WEBPOS POS Sistemləri | Kafe Restoran POS Sistemi, Rəqəmsal Menyu

Sales agreement

1. Parties

1.1. This agreement establishes a contract between WebPOS company (hereinafter referred to as WebPOS) and you (hereinafter referred to as the Customer), governing your use of WebPOS software, applications, online services, and hardware. Your use of the services provided by WebPOS is entirely dependent on your full acceptance of and compliance with these terms. By accessing or using WebPOS services, you acknowledge that you approve this agreement and agree to comply with the terms.

1.2. This agreement was signed and entered into force on _______ date between WebPOS company and ________________________________ company located at the address ______________________.

2. Definitions

2.1. CUSTOMER: Restaurants, cafes, canteens, buffets, bars, patisseries, markets, retail outlets, recreational facilities, entertainment centers, hotels, and other businesses that are end-users of WebPOS products and services.

2.2. DEALER: A real or legal person indicated on WebPOS websites, authorized to sell WebPOS products and services to customers, the licensing entity.

2.3. SOFTWARE (PROGRAM): WebPOS POS System, WebPOS Display, WebPOS Portal, WebPOS GMP3 Integrator, and other programs installed on devices or used online.

2.4. APPLICATION: Software running on mobile and wearable devices, such as WebPOS Garson, WebPOS Patron, WebPOS Tablet Menu, WebPOS Watch.

2.5. SERVICE: Central Management, Inventory (Stock) Management, Online Ordering, Online Payment, TSM Integration, Yemeksepeti Integration, Waiter Call Service, Financial Reports, E-Invoice, and other cloud-based software and online services.

2.6. CUSTOM APPLICATION: Websites and mobile applications developed specifically for the Customer.

2.7. KNOWLEDGE (KNOW-HOW): Information and documents obtained during the research, design, and development processes of R&D (Ar-Ge) and product development projects conducted by WebPOS.

2.8. HARDWARE: Fixed or mobile devices on which WebPOS software or applications are installed and activated with a license code.

2.9. LICENSE: A unique identification code or digital document that enables WebPOS programs and applications to run online or on devices.

2.10. TECHNICAL SERVICE: Activities for updating WebPOS software and applications, license renewals, and support for online services.

2.11. SUBSCRIPTION: A subscription system covering the Customer's annual use of program and application licenses, annual license renewal, and technical services.

2.12. INSTALLATION (QURULUM): Creation of the Customer account, downloading applications to devices, and making the system ready for operation.

2.13. SUPPORT: Services provided for problems related to programs, applications, services, hardware, and networks.

2.14. TRAINING: Training services provided to the personnel regarding the use of programs, applications, and services.

3. Subject and Scope

3.1. The acquisition, lease (subscription), and use of programs, applications, and services by the Customer are subject to this agreement. The Customer cannot in any way transfer or assign its rights and obligations arising from the use of applications and services under this agreement to third parties.

3.2. The Customer must confirm this agreement by providing complete, accurate, and full information requested by WebPOS. The Customer also acknowledges that the person signing this agreement is authorized to represent the company.

3.3. WebPOS grants the Customer a non-transferable license and allows them to benefit from the software and applications only on devices approved by WebPOS.

3.4. If the Customer wishes to sell a device on which WebPOS software and applications are installed to a third party, they are obliged to remove the licensed application from the device before the sale. In case of bankruptcy of the Customer, sale of the business premises, and other similar cases, all licenses are canceled and cannot be used.

3.5. The Customer acknowledges that appropriate hardware, network infrastructure, and internet connection are required to use the programs, applications, and services, and that the performance of the services may be affected by these factors.

4. Rights and Obligations of the Parties

4.1. The Parties shall take necessary measures to ensure compliance with the terms of this agreement. In case of violation of the agreement terms, the damaged party has the right to claim compensation for damages.

4.2. The Customer is responsible for ensuring the accuracy and updating of their information. In case of providing incorrect or outdated information, WebPOS may restrict the Customer's access to programs and services.

4.3. The Customer is responsible for maintaining the confidentiality of the account, username, and passwords provided by WebPOS. In case of any suspicious activity or security breach, they must contact WebPOS immediately.

5. Rescission and Modifications of the Agreement

5.1. WebPOS has the right to modify or update the terms of this agreement in agreement with the Customer. If the Customer does not accept these changes, the agreement may be terminated.

5.2. The Customer has the right to cancel their subscriptions if they do not agree to the annual increases in WebPOS subscription and technical service fees.

6. Warranty and Quality of Services

6.1. WebPOS guarantees the quality and continuous operation of the services provided to the Customer. However, WebPOS shall under no circumstances be liable for the interruption or suspension of services within a specific timeframe.

6.2. In case of any malfunction or problem in the provided services, WebPOS will immediately take appropriate measures and try to eliminate the problem. However, WebPOS is not responsible in the following cases:

Malfunctions or errors in the hardware on which WebPOS programs or applications are used;
Problems with the network connection and internet services required to access WebPOS services;
Incorrect information provided by the user or unauthorized modification of data.

7. Limitation of Liability

7.1. WebPOS is liable to the Customer only in case of its own absolute and proven errors. WebPOS assumes no liability for the failure of the software and services to fully comply with the specific purposes of the Customer, or for potential errors or losses.

7.2. The services and software provided by WebPOS are based solely on the information provided by the user. The Customer considers themselves responsible for losses resulting from user errors or other technical problems on the Customer's side.

8. Invalidity of Previous Agreements

8.1. This agreement exclusively regulates the relations between the Customer and WebPOS. If there was any previous agreement related to this service, it is replaced by this agreement and becomes invalid.

8.2. Each party to the agreement acknowledges that with the signing of this document, any previous dispute or legal matter is considered settled and eliminated.

9. Posting and Confirmation of Terms

9.1. The terms of this agreement will be published on the WebPOS website, and the parties confirm the signing of the agreement by reading and agreeing to these terms.

9.2. WebPOS reserves the right to change the terms or apply additional rules. Any change will be notified to the customer, and the customer will update the agreement by expressing consent to these changes.

10. Termination of the Agreement

10.1. This agreement may be terminated by mutual consent of the parties or in case of violation of the agreement terms by one party. In case of termination, the customer must immediately stop using all WebPOS services, and payments related to the terminated agreement must be settled without delay.

10.2. WebPOS has the right to terminate the agreement immediately in case of breach of terms by the customer, and in this case, the customer cannot request any refund.

11. Dispute Resolution

11.1. Any dispute arising out of or in connection with this agreement should be resolved through mutual negotiation and conciliation between the parties. If an agreement is not reached, the dispute shall be submitted to court.

11.2. In case of any disputes, the parties will apply to the relevant competent local courts, and such disputes shall be resolved exclusively in accordance with the applicable local legislation.

12. Other Terms

12.1. The provisions of this agreement shall remain in force as agreed with WebPOS, without any modification or addition.

12.2. In the event that any term or clause is declared invalid by a court, the remaining terms and clauses shall continue to have full force and effect.

This agreement was signed on ____________________ date and is accepted between the parties as a legal agreement.

WebPOS: _____________________________

Customer: _____________________________