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PURCHASE AGREEMENT TERMS & CONDITIONS

Please read the following Terms and Conditions carefully.
The purchase and/or use of our PRODUCTS and/or SERVICES implies that you have read and accepted these Terms and Conditions.

 
1) The PRODUCTS & SERVICES we Offer
We (Sintel Systems) are a company providing Pre-configured POS Systems as well as Surveillance equipments including professional installation and professional support.

International Customer
All taxes, fees, customs, brokers fees, and any other charges imposed by foreign government and states is the sole responsibility of the purchaser. Sintel Systems does not charge or withhold any taxes, fees, customs, broker fees, and any other charges imposed. Sintel Systems will package and ship the ordered equipment with a customs declaration page and invoice enclosed in the package to the international address provided by the purchaser. It is the customer's responsibility to understand all local governing laws and regulations regarding the import of items purchased Sintel Systems. The purchaser may have to hire a customs broker and pay all associated fees to clear the products from the local customs officials. Customers are encourages to contact their local officials regarding regulations, taxes, and imposed. Sintel Systems is not responsible for any delays associated with customs or failure to pay government fees and taxes for release of purchased merchandise.

It is also the purchaser's responsibility to understand all other regulatory laws and regulations concerning the use of items purchased from Sintel Systems including compatibility of products and systems with local standards. Sintel Systems does not take any responsibility for items purchased by the customer, but inconsistent with local regulations or standards. Customers are encourages to fully understand local regulations and standards before purchase. Customers who discover any inconsistencies after purchase are encouraged to immediate contact Sintel Systems and seek available options including return of merchandise to Sintel Systems according to "Our Refund Policy." Please note that Sintel Systems must be contacted within seven (7) of receipt of equipment if a refund is desired and all returns must be accompanied by a return merchandise authorization (RMA) number. No exceptions will be allowed.

Out of State Customers
Sintel Systems does not collect taxes for states within the United States. It is the responsibility of the purchaser to pay all fees and taxes for the purchasers state of residence. Purchaser's need to contact their local taxing agencies concerning any taxes or fees due on purchases made from outside the purchaser's state.
2) Shipping & Delivery
Equipment purchased from sintelsystems.com will be delivered once full payment on order has cleared. Packages requiring additional software setup and configuration may be shipped in parts. Peripherals are shipped separate from System CPU or System Digital Video Recorder. Delivery time is dependent on system requirements, delivery location, and shipping quantity and size.
3) Free Shipping
Free Commercial Ground Shipping is offered on all Complete System Packages. POS Complete packages must include POS System Hardware, Software, & Peripherals such as: Cash Drawer, Magnetic-strip Card Reader, Customer Display, & Printer. Complete Surveillance (Security Cameras) Systems must include DVR, Cameras, and Installation Material consisting of Cables & Power Supply. Residential or Home Ground Shipping is not included and will require that shipping rates be applied. Free Shipping only for orders shipped to the 48 contiguous states excluding Alaska, Hawaii and all US Territories and Islands.
4) Payment Method & Important Notice
Sintel Systems accepts payments in the following manner:
 
1. Direct Deposit/Transfer of Funds/Wire Transfer - Product eligible for shipment upon receipt of funds. Sintel Systems will provide the needed information.
 
2. Bank or Financial Institution Issued Cashier's Check - Product eligible for shipment within two (2) days of receipt and deposit of check. Unpaid return checks for any reason will be subject to $50 fee.
 
3. Company or Personal Check - Products will be shipped after the check clears Sintel Systems bank typically 10 days after deposit of check. Unpaid return checks for any reason will be subject to $50 fee and any additional charges set forth by financial institutions.
 
4. Credit Cards - Product eligible for shipment within two (2) days of charge.

Important Notice to customers using credit card or charge card for the purchase of goods and services from Sintel Systems. Authorized returns within the prescribed timelines and within the terms and conditions of purchase on this page and in this document, will receive the appropriate return to the credit card used for purchase within 10 days of receipt and inspection of returned items. All customers must review Sintel Systems return policy on this page as part of the purchase agreement.

