Terms & Conditions

“Company” or “XEPAY” refers to XEPAY LTD, a Private Limited Company organized under the laws of England (12663619) with offices located at The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL

“Customer” refers to the person or company signing this agreement

“Contract” refers to any lease, hardware, software or support agreement between XEPAY and the customer

General Terms and Conditions of Trading with XEPAY

  1. Parties to the Contract
    1. “Customer” is the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. The customer is responsible for reading and agreeing our terms and conditions as they will form the basis of the contract of purchase and service agreement.
    2. “The Company”, “XEPAY”, “XEPAY Ltd”. XEPAY are responsible for providing a purchase and service that meets the agreements within the terms and conditions. Our registered office is XEPAY, The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL. Our company registration number is 09229843.
  2. Business-to-Business Agreement
    1. This agreement is entered into between XEPAY Ltd (the “Supplier”) and the Customer (the “Business Customer”). Both parties confirm that they are entering into this contract in the course of business, and that the Customer is acting in the capacity of a business entity, whether a sole trader, limited company, or partnership, and not as a consumer.
    2. As such, the provisions of UK consumer protection laws (including, but not limited to, the Consumer Rights Act 2015, Consumer Contracts Regulations 2013, and Unfair Terms in Consumer Contracts Regulations) do not apply to this agreement. The Customer acknowledges and agrees that they are not entitled to the statutory rights and protections afforded to consumers under UK law.
    3. Any provisions in this agreement that would otherwise be governed by UK consumer protection laws are excluded and do not apply, as the contract is governed by business-to-business principles and the terms outlined in this agreement.
  3. Choosing a product from XEPAY
    1. The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer. No variation to these Conditions shall be binding unless previously agreed in writing between the authorized representatives of each of the Customer and the Company.
    2. The Company shall provide information about our products and services to help inform the basis of the purchase.
    3. If requested by the Customer, the Company may provide a full demo of our software free of charge if the customer desires to help inform the customer of the purchase.
    4. It is the responsibility of the customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
    5. The Company will provide a written quotation on request. This quotation is a guideline price and does not form the basis of any contract between the Customer and the Company.
    6. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
    7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
  4. Internet Connection
    1. Our terminals require a reliable and robust connection to the internet to function. It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.
    2. For 4G terminals, the customer must ensure the mobile network in their area is stable before deciding to purchase. For Wifi terminals, the customer must ensure a suitable wifi router is installed at the premises, within 10 meters distance of where the terminal will be, and also must be a private network. For Desk terminals, the customer must ensure a suitable internet router is installed at the premises, within 5 meters of where the terminal will be.
    3. Our recommended internet speeds are a minimum 2-3mbps. Internet speeds and consistencies can be checked by using internet speed test websites or contacting your internet service provider.
    4. Whilst XEPAY employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.
    5. XEPAY cannot be responsible for any slow responses to our terminals caused by poor internet connection.
    6. XEPAY cannot be held liable for any loss or damages incurred to the Customer caused by loss of service due to downtime on function of our terminals. Any loss incurred to the Customer is of no responsibility to XEPAY.
  5. Purchasing from XEPAY
    1. These Terms and Conditions are available on our website.
    2. It is the customer’s responsibility to read and agree to the terms and conditions prior to making payment.
    3. All product pricing is provided in “good faith”. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the customer will be advised by XEPAY employees and/or in XEPAY sales literature.
    4. All prices XEPAY quotes are ex VAT. Where VAT should be paid, this will be added to the invoice before payment is received.
    5. Any packages provided by XEPAY and their prices are subject to change at any time without notice.
    6. Once a payment has been received the contract between XEPAY and the Customer is in force.
    7. XEPAY may record phone calls for training purposes.
  6. Card Terminal Lease
    1. The Lease Agreement contract allows the customer to lease the equipment for the term stated in the agreement.
    2. These services have a fee, which is charged monthly, with a minimum contract length of ContractLength calendar months.
    3. At time of placing an order for leased equipment, XEPAY will advise the Customer of the leasing period, and the fee for leasing during this period.
    4. If the leasing period is for greater than one month the subsequent payments are due in 1 month intervals, starting from the first date of the leasing period.
    5. It is the customer’s responsibility to document, and provide back to XEPAY, any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods.
    6. XEPAY remains the owner of the equipment at all times. 
    7. If the equipment is damaged or lost while in customers possession, the customer will be required to pay a £250 + VAT replacement fee
    8. If the customer cancels the contract within the leasing period they must return any hardware they have received and pay the remaining balance of the leasing contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
