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Effective Date: March 7, 2024
Automatic Recurring Billing Agreement between Smart POS Inc (“Smart POS Inc”) and the organization using Smart POS Inc (“Your Organization”) including the person acting as the owner (“You”) for Your Organization and/or the person acting as the billing contact (“Billing Contact”) for Your Organization.
Please read this agreement carefully and in full before agreeing to create an account for Your Organization and authorize recurring payments. Please verify that all information provided is complete and accurate before confirming Your agreement.
The guidelines by which Smart POS Inc calculates its fees is outlined in the Billing Terms available at https://indicaonline.com/terms-of-service. By entering into this agreement, you also agree to the Billing Terms in their entirety. This document is also pursuant to all of the Terms of Use of Smart POS Inc as outlined at https://indicaonline.com/terms-of-service/.
It is very important to understand that you will not receive a notice from IndicaOnline that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Pacific Time on the last day of your free trial period.
All plans are billed monthly (“Period”), on the first day of the Period for the upcoming Period. The first period begins 14 days upon creation of the account and will include any applicable one-time fees as well as pre-payment of the first Period’s service. The Billing Contact will receive a confirmation email at the conclusion of each Period at the email address specified for each of you. You will not receive any advance notice of a payment but You and the Billing Contact will receive post-payment confirmation by email. You and the Billing Contact will also receive confirmation by email if there is no balance or a negative balance on the account at the conclusion of each period.
At the beginning of each Period, payment will be charged for the upcoming Period’s service as well as any usage charges incurred during the previous Period. Usage charges are billed according to the parameters specified for each event or store on the date and time that the payment is charged.
Smart POS Inc supports payment via three methods: Credit/Debit Card. Recurring credit/debit card payments are processed securely through a partnership with Recurly (https://recurly.com/). Credit/Debit Card payments are processed automatically as described in the “Frequency of Payments” section. Invoices are due upon receipt.
By entering or changing your payment method’s information on Your Organization’s Billing page, you are authorizing Smart POS Inc to process payment each period as outlined elsewhere in this document. Payment methods can be changed at any time from Your Organization’s Billing page.
Payment will be retried according to the following schedule at the beginning of each period: One (1) day after first failure, one (1) day after the second failure, one (1) days after the third failure, then one (1) day after the fourth failure. If Your automatic recurring payment is declined or fails for any reason on the fifth and final attempt, You and the Billing Contact will be contacted via email at the address provided for your organization and Your Organization’s account will be suspended and deactivated so that no further activity or sales can occur from within Smart POS Inc. You may log in at any time prior to your account being deactivated to correct or change the payment information on the Organization Billing Page. Upon correcting the payment information, the previously failed payment amount will be re-attempted, but future Periodic billing dates will not change from their originally scheduled cycle.
You have the right to change your payment method or withdraw your consent to this Automatic Recurring Payment at any time. To cancel Your Organization’s account, a written cancellation request must be submitted to support@indicaonline.com no less than 30 days prior to the desired cancellation date. Verbal requests for cancellation will not be accepted or considered valid.
Upon receipt of the written cancellation request, Your Organization’s account will be scheduled for deactivation 30 days after the request is received. You will be logged out, and all other user accounts will be prevented from logging in, effective from the date of deactivation. The account will be processed for cancellation immediately upon the effective date of deactivation, but no charges will be refunded, and any overages or other charges incurred up to the point of cancellation will be charged to the currently selected payment method at that time. No refunds for negative balances will be issued.
You may reopen Your account at any time by contacting Smart POS Inc customer service at support@indicaonline.com. At this point, Your Organization’s account will be reactivated and a new billing cycle will be established. You will be billed any applicable one-time fees as well as the first Period’s pre-payment for that Period (often no charge). Billing will continue under the guidelines described above just as if a new account had been created.
If You would like to change Your payment method, You may do so at any time on Your Organization’s Billing page in your IndicaOnline account. The change will be processed immediately and any future payments will be charged to the updated payment method. If there were pending/failed charges on the old payment method, they will now be immediately charged to the new payment method.
You may change plans up (upgrade) or down (downgrade) to any other available plan at any time from Your Organization’s Billing page within Smart POS Inc. All plan changes happen immediately and take effect immediately and are retroactive to the beginning of the current Period, therefore any overages will be calculated at the end of the current Period based upon the parameters of the newly selected plan. Any increases or decreases in charges will be incremental based upon the difference in the newly selected plan and the previously selected plan. No refunds will actually be issued to the specified Payment Method in the case of a credit. Any negative balances will be carried forward to the next Period and applied to the next Period’s invoice total.
Smart POS Inc reserves the right, in its sole discretion, to change the Automatic Recurring Billing Agreement outlined herein. The most current version of this Agreement will supersede all previous versions and are effective according to the date that the commit was issued.
The account being created may be terminated at any time by You or an approved agent acting on Your behalf by canceling according to the terms set out previously in this agreement. There is no penalty for cancellation nor is there any requirement to keep the account active for any length of time. This account may also be terminated without notice at the sole discretion of Smart POS Inc if any of the terms set out in this agreement or in the Smart POS Inc Terms of Use or Privacy Policy are violated or abused.
This Agreement is not transferable outside of Your Organization and must be agreed to by the person authorized on the Smart POS Inc account (You), by checking “I accept these terms” when You create Your Organization’s account. You also guarantee and warrant that You are the legal accountholder for this credit card or checking account, and that You are legally authorized to enter into this recurring billing agreement with Smart POS Inc. You agree to indemnify, defend and hold Smart POS Inc harmless, against any liability pursuant to this authorization. You also agree that You will not dispute any charges from Smart POS Inc unless You have already attempted to rectify the situation directly with Smart POS Inc and those attempts have failed. Lastly, You agree to all details of the plan You have selected and agree to be bound by those parameters.