2. GLOSSARY

We use different terms in these Terms and conditions. In order to make sure that it is clear what we are talking about, below we provide clarifications of some of these terms:

Service provider – any legal or natural person who undertakes to assign its product in whole or in part for installation and use to the Client. That person is the owner of the product and all the rights that come with that product. In terms of our website and/or solution and these Terms and conditions, we (One Click Pay LTD) are the owner and service provider.

Product/Software solution – in terms of these Terms and conditions the product/software solution is a website and/or application for mobile devices Android or Ios, collectively named OrbyPOS.

Client – any legal or physical person who has obtained a licence from the service provider, the right to install and use the service provided by OrbyPOS and pays a fee for this to Service provider (e.g., a caterer). For the purposes of these Terms and conditions, the Client is also a person who has the option to purchase or rent a device to use the OrbyPOS software solution, in accordance with these Terms and conditions, with the obligation to pay a fee.

User – legal or natural persons who are registered or unregistered, and who use OrbyPOS in order to receive a service from the Client (e.g., a consumer who orders a drink and/or meal in a restaurant, etc.).

OrbyPOS plan – a set of services that the OrbyPOS software solution offers. Depending on the price of the plan, the content of the services may vary.

Device – a rented or a purchased device that can be used for the purchased OrbyPOS plan and includes all components that are key to its operation (for example, power cord, charger etc.) and that may vary depending on the type and/or model.

3. FRAMEWORK CONTRACT OF THE USE OF THE ORBYPOS PLAN

3.1. Conclusion of the contract

• General provisions

This framework contract of the use of the OrbyPOS Plan (in hereafter “contract”) represents a legally binding contract between the company One Click Pay LTD, Business Exchange Centre, 26-28 Hammersmith Grove, London, United Kingdom, W6 7BA  as a service provider (hereinafter “service provider”) and a natural or legal person who will install and use OrbyPOS (in hereinafter “the client”), with the obligation to pay fee to the Service Provider.

These provisions represent the framework provisions of the contract of the use of the OrbyPOS plan and that form an integral part of the Terms and conditions, and as such will be applied to all contracts on the use of the OrbyPOS software solution.

The contract in electronic form is concluded the moment the service provider receives an electronic message containing a statement from the offered Client that the payment was processed successfully. By agreeing to these Terms and conditions, and processing the payment, it is considered that you expressly accept the offer, and that this contract on the use of the OrbyPOS plan is considered concluded.

The contract refers to the licence to use the OrbyPOS software solution, which includes the OrbyPOS website, the mobile application for Android and iOS, the OrbyPOS logo, computer program, instructions for use, optionally a device for using the same software, image and other visual and multimedia content and any other content that is protected by copyright.

We are the exclusive owner of the OrbyPOS software solution and retain the right of ownership over it, as well as all rights arising from it. With this contract, the client purchases a licence to use this software solution on a precisely specified device and for precisely specified limits and duration, and not ownership of the OrbyPOS software solution or any part of it, and for this reason he/she cannot claim any proprietary, copyright, intellectual or other rights.

• Subject of the contract

This contract refers to the purchase of a plan for the use of the OrbyPOS software solution in accordance with the instructions of its owner (service provider), which software solution is protected by the provisions of the law as copyrighted work.

The service provider allows its clients the non-transferable right to use the product exclusively for their own needs in accordance with the activities they engage in, which are in accordance with this contract, the service provider’s instructions and these terms and conditions.

The service provider’s instructions can be presented to the Client in written or oral form.

The client undertakes, guarantees and expressly declares that he/she will use the OrbyPOS software solution in accordance with all applicable laws and regulations, instructions from the owner and terms and conditions, for which he/she takes the risk of abuse for the above.

• Conclusion of the contract

The contract in electronic form is concluded the moment the service provider receives an electronic message containing a statement from the offered Client that the payment of the OrbyPOS Plan is successfully processed. By agreeing to these Terms of conditions, and registering on our website, it is considered that you expressly accept the offer, and that this contract of the use of the OrbyPOS plan is considered concluded.

