EFFECTIVE AS OF December 16th, 2019.
SpotOn Restaurant Service Description
Restaurant Creation Terms
SpotOn Restaurant is a full-scale point-of-sale system built specifically for restaurants, and customized to fit and grow with your business. Your SpotOn implementation fee includes onsite installation along with remote system configuration, staff training, and go-live support.
During the menu build and system configuration process, our team will be in close communication with you to build your custom menu and configure your POS system to fit your specific requirements, with as many users and software integrations as you need.
Restaurant Installation Terms
Onsite installations are performed Monday through Thursday, between the hours of 7:30am and 7:00pm, Eastern Standard Time. Any onsite installation work performed outside standard installation hours will incur additional service fees.
Menu Verification and Site Readiness are crucial components to a successful system installation. You are responsible for completing a Menu Verification call and confirming how the menu is built before we ship out the system. Additionally, you are responsible for ensuring your site is ready for installation before SpotOn technicians arrive onsite. If our technicians arrive onsite and are unable to install the system due to lack of site readiness, you will incur additional service fees.
Cabling costs are not included in your implementation fee and must be completed as part of your site readiness preparations. SpotOn does not perform cabling services, but we can help identify a local provider, upon request.
Restaurant Installation Cancellation Terms
Once installation and go-live dates are scheduled, there is a seven (7) day cancellation window. Canceling within seven (7) days of the onsite service appointment will result in a service fee for each previously scheduled installation day.
Cisco Meraki Router and Data Usage Terms
Cisco Meraki routers and LTE data access service plans are provided for SpotOn Restaurant usage only. Cisco Meraki routers shall not be tempered with or used for personal use. Personal use includes, but is not limited to, video streaming and internet browsing. Additionally, the use of external devices not provided by SpotOn, such as personal routers and computers, is prohibited.
SpotOn will provide one (1) gigabyte of LTE access each calendar month, to be used as backup connectivity for SpotOn Restaurant in the event that internet access is limited or disrupted at the business location. LTE backup data is not intended to replace your internet service provider, and may not be used for personal use or as a wireless guest network. Personal use includes, but is not limited to, video streaming and internet browsing. In the event where backup data usage exceeds one gigabyte in a period of one month, SpotOn has the right to charge for data overages at a rate of $15 per additional gigabyte or 1.46 cents per additional megabyte.
Misuse of Cisco Meraki router and backup LTE data will result in merchant assuming full liability for data breaches, computer viruses, replacement equipment costs, and any other unintended consequences.
Restaurant Ongoing Technical Support Terms
Once your Restaurant POS has been fully implemented, we will continue to provide unlimited 24/7 phone support at no cost. Restaurant POS is designed with flexible software that is easy to configure, and includes automatic, cloud-based software updates.
Standard Restaurant POS Fees
SpotOn restaurant fees are automatically debited from your account according to the timeline outlined below; we will never ask you to make a payment through cash or personal check.
An initial deposit of $400 is charged upon your application’s approval by the SpotOn Underwriting team. This deposit is fully refundable up until your installation date, and is deducted from the final cost of your Restaurant POS hardware. The remaining hardware costs will be charged on your installation date, along with your implementation fee, shipping & handling costs and sales taxes.
The monthly POS service fee includes software licensing fee, software updates and 24/7 technical support. Your monthly POS service fees will be automatically deducted at the beginning of each month following your installation date.
Restaurant POS Contract & Cancellation Terms
Your Restaurant POS and processing agreement is on a month-to-month contract that you may cancel at any time. If you wish to cancel your Restaurant POS contract with SpotOn, you can request cancellation by emailing firstname.lastname@example.org or calling us during regular business hours at 877-814-4102 anytime Monday-Friday between 9am and 6pm EST.
Should you cancel your SpotOn Restaurant relationship within one year of installation, you will be required to pay SpotOn the difference between your initial purchase amount and the full List Price of all hardware purchased.
Should you cancel your SpotOn Restaurant relationship after one year of installation, you own the equipment and therefore are just required to give notification.
Should you wish to continue to use your SpotOn Restaurant system, but partner with a different payment processor, you will pay a $995 conversion fee and your software license costs will double.
Limited SpotOn Restaurant System Warranty
This Limited SpotOn Restaurant System Warranty applies only to SpotOn Restaurant systems You purchase for internal use, and not for resale.
(a) SpotOn warrants the hardware components of the SpotOn Restaurant systems shall be free from material defects in design, materials, and workmanship, and will function, under normal use, in accordance with the documentation, for one (1) year from the SpotOn Restaurant systems shipment date (“SpotOn Restaurant System Warranty Period”).
(b) In the event You report to SpotOn, during the SpotOn Restaurant System Warranty Period, the SpotOn Restaurant system does not materially conform with the documentation under normal use, and such non-conformity is reproducible and verifiable, SpotOn, at its discretion, shall either (1) repair or replace the SpotOn Restaurant system, or (2) refund fees received for the non-conforming SpotOn Restaurant system, prorated for the use period.
