Terms and Conditions for use of Silver Sky Soft Services.
July 12, 2017
The terms and conditions listed below govern use of the online services (the “Online Services”) and materials available therein (“Materials”) provided by Silver Sky Soft Services, Inc.,
The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, person etc.) or government agency using these services.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Silver Sky Soft Services or any affiliated company. Here are some examples of the types of personal information we may collect and how we may use it.
What personal information we collect
When you contact us via our contact forms or buy products and services, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information
How we use your personal information
The personal information we collect allows us to keep you posted on Silver Sky Soft’s latest product announcements, updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by contacting us via email below. We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising. From time to time, we may use your personal information to send important notices, such as communications about accounts and changes to our terms, conditions, and policies. Because this information is important to your interaction with Silver Sky Soft, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Cookies and “Do Not Track”
As with many most websites, we utilize cookie technology to help provide a better user experience. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, our website will not function in a well defined manner if you choose not to accept the cookies here. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Our website does not track users and/or their actions over time and across third party websites. Therefore, if your browser sends us a “Do Not Track” signal, we do not respond. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Third parties that have content embedded on Silver Sky Soft’s websites may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited Silver Sky Soft and an IP address. Third parties cannot collect any other personally identifiable information from Silver Sky Soft’s websites unless you provide it to them directly.
Sharing of Information
Personal information will only be shared by Silver Sky Soft to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
Silver Sky Soft shares personal information with companies who provide services such as merchant application processing and approval, fulfilling customer orders, information processing, product delivery, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information at the same level as we do.
Terms and Conditions, Order and Return policy for Online Orders
When a product (“Product”) is offered for sale as part of the Services, we may accept your offer to purchase Products subject to these Terms. At that time, we will capture payment on the payment instrument you provided and ship your Product. We may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Products requested.
Silver Sky Soft Services, Inc. reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. For any order portion we cancel, you will receive a refund of the price and taxes you paid for that order portion less the value of any promotional merchandise or discount you received.
In addition, Products may be made available for reservation and pre-order via the Services. If you place a reservation and pre-order for a Product that is not yet available for sale, we will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase Products at any time prior to shipment and receive a refund of your payment.
Availability, Pricing, Taxes
All Products offered via the Services are subject to availability. Prices for the Products are subject to change without notice at any time. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You hereby authorize Silver Sky Soft Services, Inc. to bill your payment instrument in accordance with the Product you are purchasing. You shall be responsible for all taxes associated with Products if we have not collected such taxes on your behalf.
All pricing is subject to change without notice. If you have already paid for an unshipped product, that price may change with your consent. If you do not consent to such change, your order may be cancelled and your payment will be returned to you without interest.
Silver Sky Soft’s normal and preferred method of payment is Automated Clearing House (ACH) transfers in the US. Wires and checks used for high value invoice payments, on a case by case basis. If you have a reseller agreement, all pricing quoted are for ACH payments. Additional handling charge of 3% to 4% of the total invoice due including shipping and tax is applied to non-ACH payments.
Monthly Fees for Poynt Smart Terminals
Poynt Smart Terminal products require a recurring monthly fee. This fee is billed with a valid payment instrument. You agree that we may charge you via invoice and hold you liable if your payment instrument expires. You agree the service will continue as long as you officially communicate with us to terminate the service regardless of your payment status. we may terminate your service if payment of outstanding dues is not current.
Effect of service termination: You may not be able to operate your Poynt Smart Terminal. You agree to make arrangements to download your data before you terminate the agreement.
Resale and Title Transfer
Unless you are an Independent Sales Organization or Sales Agent who have registered with us, Purchases of Products via the Services are intended for end users only, and are not authorized for resale. Title for Products purchased from the Services passes to the purchaser at the time of delivery by Silver Sky Soft to the freight carrier.
Shipping and Delivery
Prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
The Products available through the Site are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
Once the product is shipped returns are only accepted for dead on arrival units or defective units which are covered by the manufacturer. A Return Merchandise Authorization (RMA) number is required for us to accept returns. You may obtain a RMA by contacting us for customer service.
Electronic Signatures Act 2000 disclosures
As part of your relationship with us, you are entitled by law to receive certain information “in writing.” The federal
E-SIGN Act and certain state laws allow us to provide this information to you electronically, instead, with your prior
consent. We also need your general consent to use electronic records and signatures in our relationship with you. So,
before you obtain products or services electronically from you must review and consent to the terms outlined below.
