Software Terms & Conditions
Contents
- Who we are
- Overview
- Key terms you should know
- Understanding the agreement
- When this agreement applies
- Selecting products and services
- Fees and payments
- Client responsibilities
- Our responsibilities to you
- Software licensing & Intellectual Property
- Subscription hardware
- Hardware rental
- Annual software licence fee
- Support plans
- Plan renewals & cancellation
- Hardware warranty
- Returns and refunds
- Complaints procedures
- Intellectual Property
- Liability
- Confidentiality
- Data protection
- Indemnity
- Ending the agreement
- Force Majeure
- Audit rights
- General terms
- Software Downloads Policy
Software Terms & Conditions
1. Who we are
We are Western, the creators and suppliers of Able2Label labelling software and Quest and BoloPOS electronic point of sale software, and providers of accompanying hardware solutions. The terms Western, Western EPoS, Able2Label, A2L, we, our, or us refers to Western EPoS Systems, registered in Ireland as company number 89552, with our registered office at Munster House, Gort Road Business Park, Ennis, Co. Clare, Ireland.
2. Overview
- These Terms and Conditions explain how we do business together when you purchase any of our products or services. Please read this page carefully, as it outlines our working relationship and what you can expect from us.
- This agreement is specifically designed for business-to-business transactions.
- If there are one or more points below with which you are not happy, you are welcome to discuss them with our representatives via our support services. However, they continue to be applicable unless specifically modified in written and signed communication from us.
- We undertake to preserve the confidentiality of all information you provide to us, and expect that you reciprocate.
- Our policies comply with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
3. Key terms you should know
To keep things simple, here are a few key definitions we’ll use throughout this agreement:
- Data Protection Laws: Refers to the GDPR and Ireland’s Data Protection Act 2018.
- Hardware: This includes all the physical equipment we provide, such as tills, screens, cash drawers, printers, other associated equipment and required cabling.
- Device: Any individual piece of hardware you get from us.
- Software: The electronic point of sale software and/or labelling software we supply to run on your hardware.
- Operating System (OS): The system software we supply to run our software on your hardware, such as Microsoft Windows® or Android®.
- System: The complete Western EPoS Systems package—hardware, software, manuals, and technical setup.
- Product: Any combination of hardware and/or software you purchase.
- Professional Services: Special projects or services we agree to deliver, outlined in a dedicated work plan.
- Intellectual Property (IP) Rights: Legal protections provided for things like software, our branding, and our designs.
- Services: Everything we do for you—installation, support, maintenance, etc.—as outlined in our written agreements.
4. Understanding the agreement
To keep things simple, here are a few key definitions we’ll use throughout this agreement:
- Terms used in the singular also apply to the plural, and vice versa.
- When laws are mentioned, this includes any future updates or replacements.
- Words like “including” or “such as” indicate possible examples—they don’t limit what else might apply.
- If there’s ever a conflict between this document and a more detailed Statement of Work, the Statement of Work will take priority.
- References to “writing” include electronic messaging, emails and/or fax message unless otherwise indicated.
5. When this agreement applies
This agreement comes into effect any time you accept a quote or place an order with us. It will also apply to any products or services we provide, and it becomes part of the agreement between us.
What this means:
- If you accept a quote or place an order, you're offering to buy from us based on these terms. We may accept or decline your order at our discretion.
- These terms take priority over any others, like those printed on your own purchase order or terms from previous dealings, unless we've agreed in writing.
- We may include additional terms in a separate document, such as a Software Licence Agreement or Statement of Work. If there's ever a conflict between those documents and this one, the Statement of Work or specific agreement will apply.
6. Selecting products and services
Western aims to provide clear information about all our products and services to help you make an informed decision. We may also provide a free on-premises demonstration of our software if requested.
What you need to know:
- It is your responsibility to make sure that the products or services you choose are the right fit for your business.
- We’re happy to give you a written quote upon request. This quote is just a guide and doesn’t create a binding agreement.
- Any informal advice or suggestions we give should not be relied upon unless we confirm them in writing.