(c) All replacement parts furnished to You under this Limited SpotOn Restaurant System Warranty may be new or refurbished, and warranted as new for the remainder of the SpotOn Restaurant System Warranty Period.
(d) All component parts, which have been replaced, becomes SpotOn property. All component parts that have been repaired remains Your property.
(e) Return or Replacement Procedures. If a SpotOn Restaurant system or component part does not function as warranted during the SpotOn Restaurant System Warranty Period, and such non-conformity is reproducible and verifiable, You shall comply with SpotOn’s return or replacement procedures, including without limitation: (1) obtain SpotOn’s prior written approval; (2) present a proof of purchase and certificate of origin; (3) provide SpotOn the SpotOn Restaurant system’s identification number; (4) remove all features, parts, options, alterations, data, configuration settings, programs, and attachments not under warranty or provided by SpotOn; (5) ensure the SpotOn Restaurant system is free of legal obligations or restrictions that prevent exchange, including SpotOn Restaurant system owner authorization to have SpotOn service the SpotOn Restaurant system; (7) backup and secure all programs and data in the SpotOn Restaurant system; and (8) inform SpotOn of the SpotOn Restaurant system physical location. In the event SpotOn must repair or replace a SpotOn Restaurant system at Your premises, You agree to provide SpotOn sufficient work space and safe access to facilities.
(f) Transportation costs incurred in connection with the return of a SpotOn Restaurant system to SpotOn shall be borne by SpotOn. You agree to ship the SpotOn Restaurant system or component part suitably packaged according to SpotOn guidelines to the SpotOn designated location. Transportation costs incurred in connection with the redelivery of a repaired or replacement SpotOn Restaurant system or component part to You by SpotOn shall be borne by SpotOn; provided, however, that if SpotOn determines, in its sole discretion, that the SpotOn Restaurant system is not covered by this Limited SpotOn Restaurant System Warranty or made after the SpotOn Restaurant System Warranty Period, the repair or replacement costs, including shipping, shall be paid by You, and SpotOn shall have no obligation to deliver the repaired or replaced SpotOn Restaurant system or component part to You until You provide SpotOn Your shipping carrier and account.
(g) You acknowledge that in order to perform this Limited SpotOn Restaurant System Warranty, SpotOn may ship all or part of the SpotOn Restaurant system to third parties located anywhere in the world, and You authorize SpotOn to do so.
(h) SpotOn Restaurant System Warranty Exclusions. The Limited SpotOn Restaurant System Warranty shall be void as to SpotOn Restaurant systems damaged or rendered unserviceable by: (1) improper or inadequate maintenance by anyone other than SpotOn or SpotOn authorized employees or independent contractors (“Representatives”); (2) software or interfacing supplied by anyone other than SpotOn; (3) modifications, alterations, repairs, installations, openings, or additions to the SpotOn Restaurant systems by anyone not certified by SpotOn or SpotOn authorized Representatives; (4) negligence by any person other than SpotOn or SpotOn’s authorized Representatives; (5) misuse, abuse, accident, electrical irregularity, theft, vandalism, water, or Force Majeure Event; (6) damage caused by containment and/or operation outside the environmental specifications for the SpotOn Restaurant systems; (7) alteration or connection of the SpotOn Restaurant systems to systems, equipment, or devices (other than those SpotOn specifically approved) without SpotOn prior approval; (8) governmental actions or inactions; (9) strikes or work stoppages; (10) Your failure to follow documentation, including handling or storage not according to SpotOn guidelines; or (11) repair or replacement contrary to Applicable Laws. “Force Majeure Event” means cause beyond the reasonable control of an affected party (including, without limitation, pandemic (e.g. COVID-19), war, wind, natural disaster, lightning, fire, earthquake, flood, hurricane, riots, acts of God, Internet service provider failures or delays, denial of Internet service attacks). “Applicable Laws” means applicable national, federal, state, and local laws, rules, guidelines, court or government agency orders, and regulations.
(i) The SpotOn Restaurant System Warranty Period is not extended when SpotOn repairs or replaces a SpotOn Restaurant system or component part.
SpotOn, at its discretion, may change the availability of the Limited SpotOn Restaurant System Warranty, but changes will not be retroactive, or affect existing signed ordering documents.
Disclaimer of Warranties. EXCEPT AS PROVIDED IN THIS LIMITED SPOTON RESTAURANT SYSTEM WARRANTY, SPOTON MAKES NO (AND SPOTON SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS: (A) ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (B) OF: (I) SATISFACTORY QUALITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) NON-INFRINGEMENT; OR (IV) INTEROPERABILITY WITH THIRD-PARTY PRODUCTS OR SERVICES; AND (C) THAT THE SPOTON RESTAURANT SYSTEM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES. IN SUCH AN EVENT, THE ABOVE EXCLUSIONS WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW.
Please view additional Terms & Conditions at https://www.spoton.com/legal/merchant-terms