These Terms of Service (the “Agreement”) govern access to www.ovalpos.com (the “Site”) and the OvalPOS cloud point of sale software and related services (the “Service”), owned and operated by Western Media, of SAK/MKT/A/23A, 2nd floor, PS Global Building, Sakumono, Tema — Ghana (the “Company”). By using the Site or Service, accepting during registration, or paying an invoice, you (the “Customer” or “User”) agree to this Agreement, the Privacy Policy, and the Software License.
This is a business-to-business agreement. Consumer protection laws that apply only to personal, non-commercial purchases do not apply. If you have a signed OvalPOS contract with Western Media, that signed contract prevails over these website Terms to the extent of any conflict. Otherwise these Terms, together with your quotation or invoice, form the contract.
1. The Service
OvalPOS is a cloud-based point of sale system for businesses to process sales, manage inventory, customers, staff, and reports across one or more outlets. A free demonstration may be offered on request. It is your responsibility to confirm that OvalPOS meets your requirements before you subscribe. Informal advice that is not confirmed by us in writing is followed at your own risk.
2. Eligibility
- You must be at least 18 years of age and authorised to bind the business named on the account.
- You must provide truthful information and update us within a reasonable time if it changes.
- You may not use false identities, impersonate others, or use credentials you are not authorised to use.
3. Quotes, orders, and acceptance
Written quotations are guidelines, valid for 30 days unless a shorter offer period is stated, and do not themselves create a contract. Placing an order or completing registration is an offer to subscribe; we may accept or decline. These Terms prevail over any inconsistent terms in a purchase order or similar document. Clerical errors on the Site, quotations, or invoices may be corrected without liability.
4. General restrictions on use
The Company grants you a limited right to access and use the Site. You may not download (other than page caching) or modify the Site except with our written consent. This does not include resale of the Site, scraping product listings or prices, derivative use, copying account information for another merchant, or data mining.
You agree not to interfere with the Site, impose an unreasonable load on our infrastructure, or use robots or similar tools to copy content without consent (except search engines directing users to the Site). You may not frame our trademarks or use hidden text with our name without written consent. Unauthorised use terminates this permission.
5. User account
You are responsible for keeping usernames and passwords confidential and for all activity under your account. Notify us immediately of unauthorised use. Do not use “remember me” on shared or public computers. Enable two-factor authentication where available. We may suspend or terminate accounts that violate this Agreement. We may record support calls for training and quality.
6. License
Each paid subscription corresponds to a license to use OvalPOS for the outlets covered by that plan. Additional outlets require additional licenses or a multi-outlet plan before go-live. See the OvalPOS License for scope, restrictions, and API use. In a conflict on licensing scope, the License controls; in any other conflict, this Agreement controls.
7. Pricing, setup, and billing
Cloud OvalPOS is typically billed as (i) a one-time setup and installation fee quoted after registration or in a written quotation, and (ii) an annual subscription per outlet (or as otherwise stated on your invoice), payable in Ghana Cedis at the then-current equivalent of the published or quoted dollar rate, unless we invoice in another currency. The first subscription year may be bundled into the setup fee when your invoice says so. Prices on the Site and in proposals may change. Hosted subscription prices may increase with at least 30 days’ notice by email (Support Plan fee changes, where applicable, with at least 90 days’ notice).
Prices are exclusive of VAT or other applicable sales tax, which will be added where payable. Invoices are due on receipt unless a due date is stated. We may require cleared payment before setup, hosting, or dispatch of any goods. Unpaid invoices, or failed recurring charges that remain unpaid after 30 days, may result in suspension of hosting, backups, updates, and access across all of your outlets until arrears are cleared. Reasonably foreseeable travel and living expenses for on-site work will be quoted and agreed in advance and invoiced separately.
Setup does not include POS hardware, computers, printers, scanners, stock taking, or inventory counting unless agreed in writing. You must provide devices and a prepared item list (name, category, cost and selling price, quantities) for installation to proceed. Alternative billing (for example a monthly plan) applies only if we agree it in writing on an order or signed contract.
8. Term, renewal, and termination
The annual subscription runs for a minimum of 12 months from activation (or from the date stated on your invoice) and automatically renews for further 12-month periods at then-current rates unless either party gives written notice at least 30 days before the next renewal. After automatic renewal of an optional Support Plan, you have 30 days to cancel that Support Plan without penalty.
If you are dissatisfied, your remedy is to stop using the Service and cancel by emailing support@ovalpos.com, subject to the minimum term and any amounts already due. We may suspend or terminate access if we believe you have violated this Agreement, infringed our or a third party’s rights, or that your conduct may harm other customers or the Service. On termination, charges already payable become immediately due and subscription fees already paid are not refundable. Your data will remain available to download for 30 days after termination; after that it may be deleted and may not be recoverable.
9. Customer responsibilities and internet
OvalPOS needs a reliable internet connection. Recommended minimum speeds are 5 Mbps download and 2 Mbps upload for up to four till devices; larger sites need more. Guest Wi-Fi, music, or video streaming on the same network can degrade the Service. LAN cabling, routers, firewalls, and Wi-Fi coverage are your responsibility. Wi-Fi dropouts, roaming, and device sleep modes are not unique to OvalPOS. We are not responsible for slow performance caused by your network.
