TERMS & CONDITIONS

Condor POS Solutions – Service Agreement

1. PAYMENT TERMS

• Full payment or fifty percent (50%) Down Payment, whichever is applicable, is required upon signing of the official quotation to process and confirm the order.
• The remaining fifty percent (50%) balance shall be collected upon delivery and installation of the hardware and software.
• Condor reserves the right to pull out hardware units and halt installation if the remaining balance is not available on the scheduled delivery date.
• Any rescheduling of delivery due to non-payment shall incur additional charges to cover transportation, gas, and labor costs.
• Order reservation is not guaranteed without confirmed payment.
• For check payments, customers are required to send a scanned copy of the check for the remaining balance to respinosa@condorpos.com and CC ar@condorpos.com prior to the installation date to confirm delivery and installation.

2. SUBSCRIPTION TERMS

• Subscription is valid for one (1) year and must be renewed at least thirty (30) days prior to the expiration date to remain active.
• Termination or suspension of software use within the subscription period is strictly non-refundable.
• Plan upgrades are allowed during the active subscription period and shall be subject to prorated charges.
• Plan downgrades are not allowed within the subscription period.
• Upon subscription expiration, access to the POS System will be automatically discontinued.
• Customers are given a fifteen (15)-day grace period after expiration to manage and retain their data in case of reactivation.
• Subscriptions expired for more than fifteen (15) calendar days require a formal written request to Condor for evaluation and approval and may require BIR notification where applicable.

3. DELIVERY, RETURNS, AND ORDER CANCELLATION

• Condor does not accept refunds once the project has fulfilled its obligation to deliver the product and services to the customer.
• Order cancellation prior to installation shall result in forfeiture of the fifty percent (50%) Down Payment.
• The forfeited amount shall serve as compensation for lost sales opportunities, resource allocation, order processing, and system preparation costs.

4. SOFTWARE WARRANTY – SILVER PLAN

5. HARDWARE WARRANTY

• Condor hardware units come with a one (1) year depot warranty commencing from the date of delivery.
• Transportation costs for sending and retrieving hardware units to and from Condor’s office shall be shouldered by the customer.
• Diagnosis during the warranty period is free of charge with a turnaround time of twenty-four (24) to forty-eight (48) hours.
• Repairs due to factory defects and necessary parts replacement shall be free of charge during the warranty period.

6. WARRANTY EXCLUSIONS

Hardware and software warranties shall be void under the following circumstances:
• Tampering, alteration, or misuse resulting in data corruption, system crashes, or violation of government regulations.
• Installation or use of unlicensed, unauthorized, or virus-infected applications or devices.
• Customer-performed repairs, modifications, or alterations during the warranty period.
• Exposure to unfavorable environmental conditions such as heat, dust, liquids, or electrical negligence.
• Damage caused by natural calamities including typhoon, flooding, earthquake, and similar events.

7. RIGHT TO USE THE SOFTWARE

• Customers may use all features of the software package while the subscription remains active.
• Each subscribed customer shall be granted one (1) registered domain name to store and manage customer data.
• Requests to change domain names must be coursed through the assigned Sales Executive. Once approved, the old domain shall be deactivated to ensure only one active domain per subscription.
• Customers are strictly prohibited from using the software for unlawful purposes including but not limited to harassment, fraud, obscenity, discrimination, intellectual property infringement, service disruption, or any breach of applicable laws.

8. CUSTOMER RESPONSIBILITIES

• Pay all renewal fees on or before the subscription expiration date.
• Provide at least thirty (30) days’ notice regarding renewal decisions via email to support@condorpos.ph or through the Sales Executive.
• Ensure accurate printing and safekeeping of reports required by the Bureau of Internal Revenue (BIR).
• Maintain and safeguard the hardware where the CukCuk software is installed.
• Generate all BIR-required reports prior to subscription termination.
• Take full responsibility for business data; Condor shall not be liable for data loss after subscription expiration.
• Change default passwords upon first use and avoid installing applications that may affect system performance.

9. CUSTOMER ACKNOWLEDGEMENT

• Customers acknowledge that logging into the software constitutes acceptance and handover of the product.
• Customers are responsible for preparing the necessary equipment, manpower, and network connections required for proper system operation.

