BOLD‘s Rental Program Terms and Conditions

Rental Program Terms and Conditions

These Rental Program Terms and Conditions are part of and incorporated into the Equipment Rental Agreement between VersiTech, LLC d/b/a Bold Integrated Payments (“BOLD”) and you (“Customer”). (collectively, the “Agreement”), which governs your access to and use of the Equipment. You should, therefore, read the following terms and conditions carefully. Customer and BOLD may be referred to herein collectively as “Parties” and individually as a “Party.”

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE PROVISION WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT TO ENFORCE THE AGREEMENT, AND THE ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE EQUIPMENT.

1. DEFINITIONS. For purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the meanings ascribed to them as follows:

1.1   Customer. “Customer” means any merchant/customer that is accepted by BOLD and enters into an Equipment Rental Agreement and a Merchant Processing Agreement with BOLD, or one of its vendors.

1.2   [Deliberately Blank]

1.3   Documentation. “Documentation” means all specifications, manuals, handbooks, and other written materials/documentation relating to performance, operation, and/or use of the Equipment, as well as any written proposals, program manuals, and marketing materials provided by BOLD to Referrer or Customer.

1.4   End-User. “End-User” means individuals who are authorized by a Customer to use the Equipment, for whom subscriptions for the Equipment has been ordered, and who have been supplied user identifications and passwords by Referrer (or by BOLD at Referrer’s request). End-Users may include but are not limited to Customer’s employees, consultants, contractors, and agents, and third parties with which Customers transact business, but shall not be individuals or entities who would reasonably be expected to be competitors of BOLD.

1.5   Equipment. The term “Equipment” includes, but is not limited to, POS equipment/hardware comprised of the following components: (i) touch screen terminals, which may include an integrated processing unit and display used for conducting sales transactions and operating POS software; (ii) cash drawers, designed to securely store cash, coins, and other tender, and to interface with a Touch Screen Terminal or thermal printer; (iii) payment devices, capable of accepting credit and debit card transactions, including EMV (chip), magnetic stripe, and contactless (Near Field Communication); (iv) thermal receipt printers, for printing customer receipts using direct thermal printing technology; and (v) impact receipt printers, for printing kitchen orders using ink ribbons. BOLD retains the right to select Equipment from various makes and manufacturers at its sole and unfettered discretion. BOLD shall maintain all ownership interest in any Equipment that it supplies to a Referrer or a Customer. The Equipment will be sold as a pre-set package (each, a “Bundle”), with each Bundle consisting of either i) one (1) touch screen terminal, one (1) cash drawer, one (1) payment device, and one (1) thermal printer, or ii) one (1) touch screen terminal, one (1) payment device, and one (1) thermal printer. Billing cost will be per Bundle. If a Customer requires more than eight (8) Bundles, it shall be subject to BOLD’s prior written approval, which may be granted or withheld in BOLD’s sole and unfettered discretion. Customer agrees that it will not use any Equipment rented pursuant to this Agreement with payment processing other than BOLD’s payment processing. 

1.6   Referrer. The term “Referrer” means an entity or individual that operates as an independent sales agent and that locates businesses and individuals who need Equipment, including POS Equipment, and refers them to BOLD. Referrer shall be responsible for the installation of all Equipment. BOLD will pay the cost of ground shipping initial Equipment to Referrer to install. Referrer shall be responsible for the front-line service and support of all Equipment. In the event Equipment requires trouble shooting, replacement, or service beyond front-line support, Referrer will notify BOLD directly.

1.7   Trademarks. “Trademarks” means the trademarks, service marks, trade names, and logotypes authorized from time to time by BOLD.

2. CUSTOMER’S GENERAL OBLIGATIONS 

2.1   Equipment Cost. The total cost of the Bundle(s) shall be listed as a line item in the Merchant Processing Agreement for each Customer. 

2.2   Compliance with Laws. At all times, Customer shall comply with all laws, rules, ordinances, decrees, and regulations applicable to its activities under this Agreement, including Association Brand Rules. Customer shall indemnify for any costs, expenses, injury, and damage caused to BOLD because of Customer’s failure to do so.

