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Terms & Conditions

Terms of Conditions for Sales of Products and Services

Last updated: 01/02/2021

Terms and Conditions
for Sales of Products and Services

The following terms govern our agreement to provide products and services to you as the Customers. It is important that you read these carefully and in full before ordering any products and services from Visual Business Retail Limited.

We reserves the right to amend, modify or alter any of these terms and conditions without prior consent of you as our customer.
By signing up for the Products and Services you warrant that you can enter into binding contract or are acting with the express permission of a person or organisation and using the payment details of that person or the organisation and that they also agree to be bound by the terms of this agreement.

    1. VISUAL BUSINESS RETAIL LIMITED is a company registered in England and wales (company no. 05210928) with its registered address at Endeavour House, Unit 5, 2 Cambridge Road, Kings upon Thames, Surrey, KT1 3JU England, (Trading as VBR) and operate the web sites namely, www.visualbusinessretail.co.ukand www.evbr.co.uk, is the “Seller” ;

    Section 1.01    You are the “Customer” who has formed the partnership by engaging with Visual Business Retail Limited to purchase Products and/or Services on behalf of the business that you work for.

  2. Definitions and Interpretation

    Section 2.01   The definitions and rules of interpretation in this clause apply in these Terms & Conditions (“Agreement”):

    (a)    System: Visual Business Retail applications, Sharp Electronics Europe Ltd Applications, interfaces and technical systems, including any Software and any related manuals;

    (b)    Hardware: any hardware provided by Visual Business Retail, including point of sale terminals, receipt printers, cash drawers and epos peripherals;

    (c)    Software: any point of sale software provided by Visual Business Retail for use with the Hardware or any third-party hardware;

    (d)    Product: any Hardware and/or Software;

    (e)    Professional Services: means all projects that are scoped out under the name ‘Professional Services’ in an order or Statement of Work;

    (f)    Support Service Plan: the ‘Standard’ support service plan or “Value” Support service plan or ‘Premium’ support service plan for the maintenance and providing regular updates of the Software, when it is become available, please refer further detail in Article 11 below;

    (g)    Support Services: the services to be provided by Visual Business Retail to the Customer under this Agreement, as agreed by the parties in writing. This can include: support, maintenance and installation of the Products;

    (h)    Return to Base: means that the Customer is required to send any Hardware with a fault or defect back to Visual Business Retail’s designated location to undertake testing of the Hardware;

    (i)    Working Days and Hours: Monday to Friday (excluding any bank or public holidays in England); and 9am to 6pm GMT on a Working Day.

    (j)    Data Protection Laws: means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the General Data Protection Regulation 2016/679 (GDPR) from 25 May 2018.

    (k)    Intellectual Property Rights: any patents, copyright, trademarks, trade names, domain names, rights in designs (whether registered or unregistered) database rights, topography rights, moral rights, rights in confidential information (including without limitation, know-how and trade secrets) and any other intellectual property rights or industrial property rights, in each case whether registered or unregistered and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;


    Section 2.02    The terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense
    of the words preceding or following those terms

    Section 2.03    In the event of conflict between this Agreement and any Statement of Work, the Statement of Work will prevail.

    Section 2.04    A reference to ‘writing’ or ‘written’ includes email and faxes unless stated otherwise.

  3. Definitions and Interpretation

    Section 3.01    This Agreement shall apply to any Products and/or Services provided by Visual Business Retail to the Customer (and shall be incorporated into any quotation or order for such Products and/or Services).

    Section 3.02    Any acceptance of a quotation or placement of an order by the Customer will be treated as an offer to purchase the Products and/or Services from Visual Business Retail and Visual Business Retail will have the right to reject such offers at any time.

    Section 3.03    This Agreement shall prevail over any inconsistent terms or conditions contained in, or referred to in, the Customer’s purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.

    Section 3.04    This Agreement incorporates and supplements the Visual Business Retail Software End User Licence Agreement (“EULA”) at Annex A (as updated from time to time). In the event of conflict between the terms of this Agreement and the EULA, this Agreement shall prevail.

  4. Selecting a Product(s) and Service(s) from Visual Business Retail trading as VBR

    Section 4.01    Visual Business Retail shall provide information about its Products and Services to help inform the Customer’s basis of its purchase and, if requested by the Customer, Visual Business Retail may provide a full demo of its Software on a free of charge basis.

