Point of Sale Acknowledgements

Last Updated: October 23, 2017


-Installation is the sole responsibility of you, the operator. This includes any installation performed by you or your staff as well as service performed by 3rd party installation partners recommended by CAKE “CAKE Certified” or another 3rd party installer of your choosing. All costs and materials required for installation are your sole responsibility. CAKE provides a list of CAKE Certified installation partners and some basic materials for installation of the system however other materials such as longer cables, mounting hardware, cable management solutions etc. are not included in the basic setup kit and are your responsibility if desired.

-CAKE hardware sold to and owned by Operator is subject to a limited warranty as per the Hardware Return Policy and Limited Warranty. For service, support, or warranty assistance of third party hardware and accessories, you should contact the manufacturer directly. For example, when Apple products fail to function under normal use contact Apple support for repairs and replacements under their original manufacturers’ warranty. CAKE is not responsible for loss or damage to hardware due to theft, fire, negligence, misuse, or normal wear and tear, or natural disaster. Purchased hardware that is defective and under warranty may be refurbished or replaced with a new or refurbished model of equivalent functionality.

-Unused Purchased Hardware may be returned for a refund (minus a 30% restocking fee) after delivery only if returned within 10 days of receipt and shipped back with all original materials and packaging. Set-up fees (e.g., activation fees) and any shipping and handling fees are non-refundable. POS services and leases are non-cancelable notwithstanding any qualifying return of purchased hardware.

-Activation fees are non-refundable. Checks for activation fees will be deposited within 10 days of Agreement signing.

-Lease payments are due and charged at the start of each month. Default in payment or theft or destruction of hardware may result in repossession of hardware or charge to operator for the then-present value of the hardware. Option to purchase hardware at the end of the lease term is based on fair market price of hardware. Expected fair market value at the end of the 3 year lease term: $149.

The start of the monthly POS service commences 7 days after equipment delivery or when Operator first begins using the system, whichever is earlier. The POS services carries a 24 month service term subject to cancellation restrictions and automatic renewal. Amendments to add POS Terminal(s) more than 3 months after activation date start a new 24 month term. At the end of the service term, POS Services automatically renew at CAKE’s then-current “month-to-month” (i.e. no term commitment) fee. Expected renewal fee: $79/month per each POS or mobile terminal.

-A pro-rated amount of the monthly service fee is due at end of the first month of service and the full monthly POS Service fee is charged at the start of each service month thereafter. Generally, payment will be via ACH and may revert to credit card in the event of ACH failure. Failure to stay current with monthly fees or an installation plan can result in summary termination of your CAKE service.

-Software and services are owned by CAKE or its partners subject to Operator’s right to use for so long as Operator pays for the underlying POS software service and does not become delinquent on any hardware payments or otherwise violate its agreements with CAKE.

-The services are subject to automatic renewal and recurring charges to your payment card or bank account at regular intervals up and through any renewal term. Recurring services and charges continue until canceled in accordance with the terms of the agreement.

-Signatories to a CAKE payment processing account will have a credit check run against their names as part of the application process. The credit inquiry may appear on the individual’s consumer credit report. Onboarding for CAKE payment processing in the responsibility of the merchant. Instructions for completing the CAKE payment processing application will be provided via email after the POS Agreement is completed.

Online order settlement is performed on a regular basis into the specified bank account net of applicable fees (5%). Settlement reports will be available in the CAKE Merchant Portal. Restaurant is responsible for ensuring that fees do not result in any diminishment of tips (except as permitted by law) owed to service or delivery workers.

-To improve CAKE’s services or promote CAKE’s business, CAKE may share transaction data with its corporate affiliates, including Sysco Corporation.

-Set-up, servicing and invoicing of CAKE Market Services are generally performed by a third party and not CAKE and subject to a separate agreement solely between Operator and the third party.