Smart Payment Terminal Terms
Effective Date: May 7, 2018
Last Updated Date: August 1, 2019
These smart payment terminal terms (“Smart Payment Terminal Terms”), together with the overhead agreement which refers to this supplement as being applicable between the Parties (the “MINDBODY Terms of Service/Booker Subscription Services Agreement”), govern your use of either the Poynt or Stripe smart payment terminal (the “Smart Payment Terminal”), and the support services and the software provided by MINDBODY/Booker for use with the Smart Payment Terminal (the “Terminal-Related Services”). Capitalized terms used in these Smart Payment Terminal Terms but not otherwise defined herein will have the meaning given to them in the MINDBODY Terms of Service/Booker Subscription Services Agreement.
1. Smart Payment Terminals.
Upon successfully ordering a Smart Payment Terminal from MINDBODY, you will be issued an order confirmation indicating acceptance of your order. Except as provided herein, the Smart Payment Terminal is a Third Party Offering (as defined in the Agreement). In addition to the terms contained herein, if you purchase or receive a Stripe smart payment terminal, you also agree to (a) the Stripe Terminal Purchase Terms as well as the Stripe Terminal Terms ; and (b) only use the Stripe smart payment terminal within the country to which it was initially shipped.
If, during the first twelve (12) months after the date you receive your Smart Payment Terminal (the “Coverage Period”), your Smart Payment Terminal does not operate substantially in accordance with Poynt’s or Stripe’s (as applicable) documentation for the Smart Payment Terminal (the “Smart Payment Terminal Documentation”), then MINDBODY/Booker will, at no additional charge to you, replace your Smart Payment Terminal with a new or refurbished Smart Payment Terminal (as determined by MINDBODY/Booker), provided that you: (a) promptly contact MINDBODY/Booker and request a return material authorization (“RMA”), and (b) return the malfunctioning Smart Payment Terminal to the location specified by MINDBODY/Booker within ten (10) calendar days of the issuance of the RMA. This Section 2 will apply to the replacement Smart Payment Terminal that you receive from MINDBODY/Booker for the remainder of the Coverage Period for your original Smart Payment Terminal. This Section 2 describes MINDBODY’s/Booker’s sole obligation, and your exclusive remedy, if the Smart Payment Terminal does not operate in accordance with the Smart Payment Terminal Documentation.
If you are not satisfied with the Smart Payment Terminal that you purchased from MINDBODY/Booker, you may contact us for an RMA within thirty (30) calendar days after receiving your Smart Payment Terminal. The Smart Payment Terminal must be returned to MINDBODY/Booker within ten (10) calendar days of the issuance of the RMA. If you complete the satisfactory return of the Smart Payment Terminal, you will be refunded your purchase price for the Smart Payment Terminal minus a ninety-nine-dollar ($99.00) restocking fee. MINDBODY/Booker will deduct the restocking fee from any refund made 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/Booker.
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://business.mindbody.io/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/Booker.
- 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/Booker agrees to your purchase of the Smart Payment 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/Booker Subscription Services Agreement.
You acknowledge that these Smart Payment Terminal Terms are hereby incorporated into the MINDBODY Terms of Service/Booker Subscription Services Agreement and are therefore part of the Agreement. Any dispute or claim arising from or relating to these Smart Payment Terminal Terms, the Smart Payment 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/Booker Subscription Services Agreement. Any conflicts between the MINDBODY Terms of Service/Booker Subscription Services Agreement and these Smart Payment Terminal Terms will be resolved in favor of these Smart Payment Terminal Terms.