PLEASE READ CAREFULLY. Any customer who attempts to circumvent this the purchase agreement and initiates a chargeback request by disputing the charges with their respective bank or credit card company in direct violation of the terms and conditions of purchase and a breach of contract. If their bank withholds funds or withdraws funds from Sintel System directly as a result of the chargeback, the party taking this action will be subject to the following: 1) A $10 per day surcharge for every $1000 of funds withheld or withdrawn from Sintel Systems. [Example, customer wrongfully disputes a $2,000 charge and the bank withdraws funds from Sintel System until Sintel Systems proves the dispute invalid and receives the funds back 20 days later. The customer will be charged (20 days x $10 x 2) $400 in surcharges.] 2) The disputing party will be responsible to Sintel Systems for time and resources spent by Sintel Systems financial and legal department at a rate of $375 per hour. The typical dispute response takes six (6) to eight (8) hours plus $200 in printing, expedited shipping, and communication cost. On average, the cost will be $2,450 -$3,000 and the customer will be billed directly. 3) The customer will be barred from ever utilizing a charge or credit card to make purchases from Sintel Systems. 4) Any direct or indirect damage from customers improper initiation of a chargeback will be the responsibility of the customer. 5) Fraudulent attempts at chargeback will be referred to local and federal law enforcement for prosecution and will be subject to criminal charges. Fraud includes, but is not limited to, unlawful use of charge cards, falsely stating that the product(s) was not received, and falsely claiming that product(s) were returned to Sintel Systems. 6) Sintel Systems is entitled to all legal and attorney's fees in attempting to collect all charges and fees. Notice is hereby given that Sintel Systems will protect all of its interest at law and in equity. All legal actions will be filed in the Superior Court of California in Los Angeles County regardless of the venue of product sale.
5) Order Processing
Orders will be processed in the order received. Payments by mail will be processed same day received and products will be shipped out once payment has cleared. POS System orders generally take up to five or more days depending on order size. Rush orders requiring same day shipping will be processed with a reasonable fee with respect to order size. See package options for rush order pricing.
6) Privacy and Security Policy
Sintel Systems reserves the right to identify an individual by using personal information. This information includes, but is not limited to, your first and last name, your home or other physical address, your electronic mail address, your credit card number and other similar information. When you visit our web site (www.SintelSystems.com) and any affiliate or successor site, Sintel Systems will ask you for and collect personal information from you in order to provide products and services you request. In addition, we may use the information to communicate with you, provide customer service and support to you, send e-mails and information about us; and for internal marketing and promotional purposes.
7) Refund-Exchange-Cancellation Policy
Sintel Systems is committed to excellent service and therefore we attempt to communicate with customers regarding their needs prior to the sale and shipping. This is to ensure satisfaction and diminish the need for returns. In the rare instance when a return is requested, please not the following: Seven (7)-day return period from time of receipt or pickup of products available on all eligible products. Point of Sale (POS) equipment, Surveillance (Security Cameras) Equipment, Phone Systems, Alarm Systems, and all other equipment including hardware, accessories, peripherals, parts, and software that is unopened, and still in its sealed original package or, if delivered electronically, that has not been downloaded, may be returned within 7-Days from the date of delivery for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Five (5) percent (%) Restocking Fee on unopened boxes. Ten (10)% Restocking Fee on opened boxes with all equipment in original sealed condition. Twenty (20) % Restocking Fee on non factory boxes (items returned not in their original boxes). Sintel Systems reserves the right to deny any refund on items, including sensitive items (Touch Screen POS, Scales, Security cameras which require proper factory boxes for protection, which are not returned in their original boxes and/or are returned damage. Sintel Systems may also choose to implement a higher restocking fee for items returned not in original condition.

Note: Returns on purchases eligible for free shipping will be assessed the shipping and handling fee paid by Sintel Systems. The fee will be deducted from the refund.

How to initiate a return: Customer must initiate and communicate with Sintel Systems to request to return any item within seven (7) days of receipt of item(s) by contacting Sintel Systems (972-767-8324 and requesting Return Merchandise Authorization (RMA) number. The customer must inform Sintel Systems within seven (7) days of receipt of product of intention to return or Sintel Systems reserves the right to refuse any return request beyond the seven (7) day period. After obtaining the RMA, the customer must ship all authorized equipment back to Sintel Systems within 10 days via tractable means. Sintel Systems is not responsible for damage during shipment and recommends customers purchase shipping insurance. Customer is responsible for shipping and insurance cost for authorized return equipment. Original shipping and handling costs and applicable restocking fees will apply to all returns and deducted from final refund.Customers should retain all packaging for all returns and also facilitated shipping of warranty related needs.

Customers must allow 4 - 6 weeks for processing of refunds, but extended periods may be required for products which are returned in damaged condition and/or not returned in original boxes. Products within packages are not eligible for individual return unless approved by Sintel Systems. These components if eligible for return will reflect the package price and not necessarily the purchase price due to discount provided on packaged deals. Unless customer has a separate agreement with Sintel Systems, or if the product was returned to Sintel Systems without prior authorization, it will be considered an unauthorized return, and the customer will not receive credit for the product. Sintel Systems will not ship unauthorized products back to the customer. The customer must pay for shipping cost for unauthorized returns. Cancellations prior to the product being shipped will be accepted without charge. A 5% Cancellation Restocking Fee and shipping fees will be charged for all cancellations after product has been shipped. Refunds for cancellations will only be issued once all components have been returned or accounted for. If product has already been shipped customer will be responsible for all shipping and handling charges along with the 5% Cancellation Restocking Fee.

Why are there a time restrictions to return equipment purchased from Sintel Systems? This policy is mostly intended for the customer's protection and to keep the cost low for all our customers; however, here are some details.

1. The policy is intended to keep cost down for all customers. For this reason Sintel Systems staff invest time in fully understanding a customer's needs and answering questions to ensure that any customer is obtaining the needed products and services to diminish the needs for returns. The overall cost of products and services increase with increased returns.

