1.- The purpose of this agreement is the installation and CLIENT operation of a point of sale system, to market the products and services DIMELOS LLC (DIMELOS) has available for distribution through any of its POS systems. Terms will be reported through DIMELOS website: www.dimelos.com
2.- The request for the service is not itself a formal agreement between DIMELOS and the CLIENT. DIMELOS reserves the right to accept or not the agreement, and to authorize delivery and/or installation of the POS system to the CLIENT.
3.- The CLIENT agrees to these general terms by obtaining and/or installing the POS system, and/or the physical reception or acceptance of the electronic document containing the specific terms of the agreement.
4.- The CLIENT will not do any act that could harm or infringe the rights of DIMELOS as the POS system owner or DIMELOS intellectual property; and the CLIENT commits to keeping the POS system and DIMELOS intellectual property out of any warranty over their assets.
5.- The activation of any POS system implies acceptance by the CLIENT of all services and functionalities provided by DIMELOS.
6.- Once a POS system is installed, the CLIENT must keep it with available balance at all times. Recharging the balance will be made by deposit system, for which the CLIENT shall make the necessary deposits in any of the DIMELOS LLC bank accounts available. The minimum deposit allowed is $50.00.
7.- The commission payment shall be made immediately upon the sale of the product/service.
8.- The CLIENT authorizes DIMELOS to subtract from the POS system balance or their commissions any debt they would have with DIMELOS; in the case the POS balance or their commissions are insufficient to cover the debt in full, the CLIENT authorizes DIMELOS LLC to ACH their bank account for the outstanding amount.
9.- The CLIENT agrees to work in its store through DIMELOS systems all products supplied by DIMELOS POS Systems.
10.- This Agreement will be effective until December 31st of the next year after the date of signature. Once expired it will be automatically extended for one-year periods, if no complaint or notice of termination is made by either party.
11.- DIMELOS may assign, partially or completely, the agreement without authorization or consent of the CLIENT. In case the CLIENT wants to assign this agreement to a third party, they must communicate it to DIMELOS, which may authorize or oppose it.
12.- Regarding taxable sales, some DIMELOS transactions are taxable sales including but not limited to the purchase of prepaid mobile products. The store must treat each taxable sale as a bulk purchase. For each transaction, the seller must provide the following services in accordance with the applicable law:
(a) calculate applicable state and local taxes (“Tax”);
(b) collect the tax (CLIENT responsibility);
(c) report and remit the tax to the authorities;
(d) provide a tax receipt.
The store will be solely responsible for reporting and paying such taxes according to applicable laws.
13.- In the event of non-payment by the CLIENT of any fees or charges required by this agreement, DIMELOS is entitled to recover fees and legal costs related to the collection of such payments. The CLIENT undertakes to indemnify and hold harmless DIMELOS and its agents, employees, officers, directors, partners, distributors, successors and assignees from any claims or damages caused by negligence or misconduct of the CLIENT.
14.- Under no circumstance will DIMELOS be liable for special, incidental, consequential or punitive damages, even if notified of such damages or if foreseeable.
15.- The CLIENT specifically authorizes DIMELOS to use and exploit digital pictures taken in its establishments containing the “DIMELOS” brand, in any physical or electronic support, without geographical limitation, including advertising or promotional use. DIMELOS is authorized to modify, edit, reproduce and distribute such pictures without compensation to the CLIENT. The CLIENT also authorizes the use of the business trade name and owner’s name for promotional purposes.
16.- The configuration, interpretation and performance of this agreement are governed by the laws of Florida. For any discrepancies, the parties waive any other jurisdiction and submit to the Courts of the State of Florida, USA.
For more information visit: www.dimelos.com
Customer Service: (786) 216-0112 / (786) 315-6869