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Aimer Terms of Use

The terms governing all Aimer products and services

New Zealand & Australia · 051026 R4 · Last updated 5 October 2026Print / Save as PDF

Parties & background

Aimer continuously develops and expands its Products and Services. Unless Aimer specifies additional or product-specific terms, any new Product or Service the Customer orders, enables or uses is governed by these Terms, which apply to it from first use.

These Terms govern the Customer’s use of all products and services provided by Aimer, including software, hardware, online ordering, payment services, integrations and any future products or services (together, the Products and Services). Aimer provides them as a platform; where regulated payment processing is involved, it is provided by a Processing Partner. These Terms set out the parties’ rights and obligations; the commercial terms — what is supplied, at what price and on what term — are set out in the Service Agreement. It is agreed as follows.

Part I — General

1.Definitions and interpretation

1.1In these Terms, unless the context requires otherwise, the following definitions apply:

Aimer —
the Aimer contracting entity identified in the applicable Schedule. References to “Aimer HQ” are references to the same entity, trading under that name.
AimerPay —
Aimer’s payment service, provided as a platform through which Aimer facilitates access to payment processing provided by a Processing Partner.
AimerPay Activation Discount —
a discount on Hardware, Software, a Rental Plan or a subscription stated in the Service Agreement and given because AimerPay is activated for the product or Section concerned (clause 19.4).
AimerPay Processing Value —
the total value of purchase transactions successfully captured through AimerPay in a period, before refunds and chargebacks, excluding voids, reversals and test transactions; where measured for a Payment Device, the value of such transactions captured through that device.
Agreement —
the Service Agreement, these Terms, the applicable Schedule, the Aimer Privacy Policy and, where AimerPay is used, the applicable Processing Partner Terms.
Business Day —
a day other than a Saturday, Sunday or public holiday in the place of Aimer’s registered office stated in the applicable Schedule.
Chargeback Fee —
the fee for each chargeback, as stated in the applicable Schedule.
Commercial Card Assessment Fee —
the fee for commercial cards described in clause 19.6.
Commencement Date —
for each product or service, (a) the date it is installed, activated or first used by the Customer, whichever occurs first, subject to clause 13.8; or (b) for a renewal, the renewal commencement date stated in the renewal Service Agreement. A requested installation date is a request only and is not a Commencement Date.
Commercial Terms —
the products, quantities, prices, fees, discounts and credits, terms and bundle conditions stated in the Service Agreement. A reference in any document to the “Commercial Schedule” is a reference to the Commercial Terms.
Customer —
the person identified as the customer in the Service Agreement.
Direct Debit Authority —
a direct debit authority or request given by the Customer to Aimer’s billing provider in the form it requires (in Australia, together with the Direct Debit Request Service Agreement).
GST —
the goods and services tax applying in the Customer’s jurisdiction.
Hardware —
the point of sale, kiosk, display and other equipment supplied to the Customer under the Service Agreement, other than Payment Devices.
International Card Assessment Fee —
the fee for internationally issued cards described in clause 19.5.
List Price —
the standard price for a product or service shown in the Service Agreement before any discount or credit.
Merchant Fee Schedule —
the AimerPay merchant service rates set out in the Service Agreement (Section E). The Merchant Fee Schedule may also summarise refund and chargeback fees; the applicable amounts and rules are governed by these Terms and the applicable Schedule. Scheme and other third-party amounts are dealt with under clause 21.
Merchant Service Fee —
the fee payable by the Customer for processing a payment through AimerPay, consisting of the rate stated in the Merchant Fee Schedule for the card type and channel, any Online Transaction Fee and any International Card Assessment Fee or Commercial Card Assessment Fee that applies to the payment.
Minimum Term —
the minimum subscription or rental term stated in the Service Agreement for a product or service, running from its Commencement Date. Where Deferred payments or a Rental Holiday are agreed under clause 15, the Minimum Term includes the stated period before rental payments start as well as the agreed payment period; that extension does not add rental payments.
Online Transaction Fee —
the fixed amount per online payment stated in the Merchant Fee Schedule, payable in addition to the rate.
Operating Lease —
a lease of equipment from a finance provider identified in the Service Agreement under clause 15.4.
Pass-through Processing Cost —
the processing costs charged to Aimer by the Processing Partner in connection with a transaction, including interchange, scheme, network, acquiring and processing charges and mark-ups, excluding the separately stated AimerPay service fee.
Payment Device —
a terminal, reader or device used to accept payments through AimerPay, including a supported smartphone, tablet or kiosk running Tap to Pay, and a terminal included in a bundle.
PCI Documentation —
the PCI DSS self-assessment questionnaire(s), attestation of compliance and other PCI documentation the Processing Partner requires for the Customer’s payment channels, devices and payment environment from time to time.
Processing Partner —
the third-party financial services provider Aimer engages from time to time to provide the regulated payment processing and acquiring for AimerPay. Aimer may engage one or more Processing Partners. The current Processing Partner is Adyen (Adyen N.V. and its local entity identified in the applicable Schedule).
Processing Partner Terms —
the terms and conditions of the applicable Processing Partner that apply to the Customer’s use of AimerPay, being the documents generated or identified for the Customer in connection with onboarding or when additional services or capabilities are enabled (currently the Adyen for Platforms Terms and Conditions — Payment Processing Services), together with the documents they incorporate by reference, including the Processing Partner’s Prohibited and Restricted Products and Services List.
Products and Services —
all products and services Aimer makes available from time to time, including (without limitation) the Software, the Hardware, Payment Devices, AimerPay, online ordering, and any future products, features or modules. A reference to a Product or Service includes any new one Aimer adds.
Refund Fee —
the fee for each refund, as stated in the applicable Schedule.
Rental Plan —
the supply of Hardware (and, where the Service Agreement so states, Software and Payment Devices) for a monthly fee over a Minimum Term, either as an in-house rental from Aimer (clause 15.3) or as an Operating Lease (clause 15.4), as the Service Agreement states.
Scheme Rules —
the rules of the relevant card scheme owners, acquirers and payment-method providers.
Service Agreement —
the Aimer Service Agreement signed or accepted by the Customer, including its product sections, Commercial Summary, Merchant Fee Schedule, Business Details and Execution pages. A quotation becomes a Service Agreement on execution. An order placed online or by portal registration is also a Service Agreement.
Settlement —
the payment of funds for processed transactions to the Customer, net of fees and any reserve.
Terminal Rental Waiver —
the waiver of the stated monthly rental of an eligible additional AimerPay terminal for a qualifying month, where selected for that terminal in the Service Agreement, as described in clause 19.4(b).
Software —
the Aimer point of sale, ordering and related software and services provided on subscription.
Standard monthly fee —
the undiscounted monthly fee expressly stated in the Service Agreement for the relevant Software or subscription after its prepaid term or Operating Lease, where applicable; otherwise, its monthly List Price stated in the Service Agreement or, if none is stated, Aimer’s then-current standard monthly fee.

1.2In these Terms:

  • headings are for convenience only; the singular includes the plural; and “including” and “for example” are not words of limitation;
  • a reference to a statute or document (including the Processing Partner Terms and the Scheme Rules) is to it as amended or replaced from time to time; and
  • if documents forming the Agreement conflict, clause 2 applies.

2.The Agreement, the Service Agreement and precedence

2.1The Agreement consists of the documents listed in the definition of Agreement. If they conflict:

  • the Commercial Terms in the Service Agreement prevail on what is supplied, at what price, with what discounts or credits and on what term;
  • the applicable Schedule prevails on matters specific to the Customer’s jurisdiction;
  • these Terms govern the relationship between Aimer and the Customer in all other respects; and
  • the Processing Partner Terms govern the regulated payment-processing layer and prevail over these Terms to the extent they impose obligations required by the Processing Partner, the Scheme Rules or law.