2.3   Use of Equipment. Customer shall use the Documentation and Equipment solely to process credit and debit card transactions through BOLD and with no other card processor, for no other purpose, and only as authorized in this Agreement. Customer shall not: (a) sell or lease the Equipment; (b) allow someone else to use the Equipment; (c) use the Equipment to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use the Equipment to store or transmit Malicious Code; (e) interfere with or disrupt the integrity or performance of the Equipment or third-party data contained therein; or (f) attempt to gain unauthorized access to the Equipment. 

2.4   Other Obligations. Customer agrees: (a) to report to Referrer promptly and in writing all suspected and actual problems with any Equipment(s); (b) to avoid deceptive, misleading, or unethical practices that are or might be detrimental to Referrer, BOLD, or the Equipment; and (c) that if Customer requests expedited shipping, the cost of same shall be billed to Customer.

2.5   Taxes. Customer agrees to be solely responsible and liable for all expenses incurred in performing its obligations under this Agreement including, but not limited to, all taxes, contributions, premiums, and all other payments of Customer or any of its employees. 

2.6   Sales and Use Taxes: BOLD reserves the right to charge any applicable sales, use, or similar taxes to Customers, in accordance with federal, state, and local tax laws. Customers shall be required, if applicable, to pay such taxes to BOLD, and BOLD agrees to be solely responsible and liable for submission of all such taxes to the appropriate jurisdiction(s).

3. BOLD’S GENERAL OBLIGATIONS:

3.1   Upon receipt and of a completed Equipment Rental Agreement (“Rental Agreement”), and BOLD’s acceptance of same as a Customer (in its sole and unfettered discretion), BOLD shall use commercially reasonable efforts to fulfill and ship all Equipment orders within five (5) business days from the date of acceptance.

(a) BOLD reserves the right to select the shipping carrier for all Equipment orders, including, but not limited to, FedEx, UPS, or the United States Postal Service.

(b) BOLD reserves the right to select various makes and models of Equipment from various manufacturers as appropriate in BOLD’s sole and unfettered discretion.

(c)Risk of loss and responsibility for the Equipment shall pass to the Customer when the Equipment is picked up from BOLD’s shipping facility.

3.2   For the initial placement of Equipment under this Agreement, BOLD shall provide Equipment that is either new or in like-new condition and packaged in box. All such Equipment shall be fully functional and meet the standards necessary for commercial use. Customer shall immediately report any condition with, or nonconformity of, any Equipment to Referrer in writing. For purposes of this Agreement, a “condition” is a general problem, such as difficulty booting up, that can result from a defect of one or more parts. A “nonconformity” is any condition of the Equipment that substantially impairs the value or function of such Equipment, or its use for the purpose for which it was intended.

3.3   Upon receipt of Referrer’s written request to replace Equipment due to an identified condition or nonconformity, which is not the result of neglect, abuse, or unauthorized modifications, BOLD shall ship replacement Equipment(s) within five (5) business days of receipt of such request.

3.4   Upon receipt of Referrer’s written request to replace Equipment due to loss, theft, neglect, abuse, destruction, or unauthorized modifications, BOLD will bill Customer for replacement cost (the then retail value), and ship replacement Equipment(s) within five (5) business days of receipt of such payment.

3.5   In the event that replacement Equipment is provided under this Agreement, BOLD may supply refurbished or used equipment, provided such equipment is in good working order and reasonable cosmetic condition. The use of refurbished or used equipment shall be deemed permissible under the terms of this Agreement.

4.   NOTICE 

All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be delivered by mail, overnight delivery, or hand delivery to the respective Parties as follows:

To Customer: notice shall be sent to the address set forth on the signature page of this Agreement or whatever address Customer subsequently provides to BOLD in writing and identifies as “Updated Address for Notice Purposes.”

To BOLD: notice shall be sent to VersiTech, LLC dba BOLD, Attention: Operations Department, 301 Perimeter Center North, Suite 225, Atlanta, GA 30346, or whatever address BOLD subsequently provides to Referrer in writing and identifies as “Updated Address for Notice Purposes.” 

