Terms and Conditions

Program/Brand Name: POS Nexus

Welcome to POS Nexus. These Terms and Conditions govern your use of our Point-of-Sale (POS) hardware, software, payment processing services, and any related communications, including our SMS Program. By signing a service agreement, using our products, or receiving our communications, you agree to these Terms.

1. General Agreement and Scope of Service

Service: POS Nexus is a provider of payment processing services, hardware solutions (terminals, readers, printers), POS software systems (including third-party integrations like Clover), and related business consulting.
Acceptance: Your acceptance of any POS Nexus proposal, installation, or activation of equipment constitutes acceptance of these Terms, as well as any separate Merchant Service Agreement (MSA) required by the payment processor. Where these documents conflict, the MSA and your signed service agreement generally take precedence regarding financial liabilities.
Third-Party Products: We offer hardware and software from third-party manufacturers (e.g., Clover, Dejavoo). POS Nexus is not the manufacturer of this equipment. We facilitate its sale and service, but warranties for hardware and specific software functionality are often provided by the original vendor.

2. Hardware and Equipment Terms

Sale or Lease: Specific terms for the acquisition of POS hardware will be detailed in a separate Equipment Purchase Agreement or Equipment Lease Agreement.
Usage Responsibility: You are responsible for using all equipment in line with the manufacturer’s and POS Nexus’s instructions. You must maintain the equipment, protect it from damage, and use only approved peripherals.
Return Policy: Hardware returns are subject to a defined period and may incur restocking fees, as specified in your purchase agreement. Leased equipment remains the property of POS Nexus or its leasing partner.
Security: You must maintain a secure network environment for the POS equipment and ensure physical security to prevent unauthorized access or tampering, following all PCI DSS standards.

3. Payment Processing and Liability

Processor Relationship: POS Nexus arranges payment processing services for you through affiliated banks and third-party processors. You acknowledge that you enter into a direct relationship with the processor for the settlement of funds.
Compliance: You are responsible for maintaining continuous compliance with all applicable card brand rules and PCI Data Security Standards (PCI DSS).
Chargebacks: POS Nexus is not responsible for any chargebacks, fraudulent transactions, or fees assessed by the payment processor or card networks. You retain all financial liability for transactions conducted through your terminals.
Service Interruptions: While we strive for system uptime, POS Nexus does not promise that payment processing will be error-free or uninterrupted. We are not liable for losses resulting from payment system outages.

4. Fees, Billing, and Termination

Fees: All processing rates, monthly service fees, hardware fees, and cancellation charges are listed in your signed Merchant Service Agreement.
Billing: You agree to pay all fees and charges on time. Failure to pay may lead to service interruption, including the suspension of payment processing and technical support.
Early Termination: Canceling a service agreement before the stated term may result in an Early Termination Fee (ETF) as defined in your agreement.

5. Intellectual Property

Ownership: You retain ownership of all business data, customer information, and content stored on or processed through the POS system.
License: POS Nexus grants you a non-exclusive, non-transferable license to use the POS software during the term of your agreement. You must not modify, reverse engineer, or attempt to copy the software.

6. SMS Program Terms and Conditions (A2P 10DLC Compliance)

These terms govern your customers’ subscription to our recurring text message programs, which may include appointment reminders, order alerts, or promotions from your business (the “SMS Program”).

Messaging Frequency: Messages are recurring, and the frequency may vary based on your business activity (e.g., number of orders, scheduled reminders).
Cost Disclosure: Message and data rates may apply to any messages sent to or from the subscriber.
Opt-Out: The user has the right to opt out at any time. To opt out at any time, text STOP to the shortcode or long code.
Assistance: For assistance, text HELP for help. You may also visit the Privacy Policy page.
SMS Consent: By opting in, the subscriber provides explicit consent to receive automated messages.

7. Limitation of Liability

POS Nexus, its employees, or agents will not be liable for any special, incidental, indirect, or consequential damages, including loss of profits, data, or business, arising from the use or inability to use the services or equipment. Our total liability for any claim arising under these Terms is limited to the fees you paid to POS Nexus for the specific services giving rise to the claim during the three months preceding the event.

8. Governing Law

These Terms are governed by the laws of the State of Illinois, USA.

9. Customer Care Details

For assistance with services, equipment, or payment:

Phone: +1 (833) 870-2756
Email:sales@posnexus.com
Address: 901 Batavia Ave Ste 115, Batavia, IL 60510