Please note that we reserve the right, at our sole discretion, to refuse requests, inquiries and orders as well as terminate the contract of the use of OrbyPOS plans with written notice, if they appear to have been sent/compiled by distributors or resellers or represent false or fraudulent orders. If we suspect that you have made a false or fraudulent order, or that the contract was concluded by distributors or resellers, and that you are harming our interests in any way, we will have the right to cancel the same order, terminate the contract and contact the authorities for action.

The client is not able to transfer the rights and obligations assumed by this Agreement to another, without the express and written consent of the owner.

• System prerequisites

The OrbyPOS plan can be used on any Internet browser (Chrome, Microsoft Edge, Safari, Firefox, etc.). Internet connection and browser are not included in this contract of the use of the OrbyPOS plan, they exist independently of OrbyPOS, and the Client is responsible and liable for their existence.

In order to use our software solution, we need a stable internet connection. Recommended Internet speeds refer to at least 20 Mbps as download speed and 10 Mbps as upload speed.

Please check your internet speed and internet connection before concluding this contract and using OrbyPOS, all in order to provide the best possible customer service.

To check, you can ask the customer service of your Internet service provider, or use any available tool on your Internet browser, for example:

– Ookla Speedtest https://www.speedtest.net/

We do not take any responsibility for problems in the operation of the service, which are caused by a bad and slow Internet connection and speeds that are lower than those mentioned above, as well as problems with the Internet browser.

Also, the Client is responsible for adequate protection against viruses and other harmful computer programs that could cause interruption or inability to operate OrbyPOS.

The time you use our website may be chargeable, which depends entirely on your Internet service provider. In no way, we are responsible for the charged compensation for the time of using our website.

We use Adyen online processing payment system.

We especially point out that the Adyen online payment system uses the Android 11 operating system as a system prerequisite, and everything is in accordance with their terms of use. We cannot in any way influence the system prerequisites set by Adyen, therefore we cannot be responsible for or guarantee for non-delivery of the contracted content. Please contact our technical customer service for any doubts, so that the contracted content can work properly.

• Registration and activation of the user account

After concluding the contract on the use of the OrbyPOS plan and accepting these Terms and conditions, the Client must activate his user account in order to use OrbyPOS.

The OrbyPOS system is designed to make registration easy for our customers, with visible step-by-step instructions on the website while registering.

Upon receipt of the fee for using OrbyPOS plan from Service provider, the Client will receive instructions in an email on how to enter their registration information, including the name of the catering facility or business, OIB, address/headquarters, and the password with which to log in into the system.

Certain data, such as the name of the catering facility or business, headquarters and OIB, will be visible on our website, so that your users can familiarize themselves with the services you offer. However, we especially note that we will not disclose your password to third parties and that it will remain hidden all the time, even after the expiration of contract on the use of the OrbyPOS plan, unless we are required to do so by law or serve to enforce the law to protect against fraud or in related security purposes.

Here we must warn that you are all responsible for the security and confidentiality of your password and other personal data. We are not and will not be responsible for any damage caused by accidental or intentional disclosure of your data to third parties.

After registration, you will receive an activation link to complete the account creation to your email address that you entered in the provided field. After clicking on the same activation link and completing the account creation, your user account will be activated.

It is up to the client to determine how many devices he wants this system to be on. By purchasing the plan that the client has chosen in accordance with his wishes, he allows the use of the OrbyPOS system on an exact number of devices and for the duration that was specified for the selected plan at the time of purchase.

After activating the user account, the client will be able to create its own content for its users according to its specifications and wishes.

We are not and will not be responsible for the content posted by the client, especially if the content’s appearance, quantity or any other specification differs from that found on their website/application. Displays, images, etc. are for informational purposes only and may not reflect the actual state of affairs.

By agreeing to the Terms and conditions, the client and its users agree that the content they will publish on our website and/or application will not be illegal, offensive or obscene, nor will it contain malicious software or a computer virus that could affect the operation of the OrbyPOS system. Otherwise, we have the power to remove/delete such content and, if necessary, limit the user account or publication of content.

