Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF JaimePOS.COM, INCLUDING YOUR USE OF THE SERVICES AND CONTENT.  YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

JaimePOS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF JaimePOS.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT JaimePOS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH JaimePOS.COM.

 

Section 1. Definitions
 

Content: information, graphics, products, features, functionality, services, and links on JaimePOS.com.

JaimePOS: JaimePOS, LLC., it’s and its affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded JaimePOS under this agreement, but JaimePOS, LLC. is the sole obligor under these Terms of Use.

Services:  any and all services accessible at JaimePOS.com 

You: Yourself and the entity that you represent.

Section 2. Use of JaimePOS.com

JaimePOS.com is provided solely for the use of current and potential JaimePOS customers to interact with JaimePOS and may not be used by any other person or entity, or for any other purpose. Specifically, use of JaimePOS.com to provide information to or prepare items or for the benefit of third-party dealers is expressly prohibited.

The use of non-authorized scripting technologies to obtain information from JaimePOS.com or submit information through JaimePOS.com is strictly prohibited.

JaimePOS does not accept ideas, concepts, or techniques for new services or products through JaimePOS.com. If such information is received, it will not be considered confidential and JaimePOS will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 3. JaimePOS.com Login Registration

You may choose to register on JaimePOS.com to access interactive features on JaimePOS.com. Your JaimePOS.com Login provides you with access to the Services, if you have been authorized to access such Services. The availability of these Services varies by state. In the future, JaimePOS may add other features that may be accessed through JaimePOS.com Login. In such event, previously registered users will not be required to re-register.

Certain Services may require additional enrollments or agreements and may be subject to additional terms and conditions.

By registering on JaimePOS.com, You agree to provide accurate and current information about Yourself as prompted by the JaimePOS.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some Services are being made available to customers based in some states and not others. You agree to register only for JaimePOS.com Services offered on the JaimePOS.com website for your intend state in which your JaimePOS account is based. 

When you register using JaimePOS.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify JaimePOS of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your JaimePOS.com session at the end of each visit.

You acknowledge and agree that it may be necessary from time to time for JaimePOS to confirm the validity of the credit card information you provided to open your JaimePOS account. When this occurs, JaimePOS may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.

 

Section 4. Changes to JaimePOS.com

JaimePOS.com and its Content, may be changed, deleted or updated at any time without notice.



Section 5. Termination of Use

JaimePOS may discontinue, suspend or modify JaimePOS.com at any time without notice, and JaimePOS may block, terminate or suspend Your and any user’s access to JaimePOS.com at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. The provisions of Section 7, 8, 9, 10, 13, 14 and 15 shall survive any termination of this Agreement.

 

Section 6. Ownership

JaimePOS.com and its Content are protected by United States and international copyright, trademark and other laws. © 2016-2021 JaimePOS. All rights reserved. Specifically, JaimePOS does not convey to anyone, through allowing access to JaimePOS.com, any ownership rights in JaimePOS.com or in any Content appearing on or made available through JaimePOS.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of JaimePOS.com or its Content.

 

Section 7. Disclaimer of Warranty

JaimePOS.COM AND ITS CONTENT AND SERVICES ARE PROVIDED “AS IS”. JAIMEPOS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE JAIMEPOS.COM AND ITS CONTENT OR ANY OF JAIMEPOS SERVICES.

JAIMEPOS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING JAIMEPOS.COM AND ITS CONTENT, JAIMEPOS’S SERVICES AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAIMEPOS DOES NOT WARRANT THAT JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES WILL BE CORRECTED. FURTHERMORE, JAIMEPOS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR CUSTOMERS’ USE OF JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY JAIMEPOS OR AN AUTHORIZED REPRESENTATIVE OF JAIMEPOS SHALL CREATE A WARRANTY.

 

Section 8. Limitation of Liability

YOUR USE OF JAIMEPOS.COM AND ITS CONTENT AND JAIMEPOS’S SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL JAIMEPOS BE LIABLE TO YOU OR TO ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF JAIMEPOS, OR AN AUTHORIZED REPRESENTATIVE OF JAIMEPOS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

JaimePOS, will not be liable for Your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard Your login id or password code, or Services or Content provided to or accessed by You (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in JaimePOS.com or its Content or any of JaimePOS’s Services. Also, JaimePOS, will not be liable if You violate any of the terms of this Agreement. JaimePOS, will not be liable for loss, damages or delay caused by events JaimePOS, cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify JaimePOS, of any known or suspected unauthorized use of your logon id, password code or any other confidential information relating to JaimePOS or any known or suspected breach of security, including loss, theft, or damage to your shipments.

Section 9. Indemnity

You shall bear the risk of loss or damage resulting from Your use of JaimePOS.com or its Content or any of the Services.  You agree to defend, indemnify and hold harmless JaimePOS and its respective officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees arising out of or relating to any of the following:

  • ·Your breach of any of these terms and conditions,
  • Your activities conducted in connection with JaimePOS.com, its Content or any of the Services
  • Your failure to abide by any applicable laws or regulations regarding JaimePOS.com, its Content or any of the Services
  • JaimePOS’s provision of data and information to You (including, without limitation, any errors in the information or any unavailable or incomplete information)
  • Authorized or unauthorized uses of JaimePOS.com, its Content or any of the Services any manner by You or on Your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy, or

Your failure to implement adequate internal security measures to safeguard Your login id,  password code or any other data or information provided by JaimePOS (or any portion thereof) and its confidentiality.

 

Section 10. JaimePOS Service Guide

The terms and conditions for using JaimePOS’s website and related services are contained in the website and most product descriptions.

For each purchase you make or request using JaimePOS products, You agree that the terms, conditions and limitations set forth in the “Terms and Conditions” of the JaimePOS applicable to the product, are applicable to such shipment, except as otherwise provided for in a written agreement between You and JaimePOS.  All shipments and claims are subject to the terms, conditions and limitations of the contract, including the “Terms and Conditions” in the JaimePOS website applicable to the product, which may be amended from time to time by JaimePOS without notice.

 

Section 11. Links to other web sites

There are links on the JaimePOS.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by JaimePOS. JaimePOS makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

JaimePOS has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

 

Section 12. Privacy Policy

The JaimePOS Privacy Policy governs the use of information acquired from You through JaimePOS.com.

 

Section 13. Export

You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations, and economic sanctions programs maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and those of any other country from which You may access JaimePOS.com regarding access, use, export, re-export and import of any Content appearing on or available through JaimePOS.com.

You represent and warrant that (i) you will not export or import any Content or use any Content for transactions involving any country to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for the purposes of these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea region); (ii) you are not a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.

 

Section 14. Controlling Law and Severability

These Terms of Use and Your use of JaimePOS.com or its Content or any of the Services is governed by and construed in accordance with the laws of the United States and the State of Nevada, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to JaimePOS.com or its Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Las Vegas, Nevada. 