In this consent, “we,” “us,” “our” and “Vendor” are used to refer to Silver Sky Soft Services, Inc and their current and future affiliates who are or may be involved in or affiliated with the provision of Services to you.
“You” and “your” refer to the individual who is an officer, owner, principal, or other authorized representative of the
Merchant entity giving this consent.
1. Your consent to use electronic signatures. You agree that we may use and obtain from you electronic
signatures and you agree that such electronic signatures, whether used to execute any Agreement will have the same legal effect as if signed in ink. You also agree that
an electronic, scanned, facsimile, or duplicate copy of such signatures may be used as evidence of execution of
such agreements with us.
2. Your consent to use electronic records. You agree that disclosures, notices, records, and other information
we provide to you may be in electronic form, at our sole option (“Electronic Records”). Electronic Records we
provide to you may include, but are not limited to, the Rules and
Regulations, Service Agreement(s), Term(s) of Use, User Agreement(s), Privacy Notice(s)/Policies, E-Sign
Notice(s), reports, invoices/billing statements, notices, and other disclosures and materials, as well as any
updates, amendments and/or additions to any of the foregoing from time to time, related to the Services.
Electronic Records may be delivered to you in a variety of ways, including via e-mail, access to a website that
we make available to you or as otherwise may be described in our agreements with you. Accordingly, we may
satisfy any obligation or right we may have to provide you with any of Electronic Records by delivering or
providing you access to such Electronic Records as described in the preceding sentence and you agree such
Electronic Records will have the same meaning and effect as if we provided you with paper documents/records.
3. Your option to receive paper copies. If we provide you with Electronic Records, and you want a copy in
paper, you may contact us at our contact info page (includes postal address) and request a paper version. Please include your full name, phone number and other identifying information with your request. You may be subject to a fee for your request unless prohibited by
applicable law. Please refer to the applicable agreement for the fee that may apply.
4. Your consent covers all products and services. Your consent covers all of your transactions relating to
each product or service that you agree to obtain in connection with the Services, and remains in effect until you
withdraw your consent.
5. You may withdraw your consent at any time. You have the right to withdraw your consent at any time and
at no cost to you. Please be aware, however, that withdrawal of consent may result in the termination of your
agreement and all associated services which are used to provide Electronic Records. If you have enrolled
for electronic or online reports or invoices/billing statements, the termination will cause paper forms of these
documents to be mailed to you via U.S. Postal Service and you may be subject to a fee unless prohibited by
applicable law. If you wish to withdraw your consent, you must contact us via our contact us page. Please
include your full name, phone number and other identifying information with your request. Any such written notice will be deemed
effective 5 business days following receipt by us.
6. You must keep your email or electronic address current with us. In order to ensure that we are able to
provide you with Electronic Records and other important notices and information from time to time, you must
notify us of any change in your email or other electronic address. There may be other, special services for which we provide separate instructions to update your
7. Hardware and software you will need. In order to provide you with or for you to receive Electronic
Records and other important notices and information, you must have:
• A compatible operating system (listed in the chart below),
• A current version of an Internet browser we support (listed in the chart below),
• A connection to the Internet,
• An active email account,
• A current version of a program that accurately reads and displays PDF files (such as Adobe
Acrobat Reader as listed in the chart below), and
• A computer and an operating system capable of supporting all of the above. You will also
need a printer if you wish to print out and retain records on paper, and electronic storage if
you wish to retain records in electronic form.
Windows XP, Windows Vista, Windows 7; Mac OS X
Browsers: Final release versions of Internet Explorer 7.0 or above (Windows only);
Mozilla Firefox 3.0 or above (Windows and Mac); Safari 3.0 or above
(Mac OS only); Google Chrome 5.0 or above.
Mobile Signing: Apple iOS 4.0 or above. Android 2.2 or above.
PDF Reader: Acrobat or similar software may be required to view and print PDF files.
Screen Resolution: 1024 x 768 minimum
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8. Changes to hardware or software requirements. We reserve the right to discontinue support of any
hardware or software if, in our sole opinion, it suffers from a security or other flaw that makes it unsuitable for
use with receiving or accessing Electronic Records. And we always reserve the right, in our sole discretion, to
communicate with you by U.S. Postal Service.
Our Contact Information
Silver Sky Soft Services, Inc.
1750 Prairie City Rd, Ste 130 #135
Folsom, CA – 95630