The Taxi/Limousine Operator wishes to use TaxiEpay Pty Ltd’s (Live taxi) products and services, and has agreed to do so on the terms and conditions contained in this schedule.

1. FORCE MAJEURE

Should Live taxi be delayed or prevented from making delivery of the Live taxi products or services, owing to any cause whatsoever beyond Live taxi’s control, such as Acts of God, war, strike, riots, government intervention, industrial stoppage, or a natural disaster or otherwise, Live taxi shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage resulting there from.

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2. NO LIABILITY FOR TEMPORARY INTERRUPTION TO SERVICE

The Taxi/Limousine Operator hereby expressly acknowledges that EFTPOS systems such as Live taxi are liable to suffer interruptions to service from time to time and hereby agrees that it shall not hold Live taxi 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 taxi and acknowledges that Live taxi would not enter this agreement without the Taxi/Limousine Operator’s making that acknowledgement. This clause may be pleaded by Live taxi in bar to any proceeding suit or claim brought or made by the Taxi/Limousine Operator.

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3.   OWNERSHIP OF LIVE TAXI PRODUCTS & TERMINALS

Ownership and title in any Live taxi product, hardware and software supplied or installed by Live taxi shall not pass to the Taxi/Limousine Operator, or Dealer but shall remain vested in Live taxi at all times.

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4. REPAIR OF ANY LIVE TAXI PRODUCTS & TERMINALS

If any Live taxi product or terminal malfunctions or is in need of repair Live taxi 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 taxi terminals leased to it by Live taxi and shall immediately notify Live taxi if they are lost, stolen or damaged. The Taxi/Limousine Operator shall not make modifications of any nature to the Live taxi terminals leased to it by Live taxi.

The Taxi/Limousine Operator shall be liable to reimburse Live taxi for the cost of repair or, if necessary, the replacement of any Live taxi terminal damaged lost or destroyed as the result of a breach by the Taxi/Limousine Operator of its obligations under this clause.

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5. OBLIGATIONS OF TAXI OPERATOR WITH RESPECT TO CARE OF LIVE TAXI’S PRODUCTS INCLUDING THE LIVE TAXI TERMINALS

The Taxi/Limousine Operator hereby acknowledges that the Live taxi 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 taxi terminals leased to it by Live taxi.

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6. RENTAL FOR LIVE TAXI 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 taxi 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 taxi. In assessing any rental charges, Live taxi, at its own discretion will consider the total transaction volume relationship with the customer, historical transaction amount and length of the relationship.

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7.RETURN CONDITIONS

The member acknowledges that they may elect to process taxi vouchers and Eftpos transactions (if applicable) through Live taxi. Should any voucher or transaction remitted by the member be returned by the merchant bank to Live taxi then that member will pay back to Live taxi the face value and any commission paid and any other costs incurred by Live taxi, within 7 days of notification. If the monies are not paid back within 7 days, then Live taxi reserves the right to instigate proceedings to recover the monies and any costs to do so will be incurred by the member. Live taxi 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.

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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 taxi terminal; however, the fee only applies to the Live taxi 675 terminal and not any other terminal. The fee will not be applied again in the event you need to swap your Live taxi 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 taxi.

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