TallOrder Solutions Service and Support
TallOrder Solutions is committed to providing our customers with superior support and customer service. This Service Level Agreement (SLA) outlines the expectations between the service provider and the client, ensuring clarity and accountability in service delivery.

Grant of License
During the agreed upon term, TallOrder grants Customer a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the subscribed Products. This license extends to Customer’s employees and other designated users (collectively, “Users”). The customer acknowledges TallOrder’s exclusive ownership of all intellectual property rights related to the Products, including any modifications or derivative works. All rights not expressly granted in this Agreement are retained by TallOrder.

Feedback Ownership
Customer acknowledges that any materials it provides to TallOrder, including feedback in various formats, shall become the exclusive property of TallOrder, without any obligation to acknowledge or compensate Customer. Customer agrees to assign all rights and intellectual property related to such feedback to TallOrder, and to assist TallOrder in perfecting and enforcing these rights at TallOrder’s expense. TallOrder retains the right to use or disclose feedback for any purpose without any obligation to Customer.

Purpose
The purpose of this Agreement is to establish clear ownership, roles, and responsibilities for service provision between TallOrder Solutions and our valued customers. It aims to provide a measurable description of service provision, aligning customer expectations with actual service delivery.

Objectives

• Provide clarity on service ownership, accountability, roles, and responsibilities.
• Offer a concise and measurable description of service provision to the customer.
• Ensure alignment between expected service provision and actual delivery.

Support
Customers and Partners may report errors to TallOrder POS Solutions according to our standard support procedures. Upon receipt of reports and confirmation of all due payments, TallOrder POS Solutions will promptly provide workarounds or coding fixes by our support procedures.

TallOrder POS Solutions reserves the right to implement modifications, enhancements, upgrades, and new versions of software as deemed necessary for optimal performance.

Scheduled Maintenance and Service Interruptions
TallOrder reserves the right to conduct scheduled or unscheduled repairs, maintenance, or upgrades on the Product, which may temporarily affect service quality or result in partial or complete downtime. Efforts will be made to minimise disruption to Customer’s business, and Customer agrees to cooperate as needed during such activities.

Product Changes and Customer Actions
TallOrder may, at its discretion, make changes to the Products, including additions, removals, or modifications. These changes may necessitate actions from Customer, such as installing patches or updates, upgrading to new versions, or migrating to alternative Products. Reasons for such changes may include legal compliance, security, third-party requirements, or termination of relationships with suppliers critical to Product provision.

Disclaimer of Warranties
Customer acknowledges several key points regarding the Products and Beta Technology:

1. TallOrder cannot guarantee specific results or uninterrupted availability of the Products or Beta Technology.
2. The Products and Beta Technology are provided “as is,” without any representation or warranty of any kind. TallOrder disclaims all conditions and warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
3. TallOrder is not responsible for any changes in product configuration, settings, or updates made by or on behalf of the Customer.
4. TallOrder expressly disclaims any specific service level warranties or commitments.
5. Despite these disclaimers, statutory rights or warranties that cannot be excluded by law remain unaffected.

Customers are responsible for maintaining compliance with minimum specifications for their systems as specified by TallOrder POS Solutions, and is kept in proper working condition and maintained by the recommendations of the manufacturer.

Scope: Services Included in SLA
• Remote Support: Telephone, Email, Remote Connect, TeamViewer, and Web-based support services in English.
• Software Support: Remote support for specified software products. Additional products can be added through an addendum to the existing agreement.
• Computer Hardware and Peripheral Support: Remote support for hardware and peripherals purchased from TallOrder Solutions.
• Networking Hardware: Remote support for networking hardware purchased from TallOrder Solutions.
• On-Site Installation: Scheduled installation of software, hardware, and peripherals by certified technicians.
• Menu Customisation: TallOrder offers menu customisation services to align with your physical screens and menu cards, including setup of brochures, products, and recipes. Menu customisation fees are billed separately from the setup fee at a rate of R600 per hour. Any additional customisation or menu item additions beyond the agreed-upon menu will be communicated to the client and billed accordingly.
• On-Site Support and Maintenance: Deployment of certified technicians for on-site support and maintenance. Onsite support and maintenance is billed at the current price list (one day minimum for remote support) plus any required parts as well as travel and accommodations.
• Training: sessions are available both on-site and remotely at TallOrder Solutions offices or online. On-site training scheduling is done on a best-effort basis. Prices are listed on the website and any training exceeding the predetermined hours will be billed at R600 per hour. Training can be scheduled in one session or divided into multiple periods. It is recommended to have multiple sessions for better understanding. Full attention from attendees is required, and sessions must be scheduled in advance before the solution launch.

*NB Clients are requested to apply for training on the TallOrder website via the TallOrder training request form, Request TallOrder Point of Sale Training. Further training documentation to be signed once the requested training has been completed.

*NB On site installations, training or remote training are payable before our technician arrives or remotely connects.

