1. Acceptance.
By accepting this
quotation, the Client agrees to these terms and conditions and explicitly
waives its own standard terms and conditions, even if these were drawn up after
these terms and conditions. In order to be valid, any derogation must be
expressly agreed in advance and in writing.
2. Validity, pricing and
scope.
This quotation is an estimate, not an invoice, and is valid
until the Expiry Date stated above. All prices are in USD and apply only to the
scope outlined in this quotation. Any request outside the original scope will
be quoted separately.
3. Deposit.
A 50% deposit is
required to secure the implementation of the software, services and hardware, unless another amount is indicated on the invoice or the order.
4. Payment terms.
Invoices are payable
within 15 working days, unless another payment timeframe is indicated on the
invoice or the order. In the event of non-payment by the due date, POSFLOW
SOLUTIONS reserves the right to request a fixed interest payment amounting to
10% of the sum remaining due, and is authorized to suspend any provision of
services, including SLA support, without prior warning.
5. Debt recovery.
If a payment is still
outstanding more than sixty (60) days after its due date, POSFLOW SOLUTIONS
reserves the right to call on the services of a debt recovery company. All
resulting legal expenses will be payable by the Client.
6.
Withholding tax and transfer fees.
Where the Client's country applies withholding at source on invoices under its internal legislation, any such withholding shall be paid by the Client to the tax authorities. Likewise, all bank charges and transfer fees, including SWIFT, intermediary, correspondent bank, currency conversion and payment platform fees, shall be borne entirely by the Client. Under no circumstances shall POSFLOW SOLUTIONS bear costs arising from a country's legislation or from the Client's chosen payment method. The invoiced amount is therefore due to POSFLOW SOLUTIONS in its entirety, without deduction of any such taxes, fees or charges.
7. Travel and
accommodation.
Transport costs (including fuel, tolls, taxis, public
transport and flights), accommodation and similar travel-related expenses are
not included in the quoted prices or in any SLA, maintenance or service fee.
These expenses are billable to the Client at cost amount for the full duration of any
installation, setup, training, on-site visit, support intervention or similar
service.
8. Exclusions. The following are not included:
a) Network infrastructure (hardware, cabling, configuration and connectivity) is not included in our pricing.
b) Maintenance and service fees do not include spare parts or the servicing of the Client's equipment.
c) Support and maintenance apply exclusively to the software installed by POSFLOW SOLUTIONS, and not to any other software the Client has installed on its devices.
9. Software licenses and
terms of use.
Where any software is installed on the Client's
devices, whether by the Client or by POSFLOW SOLUTIONS, the Client is deemed to
have read and accepted that software's license agreement and terms of use.
POSFLOW SOLUTIONS performs such installations solely on the Client's behalf and
is not a party to those licenses or terms of use.
10. Performance.
POSFLOW SOLUTIONS
undertakes to use its best efforts to supply quality services in due time and
in accordance with the agreed timeframes. However, none of its obligations
shall be considered an obligation to achieve results. POSFLOW SOLUTIONS cannot,
under any circumstances, be required by the Client to appear as a third party
in the context of any claim for damages filed against the Client by an end
consumer.
11. Claims.
In order to be admissible, any claim must be notified to POSFLOW SOLUTIONS in writing within eight (8) days of the delivery of the goods or the provision of the services, either by email to info@posflowkh.com, or to the Client's assigned sales representative, implementation officer or any other POSFLOW SOLUTIONS staff member involved in the Client's setup.
12. Governing law. All contractual relations are governed exclusively by the laws of the Kingdom of Cambodia.