2. Most all of our products are accompanied by manufacture's warranties which Sintel Systems facilitates if the customer maintains their support plan. The warranty commences form the day the customers receives the products. For this reason, products returned to Sintel Systems are not resold to other customers because the product's warranty period has commenced. Items returned to Sintel Systems are returned to the manufacturer for testing and warranty replenishment. Our agreement with our manufactures entails time restrictions for returns which allows us to pass the savings onto our customers. As an example, one of the most sensitive products in our line are scales used with our point of sale (POS) systems. This is the reason scales are shipped in oversized and heavily protected/cushioned boxes. It would not be unsafe to resell a scale that has been shipped to a customer, possibly opened, installed, repackaged, and shipped back to Sintel Systems. This product needs to be returned to Sintel Systems within a total of 17 days (7 day RMA and 10 day shipping) from receipt to allow Sintel Systems to return the item to the manufacturers. We are not able to remedy this matter if the product is not returned within the above prescribed timelines and will not accept returns beyond the allowed time period.

3. The requirements of returning products is the policy of Sintel Systems and part of our agreement to sell products and services to our customers. We reserve the right to amend this agreement without notice; however, we always proceed with our customers best intention in mind.

Refund on Partial ReturnsItems offered by Sintel Systems may be offered as packaged deals including point of sale (POS) systems that are comprised of hardware, software, and other accessories. The sum of the listed price of the items may be greater that the package price offered by Sintel Systems. In instances when an authorized return is for one or more components of the package, the package will be priced back to its list price by component and then a refund issues. Example: A customer purchases a frozen yogurt point of sale system with an all-in-one POS station, software, scale, and support & service. Then the customer decides to return the POS system within the allowed refunds period described on this page and in this document. The customer fails or decides not to return the software and accompanying software licenses. In this case, the list price of the software license will be deducted from the total refund.
8) Limited Warranty
Sintel Systems is committed to providing highly professional and excellent customer service. We stand behind every product and service we provide. Sintel Systems products and system packages include standard manufacturer's warranty from the date of purchase directly through the manufacturer. Our warranty covers manufacturer's parts and labor on equipment provided by Sintel Systems through the manufacturer. See product for warranty details. The standard warranty requires customers to ship defective products to the manufacturer for repair unless otherwise arranged. Hardware will generally be repaired within a 24 hour period from receipt of equipment unless more time is required. Replacements or repaired components will be shipped back to the customer. You may also obtain extended warranty, support, and service agreements beyond the first 12-month period.

Warranty work is provided through Sintel Systems for the first 90 days after purchase and is directly through the manufacturer after the first 90 days. Sintel Systems will facilitate warranty exchange for all customers maintaining Technical Support & Maintenance contracts at time of warranty need. Customers without Technical Support & Maintenance requiring warranty exchange must contact the manufacturer directly to request warranty needs. It is up to the discretion of Sintel Systems to allow a customer without Technical Support & Maintenance to purchase a plan at the time when warranty assistance is needed, but the customer failed to maintain an active Technical Support & Maintenance.

The contract described on page one (1) of the agreement page (in paper invoice formant and purchase order in electronic format) includes a dedicated custom system exclusively designated and configured for the system. We request that no changes, additions, or alterations outside the operational realm be made. This includes installation of software and hardware components. Due to the various component requirements and specifications, alteration of the system will most likely result in loss of data or the entire database. Database repair and recovery is not covered under Sintel Systems warranty. Virus infections and results of virus attacks and hacks are not covered under the Sintel Systems warranty. Warranty exchange is provided by Sintel Systems to customers on current Technical Support & Maintenance plans ONLY.

If you encounter any problems, we ask that you contact us immediately by phone at (972) POS-TECH or support@sintelsystems.com. Any modifications to any component or configuration of the systems will breach this warranty agreement. Damages beyond the realm of our control including ones resulting from negligence on behalf of your staff, including, but not limited to alteration, addition, and/or replacement of machines, are not covered under the terms of the warranty.

The responsibility of the manufacturer and defects in hardware is limited to repair and replacement for the period of warranty as set forth in this section. No warranties, implied or expressed, shall apply after the period of warranty has expired. The responsibility of Sintel Systems is dictated by 1) the times warranty is requested and/or 2) the customer's maintenance of Technical Support & Maintenance Contract.

This warranty in no shape or form wheather expressed or implied does not apply to loss of data or software. This warranty or any warranty unless specifically purchased by the customer does not apply to loss of data and/or the recovery of it thereafter. Sintel Systems does not accept liability beyond the remedies above for incidental or consequential damage, including without any limitation of liability for lost data or software. Sintel Systems offers various services to backup data and it is the responsibility of the customer to obtain such services to mitigate any potential loss of data or software. Sintel Systems also does not accept any liability for loss of use or unavailability of product. In order to mitigate loss of use, customers have the option of obtaining Rapid Replacement Warranty described below.
9) Extended Warranty
Extended warranty is offered on eligible products. Standard warranty required that defective products be returned for repair and shipped back to customer.
10) Rapid Replacement Warranty
Rapid replacement warranty offers free over night shipping of replacement product without having to first send back the defective product. A credit card deposit will be required to ensure return of defective part. Contact us for additional details and pricing.
11) Technical Support
All complete point of sale (POS) packages include a 30-day grace period for technical support offering the customer the opportunity to experience technical support and is refundable if the customer contact Sintel Systems 30 days or less than the receipt of the point-of-sale systems and requests a cancellation. The grace period does not apply to franchise customers who must purchase and maintain Technical Support for many reason including required system upgrades which require technical support to maintain a franchise-wide uniform system. The 30-day grace period does not apply to (1) renewal plans for existing customers, (2) technical support purchased by a new owner(s) of an existing Sintel Systems POS customers, (3) to technical support purchased as part of only software purchase, or (4) any other partial purchase.
All customers must purchase Technical Support Service to receive service. Support is offered via email or phone. Support Plans include remote access that allows Sintel Systems to access the POS System to provide support related services. Standard support is offered 7 days a week from 7am to 7pm PST. Broadband Internet connection is required for Technical Support Troubleshooting which will allow for faster response and service time. Support is only offered for products and services purchased from Sintel Systems. Technical Support does not cover cabling issues, network related issues, third party peripheral support & third party credit card processing support. Visit our technical support page for additional information.

