Terms & Conditions

Quincy James Freeman, Quincy James Freeman d/b/a Data Cross, datacross.us, and Data Cross’ Website Visitor and Usage Agreement www.datacross.us

 

RETURNS POLICY

  • You may return new, unopened items or defective (DOA) items within 30 days of purchase.
  • Damaged items, used items, opened items, or items purchased more than 30 days ago, are not eligible for a refund.
  • All Intuit QuickBooks Financial software, Intuit QuickBooks Point of Sale Desktop software, and Intuit QuickBooks Point of Sale hardware products may be returned within 60 days from the date of invoice.
  • QuickBooks POS powered by Revel products have a 30 Day return policy with a $129 restocking fee for hardware.
  • We do not accept returns of non-Intuit software, printer supplies, media (labels, ribbons, receipt paper, etc.), professional services including pre-paid time, product training, computer systems, software (non Intuit products), Avery scales, shipping & insurance charges.
  • Unless specifically stated within an item description, we are not responsible for compatibility issues. It is your responsibility to contact your software vendor before purchasing hardware to determine if the hardware item is compatible with your software. Once a hardware item has been opened and used, regardless of compatibility issues, the item is no longer returnable.
  • If a shipment is damaged in transit, please do not throw away the packaging. Contact us upon receipt to file a claim.
  • Shipping and Insurance costs are not refundable.
  • To obtain a Return Merchandise Authorization (RMA) number, please call (323) 518-6194 or email customer service. RMA numbers are valid for 15 days only.

SHIPPING. We ship within the continental U.S, Alaska, Hawaii, Virgin Islands, & Puerto Rico. We do not ship outside the U.S. or its territories. Shipping address must be a residential or business address. We will not ship to a P.O. Box. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose.

PRODUCT AVAILABILITY. All products shown on our websites are subject to availability. While we plan for sufficient quantities, extraordinary demand may limit our ability to immediately fill your order. In the event that a product you have ordered is temporarily out of stock, we will promptly inform you of the earliest date that you may expect to receive your complete order. Back ordered items can be exchanged for an in stock item or canceled for a full refund. We cannot be held liable for any typographical or pictorial errors that may occur on this website.

QUICKBOOKS POS ONLINE POWERED BY REVEL. QuickBooks Point of Sale, powered by Revel systems runs on Wi-Fi internet. If Wi-Fi goes down, you can still use a Local area connection to keep running. If all else fails, you can still continue to take credit card payments in Always On mode. Credit Cards accepted in Always On Mode will not be fully authorized until Internet connectivity is reestablished. Intuit is not liable for any failed or declined transactions made while in Always On Mode. Businesses can control and set risk thresholds for taking payments offline by: 1) Setting single offline payment maximum, and 2) Setting maximum total of all unprocessed offline payments. In addition to accessing the POS System in store, customers can access an online dashboard from anywhere using any device that supports a web browser (i.e. laptop). Access subject to Internet Provider availability. Auto payment reconciliation works with QuickBooks Online Simple Start, Essentials, and Plus. Customer must be using QuickBooks POS powered by Revel Systems, QuickBooks Online, and a POS Merchant Service account. Once product is received, customers can start entering in inventory items. Integrates with your version of QuickBooks Online. QuickBooks Point of Sale, powered by Revel systems cloud software is EMV Ready. PIN Pad (Ingenico IPP 350) is EMV Chip Card Ready.

QUICKBOOKS ENTERPRISE. If you choose to purchase QuickBooks Enterprise using the Monthly Payment Plan, you elect to pay your annual subscription in equal payments over the course of 12 months. Purchasing an annual subscription for QuickBooks Enterprise commits you to a 12-month term. You must pay for all 12 months of the subscription in full based on the then current rate of QuickBooks Enterprise. If you choose to cancel inside the first 60 days, you can opt to receive a refund per the 60-day money back guarantee. However, if you choose to cancel after the first 60 days and prior to the end of month 12 you will be subject to a termination fee equal to the amount of monthly payments left on your annual subscription. After year one, your credit card account on file will be automatically charged the then-current price of the QuickBooks Enterprise subscription every year, unless and until you cancel. You can cancel at any time by calling 1-323-518-6194 prior to your renewal date. Your service begins on the date of purchase and continues through to the expiration date of your QBES subscription. If you cancel your subscription, you will own your company file, but you will no longer have access to QuickBooks Enterprise and all services that are included with your subscription.

USE RESTRICTIONS. Data Cross maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of Data Cross. Data Cross makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations.

RIGHT TO CHANGE OR MODIFY. Data Cross reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.

LIMITATION OF LIABILITY DISCLAIMER. In all circumstances Data Cross’s maximum liability is limited to the purchase price of the products sold. Data Cross shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the products it sells which exceeds this liability limit. Data Cross shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Data Cross is apprised of the possibility of such claims or damages.

DISCLAIMER OF WARRANTIES. The Subscription Services provided by Data Cross is on an “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Data Cross makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services or its website in terms of its correctness, accuracy, reliability, or otherwise. Data Cross shall have no liability for the use of the Services or its website. Data Cross DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable. Further, Data Cross is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services and training videos is provided for informational purposes only. Member bears the entire risk of using the Services, including any content on the Data Cross website. All materials and content contained within the Services and the Data Cross website are subject to change, without notice.

GOVERNING LAW AND JURISDICTION. Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Data Cross and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Data Cross and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Data Cross that is more than one year after the date of the applicable invoice.

INDEMNIFICATION. Member agrees to indemnify and hold Data Cross, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.

THIRD-PARTY SITES. Our website may include links to other sites on the Internet that are owned and operated by other third parties. Member acknowledges that Data Cross is not responsible for the availability of, or the content located on or through, any third-party site and Member hereby releases Data Cross of any liability regarding such third party sites and their services. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and Data Cross is not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION.  Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Data Cross makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Data Cross website.

Data Cross makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and Member acknowledges that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

SECURITY. All group Subscription Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party.

Further, if Subscription Member is accessing the Services via the Data Cross website, Member acknowledges that like any web application, the Data Cross website may be susceptible to security breaches. It is the Member’s responsibility to ensure that the computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. Data Cross is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.

WAIVER. The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

SEVERABILITY. If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

ENTIRE AGREEMENT. These terms and conditions, together with the Data Cross invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Data Cross and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Data Cross and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

COPYRIGHT AND TRADEMARK INFORMATION. All content included or available on the Data Cross website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is © 2006-2016 Data Cross with all rights reserved, or is the property of Data Cross and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Data Cross, is strictly prohibited. Member agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Data Cross.

The logo and trademarks of Data Cross are owned exclusively by Data Cross. All other trademarks displayed on Data Cross website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Data Cross. No license is granted herein for use of any service mark, trademark and/or trade dress of Data Cross and/or owner.

RIGHT OF REFUSAL. We reserve the right to limit quantities and to reject orders at our discretion.

TAXES.  State Laws requires Data Cross to charge state sales tax to orders shipping to addresses in California. If you have any questions regarding our Terms & Conditions, please e-mail us at support@datacross.us. Products / services billed directly by Intuit are subject to Intuit’s specific tax terms.

 

Last Updated: 19 June 2016