2.2These Terms apply to every Aimer product and service, however ordered. A new Aimer product may be added by a further Part or Schedule without affecting the rest of the Agreement.

2.3The Customer accepts these Terms by any of the following, each being sufficient on its own:

  1. signing the Service Agreement;
  2. ticking the acceptance box or clicking “I agree” during registration; or
  3. accepting in an Aimer or AimerPay portal, or continuing to use a service after being presented with these Terms.

2.4Where the Customer uses AimerPay, the Customer appoints Aimer as its authorised representative to complete and administer AimerPay onboarding with the Processing Partner under clause 17. The applicable Processing Partner Terms are accepted by the Customer or, where the Processing Partner permits, acknowledged or accepted by Aimer on the Customer’s behalf under that authority, and the Customer is bound by them as if it had accepted them directly.

2.5The Schedule for the Customer’s jurisdiction forms part of these Terms and prevails over Parts I to III to the extent of any inconsistency. The version of these Terms current on the date of the Service Agreement applies, as varied from time to time under clause 9; the current version is published at www.aimerhq.com/terms_of_use. Aimer retains previous versions and provides a copy on request; selected previous versions are linked on that page.

2.6The person accepting these Terms warrants that they are authorised to bind the Customer. The Customer acquires the products and services in trade for its business purposes, except where a non-excludable consumer law applies (see the applicable Schedule).

2.7Each Service Agreement is a separate agreement on these Terms. A Service Agreement marked as an upgrade or variation for an existing customer varies the earlier Service Agreement from its Commencement Date; one marked as a renewal starts a new Minimum Term on its own terms from the date stated in it; one marked as an add-on supplements the earlier Service Agreement with the additional products stated in it, on these Terms, without varying the earlier Service Agreement’s other terms; one for an additional store is a separate agreement for that store.

2.8Quotation validity. Unless the quotation states otherwise, it is valid for 30 days from its date. After that period, Aimer must reconfirm the quoted prices or provide updated prices for the Customer to accept before the quotation becomes a Service Agreement. Expiry of a quotation does not change a Service Agreement already entered into.

3.Charges, invoicing and payment

3.1Charges are payable as stated in the Service Agreement. Software, Hardware, Rental Plan and Payment Device rental fees are fixed during any Minimum Term or prepaid term, subject to clause 9.2. AimerPay merchant service rates may change under clause 9.3, and Pass-through Processing Costs vary under clauses 9.4 and 19.3. All charges are exclusive of GST, which is payable in addition, except AimerPay merchant service fees, which are inclusive of GST.

3.2The Customer is responsible for determining, collecting and remitting all taxes on its own sales. Interest on overdue amounts applies only at a rate expressly agreed in the Service Agreement or otherwise permitted by law. Aimer may recover reasonable collection costs actually incurred in recovering an overdue amount, to the extent permitted by law, without double recovery.

3.3Where the Customer has provided a valid Direct Debit Authority, the Customer authorises Aimer, through its billing provider, to collect charges under that authority in accordance with the billing schedule. Merchant Service Fees and other amounts due under Part III may instead be deducted from Settlement. Where a Rental Plan is an Operating Lease, the lease payments are collected by the finance provider under its own agreement.

4.Customer data

4.1As between the parties, the Customer owns the business and transaction data it enters into the Software. The Customer grants Aimer a licence to host and process that data to provide the services and, in de-identified or aggregated form that does not reasonably identify a person or the Customer, to operate and improve Aimer’s products. The Customer is responsible for the accuracy of its data and for having the rights and lawful basis needed to provide it. Aimer remains responsible for its own handling of that data under clauses 4 and 6.

4.2Security and recovery. Aimer will maintain reasonable technical and organisational safeguards, access controls and backup and recovery measures appropriate to the hosted services and the data it processes. The Customer must protect its account credentials and devices, manage authorised users and promptly report suspected unauthorised access. The Customer should retain independent copies of records it needs for its own business and legal obligations; this does not relieve Aimer of its agreed responsibilities. Any specific backup frequency, recovery time or recovery point commitment must be expressly agreed in writing.

4.3Export and deletion. The Customer may export its business data during the term and for at least 30 days after termination, through available export functions or with reasonable assistance from Aimer if account access is unavailable. Aimer will identify any charge for additional migration work and obtain agreement before doing that work. After that period Aimer may delete the data, subject to legal retention requirements. Copies retained for legal, security or backup purposes remain protected, are used only for those purposes, and are deleted or overwritten when no longer reasonably required. Personal information is also governed by clause 6.

5.Confidentiality

5.1Each party will keep the other’s non-public information confidential and use it only to perform the Agreement, except where disclosure is required by law or made to advisers under equivalent obligations. This clause survives termination.

6.Privacy and personal data

6.1Each party will comply with the privacy law applicable to its handling of personal information. Aimer’s collection, use, disclosure and retention of personal information are described in the Aimer Privacy Policy (www.aimerhq.com/privacy-policy); the Processing Partner’s own processing is described in its privacy statement. The Customer must provide required notices and have a lawful basis for the personal information it supplies. Neither that obligation nor the Customer’s acceptance of these Terms transfers Aimer’s own legal responsibilities to the Customer.

6.2Processing and service providers. When Aimer hosts personal information on the Customer’s behalf, it processes that information to provide the agreed services and follow the Customer’s lawful instructions, except where law requires otherwise. Aimer may separately process information for its own lawful account administration, billing, security, compliance and dispute purposes, as described in its Privacy Policy. It may use service providers, including overseas providers, with appropriate confidentiality and security safeguards. Each party remains responsible for the cross-border protections required of it by applicable law; acceptance of these Terms alone does not waive those protections.

6.3Privacy incidents and assistance. Aimer will notify the Customer without undue delay after becoming aware of a security incident involving unauthorised access to, disclosure, alteration or loss of personal information it processes for the Customer. It will provide available information and reasonable assistance to contain the incident and support required notifications, with updates as further information becomes available. Each party remains responsible for notifications it is legally required to make. The parties will reasonably cooperate with access, correction, deletion and other lawful privacy requests, subject to identity verification, legal retention and third-party rights.

7.Liability and indemnity

7.1Nothing in the Agreement excludes or limits liability or remedies that cannot lawfully be excluded or limited, including any applicable consumer guarantee, or liability for fraud, wilful misconduct, or death or personal injury caused by negligence. The applicable Schedule and the protections of this clause prevail over any inconsistent exclusion, limitation, indemnity or termination charge.

7.2Subject to clause 7.1, neither party is liable for indirect or consequential loss, including lost profit, revenue, business or goodwill to the extent that the loss is indirect or consequential. Reasonable costs of restoring data directly caused by a party’s breach are not excluded merely because they relate to data. Aimer’s total aggregate liability for claims arising from events in any 12-month period is limited to the charges paid or payable to Aimer under the affected Service Agreement for that period (or the period since commencement, if shorter). Claims arising from the same or related events are treated as arising when the first such event occurred. Those charges include Aimer fees collected through the Processing Partner, but exclude transaction principal, third-party pass-through amounts and payments due to a separate finance provider. This cap does not limit an express refund obligation under the Agreement.

7.3The Customer indemnifies Aimer for reasonable losses and third-party claims to the extent caused by the Customer’s breach of the Agreement, applicable law or Scheme Rules, or by unlawful or infringing products, services or data supplied by the Customer. The indemnity does not apply to the extent a loss is caused or increased by Aimer’s negligence, wilful misconduct or breach of the Agreement. The payment-specific indemnity in clause 21.6 is subject to the same exclusion and clause 7.6.

7.4Aimer will exercise reasonable care and skill in providing its services. Subject to clause 7.1, Aimer does not give a warranty beyond those expressly stated in the Agreement or required by law. In particular, the availability qualification in clause 13.4 does not exclude Aimer’s express support, security, repair or other service obligations.