Please note that in this case, there is a possibility that we will come into contact with certain personal data of the user. We will take special care in protecting your personal data, and you can find more about it in our Privacy Policy.

3.2. Contract duration

The duration of use of the OrbyPOS system depends on the period agreed upon by purchasing a specific plan. The duration of use of the Orby POS plan can be monthly or annualy, all in accordance with the Clients wishes, however it cannot be shorter than 1 month, all in accordance with these Terms and conditions.

3.3. Payment of the fee for using the OrbyPOS plan

By purchasing the plan that the client has chosen in accordance with his wishes, allows the use of the OrbyPOS system on an exact number of devices and for the duration that he desires.

Clients will be provided with several plans, the content of which can vary and be changed. The service provider has the exclusive right to change the content of the plans listed on the website, without prior notice.

There is no maximum number of plans that one client can purchase.

You can see more details about the plans on our website or You can contact out customer service.  

Unless otherwise stated, all prices displayed on our website are in GBP.

Also, all plans prices listed on the website include VAT, and this VAT will be added to the invoice at the end of the purchase.

The fee starts to be calculated from the day of purchase of a specific OrbyPOS plan.

The fee for using the OrbyPOS plan is paid at once, and it can be monthly or annually.

After the Client has chosen the plan that suits him, he will receive an invoice to the e-mail he provided to us with information and instructions for payment and the eventual payment due date, if the payment is not made immediately. In the event that the client does not pay the bill within the specified period, the contract is terminated by force of law, and it should be considered as if it had never been contracted.

If the payment is not made for some reason, we will immediately inform the client about the unrecorded payment. In this case, the right to use OrbyPOS may be limited and/or revoked, until the same payment is recorded on our account.

Payment of the fee for the use of the OrbyPOS plan is made through all permitted ways of payment in the UK, including online payment. You must keep in mind that certain payment methods take longer for the payment to be made to our account.

As an online payment system, we use Adyen for real-time payments, credit and debit cards and other payment methods.

Please bear in mind that If You choose to change the OrbyPOS plan, while the current plan is still not expired, You will not receive the refund of the period that is not used. 

Discounts and promotional offers are the sole right of the service provider.

The service provider has the right to change the prices of the plans listed on the website without prior notice. Price and content changes do not affect previously purchased plans.

3.4. Termination of the contract

The contract concluded for a certain period of time ends with the expiration of the period for which it was concluded, in accordance with the purchased OrbyPOS plan, without the necessary prior notice.

The service provider has the right to unilaterally terminate the contract, by notifying the Client at the e-mail address entered in the system by a unilateral written statement, if the same Client does not comply with the provisions specified in these Terms and conditions and the Privacy Policy, and especially if:

 The client does not pay a fee for use in accordance with the contract

 The client does not respect the copyright of the service provider

The Client uses the OrbyPOS software solution contrary to its purpose and/or the activity the Client is engaged in.

The client uses the OrbyPOS software solution contrary to the capabilities (rules) of the plan he purchased (for example, he uses OrbyPOS on multiple devices)

After the termination of the contract, the use of OrbyPOS will be limited, and the user account will be terminated.

If bankruptcy or liquidation proceedings have been opened against the Client, the bankruptcy administrator or liquidator of the Client is obliged to inform us about the same without delay, as well as to inform us about the desire to continue using the OrbyPOS system, with the necessary changes in the name.

Otherwise, the contract is terminated on the date of opening of bankruptcy or liquidation proceedings.

• Contract termination and refund

We are aware that our clients sometimes find themselves in business circumstances due to which they are unable to use our software solution, or our software solution does not fully meet their business needs.

In this case, our clients have the right, within 14 days, to terminate the contract of the use of the OrbyPOS plan with us, and they are not obliged to give us a reason. The period of 14 days starts from the day of purchase of the OrbyPOS plan.