10. LIMITED LIABILITY AND SERVICE IMPLEMENTATION

• Condor does not guarantee uninterrupted, error-free operation or that services will meet all customer requirements.
• Services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express or implied.
• Condor shall not be liable for any direct, indirect, incidental, consequential, or punitive damages including loss of revenue, data, profits, or business interruption arising from the use or inability to use the product or services.

11. RESPONSIBILITY TO HANDLE SECURITY INCIDENTS

• In case the customer discovers security problems related to the CukCuk software, the customer must immediately inform Condor by calling the support hotline or sending an email to support@condorpos.ph.
• Security incidents include but are not limited to the following:
o Loss or unauthorized changes of data without obvious cause.
o Product or system discontinuity.
o Suspicion of hacker or cyber-attacks.

• When information security incidents occur, Condor shall be responsible for investigating, troubleshooting, and restoring data when applicable.
• During the investigation process, the customer is required to cooperate and participate if requested by Condor.
• Condor may provide a technical incident report upon customer request.

12. FORCE MAJEURE

In the event of force majeure, both parties shall be released from their obligations under this agreement. Force majeure events include, but are not limited to:
• Natural disasters or hostile acts that intercept, sabotage, block, or discontinue data center connections.
• Extensive power outages or breakdown of telecommunication cables causing service congestion or interruption.
• Hacker attacks or computer virus incidents that interrupt, block, or destroy software and data.
• Other force majeure events as prescribed by applicable law.

13. ONSITE ONBOARDING

• During hardware setup and installation, the customer must ensure that the POS counter is ready with a dedicated power outlet, away from heating appliances and possible liquid exposure.
• For setups requiring network and mall connections (e.g., multiple terminals or mall hookup), the customer must ensure that all cabling is properly installed, tested, and operational prior to the scheduled installation date.
• Installations requiring wall mounting, drilling, or non-POS-related installations are not included unless otherwise approved.
• Onsite installation schedules are limited to Condor’s regular business hours, Monday to Friday, 8:00 AM to 5:00 PM.
• Requests for weekend delivery and installation are subject to approval and shall incur a charge of ₱2,500 per day.
• Additional charges apply for onsite installations outside Metro Manila. Please refer to Section 16 for applicable charges.

14. BIR PERMIT APPLICATION ASSISTANCE

• CUKCUK is accredited by the Bureau of Internal Revenue (BIR). A ₱3,500 assistance fee applies to customers who opt for self-training onboarding; this service is included in onsite and online onboarding packages.
• The assistance fee covers the application for the Permit to Use POS Machine required by the BIR.
• Customers must submit their latest Certificate of Registration (COR) to proceed with the application.
• Customers are responsible for creating their own eAccreg account and submitting the notarized Sworn Statement to their respective RDO.
• Condor will assist in the account creation process and provide templates for required documents.
• Approval and release of the Permit to Use POS Machine are beyond Condor’s control.
• Cancellation of existing POS permits remains the sole responsibility of the taxpayer.

15. OTHER SERVICES

• Hardware staging units (for client-owned hardware).
• Hardware repair services.
• Loaner units, subject to availability and applicable terms and conditions.
• Menu programming services.
• Change of domain name requests.
• Mall hookup assistance, including coordination with mall IT teams (one visit with one-week monitoring).
• Assistance with online BIR permit applications, including reapplication or company renaming, submission of updated COR, receipt configuration, transaction reset, BIR report generation, and decal printing.
• Training and re-training services (Onsite, Online, In-house).
• Onsite support depending on location.
• Ocular visits and basic network cabling services.

16. OUTSIDE ONSITE CHARGES

• For customers outside Metro Manila, additional charges shall apply, including:
o Transportation cost per Technical Specialist.
o Per diem allowance of ₱800.00 per Technical Specialist per day, payable prior to commencement of work.
o Freight and shipping costs.
o Safe and adequate accommodation for work exceeding twelve (12) hours, including travel time.

• Reports, features, or functions outside the system’s standard scope shall be classified as Enhancement Projects and billed per man-hour, subject to a separate quotation.