Terminal Terms

By ordering, leasing, activating or using a Nomod payment terminal or any related hardware accessory (together, the “Terminals”) provided by Nomod Inc. and its subsidiaries and affiliates (collectively, “Nomod”, “us” or “we”), you agree to be bound by the Terms of Service (“Terms of Service”), these additional terms and conditions (“Terminal Terms”) and all other terms, policies and guidelines applicable to the Services. Defined terms will have the same meaning as those found in the Terms of Service, unless otherwise re-defined herein. If there is any conflict between these Terminal Terms and the Terms of Service in relation to the Terminals, these Terminal Terms will apply.

The Terminals are made available for business purposes only and may only be used to accept payments for your own business in connection with your Nomod Account.

1. Terminals

1.1 Terminals are point-of-sale devices that allow you to accept in-person card and digital wallet payments through your Nomod Account. Payments accepted through a Terminal are Transactions for the purposes of the Terms of Service, and the payout, refund, chargeback and fee provisions of the Terms of Service apply to them in the usual way.

1.2 You must have an active Nomod Account in good standing before you can order or activate a Terminal. We may decline any order, or limit the number of Terminals available to you, at our reasonable discretion.

1.3 Terminals may be provided by way of purchase or lease, as shown at the time you place your order. The price, leasing fee, and any connectivity or other recurring fees applicable to your Terminals are displayed at checkout, or otherwise agreed with you in writing before you order.

2. Ordering, Delivery, and Ownership

2.1 When you place an order we will confirm it by email, together with the expected delivery timeline. Delivery timelines are estimates and, while we will do our best to meet them, we are not liable for delays outside our reasonable control.

2.2 Risk in a Terminal passes to you on delivery. You are responsible for the Terminal from that point, including its safekeeping, its condition, and keeping it in good working order so that it can continue to accept payments.

2.3 If you purchase a Terminal, ownership of the device passes to you once we have received payment in full. If you lease a Terminal, the device remains our property at all times, and nothing in these Terminal Terms transfers ownership of a leased Terminal to you.

2.4 You must inspect each Terminal on delivery. If a Terminal is damaged on arrival or does not power on and function on first use, let us know within seven (7) days of delivery, and we will replace it free of charge.

2.5 Software on the Terminal, including the Nomod application and any embedded third-party software, is licensed to you, not sold, for the duration of your use of the Services. You receive no rights in the software other than the right to use it to accept payments in accordance with the Terms of Service.

3. Using Your Terminal

3.1 You must only use a Terminal to accept payments for the business registered on your Nomod Account, in accordance with the Terms of Service, the Network Rules, and applicable Law. You must not use a Terminal to accept payments for any third party or for any business appearing on our Restricted Businesses list.

3.2 You must take reasonable care of your Terminals. In particular, you must not, and must not allow anyone else to:

• open, alter, repair, or otherwise tamper with a Terminal;
• install any software on a Terminal, or modify, copy, or reverse engineer any software on it;
• remove, obscure, or alter any serial number, seal or identifying mark;
• use a Terminal with any SIM card, charger, or accessory other than those we supply or approve; or
• sell, lease, rent, lend, or otherwise make a Terminal available to anyone else.

3.3 Terminals are tamper-sensitive security devices. If a Terminal is opened or tampered with, it may permanently disable itself, and any warranty or replacement rights in respect of that Terminal will end immediately.

3.4 You must tell us promptly if a Terminal is lost or stolen, and we may deactivate it remotely. You remain responsible for Transactions processed on a Terminal until you notify us.

3.5 We may update the software on your Terminals remotely from time to time, including for security and compliance reasons. Updates may briefly interrupt the availability of your Terminal, and we will use reasonable efforts to minimise any disruption.

4. Connectivity

4.1 Terminals connect via Wi-Fi and, where supplied with a SIM card, via mobile data. Any SIM card we supply remains our property, may only be used in the Terminal it was supplied with, and may only be used to process payments through the Services.

4.2 Connectivity, including any SIM card we supply, is included with your Terminal for the first twelve (12) months at no additional charge. A connectivity fee may apply thereafter, and we will give you the period of notice as required by applicable Law, before any such fee takes effect, in accordance with the Terms of Service.

4.3 You are responsible for providing a working internet connection at your premises. We are not responsible for the availability or performance of any mobile network, or internet service provider. A Terminal may not be able to accept payments while it is offline.