If you rent or buy a device with the OrbyPOS plan, in accordance with the below-mentioned provisions of the Terms and conditions, the specified period of 14 days starts from the day of delivery of the device to the Client.

You can exercise the right to terminate the contract within 14 days by writing to us at our email address: .  At the same time, you must keep in mind that in e-mail you have to state your explicit and unequivocally expressed will to terminate the contract. Ambiguously expressed will to terminate the contract will not be taken into account, so it will not produce legal effects.

In the event that you terminate the contract with us within 14 days of purchasing the OrbyPOS plan, we undertake to return the entire amount of money to you, within 8 days from the day of termination of the contract. We will make a refund to the bank account from which you made the payment, about which we will inform you separately.

Also, please note that by terminating the contract with us, we will terminate Your user account immediately. Keep in mind that terminating Your user account will not necessarily withdraw delete all Your personal data, and for that please check our Privacy policy so You could exercise the right to delete Your data.

4. RENT OR PURCHASE OF DEVICES FOR USING THE ORBYPOS PLAN

On its website, the service provider offers its clients the possibility of renting or buying a device on which they can use the OrbyPOS plan, for a fee.

Please note that this fee for renting or purchasing a device is charged separately from the fee for using the OrbyPOS plan, all because renting or purchasing the devices we offer is optional. For expediency, both charges may be listed on the same invoice, but should be considered separate items.

There is no maximum number of devices that one client can purchase.

It should be noted that to rent a device, it is necessary to contract an OrbyPOS plan. In this case, the service provider is the owner and remains the owner of the device at all times.

Also, for the purchase of the device, it is necessary to initially contract an OrbyPOS plan. This is all because the devices are primarily intended to enable the best and safest use of the OrbyPOS system, and to facilitate a better presentation of their services to our clients. However, in this case the Client becomes and remains the owner of the Device at all times.

The service provider will also deliver self-installation instructions to the Client along with the device, which the Client must follow. The service provider is not responsible for damage caused to the Client due to non-observance of self-installation instructions.

The Client will be provided with additional assistance with the installation of the equipment and plan of use of OrbyPOS by expert technical persons from the Service Provider’s company or persons hired by the Service Provider, at no additional cost to the Client.

Also, for the correct installation of this device, in certain cases it will be necessary to ensure a stable Internet connection, and it will be especially necessary if an OrbyPOS plan needs to be created on the same device. Ensuring a stable Internet connection is the Client’s duty, and the service provider is in no way responsible for its absence.

• Delivery of the device

We will send the devices by post to the client’s desired address. The time limit of receipt of this device depends solely on the provider of the postal service, which the owner cannot influence. We deliver devices to the entire territory of the United Kingdom and European Union.

4.1. Equipment rental

• Duration of the rental period

The duration of the device rental period depends on the term chosen by the Client when purchasing the OrbyPOS system usage plan. The duration of the rental of the device is unlimited, but it cannot be shorter than 1 month.

• Payment of the device rental fee

Clients will be able to rent several types and models of devices according to their wishes and preferences.

It should be noted that different types and models of devices have different prices. You can find more details about the devices and their prices on our web page.

All device prices listed on the website do not include VAT, so if you are a VAT payer, it will be added to the invoice at the end of the purchase.

The fee will be charged from the day of purchase of the OrbyPOS plan and, in addition, the rental of a certain device.

Payment of the fee for the device is made at once, and it can be monthly or yearly.

After the Client has chosen the OrbyPOS plan and the device that suits him, he will receive an invoice to the e-mail he provided with information and instructions for payment, as well as the eventual payment due date, if the payment is not made immediately. In the event that the client does not pay the bill within the specified period, the contract is terminated by force of law, and it should be considered as if it had never been contracted.

If the payment is not made for some reason, we will immediately inform the client about the unrecorded payment. Only after recording the payment on our account, we undertake to deliver the requested device to the Client’s address specified by him.