Why is technical support included as part of POS purchase? Technical support is an essential part of the POS system and in necessary to fully understand and learn the system. Technical support also includes training for existing and future staff. Sintel Systems wants to ensure that every customer learns how to use their system optimally and avoid cases of utilized POS systems. Technical support also provides support when a customer requires it. Furthermore, software upgrades are also included as part of technical support and are essential to maintaining an up-to-date POS system which include guarding the system from outside attacks which change on a daily basis.

Technical Support Pricing Information:
The pricing provided by Sintel Systems ("We") is subsidized by Sintel Systems to provide each customer with franchise growth oriented pricing (FGOP) and the following questions & answers better explain this and are hereby incorporated into the purchase agreement.

What is a subsidy?
A subsidy is in many ways similar to a discount, but it is intended to provide assistance to the recipient. In this case, the Support Plan subsidy is provided to allow business owner to utilize the subsidized amount in other aspects of business and grow.

What is franchise growth oriented pricing (FGOP)?
It is a pricing strategy created and subsidized by Sintel Systems to allow small businesses to grow into franchise operations. The difference between the market price and FGOP is offered to the business to utilize for growth.

What is the market value of the support & service plan provided by Sintel Systems?
$1,500 annually for the first terminal and $1,500 for any additional terminals within the same location. This rate is reflective of all services provided under the Support Plan and is in many instances lower than our competitors.

How much FGOP for the first terminal?
Sintel Systems will subsidize the technical support plan from $1,500 for 12 months and subsidize the price to $795 (a $705) value thereby affording the business owner an additional $705 for other purposes.

How much FGOP for additional terminal(s)? Sintel Systems will subsidize the technical support plan for additional terminals at the same location from $1,500 for 12 months and subsidize the price to $400 (a $1,100) value thereby affording the business owner an additional $1,100 for other purposes.

How much is the average subsidy as a result of FGOP?
The average franchise oriented business will acquire two terminals and the subsidy offered by Sintel Systems is a sizable $1,895 for the owner of the business to use for other efforts such as marketing to encourage growth.

Why does Sintel Systems offer FGOP?
Sintel Systems succeeds when its customers succeed. We want do all we can to help our customers succeed and establish a mutually beneficial relationship. We are there for our customers when they are at their infancy and if they succeed in expansion beyond one store into multi-store operations, franchises or licensee operations, so by accepting to purchase a POS system with FGOP pricing they are committed to staying with Sintel Systems through the life of the operation for all their POS needs including technical support, single store gift card processing, Multi-Location Gift Card Processing (MLGCP), obtain gift cards from us, maintaining the support plan for every locations, and maintain merchant account services through Sintel Systems and a merchant account provider selected by Sintel Systems.

Can FGOP vary based on the customer?
Yes. Sintel Systems reserves the right to discontinue FGOP at any time for any reason. Common reasons FGOP may be discontinued for an existing customer include by reaching a franchise size that 1) place a large administrative and technical support demand on Sintel Systems or 2) the customer is large enough to sustain growth with the need for FGOP. This number of stores typically required to cease the benefits of FGOP is ten (10) total stores under one owner or in one franchise or chain of operations. There is no definite number or condition that should be inferred from this and it is up to the discretion of Sintel Systems to determine this. Customers and/or franchise chains who decide to discontinue the FGOP program for existing or future stores will be required to reimburse Sintel Systems for all subsidies received since inception. In case of licensees and franchisees, both the licensor (or franchisor) and licensee (or franchisee) will be liable for reimbursement of subsidies received from Sintel Systems.

How is a franchise defined under FGOP?
A franchise is defined as customer (or customers in case of partnerships, corporations, limited liability companies, etc.) who opens or operate more locations for the same product and /or service either by opening the store themselves under their name, as a franchise, or through licensee agreements.
The following examples offer some, but not all possible, circumstances defining a franchise.

Example 1: John opens up Best Frozen Yogurt and obtain POS from Sintel Systems under FGOP. Two years later, John opens up his second location in the next town. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.

Example 2: John opens up Best Frozen Yogurt and obtain POS from Sintel Systems under FGOP. Two years later, John allows Bob, under some agreement (franchise, licenses, etc.) or no agreement, to open up Best Frozen Yogurt. John must inform Bob that Bob must obtain his POS from Sintel Systems, or Bob needs to forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.

