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Point of Sale Acknowledgements

Last Updated: November 20, 2020

-All costs and materials required for installation are your sole responsibility. This includes any installation performed by you or your staff as well as service performed by 3rd party installation partners recommended by CAKE or another 3rd party installer of your choosing. CAKE may provide 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. Cake 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 restocking fee (30% of the purchase price unless otherwise agreed to by the parties in writing)) 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 (including Orderpad) services and leases are non-cancelable notwithstanding any qualifying return of purchased hardware.

-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. At the end of the service term, POS Services (including Orderpad subscriptions) 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. Payment will be via ACH or credit card or deduction from the payout of funds settling from card transactions if applicable and authorized. Failure to stay current with monthly fees or an installation plan can result in summary termination of your CAKE service. If your CAKE service is terminated for breach and CAKE subsequently agrees to reactivate the service you may be charged a reactivation fee consistent with applicable law.

-The services are subject to automatic renewal and recurring charges to your payment card or bank account or other authorized payment method 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 and beneficial owners of the business may have an identity verification and/or credit check run against their names as part of the application process. The credit inquiry may appear up on the individual’s consumer credit report. Onboarding for CAKE payment processing is 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 generally performed on a regular basis into the specified bank account net of applicable fees. 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.

-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.

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