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This Terms of use ("Agreement") is between Master Pos LLC (“Service Provider”) and Customer ("customer") of the Master Point of Sale System.

BACKGROUND:

1. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
2. The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
3. The Customer agrees that he is in good financial status, able and willing to pay the required fees with accordance of this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

4. The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of Master Pos Point of Sale System, and such other services as the Customer and the Service Provider may agree upon from time to time (the "Services"), and the Service Provider hereby agrees to provide such Services to the Customer.
5. The term of this Agreement will begin on the date of this Agreement and will continue indefinitely until terminated as provided in this Agreement. The Service Provider can terminate this Agreement at any given moment in case of bridge in this agreement.
6. Customer acknowledges that Rental Equipment may be used with normal wear and tear. Service Provider guarantees all hardware to be in good working order. Service Provider will provide standard rental hardware valued at $2,000. In the event of a hardware malfunction, Service Provider's technical staff will qualify and approve replacement part to be shipped within 48 hours (if approved before 3PM PST). Customer pays all shipping costs. If damage or loss is at fault of Customer, Customer will pay retail cost of equipment. Failure to comply will result in a full price hardware charge to the Customer. Customer will return all hardware items to Service Provider at the end of this contract. Any damage in shipment will be billed to Customer.
7. The parties acknowledge that the Internet is neither owned nor controlled by any one entity. Therefore, Service Provider can make no guarantee that any given party shall be able to access the servers made available by Service Provider at any given time. Service Provider represents that it shall make every effort, in good faith, to ensure that the servers are available with minimal service interruptions. Service Provider will exercise no control whatsoever over the content of the information passing through the network, relating to Lawful Purpose. Service Provider disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer.
8. Customer expressly agrees that use of the Hardware, Software and service offered by Service Provider is at Customer's sole risk. Neither Service Provider, its employees, affiliates, agents, merchants licensers or the like, warrant that the solution will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the solution or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service Provider Service Agreement.
9. A $99 reactivation fee will apply to any out of service POS and/or account.
10. Under no circumstances, including negligence, shall Service Provider, its offices, agents or anyone else involved in creating, producing, or distributing Service Provider Point of Sale Solution be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Service Provider Point of Sale Solution; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Service Provider records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Service Providers Servers.
11. Customer may only use Service Providers Point of Sale Solution for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
12. Customer agrees that Customer shall defend, indemnify, save, and hold Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including all attorneys' fees asserted against Service Provider its agents, its customers, servants, officers, and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Service Provider against Liabilities arising out of any of the following: Any injury to person or property caused by any products sold or otherwise distributed in connection with Service Provider Point of Sale Solution; Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; and Defective product which Customer sold with the Solution offered by Service Provider.
13. Customer agrees that Service Provider may create and use network, data, and resources with the Customers domain for administrative, testing, and network infrastructure enhancement purposes.
14. This Agreement shall be governed and construed in accordance with the laws of the State of Missouri.
15. The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
16. The Service Provider is entitled to deduct from the Customers compensation any applicable deductions and remittances as required by law.
17. Service Provider will ship related items to Customers location, where Customer will conduct a self-installation. Should the Customer require assistance, they should call the Customer Service line.
18. Training: Service Provider will provide FREE training online session per company. Additional training is available with
19. Shipping: All shipping charges will be billed to Customer. Service Provider ships only to warehouse or store/Kiosk location, we do not ship to residential or mall management office.
20. Refunds: Customer has 7 Days (from purchase date) to return hardware for a full refund. The activation fee is non-refundable. To qualify for a full refund, items must be in their original boxes, un-open, un-used, and must be qualified as NEW by Master POS LLC. A 15% restocking fee will apply to any returned hardware.
21. In the event that the Customer does not comply with the rates, amounts or dates of pay provided in this Agreement, a late payment penalty will charged at $10 per day per location.
22. The Customer agrees not to disclose any software, hardware, or procedural information to any 3rd party.
23. All materials developed, produced, or in the process of being so under this agreement, will be the property of the Service Provider. The use of the mentioned materials by the Customer will be restricted to perform the included service. The Service Provider may retain use of the said materials and will not be responsible for damages resulting from their use for work other than services contracted for in this agreement.
24. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
25. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement using the information present above.
26. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
27. It is understood and agreed that the Service Provider will have no liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services.
28. The Service Provider will indemnify and hold the Customer harmless from any claims against the Customer by any other party, arising directly or indirectly out of the provision of the Services by the Service Provider. The Customer will indemnify and hold the Service Provider from any claims against the Service Provider by any other party, arising directly or indirectly.
29. The Master POS software is licensed to your usage in accordance with this agreement and maybe revoked if terms and or conditions in the agreement are not met. Service provider preserves the right to modify, change and/or edit this agreement with notices and fees. By signing this Agreement, the Customer acknowledges that each system can only be used in Location specified in this Contract. Each location requires a separate Contract and System.
30. This Agreement will ensure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns.
31. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States dollars.
32. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
33. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Missouri, without regard to the jurisdiction in which any action or special proceeding may be instituted.
34. In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation.
35. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Missouri. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Missouri.
36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
37. The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
38. This Point of Sale System requires Internet connection. This connection is the Customers responsibility unless otherwise specified in this Contract.
39. The Seller reserves the right to cancel this Agreement:
    1. if the Purchaser fails to pay for any payment when due;
    2. in the event of the Purchaser's insolvency or bankruptcy;
    3. if the Seller deems that its prospect of payment is impaired.
40. Customer can Cancel the service with No early cancellation fee with a 7 days writing notice to Master POS LLC before the pay period, If cancellation letter will submit in less than 7 days of the payment day, the costumer will be charge for this pay period.