Example 3: John opens up Best Frozen Yogurt under some agreement (franchise, licenses, etc.) or no agreement from Frozen Yogurt Corp which does requires its franchises or to obtain a POS systems. John obtain POS from Sintel Systems under FGOP. Two years later, John opens up his second location in the next town. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.

Example 4: John only obtains POS for his second location from Sintel Systems under FGOP pricing. His first store does not have POS systems from Sintel Systems and is not subject to these terms. Two years later, John opens up his third and fourth locations. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his second store. John starting with his second location is defined as the franchise.

What is Multi-Location Gift Card Processing (MLGCP)?
Sintel Systems utilizes and integrates a MLGCP system into our point-of-sale (POS) systems to allow for the integrated processing of multi-location/store gift cards allowing multiple locations to issue and accept gift cards across multiple locations. Customers with more than one location are not subject to mandatory enrollment into MLGCP program; however, under the FGOP pricing guidelines, a franchise operation is obligated to obtain and maintain any MLGCP through Sintel Systems. Sintel Systems reserves the right to change the MLGCP program to a similar service. Cancellation of MLGCP forfeits the FGOP pricing and customer must reimburse Sintel Systems for the price difference between regular price technical support and FGOP from the commencement of operations at his first store. Sintel Systems does not hold funds or is responsible for funds associated with MLGCP. Most common, MLGCP funds are held by a single owner of multiple locations or the franchisor/licensor of multiple location. The MLGCP system simply facilitates the transfer of funds between the multiple locations and a centralized account managed by either the customer of the franchisor/licensor.

Is support for Multi-Location Gift Card Processing (MLGCP) transfer to third party or locationalization (from multi-location to single location) part of Technical Support?
No. Transfer of MLGCP from Sintel Systems to any third party is a very time and resource incentive process including the protection of proprietary technology related to MLGCP utilized by Sintel Systems. Customers who choose to opt out of FGOP and Sintel Systems MLGCP are not entitled to any type of support from Sintel Systems in the transfer of data from our data base to any third party data base. Sintel Systems is capable of assisting with this task as follows: 1) A six (6) week notice is required for this transfer. 2) A $250 cancellation fee is payable to Sintel Systems regardless of any fees to the MLGCP service provider. 3) A $795 setup fee plus $0.39 per card (minimum 500 cards) fee. This process will deliver the needed data which includes card number and balance to the third party. Sintel Systems will only provide the data and is not responsible for any third party integration. Payment of the cancellation fee, set up fee, and minimum 500 transactions must be made to Sintel Systems prior to the commencement of any work.

What if the customer does not want FGOP?
Any customer is free to choose to opt out of FGOP; however, great flexibility is provided with that as well. The customer can take advantage of FGOP when they open their first location. In the rare instance the customer decides that they do not want Sintel Systems as the POS provider, then simply reimburse us for the subsidy ($705 for first terminal and $1,100 for each additional terminal). That simple.

Does FGOP pricing apply to any other part of a point-of-sale (POS) services or goods?
Yes. FGOP pricing may apply to other parts of the POS system including subsidized hardware or POS supplies such as gift cards. While not definite, the most common area of FGOP is found in Franchise-Wide-Support (FWS) or Professional POS Franchise Remote Access (PPFRA) provided to franchises or chains of operations. FWS is subsidized from $795 to $500 (a $295 value) and PPFRA is subsidized from $795 to $295 ($500 value).

Is the Support Plan pricing subject to change?
As with any other service or goods in the economy, the Support Plan pricing is subject to change; however, Sintel Systems intends to maintain a FGOP program on an ongoing basis to foster customer growth. The pricing and program stated above has been in effect since 2007 and was incepted as a result of the economic troubles of 2007. The program was in many ways our stimulus plan for small business. Sintel Systems will provide notice of any intended changes and allow all existing customers to renew their support plan before the change regardless of the support plan's expiration date. This notice will be provided via email and it is the customers responsibility to ensure that their email is current with Sintel Systems and Sintel Systems is not responsible for any reason if notice is not received by customer. After any changes in FGOP pricing, all customers will be subject to the change. Customers not wanting to maintain a support plan after a change in FGOP, may opt out of FGOP by paying the difference between the previous FGOP price and previous market price for technical support service since the inception of their relationship with Sintel Systems.

Is Technical Support Transferable?
The transferability of a technical support plan depends on the circumstance. A support is only transferable in cases of ownership of a business at the same location. POS systems sold to outside of the business which the POS systems was sold to are not transferable. Technical support is only transferable if and only if the business is sold/transferred to another person at the same location and has more than 90 days of support remaining as of the transfer date and the new owner purchases a 12-month technical support plan. The transferred technical support plan is added to the 12 month.

