Software License & Support

The following Software License & Support terms and conditions relate to the following POS Software products:

• Access POS Software - supplied on an annual license basis

What “DOES” Access POS Software Annual License & Support Include?

1. A license to operate the software for a period of 12 months.
2. All off-site telephone, email & remote login support. (An internet connection must be installed for remote support). Support hours are Monday to Friday 9am to 5pm Sydney, Australia Time. Excludes NSW Public Holidays and company closure dates as advised around Christmas time.
3. All software upgrades, including minor and major version releases will be supplied FREE of charge. Off-site Installation of upgrades via remote login are also FREE. By periodically upgrading your POS Software you are ensuring that the life of your initial investment will be dramatically increased.

What “DOESN’T” Access POS Software Annual License & Support Include?

1. On-site support / service.
2. Additional database programming / set up after the initial installation. ie new “Stock Items” etc. although off-site guidance on how to program new items would be covered.
3. Hardware fault / breakdown is not covered by this agreement.
4. Faults that occur in third party hardware and or software products that affect the functionality of the POS Software supplied by Access POS.
5. Any responsibility on Access POS Pty Ltd to perform backups of sales and/or program data. If you are unsure on the particular data that you should backup, please contact Access POS immediately.
6. Off-site telephone, email and remote login support for computer virus and spyware related damage. This includes damage to either third party software, such as Microsoft Windows, or POS Software supplied by Access POS.
7. Re-configuring and or performing system setup of a new POS computer or if Microsoft Windows has had to be reinstalled or upgraded to an alternate version or the hard drive has had to be replaced. Ghosting or imaging hard drives and or moving a hard drive from one computer to another is strictly not supported by Access POS. It is advisable to contact Access POS prior to purchasing a new POS computer to confirm suitable specifications.
8. Re-configuring and or performing system setup of computer peripheral hardware or software that has not been purchased from Access POS, such as Touch Screens, POS Printers, Scanners, Cash Drawers etc. It is advisable to contact Access POS prior to purchasing new computer peripheral hardware or software to confirm suitable specifications.
9. This agreement only relates to software and hardware in place at the time this agreement was entered into (original software and hardware). ie. it does not cover substituted software and hardware following the breakdown of original software and hardware, unless supplied by Access POS. Installation and setup services for substituted software and hardware will result in additional fees being charged.
10. Software upgrades are supplied FREE of charge via remote login (internet connection required with remote access software installed. eg. Team Viewer).

Transfer of Access POS Software License

When the POS Software License is initially licensed, it is exclusively licensed to the original licensee. ie. the licensee is the entity that that has been granted legal permission to use the software license. eg an individual (sole trader), Partnership or Company (If a company is the licensee then the directors of the company are not the licensee). The associated ABN that is registered to the original licensee is also an essential part of the POS Software license. The POS Software license cannot be on-sold, transferred, assigned or sub-license your license rights to any other person or entity, or permit our software to be used for third party services, persons or entities without the written permission of Access POS Pty Ltd.

Generally, Access POS Pty Ltd will allow the free transfer of a POS Software License upon the sale of a business if the business is being sold as a “going concern”. ie. if the business remains in the same location and essentially supplies the same goods and or services then it would most likely be considered a business sale of a “going concern”. In this case the POS Software license can have the registered business name and ABN changed. Not the address.

Examples of a “non going concern”: A Chinese Restaurant at a specific location sells their cooking equipment and other fixtures and fittings and a Hamburger Shop opens at the same location. Or, an Indian Grocery Store at location A “sells their business” and a third party opens an Indian Grocery Store in location B.

On occasions, there maybe requests to transfer a POS Software license between the same or similar owners. An example of an allowable "same owner" transfer. An orginal purchaser being a sole trader called "Billy Smith" runs a grocery store at location "A" and with a registered ABN. "Billy Smith" then closes his grocery store and opens another grocery store in location "B" using the same or different business name and or ABN. This would be allowed as the orginal purchaser is identical. Access POS may also allow a POS Software transfer whereby sole trader "Billy Smith" incorporates a company and Billy Smith owns 100% of issued shares.

Examples of disallowed "same owner" transfers would be as follows, using the example: An orginal purchaser being a sole trader called "Billy Smith" runs a grocery store at location "A" and with a registered ABN and closes the store then reopens under one or more of the following examples.

• "Billy Smith" incorporates a company where "Billy Smith is only a partial shareholder and opens a grocery store in location "B" with a different business name, address and ABN
• "Billy Smith" forms a partnership with "Tom Jones" and opens a grocery store in location "B" with a different business name, address and ABN
• "Billy Smith" opens a cafe in location "B" with a different business name, address and ABN

Applications for POS Software License transfer need to be submitted in writing and the decision by Access POS Pty Ltd on whether the business has been sold as a going concern is exclusive and final.

How Much Does Access POS Software Annual License & Support Cost?

The cost of your Software Annual License & Support fee is dependant on the total number of computers that the POS Software is installed on and the optional software modules that you are licensed to use.

Software Annual License & Support is included within the initial system purchase which covers the first twelve months. Software Annual License & Support will be payable prior to the first anniversary date to enable software license reactivation / registration. The cost of the annual license will alter in the future if the number of computers and or software modules licensed is altered (either up or down). The change in cost will be applied at the next software license anniversary date. The pricing below only relates to the period from after the initial twelve months to the end of the initial twenty-four month period. ie between years 1 & 2 after the initial software registration date. After which, the Annual License & Support fee maybe subject to small yearly price increases.

Current Access POS Software Annual License & Support fees for new customers after the initial twelve months are: Installed on one computer, $80.00 ex. GST; two computers, $120.00 ex. GST; Three computers, $168.00 ex. GST; Four computers, $208.00 ex. GST etc per month.

Optional software modules. ie. EFTPOS Link, XERO Accounting Link, Customer Management & Loyalty, Lay-by, Stock Control, Customer Accounts, Takeout & Delivery, Newspaper & Magazine Home Delivery, Subagents, Officesmart, Manual Magazines In, Tabcorp Terminal Connect will increase these amounts by $10.00 ex. GST per month each, per computer starting at a single computer but are then discounted at the same rate as per the core Access POS Software as detailed above and Magazine Management (XchangeIT) by $20.00 ex. GST per month, per computer and with the same discount structure as the number of installed computers increases.

Software annual license and support is invoiced annually in advance after the initial 12 months and has a minimum period of 12 months. ie. an unused portion, for whatever reason, is not refundable.