Parties to the contract
“Customer” is the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. The customer is responsible for reading and agreeing our terms and conditions as they will form the basis of the contract of purchase and service agreement. “The Company” Innovative Cyber Solutions Pvt. Ltd, referred to as Incy from hereon. Incy are responsible for providing a purchase and service that meets the agreements within the terms and conditions. Our registered office is No 265/2, Sri Saddarama Mawatha, Colombo 10, Sri Lanka.
Choosing a product from Incy
The Company shall provide information about our products and services to help inform the basis of the purchase. If requested by the Customer, the Company may provide a full demo of our software free of charge if the customer desires to help inform the customer of the purchase. It is the responsibility of the customer entirely to ensure that the hardware and software products they are purchasing meet their requirements. The Company will provide a written quotation on request. This quotation is a guideline price and does not form the basis of any contract between the Customer and the Company. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
Purchasing a product from Incy
These Terms and Conditions are available on our website. It is the customer’s responsibility to read and agree to the terms and conditions prior to making payment. All product pricing is provided in "good faith". Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the customer will be advised by Incy employees and/or in Incy sales literature. Once a payment is received the contract between Incy and the Customer is in force. Incy may record phone calls for training purposes.
Internet
Our hardware and software require a reliable and robust connection to the internet to take advantage of all of the online features and benefits. It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly. Our recommended internet speeds are a minimum 6Mbps download speed and 0.6Mbps upload speed. Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider. Whilst Incy employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed. Incy cannot be responsible for any slow responses to our system that is caused by poor internet connection.
Hardware without upfront costs
Incy offers some services where we supply hardware and/or software solutions, without any upfront cost, but instead with a monthly fee. This includes, but isn't limited to, Biometric Finger print devices. These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months. The customer will be advised of the monthly fee at the time of purchase. If the customer cancels the contract within 12 months they must return any hardware they have received, and pay the remaining balance of the 12 months contract. This is calculated by multiplying the number of months outstanding by the monthly fee. After 12 calendar months, the contract automatically becomes a rolling contract, with the monthly fee remaining the same. Either party can cancel the contract at any time, by giving 30 days notice. The Customer is at all times responsible for ensuring timely payments to avoid default charges. Incy will charge LKR 100 (ex vat) for each day that payment is overdue. The Customer holds Incy harmless against any defaults or claims arising out of use of the equipment.
rental
We may offer the ability to rent equipment from Incy. At time of placing a rental order Incy will advice the Customer of the rental period, and the fee for rental for that period. On acceptance of an order, a deposit of LKR 40000 (excluding VAT) per terminal will be taken in addition to the first month’s rental fee. If the rental period is for greater than one month the subsequent payments are due in 1 month intervals, starting from the first date of the rental period. It is the Customer’s responsibility to ensure the equipment is maintained and returned in the same condition as it was dispatched. It is the customer’s responsibility to document, and provide back to Incy, any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods. Incy remains the owner of the equipment at all times. It is the customer’s responsibility to arrange the safe return of equipment within 5 working days of the end of the rental period. Incy may offer to collect the equipment, however, it is the Customer’s responsibility to document the cosmetic condition before they are collected by Incy (or Incy’s third-party courier). For each calendar day after 5 working days from the end of the rental period that Incy has not received the equipment we will charge an additional LKR 500 (ex vat). Upon return of the equipment Incy will inspect the equipment and compile a report on the equipment. Based on the report of the engineer a full refund of the deposit will be made less any adjustments. If the customer is eligible for a return of the deposit this payment will be within 14 working days of receiving the returned equipment. If the equipment is returned damaged beyond the value of the deposit, Incy retains the right to invoice the customer for the amount additional to the deposit. The customer must pay this charge within 14 days of receiving the invoice. If the equipment is not returned after 28 days after the rental period Incy will withhold the entirety of the deposit and invoice the Customer for the remaining value of the equipment and any charges outstanding. This must be paid within 14 days of receiving the invoice. The Customer is at all times responsible for ensuring timely payments to avoid default charges. Incy will charge LKR 100 (ex vat) for each day that payment is overdue. The Customer holds Incy harmless against any defaults or claims arising out of use of the equipment. The equipment rental does not include any ongoing services or consumables but these are available on request, at a charge. The Customer is responsible for informing Incy of any changes to their contact details.
