PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Forte Payment Systems, Inc., hereinafter referred to as "Forte". The collective work includes works that are licensed to Forte Payment Systems, Inc.. Copyright 2017, Forte Payment Systems, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Forte or purchasing Forte products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Forte or to purchase Forte products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Forte executive management in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Forte Payment Systems, Inc. used in the site are trademarks or registered trademarks of Forte, or suppliers of Forte in which case Forte claims no ownership to the intellectual property or trademarks of other organizations.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied unless otherwise noted on the specific product. To the fullest extent permissible pursuant to applicable law, Forte disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Forte does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Forte does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Forte shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Forte has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Forte product is mistakenly listed at an incorrect price, Forte reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Forte reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Forte shall issue a credit to your credit card account in the amount of the incorrect price.
Term & Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, purchase or shopping process. These terms and conditions, or any part of them, may be terminated by Forte without notice at any time, for any reason in our sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Forte may deliver notice to you by means of e-mail, a general notice on the site, a general notice through another Forte site, a general notice through Forte's social media channels, or by other reliable method to the address you have provided to Forte.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Forte products) shall be in the state or federal courts located in Collin County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Forte products) must be commenced within one (1) year after the claim or cause of action arises. Forte's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Forte may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
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Forte does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Forte is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Forte reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Forte in its sole discretion.
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Forte Payment Systems, Inc.
500 West Bethany Drive, Suite 200
Allen, Texas 75069
All sales, purchases and rentals are subject to the following terms and conditions:
This Equipment Agreement (the “Agreement”) is made by and between you, as an authorized representative of the Merchant placing the order (“MERCHANT”) and Forte Payment Systems, Inc. (“FORTE”) (collectively referred to as the “Parties”) and is effective on the date MERCHANT placed the applicable order for equipment through FORTE’s online equipment portal (“Effective Date”). The Parties agree to the following terms and condition as applicable:
Equipment includes terminals, printers, readers and accessories listed on the approved order receipt based on the order placed by MERCHANT through the FORTE online equipment portal on the Effective Date.
Subject to the terms of this Agreement, MERCHANT may opt to obtain Equipment by one of two means: (1) to purchase Equipment from Forte, or (2) to rent or purchase Equipment from a third party. Merchant may choose to combine purchased or Third Party Equipment (as defined below) on an item-by-item basis, in which case the appropriate section below will apply to the individual item of Equipment that is purchased or provided.
2. EQUIPMENT PURCHASE
3.1 PURCHASE PRICE: MERCHANT agrees to pay to FORTE the purchase price of the Equipment as listed on the approved order receipt relating to the Equipment ordered by MERCHANT through FORTE’s online equipment portal. MERCHANT specifically authorizes FORTE to debit MERCHANT’S designated bank account or credit card in order to collect the agreed upon purchase price payment owed to FORTE pursuant to the terms herein. If approved by FORTE in advance, MERCHANT may select the “Invoice by approval” option, in which case FORTE will invoice MERCHANT and MERCHANT agrees to expeditiously pay the full purchase and shipping costs, plus any applicable taxes.
3.2 OWNERSHIP: The Equipment, upon full payment of purchase price by MERCHANT, transfers to the exclusive property of MERCHANT.
3.3 DELIVERY: MERCHANT will be responsible for all expenses and costs of shipping the Equipment upon purchase. MERCHANT may opt for expedited shipping at an additional cost to Merchant.
3.4 CONDITION OF EQUIPMENT: MERCHANT is required to inspect the Equipment immediately upon delivery and advise FORTE of any defects or faults in the Equipment. If MERCHANT fails to notify FORTE of any defects or faults in the Equipment within one (1) business day of delivery, the Equipment shall be deemed to have been delivered in excellent working condition free from defects and faults.
3.6 EQUIPMENT RETURN POLICY: Forte will provide the MERCHANT full credit for a purchased device if the device and power cord is returned to FORTE within sixty (60) days of the date of purchase and the device is in full working condition. The device must be delivered to FORTE in the same box in which it was shipped and must include the power cord. Upon receipt of the device FORTE will ensure that the device and power cord are in full working condition. If the device meets FORTE’s return requirements, FORTE will issue a refund in the same form by which the payment was received (i.e. via ACH, check or a credit will be processed on the same credit card that was charged initially) within forty-five (45) days of receiving the equipment minus a $25 restocking fee. If the device is found to be faulty upon return and does not meet the return requirements, FORTE will not issue a credit to the MERCHANT for the equipment.
3.5 MAINTENANCE, DAMAGE AND LOSS: From the date of delivery and affective acceptance of the Equipment, MERCHANT will, at MERCHANT'S sole expense, keep and maintain the Equipment clean and in good working order and repair. Except as otherwise may be covered by any manufacturer’s warranty, if any, MERCHANT agrees that it shall be solely responsible for any and all damage to the Equipment, including ordinary wear and tear.
3.6 WARRANTY: For a period of one (1) year from the date of purchase of the Equipment (“Warranty Period”), FORTE warrants the Equipment shall be free from defects in material and workmanship.