7.5The cap in clause 7.2 does not limit the Customer’s obligation to pay properly due charges or amounts validly recoverable under an indemnity in the Agreement. Those indemnities remain subject to their stated scope, the fault exclusions in clauses 7.3 and 21.6, clause 7.6 and applicable law. An indemnity is not a separate right to recover a loss that the relevant clause excludes.

7.6Claims and mitigation. A party seeking recovery must take reasonable steps to limit its loss and cannot recover the same amount more than once. For an indemnified third-party claim, Aimer will give reasonably prompt notice and available supporting details, allow the Customer a reasonable opportunity to participate in the response, and consult before agreeing a settlement for which it seeks reimbursement. This does not prevent urgent action or compliance with mandatory Scheme Rules or Processing Partner deadlines.

8.Term, renewal, suspension and termination

8.1The Agreement starts on acceptance and continues until terminated. Each subscription, Rental Plan and Payment Device rental is, as the Service Agreement states, (a) open-term (month-to-month), which either party may terminate on 30 days’ written notice; (b) for a Minimum Term, under clauses 13.5, 15.3 and 18.1; or (c) prepaid for a term, under clause 13.6. Termination of one product or service does not terminate another, a prepaid term or an Operating Lease, except as the Agreement expressly provides.

8.2Aimer may suspend or terminate a service immediately by notice if:

  • the Customer materially breaches the Agreement (including non-payment) and does not remedy it within a reasonable period (for non-payment, within 7 days of notice);
  • the Customer becomes insolvent; or
  • required by the Processing Partner, an acquirer, a scheme owner, a regulator or applicable law.

8.3On termination, licences for the affected services end, outstanding charges properly due (including any applicable early termination charge under clauses 13.7, 15.3 and 18.4, subject to clauses 8.4–8.6) remain payable, and rented Hardware and Payment Devices are returned under clauses 15.3 and 18.2. Clause 4.3 governs data export. Accrued rights and clauses intended to survive continue.

8.4Termination for Aimer’s breach. The Customer may terminate the affected service by written notice if Aimer materially breaches the Agreement and fails to remedy the breach within 30 days after receiving written notice describing it, or immediately if the material breach cannot be remedied. No early termination charge applies to that service. This right is additional to clauses 7.1 and 9 and does not restrict any statutory right to an earlier remedy.

8.5Service withdrawal and refunds. If Aimer permanently withdraws a paid service or terminates it other than for the Customer’s breach, or the Customer validly terminates under clause 8.4, Aimer will promptly refund prepaid charges it received for the affected service for the unused period after termination. If Aimer cannot provide a material part of an agreed service and cannot reasonably restore it or provide a materially equivalent alternative, the Customer may terminate the affected service without an early termination charge and receive that refund. Statutory refunds or other remedies are unaffected. Termination does not itself cancel a separate finance provider’s agreement; rights and payments under that agreement are governed by its terms and applicable law, without limiting a claim against Aimer.

8.6Early termination calculations. Where clauses 13.7, 15.3 or 18.4 require payment of remaining agreed fees, that payment schedule remains the starting point. Aimer will deduct any payment or credit already applied to those remaining fees, costs it reasonably avoids because the service ends early, and net amounts recovered from re-letting returned equipment for the same remaining period to the extent that would otherwise compensate the same loss twice. Aimer will take reasonable steps to mitigate its loss and provide a breakdown on request. Any resulting credit identified after settlement will be returned to the Customer. A charge must not exceed the amount lawfully recoverable. These adjustments do not reverse an earned Terminal Rental Waiver and do not change the payment schedule while the Agreement continues. A separate finance provider’s settlement is governed by its own agreement and applicable law.

9.Changes to these Terms and to pricing

9.1Aimer may change these Terms on at least 30 days’ notice (which may be electronic), except that a change required by law, the Scheme Rules or a regulator, acquirer or scheme owner may take effect sooner. If a change (other than a legally-required change) materially disadvantages the Customer and it does not agree, it may terminate the affected service before the change takes effect. No early termination charge applies to the affected service where the Customer terminates validly under this clause. Continued use after the effective date is acceptance.

9.2Software, Hardware, Rental Plan and Payment Device rental fees stated in the Service Agreement are not increased during their Minimum Term or prepaid term. Outside a Minimum Term, Aimer may change them on at least 30 days’ notice.

9.3Aimer may change the AimerPay merchant service rates, the International Card Assessment Fee and the Commercial Card Assessment Fee in the Merchant Fee Schedule on at least 30 days’ notice. If a change (other than one required by law, the Scheme Rules or a regulator) materially increases the rates and the Customer does not agree, the Customer may terminate the affected AimerPay service before the change takes effect by written notice. This does not terminate any other subscription, prepaid term, Rental Plan or Operating Lease. Where the Customer terminates under this clause, any AimerPay Activation Discount on Software or a subscription continues for the rest of the current Minimum Term or prepaid term (clause 19.4).

9.4A change in a Pass-through Processing Cost flows through to the Customer automatically under clause 19.3 and is not a change to these Terms or to the AimerPay service fee.

10.Complaints and disputes

10.1Complaints should be raised with the Customer’s Aimer account manager or support. Before starting proceedings (other than for urgent relief), the parties will first negotiate in good faith between senior representatives for 30 days. Jurisdiction-specific complaint bodies are noted in the applicable Schedule. Complaints about the payment processing follow the Processing Partner Terms.

11.General

11.1Relationship. Except for the limited appointment expressly set out in clauses 2.4 and 17, the parties are independent contractors and nothing in the Agreement creates a partnership, joint venture or general agency relationship.

11.2Assignment. The Customer may not assign the Agreement without Aimer’s written consent, which will not be unreasonably withheld or delayed. Aimer may assign the Agreement to a group company or on a transfer of the relevant business if the recipient can perform its obligations and the transfer does not materially reduce the Customer’s rights. Aimer will notify the Customer of the transfer and any relevant change in contact or payment details.

11.3Electronic dealings and notices. The parties may execute the Agreement and give notices electronically. A notice must be sent to the recipient’s current contact details in the Service Agreement, its account or a later written notification; the Customer may also use Aimer’s published support contact. A notice takes effect on receipt, subject to applicable law. Each party must keep its contact details current. Nothing in this clause treats an undelivered email as received or replaces an express notice period in the Agreement.

11.4Third parties. Except for Aimer’s group companies and the Processing Partner (for the payment layer), no third party may enforce the Agreement. In New Zealand, subpart 1 of Part 2 of the Contract and Commercial Law Act 2017 is excluded except as stated.

11.5Other. Force majeure applies to events beyond a party’s reasonable control. If a provision is unenforceable, the rest continues. The Agreement is the entire agreement on its subject matter. Aimer may name the Customer as a customer unless the Customer opts out. English prevails over any translation.

11.6Waiver. A failure or delay in exercising a right is not a waiver of it, and a single or partial exercise does not prevent any further exercise.

12.Governing law

12.1The Software, Hardware, Payment Device and AimerPay arrangements between Aimer and the Customer are governed by the law, and subject to the courts, stated in the applicable Schedule. The payment processing layer is separately governed as set out in the Processing Partner Terms.

Part II — Aimer Software, Ordering and Hardware

13.Software subscriptions and licence

13.1Aimer grants the Customer a non-exclusive, non-transferable licence to use the Software for its own business during the subscription, subject to suspension or termination only as permitted by the Agreement. The subscription is open-term (month-to-month) unless the Service Agreement states a Minimum Term (clause 13.5) or a prepaid term (clause 13.6), and continues until terminated under clause 8. Aimer and its licensors retain all intellectual property in the Software; the Customer retains its data rights under clause 4.

