Terms and Conditions of Best-Technology GmbH for POS Services

1. Subject of the Contract

These General Terms and Conditions govern the POS service provided by BEST TECHNOLOGY GmbH (hereinafter referred to as “BEST”) to its contractual partners. The POS service includes, in accordance with the order placed, the provision of a POS terminal on a rental basis or by sale, as well as installation, maintenance, and servicing of the terminal.

2. Scope of Services

2.1 BEST Services

BEST shall provide the deliveries and services agreed upon in the contract at the prices and conditions specified therein, as well as in accordance with the applicable price and service list in its current version.

The contractual partner shall provide the prerequisites required for the execution of the deliveries/services in accordance with Section 2 and in line with BEST’s specifications.

Additional services requested (e.g., technical modifications or adaptations to technical requirements) will be charged separately.

3. Obligations of the Contractual Partner

3.1 Information Obligations

The contractual partner is obliged to provide BEST with all information necessary for implementing the chosen cashless payment solution at their business or at the participant’s premises.

The contractual partner must inform BEST immediately in writing of any changes to the data provided in the service agreement, especially in the case of:

  • Changes in legal form or company name

  • Changes of address and/or bank details

  • Change of business location where the services underlying submitted card transactions are performed

  • Sale, lease, change of ownership, or closure of the business

  • Transfer of shares or comparable economic measures leading to a change of control, particularly if individual shareholders hold more than 25% of shares or voting rights

3.2 Additional Obligations

The contractual partner must:

  • Operate the provided devices according to the supplied instructions

  • Inspect the delivered equipment (e.g., POS terminal, PIN pad) within eight working days after delivery for completeness and functionality and report any defects in writing by registered letter within a further eight working days

  • Refrain from making changes or repairs to rented devices

  • Allow installation on the agreed date

  • Notify BEST immediately and in writing of relocation of devices

  • Notify BEST immediately and in writing of changes to postal address or dial-in number

  • Report malfunctions, defects, or damage immediately

  • Inform BEST of any third-party claims

  • Inform third parties in case of seizure attempts that the equipment is owned by BEST

  • Provide required line connections and sockets in accordance with BEST specifications

  • Notify BEST immediately after installation if performed by the contractual partner or third parties

  • Carry out a cash register closing daily (generally), at least once per week, and at month-end

  • Notify BEST in writing of any change in bank details

  • Check incoming transactions and raise objections within three months

  • Return devices and accessories (including SIM card) immediately upon termination at own cost and risk

  • Ensure that only BEST or authorized third parties use the terminal for configuration or repairs

  • Conclude a suitable SEPA agreement with their bank before the first transaction

4. Commencement and Duration of the Contract

4.1 Conclusion

The contract is concluded by countersignature or written confirmation by BEST. Unless otherwise agreed, the contract term begins upon delivery of the terminal.

4.2 Contract Term and Termination

  • If no term is specified, the contract term is 60 months.

  • The contract automatically renews for 12 months unless terminated in writing six months before expiration.

  • Extraordinary termination for good cause remains reserved.

BEST may terminate without notice in particular if:

  • The contractual partner fails to fulfill information obligations

  • Required business licenses are withdrawn

  • A change of control occurs

If the contractual partner defaults or terminates prematurely, BEST may claim lump-sum damages per terminal:

  • Year 1: €650

  • Years 2–4: €450

  • From Year 5: €300

Additional claims for actual damages remain unaffected.

5. Fees and Payment Terms

Transaction-related fees include completed card payments and administrative transactions (e.g., purchase, cancellation, refunds, diagnostics).

Fees are based on the valid service agreement, price list, and girocard system conditions and are subject to statutory VAT.

Payments are collected by direct debit. Objections must be raised within four weeks.

Payment obligation begins upon operational readiness or first initialization (at the latest ten calendar days after documented delivery).

6. Retention of Title

Purchased devices remain the property of BEST until all claims arising from the business relationship have been fully settled.

7. Warranty and Liability

7.1 Warranty

BEST provides statutory warranty for purchased devices and ensures functionality under agreed maintenance terms.

7.2 Limitation of Liability

BEST is not liable for:

  • Improper use or unauthorized modifications

  • Delays not explicitly confirmed as binding

  • Interest losses due to delayed value dates

  • Network failures caused by telecom providers

  • Data reconstruction unless caused intentionally or by gross negligence

The contractual partner is liable for:

  • Damages caused negligently or intentionally

  • Improper handling or unauthorized third-party equipment

  • Loss or damage of provided devices

  • Failure to return devices (lump sum €650 plus VAT per device)

8. Maintenance and Servicing

8.1 Depot Maintenance

Maintenance is included in rental agreements. For purchased devices, it may be booked as an additional service.

The contractual partner must:

  • Provide remote access for maintenance

  • Follow technician instructions

  • Send defective devices to a designated depot at own cost

  • Ensure the terminal is remotely accessible

Maintenance does not cover damages caused by misuse, third parties, force majeure, or changes in POS specifications.

9. Confidentiality and Data Protection

Both parties agree to treat confidential information as strictly confidential.

BEST ensures compliance with German data protection law by its data processors.

10. Jurisdiction and Applicable Law

Exclusive place of jurisdiction: Duisburg.
Applicable law: Federal Republic of Germany.
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

11. Final Provisions

BEST may amend these terms in text form. Changes are deemed accepted unless objected to in writing within six weeks.

If individual provisions are invalid, the remaining provisions remain effective. Invalid clauses shall be replaced by valid ones that most closely reflect the economic intent of the original provision.