Payment of the fee for the use of the OrbyPOS system is made through all permitted ways of payment in the UK, including online payment. You must keep in mind that certain payment methods take longer for the payment to be made to our account.

As an online payment system, we use Adyen for real-time payments, credit and debit cards and other payment methods.

Discounts and promotional offers are the sole right of the service provider.

The service provider has the right to change the prices of the plans listed on the website without prior notice. The price change does not affect previously purchased plans.

• Return of the rented device after the expiration of the OrbyPOS plan

After the expiration of the contract on the use of the OrbyPOS plan, the Client is obliged to return the device he rented with the plan, no later than within 10 days from the date of expiration of the Contract of the use of the OrbyPOS plan, without prior notice from the service provider.

The device must be returned undamaged, packed in the original packaging, by post or in person to the address:   One Click Pay LTD, Business Exchange Centre, 26-28 Hammersmith Grove, London, United Kingdom, W6 7BA.

In case of non-compliance with these provisions, the service provider may charge the Client for this device, as if he had purchased it. In doing so, the Client will be charged the price that was valid for the same device at the time the equipment was returned.

Service provider is not obliged to refund the postage costs, which were charged to the Client when returning the device.

4.2. Buying a device

The service provider, all in accordance with these Terms and conditions, enables the purchase of a device for using the OrbyPOS software solution plan, with the payment of the purchase price (hereinafter referred to as the “fee”).

By purchasing the device, you do not acquire the purchase of the OrbyPOS software solution usage plan, nor the OrbyPOS software solution or any of its parts. The purchase of the OrbyPOS plan is done separately from the purchase of the device.

Considering the above, the fee for the purchase of the device is charged separately from the fee for using the OrbyPOS plan, all because the purchase of the device we offer is optional. For expediency, both charges may be listed on the same invoice, but should be considered separate items.

However, in order to purchase the device, it is necessary to initially contract the OrbyPOS plan. During the duration of the OrbyPOS solution plan and after its expiration, you are and remain the owner of that device.

You can see more details about the prices and types and models of devices and plans for using the OrbyPOS system at our web page.

4.3. Replacement and/or removal of the defect on the device

We are aware that in the increased number of inquiries, it may happen that the delivered device is not in correct or functional condition. In this case, we invite the Client to contact us in writing at our email address info@oneclickpay.co.uk  within 48 hours at the latest so that we can replace it as soon as possible and/or repair the defect.

Our technicians will repair the problem as soon as possible and ensure that you can use the device without interruption, and if the fault cannot be fixed, they will replace the device with a correct one.

If our technicians determine that the malfunction of the device cannot be repaired, and replacement for the same type and/or model would not enable the functionality of the device due to the conditions existing on the Client’s side, the Service Provider offers the possibility of replacement for a more advanced and/or newer model and/or type of device, with the obligation to pay the amount that exceeds the amount of the previously taken device.

If the defect cannot be repaired, nor the device replaced, or the Client does not agree to exchange it for a more advanced and/or newer model/type of device, the service provider and the Client will terminate the contract.

If we do not receive an email from you about the malfunction of the device within 48 hours, we will consider that you received the equipment in orderly and functional condition.

• Warranty

The service provider offers a warranty for the correctness of the device, within the period as follows:

– If the Client rented a device to use the OrbyPOS plans, the service provider offers a warranty on the device for the entire duration of the OrbyPOS plans,

– If the Client purchased the device, the service provider offers a warranty period of 24 months, which period is calculated from the day of delivery of the device to the Client. If the Client continues the use of OrbyPOS plan, even after the expiration of the 24-month period, he/she is entitled to a warranty on the device for the entire period of use of the OrbyPOS plan.

4.4. Return of the device in case of contract termination

We remind the Client in case he exercises his right to terminate the contract on the use of the OrbyPOS plan within 14 days, all in accordance with point 3.4. of these Terms and conditions, and if he also rented a device with the same usage plan or bought the same device and wants to return it, he/she is obliged to return the same device to the service provider, with the option of not specifying a reason.

