PURPOSE OF THE AGREEMENT
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 these general terms by getting and/or installing the POS system, and/or 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 could infringe the rights of DIMELOS as the POS system owner or DIMELOS intellectual property; and the CLIENT commits to keep 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 that DIMELOS
6.- Once a POS system is installed, the CLIENT must keep it with available balance at anytime. 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 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 it is expired it will be automatically extended for one year periods, if no complaint or notice of termination is made by any of the parts
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 it or oppose it.
12.- Regarding taxable sales, some DIMELOS transactions are taxable sales (hereinafter "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 the state and local sales, the use, excise and other taxes on similar transactions required or allowed to charge to a customer with respect to the taxable sale (hereinafter the "Tax"); (b) the collection of the tax is the responsibility of the CLIENT; (c) report and remit the tax to the applicable tax authorities; and (d) provide the customer a tax receipt . The store will be solely responsible for reporting taxes to the tax authorities and be responsible for, and shall pay such taxes, according to the laws (Federal, State, Local, etc.) applicable.
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 costs related to the collection of such payments for their lawyers. The CLIENT undertakes to indemnify, defend and hold harmless DIMELOS and its agents, employees, officers, directors, partners, distributors, successors and assignees from any and all claims, actions or claims of any kind, character or description, brought in consequence of injury or damage received or sustained by any person or persons arising out of or be caused by negligence or misconduct of the CLIENT.
14.- Under no circumstance DIMELOS will be liable for special, incidental, consequential or punitive damages; even if DIMELOS is or is not notified of such damages, and although if it could or could not have foreseen it such damages.
15.- The CLIENT specifically authorizes DIMELOS the use and exploitation of the digital pictures taken in its establishments containing the brand "DIMELOS "; in any physical or electronic support, without geographical limitation, including the option of using it in advertising and/or promotion of the products and services of DIMELOS. Consequently, DIMELOS is allowed under this authorization to modify and edit the abovementioned digital pictures, as well as the diffusion and/or reproduction, totally or partially, in any material support, and at anytime present or future; not arising any right to the CLIENT by the use and/or exploitation of such pictures. The CLIENT also explicitly authorizes, in combination with the pictures or other media, DIMELOS use the trade name of the establishment and its owner with the same advertising and/or promotional purposes.
LAW AND JURISDICTION
16.- The configuration, interpretation and performance of this agreement are governed by the laws of Florida. For any discrepancies may arise in regard to the interpretation and enforcement of this agreement, the parties, explicitly waiving any other jurisdiction that corresponds to them by law, are subjected to the jurisdiction and competency of the Courts of the State of Florida, USA.
For more information visit our website www.dimelos.com or contact Customer Service (786) 216-0112 / (786)315-6869.To activate your account and maintain positive balance, you can make your deposit for DIMELOS LLC