Terms of Service
Last updated: January 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Europay (EUBS) Limited ("Europay", "we", "us", "our") governing your use of our point-of-sale systems, software, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
2. Service Description
Europay provides:
- Point-of-sale hardware and software solutions
- Payment processing services
- Integration with third-party platforms (Just Eat, Deliveroo, etc.)
- Inventory and sales management tools
- Reporting and analytics features
- Customer support and technical assistance
- Software updates and maintenance
3. Account Registration and Eligibility
3.1 Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Operate a legitimate business registered in Ireland
- Have the legal authority to enter into this agreement
- Provide accurate and complete registration information
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring your contact information is current and accurate
4. Service Plans and Fees
4.1 Subscription Plans
Services are provided on a subscription basis according to the plan you select (Starter, Professional, or Enterprise). Plan features and pricing are detailed on our website.
4.2 Payment Terms
- Subscription fees are billed monthly in advance
- Payment is due upon receipt of invoice
- All fees are exclusive of applicable taxes (VAT)
- Transaction fees may apply based on your plan and payment volume
- Hardware purchases are separate from subscription fees
4.3 Price Changes
We reserve the right to modify pricing with 30 days' advance notice. Continued use after price changes constitutes acceptance of new pricing.
5. Payment Processing
5.1 Processing Services
Our payment processing services are subject to additional terms from our payment partners. You agree to comply with all applicable payment network rules and regulations.
5.2 Chargebacks and Disputes
You are responsible for handling customer disputes, refunds, and chargebacks. We may withhold funds or require reserves for accounts with high chargeback rates.
5.3 Prohibited Transactions
You may not process payments for:
- Illegal goods or services
- Counterfeit or stolen items
- Adult content or services
- Gambling or gaming services (unless properly licensed)
- Activities that violate any laws or regulations
6. Term and Termination
6.1 Term
The agreement begins when you first access the Services and continues on a month-to-month basis unless terminated as described below.
6.2 Termination by Customer
You may cancel your subscription at any time by providing 30 days' written notice. You remain responsible for all charges incurred through the end of your notice period.
6.3 Termination by Europay
We may suspend or terminate your account if:
- You breach these Terms
- Your account remains unpaid for 15 days
- You engage in fraudulent or illegal activities
- We determine termination is necessary for security reasons
6.4 Effect of Termination
Upon termination:
- Your access to the Services will cease immediately
- You remain liable for all outstanding fees
- You must return or destroy all Europay equipment
- We will provide you with your data in a standard format upon request
- No refunds will be provided for prepaid fees
7. Data and Privacy
Our collection and use of personal information is governed by our Privacy Policy. You agree to our data practices as described in the Privacy Policy.
You represent and warrant that:
- You have obtained all necessary consents to share customer data with us
- You comply with all applicable data protection laws
- You maintain appropriate security measures for customer data
8. Intellectual Property
8.1 Ownership
Europay retains all rights, title, and interest in the Services, including all intellectual property rights. These Terms do not grant you any ownership rights in the Services.
8.2 License
We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription term, subject to these Terms.
8.3 Your Data
You retain ownership of all data you input into the Services. You grant us a license to use, store, and process your data solely to provide the Services.
9. Service Level and Support
9.1 Availability
We strive to maintain 99.9% uptime for our Services. Scheduled maintenance will be announced in advance when possible.
9.2 Support
Support is provided according to your subscription plan:
- Starter: Email support (business hours)
- Professional: Phone and email support (business hours)
- Enterprise: Priority support with dedicated account manager (24/7)
10. Warranties and Disclaimers
10.1 Limited Warranty
We warrant that the Services will perform substantially as described in our documentation during your subscription term.
10.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted or error-free
- Defects will be corrected immediately
- The Services will meet your specific requirements
- Results obtained from the Services will be accurate or reliable
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUROPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless Europay from any claims, damages, losses, and expenses arising from:
- Your breach of these Terms
- Your use of the Services
- Your violation of any laws or third-party rights
- Your customer transactions and disputes
13. Governing Law and Disputes
13.1 Governing Law
These Terms are governed by the laws of Ireland, without regard to conflict of law principles.
13.2 Dispute Resolution
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
14. General Provisions
14.1 Modifications
We may modify these Terms at any time. Material changes will be notified via email. Continued use after changes constitutes acceptance.
14.2 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
14.3 Severability
If any provision is found invalid, the remaining provisions remain in full effect.
14.4 Entire Agreement
These Terms constitute the entire agreement between you and Europay regarding the Services.
15. Contact Information
For questions about these Terms, contact:
Europay (EUBS) Limited
Legal Department
Office 10 Clock House
70 Shandon Street
Cork, Ireland
Email: legal@europay.ie
Phone: +353 21 202 1365