With a Copy to: Stanley Esrey Buckley, LLP, Attention: Greg Michell, 1230 Peachtree Street NE, Promenade, Suite 2400, Atlanta, Georgia 30309.

Notices will be deemed given (1) if mail, when received, and (2) if overnight or hand delivery, when delivered.

5. INDEPENDENT CONTRACTORS 

The relationship of Customer to BOLD is that of an independent contractor. Neither Customer nor its employees, consultants, contractors, or agents are agents, employees, partners, or joint ventures of BOLD, nor do they have any authority to bind BOLD by contract or otherwise to any obligation. Similarly, neither BOLD nor BOLD’s employees, consultants, contractors, or agents are agents, employees, partners, or joint ventures of Customer, nor do they have any authority to bind Customer by contract or otherwise to any obligation. Similarly, the relationship of Referrer to BOLD is that of an independent contractor. Neither Referrer nor Referrer’s employees, consultants, contractors, or agents are agents, employees, partners, or joint ventures of BOLD, nor do they have any authority to bind BOLD by contract or otherwise to any obligation. Similarly, neither BOLD nor BOLD’s employees, consultants, contractors, or agents are agents, employees, partners, or joint ventures of Referrer, nor do they have any authority to bind Referrer by contract or otherwise to any obligation.

6. TERM 

This Agreement commences on the Effective Date and shall remain in effect month to month, unless otherwise earlier terminated in accordance with the terms of this Agreement. 

7. TERMINATION 

BOLD reserves the right to terminate this Agreement for any reason upon ten (10) days written notice. Upon termination, BOLD will either transfer Equipment to Customer or require Customer to return Equipment to BOLD. Except as expressly provided to the contrary in this Agreement, termination or expiration of this Agreement shall not release either Party from the obligation to make payment of all amounts due and payable under this Agreement. Upon termination, BOLD will either transfer Equipment to Customer or require Customer to return Equipment to BOLD.

8. INDEMNIFICATION 

BOLD agrees to hold harmless, defend and indemnify Customer and its officers, directors, employees, agents, successors, and permitted assigns from and against any and all costs, damages, and expenses arising out of any claim brought against Customer by a third party based on the claim that the Equipment, or Customer’s use of the Equipment, infringes or misappropriates any United States patent, copyright, trade secret, or trademark of that third party, provided (i) Customer promptly gives written notice to BOLD of any such claim; (ii) Customer provides any assistance that BOLD may reasonably request for the defense of the claim; and (iii) BOLD has the right to control the defense or settlement of the claim. Notwithstanding the foregoing, BOLD shall not be obligated to indemnify Customer to the extent any infringement or claim would not have arisen but for any modification of the Equipment by Customer or Referrer, use of the Equipment in combination with software or other technology, use of the Equipment contrary to this Agreement or the documentation related to the Equipment, Customer’s or Referrer’s negligent or wrongful act or omission, or for claims arising out of any agreement between Referrer and Customer (1) if such agreement is less restrictive than the terms and conditions of this Agreement, or (2) to the extent that the representations or warranties contained therein exceed those made in this Agreement. THE FOREGOING STATES BOLD’S SOLE AND EXCLUSIVE LIABILITY AND THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Customer agrees to hold harmless, defend, and indemnify BOLD and its officers, directors, employees, agents, successors and permitted assigns from and against any and all damages, costs, and expenses (including amounts paid to enforce this Section and amounts paid in settlement, interest, court costs, costs of investigation, fees and expenses of attorneys, accountants, financial advisors and other experts) arising as a result of or in connection with: (i) any breach by Customer of its obligations under this Agreement; (ii) the negligent or intentional acts or omissions of Customer, its employees or agents, (iii) any violation by Customer of any personal or proprietary rights of a third party; (iv) any violation by Customer of any applicable laws, rules, or regulations; and/or (v) breach or other unauthorized disclosure of Customer Data as a result of the negligent or intentional acts or omissions of Customer, its employees or agents.