    Section 4.02    It is the sole responsibility of the Customer to ensure that the Product(s) and/or Services that they are purchasing meet the Customer’s requirements.

    Section 4.03    On Customer’s request, Visual Business Retail will promptly provide a written Sales Order quotation for any Product(s) and/or Services. This quotation will be a guideline price and does not form the basis of any contract between the Customer and Visual Business Retail.

    Section 4.04    Any advice or recommendation given by Visual Business Retail or its representatives to the Customer regarding the Services or the storage, application or use of the Products which is not confirmed in writing by Visual Business Retail is followed or acted upon at the Customer’s own risk, and accordingly Visual Business Retail shall not be liable for any such advice or recommendation which is not so confirmed in writing.

    Section 4.05    Any typographical, clerical or other error or omission in any sales literature, Sales order quotation, price list, acceptance of offer, invoice, website or other document or information issued by Visual Business Retail shall be subject to correction without any liability on the part of Visual Business Retail.

    Section 4.06    The Customer will assume the risk for the Products once they have been delivered to the delivery address specified in the Customer’s order. Risk in the Products will only transfer back to Visual Business Retail upon its physical receipt of the Products if they are eligible to be returned in accordance with this Agreement.

    Section 4.07    Title to any Products ordered by the Customer shall pass to the Customer upon Visual Business Retail receiving payment in full for those Products.

  5. Fees
        Section 5.01    All Product and Service pricing is provided in ‘good faith’ by Visual Business Retail. Unless stated otherwise in a quotation, written quotations are valid for 30 days from the date of their issue, however, some offers, and discounts are subject to shorter time frames. Where this is the case, the Customer will be advised by Visual Business Retail representatives and/or in Visual Business Retail’s sales literature.

        Section 5.02    The Customer will reimburse Visual Business Retail for any travel, subsistence and living expenses reasonably incurred for the performance of the Services, which Visual Business Retail shall quote and agree in advance with the Customer where such expenses are reasonably foreseeable.

        Section 5.03    All invoices are due and payable by the Customer (or via a finance provider, where applicable) immediately upon receipt of the applicable invoice. The Customer acknowledges that no Products will be dispatched, and no Services will be provided, until payment of the applicable invoice is received by Visual Business Retail in cleared funds.

        Section 5.04    All prices Visual Business Retail quotes are exclusive of VAT (or such other applicable sales tax in force from time to time). Where VAT is payable by the Customer, this will be added to the invoice in addition to the fees.

        Section 5.05    Without prejudice to any other right or remedy that Visual Business Retail may have, if the Customer fails to pay Visual Business Retail by the relevant invoice due date, Visual Business Retail may:

                Charge interest on such sum from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily and being compounded quarterly until payment is made, whether before or after any judgment;
                suspend the provision of the Services; and/or
                the Customer shall hold the Products on a fiduciary basis and Visual Business Retail shall be entitled at any time to require the Customer to ‘deliver-up’ the Products to Visual Business Retail and, if it fails to do so, the Customer acknowledges and agrees that Visual Business Retail may enter the Customer’s premises or any third-party premises where the Products are stored and repossess the Product.

    section 5.06    The standard service offered by Visual Business Retail shall include standard ‘welcome’ setup of the System and remote support (in accordance with the applicable Support Service Plan). Complimentary implementation training may also be offered and provided by Visual Business Retail to the Customer (subject to availability), which will consist of up to 4 hours of training, email and/or live chat support. Any additional Professional Services, further training, on-site support and/or custom work required will be subject to a professional services fee (which will be quoted on application) at the then current Visual Business Retail day / hour rates. All Professional Services exclude travel, subsistence and living expenses, which shall be invoiced separately in accordance with Section 6.02.

    Section 5.07    All postage and packaging fees will be charged to the Customer in addition to the fees for the relevant Products and Services
    at Visual Business Retail’s then current rates.

  6. Customer Responsibilities
    Section 6.01    The Customer will be responsible for installing the Hardware (unless otherwise agreed in writing with Visual Business Retail) and will keep the Hardware in the environmental conditions recommended by Visual Business Retail and ensure that the external surfaces, cables and fittings of the Hardware are kept in good, clean condition.