 

Section 15. Terms of Products

Customer agrees that domestic products by JaimePOS of any shipments tendered to JaimePOS shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE invoice, Label, or Manifest, any applicable product/service agreement between Customer and JaimePOS covering such products, Standard Conditions of Products, copies of which are available upon request, and which are incorporated into these Terms of Use by reference. If there is a conflict between the Invoice Documentation and any such document than in effect or these Terms of Use, then the product/service agreement, Standard Conditions of Product, or these Terms of Use will control, in that order of priority.

Unless otherwise indicated, the shipper’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Invoice Documentation the first carrier of all shipments is JaimePOS, 7317 Gran Paradiso Dr, Las Vegas, NV  89131.

 

Section 16. Assignment and Non-Waiver

You may not assign Your rights or delegate Your duties under these Terms of Use. Failure or delay by JaimePOS to exercise any right, remedy, power or privilege hereunder, shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion. 

 

Section 17. Announcements and Email Communications

Neither JaimePOS nor You shall make any press release or announcement containing the other’s name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that JaimePOS may use the email address(es) that you provide when enrolling on JaimePOS.com, as updated, to communicate with you regarding JaimePOS.com, its Content and the Services. 

 

Section 18. Complete Agreement and Modification

These Terms of Use shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment too or modification of this Agreement will be binding on JaimePOS without JaimePOS’s written consent. 

 

PAF (Payment Authorization Form) Complete Terms & Conditions Agreement

Customer authorizes and agrees to all terms by signing PAF. Customer authorize JaimePOS LLC to initiate funds from the account indicated on signed PAF, for the amount(s) and billing frequencies as indicated on PAF form. The PAF is an open authorization and Customer understands that this authorization is valid for recurring monthly payments due, orders, past dues invoices, fees, or any outstanding balance.

Customer understands that the PAF is a payment authorization form that will allow JaimePOS LLC to charge Customer’s account for any recurring monthly payments such as Terminal Agreement(s), POS Agreement(s), SaaS Agreement(s), any future orders, orders, past dues invoices, fees, or any outstanding balances. By signing PAF, Customer authorizes JaimePOS LLC to charge the checking account provided on PAF. Customer understands that the PAF payment authorization is valid for any orders placed by signer, employees, or company representatives. By signing PAF, Customer also acknowledges the following: 1) Customer understands that an order can be placed through email, fax, text, phone or in person. Customer understands that once order is placed, it will be processed and shipped/delivered. 2) The acceptance of any shipped or delivered items to the business will serve as proof of order placement. 3) If any payment should come back as rejected or as NSF, Customer understands that there will be an NSF fee of $35 for each rejected payment. 4) Failure to pay any outstanding balance(s) will result in interest charges equal to 10% of the outstanding balance and will continue to accrue on a monthly basis, until payment is received in full. 5) Customer also understands that Customer will be responsible for all shipping charges incurred, unless otherwise stated by JaimePOS LLC. 6) Customer understands all orders are debited from the checking account provided to JaimePOS LLC. The order will be debited on the same date that the order is placed. 7) Customer understands that once order has been processed, it cannot be cancelled. 8) The PAF agreement will remain in effect until JaimePOS LLC receives written cancellation notice from legal signor (by email). 9) By signing PAF, Customer acknowledges that PAF has been read, understood, and terms and conditions stated on PAF have been agreed to. JaimePOS LLC may change the terms and conditions of the PAF (Payment Authorization Form) Agreement without prior notice and can be found on the website, JaimePOS.com/terms.

TAF (Terminal Agreement Form) Complete Terms & Conditions Agreement

By signing TAF, Customer authorizes and agrees to terms and conditions stated herein. Customer authorizes JaimePOS LLC to initiate funds from the account indicated on TAF, for the amount(s) and billing frequencies as indicated on the TAF. The TAF is an open authorization and Customer understands that this authorization is valid for recurring monthly payments due as indicated on TAF. Customer further acknowledges, understands, and accepts the following: 1) JaimePOS LLC is providing the placement of the equipment mentioned on TAF to be used exclusively with JaimePOS LLC authorized merchant processing services, and may not be used in connection with any other provider’s processing services. 2) All monthly payments for the ongoing warranty of the hardware provided in connection with the TAF shall not be considered or mistaken for payments or installments towards any purchase of the equipment listed on the TAF. 3) Should the equipment provided by JaimePOS LLC malfunction during the life of the TAF agreement — except in the event of damage due to liquid spills, drops, breakage, electrical surges, brownouts, theft, or customer negligence– JaimePOS LLC shall replace or repair any of the equipment provided in connection with the TAF agreement at no additional charge. 4) JaimePOS LLC reserves the right to charge the full retail value (stated on TAF) for any replacement or repair due to damage or negligence as outlined in the exceptions above. 5) During the life of the TAF agreement, all equipment provided is the property of JaimePOS LLC and shall not be deemed a fixture unless the TAF agreement is terminated by either party, or the equipment is paid for at full retail value by Customer. 6) If any payment should come back as rejected or as NSF, Customer understands that there will be an NSF fee of $35.00. Failure to pay any outstanding balance(s) will result in interest charges equal to 10% of the outstanding balance and will continue to accrue on a monthly basis, until payment is received in full. 7) This agreement will remain in effect until JaimePOS LLC receives back terminal(s) stated in TAF and a written cancellation notice from legal signor. If customer discontinues the use of JaimePOS LLC authorized merchant processing services for a period in excess of 15 days, JaimePOS LLC is authorized to cancel contract and charge the full retail value stated on TAF. All original software and programming must remain unaltered by customer or any other third party. Any alterations to the hardware, software, or programming of the equipment, will void the warranty and the full retail value of the equipment stated on TAF shall become due immediately and charged to the customer’s account. JaimePOS LLC will not accept the return of any equipment that has been altered by the customer or any third party. Furthermore, equipment returned with missing parts or accessories will be subject to a repair/refurbishment fee up to the full retail value stated on the TAF. Packaging and return shipping costs are customer’s responsibility. Failure to return any of the equipment, within 15 days of the termination of this agreement shall result in a non-refundable charge to customer’s account for the full retail value of the equipment stated on the TAF. 8) The TAF is a legally binding agreement between JaimePOS LLC and customer, and it is non-transferable. Terms and conditions are subject to change by JaimePOS LLC without prior notice and can be found on our website: https://www.jaimepos.com/terms.asp. 9) By signing TAF, Customer acknowledges that TAF agreement has been read, understood, and terms and conditions stated on TAF have been agreed to.

Customer further understand that should a replacement/swap be provided, Customer will have 10 business days from the date that Customer receives replacement terminal/s to return the replaced terminal/s to JaimePOS. If not returned within 10 business days, Customer understands customer will automatically be enrolled into additional Terminal Warranty Agreement/s for the same monthly warranty fee stated herein, per device.