5. Warranty and Replacements

5.1 We warrant each Terminal against manufacturing defects for a period of twelve (12) months from the date of delivery to you (the “Warranty Period”).

5.2 If a Terminal develops a manufacturing defect during the Warranty Period, we will replace it free of charge. This is your sole and exclusive remedy for a defective Terminal. To request a replacement, contact us in the app, over WhatsApp, or at [email protected], and we will arrange collection or return of the defective device, and dispatch of a replacement. Replacement devices may be new or refurbished, and are warranted for the remainder of the original Warranty Period.

5.3 The warranty does not cover damage or faults arising from:

• physical damage or mishandling, including drops, falls, cracked screens and cosmetic damage;
• liquid or environmental damage, including water ingress, corrosion, and exposure to extreme temperature or humidity;
• unauthorised software, tampering, or repair by anyone other than us or our approved service providers;
• use contrary to these Terminal Terms or the documentation supplied with the Terminal; or
• normal wear and tear of consumable parts, such as print heads, paper shafts, batteries and chargers.

5.4 Replacement of a Terminal that is out of warranty, or whose fault is excluded under Section 5.3, is available at the then-current replacement price, which we will confirm with you before charging you. Spare parts and consumables such as charging cables and paper rolls, are available at the prices shown in the app or on our website.

5.5 A returned Terminal will be inspected to confirm the nature of the fault. If you disagree with the outcome of an inspection, contact us, and we will review it with you.

5.6 Your rights under this Section 5 are in addition to any rights you may have under applicable Law that cannot be excluded.

6. Buyback and Trade-Ins

6.1 If your Terminal is not being utilised, we may make an offer to purchase the Terminal, at a price based on the Terminal’s condition, and the time that has passed since your purchase.

6.2 If you choose to upgrade to a newer Terminal, we may make an offer to trade-in the current Terminal, at a price based on the Terminal’s condition, and the time that has passed since your purchase.

7. Leased Terminals

7.1 This Section 7 applies only to Terminals provided to you on a leased basis.

7.2 Leasing fees are charged monthly in advance and may be deducted from your Account Balance or charged to your payment method on file, in accordance with the Terms of Service.

7.3 You must return all leased Terminals within thirty (30) days of the earlier of: (a) the cancellation of the lease; and (b) the closure of your Nomod Account or termination of the Terms of Service. We will provide return instructions.

7.4 If a leased Terminal is not returned within that period, or is returned damaged, we may charge you the then-current replacement price for the device, and this amount will be deducted from your Account Balance or charged to your payment method on file, in accordance with the Terms of Service.

8. Fees

8.1 The fees applicable to Terminals are set out below or, where indicated, shown during the order process. We may change these fees in accordance with the Terms of Service.

8.2 Transaction fees for payments accepted through a Terminal are as set out in your pricing plan and the Terms of Service. Delivery charges, where applicable, are shown at checkout. All fees are exclusive of VAT and other applicable taxes, which you are responsible for.

9. Availability and Support

9.1 We will use reasonable efforts to ensure your Terminals can accept payments at all times, but we do not guarantee uninterrupted availability of the Terminals or the Services, and the availability provisions of the Terms of Service apply.

9.2 Support for your Terminals is available in the app, over WhatsApp, and at [email protected].

10. Suspension and Termination

10.1 We may suspend or deactivate a Terminal, in addition to our rights under the Terms of Service, if: (a) we reasonably suspect the Terminal is being used in breach of these Terminal Terms, the Network Rules, or applicable Law; (b) the Terminal has been reported lost or stolen, or shows signs of tampering; or (c) we are required to do so by a Network, regulator, or applicable Law. Where practicable, we will notify you of any suspension and the reasons for it.

10.2 On termination of the Terms of Service for any reason: (a) purchased Terminals remain yours, but will no longer be able to process payments through the Services; (b) leased Terminals must be returned in accordance with Section 7.3; and (c) any unpaid amounts relating to your Terminals become immediately due and may be deducted from your Account Balance.

11. Additional Disclaimers

11.1 Except as expressly set out in Section 5, the Terminals are provided “as is”, and we make no other warranty of any kind in relation to them, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by applicable Law.

11.2 The limitations and exclusions of liability in the Terms of Service apply equally to these Terminal Terms and to your use of the Terminals.