Terms and Conditions

The following terms and conditions control the use of the services provided by VELAONE contain significant restrictions and limitations on rights and remedies, and create obligations on anyone who accepts this agreement. Therefore, you should read this agreement carefully before agreeing to these terms. 

1. Privacy and Security
   VELAONE can modify its privacy and security policies at its reasonable discretion from time to time. You may opt out of receiving such communications at any subsequent time. VELAONE occasionally may need to notify all Services Users of important announcements regarding the operation of the Service.
2. Terms, Restrictions, and Rights
   VELAONE hereby grants Grantee a limited, non-exclusive, non-transferable, worldwide right to use the Service, solely for business purposes. The right of use will be guaranteed for some time as the form of the service application form which is calculated as a period of a month (“as the initial date of application”) and will be automatically renewed for successive terms of the same number of months unless terminated by either party upon at least thirty (30) days prior written notice to the other party.  VELAONE and its licensors have all rights to stop grants to the Grantee. Grantee shall not (i) license, grant, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) reverse engineer or access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service; (iii) modify or make derivative works based upon the Service or the Content; or (iv) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device. The right to use the Service cannot be shared or used in several Locations other than the number mentioned in the order form, but relocation to the new location with prior approval from VELAONE may be granted.
3. The Service
   VELAONE will provide service as indicated on the service application to use the POS and other related services provided. VELAONE makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. VELAONE will inform the User of any significant changes to the Service or terms and conditions of this Agreement that it may make from time to time. 
4. Internet Delays
   The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. VELAONE is not responsible for any delays, delivery failures, or other damage resulting from such problems.
5. Support
   VELAONE shall provide documentation, upgrades, enhancements, and modifications as VELAONE is scheduled to develop and provide to the users without permission from the users. If the user asks the special support, upgrade, or customization, the fee may be charged accordingly.
6. Grantee’s Responsibilities
   Grantee is responsible for all activity occurring under Grantee’s User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with Grantee’s use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.  Grantee shall: (i) notify VELAONE immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to VELAONE immediately and use reasonable efforts to stop immediately, any copying or distribution of Content that is known or suspected by Grantee or any User under this Grant; and (iii) not impersonate another VELAONE User or provide false identity information to gain access to or use the Service. 
7. Account Information and Data
   VELAONE does not attain ownership in any data, information, or material provided by Grantee. Grantee shall provide accurate information and data and have responsibility for not proper operation of VELAONE due to the inaccurate information. VELAONE shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Client Data.  VELAONE shall use reasonable efforts to protect Client Data behind a secure firewall system and to conduct daily data backups.  VELAONE will terminate Client data after 30 days from the termination of the service with a written contract. VELAONE reserves the right to withhold, remove, and/or discard Client Data, without notice, for any breach, including, without limitation, Grantee’s nonpayment.  Upon termination for cause, Grantee’s right to access or use Client Data shall immediately cease, and VELAONE shall have no obligation to maintain or provide any Client Data.
8. Intellectual Property Ownership
   Grantee acknowledges and agrees that: (i) the marks are owned by VELAONE; (ii) it will do nothing inconsistent with such ownership; (iii) all use of the VELAONE marks by it will inure to the benefit of and be on behalf of VELAONE; (iv) that nothing in this grant gives it any right, title or interest in VELAONE marks other than the right to use the marks in accordance herewith; (v) it will not attack VELAONE’ title to the marks or the validity of this rant; and (vi) further agrees to use VELAONE marks only in the form and manner prescribed from time to time by VELAONE, and not to use any other trademark or service mark in combination with any of VELAONE’ marks without the prior written approval of VELAONE.
9. Third Party Interactions and Links
   During use of the Service, Grantee or its User(s) may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service.  Any such activity, and any terms, conditions, warranties, or representations associated with such activity are solely between Grantee and/or User and the applicable third party. VELAONE and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between the Grantee, a User, and any such third party.  VELAONE does not endorse any sites on the Internet that are linked through the Service.  VELAONE provides these links to Grantee only as a matter of convenience, and in no event shall VELAONE or its licensors be responsible for any content, products, or other materials on or available from such sites.  This Grant to use the Service under the terms and conditions of this Agreement does not provide any license or agreement that may be required by third-party providers of ancillary software, hardware, or services before Grantee’s use of or access to such software, hardware, or services. 
10. Payment of Fees and Charges
    