*NB Training T&C’s apply, Read through our Terms & Conditions.

Severity of Support issues
When reporting a software error or support concern, client in consultation with TallOrder Solutions will reasonably allocate a severity level to its support requests in accordance with the breakdown below.

Installation Period
Installation must be completed and signed off within two weeks of order confirmation, payment and all sign up documents received, unless otherwise agreed upon in writing.

Subscription billing will start from the installation date unless a future date has been agreed upon in writing.

Third Party Integration Partners
You acknowledge that in the provision of certain optional features and services, TallOrderPos.com, on receipt of instructions from you, may be required to transfer certain data held in your TallOrder account to, and otherwise interact with, third party partners who provide services that you have elected to integrate with the TallOrder Services (“Third Party Integration Partners”).

For a current list of our Third Party Integration Partners, visit our integrations tab on our homepage. You agree that if and to the extent such data transfer occurs, it is on your express election and instruction by your agreeing to use the Third Party Integration Partner’s services. You are solely responsible for compliance with all applicable laws (including applicable data protection laws) in respect of the transfer of the data by TallOrderPos.com to the Third Party Integration Partner, and for entering into separate contractual agreements with the Third Party Integration Partner.

TallOrderPos.com is in no way liable for the provision of the services or the handling and processing of any data by the Third Party Integration Partner. For the avoidance of doubt, such third parties are not TallOrderPos.com’s subprocesses for data protection purposes.

Our liability is limited:
To the maximum extent permitted by law, TallOrder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if TallOrder has been advised of the possibility of such damages), resulting from:

a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions;
b) the cost of procurement of substitute goods and services;
c) unauthorised access to, or alteration of, your communications or data;
d) statements or conduct of any third party regarding the TallOrder Services; or
e) any other matter relating to the TallOrder Services.

In any case, TallOrder maximum aggregate liability under or in connection with these Terms or your use of the TallOrder Services is limited to the amount of Fees paid by you in the past 3 months.

Beta Testing Agreement
Purpose: This agreement delineates the terms and conditions for engaging in our beta testing initiative (“Beta Testing Agreement”).

1. Beta Testing Program Participation:
By opting into our beta testing initiative (“Beta Testing Program”), you commit to:

• Testing and assessing our beta software (“Beta Technology”) as instructed by TallOrder Solutions.
• Familiarising yourself with provided information about the Beta Technology and utilising it strictly as directed.
• Reporting any functional flaws, errors, or issues associated with the Beta Technology to TallOrder Solutions.
• Responding to inquiries, surveys, and test documents from TallOrder Solutions.
• Appointing a single technical contact to facilitate communication with TallOrder Solutions.

2. Testing Obligations:
Throughout the Beta Testing Program, you undertake to:

• Cover all incidental expenses linked to testing the Beta Technology, unless otherwise specified in writing.
• Maintain backups of your own data.
• Recognise that TallOrder Solutions holds no obligation to transfer Customer Content to any other product or service post the Beta Testing Program’s conclusion

3. Software Ownership:
You acknowledge TallOrder Solutions’ sole ownership of all intellectual property rights in the Beta Technology. You agree not to misuse the Beta Technology, including but not limited to reverse engineering, modifying, or decompiling it without prior written consent from TallOrder Solutions.

4. Compensation and Feedback:
Participation in the Beta Testing Program does not entitle you to compensation unless stated otherwise in writing. Feedback provided during the Beta Testing Program becomes the property of TallOrder Solutions.

5. Termination:
TallOrder Solutions retains the right to terminate the Beta Testing Agreement with 30 days’ written notice. By engaging in the Beta Testing Program, you affirm your adherence to the terms laid out in this Beta Testing Agreement.

Customer Responsibilities

1. Account in Good Standing: Customers must ensure their accounts are always up to date. If overdue by 7 days or more, support services may be suspended until the account is settled. TallOrder Solutions reserves the right to disconnect services if fees remain outstanding.
2. Prompt, Polite, and Accurate Communications: Customers are expected to promptly and courteously communicate any support issues to TallOrder Solutions’ Support Department. Politeness and patience with support staff are required.
3. Prompt Response with Requested Information: Customers must promptly provide any additional information requested by TallOrder Solutions for support cases. Availability of customer representatives is necessary for resolving service-related incidents or requests.
4. Closing your Account Responsibilities: Customers can close their TallOrder Solutions account at any time without cost but remain responsible for outstanding purchases and fees. No refunds are issued for previous service charges. A 30-day notice period is required for cancellations.
5. Reconnection/Reactivation Fees: Customers returning to TallOrder Solutions after canceling their POS contract or termination due to unsuccessful payment must pay a reconnection/reactivation fee of R650 ex VAT.

Customer Conduct Policy
TallOrder Solutions is committed to providing a professional and respectful environment for both our customers and support team members. We expect all interactions to be conducted courteously and respectfully.