Access to POS Systems by Sintel Systems
Sintel Systems reserves the right to access a point-of-sale systems provided by Sintel Systems at anytime without notice. Sintel Systems will be cognizant of operational conflicts when accessing a system and minimize or eliminate operational disturbances when possible. Sintel Systems requires access to the POS system via the Internet to provide technical support, provide software updates, backup data, and for any other reason. Sintel Systems will protect and respect the POS system to the extent possible. By purchasing a POS system from Sintel Systems, the customer agrees to allow access to the POS systems and hold Sintel Systems harmless. The customer agrees to indemnify and hold Sintel Systems, its staff, employees, and all agents harmless from and against any and all liabilities, losses, claims, damages, disputes, offset, claims, or counterclaims arising out of or relating to the access of the POS by Sintel Systems.
12) Internet Usage Policy
As a direct result of being connected to the World Wide Web, computers are constantly subjected to potential viruses and spyware. Sometimes a user doesn't even need to do anything to be susceptible to harmful, damaging, and data stealing programs such as viruses and spyware. Although all of Sintel Systems units are shipped out with the necessary preventive software such as Anti-Virus programs to help protect the systems, it is still possible for malicious programs to find their way inside your system. This is why Sintel Systems is limiting non-POS related internet access. As a result we have been able to significantly increase the security of the system while simultaneously increasing the overall reliability of the units. The following internet usage policy is now enforced.

Sintel Systems limits the use of Internet Browsers or access to non Point of Sale (POS) related internet activities to protect our customers, the software, the hardware, merchant account processing, and other related sensitive information. This is done by placing a password on all internet usage. Sintel Systems does this to ensure the safety and security of our customers Point of Sale systems and operations. If you wish to gain access to the internet, we will provide you the password only if a release of liability is signed. Sintel Systems is not liable or responsible for any loss or damage incurred by any POS user accessing the Internet through the POS system. This includes, but is not limited to, viruses or spyware acquired through the internet, any loss associated by buying or selling merchandise or services through the Internet, theft of credit card or other financial data, any personal information disclosed through the Internet, or any other information or data transmitted through the Internet or harm caused to the system sales data as a result of access to the internet.
13) License
We grant several types of licenses to use our product. It enables you to use the product in Stores belonging to either you or your client.
None of our licenses allow for redistribution in any way or form, even if heavily altered.
14) Ownership
You cannot claim intellectual property right or exclusive ownership to any of our products, modified or unmodified.
15) Third Party Purchase
A third party purchase (TPP) is defined as a purchase of goods and services made by one party for another party. In TPP, the end user is not necessarily the purchaser and Sintel Systems fully relies on the purchaser to communicate the intention of TTP to Sintel Systems. A TPP occurs when one party purchases goods and services from Sintel Systems for another party. In the purchase invoice and agreement, the purchaser is identified under the "Billing Address" and the intended recipient may or may not be reflected in the "Shipping Address" depending on the manner in which the end user finally received the product. The following examples exhibit some TPP scenarios:

1. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John. Bob asks that Sintel Systems ship the POS system to John directly. John is considered as the registered end user of the POS system; however, Bob must ensure that John understands and follows all terms and conditions of purchase.

2. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John. Bob asks that Sintel Systems ship the POS system to Bob and he will deliver it to John. In this case, Bob has to either provide John's full contact info to Sintel Systems for registration or direct John to call Sintel Systems within 30 days of receipt of product by Bob to register. Bob must ensure that John understands and follows all terms and conditions of purchase.

3. Example of TPP: Bob is an owner of chain of franchise restaurants. John is a new franchisee and under a master contract with Bob, will receive his POS system from Sintel Systems. John has made one lump sum payment to Bob for all equipment needed for his new restaurant. Bob contacts Sintel Systems and purchases the POS for John and then directs John to contact Sintel Systems to receive the POS system. Bob must ensure that John understands and follows all terms and conditions of purchase.

4. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John and Sintel Systems ships the system to John. Three days later Bob decides that he wants to return the system to Sintel Systems and contacts Sintel Systems to obtain an authorized RMA number. Sintel Systems provides Bob with the RMA number and provides Bob the 10 days allowed time to ship the POS system back to Sintel Systems. Bob contacts John, gives him the RMA number and John ships back the POS system to Sintel Systems and Sintel Systems issues a refund to Bob. It is the full responsibility of Bob to ensure that John returns the systems in a timely manner. Sintel Systems bears no responsibility for John's failure to follow the requirements set forth by this purchase agreement.

All terms and conditions of purchase contained on this page and on this document apply to TPP. Once the POS system is shipped from Sintel Systems or its affiliate, it is the sole responsibility of the parties to arrange any details. In case of an authorized return, the party making payment to Sintel Systems will receive the refund. Refunds will only be returned to the Billing party. It is the sole responsibility of the party making payment to ensure proper return of products to Sintel Systems. In no circumstance, is Sintel Systems responsible to the purchaser for the end users failure to adhere to the terms and conditions of this purchase agreement. The purchasing party is responsible to fully communicate the terms and conditions of this purchase agreement to the third party.
16) Products & Services Quote Time Limitations
A quote for product and services provided in writing by Sintel Systems is valid for either 30 days or the end of the calendar year, whichever is shorter.
17) Indemnity
By purchasing any product from Sintel Systems, the purchaser agrees to indemnify and hold Sintel Systems, its staff, employees, and all agents harmless from and against any and all liabilities, losses, claims, damages, disputes, offset, claims, or counterclaims arising out of or relating to the sale and service of any product provided by Sintel Systems.
18) General
If any provision of this agreement or portion thereof is held to be unenforceable, such a determination will not affect the remainder of this agreement
19) Merchant Account Policy
Sintel Systems is a total solutions provider with integrated credit card processing. This allows for a one-stop solution for all your Point of Sale needs. No need to call third parties for assistance. Our setup, software, for credit card processing has no integration fees. Simply fill out this application and Sintel Systems will take care of the rest. Here is a comparison between utilizing Sintel Systems for your merchant account services or choosing to utilize Sintel Systems point of sale (POS) system, but obtain merchant account services from a third party:

