Due to its portability and speed, mobile POS payment has gradually become the main payment method for economic exchanges, especially for large-scale economic exchanges. With the increasing use of mobile POS machines in life, the demand for mobile POS machines has increased, and the behavior of mobile POS machines has emerged, but this has led to a large number of disputes.
Network business opportunities become agents
Xiaojun learned about the recruitment information of mobile POS machine agents from the network, and only need to pay a certain amount of agency fees and mobile POS machine payment, it can become a regional agent. In addition to the difference in the price of a mobile POS machine, the agent can also obtain a certain percentage of the total amount of credit card transactions in the region, and the distribution is generally settled on a monthly basis. In response to the use of POS machines, Xiaojun went to the market to inspect it and found that both large and small merchants are equipped with mobile POS machines. In practice, they, their family members and friends are used to swiping cards, especially when the amount of consumption is relatively large. Xiaojun feels that the sales prospects of mobile POS machines are relatively good, and mobile POS machine regional agents are a good business opportunity. Xiaojun chose a technology company in Beijing. This company can only become an agent by paying an agency fee of 40,000 yuan, giving away the machine for free, and promised a corresponding proportion of rebate. Therefore, Xiaojun signed an agency agreement with him, paid the agency fee and took away 22 mobile POS machines.
After the agent went out of the dispute and negotiated without a door, Xiaojun started his own agent. Because mobile POS payment has convenient and fast attributes, merchants and consumers still have a large demand for it. Therefore, Xiaojun quickly found 8 mobile merchants to buy and use their mobile POS machines. However, a few months later, the merchant developed by Xiaojun complained to him that he used the POS machine to swipe the card and the payment was not settled in time and the account, the code hopping, the consumer address and the electronic ticket were inconsistent, and the inquiry of the UnionPay record found the purchase order and the real Information does not match the situation. Xiaojun found that the deduction rate displayed by his platform was also inconsistent with the actual deduction rate. The platform for providing services and settlement was also inconsistent with the company's commitment. In addition, Xiaojun and the company's agency agreement agreed to split on the 10th of each month, but in these few months, Xiaojun never received the company's share. Therefore, Xiaojun called the company to give feedback, but the company did not reply. In desperation, Xiaojun came to Beijing and found the company to negotiate in person, but the company did not give a solution. At this point, in order to prevent further losses, Xiaojun immediately stopped selling and using his agent's mobile POS machine, and returned 22 machines to the company, requesting the company to cancel the agency agreement, but the company refused to solve the problem after receiving the machine.
Litigation to court rights protection
Because Xiaojun believed that the purpose of the contract with the company could not be fulfilled, and the company negotiated with the company after several times of no results, the company was required to confirm the cancellation of the agency agreement between the two parties, and the company refunded the agency fee and returned the points. Run and round-trip travel expenses.
The company argued that the agency agreement signed by both parties is the true meaning of the two parties. The contract is true and valid, and the purpose of the contract can be realized. When signing a contract with Xiaojun, the company has already informed its products about the opening of the audit, the payment of funds, and the settlement of services provided by other companies with relevant qualifications and service capabilities. There is no way to escape the so-called regulatory replacement payment channel. The product does not match the name and model, because the name and model of the product were changed. The consumption address does not match the ticket may be deleted by Xiaojun in the background. The deduction rate displayed by the company platform is also inconsistent with the actual deduction rate because the company's background data is in error and has been calculated according to the contract. The contractual obligations stipulated in the agreement have been fulfilled and there is no default.
The court held that the agency agreement signed by Xiaojun and the company was legal and valid. The company should provide products and services that meet the legal requirements and contractual requirements, and settle the related expenses with Xiaojun. In the process of using the mobile POS machine, there is a situation in which the payment is not timely arrived after the card is swiped, and the company's background display fee is inconsistent with the actual bank handling fee. Moreover, the company did not conduct the distribution and settlement according to the standards and time stipulated in the contract, which constituted a breach of contract. Xiaojun sold the product according to the contract, and the purpose of obtaining the contract of the distribution was not realized, and he had the right to terminate the contract. However, the bill provided by Xiaojun cannot fully prove its corresponding expenses, and this claim is not supported.