    9. The Customer is at all times responsible for ensuring timely payments to avoid default charges. XEPAY will charge up to £5 (ex VAT) for each day that payment is overdue.
    10. The Customer does not hold XEPAY responsible for any defaults or claims arising out of use of the equipment.
    11. The leasing fee for the Card Terminal will be £MonthlyCostVAT per month payable on the 1st of each month.
    12. The equipment leasing fee does not include any ongoing services or consumables but these are available on request, at a charge.
    13. The Customer is responsible for informing XEPAY of any changes to their contact details.
    14. Once the initial lease period comes to an end, the customer will automatically be enrolled onto another agreement for an additional 18 months. 
    15. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
    16. When XEPAY supplies an EPOS system or Card Terminal to a customer, XEPAY agrees to setup the system to a basic configuration before sending it out. This setup includes:
  7. Setup and Training
    1. Installation of EPOS Software
    2. Setup of User Account
    3. Menu Programming
    4. The setup does not include (unless agreed in writing):
      1. Products and Prices
      2. Importing Products and Prices
      3. Setting Up Advanced Configurations or Integrations
      4. On Site Support
      5. Engineer Call Outs
      6. Out of Hours Support
  8. Contract Terms
    1. XEPAY will take all reasonable steps to make sure items are delivered on the agreed delivery date. However, XEPAY is not liable for any loss or damages to the customer by any delay in delivery by any cause.
    2. XEPAY cannot be held responsible for any damage to a customer’s own equipment caused by the use of the company’s courier service. It is the customer’s responsibility to ensure the safe transit of goods to and from the company’s premises.
    3. Any collection of goods from a customer’s premises (whether belonging to XEPAY or the customer) will remain the responsibility of the customer whilst in transit. XEPAY reserves the right to charge for any damage to equipment due to poor or improper packaging on the part of the customer.
    4. XEPAY may pass the customer’s details to third-party suppliers to contact them by email and/or text message regarding the delivery of equipment.
    5. It is the responsibility of the customer to provide XEPAY with the correct address, email and mobile number. XEPAY is not liable for the loss of any items delivered to the wrong address as a result of incorrect details being provided by the customer.
    6. It is the responsibility of the customer to have an appropriate person available to sign for the delivery. All deliveries must be signed for.
    7. In case an item needs to be returned for any reason, original packaging may provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by the customer then XEPAY reserves the right to charge for this.
  9. XEPAY Hardware Warranty
    1. Any new hardware purchased directly from XEPAY, and manufactured by XEPAY, is warranted against manufacturing defect for the period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
    2. Any refurbished product purchased directly from XEPAY is warranted against manufacturing defect for the period of 90 days from the date of delivery of the goods unless sold as “like new” where it will have a period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
    3. Exclusions from this Warranty:
      1. Any “third-party hardware” is not covered by a warranty from XEPAY. Third-party hardware is any hardware not manufactured by XEPAY, or any hardware which is not branded as “XEPAY”.
      2. Warranty does not apply to leased card machines
      3. The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to:
        1. The product has been tampered with, repaired and/or modified by non-authorised personnel;
        2. The warranty seals have been broken or altered;
        3. Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear and gradual deterioration;
        4. Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
        5. Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB device
        6. Damage to the product through neglect to protect the hardware from viruses
        7. Damage to the product caused by an external electrical fault or an accident
        8. Fraud, theft, unexplained disappearance or wilful acts:
        9. Liquid/fluid damage or contamination of any kind
        10. Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than XEPAY software
      4. The warranty applies to replacement of faulty hardware only and does not cover the following:
        1. Reprogramming of Products and Menus
        2. Software Setup
        3. Setup of Peripherals
        4. Data Recovery
      5. XEPAY is not liable to provide any additional support in relation to the warranty as above without a valid support contract being in place with the customer.
    4. Covering a Product Under Warranty
      1. If a customer believes their product to have a fault that is covered by their warranty they must report the issue to XEPAY within the warranty period and return the item to XEPAY at their expense.
      2. Within 28 days of receiving the goods XEPAY will examine the device and if covered by the warranty will, and at XEPAY’s discretion, either:
        1. Replace the product with one of similar performance and capabilities
        2. Repair and return the product
      3. If a device fails outside of the first 30 days of original purchase, XEPAY retains the right to replace or repair the product with refurbished or remanufactured parts.
    5. Out of Warranty products
      1. XEPAY determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
      2. The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
    6. Replacement products
      1. If XEPAY determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
      2. The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
    7. Dead on arrival
      1. If a new device fails within the first 30 days of original purchase and is covered by a warranty, XEPAY will replace the device with another new product, at XEPAY’s expense.
