Business Services Kiosk Template

BUSINESS SERVICES KIOSK AGREEMENT

Recitals

This Business Services Kiosk Agreement (the Agreement) is entered into as of between Client Name: and Service Provider: .

WHEREAS, Client desires to make available at one or more physical locations a self-service kiosk to provide business services to the public; and

WHEREAS, Service Provider has expertise in supplying, installing, operating, and maintaining such kiosks and will provide the services described below under the terms and conditions set forth in this Agreement.

Scope of Work

Printing Scanning Payments Processing Other:

Equipment, Installation & Maintenance

Service Provider shall install and commission the kiosk and shall be responsible for routine maintenance and repair, excluding damage caused by the intentional acts of Client or third parties. Permanent replacement of major components shall be governed by a mutually agreed change order.

Payment Terms

Client shall pay Service Provider the fees set forth below in consideration for the services and kiosk placement.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate for material breach if the breach remains uncured for thirty (30) days after written notice specifying the breach.

Confidentiality

Each party acknowledges that in connection with this Agreement it may receive Confidential Information of the other party. "Confidential Information" means nonpublic information disclosed in any form that is identified as confidential or that should reasonably be understood to be confidential. Each party shall (i) hold confidential information in confidence using at least the same degree of care it uses to protect its own confidential information, and (ii) not use or disclose such information except as necessary to perform its obligations under this Agreement or as required by law.

Confidential information shall not include information that (a) is or becomes generally available to the public without breach of this Agreement, (b) was known to the receiving party prior to disclosure, (c) is rightfully received from a third party free to disclose, or (d) is independently developed without use of the disclosing party's confidential information.

Insurance and Indemnity

Service Provider shall maintain at its expense commercial general liability insurance, with limits not less than the amount set forth below, naming Client as an additional insured only to the extent required by written agreement. Service Provider shall indemnify, defend and hold harmless Client from and against all claims, liabilities, losses and expenses arising out of the gross negligence or willful misconduct of Service Provider in connection with the kiosk operations.

Data, Privacy & Compliance

Service Provider shall implement industry-standard technical and organizational measures to protect any personal data collected through the kiosk. All transactional data and customer personal data collected by the kiosk shall be the property of unless otherwise expressly agreed in writing. Service Provider shall comply with applicable data protection laws and payment card industry requirements where applicable.

Service Provider represents that all required permits and approvals for installation and operation have been obtained prior to installation.

Limitation of Liability

Except for liability arising from gross negligence or willful misconduct, in no event shall either party be liable to the other for indirect, incidental, consequential, exemplary or punitive damages. The aggregate liability of either party for any claim arising under this Agreement shall not exceed the total fees paid by Client to Service Provider in the twelve (12) months preceding the claim.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles.

Entire Agreement

This Agreement, including all exhibits and written amendments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written understandings, representations, and agreements. Any amendment or modification of this Agreement must be in writing signed by authorized representatives of both parties.

Execution

The parties hereto have executed this Agreement by their duly authorized representatives as of the date set forth below.

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