POSA (Point-of-Sale Agreement) Complete Terms & Conditions Agreement

POSA Authorization & Terms Verbiage: This is a legally binding Point-of-Sale (POS) Agreement between JaimePOS LLC and customer, and it is non-transferable. POS Agreement is subject
to the terms and conditions of this POS Agreement. JaimePOS LLC will provide Customer the Point-of-Sale System(s) identified in this order, software, and support
services according to the terms and conditions of this POS Agreement. JaimePOS LLC may change the terms and conditions of the POS Agreement without prior notice
and can be found on the website, www.JaimePOS.com.
1. Delivery and Activation: JaimePOS LLC will use commercially reasonable efforts to provide and install the POS equipment on the installation date. At that
time, JaimePOS LLC will activate the POS software license key. If products are shipped to customer, JaimePOS LLC will ship the products to the destination
specified in this agreement. Customer is responsible for all shipping and handling charges, but not limited to freight insurance, inspection fees, assessments,
import duties, V.A.T., and similar taxes and all other costs incurred in transporting the products to the shipping destination. Such costs will be prepaid by
JaimePOS LLC and added to the Customer’s invoice. Title to, and all risk of loss or damage to, all products purchased from JaimePOS LLC will pass to Customer
upon delivery to the carrier. Customer will be responsible for any claims against the carrier arising from or relating to shipment.
2. Installation of Equipment: Once the Installation Date (if applicable) is set, the customer becomes bound to that date. If the site is not ready, customer, or key
staff are not available for structured training; or if Customer should change said date without at least 5 business days notification prior to said date, regardless
of reason; Customer agrees to pay JaimePOS LLC $500 for travel time, postponed installation fee and tear down labor. Customer must request JaimePOS LLC a

new install/training date within seventy-two (72) hours from date cancelled. JaimePOS LLC will do everything in its power to meet this date; However, prior-
scheduled commitments will have priority. If any POS equipment is unavailable or defective upon installation, JaimePOS LLC may postpone the installation Date

and order replacement equipment or, in its discretion, provide temporary equipment until the equipment originally ordered becomes available. Unless
otherwise specified in Customer’s Invoice. POS equipment installation will consist of “place and connect,” meaning JaimePOS LLC will place the equipment in
such locations as Customer directs and connect it to the internet via the on-site network. Additional site visits to accommodate changes of or to the location or
other installation requirement will be billed at the hourly onsite service rate posted on the website, www.JaimePOS.com, at that time. JaimePOS LLC will not
terminate network wiring by utilizing wall mounts nor provide wall wire moldings. Additional fees may apply for such service. Customer is responsible for
property setting all user-configurable elements of the system, including but not limited to, user authentication, pricing rules and tax application.

3. Equipment Location and Environment: Customer will provide a stable platform, free of dust, liquids, airborne oils, and construction activity for all POS
equipment. Installation date might be delayed if environment is deemed unsuitable.
4. Exclusivity: To maintain warranty, support, and service no one other than JaimePOS LLC shall perform maintenance, modifications, or alterations upon said
system(s), except when authorized by JaimePOS LLC. Customer agrees to enter into a Merchant Transaction Processing Agreement and exclusively process
credit/debit/gift card transactions with JaimePOS LLC designated provider during the term of this POS Agreement and any renewal term– this also applies to
merchants processing credit/debit/gift card transactions with a provider/Processor which is no longer partnered or part of JaimePOS LLC trusted ISO/Processor
list posted on the website, www.JaimePOS.com. Failure to do so shall result in JaimePOS LLC right to immediately terminate this agreement, and forfeiture of
the equipment and software without notice or opportunity to cure. Such termination of this POS Agreement shall not relieve Customer of its obligation to pay
the balance of fees due under this POS Agreement.
5. Network: JaimePOS LLC will not be responsible for POS performance over Customer’s network unless JaimePOS LLC installs the network. Network installation
is not included as a component of this POS Agreement and any necessary hardware and installation would be billable at JaimePOS LLC hourly service rates and
equipment costs posted on the website, www.JaimePOS.com, at that time.
6. Power Protection: JaimePOS LLC will not service Customer’s POS performance issues arising from faulty electrical power under any support services
Agreement unless Customer uses JaimePOS LLC Power Protection Units (UPS). Faulty power supply may void, or make voidable, the limited POS hardware
warranties provided by JaimePOS LLC or the equipment manufacturer’s warranty. JaimePOS LLC is not responsible for damage to Customer’s POS caused by
any electrical system faults, including spikes exceeding the ordinary expected load for commercial electrical users, brownouts, or other electrical service events
causing electrical failure or malfunction.
7. Internet Connection: Customer is required to supply a reliable always-on broadband Internet connection for integrated credit card processing and other POS
services that rely on the internet for communication with off-site service domains. Support services for issues related to the internet unavailability or
connection performance, including credit card processing and offsite data storage, are not covered during JaimePOS LLC initial support period or by its
standard support POS Agreement and will be billable at JaimePOS LLC hourly support service rates posted on the website, www.JaimePOS.com, at that time.
8. Term and Termination: The initial term of this POS Agreement is thirty-six (36) months. Early termination of this POS Agreement will not affect the balance of
any payments due under this POS Agreement. Customer understands and agrees that he/she is purchasing a thirty-six (36) month service Agreement (POS
Agreement) and that JaimePOS LLC is dividing the total cost of the POS Agreement into thirty-six (36) monthly payments for convenience only. Should
customer decide to terminate this POS Agreement prior to the expiration of any current POS Agreement term; whether terminated during the initial thirty-six
(36) month term, or during any automatic renewal term thereafter, the balance of any remaining monthly service payments for the current term in effect shall
become immediately due and billable. Customer understands that he/she may cancel this POS Agreement by submitting a Notice of Service Agreement
Cancellation request to JaimePOS LLC sixty (60) days prior to the end of any term. Cancellation request must be hand signed by legal signor and submitted no
earlier than 60-days prior to the end of the term. The Notice of Service Agreement Cancellation request form can be found on www.JaimePOS.com. Unless
cancelled, this POS Agreement will automatically renew for an additional twelve (12) month period and will continue to be billed according to the pricing on
this POS Agreement until either party elects to terminate the POS Agreement. JaimePOS LLC reserves the right to modify its monthly service pricing at any time
after the initial thirty-six (36) month term of this POS Agreement. Any changes to the monthly POS Agreement pricing after the initial (36) month term, will be
communicated to the Customer in writing by JaimePOS LLC thirty (30) days prior to taking effect. Upon termination of this POS Agreement, any
remainder/outstanding/past due balance becomes billable and due immediately. Packaging and return shipping costs are Customer’s responsibility. JaimePOS
LLC will not accept the return of any equipment that is received in non-working condition, damaged, and/or has been altered by the Customer or any third
party. Customer is fully liable for hardware until JaimePOS LLC can confirm that everything has been received and works properly. Furthermore, equipment
returned with missing parts or accessories will be subject to the full retail value.
9. Payment: Customer will pay any amounts due, indicated on page 1 under “Due Today” prior to the installation date. Each month, thereafter, JaimePOS LLC will
debit Customer’s bank account for the monthly service fee indicated on page 1 under “Total Mo. POS Fee.” A $35.00 late fee and will be assessed for any
month the POS Fee is not received by JaimePOS LLC. A $35 NSF fee will also apply for every rejected payment, for whatever reason; non-sufficient funds,
stopped payment, closed account, frozen account, etc. Customer’s past due amount along with the late fee and NSF fee will be due within ten (10) business
days following the rejected due date for that month. Customer will also reimburse JaimePOS LLC for any insufficient funds or other fee charged by Customer’s
bank when refusing a debit or credit transfer request. Customer agrees that JaimePOS LLC is not obligated to provide support if Customer’s account is past
due/delinquent. If Customer reaches two consecutive months of rejected POS fees, late fees, and NSF fees, Customer understands it will result in early
termination of this POS Agreement but will not affect the balance of any remaining monthly POS payments for the current term in effect. The remaining
month’s POS payments as well as any incurring past due amount and past due fees shall become immediately due and billable. Subject to Section 8, 13, 14, 15,
16, 17, and 19.
10. Use of POS Hardware and Software: Customer will use the POS hardware and software only as intended in the ordinary operation of the business at the
location set forth above, will maintain broadband internet services, at Customer’s expense, throughout the term of this POS agreement. The use of any
hardware and software provided by JaimePOS LLC under this agreement is limited solely to use in conjunction with the provided POS equipment and
contingent upon Customer’s Agreement to the POS software End User License.

