Operator Agreement - Shop PayRange

PAYRANGE OPERATOR AGREEMENT — PAYRANGE SUBSCRIPTION PROGRAM

Welcome, and thank you for enrolling in the PayRange Subscription Program (“Subscription Program”). This Operator Agreement provides you (“Operator”) with important information about the PayRange service and the terms and conditions that govern your participation and use of the Subscription Program.

Your use of the Subscription Program is subject to the PayRange Terms of Service. Additional information regarding the PayRange service and its features is available at payrange.com (the “Website”).

By accepting these terms during the online enrollment process, or by accessing or using the PayRange service, you acknowledge that you have read, understand, and agree to be bound by the Operator Agreement and the PayRange Terms of Service. If you do not agree to these terms, you must decline them during enrollment and you may not access or use the PayRange service.

REQUIREMENTS FOR THE SERVICE

PayRange will provide Operator with the necessary hardware required to equip the Operator’s machines to enable access to the PayRange Service, which may include harnesses and peripherals (collectively, “Hardware”) for use by Operator during the term of the Subscription Program plan specified in the applicable Subscription Program Order (the “Plan Term”).

To access PayRange Service, the provided Hardware must be registered and installed on the Operator’s machine. All PayRange subscription plans require the Operator to create a PayRange Manage operator account.

Operator agrees to enroll in PayRange’s First Purchase Free Program for the entire length of the Subscription plan period.

SUBSCRIPTION SERVICES

PayRange provides access to its subscription-based platform and related services (“Subscription Services”) as described in the applicable order form or subscription plan (“Subscription Plan”). Subscription Services may include access to software, customer support, updates, and related features.

SUBSCRIPTION SERVICE FEES

Fees for the Subscription Program, as specified in the completed Subscription order, include shipping and handling for PayRange BluKey hardware and machine specific harnesses, marketing signage, and PayRange Manage operator account setup. Unless otherwise specified in your Order, a transaction fee of 3.95% and a PICS fee of $0.02 will apply per transaction on all transactions made through the PayRange mobile network. For transactions in Canada, unless otherwise specified in your Order, the transaction fees will be 4.25%.

For any add-on hardware purchase, shipping, handing and taxes will apply to the hardware purchase order.

Weekly fees (“Platform Service Fees) apply for every machine connected to the PayRange platform. PayRange Platform Service Fees will be deducted in pro-rata installments from your weekly payout as set forth in Paragraph 2 of Section C of the Operator Terms of Service. Unless otherwise specified in your Subscription Plan Order, fees will apply for a minimum of twenty-four months.

Where the total fees to be deducted exceed the weekly payout amount, the deductions for that week shall be capped at the weekly payout amount. Any remaining balance of the fees due shall be carried forward and deducted from subsequent weekly payouts, with the deduction for each week limited to the weekly payout amount.

Operator agrees to enroll in PayRange’s First Purchase Free Program for the length of the subscription plan term.

Operator agrees to cooperate fully and take all actions necessary to facilitate the installation process, including but not limited to making the required Machines, in which Hardware should be installed, available to PayRange per the installation plan and timelines agreed between Parties.

PLAN TERM

The Plan term is twenty-four (24) months. For PayRange Subscription plans that include PayRange professional installation – the PayRange subscription plan starts the day the first device is installed and activated by our professional installation team. For all other customers who signed up to self-install the PayRange solution, the monthly subscription starts 30 days after the Subscription plan order date.

After the Plan Term expires, the Subscription Program will automatically renew annually unless either party provides (30) days’ written notice of termination.

In the event of an expiration or termination of this Agreement or an applicable order before the end of the specified Plan Term, unpaid fees and remaining platform service fees for the originally scheduled Plan Term will accelerate and become immediately due and payable.

PLAN TERMINATION

Upon termination or cancellation of the Subscription Program for any reason, Operator must return all Hardware to PayRange within thirty (30) days, and billing will continue for the fees associated with the Subscription Program until all Hardware has been returned in undamaged condition. PayRange reserves the right to bill Operator for the full retail price of unreturned Hardware if not returned within the timeframe specified above. PayRange reserves the right to bill Operator for the full retail price of returned Hardware if returned hardware is damaged. The Operator is responsible for the return shipping and any associated costs.