13.2The Customer will use the Software and Hardware only for lawful business, and will not (and will not allow any user to):

  • resell, sub-licence or share access except as permitted, or copy, modify or reverse-engineer the Software (except as allowed by law);
  • circumvent security or usage limits, or introduce malicious code; or
  • use the services for any activity prohibited by law, the Scheme Rules, or the Processing Partner’s prohibited/restricted list.

13.3Aimer may maintain and improve the Software but will not materially reduce the core functionality of a paid service during its agreed term except as reasonably necessary for law, Scheme Rules, security or the withdrawal of a third-party dependency outside Aimer’s reasonable control. Aimer will give reasonable advance notice where practicable and use reasonable efforts to provide a materially equivalent alternative. Third-party services remain subject to their own terms and availability; this does not exclude responsibility for Aimer’s own integration work or other agreed obligations. Where a material part of the service cannot reasonably be restored or replaced, clause 8.5 applies.

13.4Support and availability. Aimer provides the support described in the Service Agreement and will exercise reasonable care and skill and use reasonable efforts to keep the Software available. The Customer may report issues through Aimer’s published support channels. Aimer will prioritise issues according to their severity and operational impact and provide reasonable progress updates. Aimer will give reasonable advance notice of planned maintenance likely to materially interrupt use, where practicable; urgent maintenance may be performed without advance notice. Uninterrupted or error-free service is not guaranteed. A specific availability percentage, response or recovery deadline, or service credit applies only if expressly agreed in writing. Clauses 7.1, 8.4 and 8.5 remain applicable.

13.5Minimum Term. Where the Service Agreement states a Minimum Term for a subscription, the subscription runs for that term from its Commencement Date and then continues month-to-month at the same monthly fee until terminated by either party on 30 days’ written notice, unless a renewal or a further Minimum Term is agreed. The Customer may not terminate the subscription for convenience during the Minimum Term except on payment of the early termination charge in clause 13.7. A renewal starts a new Minimum Term from the date stated in the renewal Service Agreement.

13.6Prepaid subscriptions. Where the Service Agreement states that a subscription is prepaid for a term, the prepaid amount is payable at the time stated in the Service Agreement (or, if no time is stated, on the Commencement Date) and is non-refundable, except that if Aimer terminates the subscription other than for the Customer’s breach, the unused portion is refunded pro rata. Refund rights under clauses 7.1 and 8.5 also apply. At the end of the prepaid term the subscription continues month-to-month at the Standard monthly fee for that Software unless a further prepaid term or Minimum Term is agreed. Advance payment does not itself bring forward the Commencement Date. Aimer will notify the Customer at least 30 days before a prepaid term ends.

13.7Early termination charge (software). If a subscription with a Minimum Term ends before the end of that term because the Customer terminates it for convenience or Aimer terminates it for the Customer’s breach, the monthly fees for the unexpired part of the Minimum Term become due as an early termination charge. Any discount or credit given on the basis of the Minimum Term is not clawed back separately. The calculation is subject to clause 8.6, and no early termination charge applies where clauses 7.1, 8.4, 8.5 or 9.1 entitle the Customer to end the affected service without that charge. Aimer may agree in writing to a reduced settlement or another exit arrangement.

13.8Commencement and billing. Subscription fees are billed from the Commencement Date. A requested installation date does not itself trigger billing. Where installation of the associated Hardware is delayed by the Customer for more than 30 days after delivery, the Commencement Date is the 30th day after delivery.

14.Online ordering and merchant responsibilities

14.1Where the Service Agreement includes online ordering (a branded website or mobile app), table ordering, kiosk ordering or payment links, Aimer hosts and operates the ordering channel on its platform. The Customer is the seller and merchant of record for every order and payment placed through the channel; Aimer is not a party to the sale between the Customer and its shopper.

14.2The Customer is responsible for its products and services, menus, prices, taxes, allergen and product information, regulated-product compliance, fulfilment and delivery, refund and cancellation policies, shopper support, and the disclosures, terms and privacy notices it must give its shoppers. Aimer may remove or require the removal of content that breaches the Agreement, the Scheme Rules or law.

14.3The Customer grants Aimer a licence to use its business name, logos, menus, images and content to build, publish and operate the channel, and warrants that it holds the necessary rights. The Customer owns its domain name. A branded mobile app is published under Aimer’s developer accounts with the relevant app stores; Aimer holds the app listing, will remove the app from the stores when the service ends, and will provide reasonable assistance if the Customer wishes to publish a replacement under its own account. Publication depends on approval by the relevant app store and, for a website, on the Customer’s domain registrar; Aimer will use reasonable efforts but does not warrant approval or its timing. The Customer must not use the name, logo or marks of a Processing Partner in the channel or elsewhere except as permitted by the Processing Partner Terms or with the required approval.

14.4Setup fees cover the standard template, configuration and onboarding. They are invoiced and payable at the times stated in the Service Agreement; unless otherwise stated there, they are invoiced on acceptance and payable before delivery or installation of the relevant product. Once work has started, fees for setup work properly performed are non-refundable, except as required by law or the Customer’s remedies for Aimer’s breach. Unperformed setup work is subject to the applicable cancellation and refund rights. Advance payment does not itself bring forward the Commencement Date.

14.5Delivery marketplaces, messaging (SMS) providers, wallet providers and other integrations are provided by third parties on their own terms and fees, which the Customer accepts by enabling them. Usage-based third-party charges are passed through at cost where the Service Agreement or Aimer’s published price list so states.

15.Hardware, Rental Plans and Operating Leases

15.1The Hardware is supplied on a purchase basis or under a Rental Plan, as specified in the Service Agreement.

15.2Purchase. Where the Service Agreement specifies a purchase, the Hardware is sold to the Customer as a one-off purchase. Title passes on payment in full and risk passes on delivery.

15.3In-house Rental Plan. Where the Service Agreement specifies an in-house Rental Plan:

  • Aimer retains title to all rented Hardware at all times. The Customer holds it as bailee and will not sell, encumber, sub-let or remove it from the service address without Aimer’s consent.
  • Aimer will maintain, repair or replace rented Hardware that fails under normal use during the Minimum Term at no charge, fair wear and tear included. The Customer is responsible for loss, theft, and damage caused by misuse, accident, liquids, power events or unauthorised modification, and will insure the Hardware for its replacement value or bear that risk itself.
  • Where the Service Agreement states that the Rental Plan includes Software, the Software is included in the monthly fee for the Minimum Term and is governed by this clause rather than clauses 13.5 to 13.7. Any Payment Device supplied with the in-house Rental Plan is rented under clause 18 at its stated monthly device rental for the same Minimum Term. That rental may be shown within the combined monthly Rental Plan fee; it is not a financed device purchase price.
  • A Rental Holiday stated in the Service Agreement postpones the start of the scheduled monthly Rental Plan payments; it does not waive them. The agreed number of payments, monthly amount and total rental payable remain unchanged. The Minimum Term is extended by the stated number of Rental Holiday months, and payments begin in the month stated in the Service Agreement. For example, 24 monthly payments with a three-month Rental Holiday are payable in months 4–27, over a total Minimum Term of 27 months. This treatment also applies to Payment Device rental included in the combined Rental Plan fee, but does not defer rental for independently added terminals unless expressly stated in the Service Agreement.
  • If the Rental Plan ends before the end of the Minimum Term because the Customer terminates it for convenience or Aimer terminates it for the Customer’s breach, the remaining unpaid scheduled rental payments become due, and the Customer must return the Hardware under the next paragraph. The amount is based on the agreed payment schedule, not the number of calendar months remaining in an extended Minimum Term: Rental Holiday months do not create additional payments, and amounts already paid are not charged again. The calculation is subject to clause 8.6; no early termination charge applies where clauses 7.1, 8.4, 8.5 or 9.1 provide otherwise. Aimer may agree in writing to a reduced settlement, a buy-out of the Hardware or another exit arrangement.
  • On termination or expiry the Customer will make the Hardware available for collection, or return it as Aimer reasonably directs, within 14 days. Aimer may charge the reasonable replacement cost of any item not returned in good order, fair wear and tear excepted.
  • After the Minimum Term the Rental Plan continues month-to-month at the same monthly fee until terminated by either party on 30 days’ written notice, unless a renewal is agreed.