    Section 6.02    The Customer will ensure that the Hardware is only used by properly trained staff in accordance with Visual Business Retail’s instructions from time to time. The Customer will ensure that only personnel authorised by Visual Business Retail adjust, modify, configure, maintain, repair, replace or remove any part of the Hardware.

    Section 6.03    The Customer will maintain adequate records of the use, maintenance and malfunction of the Hardware and will provide Visual Business Retail with such information and assistance concerning the Hardware, its application, use, location and environment as Visual Business Retail may reasonably require enabling it to carry out the Support Service Plan.

    Section 6.04    The Customer will immediately notify Visual Business Retail if there is any failure of the Hardware or the System and will allow Visual Business Retail full and free access to the Hardware and all documentation, software, materials and services necessary for the provision of the Support Service Plan. The Customer will ensure that relevant trained and experienced staff are available when required by Visual Business Retail to provide Visual Business Retail with information required to diagnose and/or repair the issue.

    Section 6.05    It is the Customer’s sole responsibility to regularly operate and verify a proper back-up routine, maintaining all back-up copies in a secure environment.

    Section 6.06    The Customer undertakes to put and keep in place adequate security measures and up-to-date firewalls to protect the Hardware, Software and Systems from any viruses, harmful code or unauthorised access. Visual Business Retail shall not be responsible for any unauthorised access to the System by means of hacking, any unauthorised access of the Hardware with intent to commit or facilitate the commission of an offence or any unauthorised modification of the Hardware by a third party.

    Section 6.07    The Customer is responsible for ensuring that their login password to the Visual Business Retail Systems remains secure and confidential. The Customer should update their password regularly and ‘remember me’ type functions should not be used on publicly available or shared computers.

  7. Internet / Network Requirements
    Section 7.01    Visual Business Retail’s Products require a reliable and robust connection to the internet / local network to take advantage of all the online features and benefits. It is the Customer’s responsibility to ensure that it has an appropriate internet / local network connection in place prior to installation of the Software and to also ensure that the internet connection is maintained correctly and includes an up-to-date firewall.

    Section 7.02    The Customer must provide a separate physical network or a separate V-LAN for Visual Business Retail’s Hospitality system. This must not be shared with other devices, particularly those that cause high volume, high congestion or unpredictable network loads including (but not limited to) guest networks and music or video streaming devices.

    Section 7.03    The Customer is solely responsible for any connection charges, line rental charges and call charges in relation to any Products.

    Section 7.04    Whilst Visual Business Retail representatives may provide advice and an indication of the suitability of the Customer’s internet / local network connection, it remains the Customer’s sole responsibility to ensure it has a suitable internet / local network connection both before and after an order is placed. Visual Business Retail is not responsible for any slow responses to its Systems, including where this is caused by the Customer’s poor internet / local network connection.

    Section 7.05    Provision of Local Area Network (LAN) infrastructure (e.g. cabling, network switches, WAN router) is the responsibility of the Customer and should be appropriate to the size of business and criticality of the operation.

    Section 7.06    Where the System is to be used over Wi-Fi (e.g. tablets/mobile devices):

    (a)    the Customer is responsible for the setup, configuration and management of both the Wi-Fi infrastructure and the Customer devices. This includes ensuring Wi-Fi coverage in required areas and ensuring network dropouts due to Wi-Fi roaming are minimised; and

    (b)    the Customer must consider that Wi-Fi is not as robust as a wired network and network dropouts can occur due to Wi-Fi coverage, access point roaming, tablet sleep modes as well as other environmental factors. This is not unique to Visual Business Retail Systems and should be considered when selecting a Wi-Fi solution.

    (c)    Visual Business Retail Systems are designed to work offline, but where no network connection (LAN or WAN) is available or the network connection is unreliable, some functionality is reduced.

    (d)    Where Customer devices are used offline for extended periods, the Customer must ensure that such devices are regularly (at least every 7 days) connected to the Local Area Network (LAN) and the internet to ensure data is synchronised with its Master POS System. All till devices must regularly (at least every 7 days) perform ‘End of Day/Close Till’ operations to ensure that the local data store can be archived to the Master POS System.

