Verifone Pay Terms & Conditions
Field Services Exhibit (English)
These Supplemental Terms and sub-exhibits set forth the terms and conditions on which Verifone will provide certain on-site hardware installation, retrieval, and repair services for Verifone hardware referred to individually as "Installation Services," "Retrieval Services," and "Field Swap Services" and collectively as the "Field Services", which are further described herein.
1. GENERAL.
1.1 General. Verifone will provide Field Services charged as set forth in an applicable Order Form. Capitalized terms used and not otherwise defined herein will have the meaning given to them elsewhere in Verifone's Standard Terms & Conditions. Field Services shall be considered "Services" for purposes of Verifone's Standard Terms & Conditions.
1.2 Description of Field Services. Set forth below is a description of the Field Services:
| Field Services |
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Installation Services: Verifone will ship the Device to the applicable customer location. Upon arrival of the Field Service technician to the site location, the Field Service technician will check-in with the site representative. The site representative shall locate and provide to the Field Service technician the Device, parts and/or components that have already shipped for the applicable installation service. The Field Services technician will perform installation of Device as applicable for the service. Installation will comprise connecting the Device and related equipment (as included in the kit/SKU), turning it on, downloading configuration data from the terminal management system, enabling the Device initialization, and testing the Device is in working order. The Field Service technician will perform testing to confirm the Device successfully approves sign-ons and that the Merchant ID/Terminal ID uploaded is correct on the Device. Testing live transactions is not included. The Field Services technician will perform site clean-up of materials involved in the service. The Field Services technician will request your or your alternate authority's signature on a service completion form. |
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Retrieval Services: Upon arrival of the Field Service technician to the site location, the Field Service technician will check-in with the site representative. The Field Services technician will perform de-installation of the applicable Device. The Field Services technician will box up the de-installed Device, apply a shipping label for return back to Verifone, and arrange for shipment. Verifone will complete the safe and secure destruction of the Device, unless agreed otherwise. The Field Services technician will request your or your alternate authority's signature on a service completion form. |
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Field Swap Services: Upon arrival of the Field Service technician to the site location, the Field Service technician will check-in with the site representative. The Field Services technician will replace the affected Device with a Device in working condition as necessary. You acknowledge that replacement devices may be refurbished devices. The Field Services technician will request your or your alternate authority's signature on a service completion form. |
1.3 Service hours. Field Services will be available from 9:00am to 5:00pm (local time at the nearest Verifone forward stocking location to where the Field Service is requested) Monday to Friday, excluding public holidays.
1.4 Covered Territories. Field Services are available in the countries and locations designated by Verifone from time to time. Territories, possessions, and certain remote locations or islands within certain countries may be excluded from the coverage area, as determined by Verifone from time to time. Specific details regarding service availability and exclusions are available upon request.
1.5 Central and Remote Service Locations. Field Services may be provided at service locations classified in Verifone's service location zone schedule (the "Zone Schedule"), subject to availability. The Zone Schedule assigns zones based on postal code or other geographic designation, as applicable by country. Verifone will provide a copy of the Zone Schedule upon request; Verifone may update the Zone Schedule from time to time upon prior written notice to you. Service locations classified as Zone 0, Zone 1, or Zone 2 are considered "Central Service Locations" and are not subject to any additional location-based charge. Service locations classified as Zone 3, Zone 4, Zone 5, or Zone 6 are considered "Remote Service Locations" and are subject to the applicable zone-based mileage surcharge set forth in the Order Form. Service locations not assigned a zone in the Zone Schedule are subject to a mileage surcharge as separately quoted by Verifone.
1.6 Billing; Fees. Verifone shall be entitled to bill you the Fees set forth in the applicable Order Form. Verifone reserves the right to modify the Fees for new Field Services upon thirty days' prior written notice to you.
1.7 Additional Repair Fees with Field Swap Services. The Field Swap Service Fee covers only the device swap and excludes repair costs for the retrieved Device. If the retrieved Device is covered under Verifone's standard warranty or Buyer Protection Plan Service, repairs will be performed pursuant to those terms. If coverage has lapsed or the damage falls outside the scope of coverage, including issues resulting from negligence or misuse (including failure to comply with Verifone's published guidelines for cleaning its Devices, currently available at https://www.verifone.com/index.php/en/us/insight/how-clean-verifone-devices), non-Verifone products or components, Force Majeure Events, cosmetic defects, software defects, or problems with accessories or consumable items (collectively, "Out-of-Scope Conditions"), a per-incident repair fee will apply based on the applicable Out-of-Warranty Repair Fees set forth in an Order Form or Verifone's quoted rates if no such schedule exists. You acknowledge that Verifone may not identify Out-of-Scope Conditions until diagnosis, which may occur on-site or at a Verifone facility, and additional fees may be assessed accordingly.
1.8 Reporting. Verifone will make available to you a periodic report showing the Field Services performed and status of all Field Services in progress.
1.9 Excess Time on Site. Each Field Service instance includes a fixed allotment of on-site time as set forth in the Order Form (the "Included Time"). Time on site in excess of the applicable Included Time ("Extended Time") is out-of-scope and will be charged per 15-minute increment (or portion thereof), as set forth in the Order Form.
1.10 Field Service Capacity Planning. The parties shall meet monthly to conduct demand planning and mutually agree on Verifone's available Field Service capacity for the upcoming three-month period ("Forecasted Capacity"). If Verifone Forecasted Capacity is not set or if Verifone performs any Field Services exceeding the Forecasted Capacity, such services will be provided on a reasonable efforts basis only, without guarantee of availability or timing.