  Sintel Systems 1 Terminal Third Party w/PC Charge
License Fee Free $359.00
Additional Integration Fee Free with POS Support Plan $225.00
Total Cost $0 $584.00

  Sintel Systems 2 Terminal Third Party w/PC Charge
License Fee Free $359.00
Additional User License Fee Free $249.00
Per Terminal
Additional Integration Fee Free with POS Support Plan $225.00
Total Cost $0 833.00


In addition to the above costs, customers utilizing a third party for merchant account services will not qualify for POS support and service pricing advantage according to franchise growth oriented pricing (FGOP) and must obtain support and service at market rate unless authorized by Sintel Systems. Customers should carefully review FGOP policy on this page before proceeding with a POS or merchant account processing purchase. Furthermore, processing times are reported to be much slower with third party merchant account integration.

Sintel Systems strongly recommends that each customer understand the structure of merchant account fees and what third party merchant account providers claim. Most of the fees associated with merchant account processing are outside the control of merchant account providers and a function of fees charged government regulations and by Visa-MasterCard-American Express-Discover and other charge cards. When reviewing third party offers, customers should understand terms such as "interchange" and carefully read all terms offered including processing times.

For customers requesting to utilize a third party merchant account provider after understanding all associated risks and actors, Sintel Systems is able to accommodate these needs through the use of PC Charge interface software; however, since we will not be able to support your merchant account, you will have to contact the third party for support. The PC Charge interface software is utilized to integrate third party merchant accounts with Sintel Systems POS. Customers must purchase the PC Charge software through Sintel Systems. Why? 1) It is the policy of Sintel Systems, 2) To ensure that the customers received a PC Charge licenses with a minimum of one (1) year support, 3) Sintel Systems contacts with PC Charge are able to facilitate the matter and final integration quickly.

We do not recommend the path of third party merchant account integration, but the following is our policy for choosing a third party merchant account provider:

1. When purchased with a POS Package:
     a. PC Charge Cost: $359 for the first terminal and $249 for each additional terminal.
     b. Integration Cost: $225 for up to 2 terminals and $75 for each additional terminal.
     c. All fees must be paid for at time of PC Charge purchase.

2. When purchased with software only:
     a. PC Charge Cost: $359 for the first terminal and $249 for each additional terminal.
     b. Integration Cost: $225 for up to 2 terminals and $75 for each additional terminal.
     c. All fees must be paid for at time of PC Charge purchase.

3. When originally purchased with Sintel Systems merchant account processing, but changed to PC Charge later.
     a. PC Charge Cost: $359 for the first terminal and $249 for each additional terminal.
     b. Integration Cost: $225 for up to 2 terminals and $75 for each additional terminal.
     c. All fees must be paid for at time of PC Charge purchase.
     d. Forfeiture of FGOP support & service pricing effective the date of change from Sintel Systems to third party.

Sintel Systems utilizes merchant account providers that offer 1) direct integration with Sintel Systems POS, 2) provide excellent customer service, 3) provide fast transaction times, and 4) offer competitive rates commensurate of the service.

Sintel Systems provides its customers fast processing times, full technical support in regards to their account, along with free licensing and setup. Since our merchant account software is fully integrated into Sintel Systems Point of Sale terminals, we are fully capable of troubleshooting the customer's problems and assisting to solve any potential issues.

PC Charge software must be used to integrate your merchant account if you choose not to go with Sintel Systems. The software cost, which includes 1 year of support from PC Charge, is $359 for the first terminal and $249 for each additional terminal. If you decide to go with PC Charge, you must purchase the license from Sintel Systems. Since the software is considered third party software, it requires additional configuration. The cost for the additional setup of PC Charge is $225 for up to 2 terminals and $75 for each additional terminal. Sintel Systems does not support PC Charge or the merchant account chosen by its' customers due to lack of access to the respective parties.
Cancellation Fee: Customers who obtain merchant account sercices through Sintel systems and avoid all costs as shown on the above table (i.e. License Fee) will be charged a $300 cancellation fee if they terminate thier merchnat agreement with the merchant account provider offered through Sintel Systems. This fee is payable directly to Sintel Systems and may be in addition to fees charged by the merchant account provider. The cancellation of merchant account services may also result in the forfeiture of FGOP technical support pricing and will make due the difference between the market price for technical support and FGOP effective the date of merchant account cancellation. Why is this fee charged? 1) It is the policy of Sintel Systems and 2) Customers who obtain merchant account services through Sintel Systems gain immediate and reoccuring advantages. The cancellation fee is an offsetting fee for the increase in cost of Sintel Systems for the cancellation of merchant account service.

