Payment Terminal Terms
Effective Date: May 7, 2018
Last Updated Date: May 7, 2018
These payment terminal terms (“Payment Terminal Terms”), together with the overhead agreement which refers to this supplement as being applicable between the Parties (the “MINDBODY Terms of Service”), govern your use of the Poynt smart payment terminal (the “Poynt Terminal”), and the support services and MINDBODY software provided by MINDBODY for use with the Poynt Terminal (the “Terminal-Related Services”). Capitalized terms used in these Payment Terminal Terms but not otherwise defined herein will have the meaning given to them in the MINDBODY Terms of Service.
1. Poynt Terminals.
Upon successfully ordering a Poynt Terminal from MINDBODY, you will be issued an order confirmation indicating acceptance of your order (“Order Confirmation”). Except as provided herein, the Poynt Terminal is a Third Party Offering (as defined in the Agreement).
If, during the first twelve (12) months after the date you receive your Poynt Terminal (the “Coverage Period”), your Poynt Terminal does not operate substantially in accordance with Poynt’s documentation for the Poynt Terminal (the “Poynt Documentation”), then MINDBODY will, at no additional charge to you, replace your Poynt Terminal with a new or refurbished Poynt Terminal (as determined by MINDBODY), provided that you: (a) promptly contact MINDBODY and request a return material authorization (“RMA”), and (b) return the malfunctioning Poynt Terminal to the location specified by MINDBODY within ten (10) calendar days of the issuance of the RMA. This Section 2 will apply to the replacement Poynt Terminal that you receive from MINDBODY for the remainder of the Coverage Period for your original Poynt Terminal. This Section 2 describes MINDBODY’s sole obligation, and your exclusive remedy, if the Poynt Terminal does not operate in accordance with the Poynt Documentation.
If you are not satisfied with the Poynt Terminal that you purchased from MINDBODY, you may contact us for an RMA within thirty (30) calendar days after receiving your Poynt Terminal. The Poynt Terminal must be returned to MINDBODY within ten (10) calendar days of the issuance of the RMA. If you complete the satisfactory return of the Poynt Terminal to MINDBODY, you will be refunded your purchase price for the Poynt Terminal minus a ninety-nine-dollar ($99.00) restocking fee. MINDBODY will deduct the restocking fee from any refund MINDBODY makes to you.
4. Terminal-Related Services.
The Terminal-Related Services, which are “Services” for the purpose of the Agreement, do not include any software, apps or services not provided by MINDBODY.
5. Support Services.
As part of the Terminal-Related Services you will have access to MINDBODY’s standard support services described at https://support.mindbodyonline.com/s/article/214494348-Standard-Support-Services (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. For an additional fee, you may purchase Professional Services as described at https://www.mindbodyonline.com/professional-services (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time.
You agree to the payment terms stated on an Order Form or otherwise specified by MINDBODY.
- 6.1. One-Time Payment. Except as specified above in Section 3, all payment obligations are non-cancelable and all fees paid are non-refundable.
- 6.2. Installment Payment Plan. If MINDBODY agrees to your purchase of the Poynt Terminal by you paying the purchase price in installments, you agree to pay the entire amount owed pursuant to the payment schedule agreed upon (“Payment Installment Plan”). If you cancel your Services or your Terminal-Related Services prior to completion of the Payment Installment Plan you agree to pay the remaining Payment Installment Plan amount owed (“Early Termination Fee”). The parties acknowledge and agree that damages resulting from termination pursuant to this Section would be impossible or very difficult to accurately estimate, and that the Early Termination Fee is a reasonable estimate of the harm that may arise by such termination and are liquidated damages (not a penalty).
7. Incorporation of the MINDBODY Terms of Service.
You acknowledge that these Payment Terminal Terms are hereby incorporated into the MINDBODY Terms of Service and are therefore part of the Agreement. Any dispute or claim arising from or relating to these Payment Terminal Terms, the Poynt Terminal and/or the Terminal-Related Services is subject to the warranties and disclaimer, limitations and exclusions of liability, governing law and all other terms in the MINDBODY Terms of Service. Any conflicts between the MINDBODY Terms of Service and these Payment Terminal Terms will be resolved in favor of these Payment Terminal Terms.