11. Support: Customer will receive the same support services JaimePOS LLC provides to customers purchasing its support plan at no additional monthly charge. A
copy of the support plan is available at www.JaimePOS.com; However, there is always a $75 trip charge for on-site support, and can be found on the website,
www.JaimePOS.com. Customer grants JaimePOS LLC permission to ACH the trip charge to the debit account provided. This includes charging Customer for
labor incurred when, in JaimePOS LLC sole judgement, a repair is requested but the problem is not caused by a malfunction or failure of the POS Hardware as
well as grants permission to enter the business to provide any support services.
(A) Hardware Replacement: JaimePOS LLC will assist customer with replacing any hardware component of the POS which fails in normal use to operate due
to a defect in materials or workmanship at no fault of customer at no charge during the initial manufacturer warranty period (however a trip charge will
apply). For all other loss or malfunction, JaimePOS LLC will repair or replace the defective part or equipment upon Customer’s payment of the then
current applicable hardware replacement fee. Customer acknowledges and agrees that whether the equipment was damaged due to Customer’s
negligence will be determined by JaimePOS LLC. JaimePOS LLC may replace a defective component of the POS using new parts or parts manufactured
from new parts that are functionally equivalent to new. Charges may apply for additional services provided at the time of repair replacement. JaimePOS
LLC will make all reasonable accommodations to replace in a timely manner.
(B) Software: JaimePOS LLC will provide updates and bug fixes to the POS Software at no additional charge.
12. Support Limitations: Support services provided under this POS Agreement does not include:
(A) Excluded Repairs and Materials: Except as provided in Section 11 above. Customer assumes and will bear all risk of failure loss or damage to the POS
equipment from any and every other cause whatsoever including, and JaimePOS LLC is under no obligation to replace failure caused by the failure or
interruption of any third-party service provider, software or hardware, including all credit card processing, music, internet, communications or other
related device. No loss or damage to the POS equipment or any part of the equipment will reduce or terminate any obligation of customer under this POS
Agreement which will continue in full force and effect through the term. Reference Sections 3-6.
(B) Data Loss: This agreement does not cover any defects or damages to any software or data residing in the POS equipment under any circumstances and
regardless of whether replaced or repaired by JaimePOS LLC. When providing repair or replacement service, JaimePOS LLC will use reasonable efforts to
reinstall the equipment’s prior to POS software configuration but will not provide any recovery or transfer of software or data not originally included with
and as part of the POS equipment. Customer agrees that JaimePOS LLC may install newer versions, updates, or fixes of the POS equipment software than
were installed on Customer’s POS equipment prior to any repair or replacement.
(C) Consumables and Other Materials: This plan does not cover, and JaimePOS LLC is not responsible for replacement or repair of materials such as printer
paper, ink ribbons, batteries or other consumables, any other hardware not part of this POS Agreement, PIN Pads, and any software not provided by
JaimePOS LLC.
(D) Other Equipment: Replacement and repair under this Plan does not cover installation, removal, repair, maintenance, or reinstallation of equipment that
is not part of the POS Agreement including any accessories, attachments, or other devices working in conjunction with or near the POS such as internet
modems, routers or wireless radio units, music service equipment or electrical service external to the POS.
(E) Internet: This POS Agreement does not provide or include the cost of broadband internet service. Reference Section 7.
(F) Support Availability: JaimePOS LLC does not represent warrant or guarantee in any way that service personnel will be available at all, or on-site, or that
they may respond to a service request other than on an as-available basis.
(G) Changes to Support Services: JaimePOS LLC may change the terms and conditions of the support plan without prior notice and current support plan can
always be found on the website, www.JaimePOS.com. JaimePOS LLC reserves the right to change its services and to determine the service to provide,
including but not limited to whether it provides on-site service.
(H) Preventive Maintenance: This POS Agreement does not provide preventive maintenance.
13. Limitation of Liability: TO THE EXTENT PERMITTED BY LAW. JAIMEPOS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED UNDER
THIS POS AGREEMENT. SUCH SERVICES ARE PROVIDED AS IS. JAIMEPOS LLC SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO (I)
REPLACE THE EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (II) MAINTAIN THE CONFIDENTIALITY OF ANY CUSTOMER DATA.
JAIMEPOS LLC LIABILITY UNDER THIS AGREEMENT UNDER ANY THEORY OF LAW WHATSOEVER IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO
JAIMEPOS LLC IN THE PAST 12 MONTHS. IN NO EVENT SHALL JAIMEPOS LLC HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OF THE EQUIPMENT OR
FACILITIES, INTERRUPTION OF BUSINESS OR THE DISCLOSURE OR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA OR ARISING IN ANY WAY FROM
THE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETER OR NOT JAIMEPOS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
14. Surrender: The POS hardware and software are and will at all times be and remain, the sole and exclusive property of JaimePOS LLC and/or the Software
developer. Customer will have no right, title or interest in the provided Hardware and Software except for use in the operation and ordinary course of business
as set forth in this POS Agreement. Upon expiration of the term or earlier termination of this agreement, Customer will discontinue all use of the POS
Hardware and Software and will immediately return/ship back all hardware subject to this POS Agreement to JaimePOS LLC. For further clarification and
understanding, this POS Agreement does not constitute a purchase of any of the included Hardware and Software provided under this POS Agreement and
understands that in doing so Customer will be in violation of the POS Agreement. Should the hardware not be returned to JaimePOS LLC immediately and/or
no tracking number is provided to JaimePOS LLC, the full retail value per POS System will become billable and due immediately.
15. Encumbrances: Customer will not grant any security interest in the POS to a third party, will specifically exclude it from any equipment, fixture, floor or blanket
secured financing and will otherwise keep it free and clear of all levies, liens, and encumbrances including any that may arise from Customer’s failure to pay
any assessments, taxes, or similar governmental charges. Any such access, without the approval of JaimePOS LLC will result in JaimePOS LLC right to
immediately terminate this POS Agreement and inactivate all Software and Licenses without notice or opportunity to cure. Such termination of this POS
Agreement shall not relieve Customer of its obligation to pay the balance or fees due under this POS Agreement.