  10. Contract Renewal & Cancellation
    1. After the Customer’s contract comes to an end, it will automatically renew for another 18 months unless the Customer advises XEPAY in writing, via email to cancellations@xepay.co.uk, at least 14 days prior to the renewal date that they do not wish to continue the contract.
    2. Cancellation requests must be sent via email to cancellations@xepay.co.uk. The email must be sent from the Customer’s registered email address with XEPAY and include the following details.
      1. Business name
      2. Full business address
      3. Merchant ID (MID) number
    3. The Customer is also responsible for returning all equipment provided by XEPAY at their own expense before the expiry of the contract. Failure to return all or any part of the equipment (charger, base, terminal) will result in the contract automatically renewing for another term.
    4. It is the Customer’s responsibility to return the card terminal(s\) and any associated equipment to XEPAY Ltd at the address listed on https://xepay.co.uk/terminal-returns/. The equipment must be returned in good working condition and include all original accessories.
    5. XEPAY will charge a restocking fee of £250 + VAT per terminal at the end of the contract to cover the cost of restoring the terminal to a resellable condition. This fee covers inspection, testing, cleaning, and repackaging of the terminal and any associated accessories to ensure the equipment is suitable for resale. The restocking process includes verifying the terminal’s functionality, ensuring all original accessories are included, and preparing the terminal for resale.
    6. If the terminal is returned in non-working order, is missing any of the original supplied accessories, or if the terminal is not returned at all, XEPAY will charge the Customer a fee of £350 + VAT. This higher charge reflects the additional costs of repairs (if required), the replacement of missing accessories, or the potential loss of resale value due to damaged or missing equipment. In the case of non-return, the charge will also cover the cost of replacing the terminal, as well as any associated loss in equipment value.
    7. XEPAY will also charge a £150 + VAT cancellation fee at the end of the contract per terminal. This fee is intended to cover the administrative costs associated with processing the cancellation, including but not limited to:
      1. Account closure and system updates to terminate the Customer’s access to services.
      2. Final invoicing and account reconciliation to ensure all outstanding balances are settled.
      3. Communication and correspondence with the Customer regarding contract termination and the return of equipment.
      4. Processing and inspection of the returned equipment to ensure it is in proper condition.
    8. The Customer will continue to be charged the monthly rental fee and any associated late payment fees for the terminal while it remains in the customer’s possession.
    9. If the Customer cancels the contract before the end of the agreed term, they will be liable to pay the full amount of the remaining monthly payments, the restocking fee, and the cancellation fee as outlined above. The Customer will also be required to return the terminal and any associated equipment to XEPAY within 7 days of making the cancellation payment to prevent the contract from continuing. 
    10. XEPAY may also choose to end the contract and apply all termination charges if:
      1. The Customer does not pay the charges when they are due.
      2. The Customer breaks the terms of this agreement and/or any other related agreements in any other way and the customer does not correct the situation within 7 days of notification by XEPAY.
      3. We reasonably believe that you are infringing or have infringed our rights or the rights of a third party.
      4. The Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement with or for the benefit of creditors.
      5. XEPAY discontinues this product.
      6. The customers merchant acquiring account is terminated due to breach of the Payment Acceptance Agreement
    11. Where XEPAY ends this contract they will give at least 30 days notice.
  11. Complaints Procedure
    1. XEPAY endeavours to ensure that all customers are satisfied with their purchase; however, where problems arise, the Customer commits to following this Complaints Procedure.
    2. If the Customer is not entirely satisfied with our products or services, their first action should be to contact the Support Team. Contact details are available at www.xepos.net.
    3. If the issue has not been satisfactorily resolved, the Customer should then make a written complaint by email to complaints@xepos.net.
    4. Written complaints should include full details of the situation, the nature of the complaint, and the customer’s full contact details.
    5. XEPAY will respond to initial complaints within 30 working days, providing advice on the resolution.
    6. XEPAY will endeavour to resolve the complaint as quickly as possible, working with the customer to understand all aspects and come up with a proposed resolution.
    7. By signing this agreement, the Customer agrees that if they decide to pursue a claim against XEPAY via the County Court or Chargeback Scheme, they will give XEPAY a minimum of 28 days’ notice of their intention to do so before beginning proceedings.
      1. Written notification must be sent via email to customerservice@xepos.net.
      2. During this period, XEPAY will endeavour to resolve any issues for the customer.
      3. The Customer agrees that if they fail to provide XEPAY with the required written notification within the 28-day period, they thereby waive their right to pursue a claim in the County Court or initiate a Chargeback, and their claim will not be upheld.
  12. All sales are bound by these Terms and Conditions, and XEPAY asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transaction and is not bound by Consumer law (such as the Consumer Rights Act 2015).