The period of 14 days starts from the day of purchase of the OrbyPOS plan with which the device was rented or from the day of delivery of the purchased device to the Client.

In the event that within 14 days of purchasing the OrbyPOS plan and renting the device, or from the day of delivery of the purchased device, you terminate the contact on the use of the OrbyPOS plan with us, we undertake to return the entire amount of money, within 8 days from the day of delivered device to us. We will make a refund to the bank account from which you made the payment, about which we will inform you separately. We especially point out that the service provider is not obliged to refund the postage costs, which were charged to the Client when returning the device.

Also, please note that the device must be undamaged, packed in the original packaging, and the same return can be made to the address One Click Pay LTD, Business Exchange Centre, 26-28 Hammersmith Grove, London, United Kingdom, W6 7BA.

Failure to comply with these provisions allows the service provider to charge the Client for this device, as if he had purchased it, at the price that was valid for the same device at the time of its return, and in the case of an already purchased device, it may result in the cancellation of the refund.

5. EXCLUSION AND LIMITATION OF LIABILITY

5.1. Use of the Website and the Solution and application

Use of this website and/or solution and application is at your own risk.

The service provider is not responsible in any way for loss or damage caused by the use or inability to use our website and/or application due to the inability to access the website, problems with the Internet connection, problems with the Internet browser, Internet speed, problems of a security nature (viruses or similar) or any problems with the Client’s computer, which we cannot influence, as well as that our website and/or application and their functioning will be timely, secure, uninterrupted or error-free, or that the same defects will be corrected.

All products and services listed on our website and/or solution and application  depend on the availability of products and services of our clients, which we cannot influence. Considering the same, we are not responsible for their unavailability, so we invite Users to contact our clients directly for their inquiries, complaints or comments.

We are not responsible for the accuracy or correctness of the information listed on our website and/or application, the accuracy or correctness of the products and services, as well as the accuracy of the colors or designs of the products and services listed on our website and/or solution and application. We have made special efforts to ensure to Users that the products and services, as well as their colors and designs, are displayed as accurately as possible on our website and/or solution and  application.

The service provider is not responsible for the loss of data of Clients and users. The Client and the User are obliged to notify us immediately at the contact details specified in point 13 of these terms and conditions, all in order to respond in a timely manner and provide them with the best possible customer support, and to avoid and eliminate the possibility of abuse and violation of these Terms and conditions.

You agree not to attempt to interfere with the network or security features of our website or gain/use unauthorized access to our systems.

5.2. System update

The service provider will carry out regular updates of the OrbyPOS software solution in order to provide the best possible customer service, eliminate possible operational errors, and ensure protection against abuse and fraud. Clients and users are obliged to enable and allow regular updates of the OrbyPOS solution.

During the update, it may happen that some features will not be available, or their operation will be limited. The service provider will try to carry out updates at times when it is most convenient for the client and his/her users. In some cases, Clients will determine the update time themselves. However, the service provider does not guarantee or be responsible for the time of the update, for data loss or damage that may occur during or after the update, or for connection interruptions during the update.

These system updates are necessary to protect our clients and users from possible misuse and harmful computer programs (viruses, software errors/bugs, etc.). bear in mind that the service provider will not be liable for any damage and/or lost benefit, which would result from the inability to operate the OrbyPOS system.

5.3. Force majeure (Vis maior)

The service provider is not responsible for the non-fulfillment of any obligation specified in these terms and conditions, if the non-fulfillment is caused by a force majeure event (which is defined as an event beyond the control of the contracting parties and independent of their will) and which directly affects the fulfillment of the obligations of the contracting parties based on this of the contract. Such non-fulfillment must not be caused by the carelessness of either the Service Provider or the client, that is, such an event could not have been foreseen, prevented, avoided or eliminated. The affected party is obliged to immediately, without delay, inform the other party in writing about the occurrence of the force majeure event, as well as the termination of the force majeure period.

Force majeure events include, but are not limited to, natural disasters, war, insurrection, riot or martial law, strike, work slowdown, boycott or other industrial action, restrictions imposed at the legislative level.