3.7 WARRANTY SUPPORT: FORTE will provide remote technical support for installation and operation of the Equipment at no additional cost to MERCHANT provided that MERCHANT maintains an active processing relationship with FORTE. If at any time during the Warranty Period the Equipment malfunctions, MERCHANT should contact FORTE’s Technical Support department at 866-290-5400 or by email at email@example.com to resolve the problem. If the Technical Support department determines that they are unable to resolve the issue and it is not attributed to a cause that is excluded from this Warranty, FORTE will ship a replacement piece of Equipment to MERCHANT at FORTE’S expense. Within five (5) days of receipt, MERCHANT will be responsible for packing and returning the defective unit to FORTE, using a Return Merchandise Authorization Number (RMA#) requested from FORTE.
3.8 REMEDIES: FORTE’s sole obligations and MERCHANT’S exclusive remedies with respect to the Equipment determined to be defective shall be limited to repair, replacement or refund of the purchase price, at FORTE’s option. Replacement may constitute, at FORTE’s option, a new, refurbished or functionally equivalent piece of equipment. If it is determined that Equipment returned for replacement is working properly or if it is determined that the Equipment failure was caused by MERCHANT’S failure to operate and maintain the Equipment in accordance with the applicable user’s manual, FORTE is authorized to charge MERCHANT the cost of the replacement Equipment based on the current list price for the Equipment provided. All remedies are expressly conditioned upon MERCHANT’s compliance with its obligations herein, including maintenance of the Equipment according to operating instructions and guidelines. If MERCHANT fails to comply with applicable operating instructions and guidelines, MERCHANT shall bear the full cost of any service, including but not limited to shipping, repair, replacement and return.
4. MERCHANT PROVIDED EQUIPMENT
MERCHANT may choose to purchase or rent equipment from parties other than FORTE. In such case, FORTE will check the provided equipment for basic conformity with the required specifications, but makes no assurance that equipment acquired through a third party (“Third Party Equipment”) will work properly with FORTE’s Systems, Services and Equipment. MERCHANT agrees to pay a non-refundable fee at the current published rate for the evaluation (“Evaluation Fee”). MERCHANT understands and agrees that FORTE does not promise that Third Party Equipment will function optimally with the FORTE Systems and Services, However, should FORTE determine that the Third Party Equipment is compatible with the FORTE Systems and Services, then MERCHANT hereby irrevocably grants FORTE the right to install its Software on the Third Party Equipment, and to update, modify or replace all or part of the non-FORTE provided software (if any) that is installed on the Third Party Equipment when provided to FORTE, as necessary to support the FORTE Services. Except as specifically stated in this Equipment Agreement, FORTE will not be responsible for any failure, speed or adequacy of Third Party Equipment, for performance of FORTE Services on Third Party Equipment or for repair or replacement of any Third Party Equipment. FORTE may elect to support certain Third Party Equipment in its sole discretion. In the event that the Third Party Equipment is inoperable or deemed incompatible, in the sole discretion of FORTE, such equipment will be returned to Merchant for a suitable replacement and MERCHANT acknowledges that the Review Fee is non-refundable for services provided.
5. UNIVERSAL TERMS
5.1 SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
5.2 BINDING EFFECT: The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
5.3 WAIVER: The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
5.4 ASSIGNMENT: Neither this Agreement nor MERCHANT’S rights hereunder are assignable except with FORTE’S prior written consent.
5.5 INDEMNIFICATION: Except for damages, claims or losses due to FORTE’s intentional acts or negligence, MERCHANT, to the extent permitted by law, will indemnify and hold FORTE and its agents, employees or affiliates, free and harmless from any liability for losses, claims or damages, including to MERCHANT, arising from MERCHANT using and possessing the Equipment or from the acts or omissions of any person or persons, including MERCHANT and its agents, employees or affiliates, using or possessing the Equipment with MERCHANT’S express or implied consent.
5.6 WARRANTY LIMITATIONS: FORTE MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, BEYOND THOSE EXPRESSLY STATED HEREIN. FORTE’S WARRANTY IS EXCLUSIVE, AND FORTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ANY EQUIPMENT, SOFTWARE OR SERVICE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ANY EQUIPMENT, SOFTWARE OR SERVICE. FORTE DOES NOT WARRANT THAT THE EQUIPMENT, SERVICE OR SOFTWARE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION, AND EXCEPT AS OTHERWISE PROVIDED IN THE EXPRESS WARRANTIES MADE HEREIN, THE EQUIPMENT AND SOFTWARE ARE PROVIDED “AS IS”. FORTE SHALL HAVE NO LIABILITY TO MERCHANT FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS OPPORTUNITIES, OR DAMAGES FOR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE BY MERCHANT OF ANY EQUIPMENT OR SERVICE.
5.6 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
5.7 NOTICE: Any legal notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to each party at its designated corporate office. Either party may change such designated address from time to time by providing written notice, including electronic mail, of a change so long as an authorized agent of the party provides the notice.
5.8 ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both FORTE and MERCHANT.