As such, we have implemented the following policy regarding customer conduct during support calls:

Professional Conduct– Customers are expected to communicate with our support team professionally and respectfully at all times. Any use of derogatory language, swearing, or abusive behavior towards our support staff will not be tolerated.

Right to Terminate Support Call– TallOrder Solutions reserves the right to terminate a support call if a customer fails to adhere to our conduct policy. In such cases, the customer will be given a warning and the opportunity to adjust their behavior. If the behavior persists, TallOrder Solutions may terminate the support call and provide the customer with 30 days’ notice of termination of support services.

Consequences of Violation-Violation of the conduct policy may result in the suspension or termination of support services, as outlined in the terms of this Agreement. By engaging with our support team, you acknowledge and agree to abide by this conduct policy. We appreciate your cooperation in maintaining a positive and professional support environment.

*Cancellation of Contract: TallOrder Solutions reserves the right to cancel a contract with a customer upon providing 30 days’ written notice. In such cases, TallOrder Solutions will make reasonable efforts to notify the customer in advance and outline the reasons for the cancellation. Any outstanding fees or obligations owed by the customer at the time of cancellation remain payable.

License for Use of Customer’s Name and Trademarks
During the duration of the Agreement, Customer provides TallOrder with a no-cost license to utilise, reference, and showcase Customer’s name and trademarks in various communications, including but not limited to publications, press releases, websites, and social media posts. This usage is associated with promoting, marketing, distributing, and publicly disclosing the TallOrder brand, activities, and Products (referred to as “Materials”). Upon termination of the Agreement, TallOrder is obligated to remove all instances of Customer’s name and trademarks from the Materials within sixty (60) days.

Hardware Purchase Terms
Purchase and Shipment If Customer agrees to purchase Hardware, they must pay the specified purchase price listed in the Order Form, inclusive of associated fees and taxes. Hardware availability is subject to confirmation, and shipment occurs upon receipt of payment. In cases of unavailability, TallOrder may substitute an equivalent product. All Hardware sales are final. Customer must verify shipment accuracy within five (5) business days of receipt to maintain warranty eligibility.

Warranty
TallOrder provides a thirty (30) day Limited Warranty for new Hardware, covering defects in workmanship and materials. This warranty is non-transferable. During this period, TallOrder may repair, replace, or refund defective Hardware at its discretion. Charges for returning Hardware are borne by the Customer, and a restocking fee may apply. Post-warranty, the Customer must contact the manufacturer for repairs or replacements. TallOrder Limited Warranty excludes certain conditions such as normal wear and tear, unauthorized tampering, misuse, and damage from external factors.

Network Installation
While TallOrder may offer occasional guidance for network installation, Customer retains full responsibility for their network setup.

Exclusive Remedy
Repair or replacement serves as the exclusive remedy for Hardware purchases. TallOrder disclaims all other warranties, conditions, or guarantees, whether express or implied, including merchantability and fitness for purpose.

Fees and Payments
In consideration for the use of and access to the Software, the customer shall pay to TallOrder POS Solutions, or to TallOrder POS Solutions’ designated Service Partner, all the fees, charges and expenses agreed to be applicable thereto, and in particular as specified in the order.

Save to the extent otherwise agreed in writing, TallOrder POS Solutions or its designated Service Partner may invoice the customer monthly in advance for the monthly software fees and any related taxes for the duration of this agreement. Save to the extent otherwise agreed in writing, TallOrder POS Solutions or its designated Service Partner may invoice the customer monthly in arrears for all expenses and interest that are due for such month.

Unless otherwise agreed in the order, invoices issued by TallOrder POS Solutions or its Service Partner will be payable within 7 (seven) days of invoice via direct debit. All payment obligations under this agreement are non-refundable. All payments shall be made by electronic transfer, debit order or direct deposit into the bank account of TallOrder POS Solutions or its designated Service Partner as indicated on the invoice. All amounts due and payable by the customer shall be paid in the currency specified for payment in the relevant invoice.

The fees, charges and expenses payable by the Customer hereunder are net amounts, free from set-off or deductions and exclusive of all sales, use, withholding, excise, value added, and ad valorem taxes incurred by the Customer or imposed on TallOrder POS Solutions or its Service Partner or otherwise due as a result of this agreement. The customer shall pay any and all such taxes and duties, customs fees and similar charges, whether directly to the appropriate taxing authority or by reimbursing TallOrder POS Solutions for payments it made on the Customer’s behalf.

The Customer shall not be entitled for any reason whatsoever to withhold or defer payment under this agreement. Payments which are not received when payable shall bear interest at the lesser of the maximum amount chargeable by law or 1½%per month, capitalised monthly, commencing with the date payment was due. Amounts received from customers may be allocated as follows: Firstly towards interest and reimbursement of expenses, secondly to service fees and thirdly to software fees.

Pricing of our software license fees may increase annually. Any price increases will be communicated to you one month in advance.