Equipment Terms

1. The Equipment provided to Merchant is the property of Fivestars and may only be used in conjunction with the Platform for its intended use. If Equipment is not being used for its intended use, Fivestars may terminate the Agreement or require Merchant to return such Equipment. If Merchant does not return the Equipment in accordance with the foregoing within thirty (30) days of Fivestars notice of the same, Merchant authorizes Fivestars to charge Merchant’s payment instrument or invoice Merchant (at Fivestars’ discretion) for replacement value of the Equipment in the amount of six hundred United States dollars ($600) per payment terminal and/or three hundred United States dollars ($300) per any other piece of Equipment. The Equipment may include the following: payment terminal, NFC scanner, and/or tablet(s) (each a piece of Equipment). The Equipment that the Merchant will receive will be listed on an Order Form.

2. If, during the Term of the Agreement, the Equipment ceases to function in accordance with the terms of the Agreement, Fivestars’ generally published documentation regarding the Platform or the Equipment, or otherwise as reasonably expected, Merchant may contact Fivestars at (860) 578-2770. If Fivestars determines, in its reasonable discretion, that the Equipment should be replaced due to functionality issues (“Faulty Equipment”), Fivestars will ship replacement Equipment to Merchant. Merchant shall return the Faulty Equipment to Fivestars within thirty (30) days upon its receipt of the replacement Equipment. If Merchant fails to return the Faulty Equipment in accordance with the foregoing, Merchant authorizes Fivestars to, at Fivestars’ discretion, either charge Merchant’s payment instrument or to invoice Fivestars for the replacement value of the Equipment in the amount of six hundred United States dollars ($600) per payment terminal and/or three hundred United States dollars ($300) per any other piece of Equipment.

3. If, after receiving Faulty Equipment from Merchant, Fivestars determines in its reasonable discretion that the Equipment is damaged apart from normal wear and tear, Merchant authorizes Fivestars, at its own discretion, to either charge or to invoice Merchant Fivestars for: (a) repair or replacement of such Equipment, not to exceed six hundred ($600) per payment terminal and/or three hundred dollars ($300) per any other piece of Equipment, and (b) the cost of shipping both the Faulty Equipment to Fivestars and the replacement Equipment to Merchant (if paid for by Fivestars).

4. If Merchant notifies Fivestars that the Equipment is lost or stolen, Merchant authorizes Fivestars, at its own discretion, either to charge for Merchant’s payment instrument or to invoice Merchant Fivestars for replacement costs, not to exceed six hundred ($600) per payment terminal and/or three hundred dollars ($300) per any other piece of Equipment.

5. Equipment deposits shall be credited to Merchant thirty (30) days after the deposit is paid; which shall be applied to Merchant’s next invoice. If Merchant cancels its subscription to the Platform prior to the thirty (30) day deposit period, the deposit shall be returned to Merchant’s payment instrument upon return of all Equipment.

6. If the Agreement terminates for any reason, all Equipment must be returned in full functioning order within thirty (30) days. If the Merchant fails to return all Equipment in accordance with the foregoing, Merchant hereby authorizes Fivestars, at its own discretion, to charge six hundred ($600) per payment terminal and/or three hundred dollars ($300) per piece of Equipment to Merchant’s payment instrument or to invoice Merchant for the same. A signed mail receipt of shipment of the Equipment is required as proof of return.

7. If Fivestars invoices Merchant for any costs associated with this Equipment Addendum, Merchant shall pay such invoice in accordance with the terms of this Agreement or, if applicable, the Order Form.

Return Address for Equipment:
Returns Department Fivestars Loyalty, Inc.
3100 Alfred Street, Santa Clara, CA 95054