16. Default: Any Customer default, including any failure to pay the monthly POS Fee when due or declaration of bankruptcy, will not relieve Customer from its
obligation to pay all monthly POS Fees as they come due or any other obligation under this POS Agreement. If Customer fails to pay any monthly POS Fees or
other amount due within ten (10) business days following the rejected due date for that month, JaimePOS LLC may:
(A) Apply late payment fees and/or rejected payment fees
(B) Eliminate All support Services
(C) Interrupt service; Deactivate Software License(s)
(D) Terminate the POS Agreement;
(E) Shut down operation of the POS remotely
(F) Take legal action
JaimePOS LLC may exercise these rights without demand or notice, wherever located, and without court order or other process of law. Customer grants
JaimePOS LLC any license, permission, or other grantor right necessary to enter and be upon the premises where the POS is located, in order to affect its
possession under this section. Customer waives any and all damages occasioned by such taking of possession. These remedies are cumulative and may be
exercised concurrently or separately.
17. Credit Disclosures and Additional Documents: Agreement to this POS Agreement is conditioned upon Customer’s creditworthiness in JaimePOS LLC sole
discretion. Customer also agrees to provide additional representations and authorizations, including those necessary to JaimePOS LLC and vendors for
financing as needed.
18. Applicable Law: The POS Agreement will be deemed to be a service contract made under the laws of the State of Nevada and will be construed in accordance
with the laws of Nevada without regard to principles of conflicts of law. The exclusive forum and venue for the adjudication of any rights, claims or disputes
arising out of or in connection with this POS Agreement shall be in the federal or state courts of Las Vegas, Nevada.
19. Force Majeure: Neither party will be liable to the other for any failure or delay in its performance of this POS Agreement in accordance with its terms if such
failure or delay arises out of causes beyond the control and without the fault or negligence of such party.
20. Survival: All Agreements that by their context are intended to survive the termination of this POS Agreement, including but not limited to the fee provisions of
the POS Agreement, representations and warranties and confidentiality provisions of POS Agreement, the post termination rights of POS Agreement, the
liability and indemnification provisions of Payment Authorization Form and POS Agreement. The attorney’s fee provision of Section 8, 9, 13, 14, 15, 16, 17, 19,
20, 21, and 22, will survive termination of this POS Agreement.
21. Attorney’s Fees and Associated Costs: If any court of competent jurisdiction or arbitration panel holds, finds, decides, or enters a judgement against a party in
breach of this POS Agreement, then the prevailing party shall be entitled to recover expenses incurred in attempting to enforce, or enforcing, the provisions of
this POS Agreement or collecting damages for breach, including but not limited to reasonable attorney’s fees and court costs.
22. Dispute Resolution: Any dispute or claim arising out of, or in connection with this POS Agreement will be settled by final and binding arbitration to be held in
Las Vegas, Nevada in accordance with the commercial rules of the American Arbitration Association (“AAA”). Judgement upon award rendered by the
arbitrators may be entered in any court having jurisdiction over the award, the party against whom enforcement is sought, or that party’s assets. The
procedure and law applicable during the arbitration will be both the AAA rules and the internal substantive laws of Las Vegas, Nevada (excluding any rules
regarding conflicts of law). In such arbitration, the award of decision will be rendered by at least a majority of the members of an arbitration panel consisting of
3 members, one of whom will be appointed by each of the parties hereto. All arbitrators will be persons who are not employees, agents or former employees
or agents of any party. In the event that any party fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator will
be appointed by the AAA.
23. Miscellaneous: JaimePOS LLC will not be liable for breach or default under this POS Agreement due to delays in performance resulting from any cause beyond
its reasonable control including, but not limited to, natural or man-made disasters, pandemics, significant weather events, or transportation delays. Customer
may not assign or transfer this POS Agreement without JaimePOS LLC prior written consent. Customer may not cancel this POS Agreement without JaimePOS
LLC prior consent – cancellation request Must be hand signed by legal signor and submitted no earlier than 60-days prior to the end of the term. The
cancellation form can be found on www.JaimePOS.com. This agreement will be governed by the laws of the state of Nevada, USA without regard to its choice
of law rules. The parties’ consent to the jurisdiction of the state and federal courts located in Clark County, Nevada, USA. The provisions of the U.N.
Convention for the international Sale of Goods will not apply. Any provisions found to be unenforceable will not affect the enforceability of any other
provisions of this POS Agreement. This POS Agreement, including all incorporated terms, constitutes the entire POS Agreement between the parties with
regards to its subject matter. Any changes to the monthly POS fee agreement pricing after the initial (36) month term, will be communicated to the Customer
in writing by JaimePOS LLC thirty (30) days prior to taking effect. No price modification of this POS Agreement will be binding unless in writing and assigned by
JaimePOS LLC to the parties with a 30-day notification. All pricing change notices under this POS Agreement will be sufficient if given personally or by certified
mail, return receipt requested, postage prepaid, to the address for the party set forth above, or to such address as such party may provide in writing from time
to time.

By signing below Customer certifies that:
1. Customer has read and understands all of the terms and conditions of this POS Agreement and agrees to be bound by all of the
terms herein.
2. Customer is authorized to make purchases on behalf of this organization.
3. Customer agrees to all of the payment amounts contained within this POS Agreement.
4. Customer understands that checking account provided will be billed automatically for all payments due and agrees to the
terms and conditions accompanying the Payment Authorization Form.
5. Customer understands monthly billing occurs every 10th of the month and is billed a month behind. (Example: Billing for the
month of January occurs February 10th)
6. Customer has been provided a full demonstration of the hardware and software included and was given every opportunity to
evaluate the product and its feature set prior to signing this POS Agreement.
7. Customer understands that this POS Agreement becomes binding and enforceable once initial payment clears JaimePOS LLC
account; whether paid partially or in full.
8. Should Customer cancel POS Agreement, Customer agrees and acknowledges current billing cycle will become due immediately
on date JaimePOS receives back POS Stations.
9. Customer understands that any termination of this POS Agreement, or return of the provided systems, will not affect any
balance due under this POS Agreement as outlined in Section 8 of this Agreement.
10. Customer understands that JaimePOS LLC will provide structured training to all of the key staff members listed above.
Structured training and hands-on onsite operational support will be limited to four (4) hours after the Hardware and Software
is installed and functioning. Any Additional on-site training will be billed by JaimePOS LLC at the hourly on-site service rate
posted on the website, www.JaimePOS.com, at that time.
11. Subject to Section 2 of this POS Agreement, Customer agrees that he/she, as well as all key staff members will be present on
the day of the installation for structured training. Customer also guarantees that at least one or more of the key staff members
who are trained will be scheduled to work throughout all the shifts on installation day, as well as the following day.