In summary, the court finally ruled that the agreement between the two parties was lifted, the company returned the agent fee and paid the dividend, and Xiaojun returned the company POS machine.
Carefully choose the brand to sign the contract
The regional agent is one of the ways for the investor to pay a certain agency fee to the seller, so as to obtain the agent of a certain service or commodity of the seller in a certain area, which is one of the ways for the seller to expand its business scope and influence. Due to the characteristics of the mobile POS machine, its proxy behavior has the following risks in practice:
First, for agents, merchants, and cardholders. For POS machine agents, sellers use the network to make false publicity, attracting agents to sign agency contracts with them. After signing the contract, the sellers do not follow the promises, use various means to deceive the agents, refuse to solve the problem when the agent finds the problem, and even unable to solve the problem, the agency fee is difficult to return. For the use of merchants, such as the purchase and use of POS machines without direct payment qualification, it is prone to delays in payment settlement or even liquidation, and the security of fund accounts cannot be guaranteed. For the cardholder, if the POS machine used has no proper payment platform and security guarantee, it will easily lead to information leakage and money loss of the cardholder, which can not protect the rights of the cardholder and affect the normal operation of the financial market.
Second, for the economic market and financial markets. Due to the wide application range and large transaction funds of mobile POS machines, their influence on the economic market and financial market is also increasing. For example, mobile POS vendors cannot sell and use POS machines according to regulations, and payment platforms cannot settle and pay as scheduled. It has a greater impact on the order and security of the economic market and financial markets. And the multi-channel, low-price mobile POS machine has greatly reduced the cost of cash card cashing, and the behavior of illegal cash-out and card-raising is more frequent. Serious cases may involve illegal crimes.
Guangdong Tianbo intelligent hardware customization + here to remind agents should be cautious when choosing a proxy brand, choose a relatively large-scale website when browsing online recruitment information, do not believe that some obviously exaggerated profit, try to describe a beautiful vision, agency fee is lower than the market price Too many advertisements that are vaguely described in terms of relevant professional qualifications.
When selecting an agent brand or signing an agency contract, the agent should do the following:
First, review the relevant qualifications of the seller, ask and check whether it has a business license, industry license and other relevant documents, and check and verify on the official website of the national department, and try not to obtain qualifications with the level of authorization. The seller signs the contract.
Secondly, it should be based on written agreement. It is not convinced of the verbal commitment of the seller. If the seller’s verbal commitment exceeds the written contract, the agent has the right to require the seller to add the promise to the written contract. Otherwise, the agent Have the right not to sign, try to avoid the failure to defend the contract when there is a problem.
Third, read the contents of the contract carefully. In practice, the texts of the agency contracts signed by both parties are mostly provided by the sellers. There are some provisions in the contract that reduce the responsibility of the seller to increase the responsibility of the agent. The agent should carefully read the terms of the contract and ask the seller to prompt the contract to reduce or exempt the responsibility. Terms and conditions, found that there are unreasonable points in time to require the seller to modify.
Fourth, the blank part of the contract must be carefully filled out, and no blanks should be left blank, causing the seller to maliciously modify the contract content afterwards.
If the agent finds a problem after joining, it can either report it to the seller, negotiate with the seller, or complain to the industry and commerce department, or sue the people's court. Regardless of the type of rights protection chosen, agents must pay attention to the collection and retention of evidence to avoid unwarranted rights.
Tianbo Intelligent Hardware focuses on building open intelligent hardware customization solutions, including handheld Android smart terminal series, desktop Android smart terminal series, and cabinet Android smart terminal series. Provide one-stop intelligent hardware customization solutions, and have successful cases in the catering, tourism, hotel, logistics, retail, and department stores industries.
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