Terms of Service

By using Southern Point of Sale LLC Services or Products you agree to be bound by the latest amended versions of these Terms of Service, Southern Point of Sale LLC's Privacy Policy, and any Supplemental Terms (as specified below). 

Any questions you have about these Terms of Service should be sent to support@southernpointofsale.com. 

1. Accepting these Terms

1.      By using any information, features or functionality located on http://southernpointofsale.com, http://support.southernpointofsale.com or through any Application published by Southern Point of Sale LLC, or through any Southern Point of Sale LLC APIs, or through any software or other websites that interface with Southern Point of Sale LLC its Applications or APIs (the "Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service").

2.      If you do not agree with any of these terms, you are prohibited from using the Service.

2. Account

1.      If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement.

2.      You must be 18 years or older to use the Service.

3.      You must be a human. Accounts registered by any automated methods are not permitted.

4.      You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

5.      You are responsible for maintaining the security of your account, password and any other authentication credentials such as access keys. Southern Point of Sale LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6.      You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

3. Data Usage

1.     We claim no intellectual property rights over the data you provide to the Service.

2.      At any time, you may email support@southernpointofsale.com to request that all data stored on your account is deleted.

3.     We take all reasonable steps to protect data we receive from loss, misuse or unauthorized access, disclosure, alteration and/or destruction. We’ve put in place appropriate physical and electronic procedures to safeguard and secure such data.

4.     Southern Point of Sale LLC only processes personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized. We allow our users to view their own personal information, and allow them to correct, amend, or delete inaccurate personal information, except where the burden or expense of providing such access is disproportionate to the individual privacy risk, or where the rights of persons other than the requesting individual risk being violated.

5.     Southern Point of Sale LLC does not record or transmit through its servers Personal Account Numbers (PAN) including complete credit card numbers or CVC numbers. Southern Point of Sale LLC only processes tokenized payment records and associated customer data.

4. Cancellation, Termination, Recurring Billing and One Time Transactions

1.    You are aware that Southern Point of Sale LLC charges a monthly or yearly subscription fee for use of some Services.

2.    Your subscription will start when you click "Subscribe”, “Pay With" (or equivalent phrase)on a subscription purchase. This is a recurring billing transaction. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you.

3.      By clicking "Subscribe”, “Pay With"(or equivalent phrase),you authorize Southern Point of Sale LLC to bill your chosen Payment Instrument each designated billing period for the subscription at the Purchase Amount.

4.      The Purchase Amount will continue to be charged to your designated Payment Instrument each billing period, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The Purchase Amount is subject to change by the Seller during the subscription period.

5.       You are solely responsible for cancelling your subscription. You can do this at any time by sending an email to support@southernpointofsale.com.

6.      If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your current billing period.

7.      Upon cancellation of the Service, you are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased.

8.      When making a one time payment, the billing system will automatically Vault your payment data. We do not have access to the whole card number. You will have the option of using that same payment type the next you are charged for a service or product. If you elect not to have that payment used please let us know when before we initiate invoicing. 

9.      Southern Point of Sale LLC, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Southern Point of Sale LLC service, for any reason at any time. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Southern Point of Sale LLC’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Southern Point of Sale LLC and associated Services. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Southern Point of Sale LLC reserves the right to refuse service to anyone for any reason at any time.

10.      Southern Point of Sale LLC will automatically delete all Customer Data (including Personal Customer Data) in your account 90 days after your account is deactivated. This period between deactivation and deletion may allow accounts to be reactivated without loss of data, particularly in cases of nonpayment of fees. Southern Point of Sale LLC, in its discretion, may delete data in less than 90 days, where storage of such data incurs significant usage of Southern Point of Sale LLC's infrastructure. You may also email a deletion request to support@southernpointofsale.com to request earlier deletion. We will process deletion requests within 2 business days of the request being acknowledged by our support team. Any backups of data will be deleted within 180 days.

5. Modifications to the Service and Prices

1.      Southern Point of Sale LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2.      Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by email to the billing contact recorded on your account.

3.      Southern Point of Sale LLC, in its sole discretion, may exclude you from future changes to the price of the Service.

4.      Southern Point of Sale LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. Modifications to Terms of Service

1.       Southern Point of Sale LLC may update and change these Terms of Service from time to time without notice.

2.       Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

3.       You can review the most current version of the Terms of Service at any time at http://www.southernpointofsale.com/tos.html

7. Publicity

1.      Southern Point of Sale LLC shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Southern Point of Sale LLC’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.

2.      You may email support@southernpointofsale.com to request to be excluded from such publicity and Southern Point of Sale LLC will take all reasonable steps to exclude you from future publicity upon acknowledgement of your request.

8. Warranties, Limitation of Liability and Indemnity

1.      Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Southern Point of Sale LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Southern Point of Sale LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

2.      You expressly understand and agree that Southern Point of Sale LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Southern Point of Sale LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

3.        You agree to indemnify and hold Southern Point of Sale LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

9. General

1.      The look and feel of the Service is copyright © Southern Point of Sale LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Southern Point of Sale LLC.

2.       You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Southern Point of Sale LLC.

3.       You understand that Southern Point of Sale LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4.       You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5.       You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Southern Point of Sale LLC, or any other Southern Point of Sale LLC service.

6.       We may, but have no obligation to, remove data and accounts containing data that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

7.       Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Southern Point of Sale LLC customer, employee, member, or officer will result in immediate account termination.

8.       You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.

9.       The failure of Southern Point of Sale LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Southern Point of Sale LLC and govern your use of the Service, superseding any prior agreements between you and Southern Point of Sale LLC (including, but not limited to, any prior versions of the Terms of Service).

10.     Any claim relating to the Service shall be governed by the laws of the State of Louisiana, United States without regard to its conflict of law provisions.

11.    If customer files a chargeback against any service rendered or item purchased, customer will be put on a credit hold with Southern Point of Sale LLC until such time as payments and fees associated with the chargeback are paid to Southern Point of Sale LLC and customer will be on an upfront cash basis from then on.

12.    Refunds will be considered on case by case basis and is in no way guaranteed even if a problem is not successfully resolved. Customer acknowledges that Southern Point of Sale LLC has invested unrecoverable time and resources and is therefore not obligated to refund any paid amounts.

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