1. Relationship to Phorest Services Agreement
When you use PhorestPay Terminal, you expressly agree to the terms and conditions listed hereafter, the Phorest Terms of Service and any updates or modifications Phorest or Stripe makes to either of the foregoing from time to time. These Terminal Terms supplement the Phorest Terms of Service, which generally governs your use of Phorest’s general services, as well as our PhorestPay products. To the extent that there is a conflict between the Phorest Terms of Service and these terms related to PhorestPay Terminal, these terms will prevail.
2. Limited Hardware Warranty
a. This agreement includes a limited warranty against defects in materials and workmanship under normal use for a period of one (1) year from the shipping date. Under this agreement and subject to clauses 2(b), 2(c) and 2(d) below, defective hardware will be replaced.. You will promptly notify Phorest of any equipment malfunction, failure or other incident resulting in the loss of use of the equipment or need for repair or maintenance;
b. You must return the defective PhorestPay Hardware to Phorest at the designated address with all accessories, cords, cables, parts and documentation included, within fourteen (14) days of receiving your replacement PhorestPay Hardware. In the event you fail to return your defective PhorestPay Hardware pursuant to the process and time frame specified by Phorest, Phorest will charge either your PhorestPay Account (if there is a balance) or include a charge on your next Phorest subscription bill. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the PhorestPay Hardware. Warranty coverage terminates if you sell or transfer your PhorestPay Hardware. To initiate a warranty based return, contact Phorest Support;
c. This limited warranty does not apply to PhorestPay Hardware that has been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of god (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes;
d. You cannot sell or transfer the terminal to another third party, doing so terminates your warranty. Warranty does not apply to hardware that has been tampered with or repaired.
3. Phorest Pay Terminal access
a. Upon payment of either/both of the fees listed in clause 3(b) or 3(c), ownership of the PhorestPay Terminal transfers to you. Continued access to the terminal’s features is dependent upon clauses 3(b) and 3(c) below;
b. Phorest may charge you, at its discretion, a monthly access fee for each PhorestPay Terminal, These charges are subject to change and will be clearly communicated to you at the point of purchase;
c. Phorest may charge you, at its discretion, a once-off upfront payment for lifetime access to the software required for each device. These charges are subject to change and will be clearly communicated to you at the point of purchase;
d. By using PhorestPay Terminal, you expressly agree to a minimum one (1) year term of use. Should you attempt to cease usage prior to the end of this term, Phorest will charge either your PhorestPay Account (if there is a balance) or include a charge on your next Phorest subscription bill for the balance of the software access fee. The minimum term is for one (1) year from the shipping date;
e. Should you require additional PhorestPay Terminals, either as replacement devices not covered through our warranty as described in clause 2, or devices required through the normal course of business, you will be liable for additional charges as described in clauses 3(a) or 3(b) above;
f. You must promptly install any and all Phorest updates to continue using the Services.
4. Surcharging
You may choose to apply a surcharge to card transactions processed on the PhorestPay card terminal, provided you comply with all applicable laws, regulations, and payment scheme rules. You are responsible for ensuring surcharging is legally permitted in your region and you must also comply with any relevant tax obligations related to surcharges.
If you decide to apply a surcharge, the surcharge must not exceed your cost of acceptance. The Australian Competition and Consumer Commission has published guidance on how to calculate and apply a surcharge which complies with the Reserve Bank of Australia’s standard.
To use the PhorestPay surcharging feature, you must have a Phorest software subscription, a PhorestPay Stripe account and a PhorestPay card terminal.
The surcharging feature may only be enabled on a PhorestPay card terminal or software provided by PHOREST PTY LTD.
You must clearly and prominently disclose the surcharge amount or rate to customers before completing the transaction. Customers must have the option to select an alternative payment method or cancel the transaction without incurring any cost. Surcharges must not be processed as separate transactions from the payment amount.
If a transaction is refunded in full, any surcharge applied to the original transaction must also be refunded in full to the same payment card. For partial refunds, the surcharge must be refunded on a pro-rata basis to the same payment card.
It is your responsibility to ensure that any surcharge applied is compliant with applicable laws and payment scheme rules. If it is determined that you were not permitted to apply a surcharge or that the surcharge exceeds allowable limits, you agree to indemnify PHOREST PTY LTD against any fines, claims, or other consequences resulting from your actions. For further details on surcharging compliance, you are encouraged to review relevant regulatory standards, including those published by the Reserve Bank of Australia and the ACCC.
5. Termination
a. In the event of early termination, the balance of the minimum term will become payable immediately and any access will be revoked;
b. Unless otherwise prohibited by law, and without prejudice to Phorest’s other rights or remedies, Phorest shall have the right to immediately terminate (i) your access if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any access fee paid by you in advance reflecting the period where you did not have access to the product;
c. If there are any access fees that are outstanding for a period of 1 month, your account will go into an inactive state. In this inactive state, you may be unable to use the PhorestPay Terminal.
