terms and conditions
The Taxi/Limousine Operator wishes to use TaxiEpay Pty Ltd’s (Live Payments) products and services, and has agreed to do so on the terms and conditions contained in this schedule.
1. FORCE MAJEURE
Should Live Payments be delayed or prevented from making delivery of the Live Payments products or services, owing to any cause whatsoever beyond Live Payments' control, such as Acts of God, war, strike, riots, government intervention, industrial stoppage, or a natural disaster or otherwise, Live Payments shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage resulting there from.
2. NO LIABILITY FOR TEMPORARY INTERRUPTION TO SERVICE
The Taxi/Limousine Operator hereby expressly acknowledges that EFTPOS systems such as Live Payments are liable to suffer interruptions to service from time to time and hereby agrees that it shall not hold Live Payments liable in any way or make any claim in respect of any loss or damage occasioned by reason of any interruption in the delivery of services by Live Payments and acknowledges that Live Payments would not enter this agreement without the Taxi/Limousine Operator’s making that acknowledgement. This clause may be pleaded by Live Payments in bar to any proceeding suit or claim brought or made by the Taxi/Limousine Operator.
3. OWNERSHIP OF LIVE PAYMENTS PRODUCTS & TERMINALS
Ownership and title in any Live Payments product, hardware and software supplied or installed by Live Payments shall not pass to the Taxi/Limousine Operator, or Dealer but shall remain vested in Live Payments at all times.
4. REPAIR OF ANY LIVE PAYMENTS PRODUCTS & TERMINALS
If any Live Payments product or terminal malfunctions or is in need of repair Live Payments will upon request of the operator replace the product or terminal with a similar product or terminal at no cost to the Taxi/Limousine Operator provided that such repairs are not required as a result of a breach by the Taxi/Limousine Operator of its obligations under clause 5 hereof. The Taxi/Limousine Operator shall not mistreat or deliberately cause damage to the Live Payments terminals leased to it by Live Payments and shall immediately notify Live Payments if they are lost, stolen or damaged. The Taxi/Limousine Operator shall not make modifications of any nature to the Live Payments terminals leased to it by Live Payments.
The Taxi/Limousine Operator shall be liable to reimburse Live Payments for the cost of repair or, if necessary, the replacement of any Live Payments terminal damaged lost or destroyed as the result of a breach by the Taxi/Limousine Operator of its obligations under this clause.
5. OBLIGATIONS OF TAXI OPERATOR WITH RESPECT TO CARE OF LIVE PAYMENTS' PRODUCTS INCLUDING THE LIVE PAYMENTS TERMINALS
The Taxi/Limousine Operator hereby acknowledges that the Live Payments terminals are leased for the sole use of the Taxi/Limousine Operator and for the specific purpose of enabling its customers to pay taxi or limousine fares and undertakes not to use them for any other purpose. The Taxi/Limousine Operator shall at all times take reasonable care of the Live Payments terminals leased to it by Live Payments.
6. RENTAL FOR LIVE PAYMENTS TERMINAL: $ 39.00 PER TERMINAL PER CALENDAR MONTH
$39.00 per terminal per calendar month. Where, in any month, the amount of payments (excluding service fees) paid or processed via any Live Payments terminal leased pursuant to this agreement is less than $500 per month on average then there shall be a rental payable of $39.00 per terminal per month. This may be waived at the option of Live Payments. In assessing any rental charges, Live Payments, at its own discretion will consider the total transaction volume relationship with the customer, historical transaction amount and length of the relationship.
7.RETURN CONDITIONS
The member acknowledges that they may elect to process taxi vouchers and Eftpos transactions (if applicable) through Live Payments. Should any voucher or transaction remitted by the member be returned by the merchant bank to Live Payments then that member will pay back to Live Payments the face value and any commission paid and any other costs incurred by Live Payments, within 7 days of notification. If the monies are not paid back within 7 days, then Live Payments reserves the right to instigate proceedings to recover the monies and any costs to do so will be incurred by the member. Live Payments reserves the right to refuse and/or cancel a membership at any time and without disclosing any reason for any such refusal and/or cancellation.
8. INSURANCE FEE/MEMBERSHIP
A $49.95 insurance fee will be deducted from your first payment to cover the insurance of the terminal in the event it is stolen or damaged. The fee applies to both new customers and those that swap from an existing Live Payments terminal; however, the fee only applies to the Live Payments 675 terminal and not any other terminal. The fee will not be applied again in the event you need to swap your Live Payments 675 due to a technological fault or any other fault outside of your control. Should you damage the terminal and need a replacement then another $49.95 insurance fee may apply to the new terminal. This fee may be charged annually upon date of sign up and may be waived at the option of Live Payments.