SaaS (Software as a Service Agreement) Complete Terms & Conditions Agreement

SaaS Authorization & Terms Verbiage: This is a legally binding agreement between JaimePOS LLC., and customer, and it is non-transferable. SaaS (Software as a Service) Agreement is
subject to the terms and conditions of this SaaS Agreement. JaimePOS LLC., will provide Customer the Point-of-Sale Software (POS Software) identified in this order
including all software licenses and support services according to the terms and conditions of this SaaS agreement.
1. Activation: JaimePOS LLC will use commercially reasonable efforts to provide and install the POS Software on the installation date. At that time, JaimePOS LLC,
will activate the POS software license key.
2. Installation of Software: Once the Installation Date (if applicable) is set, the customer becomes bound to that date. If the site is not ready, POS hardware is
not available or defective, customer, or key staff not available for structured training; or if Customer should change said date without at least 5 business days
notification prior to said date, regardless of reason; Customer agrees to pay JaimePOS LLC, $500 for travel time/postponed installation fee. Customer must
request JaimePOS LLC a new Software install/training date within seventy-two (72) hours from date cancelled. JaimePOS LLC will do everything in its power to
meet this date; However, prior-scheduled commitments will have priority. If any POS equipment is unavailable or defective upon installation, JaimePOS LLC.,
may postpone the installation Date and a $500 for travel time/postponed installation fee will become due immediately. Point-of-Sale equipment will already
have to be installed and connected to the internet via the on-site network prior to Software installation date scheduled. JaimePOS LLC., will install the
software on Point-of-Sale equipment directed by Customer. Software license cannot be moved/transferred to another Point-of-Sale device or equipment
without consent and approval of JaimePOS LLC. Additional site visits to accommodate changes of or to the location or other installation requirement will be
billed at the onsite service hourly rate posted on our website, www.JaimePOS.com, at that time. JaimePOS LLC., will not terminate network wiring by utilizing
wall mounts nor provide wall wire moldings. Additional fees may apply for such service. Customer is responsible for properly setting all user-configurable
elements of the system, including but not limited to, user authentication, pricing rules and tax application.
3. Equipment Software License Location: Customer agrees and acknowledges Point-of-Sale Equipment is not part of this SaaS Agreement. JaimePOS LLC does
not warrant hardware provided and purchased by Customer. Customer agrees Software license cannot be moved/transferred to another Point-of-Sale device
or equipment without consent and approval of JaimePOS LLC.

4. Exclusivity: To maintain support, service, warranty, and an active account, no one other than JaimePOS LLC shall perform maintenance, modifications, or
alterations upon installed software licenses, except when authorized by JaimePOS LLC. Customer agrees to enter into a Merchant Transaction Processing
Agreement and exclusively process credit/debit/gift card transactions with JaimePOS LLC’s designated provider during the term of this SaaS Agreement and
any renewal term– this also applies to merchants processing credit/debit/gift card transactions with a provider/Processor which is no longer partnered or part
of JaimePOS LLC’s trusted ISO/Processor list posted on the website, www.JaimePOS.com. Failure to do so shall result in JaimePOS LLC right to immediately
terminate this agreement and inactivate all software and licenses without notice or opportunity to cure. Such termination of this SaaS Agreement shall not
relieve Customer of its obligation to pay the balance of fees due under this SaaS Agreement.
5. Network: JaimePOS LLC will not be responsible for POS performance over Customer’s network unless JaimePOS LLC installs the network. Network installation
is not included as a component of this SaaS Agreement and any necessary hardware and installation would be billable at JaimePOS LLC hourly rates and
equipment costs posted on the website, www.JaimePOS.com, at that time.
6. POS Hardware Equipment: JaimePOS LLC is not responsible for Customer’s POS hardware equipment. JaimePOS LLC will not service Customer’s POS
performance issues that arise for any reason, under any support services Agreement. JaimePOS LLC is not responsible for any damage to Customer’s POS
hardware. Customer agrees POS hardware equipment is solely Customer’s responsibility. JaimePOS LLC., will not repair, maintain, replace, or have anything to
do with the POS hardware equipment. Technical support for POS hardware is not included as a component of this SaaS Agreement and any necessary
technical support provided for POS hardware equipment would be billable at JaimePOS LLC hourly support service rates posted on the website,
www.JaimePOS.com, at that time.
7. Internet Connection: Customer is required to supply a reliable always-on broadband Internet connection for integrated credit card processing and other POS
services that rely on the internet for communication with off-site service domains. Support services for issues related to the internet unavailability or
connection performance, including credit card processing and offsite data storage, are not covered during JaimePOS LLC initial support period or by its
standard support SaaS Agreement and will be billed at JaimePOS LLC hourly support service rates posted on the website, www.JaimePOS.com, at that time.
8. Term and Termination: The initial term of this SaaS Agreement is thirty-six (36) months. Early termination of this SaaS Agreement will not affect the balance of
any payments due under this SaaS Agreement. Customer understands and agrees that he/she is purchasing a thirty-six (36) month service Agreement and that
JaimePOS LLC is dividing the total cost of the SaaS Agreement into thirty-six (36) monthly payments for convenience only. Should customer decide to
terminate this SaaS Agreement prior to the expiration of any current SaaS Agreement term; whether terminated during the initial thirty-six (36) month term,
or during any automatic renewal term thereafter, the balance of any remaining monthly service payments for the current term in effect shall become
immediately due and billable. Customer understands that he/she may cancel this SaaS Agreement by submitting a Notice of Service Agreement Cancellation
request to JaimePOS LLC sixty (60) days prior to the end of any term. Cancellation request must be hand signed by legal signor and submitted no earlier than
60-days prior to the end of the term. The Notice of Service Agreement Cancellation request form can be found on www.JaimePOS.com. Unless cancelled, this
SaaS Agreement will automatically renew for an additional twelve (12) month period and will continue to be billed according to the pricing on this SaaS
Agreement until either party elects to terminate the SaaS Agreement. JaimePOS LLC reserves the right to modify its monthly service pricing at any time after
the initial thirty-six (36) month term of this SaaS Agreement. Any changes to the monthly SaaS Agreement pricing after the initial (36) month term, will be
communicated to the Customer in writing by JaimePOS LLC., thirty (30) days prior to taking effect. Upon termination of this SaaS Agreement, any
remainder/outstanding/past due balance becomes billable and due immediately.
9. Payment: Customer will pay any amounts due, indicated on page 1 under “Due Today” prior to the installation date. Each month, thereafter, JaimePOS LLC
will debit Customer’s bank account for the monthly service fee indicated on page 1 under “Total Mo. SaaS Fee.” A $35.00 late fee will be assessed for any
month the SaaS Fee is not received by JaimePOS LLC A $35 NSF fee will also apply for every rejected payment, for whatever reason; non-sufficient funds,
stopped payment, closed account, frozen account, etc. Customer’s past due amount along with the late fee and NSF fee will be due within ten (10) business
days following the rejected due date for that month. Customer will also reimburse JaimePOS LLC for any insufficient funds or other fee charged by Customer’s
bank when refusing a debit or credit transfer request. Customer agrees that JaimePOS LLC is not obligated to provide support if Customer’s account is past
due/delinquent. If Customer reaches two consecutive months of rejected SaaS fees, late fees, and NSF Fees, Customer understands the Software License will
be deactivated immediately and will not be activated until account is up to date with payments. Customer further understands a 30-day deactivated account
will result in early termination of this Agreement but will not affect the balance of any remaining monthly SaaS payments for the current term in effect. The
remaining month’s SaaS payments as well as any incurring past due amount shall become immediately due and billable. Subject to Section 8, 13, 14, 15, 16,
17, and 19.
10. Use of Software: Customer will use the POS Software only as intended in the ordinary operation of the business at the location set forth above, will maintain
broadband internet services, at Customer’s expense, throughout the term of this SaaS Agreement. The use of any software provided by JaimePOS LLC under
this agreement is limited solely to use in conjunction with the POS equipment provided by Customer at time of install and contingent upon Customer’s
Agreement to the POS software End User License.