  8. Business Retail Partners - Terms and Conditions - Worldpay £100 Pre-Paid Mastercard Offer

    1. Offer available until 31 March 2021 unless amended, suspended or withdrawn by Worldpay as described below.
    2. Offer only available to new Worldpay customers who are based in the United Kingdom and who enter into a minimum 18 month terminal hire agreement with Worldpay and/or who sign up to take gateway services from Worldpay. Customers will need to sign up to Worldpay’s standard Merchant Services Agreement and Custom (Standard) Pricing Plan for acquiring services. Offer does not apply to applications submitted online.
    3. Worldpay’s standard account opening procedures will apply and acceptance is at Worldpay’s sole discretion. Terms and conditions apply to all Worldpay services.
    4. The offer of the virtual £100 Mastercard pre-paid card (the “£100 Pre-Paid Card”) is subject to the new Worldpay customer starting to process payments through Worldpay within 60 days of being formally accepted as a Worldpay customer.
    5. Provided that the terms and conditions are complied with, Worldpay will use its reasonable endeavours to arrange for the despatch of redemption details for the £100 Pre-Paid Card within 60 days of the new Worldpay customer starting to process transactions (not including any test transaction(s)). The £100 Pre-Paid Card redemption details will be sent by email by Giftcloud to the business email address provided in the application form for Worldpay’s services and is only to be used by and for the new customer’s business and not an individual employed by the business. You consent to Worldpay providing Giftcloud with your business name and the email address included in your application form for the purposes of Giftcloud despatching the redemption details to you.
    6. The £100 Pre-Paid Card will be provided as a digital (virtual) image and once activated can be used for online purchases where the Mastercard logo appears (subject to any applicable terms and conditions of Mastercard or the relevant retailer). If you wish to be sent a physical card which can be used in store as well as online instead of a digital (virtual) image, a fee of £5.00 will apply and will be deducted from the £100 value of the pre-paid card.
    7. The £100 Pre-Paid Card needs to be activated within 3 months of the redemption email being sent and will expire if not activated during that time.
    8. Worldpay does not accept any liability if the £100 Pre-Paid card has been despatched but does not arrive.
    9. The £100 Pre-Paid Card is valid for 12 months from the date it is activated.
    10. No cash alternative is available. This offer cannot be combined with any other promotional offer. Worldpay may at its option provide a substitute to the same value as the £100 Pre-Paid Card if for any reason it is not able to arrange for the supply the £100 pre-paid Mastercard.
    11. The £100 Pre-Paid Card is subject to the terms and conditions of Mastercard and the redemption process is subject to the terms and conditions of Giftcloud. Their respective terms and conditions should be read carefully.
    12. Giftcloud is an operating name of Invitation Digital Limited (No. 6570126). Worldpay is not affiliated with Invitation Digital Limited or with Mastercard and each of them is solely responsible for the provision of its respective goods and services.
    13. Worldpay may withdraw, suspend or amend this offer without liability for any reason at any time without notice.

      ©2021 FIS and/or its subsidiaries. All Rights Reserved.
      Worldpay (UK) Limited (Company No. 07316500 / FCA No. 530923), Worldpay Limited (Company No. 03424752 / FCA No. 504504), Worldpay AP Limited (Company No: 05593466 / FCA No: 502597). Registered Office: The Walbrook Building, 25 Walbrook, London EC4N 8AF and authorised by the Financial Conduct Authority under the Payment Service Regulations 2017 for the provision of payment services. Worldpay (UK) Limited is authorised and regulated by the Financial Conduct Authority for consumer credit activities. Worldpay B.V. has its registered office in Amsterdam, the Netherlands (Handelsregister KvK no. 60494344). WPBV holds a licence from and is included in the register kept by De Nederlandsche Bank, which registration can be consulted through www.dnb.nl.

*TOC will be continuously updated as and when terms changes.

How to contact us

If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us or please refer
the privacy policy published on this web site.

Visual Business Retail Limited
Unit 5 Endeavour House, 2 Cambridge Road, Kingston Upon Thames, Surrey, KT1 3JU, United Kingdom.
 
To contact by email info@visualbusinessretail.co.uk
Tel: +44 (0) 800 304 7543
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