- We reserve the right to correct any mistakes (like typos or pricing errors) in our materials without taking on any liability. E&OE.
Delivery and ownership
- Once hardware products arrive at your specified address, they become your responsibility. If we provide the installation service they become your responsibility when you sign our delivery document.
- If you return any hardware items in accordance with our terms, the responsibility shifts back to us when we physically receive the items.
- You own the hardware products once full payment is received, unless they are rented or provided under a subscription agreement, in which case ownership remains with Western EPoS Systems.
7. Fees and payments
We believe in being transparent about pricing. This section explains how we charge for our products and services, how we handle invoices, and what happens if payments are missed.
Pricing
- All pricing is provided in good faith and, unless stated otherwise, quotes are valid for 30 days.
- Pricing for software and support plans may vary depending on how many devices or business locations are involved.
- Some offers or discounts may have shorter timeframes—we’ll always let you know when that’s the case.
Invoices and payments
- All invoices must be paid immediately upon receipt, unless agreed otherwise.
- Products and services remain property of Western until full payment has been received.
- All prices are quoted excluding VAT. Applicable taxes will be clearly indicated on your invoice.
Late or delayed payments
Should you fail to make an agreed payment we reserve the following rights:
- We may restrict or suspend your access to the software and services until the account is returned to order.
- If hardware hasn’t been fully paid for as per our agreement, we reserve the right to retrieve it.
Training charges
- Setup, training, and on-site services may carry additional fees. These will be explained and agreed beforehand.
8. Client responsibilities
To get the most out of our services there are a few things you’ll need to take care of on your side. Here’s what we ask of you with respect to hardware systems:
Equipment care
- Please keep all hardware devices clean, in good working order, and free of liquid spillages or excessive dust. Follow our guidance on environmental conditions, including heat and sunlight exposure.
Using the equipment properly
- It may sound obvious, but please only allow trained staff to use the equipment.
- Don’t let anyone who hasn’t been authorised by us make changes, carry out repairs, or tamper with the system hardware or software. Doing so will at minimum affect any warranties, and at worst could affect the accuracy of the system data.
Keeping records
- We recommend that you keep a record of how you use and maintain the equipment. If something goes wrong, this information may help us help you faster.
- Let us know right away if anything stops working properly or if any intermittent problems are noticed.
- When we’re troubleshooting or providing support, either online or on-site, you should ensure that relevant staff are available to assist our technicians.
Data backups and security
- You are responsible for ensuring your data is backed up regularly and stored securely. Missing or incomplete backups puts your system data at risk.
- Put appropriate security measures and firewalls in place to protect against viruses, malware, or unauthorised access. We are happy to advise on how best to accomplish this, but again it remains your own responsibility.
- Keep your login details secure, private, and updated on a regular basis.
- Do not use browser 'remember me' functions on devices accessible by the public or unauthorised members of staff.
If someone accesses your system or damages it due to a lack of protection, or if you fail to maintain backups, we will accept no liability for the consequences.
9. Our responsibilies to you
We’re committed to delivering great service and support. This section outlines what you can expect from us.
Providing products and services
- We will supply the products and services you’ve ordered, as described in your quotation or our Statement of Work.
- We’ll use reasonable care, skill, and professionalism in delivering our services.
Software availability
- We aim for 99.9% uptime for our cloud-based services. However, there may occasionally be scheduled maintenance or downtime needed for service updates. We shall always try to provide you with advance notice where possible.
- We are not responsible for any issues caused by your internet connection or by any third-party software you install on your system.
Customer support
We provide help and support to all our clients. Differing levels of support are available depending on the Support Plan you’ve choose. Full details of our support plans will be provided on request, or with your quote.
Fixing problems
- If a product or service does not work as expected, please contact us without delay with details of the issue and the device(s) affected. We’ll investigate and aim to resolve issues as quickly as possible.
- If the problem is caused by something outside of our control or not covered under warranty or support, there may be a charge to fix it—but we’ll confirm that with you first.
Limitation of liability
Western accepts no liability for loss of profit, loss of data, or business interruption howsoever caused, except where required by Irish law, in which case our total liability under this agreement will not exceed the total amount you paid us in the preceding three (3) months before the issue occurred.