Annual Licence Fee
Incy charges an annual license to all customers using the incy POS Software, with the exception of those on a Support Plan (which includes the fee). The first year’s license fee is included in the price of purchasing our software. The Annual Licence Fee is currently is the same as listed in the support plans, which is currently a LKR 30000(excluding tax) per device.Every additional device will add LKR 10000 to the full amount paid yearly. Payment becomes due on the anniversary of the original account activation. The fee is non-negotiable and non-refundable. Incy will notify the customer 30 days prior to the due date. Failure to make payment within the 30 days will restrict the access to the platform until the payment is made. Payment of the annual licence fee provides the following service I. Use of the incy POS software for next 12 month period II. Maintenance and operating costs of the incy POS servers III. Selective system updates improving the running and functionality of the software
Support Plan
Incy offers two optional Support Plans: Standard Support and Enterprise Support. Customers can upgrade to a Support Plan at any time by contacting Incy. By signing up to a Support Plan the Customer is agreeing to these terms and conditions. All Support Plans are a contract for one calendar year. When the Customer signs up for a Support Plan they can choose whether to pay annually or monthly. Payments are required in advance.
Monthly Payments of any Support Plan
Where the Customer chooses to pay monthly they must provide recurring payment details either through direct debit or a credit or debit card Monthly payments are due each month, on the same day of the month the plan was purchased. Incy will attempt, through their payment providers, to take the payment each month. Where payments fail Incy will attempt to take the payment again. If a payment fails Incy retains the right to restrict access to the incy POS software for all of the Customer’s licenses, locations and devices until payments continue, and missed payments are received in full. If the customer wishes to cancel their Support Plan mid-way through the one-year contract they will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by their monthly payment. Enterprise Support Customers may choose to upgrade from Standard Support to Enterprise Support. If the customer is already part-way into a Standard Support contract this existing contract will be cancelled and replaced by the Enterprise Support contract. Where the customer paid annually for a Standard Support plan the pro-rata remains of this payment will be discounted from the Enterprise Support plan’s payment. The Enterprise Support contract lasts one year from date of taking out Enterprise Support.
Renewal & Cancellation
After one year the customer’s contract will automatically renew for another year unless the Customer advises Incy before the renewal date that they do not wish it to renew. The customer has a 30 day cooling-off period after the automatic renewal date in which to notify Incy that they do not wish to continue on Support, Incy will cancel the contract with no penalty to the Customer. To continue to use the Incy software after cancellation the Customer must either pay the Annual License Fee or sign up to another Support Plan. Incy may also choose to end the contract if: The Customer does not pay the charges when they are due. The Customer breaks this agreement and/or a related agreement in any other material way and you don’t correct the situation within 7 days of us asking you to do so. We reasonably believe that you are infringing or have infringed our rights or the rights of a third party. The Customer are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors. Incy discontinues this product. Where Incy ends this contract they will give at least 30 days notice. Standard Support includes: Access to the Incy Support Team 24/7 hours via email and phone. The Annual License fee (i.e. the Customer does not need to pay the Annual License fee) Remote technical and support from our Sri Lankan's call centre. Software updates. Email support Encrypted backup of transaction data. Warranty is “Return to Base” Onsite training for all staff at the date of implementation Standard Support includes everything within the Standard Support plan and also: 24 hrs priority telephone support Priority email support
Delivery of purchase
Free standard ground delivery for all orders over LKR 150,000 (excluding sales tax) to the Sri Lanka only. Whilst Incy take every care to ensure the packaging prevents any damage in transit, it is the Customer’s responsibility to check the products before they accept them at time of delivery. In the rare occasion that there a product is faulty or damaged on arrival we will provide a replacement product. Incy must be notified of any faults or damages on the day of delivery. Whilst Incy shall use reasonable commercial endeavours to deliver the goods by the date specified on the customer's order, it shall not be liable for the delay in delivery from any cause whatsoever and howsoever arising. All deliveries must be signed for. Our third party supplier may notify you by email and text message when you should expect the delivery. It is the responsibility of the customer to provide Incy with the correct address, email and mobile number to make the most of this service. It is the responsibility of the customer to have an appropriate person available to sign for the delivery. Incy are not responsible for any deliveries that cannot be made due to no access to the property. We recommend that you keep the original packaging. In case the product needs to be returned for repair, original packaging may provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by the customer then we reserve the right to charge for this.
