JCR Systems - Terms of Service

1. Agreement to Terms

Thank you for being a valued loyal customer of JCR Systems. By accessing or using the point of sale (POS) systems, credit card payment processing services, network management services, equipment, software, and related support (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or by other reasonable means. Your continued use of the Services constitutes your acceptance of the changes.

2. Definitions

Agreement: These Terms of Service.

Cellular Backup: Our LTE data service for the Point Of Sale system.

Equipment: Point Of Sale equipment including but not limited to Stations, Printers, Payment Devices, Cash Drawers, Network Equipment (Routers, Switches, Wi-Fi Access Points, Cellular Backup Antenna).

Network Management: The services We provide for managing the isolated network connected to the Point Of Sale System.

Payment Device: Semi-integrated payment terminals provided by Our designated partnered Payment Processors.

Designated Payment Processor: The specific credit card processing companies We are partnered with.

Point Of Sale System: The integrated system comprising the Equipment and Software used for point of sale transactions.

Services: The point of sale systems, credit card payment processing facilitation, network management, equipment servicing, cloud network management, technical support, payment device provisioning, and cellular backup services We offer.

Software: The software applications for use with the Point Of Sale System.

3. Services Provided

Point of Sale Systems: We provide Point Of Sale systems comprised of various hardware components as needed for your business operations.

Credit Card Payment Processing Services: We facilitate the connection between your Point Of Sale System and only our designated partnered Payment Processors to enable credit card and other payment transactions. You acknowledge that We are not the payment processor; the processing services are provided by our designated Payment Processor partners, and your agreement with them is separate.

Network Management: We provide management services for the isolated network specifically connected to your Point Of Sale System, including the configuration and basic support of routers, switches, Wi-Fi access points, and cellular backup equipment.

Equipment Servicing: We provide servicing for Point Of Sale Equipment that is under the manufacturer's warranty or for Equipment that you rent from Us, subject to the terms of the applicable warranty or rental agreement.

Cloud Network Management: We offer cloud-based tools and services for remote monitoring and management of your Point Of Sale network.

Technical Support: We offer technical support for the Point Of Sale Software, Hardware, and the isolated Point Of Sale Network We manage.

Payment Device Provisioning and Configuration: We only work with our designated partnered Payment Processors to properly provision, configure, and support the semi-integrated Payment Devices.

Cellular Backup Service: Our Cellular Backup service provides LTE data connectivity to the Point Of Sale System for transaction processing in the event of a primary internet outage, up to the monthly data plan limit. You may have the option to purchase additional data beyond the limit at our then-current rates.

4. Limitations of Services

We do not provide support for or integration with any third-party service providers that We are not directly partnered with. Any support needed for such third-party services must be obtained directly from those providers.

We exclusively work with credit card processing companies and agents that We have established partnerships with. We do not support or integrate with any other payment processors.

You are prohibited from connecting any devices not provided by Us to the Point Of Sale network and Point Of Sale WiFi We are supporting and managing, including but not limited to: cell phones, computers, switches, routers, WiFi, office printers, and payment devices not provided by one of Our designated partnered Payment Processors.

Payment Devices are specifically configured and locked to function exclusively with Our designated partnered Payment Processors. These devices cannot be unlocked, reconfigured, or reprogrammed to process payments with any other payment processor.

5. Unsupported Equipment, Software, and Operating Systems

Discontinued Equipment: We will no longer provide support or maintenance for Point Of Sale Equipment models once the original manufacturer has officially discontinued support for that specific model number. In such cases, the Customer will be responsible for purchasing or renting a currently supported replacement model from Us. We will use reasonable efforts to notify Customers in advance of equipment becoming unsupported, when feasible.

Obsolete Software Versions: We maintain support for the current version of our Point Of Sale Software and the two (2) immediately preceding versions. Once a particular software version is four (4) or more versions behind the current release, it will be considered unsupported. Customers using unsupported software versions may experience compatibility issues and will be required to upgrade to a supported version to continue receiving technical support and ensuring optimal system performance.

End-of-Life Operating Systems: We will not provide support for Point Of Sale systems running on operating systems that have reached their end-of-life support as designated by the operating system vendor. Using unsupported operating systems can pose security risks and may lead to system instability. We will use reasonable efforts to notify Customers in advance of operating systems becoming unsupported, when feasible.