11. Support: Customer will receive the same support services JaimePOS LLC provides to customers purchasing its support plan at no additional monthly charge. A
copy of the support plan is available at www.JaimePOS.com; However, there is always a $75 trip charge for on-site support, and can be found on the website,
www.JaimePOS.com. Customer grants JaimePOS LLC permission to ACH the trip charge to the debit account provided; This includes charging Customer for
labor incurred when, in JaimePOS LLC sole judgement, a repair is requested but the problem is not caused by a malfunction or failure of the POS software — as
well as grants permission to enter the business to provide any support services.
(A) Software: JaimePOS, LLC will provide all new versions, updates, and bug fixes to the POS software at no additional charge.
(B) Hardware Replacement: JaimePOS LLC is not liable for hardware replacement but may assist customer with replacing any hardware component of the
POS which fails in normal use to operate and will be billable at JaimePOS LLC equipment pricing and hourly support service rates posted on the website,
www.JaimePOS.com, at that time. Customer acknowledges and agrees a trip charge of $75 will apply. Charges may apply for additional services provided
at the time of repair/replacement.

12. Support Limitations: Support services provided under this SaaS Agreement does not include:
(A) Excluded Repairs and Materials: Except as provided in Section 11 and 11-A above. Customer assumes and will bear all risk of failure loss or damage to
the POS equipment from any and every other cause whatsoever, and JaimePOS LLC is under no obligation to replace failure caused by the failure or
interruption of any third-party service provider, software or hardware, including all credit card processing, music, internet, communications or other
related device. No loss or damage to the POS Software or any part of the equipment will reduce or terminate any obligation of customer under this SaaS
Agreement which will continue in full force and effect through the term. Reference Sections 3-6.
(B) Data Loss: This agreement does not cover any defects or damages to any software or data residing in the POS equipment under any circumstances and
regardless of whether replaced or repaired by JaimePOS LLC. When providing repair or replacement service, JaimePOS LLC will use reasonable efforts to
reinstall the equipment’s prior POS software configuration but will not provide any recovery or transfer of software or data not originally included with
and as part of the POS equipment. Customer agrees that JaimePOS LLC may install newer versions, updates, or fixes of the POS equipment software than
were installed on Customer’s POS equipment prior to any replacement.
(C) Consumables and Other Materials: This plan does not cover, and JaimePOS LLC is not responsible for replacement or repair of materials such as printer
paper, ink ribbons, batteries or other consumables, any hardware, or any software not provided by JaimePOS LLC.
(D) Other Equipment: This Plan does not cover equipment or other devices working in conjunction with or near the POS such as internet modems routers or
wireless radio units, music service equipment or electrical service external to the POS Software.
(E) Internet: This agreement does not provide or include the cost of broadband internet service. Reference Section 7.
(F) Support Availability: JaimePOS LLC does not represent warrant or guarantee in any way that service personnel will be available at all, or on-site, or that
they may respond to a service request other than on an as-available basis.
(G) Changes to Support Services: JaimePOS LLC may change the terms and conditions of the support plan without prior notice and current support plan can
always be found on the website, www.JaimePOS.com. JaimePOS LLC reserves the right to change its services and to determine the service to provide,
including but not limited to whether it provides on-site service.
(H) Preventive Maintenance: This SaaS Agreement does not provide preventive maintenance.
13. Limitation of Liability: TO THE EXTENT PERMITTED BY LAW. JAIMEPOS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED UNDER
THIS SAAS AGREEMENT. SUCH SERVICES ARE PROVIDED AS IS. JAIMEPOS LLC SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO (I)
REPLACE THE EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (II) MAINTAIN THE CONFIDENTIALITY OF ANY CUSTOMER DATA.
JAIMEPOS LLC LIABILITY UNDER THIS AGREEMENT UNDER ANY THEORY OF LAW WHATSOEVER IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO JAIMEPOS
LLC IN THE PAST 12 MONTHS. IN NO EVENT SHALL JAIMEPOS LLC HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OF THE EQUIPMENT OR FACILITIES,
INTERRUPTION OF BUSINESS OR THE DISCLOSURE OR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA OR ARISING IN ANY WAY FROM THE
AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETER OR NOT JAIMEPOS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
14. Surrender: The POS software is, and will at all times be and remain, the sole and exclusive property of JaimePOS LLC and/or the software developer. Customer
will have no right, title or interest in the provided software except for use in the operation and ordinary course of business as set forth in this SaaS Agreement.
Upon expiration of the term or earlier termination of this SaaS Agreement, Customer will discontinue all use of the POS Software and will allow JaimePOS LLC
access to the POS System in order to remove Software subject to this SaaS Agreement. For further clarification and understanding, this SaaS Agreement does
not constitute a purchase of any of the included software provided under this SaaS Agreement and understands that in doing so he/she will be in violation of
the law.
15. Encumbrances: Customer will not grant any security interest in the POS to a third party, will specifically exclude it from any equipment, fixture, floor or blanket
secured financing and will otherwise keep it free and clear of all levies, liens, and encumbrances including any that may arise from Customer’s failure to pay
any assessments, taxes, or similar governmental charges. Any such access, without the approval of JaimePOS LLC will result in JaimePOS LLC right to
immediately terminate this SaaS Agreement and inactivate all Software and Licenses without notice or opportunity to cure. Such termination of this SaaS
Agreement shall not relieve Customer of its obligation to pay the balance or fees due under this SaaS Agreement.