15.4Operating Lease. Where the Service Agreement specifies an Operating Lease, the equipment (and, where the Service Agreement so states, the Software subscription and Payment Devices for the lease term) is supplied under a separate lease agreement between the Customer and the finance provider identified in the Service Agreement, for the term stated there, subject to the provider’s application, credit assessment and approval. The provider is the lessor and owns the leased equipment, and references in these Terms to Aimer as owner of rented equipment are read accordingly. Aimer may assist with the application but is not the lessor and does not itself provide credit. Aimer provides the Software licence and support under this Part for the lease term, after which the subscription continues month-to-month at the Standard monthly fee stated in the Service Agreement unless otherwise agreed. Deferred payments stated in the Service Agreement postpone the first rental payment and extend the total lease duration by the stated number of deferred months, without changing the agreed number of rental payments, monthly rental or total rental payable. The payment count, first payment date and extended duration are subject to the finance provider’s approval and separate agreement; any different payment schedule proposed by the provider must be disclosed to and accepted by the Customer before the lease is entered into. A stated total terminal rental component is rental for the agreed period, not a purchase price transferring ownership of the terminal to the Customer. If the application is not approved, the Customer may proceed under a purchase or an in-house Rental Plan.

15.5Delivery and installation. Aimer delivers and installs the Hardware (or provides remote-assisted setup) as stated in the Service Agreement; delivery dates are estimates. Where the Service Agreement states that installation is not included, the Customer installs the Hardware itself with Aimer’s remote guidance, and Aimer is not responsible for the installation. The Customer will provide a suitable site, power, network connectivity and access at the agreed time; Aimer may charge its standard rate for a wasted visit or a re-attendance caused by the Customer.

15.6Warranty. Aimer warrants purchased Hardware against defects in materials and workmanship on a back-to-base basis for a period of two (2) years from delivery (or any longer period stated in the Service Agreement), excluding damage from misuse, accident, unauthorised modification, consumables or fair wear and tear. This does not exclude any non-excludable consumer right (see the applicable Schedule).

15.7PPSR. The Customer acknowledges that a Rental Plan, and Aimer’s title to rented Hardware and Payment Devices, may create a security interest under the Personal Property Securities Act 1999 (New Zealand) or the Personal Property Securities Act 2009 (Cth). The Customer consents to Aimer registering a financing statement, will not register a financing change statement or change demand without Aimer’s consent, and, to the extent permitted, waives its right to receive notices and verification statements under those Acts.

Part III — AimerPay

16.Payment services and Processing Partners

16.1Where the Customer uses AimerPay, Aimer provides the platform through which it facilitates access to payment processing, and the Processing Partner provides the regulated payment processing. The roles are:

  • Platform — Aimer
  • Merchant (sub-merchant) — the Customer
  • Processor — the Processing Partner (currently Adyen)
  • Shopper — the Customer’s paying customer

16.2As the platform, Aimer facilitates onboarding, collects and submits the Customer’s KYC and account information and may conduct its own screening, manages the Customer’s account and settings, provides first- and second-line support, and manages risk and fraud controls. The Processing Partner performs the verification and approval required for regulated payment processing and provides the underlying regulated processing.

16.3The Processing Partner Terms are the Processing Partner’s standard terms; they are governed and interpreted as stated in those terms, cap the Processing Partner’s liability to the Customer, and may be amended by it. Aimer does not negotiate them and passes on updates.

16.4The Customer will not use AimerPay for any unlawful business or any business on the Processing Partner’s prohibited/restricted list, and will not itself act as a payment facilitator. It will comply with applicable anti-money laundering, counter-terrorism-financing and sanctions laws (see the applicable Schedule) and provide the information required for monitoring.

16.5Bank-acquired terminals. Where the Service Agreement supplies an EFTPOS terminal (integrated with Aimer POS or standalone) that is processed under the Customer’s own merchant facility with a bank or other acquirer rather than through AimerPay, Part III applies to that terminal only as stated in clause 18 (the device) and the applicable Schedule. The acquirer’s merchant agreement governs the processing, settlement and merchant service fees for that terminal, and the Merchant Fee Schedule does not apply to it.

16.6Processing Partner documents. AimerPay processing is currently provided with Adyen as the Processing Partner; Adyen N.V. and its local entity identified in the applicable Schedule are the financial services provider for the regulated payment processing. Public information about the Processing Partner’s legal documents is available at Adyen Legal. The Customer should review the Processing Partner’s Privacy Statement and its Prohibited and Restricted Products and Services List, each as updated from time to time. The Processing Partner Terms that apply to a particular Customer are generated or identified for that Customer during onboarding, may differ by jurisdiction, services and capabilities, and are made available under clause 17.3. Australian Customers should also read the Processing Partner’s Combined Financial Services Guide and Product Disclosure Statement (see Schedule 2).

17.Onboarding, KYC, PCI and regulated products

17.1Appointment and authority. The Customer appoints and authorises Aimer to act as its representative in connection with the onboarding, maintenance and administration of AimerPay, including to:

  • communicate with the Processing Partner on the Customer’s behalf and receive notices from it and pass them on to the Customer;
  • submit the Customer’s registration, KYC/AML and account information;
  • administer the Customer’s account settings, risk settings and settlement instructions; and
  • take any other action that the Processing Partner permits a platform to take on behalf of its users.

17.2Authority to accept documents. The Customer authorises Aimer, to the extent permitted by the Processing Partner and applicable law, to accept the applicable Processing Partner Terms and to complete, submit and make the required acknowledgements or certifications in the applicable PCI Documentation on the Customer’s behalf. Aimer may rely on information provided or confirmed by the Customer and on matters within Aimer’s knowledge of the services it supplies. Acceptance or certification within that authority binds the Customer as if made by its authorised signatory. If the Processing Partner requires the Customer or a particular signatory to act personally, that requirement prevails. The authority does not permit Aimer to give an inaccurate certification or bypass a required acceptance step. The Customer must provide accurate information and promptly notify relevant changes; clause 17.5 continues to apply.

17.3Document records and access. The applicable accepted payment-services agreements, PCI Documentation and associated acceptance records are stored in the AimerPay merchant portal and are available to the Customer through its merchant login. Aimer will maintain, or have access to, the relevant document, version or identifier, the person for whom it was accepted or submitted, and the recorded method and time, subject to applicable retention requirements. The Customer may contact Aimer for a copy or help accessing those records, including after portal access ends. If the Processing Partner requires written confirmation of the Customer’s acceptance, authority or certification, the Customer will provide it, signed by an authorised representative, within 10 Business Days of Aimer’s request. The Customer may revoke or vary the authority in writing for future actions, but this does not undo earlier valid acceptances and may prevent continued provision of the affected AimerPay service.

17.4Registration information and changes. The Customer will provide true, accurate and complete registration and KYC information and keep it current. The Customer will notify Aimer of any change to that information (including its directors, authorised signatories, shareholders, beneficial owners, bank account and contact details) where reasonably practicable at least 5 Business Days before the change, and otherwise promptly after becoming aware of it. The Customer must obtain Aimer’s prior approval before making a material change to the nature or category of the business, products or services for which it accepts payment through AimerPay; ordinary changes to menus, items and prices do not require approval, and regulated and restricted categories are dealt with in clauses 17.6 and 17.7. Approval of the Customer and of each payment method is at the Processing Partner’s discretion, and no Settlement is made until the required information has been verified.

