Terms of Service
1. The Service
NextPour operates as a software-as-a-service (SaaS) table ordering and kitchen display management system. We provide the digital infrastructure for venues to receive and process orders. We do not provide physical goods, food, or hospitality services.
2. Payment Processing, Merchant Gateways & In-House Tenders
Merchant of Record: NextPour operates strictly as a software-as-a-service (SaaS) provider and digital ordering conduit. NextPour is not a bank, payment processor, merchant acquirer, or money services business. At all times and under all processing methods, the Venue (you) acts as the sole and exclusive Merchant of Record. NextPour has no custody of, ownership over, or control over patron funds.
Stripe Connect: Venues utilizing our built-in online checkout operate under Stripe Connect Direct Charges. All patron transaction processing fees correspond to Stripe’s network rates and are directly levied on your merchant account. Payout timing, anti-money laundering (AML) compliance, Know-Your-Customer (KYC) identity verifications, chargebacks, customer refunds, and payment disputes are governed exclusively by the Stripe Connected Account Agreement. NextPour is not financially liable for your processing volumes, chargebacks, or dispute fees.
Integrated Third-Party Merchant Accounts (Dojo, Square, SumUp, etc.): Venues subscribing to eligible tiers may connect their existing external merchant accounts via direct API credentials or merchant routing. NextPour does not process, handle, intermediate, or settle funds routed through external gateways. You acknowledge that your merchant relationship, settlement terms, merchant fees, chargebacks, and gateway uptime remain entirely between you and your third-party payment provider. NextPour accepts no liability for third-party gateway downtime, API credential failures, merchant account freezes, or delayed bank settlements.
In-House Physical Card Terminals & Cash Handling: Venues recording in-house card payments (via standalone physical PDQ card machines such as Worldpay, Barclaycard, Clover, or Zettle) or Cash over the counter do so using NextPour purely as an informational order-routing and till management aid. NextPour accepts zero liability for till shortages, counterfeit bank notes, cashier handling errors, staff reconciliation discrepancies, or physical card machine communication errors.
Platform Software Fees: Any per-order fees (e.g. 50p, 20p, 10p, or 5p) or monthly subscription fees charged by NextPour represent software platform licensing fees for providing digital table ordering, station routing, and kitchen display infrastructure. These software fees apply independently of any card interchange or acquiring fees charged by your chosen payment provider.
Indemnification: You agree to fully indemnify, defend, and hold harmless NextPour, its parent company Citriq Limited, directors, and officers against any claims, chargebacks, patron financial disputes, fines, regulatory enforcement actions, or penalties arising from your transactions, payment processing, or customer refunds.
3. Uptime & hardware
While we strive for 99.9% uptime, NextPour is provided "as is". We are not liable for lost revenue resulting from internet outages, hardware malfunction, battery death of physical displays, or temporary Stripe API downtime during service. It is your responsibility to maintain a robust internet connection in your venue.
4. Subscriptions, Tier Downgrades & Fee Modifications
You may downgrade your subscription to the Pay-As-You-Go (Starter) tier at any time. When downgrading, advanced routing (such as split Bar and Kitchen hardware displays) will be immediately restricted, and your menu will route to a single hardware unit. Pro-rated refunds are not issued for mid-month cancellations.
VAT & Taxes: All fees stated on our pricing pages and within the NextPour platform are exclusive of VAT, which will be charged at the applicable rate where required by law. If NextPour becomes VAT registered, VAT will be added to your monthly invoices and transaction fees accordingly.
Fee Modifications: We reserve the right to modify our subscription tiers, software fees, or introduce new charges at our sole discretion. In the event of a pricing change that affects your active subscription, we will provide you with at least thirty (30) days prior written notice (via email or dashboard notification). If you do not agree to the new fees, your sole remedy is to cancel or downgrade your subscription before the changes take effect.
5. Tax, HMRC, and Tipping Compliance
While NextPour provides analytical tools such as digital Z-Reports and Tipping Ledgers to assist with business operations, these tools are strictly for informational and guidance purposes. We are not certified accounting software. It is your sole responsibility as the venue operator to ensure that all financial reporting, tax calculations, HMRC submissions, VAT obligations, and tipping distributions (including compliance with the Employment (Allocation of Tips) Act) are legally precise and accurate. NextPour accepts no liability for accounting discrepancies, tax fines, or legal penalties related to your financial operations.
6. Surcharging & Consumer Rights Compliance
It is your sole responsibility as the venue operator to ensure your pricing structures and fee naming conventions comply with all relevant local legislation, including the UK Consumer Rights (Payment Surcharges) Regulations 2012 and the Payment Services Regulations (PSD2). While NextPour provides the technical ability to pass checkout fees to your customers, NextPour acts solely as a software provider and assumes no liability for illegal or non-compliant surcharging practices. You agree to indemnify and hold NextPour harmless from any fines, legal penalties, or consumer disputes arising from your chosen fee structures.
7. Limitation of Liability & Consequential Damages
To the maximum extent permitted by law, in no event shall NextPour be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, lost revenue, goodwill, use, data, or other intangible losses. Under no circumstances will NextPour be responsible for any damage, loss, or injury resulting from unauthorized hacking, tampering, server outages, or system instability.
8. Maximum Financial Liability Cap
In the event that a competent court finds NextPour liable for any claim arising out of or relating to these Terms, NextPour's total cumulative liability shall not exceed the total amount paid by you (the Venue) to NextPour in the twelve (12) months immediately preceding the event giving rise to the claim, or £100 GBP, whichever is greater.
9. Force Majeure & Severability
We shall not be held liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control (Acts of God, global internet outages, denial-of-service attacks, upstream provider failures). If any provision of these Terms is held to be unenforceable, such provision shall be modified to reflect the parties' intention, and the remaining provisions shall remain in full force.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the English courts.
11. Contact Information
If you have any questions regarding these Terms, please contact us at:
NextPour
Unit 3, Vernon Drive
Battlefield Enterprise Park
Shrewsbury, Shropshire
SY1 3TF
Email: Support@NextPour.co.uk