Expired PCI Compliant Payment Devices: For security reasons and to maintain Payment Card Industry (PCI) compliance, We do not support payment device models once their PCI compliance expiration date has passed. Customers using payment devices with expired PCI compliance dates are required to upgrade to a current, PCI-compliant model. We will make reasonable efforts to inform Customers about upcoming PCI compliance expirations for their payment devices.

6. Customer Responsibilities

Provide accurate information necessary for the provision of the Services.

Ensure a suitable and safe operating environment for the Equipment.

Comply with all applicable laws and regulations related to your business operations and use of the Services.

Provide and maintain your own network for any non Point of Sale related uses.

Do not interfere with the proper functioning of the Point Of Sale system or the managed network.

Promptly report any issues, malfunctions, or security breaches related to the Point Of Sale system or Services to Us.

Pay all charges associated with the Services according to the agreed-upon payment terms.

7. Payment Terms and Fees

The fees for our Equipment (sale or rental), Services, network management, technical support (if applicable beyond standard support), and Cellular Backup service will be as set forth in a separate agreement or our then-current pricing schedule.

You agree to pay all applicable fees and charges in accordance with the agreed-upon payment terms, including the specified payment methods and billing cycles.

All fees are exclusive of applicable taxes, which will be your responsibility to pay.

Our policies regarding refunds or cancelations will be provided separately.

8. Equipment Ownership and Rental

If you rent Equipment from Us, you acknowledge that the Equipment remains Our sole and exclusive property. You are responsible for maintaining the Equipment in good working order, subject to normal wear and tear, and for returning it to Us in the same condition upon termination of the rental agreement. You are responsible for any loss or damage to rented Equipment beyond normal wear and tear.  In the event that any rented Equipment is lost, stolen, or returned in a condition that reflects damage beyond normal wear and tear, Customer will be billed a core charge. The amount of this core charge will be based on the then-current replacement cost of the affected Equipment. We will provide you with documentation of the damage and the applicable core charge amount. Payment for the core charge will be due in accordance with our standard payment terms.

If you purchase Equipment from Us, ownership of the specific hardware components will transfer to you upon full payment. However, any Software embedded in the Equipment may be licensed, not sold, to you under the terms herein.

9. Warranty and Disclaimer

Any warranties for the Equipment will be the manufacturer's warranty, which We may pass through to you. The terms and duration of such warranties are determined by the manufacturer.

While we do strive to keep systems operational, we do not warrant that the services will be uninterrupted or error-free, or that all defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SERVICES AND EQUIPMENT.

10. Intellectual Property

All rights, title, and interest in and to the Software, documentation, and any other intellectual property related to the Services and Equipment provided by Us are owned by Us or our licensors.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely as necessary for the operation of the Point Of Sale system in accordance with these Terms.

You shall not, and shall not permit any third party to, copy, modify, distribute, reverse engineer, decompile, or otherwise attempt to derive the source code of the Software, except as expressly permitted by applicable law.

11. Data Privacy and Security

Our collection and use of your data are governed by our Privacy Policy, which is incorporated into these Terms by reference and can be found at [Privacy Policy]. https://www.jcrsystems.com/privacy/  Please review our Privacy Policy to understand our practices.

We will implement reasonable security measures to protect the Point Of Sale Network We manage from unauthorized access and use.

You are responsible for implementing appropriate security measures for your own systems and data beyond the isolated Point Of Sale Network We manage.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party.

13. Termination

We may terminate these Terms and your access to the Services at any time, with cause, upon reasonable notice.

You may terminate these Terms by ceasing to use the Point Of Sale systems and Services and providing us with written notice and returning all rental equipment.

Upon termination, your right to use the Services will immediately cease. You will be responsible for any outstanding fees.

14. Indemnification

You agree to indemnify, defend, and hold harmless JCR Systems, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or in any way connected with your use of the Services, your breach of these Terms, or your violation of any applicable law or the rights of any third party.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JCR SYSTEMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Duval County, Florida. You consent to the personal jurisdiction of such courts.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms, in whole or in part, without your consent.

19. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

JCR SYSTEMS
4936 LENOIR AVENUE
JACKSONVILLE, FLORIDA 32216

904-296-8200

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.