17.5PCI DSS. The Customer remains responsible for the PCI DSS obligations applicable to its payment channels, devices and payment environment. It must use approved Payment Devices, protect its payment environment, comply with Scheme Rules and not copy, capture, intercept or store card numbers, CVV/CVC or PIN data. Aimer may assist with and complete or certify the applicable PCI Documentation within the authority and limits in clause 17.2. The Customer must provide or confirm information Aimer cannot reasonably determine, promptly report relevant changes and notify Aimer before connecting a payment device, network or channel that Aimer has not supplied or approved. Required renewals or updated assessments must be completed at the Processing Partner’s required intervals and following relevant changes. Copies and acceptance records are available under clause 17.3; assistance or authorisation does not transfer the Customer’s PCI responsibilities to Aimer.

17.6Regulated and age-restricted products. The Customer must disclose to Aimer, during onboarding and on an ongoing basis, whether it sells alcohol, tobacco, pharmacy or prescription products, or any other licensed, age-restricted, regulated or restricted products or services, and must obtain Aimer’s approval before offering any new such category. Where such products or services are sold, the Customer must: (a) hold, maintain and on request provide evidence of all required licences and authorisations, and notify Aimer immediately if any licence is suspended, cancelled, expires or is not renewed; (b) participate in Aimer’s and the Processing Partner’s screening and verification processes, including pre-activation and periodic reviews; and (c) apply age verification at the point of sale and, where applicable, on delivery, as required by law. The Customer warrants that its disclosures are true, complete and kept up to date, and remains solely responsible for the lawfulness of its sales and for any loss, penalty or claim arising from selling regulated products or services unlawfully or without the required licences.

17.7Restricted categories and monitoring. Tobacco sales are supported only for licensed retailers permitted to sell tobacco in their jurisdiction, are limited to traditional cigarette and tobacco products, and — together with pharmacy and prescription products — may be sold in person through the POS only, in the Customer’s domestic market, and not through online ordering channels. Vaping and e-cigarette products are not supported and must not be sold using AimerPay. Any other product or service on Aimer’s or the Processing Partner’s prohibited or restricted lists must not be sold using AimerPay unless expressly approved. Aimer may review the Customer’s products, menus and content for compliance, require or effect the removal of prohibited or non-compliant items, and share relevant information with the Processing Partner for screening, monitoring and reporting purposes. Aimer may withhold, suspend, restrict or terminate payment services where the required verification is incomplete or this clause is not complied with.

18.Payment Devices and Tap to Pay

18.1Payment Devices and bank-acquired EFTPOS terminals supplied by Aimer are rented, not sold, unless the Service Agreement states otherwise. Each terminal’s rental fee and term are stated in the Service Agreement. (a) Independently added terminals. An independently added terminal has a Minimum Term of 24 months in New Zealand or 12 months in Australia, unless a different term is expressly stated there; this applies to both integrated and standalone terminals, including bank-acquired terminals. (b) Bundled terminals. A terminal expressly included in a Rental Plan or Software subscription bundle follows that bundle’s term. If the subscription is month-to-month, its bundled terminal is also month-to-month. An additional terminal retains its own term even where supplied in the same Service Agreement as a bundle. (c) Billing and ownership. Rental starts on activation, subject to any Deferred payment or Rental Holiday arrangement expressly applicable to that terminal. After a fixed Minimum Term, rental continues month-to-month until terminated on 30 days’ written notice. Terminal rental may be billed separately from Software; a prepaid Software subscription does not prepay terminal rental unless expressly stated. A terminal included in an in-house Rental Plan is rented under this clause at its stated monthly rental, whether billed separately or included in the combined Rental Plan fee; any Rental Holiday and resulting extension under clause 15.3 also apply to terminal rental included in that fee. A terminal included in an Operating Lease is governed by clause 15.4 and the finance provider’s agreement. Aimer (or, under an Operating Lease, the finance provider) retains title to rented devices, and clause 15.7 applies. (d) Rental waiver. A Terminal Rental Waiver is available only for an eligible additional terminal expressly selected under clause 19.4(b).

18.2The Customer will use rented devices only with AimerPay (or, for a bank-acquired terminal, only with the merchant facility it was integrated for), keep them secure, not open, modify or attach anything to them, allow remote configuration and software updates, and return them within 14 days after the service or the device rental ends. Aimer may charge the reasonable replacement cost of a device that is lost, stolen, damaged beyond fair wear and tear or not returned, and may replace or update a device where the Processing Partner or the Scheme Rules require.

18.3Tap to Pay. Tap to Pay on a smartphone, tablet or kiosk allows contactless acceptance on a supported device where Aimer makes it available. It is available only on device types, operating-system versions and regions supported by the Processing Partner and the device platform (Apple or Google), is subject to that platform’s terms, which the Customer accepts on enrolment, and is licensed per device where the Service Agreement so states. The Customer is responsible for the security, updating and lawful use of its own devices. Payment-method availability may vary by device, channel and country.

18.4Early termination of an independently added terminal rental. If the Customer elects to end an independently added terminal rental before its Minimum Term ends, the remaining unpaid rental payments stated for that terminal in the Service Agreement become due, unless Aimer agrees in writing to reduce or waive that amount. The settlement is based on the remaining agreed rental payment schedule; amounts already paid are not charged again. A Terminal Rental Waiver already earned under clause 19.4(b) is not reversed or recovered. A potential waiver for a future month does not reduce the settlement, because that month has not qualified. The Customer must return the device under clause 18.2. The calculation is subject to clause 8.6. No early termination charge applies where clauses 7.1, 8.4, 8.5 or 9.1 entitle the Customer to terminate without that charge. Bundled terminal rentals remain subject to their applicable bundle or finance terms; the same rental is not charged twice.

19.Merchant fees and pricing

19.1The AimerPay merchant service rates are set out in the Merchant Fee Schedule. A Merchant Service Fee consists of a rate, expressed as a percentage of the transaction value, for the card type and channel; for an online payment, the Online Transaction Fee; and, where the Merchant Fee Schedule so states, the International Card Assessment Fee (clause 19.5) and the Commercial Card Assessment Fee (clause 19.6). Refund and chargeback fees are stated in the applicable Schedule and may also be summarised in the Merchant Fee Schedule. Scheme fines, assessments and other third-party amounts are passed on under clause 21. AimerPay merchant service fees are inclusive of GST unless otherwise stated; device rental and other monthly fees are exclusive of GST. Payment methods not listed in the Merchant Fee Schedule may be enabled on request at the rates Aimer then quotes.

19.2Cost +. Where a rate in the Merchant Fee Schedule is expressed as “Cost + x%”, the Customer pays the Pass-through Processing Cost of the transaction plus an AimerPay service fee of x% of the transaction value (inclusive of GST). For a New Zealand transaction priced on a Cost + basis, including Cost + 0.65%, any additional processing cost attributable to the card being commercial is included in the Pass-through Processing Cost. No separate Commercial Card Assessment Fee is added (clause 19.6(c)).

19.3Pass-through Processing Costs vary by payment method, card type, card origin, channel and transaction type, and may change from time to time without notice. Changes flow through to the Customer automatically and do not constitute a change to the AimerPay service fee. Aimer will provide the current components on request.