You must keep firewalls and virus protection up to date, use the Software only with trained staff, and maintain devices you supply (or third-party hardware) in a secure environment. We are not responsible for unauthorised access caused by hacking, weak passwords, or third-party modification of your hardware. Hardware manufactured or sold by us, if any, is covered only by the warranty on that invoice — not by these cloud Terms.
10. Support
Standard support covers installation, configuration, remote assistance, and general questions about supported hardware and software during Working Hours: Monday to Friday, 8:00 to 18:00 GMT, excluding Ghana public holidays. We do not provide custom development unless separately agreed, though we may offer general guidance on configuration. Complimentary implementation training, when offered, is typically up to four hours in a day plus email support; extra training or on-site work is chargeable at then-current professional-services rates. Optional Support Plans (Standard or Premium), if purchased, are described on your invoice and may include extended hours or priority handling.
We do not tolerate abusive, offensive, or intimidating behaviour toward staff. We may stop corresponding on a matter and treat that conduct as non-cooperation.
11. Refunds
Software subscription and licence fees are non-refundable. Amounts paid for setup, configuration, training, data import, postage, module integrations, on-site work, and third-party customisations are non-refundable once performed or dispatched. We will not accept returns because staff need more training, a feature works differently from another product, the business closes, or problems arise from your internet or environment. Complaints must follow section 19 before any refund is considered. Statutory rights that cannot be excluded remain unaffected.
12. Intellectual property and customer data
Site and software content (text, graphics, logos, software, and related materials) is owned by the Company or its licensors. No licence is granted except as expressly stated. You own your transactional, sales, product, and stock data. You grant Western Media a non-exclusive, royalty-free, perpetual licence to use that operational data in anonymised or aggregated form (no personally identifiable information) to improve and develop services. Report suspected infringement to support@ovalpos.com.
13. Confidentiality
Each party must keep the other’s non-public business and technical information confidential and use it only to perform this Agreement, except information that is public, independently developed, received from a third party without duty of confidence, or required to be disclosed by law (with as much prior notice as legally allowed). This survives termination.
14. Communications
Feedback, questions, and suggestions you send us may be used without confidentiality obligations, including to improve products and services, unless we agree otherwise in writing.
15. Limited liability
Nothing in this Agreement limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Subject to that, neither party is liable for loss of profits, business, goodwill, anticipated savings, contracts, or use, or for loss or corruption of data, or any indirect, incidental, special, consequential, or punitive damages — whether in contract, tort, or otherwise. Each party’s total liability arising out of this Agreement is limited to the fees paid or payable for the Products or Services giving rise to the claim. Some jurisdictions limit these exclusions; they apply to the maximum extent permitted by law.
16. Disclaimer of warranties
THE SITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES. USE IS AT YOUR SOLE RISK. Data sent over the internet cannot be guaranteed free from interception even if encrypted. We cannot guarantee recovery of data you (or we, at your request) delete.
17. Indemnification
You agree to indemnify and hold harmless the Company and its directors, employees, and agents from claims, damages, and reasonable legal fees arising from your breach of this Agreement, your content or data (including infringement, inaccuracy, defamation, or privacy breaches), your use of the Service, unlawful use, or your negligence or willful misconduct.
18. Errors, availability, and third parties
The Site may contain pricing or availability errors. We are not obliged to honour incorrect information and may correct or cancel affected transactions. Not all products or integrations are available in every location. The Site and Service may link to or integrate with third parties (payments, SMS, ecommerce, accounting, tax). We are not responsible for their privacy practices, availability, or content. Enabling an integration is at your risk and subject to that provider’s terms.
19. Complaints
Contact support first via www.ovalpos.com or support@ovalpos.com. If unresolved, write to Complaints, Western Media, P.O. Box GP 18967, Accra, Ghana, with full details and the best way to reach you. We will acknowledge written complaints within two Working Days and assign a manager. Escalate only after that process. No claim is valid unless this procedure is followed first.
20. API
If we enable API access, it is licensed on a limited, non-exclusive, non-transferable basis, may be rate-limited, changed, or withdrawn, and must not be used to replicate OvalPOS, serve ads, or resell API access without written consent. API use is at your risk. We may charge for APIs with at least 30 days’ notice. Further detail is in the License.
21. Audit
During this Agreement and for two years after, we may audit Software usage (remotely or on site) on reasonable notice, not more than twice per calendar year. If an audit shows use beyond the licensed outlets, you must promptly pay the then-current fees for that use and our reasonable audit costs if the default is material.
22. Modifications
We may amend this Agreement by posting the updated version on the Site and, where practical, informing you. Continued use after posting constitutes acceptance. Your modifications are not binding unless we agree in writing.
23. Force majeure
Neither party is liable for failure to perform due to causes beyond reasonable control (including natural disaster, war, strike, utility or transport failure, epidemic, or acts of government). The affected party shall give notice and try to resume performance. If non-performance exceeds 30 days after notice, either party may terminate this Agreement.
24. General
If any provision is held invalid, the remaining provisions continue in effect. You may not assign this Agreement without our written consent; we may assign it. No partnership or agency is created. Failure to enforce a right is not a waiver. This Agreement is the entire agreement for website and self-serve subscriptions, except a signed contract where one exists. Formal notices of claim should be sent in writing to our postal address; day-to-day operational notices may be sent by email.
25. Governing law and venue
This Agreement is governed by the laws of the Republic of Ghana. Disputes shall be brought in the competent courts in Accra, Ghana.
Last updated: 8 August 2026