2. FIELD SERVICES PROCEDURES.
2.1 General Field Services Procedures. Field Services will be performed in accordance with Verifone's services procedures. Verifone will be required to provide Field Services only if Verifone receives a written request for Field Services, including all information requested by Verifone to book the Field Service, in the appropriate format prescribed by Verifone.
2.2 Scheduling.
2.2.1 Installation Services and Retrieval Services. Installation Services and Retrieval Services must be scheduled by you at least ten (10) business days prior to the date of the requested service. If you request to reschedule a planned Installation Service or Retrieval Service with less than ten (10) business days' notice prior to the date of the planned service, a rescheduling fee of USD $75.00 may be charged for each such unanticipated rescheduling. If you request to reschedule or cancel a planned Installation Service or Retrieval Service with less than twenty-four (24) hours' notice prior to the date of the planned service, an additional service fee will be charged. You will use reasonable efforts to schedule Installation Services and Retrieval Services in a manner that aligns with Forecasted Capacity.
2.2.2 Field Swap Services. Field Swap Services will be scheduled by you on an as needed basis. A Field Swap service is initiated when requested and therefore any request for cancelation or rescheduling will be charged an additional Field Swap Service fee.
2.2.3 Scheduling Platform Use. You will schedule Field Services through Verifone's designated platform, portal, or other process as communicated by Verifone.
2.2.4 Notices of Cancelation and Rescheduling. Any notice of cancelation or rescheduling must be provided to Verifone in writing.
3. YOUR OBLIGATIONS; OUT-OF-SCOPE SERVICES.
3.1 Verifone's obligation to provide Field Services is contingent upon you and the associated Field Service location meeting the following requirements for each requested Field Service:
(a) Site Readiness: Ensure the service location is accessible, unobstructed, safe, and has electric power and suitable internet access available at the scheduled time; obtain necessary permits and complete any preparatory work, including tasks prescribed by Verifone, before the scheduled service;
(b) Access and Support: Provide Verifone technicians with access to the location and necessary facilities (e.g., server room), parking (or reimburse parking fees if free or direct payment is impractical), and ensure presence of a representative authorized to approve services and knowledgeable about system operations;
(c) Equipment and Compatibility: Have required Devices and/or parts ready, ensure system compatibility (including completed updates), and confirm merchant and Device configurations are loaded into the host system; and
(d) Information Accuracy: Provide accurate service-related information, including the correct address and contact details.
3.2 Verifone will not be required to perform any requested Field Services if you fail to meet the obligations outlined in clause 3.1 for the relevant service location or Field Services. Verifone is not responsible for delays or inability to perform Field Services due to circumstances beyond its control, including non-compliance by you, or inclement weather. If a Field Service is cancelled or cannot be completed due to your issues or actions, including voluntary cancellation during service, the Field Service fee remains payable.
3.3 Verifone is not required to perform any of the following as part of the Field Services (collectively, "Out-of-Scope Services"):
(a) Your-Related Issues: Repair Out-of-Scope Conditions, revisit sites, or spend additional time due to your non-compliance. Fix improper installations of Verifone products or third-party accessories done by you or third parties.
(b) Third-Party and External Systems: Troubleshoot or configure external hardware or software, circuits, or connections to Verifone products, including cable management issues.
(c) Specialized Equipment and Work: Use heavy machinery, lift equipment, or non-standard tools, or perform tasks requiring a licensed electrician, obtain permits, or handle any power or data cabling beyond standard Device cables.
(d) Consumables: Address issues related to consumables (e.g., printer paper jams).
(e) Undefined Services: Perform any work not explicitly described in the Field Services scope under Section 1.2.
3.4 Notwithstanding the foregoing, Verifone may, in its sole discretion, agree to perform Out-of-Scope Services that are subject to fees and costs to be paid by you in respect of such Out-of-Scope Services, including as may be set forth in an Order Form.
4. TERMINATION.
4.1 Termination.
(a) Either Party may terminate these Supplemental Terms, in whole or part, at any time on sixty (60) days' prior written notice to the other Party.
(b) Either Party may terminate these Supplemental Terms for any reason for which the Party is entitled to terminate the Verifone Standard Terms and Conditions generally in accordance with Section 4 of the Verifone Standard Terms and Conditions.
4.2 Effect of Termination. Upon termination of these Supplemental Terms, you may no longer order, and Verifone shall have no obligation to provide, Field Services under these Supplemental Terms.
EXHIBIT 1.1
Field Services Service Levels
1. Response Time Service Levels. Verifone shall use commercially reasonable efforts to achieve the following response time service levels ("Response Time SLAs") for not less than ninety-five percent (95%) of all Field Services during each Measurement Period. Performance against the Response Time SLAs shall be measured monthly, on a Covered Territory-by-Covered Territory basis. Verifone shall provide a Response Time SLA performance report upon your request.
| Location Type | Installation Services and Retrieval Services Response Time | Field Swap Services Response Time |
|---|---|---|
| Central Service Location | Arrival on the scheduled day | Next Business Day |
| Remote Service Location | Arrival on the scheduled day | 2-3 Business Days |
2. Response Time Definition. "Response Time" means the period from the time a Field Service is scheduled until the time a Field Service technician arrives at the designated service location. Field Service requests submitted after 5:00 p.m. local time for the location of the Field Service shall be deemed received at 9:00 a.m. on the following Business Day for purposes of measuring Response Time. If you request any change to the service address or other service details, the Response Time shall be measured from the time you confirm such change.
3. Exclusions from SLA Calculations. Field Services performed in respect of Out-of-Scope Services, Field Services in excess of Forecasted Capacity, and any Field Services that cannot be performed or are delayed as a result of any event or circumstance that is out of Verifone's control, including your failure to comply with your obligations under these Supplemental Terms or inclement weather conditions, will not be included in the calculation of Verifone's compliance with the service levels.