Legal Terms Agreement

• Eligibility: You must be at least 18 years old and have the legal authority to enter into this Agreement to use our Services. You represent that you are a business entity operating in compliance with applicable laws.
• Account Registration: You must create an account to use our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• Service Plans: We offer various pricing plans (e.g., EasyPay, BoostPay, SmartPay) as detailed on our website. You may select a plan and optional add-ons by signing a pricing agreement or through our online portal.

• Features: Select specific features (e.g., advanced POS, additional terminals) to meet your business needs.
• Merchant Service Fee (MSF): Negotiate a custom EFTPOS transaction fee rate based on your transaction volume and business model.
• Hardware: Choose specific hardware (e.g., POS touch terminal, thermal printer, barcode scanner, and other relevant hardware) to suit your operational requirements.

Custom plans are subject to a separate agreement and may involve additional fees, which will be communicated in writing.

• Warranty: All Hardware comes with a warranty as specified in your client agreement. The warranty covers defects in materials and workmanship under normal use, subject to the terms outlined in the agreement.
• Acceptance Upon Installation: Installation of the Hardware, defined as the date the Hardware is set up and operational at your business premises, signifies your acceptance of the Hardware’s condition as best and fully functional. Any issues with the Hardware must be reported immediately upon installation.
• No Returns After 14 Days: Hardware cannot be returned after 14 days from the date of installation.
• Condition for Returns: If you wish to return the Hardware within 14 days of installation, it must be in best condition, meaning no damage, wear, or alteration beyond normal use. If the Hardware is damaged, even within the 14-day period, it cannot be returned, and you will remain responsible for the full cost of the Hardware.
• Servicing: Any Hardware issues after the 14-day period will be serviced as per the terms of your client agreement. Servicing may include repair or replacement at our discretion, subject to the warranty terms.

• Fees: You agree to pay the applicable Merchant Service Fees (MSF) and any add-on fees as outlined in your selected plan. Fees are based on transaction volume and may vary by annual turnover.
• Billing: MSF is deducted from transactions processed through our Services. Add-on fees (e.g., for additional terminals) are billed monthly to the payment method on file.
• Rate Changes: We reserve the right to adjust fees with 30 days’ written notice via email or through your account dashboard.

• Term: This Agreement is effective upon your first use of our Services and continues until terminated.
• Termination by You: You may terminate your account at any time by following our cancellation process (see Section 3).
• Termination by Us: We may suspend or terminate your access to the Services if you violate this Agreement, fail to pay fees, or engage in fraudulent activity.

• Personal Information: We collect information you provide, such as your name, business name, email, phone number, and payment details, when you create an account or use our Services.
• Transaction Data: We collect data related to transactions processed through our Services, including amounts, dates, and customer payment information.
• Usage Data: We collect information about how you interact with our Services, such as IP addresses, browser type, and pages visited.

We use your information to:

• Process transactions and provide our Services.
• Manage your account and communicate with you (e.g., support, billing notices).
• Improve our Services and develop new features.
• Comply with legal obligations, such as anti-fraud and anti-money laundering regulations.

We may share your information with:

• Third-party payment processors (e.g., Nuvei) to facilitate transactions.
• Service providers who assist with our operations (e.g., hosting, analytics).
• Law enforcement or regulatory authorities when required by law.

Under the Australian Privacy Act 1988 and other applicable laws, you may have the right to

• Access, correct, or delete your personal information.
• Opt out of marketing communications.
• Request data portability.

To exercise these rights, contact us at info@prathampos.com.

• Cancellation Process: You may cancel your Pratham POS plan at any time by notifying us in writing at info@prathampos.com or through your account dashboard.
• Notice Period: Cancellations take effect at the end of the current billing cycle. You will continue to have access to the Services until then.
• Hardware Returns: Hardware cannot be returned after 14 days from the date of installation, as stated in Section 1.3. If cancellation occurs within 14 days, you must return the hardware in best condition (no damage, wear, or alteration beyond normal use). If the hardware is damaged, it cannot be returned, and you will remain responsible for the full cost.

• Merchant Service Fees (MSF): MSF fees are non-refundable as they are charged per transaction.
• Add-On Fees: Monthly add-on fees (e.g., for additional terminals) are non-refundable for the current billing cycle but will not be charged after cancellation.
• Hardware: If hardware is returned in best condition within 14 days of installation, you may be eligible for a refund of any upfront hardware fees, minus a 10% restocking fee. No refunds are available after 14 days or if the hardware is damaged, and hardware will be serviced as per the agreement.

You may not use our Services to:

• Engage in illegal activities, including fraud, money laundering, or selling prohibited goods/services.
• Process payments for unauthorized or fraudulent transactions.
• Attempt to hack, disrupt, or overload our systems.
• Use our Services in a way that violates third-party rights (e.g., intellectual property, privacy).