    Grantee shall pay all fees or charges to Grantee’s account by the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.  All of the fees and charges will be prepaid before the service period starts. The initial fee for the Grant of the right to use the Service (“Use Fee”) will be equal to the Use Fee currently in effect under VELAONE’s current schedule of Use Fees for the edition selected in the Order Form. The Use Fee will be payable in advance on the first day of each month during the Term, commencing on the Effective Date designated in the Order Form.  VELAONE will automatically bill Grantee’s credit card on the first of each month during the Term or issue an invoice to Grantee five (5) days in advance of the end of a calendar month for payment by the first of the following month, as applicable.  Grantee is responsible for paying all Use Fees ordered for the entire Term, without regard towhether all Users are active.  Grantee must provide VELAONE with valid credit card or approved purchase order information as a condition to signing up for the Service. An Authorized Administrator may add additional Locations by executing an additional written Order Form or using the VELAONE Order Center.  Added Locations will be subject to the following: (i) the term of added Locations will be coterminous with the Term (either Initial Term or Renewal Term) of existing Grants; (ii) the Use Fee for the added Locations will be the then current, applicable Use Fee at the time ordered; and (iii) Locations added in the middle of a billing month will be prorated for that billing month.  VELAONE reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to Grantee, which notice may be provided by e-mail; provided however, that changes in the Use Fee shall not apply to a current User until the end of the existing Term.  The Use Fee for a renewal Grant will be equal to the number of total Locations then in effect, times the User Fee in effect at the time of renewal.  Charges for other services (“Charges”) will be made on an as-quoted basis. VELAONE’s Use Fee and Charges are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Grantee shall be responsible for payment of all such taxes, levies, or duties, excluding only federal or state taxes based solely on VELAONE’s income. Grantee agrees to update billing and account information within 30 days of any change. That information includes the Grantee’s legal company name, street address, e-mail address, and the name and telephone number of an authorized billing contact and Authorized Administrator. If the contact information Grantee provides is false or fraudulent, VELAONE reserves the right to terminate Grantee’s access to the Service, in addition to any other legal remedies. If the Grantee believes that the Fees or Charges to Grantee’s account are incorrect, the Grantee must contact VELAONE in writing within forty-five (45) days of the date of the charge in question, to be eligible to receive an adjustment or credit. All payments shall be in United States currency.

11. Non-Payment and Suspension
    VELAONE reserves the right to suspend or terminate this Agreement and Grantee’s access to the Service if Grantee’s account becomes delinquent. The service period starts as the date on the application as requested. On the same day of the period start. The invoice will be issued and the monthly fee will be charged with ACH through the credit card. If ACH fails for the Invoices the second ACH will happen in 5 days with a $35 penalty. If the second ACH is failed, the service will be suspended and the access of the data will not be terminated. To restore the service, the Grantee will be charged an extra $100 with the current month’s fee.
12. Termination
    Either party may terminate this Agreement or reduce the number of Locations, effective only upon the expiration of the then-current Term, by notifying the other party in writing at any time. The period paid will last until the end date of the period. The rest of the period cannot be stopped in the middle of the period and not refunded.
13. No Warranty
    VELAONE provides the Services “as is,” “with all faults,” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Services.  Grantee acknowledges that computer and telecommunications systems including the internet are not fault-free and occasional periods of downtime occur. VELAONE guarantees that the Services will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. VELAONE and VELAONE ‘s affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. VELAONE excludes any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. Grantee may have certain rights under the Grantee’s local law. Nothing in this contract is intended to affect those rights, if they are applicable.
    In the event of a hardware malfunction, VELAONE could provide replacement parts of the system by a permanent replacement or a temporary loaner to be shipped to the Grantee via the overnight carrier or a registered agent. Grantee acknowledges and agrees that you will pay all shipping costs and the $99 service fee per occasion. If a hardware component is found to malfunction due to a manufacturing error, VELAONE will refund the $99 (only within the first 90 days of purchase). If equipment or hardware is identified as malfunctioning due to customer improper usage, negligence, or normal wear and tear, VELAONE will charge for parts and labor to resolve the hardware issue. You must use the pre-paid return sticker when sending back the malfunctioned unit and ship the unit within 48 hours of first contacting VELAONE. Failure to comply will result in a full-price hardware charge to you. You agree and understand that the replacement parts are provided to you on a loan basis and that you must return all such items to us at the end of this contract. To prevent any damage during shipping, we will provide you with packaging materials and boxes. Grantee acknowledges and agrees that any damage in shipment will be billed to Grantee. In addition, you understand that VELAONE will not permit more than one replacement hardware PER COMPANY at any given moment, therefore returning hardware to VELAONE is crucial for proper support of Grantee’s hardware.
14. Liability Limitations
    VELAONE is liable only by the amount equal to the Grantee’s monthly service fee and is not responsible for any damages including but not limited to consequential, lost profits, special, indirect, incidental, or punitive damages.
    The limitations and exclusions apply to the Services; loss of data; content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service; viruses or other disabling features that affect your access to or use of the service; incompatibility between the Service and other services, software, and hardware; delays or failures you may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner; claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.
    The limitations and exclusions also apply if this remedy does not fully compensate the Grantee for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to the Grantee if the Grantee’s state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
15. Modification to Terms
    VELAONE has the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting an updated version of this Agreement on the Service.  The grantee is responsible for regularly reviewing this Agreement.  Continued use of the Service after any such changes shall constitute the Grantee’s consent to such changes.
16. General
    This Agreement shall be governed by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.  No joint venture, partnership, employment, or agency relationship exists between Grantee or any User and VELAONE as a result of this agreement or use of the Service.  The failure of VELAONE to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VELAONE in writing.