9. THIRD PARTY RIGHTS 

This Agreement is solely for the benefit of the Parties hereto and nothing herein, express or implied, shall be deemed to be for the benefit of any third party or create any third-party rights or standing to sue.

10. THIRD PARTY SITES AND SERVICES 

Certain services, features, or components made available via the Equipment are delivered by third-party providers. By using the Equipment and any product, service, or functionality originating from use of the Equipment, Customer hereby acknowledges and consents that BOLD may share such information and data with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality via the Equipment.

BOLD EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE EQUIPMENT, AND BOLD CUSTOMER AGREES THAT BOLD SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN BOLD CUSTOMER AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RELATED TO OR ARISING FROM THE QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, OR USE OF A THIRD-PARTY’S PRODUCTS OR SERVICES.

BOLD CUSTOMER ACKNOWLEDGES THAT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS ANY REPRESENTATION, WARRANTY, GUARANTEE, OR ASSUMPTION OF LIABILITY OR RESPONSIBILITY BY ANY REFERRER FOR ANY DEALINGS BETWEEN BOLD CUSTOMER AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RELATED TO OR ARISING FROM THE QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, OR USE OF A THIRD PARTY’S PRODUCTS OR SERVICES.

11. THIRD PARTY TERMS AND CONDITIONS 

Additional notices, terms, and conditions may apply to products, services, receipt of or access to certain materials, participation in a particular program, and/or specific portions or features of the Equipment, including without limitation the terms of third-party applications incorporating or utilizing the Equipment and/or Customer’s accounts with third-party providers of such applications. You hereby agree that: (a) this Agreement operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this Agreement supplement and do not alter or amend any such third-party terms of use.

12. ARBITRATION 

In the event the Parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Cobb County, Georgia. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement for any reason. Notwithstanding the foregoing, BOLD may bring a claim for injunctive relief against Customer’s violation of this Agreement in any court of competent jurisdiction.

13. CLASS ACTION WAIVER 

BY USING THE EQUIPMENT AND AGREEING TO THESE TERMS, CUSTOMER HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVES ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF THE EQUIPMENT. BOLD CUSTOMER MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS AGREEMENT AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION. 

14. GOVERNING LAW AND DISPUTE RESOLUTION 

The Parties agree: (a) that this Agreement, and any claims, demands, disputes, and controversies between or among the Parties or any persons bound hereby arising out of or relating to this Agreement, the documents executed in connection herewith, or the transactions contemplated hereby or thereby (individually and collectively, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles; (b) to submit themselves and any Dispute to the exclusive jurisdiction of the state or superior courts of Fulton County, Georgia or the United States District Court for the Northern District of Georgia (the “Courts”); and (c) to not commence any action arising out of or related to this Agreement in any other court, venue or jurisdiction. Each Party agrees to submit to the personal jurisdiction of the Courts, and will not object to any action brought therein on the grounds of lack of jurisdiction, venue, or forum non conveniens. In any action arising from the alleged breach of this Agreement, or to enforce this Agreement, the final prevailing Party will recover its reasonable attorneys’ fees, costs, and expenses. 

15. FORCE MAJEURE 

Neither Party shall be responsible for failure to comply with any provision of this Agreement if such nonperformance is due to delays or difficulties caused by fire, flood, explosion, war, terrorist acts, strike, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing Party or its subcontractors (“Force Majeure”); provided, however, that the non-performing Party gives the other Party prompt written notice of such Force Majeure event and makes reasonable efforts to perform during the Force Majeure event. 

16. WAIVER 

Any waiver or delay by any Party hereto in asserting or exercising any right shall not constitute a waiver of any further or other rights of said Party. 

17. SEVERABILITY 

Should any Section, or portion thereof, of this Agreement by held invalid by reason of any law, statute, or regulation existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any government body, such Section or portion thereof shall be validly reformed so as to approximate the intent of the Parties as nearly as possible and, if un-reformable, shall be deemed divisible and deleted with respect to such jurisdiction; this Agreement shall not otherwise be affected. 