In these cases, the contracting parties will do everything reasonably and with joint efforts and communication to fulfill all obligations from the Contract.

If an event of force majeure prevents the affected party from fulfilling only part of the contract on the use of the OrbyPOS plan and/or device rental, and that part is not crucial for the execution of the contract as a whole so that the affected party can carry out its activity and fulfill the purpose of the contract, the same party will continue to fulfill their obligations in the part not affected by force majeure.

In doing so, the affected party shall without delay inform the other party of the obligations it cannot perform with an estimate of the period for which it will be unable to do so.

In the event of force majeure, the terms specified in the contract will be adjusted by mutual agreement and communication between the parties, however, if the event of force majeure lasts longer than 30 (thirty) days, the parties may terminate the Agreement with immediate effect, after one party notifies the other in writing.

5.4. Damage

The service provider is not responsible for any damage and/or loss of profit, loss of obligations, non-compliance with the terms and conditions, and costs incurred as a result of improper use of the website and/or application by the Client and user.

5.5. Exclusion of responsibility due to system prerequisites of the client

The service provider takes no responsibility for problems in the operation of the website and/or application, which are caused by problems with the Internet browser and poor and slow Internet connection and speeds that are lower than those specified in point 3.1. of these Terms and Conditions.

Also, the Client and the user are responsible for adequate protection against viruses and other harmful computer programs, which could cause interruption or inability to operate OrbyPOS.

5.6. Exclusion and limitation of liability due to malfunction of the device

The service provider is not and will not be responsible for the malfunction of the device or its components, which occurred as a result of improper and unauthorized handling, handling contrary to the self-installation instructions, contrary to the service provider’s instructions, or misuse of the device. Also, it is not responsible for damage, destruction, or failure of the device after the expiration of the warranty periods, which are specified in point 4.3. of these Terms and Conditions (Warranty).

The risk for accidental failure or damage to the device or its components is taken by the Client, after handing them over to his possession and use.

The service provider is not responsible for the loss of any of the device installation files. We are aware that such cases are still possible, so in that case, we invite the Client to contact us as soon as possible using the contact information specified in point 13 of these Terms and conditions, in order to eliminate the disturbance as soon as possible and enable you to work without interruption.

 5.7. Links to other pages 

We strive to provide the best possible user protection and the most pleasant, easy and transparent user environment. In doing so, we can also share web links  of other pages. Use of these links and sites is at your sole risk and responsibility.

We do not respond to, endorse or control any website linked to our website or application, nor do we respond to, endorse and/or control the content of those websites, the third parties listed on them and their products and services.

6. USER SUPPORT AND TRAINING

The service provider undertakes to provide free customer support to its clients and users.

We also provide the possibility of free training and/or demonstration of the website/solution and application and equipment to our clients and potential clients and users, upon their written request.

Accordingly, we invite you to contact us in writing at the contact information specified in point 13. of these Terms and conditions or via the contact form on our OrbyPOS website.

You must keep in mind that in the case of a large number of inquiries, it is possible to wait longer for our response.  We will try to provide you with appropriate customer support as quickly and up to date as possible.

The service provider, at its discretion, may engage other persons authorized to handle your inquiry, training and demonstration, but ensuring the same level of service. The costs for its execution are covered by the service provider.

7. TRIAL PERIOD

In order to familiarize yourself with OrbyPOS, and to achieve business cooperation with us, or to improve your customer services, we offer the possibility of a trial period of using the basic and/or Premium plans of the OrbyPOS software solution. The trial period will be limited to 3 days.

Custom Plans can not be used for trial period, because they are made in regards to the clients wishes. 

Device rental is not included in the trial period.

Considering the same, if you are interested in the same, we invite you to contact us at the email address specified in point 13 of these terms and conditions.