16. Default: Any Customer default, including any failure to pay the monthly SaaS Fee when due or declaration of bankruptcy, will not relieve Customer from its
obligation to pay all monthly SaaS Fees as they come due or any other obligation under this SaaS Agreement. If Customer fails to pay any monthly SaaS Fees or
other amount due within ten (10) business days following the rejected due date for that month, JaimePOS LLC may:
(A) Apply other late payment fees and/or rejected payment fees
(B) Eliminate All support Services
(C) Interrupt service; Deactivate Software License(s)
(D) Terminate the SaaS Agreement;
(E) Cancel/remove Software License(s) immediately;
(F) Take legal action
JaimePOS LLC may exercise these rights without demand or notice, wherever located, and without court order or other process of law. Customer grants
JaimePOS LLC any license, permission, or other grantor right necessary to enter and be upon the premises where the software is located, in order to affect its
possession under this section. Customer waives any and all damages occasioned by such removal of software. These remedies are cumulative and may be
exercised concurrently or separately.
17. Credit Disclosures and Additional Documents: Agreement to this SaaS Agreement is conditioned upon Customer’s creditworthiness in JaimePOS LLC sole
discretion. Customer also agrees to provide additional representations and authorizations, including those necessary to JaimePOS LLC and vendors for
financing as needed.
18. Applicable Law: The SaaS Agreement will be deemed to be a service contract made under the laws of the State of Nevada and will be construed in accordance
with the laws of Nevada without regard to principles of conflicts of law. The exclusive forum and venue for the adjudication of any rights, claims or disputes
arising out of or in connection with this SaaS Agreement shall be in the federal or state courts of Las Vegas, Nevada.
19. Force Majeure: Neither party will be liable to the other for any failure or delay in its performance of this SaaS Agreement in accordance with its terms if such
failure or delay arises out of causes beyond the control and without the fault or negligence of such party.
20. Survival: All Agreements that by their context are intended to survive the termination of this SaaS Agreement, including but not limited to the fee provisions of
the SaaS Agreement, representations and warranties and confidentiality provisions of SaaS Agreement, the post termination rights of SaaS Agreement, the
liability and indemnification provisions of Payment Authorization Form and SaaS Agreement. The attorney’s fee provision of Section 8, 9, 13, 14, 15, 16, 17, 19,
20, 21, and 22, will survive termination of this POS Agreement.
21. Attorney’s Fees and Associated Costs: If any court of competent jurisdiction or arbitration panel holds, finds, decides, or enters a judgement against a party in
breach of this SaaS Agreement, then the prevailing party shall be entitled to recover expenses incurred in attempting to enforce, or enforcing, the provisions of
this SaaS Agreement or collecting damages for breach, including but not limited to reasonable attorney’s fees and court costs.
22. Dispute Resolution: Any dispute or claim arising out of, or in connection with this SaaS Agreement will be settled by final and binding arbitration to be held in
Las Vegas, Nevada in accordance with the commercial rules of the American Arbitration Association (“AAA”). Judgement upon award rendered by the
arbitrators may be entered in any court having jurisdiction over the award, the party against whom enforcement is sought, or that party’s assets. The
procedure and law applicable during the arbitration will be both the AAA rules and the internal substantive laws of Las Vegas, Nevada (excluding any rules
regarding conflicts of law). In such arbitration, the award of decision will be rendered by at least a majority of the members of an arbitration panel consisting of
3 members, one of whom will be appointed by each of the parties hereto. All arbitrators will be persons who are not employees, agents or former employees
or agents of any party. In the event that any party fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator will
be appointed by the AAA.
23. Miscellaneous: JaimePOS LLC., will not be liable for breach or default under this SaaS Agreement due to delays in performance resulting from any cause
beyond its reasonable control including, but not limited to, natural or man-made disasters, significant weather events, or transportation delays. Customer may
not assign or transfer this SaaS Agreement without JaimePOS LLC’s., prior written consent. Customer may not cancel this SaaS Agreement without JaimePOS
LLC’s prior consent – cancellation request Must be hand signed by legal signor and submitted no earlier than 60-days prior to the end of the term. The
cancellation form can be found on www.JaimePOS.com. This agreement will be governed by the laws of the state of Nevada, USA without regard to its choice
of law rules. The parties consent to the jurisdiction of the state and federal courts located in Clark County, Nevada, USA. The provisions of the U.N. Convention
for the international Sale of Goods will not apply. Any provisions found to be unenforceable will not affect the enforceability of any other provisions of this
SaaS Agreement. This SaaS Agreement, including all incorporated terms, constitutes the entire SaaS Agreement between the parties with regards to its subject
matter. Any changes to the monthly SaaS fee agreement pricing after the initial (36) month term, will be communicated to the Customer in writing by
JaimePOS LLC thirty (30) days prior to taking effect. No price modification of this SaaS Agreement will be binding unless in writing and assigned by JaimePOS
LLC to the parties with a 30-day notification. All pricing change notices under this SaaS Agreement will be sufficient if given personally or by certified mail,
return receipt requested, postage prepaid, to the address for the party set forth above, or to such address as such party may provide in writing from time to
time.

By signing below Customer certifies that:
1. Customer has read and understands all of the terms and conditions of this Agreement and agrees to be bound by all of the
terms herein.
2. Customer is authorized to make purchases on behalf of this organization.
3. Customer agrees to all of the payment amounts contained within this SaaS Agreement.
4. Customer understands that checking account provided will be billed automatically for all payments due and agrees to the
terms and conditions accompanying the Payment Authorization Form.
5. Customer understands monthly billing occurs every 10th of the month and is billed a month behind. (Example: Billing for the
month of January occurs February 10th)
6. Customer has been provided a full demonstration of the software included and was given every opportunity to evaluate the
product and its feature set prior to signing this SaaS Agreement.
7. Customer understands that this SaaS Agreement becomes binding and enforceable once initial payment clears JaimePOS LLC.’s
account; whether paid partially or in full.
8. Should Customer cancel SaaS Agreement, Customer agrees and acknowledges current billing cycle will become due
immediately.
9. Customer understands that any termination of this SaaS Agreement, will not affect any balance due under this SaaS Agreement
as outlined in Section 8 of this Agreement.
10. Customer understands that JaimePOS LLC will provide structured training to all of the key staff members listed above.
Structured training and hands-on onsite operational support will be limited to four (4) hours after the Software is installed and
functioning. Any Additional on-site training will be billed by JaimePOS LLC at the hourly on-site service rate posted on the
website, www.JaimePOS.com, at that time.
11. Subject to Section 2 of this Agreement, Customer agrees that he/she, as well as all key staff members will be present on the
day of the installation for structured training. Customer also guarantees that at least one or more of the key staff members
who are trained will be scheduled to work throughout all the shifts on installation day, as well as the following day.

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