18. ASSIGNMENT 

This Agreement and the rights and obligations hereunder shall not be assigned by Customer without the prior written consent of BOLD, which consent shall not unreasonably be withheld. BOLD may, at any time, assign this Agreement or any of its rights hereunder, to an affiliate or successor-in-interest. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the Parties hereto and their successors and assigns. 

19. SURVIVAL 

All Sections which by their terms or nature are intended to survive will survive the termination or expiration of this Agreement.

20. WARRANTIES AND LIMITATION OF LIABILITY

21.1   Warranties: BOLD warrants that the Equipment will be provided and perform in material conformity with this Agreement and the Documentation for the duration of the applicable term of this Agreement. Customer’s sole and exclusive remedy for any breach of this express warranty shall be BOLD’s commercially reasonable efforts to promptly repair the non-conforming Equipment (without charge to Customer) within a commercially reasonable time period after receipt of Customer’s written notification to BOLD of the nature of the condition or nonconformity. This warranty covers normal wear and tear. This warranty expressly does not cover damage resulting from misuse, neglect, accident, or unauthorized modifications, or willful damage to the Equipment. In such cases, the Customer shall be responsible for the full replacement cost at the then-current retail value of the affected Equipment.

21.2   THE EQUIPMENT IS SOLD ON AN “AS IS” BASIS. OUTSIDE OF THE EXPRESS WARRANTIES IN THIS AGREEMENT BOLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

BOLD, AND ITS CONTRACTORS AND SUPPLIERS OF ANY TIER, SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE FOR DAMAGE OR LOSS OF OTHER PROPERTY OR HARDWARE, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF HARDWARE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT OF TEMPORARY HARDWARE. IN NO EVENT SHALL BOLD BE LIABLE FOR LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INABILITY TO USE ANY COMPUTER PROGRAM, OR FOR ANY COMMERCIAL, ECONOMIC, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BOLD HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR WHETHER CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN CONTRACT OR TORT OR OTHERWISE. IN NO EVENT SHALL BOLD’S TOTAL CUMULATIVE LIABILITY TO BOLD CUSTOMER OR ANY OTHER ENTITY FOR ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, EVER EXCEED THE AGGREGATE FEES PAID TO BOLD PURSUANT TO THE AGREEMENT THAT FORMS THE SUBJECT MATTER OF, OR IS IN ANY WAY RELATED TO, THE CAUSE OF ACTION AGAINST BOLD. FURTHER, BOLD’S AGGREGATE LIABILITY HEREUNDER IN ANY ONE YEAR SHALL NOT EXCEED THE AMOUNT PAID TO BOLD UNDER THIS AGREEMENT IN SUCH YEAR.

21. COUNTERPARTS/SIGNATURES 

This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and such counterparts shall, together, constitute one and the same instrument. The signatures to this Agreement may be evidenced by facsimile copies or PDF copies reflecting the Party’s signature, and any such facsimile copy or PDF copy shall be sufficient to evidence the signature of such Party as if it were an original signature.

22. CHANGES TO TERMS AND CONDITIONS 

BOLD reserves the right to change the terms and conditions of this Agreement by posting a revised set of terms to this location, and/or providing such alternate notification to Customer as may be expressly required by applicable law. BOLD may add, modify, or delete any aspect, component, or feature of the Equipment, but BOLD is not under any obligation to add any upgrade, enhancement, or modification. Customer’s continued use of the Equipment following any announced change will be deemed as conclusive acceptance of any change to this Agreement. Accordingly, please review this Agreement on a periodic basis.

23. ENTIRE AGREEMENT 

All Schedules and Exhibits attached to the Agreement are incorporated herein by reference and made a part of this Agreement for all purposes. This Agreement and the documents expressly incorporated herein represent the entire Agreement and understanding among the Parties with respect to the matters contained herein, and supersede and preempt any prior understandings, agreements, or representations by or between the Parties, written or oral, which may have been related to the subject matter hereof in any way.  Except as otherwise provided in this Agreement, it may be amended only by a written instrument signed by the Parties. 

24. CONTACT BOLD 

If you have any questions or comments regarding this Agreement, please contact BOLD at: support@boldpayments.io.