10. Software licensing and Intellectual Property
When you use our software and systems, there are some important rights and responsibilities you should be aware of.
Using our software
- We grant you a licence to use our software on the terms set out in your agreement.
- This licence is non-exclusive, non-transferable, and limited to your business use only.
- You may not copy, modify, or reverse-engineer our software, nor allow others to do so.
Ownership
- We (or our licensors) retain full ownership of all intellectual property rights in the software, systems, and any related materials.
- This agreement does not give you ownership of any part of our software or branding—only the right to use it as agreed.
Third-party software
- If you use any third-party software in combination with ours, you are responsible for ensuring you comply with their licensing terms.
Feedback and suggestions
- If you give us feedback or suggestions about our products, we may use that input without owing you any compensation.
11. Subscription hardware
We offer a flexible subscription model where you can access our solutions without paying upfront. Instead, you’ll pay a monthly fee over an agreed term.
What’s included
In this instance you would receive the necessary hardware and software (such as tills, printers, and other point-of-sale equipment) on a subscription basis.
The subscription has a minimum contract term that will be confirmed with you in writing.
If you wish to cancel early
If you cancel before the end of the agreed subscription period, you’ll need to:
- Return all hardware to us in good condition, and
- Pay any outstanding fees for the remaining months of your contract.
At the end of your term
Before your subscription ends we’ll ask you what you’d like to do next. You’ll have three options:
- Upgrade your hardware and continue with a new subscription at the same rate (unless we inform you of any pricing changes). This will start a new fixed-term agreement.
- Keep your current hardware and continue on a rolling monthly plan, which you can cancel with 30 days’ notice.
- Cancel your subscription, return the hardware, and end the agreement.
If we don’t hear from you before your subscription ends, option 2 will apply automatically.
Important: the hardware remains the property of Western EPoS Systems at all times. You are only renting it.
You must return all hardware within 14 working days of the contract ending.
12. Hardware rental
We also offer hardware rental as a short-term alternative to our subscription model.
How it works
- You can rent hardware from us for a set period—we’ll confirm the rental duration and fees in writing.
- When your order is accepted, you’ll pay a deposit per point-of-sale terminal plus the first month’s rental upfront.
- If you’re renting for more than a month, you’ll continue paying monthly for the duration of your rental.
Ownership and responsibility
- The hardware always remains the property of Western EPoS Systems—you’re just borrowing it for the agreed time.
- You must take care of the equipment and return it in the same condition you received it (normal wear and tear is fine).
- If the hardware is damaged, we may need to deduct repair or replacement costs from your deposit.
Returning the hardware
You must return the hardware within 10 working days of the rental period ending. We may offer to collect it, but you're responsible for:
- Documenting its condition before we collect it.
- Ensuring it is packaged properly for return.
Late returns or damage
If we don't receive the hardware within 10 working days, we charge a daily fee that is detailed in your contract.
After return, we’ll inspect the hardware:
- If everything checks out, you’ll get your deposit back within 14 working days.
- If there’s damage beyond the deposit amount, we'll invoice you for the difference.
- If the hardware is not returned after 28 days, you'll lose your full deposit and be invoiced for the remaining value of the hardware and any outstanding fees.
What's not included
Rental does not cover support, software, or consumables (like scanners or paper rolls). These can be added separately if needed.
13. Annual software licence fee
If you’re not on a support plan, you’ll need to pay an annual fee to use our software.
What this covers
- Use of the software for at least 12 months.
- Ongoing maintenance and hosting of our systems.
- Regular software updates to enhance performance and features.
Key Points
- Your first year is included when you initially purchase the software.
- After that, the licence renews every year, and payment is due on the anniversary of your account activation.
- The fee applies per point-of-sale terminal.
- This licence is non-refundable—even if the agreement ends early.
Auto-Renewal
- Your licence renews automatically every 12 months unless you cancel at least 30 days before the next renewal.
- When it renews, you’ll be billed at the current rate.