8. MANTAINING CONFIDIALTY AND PROTECTION OF PERSONAL DATA

Parts of the OrbyPOS software solution related to performance and functionality (e.g. the source code of the software solution) are protected as a business secret of the service provider. The Client undertakes to keep the relevant parts confidential and will not sell, license, publish, display, distribute, disclose or otherwise assign the confidential information to any person or use the confidential information except as authorized by contract. The client undertakes to protect the business secret of the service provider and bears the risk of liability for the before mentioned.

OrbyPOS is committed to protecting your data. See our Privacy Policy to find out how we collect, use and share your personal information.

9. COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION

You are bound to use our website and/or  solution and application for purposes permitted by law and respecting our rights and interests prescribed by these Terms and conditions.

It is forbidden to use our site contrary to these Terms and conditions, as well as for purposes prohibited by law, especially, but not limited to, contrary to any provision on the protection of personal data, protection of intellectual property rights, etc.

Public display, publication, transmission, modification, reproduction, participation in transmission or sale, distribution, copying, uploading and any other type of use of the content of this website and/or solution and application as well as any part thereof without the express prior written permission of the rights holder is prohibited. and the owner of this website and application.

Also, it should be noted that the information, documents and/or displays published on this page/ solution or application cannot be duplicated, reproduced, sold or used without the express permission of the owner of this page.

If we believe that our rights are threatened and/or violated, we have the irrevocable right to contact authorities in order to process them.

Transferring the right of exploitation from the Client to another as part of the entire business or part of the business without the consent of the service provider is prohibited. The client and the acquirer of the right of exploitation are jointly and severally liable to the service provider for all damages that could arise from the provisions of this article.

The client is prohibited from copying, selling, renting, sub-licensing or allowing other persons to do so, the OrbyPOS software solution or any part of it.

The client is prohibited to change, supplement, modify, decompile, or use the OrbyPOS software solution or any part of it in any way that is not in accordance with this Agreement, instructions from its owner, terms of use, or in any way reduce the proprietary or copyright or other intellectual property rights.

10. VIOLATION OF THE TERMS AND CONDITIONS

By accepting these terms and conditions, you agree not to use our website and/or solution and application to engage in any activity that would constitute a civil or criminal offense or a violation of any law, as well as a violation of these Terms and conditions.

Otherwise, we are authorized to contact authority bodies and courts in order to protect our interests.

11. DISPUTE RESOLUTION AND GOVERNING LAW

To all contractual relations arising from the use of the OrbyPOS software solution or the rental or purchase of devices from the company One Click Pay LTD apply the legal rules that are valid in the England and Wales (without regard to conflict of laws principles).

We will try to resolve any potential disputes arising from these Terms and conditions or the Privacy Policy peacefully and by agreement, in joint communication with you.

In the event that the same is not possible, disputes will be resolved on the competent court in London, UK .

12. FINAL PROVISIONS

12.1. Separability and salvatory clause

If it is subsequently determined that any of the provisions of these Terms and conditions is invalid, illegal or unenforceable, this will not have an impact on the other provisions of the Terms and conditions, such provision will be separated to that extent from the remaining provisions of these Terms and conditions, which will continue to be valid and enforced to the fullest extent permitted by law.

The service provider undertakes to replace the invalid or unenforceable provision of the Terms and conditions with a valid one, which will, to the greatest extent possible, correspond to the goals and purpose that was intended to be achieved by the provision that is determined to be void or unenforceable, i.e., the goals and objectives that the Service Provider and the Client as a whole intended to achieve.

12.2. Change and update of terms and conditions.

The service provider reserves the right to change and update these terms and conditions at any time. Any changes will be publicly announced and available on the OrbyPOS website and/or the home screen of the application.

The above-mentioned changes will take effect on the day of publication on the OrbyPOS website.

12.3. Entry into force

These terms and conditions are effective and valid from 18th of January 2024.

13.CONTACTS

We believe that only through mutual communication can we jointly reach a solution and a better and more pleasant user experience. Accordingly, we invite all our clients, potential and future clients and users to contact us in case of questions, requests or remarks at the contact details: info@oneclickpay.co.uk