19.4AimerPay Activation Discount and Terminal Rental Waiver. (a) Activation Discount. Where the Service Agreement states that a price includes an AimerPay Activation Discount, the discount is given because AimerPay is activated for the product or Section concerned and is not conditional on any processing volume. AimerPay is active for a product while it is selected for that product in the Service Agreement and the Customer’s AimerPay account is open and enabled for the payment channel that product uses. A product or Section for which AimerPay is not selected receives no AimerPay Activation Discount and is priced at its List Price, less any other discount expressly stated in the Service Agreement. A discount on purchased Hardware is a one-off discount and is never adjusted. A discount on Software or a subscription applies while AimerPay remains active for that product or Section; if AimerPay ceases to be active for it (other than through a termination by the Customer under clause 9.3), the AimerPay Activation Discount ceases from the next billing period and the Standard monthly fee applies, less any other discount that remains applicable under the Service Agreement. Amounts already discounted are not clawed back. (b) Terminal Rental Waiver. A waiver applies only to an additional AimerPay terminal expressly identified and selected for it in the Service Agreement. It does not apply to a terminal included in a Rental Plan, Operating Lease or Software subscription bundle, or to a Verifone or other bank-acquired terminal. No more than two terminals at the same store may have a waiver at any time, including terminals supplied under other Service Agreements. Each selected terminal must independently meet the monthly AimerPay Processing Value stated for it. For each qualifying calendar month its stated monthly rental is waived; otherwise that rental remains payable. Transaction values cannot be pooled or transferred between terminals; any total commitment shown is only the sum of the individual thresholds. Mobile data fees and other charges are not waived, and a waiver does not shorten the rental term. The calendar month in which the eligible terminal is activated, and any month in which AimerPay was unavailable for more than five consecutive days for reasons attributable to Aimer or the Processing Partner, are treated as qualifying months. Aimer applies the waiver from the Processing Partner’s device-level transaction data without any claim by the Customer, and may change the monthly threshold only consistently with clause 9.2. Nothing in this clause requires the Customer to use AimerPay exclusively.

19.5International Card Assessment Fee. Cards issued outside the country stated in the Service Agreement carry higher interchange and card-scheme fees than domestically issued cards, including scheme assessment, cross-border and international service fees, and the card schemes change those fees from time to time. An International Card Assessment Fee therefore applies to each payment made with an internationally issued card, in addition to the Merchant Service Fee rate for the card type and channel. The Merchant Fee Schedule states a single additional rate or a range for each channel under the Customer’s selected pricing plan. Where a range is stated, the additional rate for a payment is the difference between the international card rate and the domestic rate for the corresponding card scheme and card type under that plan; the applicable card scheme, card type and issuing country are determined from the Processing Partner’s card data. The range covers the accepted card schemes and types shown in the Merchant Fee Schedule; it does not authorise Aimer to select an arbitrary rate within that range. Aimer will provide the applicable rate table on request. Changes to these rates, whether within or outside a stated range, are made under clause 9.3. Whether a card is internationally issued is determined from the card scheme’s issuer data at the time of the transaction. The legacy-pricing exception in clause 19.6(d) applies where relevant.

19.6Commercial Card Assessment Fee. This clause applies to cards identified as commercial cards (including business, corporate, purchasing and fleet cards) by the Processing Partner’s card-product data at the time of the transaction. The applicable country is the country stated in the Service Agreement; a card is domestic if issued in that country and international if issued outside it, as determined from the Processing Partner’s card data.(a) Australia. The Commercial Card Assessment Fee is 0.50% of the transaction value for both domestic and internationally issued commercial cards, subject to paragraph (d).(b) New Zealand — Blended pricing. Where the transaction is priced at a Blended rate, the Commercial Card Assessment Fee is 1.00% of the transaction value for a domestically issued commercial card and 0.50% for an internationally issued commercial card. “Blended” means a stated percentage rate for the card type and channel, rather than Cost +. The legacy-pricing exception in paragraph (d) is unaffected. A 0.50%–1.00% range in the Merchant Fee Schedule summarises these two rates; it does not permit Aimer to select an arbitrary rate within that range. In that summary, “depending on the card type” refers to whether the commercial card is domestically or internationally issued. Any general reference to “all commercial cards” is subject to the Cost + exception in paragraph (c) and the legacy-pricing exception in paragraph (d). Such summary wording is not an express agreement under clause 2.1 to override those exceptions; no separate Commercial Card Assessment Fee is added to a New Zealand Cost + transaction, including Domestic Visa & Mastercard debit priced at Cost + 0.65%.(c) New Zealand — Cost + pricing. No separate Commercial Card Assessment Fee applies to a transaction priced on a Cost + basis, including Cost + 0.65%. Any additional processing cost attributable to the card being commercial is included in the Pass-through Processing Cost. The AimerPay service fee remains the rate stated in the Merchant Fee Schedule. This exception applies to the relevant transaction, including where other transactions under the same Merchant Fee Schedule use Blended pricing.(d) Legacy Interchange Plus agreements. Interchange Plus is not offered for new agreements. Where an existing Merchant Fee Schedule expressly states “Interchange Plus” or “Interchange + x%”, all Pass-through Processing Costs for every card type are passed through at cost, plus the agreed AimerPay service fee of x% of the transaction value. No separate International Card Assessment Fee or Commercial Card Assessment Fee is added. Those agreed pricing arrangements continue unless varied in accordance with the Agreement.The assessment rates above are inclusive of GST and apply in person and online. Where a Commercial Card Assessment Fee applies, it is added to the Merchant Service Fee rate for the card type and channel and to any applicable International Card Assessment Fee. Aimer may change these fees under clause 9.3.

20.Settlement

20.1The Processing Partner holds and settles processed funds to the Customer’s nominated bank account under the Processing Partner Terms, net of applicable fees, deductions and reserves. The standard settlement schedule is T+1 — the business day after processing — where available, subject to cut-off times, banking days, verification, risk controls and payment-method availability. Within its authority under the Processing Partner arrangement, Aimer may submit settlement instructions and request deduction of amounts properly due under the Agreement. The Processing Partner executes payment-processing settlements and reserve movements. Aimer does not hold Customer or Shopper settlement funds as a deposit or act as the acquirer. Receipt of Aimer’s own service fees does not make those fees Customer settlement funds held by Aimer.

21.Refunds, chargebacks, reserves and negative balances

21.1The Customer is responsible for the amount of each refund or chargeback relating to its transactions, together with the applicable Refund Fee and Chargeback Fee stated in the applicable Schedule. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Fees and costs charged for the original transaction are not refunded merely because the transaction is later refunded, reversed or charged back.

21.2The Customer is responsible for scheme fees, fines, assessments, currency-conversion differences and other third-party amounts actually charged to or withheld from Aimer to the extent attributable to the Customer’s transactions, acts or omissions. Aimer may pass them on at the amount incurred, with reasonable supporting details on request, but not to the extent caused or increased by Aimer’s negligence, wilful misconduct or breach. There is no double recovery, including where an amount has already been included in a Pass-through Processing Cost.

21.3Aimer or the Processing Partner is not required to process a refund unless sufficient funds are available from Settlement, a reserve or funds provided by the Customer. To recover an amount properly due under this clause, Aimer may, within its authority under the Processing Partner arrangement, request a deduction from Settlement or application of a reserve by the Processing Partner, or invoice the Customer or set off an amount Aimer itself owes the Customer where law permits. The Customer must promptly clear a properly due negative balance. Aimer will provide a statement of the amount and its basis on request; a query does not suspend a mandatory Processing Partner or Scheme Rules deadline.

21.4The Processing Partner may establish, adjust, hold and apply a reserve under its terms and risk requirements. Aimer may request or administer reserve settings only within the authority given to it by the Processing Partner. A reserve must relate to actual or reasonably anticipated payment liabilities and is held and moved by the Processing Partner, not as a deposit with Aimer. Where legally and operationally permitted, Aimer will inform the Customer of the reason, basis and review or release conditions available from the Processing Partner. Aimer will reasonably assist with review and release of amounts no longer required, subject to outstanding liabilities, Scheme Rules and Processing Partner requirements.

21.5Aimer and the Processing Partner may apply or change fraud and risk controls. The Customer is responsible for any risk settings it configures. These controls do not guarantee that fraud, disputes, chargebacks or fines will be prevented. Aimer or the Processing Partner may decline, reverse or cancel a transaction suspected of fraud, crime or other prohibited activity. The Customer remains responsible for its transactions, subject to those controls.