- You’ll also be required to upgrade to the latest version of our software when your licence renews.
14. Support plans
We offer two support plans to help you get the most out of your system: Standard and Premium.
Standard support includes:
- Annual software licence
- Support during working hours
- Remote technical support from our Irish support team
- Software updates and encrypted transaction data backups
- Remote training for your team
Premium support includes:
Everything in the Standard Plan, plus:
- 24/7 phone support
- Priority email support
Signing up or upgrading
- You can sign up for or upgrade your plan at any time via your account or by contacting us directly.
- If you switch to Premium while still partway through a Standard Plan, we’ll apply a pro-rata discount for the remaining time.
- Premium Plans start a new 12-month contract from the upgrade date.
Payment options
- Support Plans are billed annually in advance or monthly by direct debit or card.
- Monthly payments are collected on the same day each month.
Missed payments
If a payment fails, we’ll try again. Continued failures may lead to restricted access to your software and services.
Early cancellation
If you cancel before your 12-month plan ends, we’ll charge you for the remaining months of the agreement.
Price changes
We may update our pricing from time to time, but we’ll give you at least 30 days’ notice.
If you don’t accept the new pricing, you can cancel your plan and we’ll refund any unused fees.
Using third-party hardware
We’ll do our best to support third-party devices, but any hardware issues are your responsibility.
15. Plan renewals and cancellations
We want to keep your support running smoothly, but you’re always in control.
Renewals
Your Support Plan will automatically renew each year unless you let us know you want to cancel before the renewal date.
Cooling-off period
You’ll have a 30-day cooling-off period after your plan renews. If you cancel within that time, you won’t be charged any cancellation fees.
After you cancel
If you still want to use our software after cancelling your Support Plan, you’ll need to:
- Pay the annual Software Licence Fee, or
- Sign up for a new Support Plan.
Discontinuation
If we ever discontinue a Support Plan, we may also cancel your contract.
16. Hardware warranty
We stand behind our products. Here’s what’s covered under our hardware warranties:
Warranty periods
- New hardware: Covered for 12 months from delivery.
- Refurbished hardware: Covered for 90 days, unless marked “like new,” which comes with a 12-month warranty.
- You may also purchase an Extended Warranty for up to three years—this must be done while your current warranty is still valid.
What’s not covered
The warranty does not apply to:
- Hardware not supplied or branded by Western EPoS Systems
- Equipment damaged by misuse, accidents, power surges, or poor maintenance
- Cosmetic wear and tear
- Damage caused by viruses, liquid spills, or third-party accessories
- Any unauthorised repairs or modifications
Other information
- Report any issues in writing within the warranty period.
- If the fault is covered under warranty, we’ll repair or replace it—using refurbished parts where appropriate.
- Repaired or replaced items inherit the remaining warranty from the original device (or get 30 days coverage if less than that remains).
17. Returns and refunds
We aim to provide great products and service, but if something goes wrong, here’s how we handle returns and refunds.
General policy
- Refunds or returns are only processed after our complaints procedure has been followed.
- Software licence fees are non-refundable.
- Some customised or installed items are excluded from returns due to the cost of setup and configuration.
Returns must be returned with all accessories included.
Returns will be checked and confirmed by our engineers before a refund can be issued.
Returns are not accepted if:
- The issue is due to a lack of training or user error.
- You changed your mind, closed your business, or no longer need the product.
- The item is damaged, used, or not in a resaleable condition.
- You missed required payments like the annual software licence.
Our process
We’ll try to resolve your issue remotely first.
- If needed, we’ll visit your premises (fees may apply).
- Refunds (if approved) will be processed within 28 days.
18. Complaints procedures
SECTION 20: We’re committed to resolving any issues quickly and fairly.
Step-by-step:
- Firstly, contact our Support Team for assistance.
- If not resolved, send a written complaint via email or post, including full details and your contact information.
- A manager will reply within two working days to confirm receipt and begin an investigation.
- We’ll work with you to find a solution and send a written summary of the outcome.
- If you’re still not satisfied, you may escalate the issue further—but you must follow the above steps first.