PLAN BILLING PERIOD & BILLING METHOD

For Operators who paid for PayRange installation services or were offered PayRange installation services as part of a temporary promotion, the PayRange Subscription Plan begins the day the first PayRange BluKey device is installed on the Operator’s machine by PayRange 3^rd party installation team.

For Operators who selected to self-install the PayRange provided Hardware, the PayRange Platform Service fee begins 30 days from the Subscription Plan Order regardless if the PayRange BluKey device has been installed on the Operator’s machine or not.

Weekly fees (“Platform Service Fees”) apply for every machine connected to the PayRange platform. PayRange Platform Service Fees will be deducted in pro-rata installments from your weekly payout as set forth in Paragraph 2 of Section C of the Operator Terms of Service. Unless otherwise specified in your Subscription Plan Order, fees will apply for a minimum of twenty-four months.

A one-time activation fee per PayRange BluKey Hardware device is payable at time of PayRange Plan Subscription sign up and order.

HARDWARE WARRANTY

Hardware is covered by the Warranty and Product Assurance Plan for BluKey Devices, each as specified above, for the duration of the Plan Term. PayRange will replace or repair malfunctioning Hardware during the Plan Term at no additional cost, provided that the malfunction is not caused by the Operator, theft or vandalism.

Operator acknowledges that all provided Hardware remain the property of PayRange, and that PayRange continues to own all right, title and interest in and to all such Hardware, outside of the limited uses that are made available to Operator hereunder. As such, Operator will (i) keep all such Hardware in its possession and will not permit others to possess or use it, and will not sell, collateralize, or encumber any Hardware in any way, and (ii) use reasonable care in its custody and use of the Hardware, and is responsible for all loss or damage, other than ordinary wear and tear.

Without limiting the foregoing, Operator is responsible to keep Hardware updated with all software and system upgrades instructed by PayRange, and to keep all Hardware out of excess temperature, free from drops or physical impact and water damage. Operator will not alter or obscure any labels or markings of PayRange inventory tracking numbers or ownership markings. Operator agrees to keep all Hardware in productive use processing payments under this Agreement during the entire Plan Term. For the sake of clarity, monthly fees apply whether or not Hardware is in use.

TRANSFER OF PLAN SUBSCRIPTION

Operator may assign this Agreement to a successor in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, provided that it give at least thirty (30) days prior written notice to PayRange, obtains a written agreement from the successor assuming all of the rights and obligations hereunder, and Operator remains responsible in the event that the successor fails to meet its obligations hereunder.

Installation Services Performed by Third Parties

Hardware will be installed by PayRange or a PayRange representative at a date and time agreed upon by the parties. If Operator cancels an installation appointment within 24 hours of the installation time, or is not available on-site at the installation time, Operator will pay a cancelation fee of $400, and the installation will be re-scheduled based on installer availability.

Use of Third-Party Installers

Operator acknowledges and agrees that installation services may be performed by independent third-party service providers (“Installation Partners”) and not by PayRange.

No Control Over Installation Partners

PayRange does not control, supervise, or direct the Installation Partners and is not responsible for their acts or omissions. Installation Partners are independent contractors and not employees, agents, or representatives of PayRange.

Installation Warranty and Liability

Any warranties, representations, or liabilities related to installation services are solely between Customer and the Installation Partner. To the maximum extent permitted by law, PayRange disclaims all responsibility and liability arising out of or related to installation services performed by any Installation Partner.

Scheduling and Access

Operator agrees that PayRange will charge the Operator a “no show fee” of $400.00 to any scheduled installation appointment where the Operator did not show up for the appointment. PayRange will automatically bill the credit card used at Subscription Order plan sign up for any no show appointment.

Operator agrees to pay the cancellation fee of $400.00 to any installation appointments cancelled within 48 hours of the scheduled installation appointment. PayRange will automatically bill the credit card used at Subscription Order plan sign up for any no show appointment.