“Agreement” means an agreement for the sale, installation and support of computer software and hardware consisting of these terms and conditions and the Schedules. “Anniversary Date” means the anniversary of the Effective Date; “Customer” means the customer of TILL MACHINE identified on the Agreement Sales Order duly signed; “Delivery Date” means the actual delivery date of the solution or its installation, or the effective date, whichever the latest; “Documentation” means the manuals,
if any, for the Till Machine POS Software; “Effective Date” means the date set out as such on the Agreement Signed Sales Order; “Equipment” means the equipment, if any, listed in the Schedule, this term shall include any operating system of such Equipment and any related manuals ; “Initial Period” means THREE years from the delivery date; “Till Machine ” means “TILL MACHINE Personnel” mean the personnel of TILL MACHINE and/or any of its sub-contractors; “Price” means the figure given on the Schedule/Sales Order as the Total Price for those items listed plus VAT at prevailing rates; “Schedule” means schedules of hardware, software and services; “Services” means the installation, time related activity and/or other services,
if any, to be provided by TILL MACHINE to the Customer as set out in the Schedule; “Software” means any TILL MACHINE and Bespoke Software updated or added to from time to time; “Support Services” means the support services to be provided to the Customer where called for in the Schedule (if any); “Support Fee” means the price for both the Annual Licence Fee for Software and the provision of the Support Services; “System” means the software whether supplied with a server or not; “Third Party Software” means the software to be supplied or supported as part of this Agreement but which is under a licence agreement directly between a third party licensor and the Customer
These terms and conditions set out the basis upon which TILL MACHINE shall initially, as applicable, supply Equipment, Software and Documentation, and Third Party Software to, and perform the Services for, the Customer and thereafter provide Support Services as hereinafter described in respect of the items stated as being supported in the Schedule. The Software is licensed on an annual basis through payment of the Annual license Fee (non payment will revoke the license to use) which forms part of the Support Fee to Licensor or Till Machine, this agreement has an initial period. The cost of delivery and installation is estimated and could change as a result of Customers changing arranged dates and customer liable for the same. This is a Non Cancellable and Non Refundable agreement.