21.6The Customer indemnifies Aimer for reasonable payment-related losses and third-party claims to the extent caused by the Customer’s transactions for which it is responsible under the Agreement, its breach of the Agreement or Scheme Rules, or inaccurate or misleading information it supplies or confirms, including information Aimer submits within the authority in clause 17. The indemnity excludes losses to the extent caused or increased by Aimer’s negligence, wilful misconduct or breach, including its unauthorised actions or errors in submitting information. Clauses 7.1, 7.5 and 7.6 apply. An amount already recovered through a chargeback, Settlement deduction, reserve, invoice or another indemnity cannot be recovered again.

22.Payment methods, Scheme Rules and surcharging

22.1WeChat Pay, Alipay and other wallet or alternative payment methods listed in the Merchant Fee Schedule are accepted through AimerPay and processed by the Processing Partner at the rates in the Merchant Fee Schedule, subject to the rules and availability of the relevant provider, which may differ by jurisdiction. Other methods may be enabled on request and may be provided by third parties on their own terms and pricing; Aimer will identify the applicable provider on request and is not responsible for a third-party provider’s services or terms.

22.2The Customer will comply with the Scheme Rules applicable to each payment method it accepts, including rules on acceptance, display of marks, receipts, refunds and disputes.

22.3Surcharging. The Customer decides whether and how much to surcharge and is solely responsible for complying with law, the Scheme Rules and the applicable Schedule (including any cost-of-acceptance limit) and for disclosing any surcharge to its shoppers before payment. Where the Customer asks Aimer to configure a surcharge, Aimer applies the settings the Customer selects. Aimer may reduce, disable or decline a surcharge setting that it reasonably considers non-compliant, and will disable settings that become prohibited by law or the Scheme Rules without further notice.

Schedule 1 — New Zealand

Applies where the Service Agreement states New Zealand; prevails over Parts I to III to the extent of any inconsistency.

Contracting entity. Advanced Intelligence Software Limited (trading as Aimer HQ), registered office Level 5, 19 Como Street, Takapuna, Auckland 0622.

Processing Partner (current). Adyen New Zealand Limited (NZBN 9429042218128).

Bank-acquired integrated EFTPOS. Where the Service Agreement supplies a Verifone or other EFTPOS terminal (integrated or standalone) processed under the Customer’s own merchant facility, the Customer’s bank or acquirer provides the processing, settlement and merchant service fees under its own merchant agreement (clause 16.5). Aimer supplies, integrates and rents the terminal under clause 18.

Rental Plans. Rental Plans are available either (a) as an in-house Rental Plan from Aimer with 12 or 24 scheduled monthly payments under clause 15.3, or (b) as an Operating Lease with 36 or 48 scheduled monthly payments provided by an Aimer-nominated finance provider (currently Finance Now Limited; any other provider is identified in the Service Agreement) under clause 15.4, subject to application, credit assessment and approval and to the provider’s separate agreement and terms. The Service Agreement states which applies and the total Minimum Term, including any extension for a Rental Holiday or Deferred payments under clause 15. Independently added terminal rentals have a default 24-month Minimum Term under clause 18.1.

Currency & tax. Prices are in New Zealand dollars and exclusive of GST, except AimerPay merchant service fees, which are inclusive of GST.

Refund and chargeback fees. Currently, the Refund Fee is NZD 0.10 for each refund, and the Chargeback Fee is NZD 25.00 for each chargeback. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Any applicable scheme or other third-party fee is passed on under clause 21. These fees are inclusive of GST.

Consumer law. Where the Customer acquires the goods or services in trade, the parties agree that, to the extent permitted, the Consumer Guarantees Act 1993 does not apply (section 43), and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply (section 5D). The parties agree that this is fair and reasonable. Non-excludable guarantees for consumers continue to apply.

Surcharging. The Customer must not impose a surcharge prohibited by New Zealand law or the applicable Scheme Rules. Where a surcharge is permitted, it must comply with any applicable cost-of-acceptance limit and be clearly disclosed before payment. Aimer may disable prohibited surcharge settings without further notice under clause 22.3. A surcharge setting in the Service Agreement or POS system does not authorise a surcharge that is prohibited by law or the Scheme Rules.

Privacy. The Privacy Act 2020 applies; overseas disclosure is under information privacy principle 12.

AML/CFT. The Customer will comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 to the extent applicable to it.

Sanctions. The Customer will comply with applicable New Zealand sanctions laws, including the Russia Sanctions Act 2022 and the United Nations Act 1946, to the extent applicable to it.

Complaints. Unresolved disputes may go to the Disputes Tribunal or the New Zealand courts.

Governing law. New Zealand law; non-exclusive jurisdiction of the New Zealand courts.

Schedule 2 — Australia

Applies where the Service Agreement states Australia; prevails over Parts I to III to the extent of any inconsistency.

Contracting entity. Aimer Point of Sale Pty Ltd (ACN 671 101 410 / ABN 29 671 101 410, trading as Aimer HQ), registered office Unit PD11, 5–7 Irving Avenue, Box Hill VIC 3128.

Processing Partner (current). Adyen Australia Pty Limited (ABN 55 162 682 411), Surry Hills NSW. The Customer should read the Processing Partner’s Combined Financial Services Guide and Product Disclosure Statement before using AimerPay.

Bank-acquired EFTPOS. Where the Service Agreement supplies a Verifone or other EFTPOS terminal (integrated or standalone) processed under the Customer’s own merchant facility, the Customer’s bank or acquirer provides the processing, settlement and merchant service fees under its own merchant agreement (clause 16.5). Aimer supplies, integrates and rents the terminal under clause 18.

Rental Plans. Rental Plans in Australia are provided as an in-house Rental Plan from Aimer with 12 or 24 scheduled monthly payments under clause 15.3. The Service Agreement states the total Minimum Term, including any Rental Holiday extension under clause 15.3. Operating Leases are not offered. Independently added terminal rentals have a default 12-month Minimum Term under clause 18.1.

Currency & tax. Prices are in Australian dollars and exclusive of GST, except AimerPay merchant service fees, which are inclusive of GST.

Refund and chargeback fees. Currently, the Refund Fee is AUD 0.10 for each refund, and the Chargeback Fee is AUD 25.00 for each chargeback. The Chargeback Fee is non-refundable, including where the chargeback is later reversed. Any applicable scheme or other third-party fee is passed on under clause 21. These fees are inclusive of GST.

Consumer law. Nothing excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded. Where permitted, Aimer’s liability for breach of a non-excludable guarantee is limited, at Aimer’s option, to repair, replacement or resupply, or the cost of the same.

Surcharging. From 1 October 2026, eftpos, Mastercard and Visa prohibit surcharging under their Scheme Rules following the Reserve Bank of Australia’s reforms. American Express and UnionPay prohibit surcharging under their own rules. The Customer must comply with the applicable no-surcharge rules for payments in person and online, subject to any exception under applicable law or the relevant Scheme Rules. Aimer will not configure, and may disable, surcharge functionality for those payment methods. Surcharging of other payment methods (for example WeChat Pay and Alipay, where the provider permits it) remains subject to applicable law, the relevant provider’s rules and any cost-of-acceptance limit.

Privacy. The Privacy Act 1988 (Cth) and the Australian Privacy Principles apply; overseas disclosure is under APP 8.

AML/CTF. The Customer will comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and AUSTRAC requirements to the extent applicable to it.

Sanctions. The Customer will comply with the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth) to the extent applicable to it.

Complaints. An unresolved complaint about a financial or payment service may be referred to the relevant external dispute resolution scheme (for example AFCA) where applicable, or to the courts.

Governing law. The laws of Victoria, Australia; non-exclusive jurisdiction of the courts of Victoria and courts hearing appeals from them.

End of Terms

051026 R4 · Last updated 5 October 2026

Selected previous versions: Version 1907b (19 July 2026). Other previous versions are available on request.