 

 

GDPR and Privacy 

You have certain rights in relation to your data, including the right to object to processing based on legitimate interests and direct marketing. At any time, you can exercise your rights by emailing us at gdpr@xepay.co.uk. For further details about our processing and your rights, please see below.

Parties

“we”, “us”, “our”, “XEPAY” refers to the company XEPAY Ltd (company number 12663619, registered address The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL)

“you”, “your” refers to any person(s) using our website, or any person(s) sharing their personal data with us

“affiliates” refers to any one of our partner companies or resellers

Responsible entities

We are the controller and processor of your Personal Data and responsible for the collection, processing and disclosure of your Personal Data as described in this Privacy Statement, unless expressly specified otherwise.

Your rights

Under the GDPR, you have a number of rights. In relation to our site, and the service that we provide, those rights are set out in the table above. Your rights in relation to the GDPR are as follows:

  • Right of access -You have the right at any time to ask us for a copy of the personal information that we hold about you, and to check that we are lawfully processing it
  • Right of rectification-If personal information that we hold about you is not accurate or is out of date and requires amendment or correction you have a right to have the data rectified or completed
  • Right of erasure – In certain circumstances, you have the right to request that personal information we hold about you is erased (e.g. if the information is no longer necessary for the purposes for which it was collected or processed)
  • Right to object to or restrict processing – In certain circumstances, you have the right to object to our processing of your personal information. For example, if we are processing your information on the basis of our legitimate interests, and there are no compelling legitimate grounds for our processing which override your rights and interests.
  • Right of data portability – In certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format
  • Right to withdraw consent – In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

Your privacy is important to us, and we want to communicate with our Customers in a way which has their consent and which is in line with UK law on data protection.  We will contact you by either phone, text, email, online messaging or through notifications in our software.  We will use your data for the following. We may also share your information with other companies in our group or our partners.

 

What do we use your personal data for?

We use your personal data for the following purposes:

  • Assessing an application for a product or service, including considering whether or not to offer you the product or service, the price, the risk of doing so, availability of payment method and the terms
  • Managing the product or service you have with us
  • Updating your records and recovering debt
  • Managing any aspect of the product or service
  • To make automated decisions on whether to offer you a product or service, or the price, payment method, risk or terms of it
  • To perform and/or test the performance of, our products, services and internal processes
  • To improve the operation of our business and that of our business partners
  • To follow guidance and best practice under the change to rules of governmental and regulatory bodies
  • For management and auditing of our business operations including accounting
  • To monitor and to keep records of our communications with you and our staff (see below)
  • For market research and analysis and developing statistics
  • For direct marketing communications and related profiling to help us to offer you relevant products and services, including deciding whether or not to offer you certain products and services. We’ll send marketing to you by SMS, email, phone, post, social media and digital channels (for example, using Facebook Custom Audiences and Google Custom Match).
  • To provide personalised content and services to you, such as tailoring our products and services, our digital customer experience and offerings, and deciding which offers or promotions to show you
  • To develop new products and services and to review and improve current products and services
  • To comply with legal and regulatory obligations, requirements and guidance
  • To provide insight and analysis of our customers both for ourselves and for the benefit of business partners either as part of providing products or services, helping us improve products or services, or to assess or improve the operating of our businesses
  • To share information, as needed, with companies in our group or business partners  or as part of providing and administering our products and services or operating our business
  • To facilitate the sale of one or more parts of our business
  • Please be aware that as part of the sales and application process, we will share the data you give with members of the EVO Payments International Group and Partners who are necessary for the review and acceptance of your application, and setup of your account.  The data is not sold or shared with any other persons for any other purpose such as general marketing.  If you would like further information, the full privacy policy is hosted at https://www.evopayments.co.uk/privacy/

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