incy POS Hardware Warranty
Any new hardware purchased directly from Incy, and manufactured by Incy, is warranted against manufacturing defect for the period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product. Any refurbished product purchased directly from Incy is warranted against manufacturing defect for the period of 90 days from the date of delivery of the goods, unless sold as “like new” where it will have a period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product. Customers may choose to purchase an Extended Warranty within the Limited Warranty period. This Extended Warranty confers the same rights as the Limited Warranty, merely extended to three years from date of original delivery of the goods. d. Exclusions from this Warranty Any "third-party hardware" is not covered by a warranty from Incy. Third-party hardware is any hardware not manufactured by Incy, or any hardware which is not branded as "Incy". The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to: The product has been tampered with, repaired and/or modified by non-authorised personnel; The warranty seals have been broken or altered; Obsolescence; Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear, gradual deterioration; Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges: Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices Damage to the product through neglect to protect the hardware from viruses Damage to the product caused by an external electrical fault or any accident Fraud, theft unexplained disappearance or willful acts: Liquid/fluid damage or contamination of any kind Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than Incy software Covering a Product Under Warranty If a customer believes their product to have fault that is covered by their warranty they must report the issue to Incy within the warranty period and at their expense return the item to Incy. Within 28 days of receiving the goods Incy will examine the device and if covered by the warranty will, and at Incy’s discretion, either: Replace the product with one of similar performance and capabilities If a device fails outside of the first 30 days of original purchase, Incy retains the right to replace or repair the product with refurbished or remanufactured parts. Repair and return the product Out of Warranty products If Incy determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement. The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense). Replacement products Where Incy replaces or repairs a product under warranty, or as a chargeable out of warranty service, the repaired or replacement product inherits the remaining days of warranty from the original product. If the original product has less than 30 calendar days of warranty remaining the replacement or repaired product will receive a warranty of 30 calendar days. Dead on arrival If a new device fails within the first 30 days of original purchase, and is covered by a warranty, Incy will replace the device with another new product, at Incy’s expense. Swap It service Customers that have purchased a Support Plan, has the option to opt in for Extended Warranty and have their Return to Base warranty upgraded to the Swap It service. If the Customer notifies Incy prior to 3.00pm (Sri Lanka Local Time) on a working day (Monday-Friday, no public holidays) Incy will arrange for a courier to deliver a replacement product (of a similar specification to the original) to be delivered within three working day. When the courier delivers the replacement product they will collect the failed product. They will not leave the replacement product without taking away the failed product. They will allow a maximum of 15 minutes for the replacement to occur. If Incy is notified of the need for a SwapIt after 3.00pm (or on a non-working day) the replacement will be delivered in three working days time. It is not possible to arrange a specific time of day for the replacement. Our swap it service is only available for addresses in the Sri Lanka. For all addresses outside of the Sri Lanka the return to base warranty applies. The swap it service is not available on products for which there is no incy POS warranty. These include third-party products not manufactured by Incy. If a device fails outside of the first 30 days of original purchase, Incy retains the right to replace or repair the product with refurbished or remanufactured parts. Refunds and return of goods No return or refund will be issued unless the Complaints Procedure outline in these Terms and Conditions is followed. Any returned goods should be packed in the original packaging. Incy reserve the right to charge for any damages caused in transit due to poor packaging. POS systems and software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalisation, training and dispatch. These items are strictly ‘non refundable’. Where a product has been opened, or it is a POS system or software, Incy will only accept a return of equipment if the system is deemed ‘not fit for purpose’ upon receipt of the goods and this must be agreed by both parties. We cannot process a return based on the following: Customer or staff training needs, not understanding or using the system properly Customer not properly researching or qualifying the purchase Functions that are not present or work differently than other products available in the market Compatibility with third party items/systems POS systems that has been dispatched, configured, personalised and used Customer shutting down the business / product surplus to requirements after delivery Orders that contain bespoke or custom equipment Operational problems that arise from a customer’s internet connection or other environment problems that are out of our control You have accidentally damaged the item after delivery Misused the item and damaged it Tried to open or tamper with the unit in some way You no longer require the equipment and you have personalised it If the item is sold as faulty via our auctions/clearance The item is part of a custom or large order Item is not returned in its original packaging You have not paid the software/activation fee The goods are not in 'as new' condition. Any equipment damaged may be charged at full cost. If the goods have already been manufactured, customized and dispatched since each system is made to order. We must diagnose the return request this by this following process: Understand why the customer feels the product is ‘unfit for purpose’ attempt to reasonably resolve any issues when highlighted by the customer via remote desktop. Attend the customer’s business premises if the situation cannot be resolved remotely to perform a site survey and onsite training or repair. This may be subject to a charge. Once the issue is identified we must be given reasonable time to resolve the issue and assistance to do so. Monies paid to third parties for any modifications made to the software at the customer’s request shall also not be refunded. If you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, leads, discs, adaptors and manuals. The customer is responsible for the delivery of the goods to Incy at customer expense, and only after the goods has been checked by an engineer of Incy, will any payment be agreed upon and released. The goods must be received in original packaging as the goods were originally dispatched, otherwise a return cannot be processed. Refunds may only be made after all endeavours have been made by Incy to resolve the issue. In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return. For any payments made through a finance company, we would only be able to refund any amounts due via their instruction in writing. Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable. Any collection made outside of a Western Province address of Sri Lanka may occur additional cost payable by the customer. We cannot process a return based on the following: Customer or staff training needs, not understanding or using the system properly. Customer not properly researching or qualifying the purchase. Functions that are not present or work differently than other products available in the market. Compatibility with third party items/systems. POS systems that has been dispatched, configured, personalised and used. Customer shutting down the business / product surplus to requirements after delivery. Orders that contain bespoke or custom equipment. Operational problems that arise from a customer’s internet connection or other environment problems that are out of our control. You have accidentally damaged the item after delivery. Misused the item and damaged it. Tried to open or tamper with the unit in some way. You no longer require the equipment and you have personalised it. If the item is sold as faulty via our auctions/clearance. The item is part of a custom or large order. Item is not returned in its original packaging. The goods are not in 'as new' condition. Any equipment damaged may be charged at full cost. If the goods have already been manufactured, customized and dispatched since each system is made to order.
Complaints Procedure
Incy endeavours to ensure that all customers are satisfied with their purchase, however, where problems arise the Customer commits to following the following Complains Procedure. If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team. Contact details are available at www.incypos.com under contacts section. If the issue has not been satisfactorily resolved the Customer should then make a written complaint either by email to [email protected] or by post to: Complaints, Innovative Cyber Solutions Pvt. Ltd, 265/2, Sri Saddarama Mawatha, Colombo 10. Written complaints should include full details of the situation, and the nature of your complaint. Additionally please provide the best contact details to reach you on. Incy will respond to the initial written complaint 48 working hours, confirming that we have received your complaint, and advising you of which Incy Manager will be managing the resolution for you. The Assigned Manager will endeavour to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution. Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision. Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify them you wish to escalate your complaint further. All sales are bound by these Terms and Conditions, and Incy asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transactions, and is not bound by Consumer law.
incy POS Software End User License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR Incy SOFTWARE. BY USING YOUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.
General Use
The software, interfaces, content, fonts, documentation and any data that came with your incy POS license as may be updated or replaced by software updates or system restore software provided by Incy whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Innovative Cyber Solutions (Pvt) Ltd. for use only under the terms of this License. Incy retain ownership of the software itself and reserve all rights not expressly granted to you. Incy, at its discretion, may make available future updates to the software for your incy POS system. The customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. Incy shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by Incy required or performed under this Agreement. Incy will use reasonable endeavours to put right any such loss of data or programs, but reserves the right to charge for such. The customer remains totally responsible to have adequate virus protection to all parts of the system. Any additional software which is downloaded by the customer, which is not already preinstalled on your system, is done at the customers own risk.
Permitted license users and restrictions
Each license allows you to use the software on the specific terminals requested by the customer at point of purchase. Each license does not allow the Software to exist on more than one terminal, and you may not make the Incy software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise agreed by the supplier Incy. This license does not grant you any rights to use Incy proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the Incy software, Incy software updates, or any part thereof. Any attempt to do so is a violation of the rights of Incy . If you breach this restriction, you may be subject to prosecution and damages.
Transfer
You may not rent, lease, lend, redistribute or sublicense the incy POS software or software updates
Termination
This license is effective until terminated. Your rights under this license will terminate automatically without notice from Incy if you fail to comply with any term(s) of this license. Upon the termination of this license your software will be restricted.
Limitation of liability
To the extent not prohibited by law, in no event will Incy be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Incy software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise). In no event shall Incy’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Governing Law, Venue and Attorneys' Fees
These Terms shall be governed and construed in accordance with the laws of the Republic of Sri Lanka without regard to its conflicts of laws provisions. You and Incy agree to submit to the exclusive jurisdiction of the courts located within the Western Province, Sri Lanka to resolve any legal matter arising from these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Each party hereby waives all defenses of lack of personal jurisdiction and forum nonconveniens in connection with any action brought in the foregoing courts. If Incy prevails in any action or proceeding (including for collection) under this Agreement, then Incy shall be entitled to recover from Customer, in addition to all other relief, its reasonable attorneys' and other experts' fees and expenses incurred with respect to such action or proceeding.