Down Time: Merchant account processing services may experience down times for a variety of reasons. Sintel Systems has no control over merchant account processors and is not responsible for any and all damages, direct or indirect, from your inability to process charge card transaction.

Internet Connection: An Internet connection is required to process charge card transactions. Your Internet Service Provider (ISP) may experience down times for a variety of reason. Sintel Systems has no control over and is not responsible for your ISP.
20) Warranty
Sintel Systems is committed to providing highly professional and excellent customer service. We stand behind every product and service we provide. Sintel Systems products and system packages included standard manufacturers warranty from the date of purchase directly through the manufacturer. Our warranty covers manufacturers parts and labor on equipment provided by Sintel Systems through the manufacturer.
Please review the entire warranty in Customer Service document for more details.
21) Third-Parties Services
We may use third parties to provide certain services accessible through the systems. Sintel Systems does not control these third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You agree to comply with such terms and policies as well as these. If any such terms or policies conflict with Sintel Systems' terms, agreements or policies, you must comply with those of Sintel Systems.
22) Governing Law and Jurisdiction
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of California, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods or Services. By purchasing our services and products, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Los Angeles, USA. The terms of this agreement further specify that in the event of litigation (or any other effort including, but not limited to mediation) regarding any matter between Sintel Systems and the purchaser, including but not limited to the collection of fees by Sintel Systems for services and products provided to the customer, breach of any part of this contract, enforcement of any part of this contract, Sintel Systems is entitled to recover all reasonable attorney’s, legal, collection costs, and interest on the unpaid portion of the balance. Reasonable attorney's fees are defined as $350 per hour as of January 1, 2007.
23) Cancellation & Other Fees
There are several cancellation and other fees Sintel Systems charges including, but not limited to, FGOP opting out fee, third party merchant account processing fee, MLGCP cancelation fee, and other fees. Why does Sintel Systems charge theses fees? 1) It is part of our policy and 2) Inherent savings and efficiencies are built into our operation which allow us to offer low prices. Deviations from our standard operating procedures in providing customers goods and services effect our cost and our ability to deliver elevated level of services and goods to our customers. The cancellation and other fees are offsetting fees charged to ensure that low prices are delivered to customers within the realm of our total solutions provider.
24) Waivers & Exclusions
A waiver or exclusion given to any terms or conditions of this agreement by Sintel Systems must be in writing and will not be a waiver to any other part of this agreement or provide exclusion to any other part of this agreement.
25) Alternate Use - Buy Back Point of Sale (POS) Program
Sintel Systems employs an alternate point of sale (POS) use program for its customers. We understands that sometimes an owner changes their line of business (from frozen yogurt to pizza), decides to retire the operation, or challenging economic times force them to close permanently. Sintel Systems intends to assist these customers in the following manner:

1. Reconfiguration for alternate use by same owner. This means that if the same owner decides to change the type of business they engage and the possibility exists, Sintel Systems will assist with reconfiguration subject to necessary charges and applicable fees.

2. Buy back - On a case-by-case basis, Sintel Systems may choose to buy back a complete point of sale system and each customer needs to contact Sintel Systems to discuss their specific case.


Commonly asked questions:

** How do I start the process? Call Sintel Systems POS at 972-767-8324

**How much will I get for each POS system? It depends on several factors. You must contact Sintel Systems to discuss the matter and obtain authorization to proceed. Once you have approval for a program (reconfiguration or buy back) you will be provided full details.

** Are the used POS systems that Sintel Systems buys back for sale? NO. The systems are typically either utilized for display purposes, used for research on product longevity, given to educational institutions, offered to non-profit organizations, or provided to third parties for use outside our realm of control. We do not support or resell used systems for a variety of reasons.

** I am not a current Sintel Systems customer, can I purchase a used POS system from a Sintel Systems customer and use it for my current businesses? You are free to purchase a system, however, you will have to purchase a 12-month support/service at the current market rate (2013 Price: $1,500 for first terminal and $1500 for any additional terminal for the same location) plus pay a one-time $750 per terminal transfer fee. Please note that used products may or man not have warranty protection plan and Sintel Systems is not responsible for the purchased product. Also note that it is up to the discretion of Sintel Systems to process this request or deny it in its entirety.

** I am a current Sintel Systems customer, can I purchase a used POS system from a Sintel Systems customer and use it for my current businesses? You are free to purchase a system, however, you will have to purchase a 12-month support/service at the current market rate (2013 Price: $1,500 for first terminal and $1500 for any additional terminal for the same location) plus pay a one-time $1,000 per terminal transfer fee. Please note that used products may or may not have warranty protection plan and Sintel Systems is not responsible for the purchased product. Also note that it is up to the discretion of Sintel Systems to process this request or deny it in its entirety.

** I am not closing my business, will my POS system qualify for the buy-back program? No, if you are not closing the business, you will most likely not qualify for the program. The intention of the program is to assist those is challenging or special situations.

** Is there a guarantee that Sintel Systems will buyback a POS system or support a purchased used POS system? No. It's on a case-by-case basis.

** I have more questions, what do I do? Contact us as soon as possible at 972-POS-TECH or 972-767-8324.

Our company reserves the right to change or modify the Terms and Conditions without prior notice.

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