We treat our staff with respect and expect the same in return. Abusive behaviour may result in us ceasing correspondence.
19. Intellectual Property
- We retain all rights to the software, hardware designs, and systems we provide.
- You own your business and sales data.
- You give us permission to use anonymised data to improve our services.
- You agree not to copy, alter, or remove our branding.
- Some of our tech may include licensed third-party software—you must follow their terms too.
20. Liability
We’ll always aim to deliver a reliable service, but here are the limits of our legal responsibility:
-
- We’re not responsible for things outside our control, such as lost profits, business interruption, or third-party failures.
- Our total liability is limited to the total amount you paid us in the three (3) months before the issue arose.
- We do not limit liability where it’s illegal to do so (e.g. personal injury caused by negligence or fraud)
.
21. Confidentiality
We both agree to keep any confidential business or technical information private.
This means:
- Only sharing information with authorised personnel.
- Taking the same care as we would with our own confidential info.
Exceptions apply if we’re required to share by law, or if the info becomes public through no fault of our own.
22. Data protection
We comply fully with Irish data protection laws, including GDPR.
- You are the Data Controller of your customer data.
- We act as the Data Processor, handling data only as instructed by you.
- We’ll notify you immediately of any data breach and assist you with subject access requests or audits.
- We may process data outside of the EU, but only using approved safeguards.
Always keep a backup of your business data—while we help protect your info, ultimate responsibility lies with you.
23. Indemnity
You agree to cover us for any losses we suffer due to:
- Your data or content violating third-party rights or laws
- Improper use of our system
- Breaches of this agreement by your business or authorised users
24. Ending the agreement
Either party can end the agreement if:
- The other breaches its terms and doesn’t fix it within 14 days.
- One party becomes insolvent, ceases trading, or faces serious financial difficulty.
If your agreement ends:
- All outstanding payments become due immediately.
- Your access to the system will be suspended.
Your data will be available for 30 days after cancellation—please download it before then.
25. Force Majeure
Neither of us will be liable if something outside our control (like natural disasters, strikes, or supply chain disruptions) prevents us from fulfilling our responsibilities.
If such an event lasts more than 30 days, either party can end the agreement by giving written notice.
26. Audit rights
We may audit your use of our software to make sure it’s being used within your licence terms.
Audits will be arranged with reasonable notice.
We’ll cover the audit costs unless we find a material breach—then the cost will be yours.
27. General terms
This agreement is the full understanding between you and Western EPoS Systems.
- We may update these terms from time to time—continued use of our services means you accept the changes.
- You cannot transfer this agreement to anyone else without our written permission.
- Irish law governs this agreement, and any disputes will be handled in Irish courts.
- If any part of this agreement is invalid or unenforceable, the rest remains in full effect.
28. Software downloads policy
-
What personal information we collect
When you confirm your desire to use the 10 days trial of our Able2Label software ('the software') we ask for your name, email address, contact telephone number (optional), and your business name (optional) on the Download page form.
-
How we use this information
When entering your email address for the first time, we reply with an email containing a verification link. Only when you click on this link will you be provided with the link to download the software. This opt-in prevents other people from using your personal details to obtain the software without your permission.
Your contact details may be used to contact you via email or telephone for the sole purpose of ascertaining your needs and offering technical assistance. You will not be added to a mailing list without your permission, nor shall you receive any further contact unless you indicate your agreement.
-
Using the software
You may download the software as a time-limited trial for installation on your own computer (as per the compatibility chart on the Download page.) Please note that, as with any software application, we can not and shall not be able to confirm 100% compatibility with any one specific computer.
At any time during the trial period you may use the software to upgrade to the full version. You may also remove the software completely at any time, using its in-built uninstaller.
-
Disclaimer
By agreeing to download the software, the user agrees to release and hold Western, any subsidiary and holding companies, any agents and contractors, their employees, officers, directors and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind including, without limitation, personal injury, death, property damage, either directly or indirectly related to or arising from the software or from acceptance, possession, misuse or use of any aspect of the software.
These Software Download terms and conditions are governed by the laws of Ireland and by downloading the software you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.