Contract Terms & Conditions – Advanced Hospitality Systems
Effective Date: August 27, 2025
Terms and Conditions of Service
1. General
This agreement (“Service Contract”) is made and entered into by and between POS America, Inc. t/a Advanced Hospitality Systems (the “Company”) and Customer (the “Customer”) for the provision of services related to the Hardware and System sold to the Customer.
2. Services
During the term of this Contract, and in exchange for Customer’s payment of the agreed fees at the agreed times, the Company shall provide the Customer with:
- Customer Support: Telephone, Remote Access, Email, On-Site or Depot service as indicated on the contract.
- Software Improvements: Updates and releases relating to the licensed System, at the Company’s discretion.
3. Customer Responsibility
The Customer agrees to:
- Follow operational procedures recommended by the Company.
- Work with Company agents to diagnose and fix problems.
- Keep trained personnel for System operation.
4. Service Limitations
The Company is not obligated to support the System under circumstances such as neglect, misuse, power issues, acts of God, third-party hardware/software problems, credit card processor issues, programming changes, lack of mandatory updates, virus infections, unauthorized repairs, or network wiring.
5. Non-Contract Services
Services outside this contract are billable at current rates.
6. Obsolete Products
Obsolete items will be maintained on a reasonable-efforts basis. The Company may discontinue support at its discretion.
7. Backup Procedures
If backup services are not purchased, the Customer is responsible for implementing and verifying backups daily. The Company is not liable for data loss due to backup failures.
8. Limited Warranty
The Company warrants services will be rendered in a good and workmanlike manner. Claims must be submitted in writing within 30 days. All other warranties are disclaimed.
9. Limitation of Liability
Liability is limited to the lesser of total fees paid or the cost of this contract. No incidental or consequential damages are covered.
10. Term
Commences upon payment and continues as specified.
11. Suspension and Termination
The Company may suspend or terminate for non-payment, default, or cessation of business. Payments received are non-refundable.
12. Delays
Obligations may be extended for delays beyond the Company’s control.
13. Notices
Must be in writing and delivered personally, by fax, or certified mail.
14. Amendments or Revisions
Terms may be amended with proper notice.
15. Late Fees
Invoices past due incur 1.5% monthly (18% APR). Collection costs and attorney fees apply.
16. Acceptance
Requesting service constitutes acceptance of these terms.
17. Failure to Enforce
Does not waive rights.
18. Severability
Invalid provisions do not affect remaining terms.
19. Governing Law
New Jersey law applies; jurisdiction is Camden County, NJ.
20. Independent Parties
Each party acts as an independent contractor.
21. Entire Agreement
Supersedes all prior agreements. Amendments must be in writing and signed by the Company.
Contact Us:
For questions about these Terms & Conditions, please contact info@advancedhospitality.com.