Legal

• Terms of Use
• General Terms and Conditions of Sale
• Copyright

TERMS OF USE

PaySimple assumes no liability for damages consequent to the use of any PaySimple product or any material contained within the PaySimple web site, including but not limited to the PaySimple application, any demonstration programs or application programs downloaded from or accessed via this web site or any other site to which the PaySimple web site is linked. PaySimple reserves the right to change any material within this web site including but not limited to: manuals, product descriptions, product specifications, prices, shipping charges, and warranty terms, at any time without notice. The information furnished by PaySimple is believed to be accurate and reliable at the time of posting. However, no responsibility is assumed by PaySimple for its use, nor for any infringements of patents or other rights of third parties resulting from its use. Third-party products and web sites' mention of non-PaySimple products, services, or web sites is for informational purposes only and constitutes neither an endorsement nor a recommendation. Links from this site to third party web sites are provided solely as a convenience. PaySimple is not responsible for any of these sites or their content, and does not endorse or make any representations whatsoever about them, or any information, software or other products or materials found there. Any access to third party sites is done entirely at your own risk.

GENERAL TERMS AND CONDITIONS OF SALE

Both you (the "Customer") and PaySimple, Inc. ("PaySimple") agree that the purchase and sale of PaySimple User Accounts ("the Products") through the use of this site are made under PaySimple's General Terms and Conditions of Sale in effect at the time of such purchase and that PaySimple shall not be bound by customer’s additional or different terms. Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions.

These General Terms and Conditions of Sale, together with any specific provisions set forth in the PaySimple Merchant Application, purchase order, or invoice describing your purchase, contains the entire agreement applicable to the purchase of the Products from PaySimple. By logging-in to the PaySimple system, Customer accepts and agrees to be bound by these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in PaySimple's sole discretion. These terms and conditions may not be altered, supplemented, or amended without the prior written consent of PaySimple.

Online Orders

PaySimple sells its Products online to residents of the United States only. All orders are subject to acceptance by PaySimple. NO ORDER IS OFFICIALLY ACCEPTED BY PAYSIMPLE UNTIL A CONFIRMING EMAIL WITH LOG-IN INFORMATION IS SENT TO CUSTOMER OR THE CUSTOMER LOGS INTO THE PAYSIMPLE SYSTEM WHICHEVER SHALL OCCUR FIRST. PaySimple reserves the right to reject any order for any reason including, but not limited to, the customer's inability to meet PaySimple’s underwriting criteria. In the event Customer is not approved to open an account, or in the event that payment processor(s) becomes unable to unwilling ot process payments, PaySimple reserves the right to submit Customer’s signed application(s) and supporting documents to an alternate processor for secondary review. Upon approval by Paysimple's alternate processor, Customer shall be provided an electronic copy of the alternative processor’s terms and conditions, which shall be binding by Customer upon Customer’s first processed electronic transaction. Additional fees may apply.

Prices and Payment

Prices are subject to change without notice. Unless otherwise stated on the Merchant Application, any price quotation will expire thirty (30) days from date of issuance. Stenographic or clerical errors are subject to correction. All purchases are to be made in US dollars. Customer authorizes PaySimple to directly debit from Customer's bank account any and all owed fees, including but not limited to set-up fees, monthly fees, transaction fees, and custom programming fees. All sums not paid when due as a result of non-sufficient funds (“NSF”) or any other reason shall be subject to the NSF fee per the Merchant Application and accrue interest daily at the lesser of a monthly rate of 1.50% or the highest rate permissible by law on the unpaid balance until paid in full. If payment is not received from Customer, PaySimple reserves the right to disable or cancel Customer’s use of the Products and may pursue other collection or legal remedies. Orders are entered and reviewed by PaySimple when they are received from Customer. However, PaySimple is not responsible, and will not be held liable for any processing delays or damages which may result from such delays. Set-up fees are due upon activation with PaySimple and will be automatically collected from Customer’s bank account.

TAXES

Prices do not include sales, use, service, value-added or like taxes. Customer shall pay applicable taxes, unless Customer has provided PaySimple with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities.

Cancellation/CHANGE POLICY

Customer may cancel its account and use of the Products within the first thirty (30) days of activation for a full refund of the set-up fee. Monthly fees and transaction-related fees, including but not limited to ACH/electronic check transaction fees, credit card processing fees, and merchant account statement fees are non refundable. Cancellation of the account must be made in writing and sent to PaySimple at the address or facsimile below. Refunds will be directly credited to Customer's bank account.

NOTICES

All notifications must be sent to PaySimple’s corporate office address below:

DATA SECURITY

PaySimple adheres to Payment Card Industry Data Security Standards ("PCI DSS") and will maintain its PCI DSS certification as a service provider. PaySimple protects and secures cardholder data in our possession according to our responsibility under PCI DSS. Customer agrees to comply with PCI DSS, undergo a yearly self-assessment and submit a yearly “Attestation of Compliance” to its acquirer or complete other certification processes and procedures as required by PCI DSS.

LIMITATION OF LIABILITY

Customer understands that PaySimple shall not be liable to Customer for lost profits, special, punitive, consequential or incedental damages related to PaySimple’s performance hereunder. PaySimple will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages arising out of Customer’s use of the Products or PaySimple’s site, even if advised of the possibility of such damages. Customer must notify PaySimple in writing within sixty (60) days from the date of occurrence of any discrepancies or errors related to PaySimple’s performance hereunder.

FORCE MAJEURE

PaySimple shall not be responsible for delays, nonperformance, damages, lost profits, or other losses caused directly or indirectly by any Act of God, including without limitation, fires, earthquakes, tornadoes, or hurricanes, as well as wars, labor disputes, communication failures, legal constraints, power outages, data transmission loss, failure or interception, incorrect data transmission, or any other event outside the direct control of PaySimple.

GOVERNING LAW and ARBITRATION

This agreement shall be governed by and construed in all respects with the laws of the State of Colorado. Any claim arising out of or relating to this agreement or PaySimple’s site shall be settled by binding arbitration in Denver, Colorado in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be subject to review or appeal except as permitted by Colorado law. However, either party may seek interim relief from a Denver, Colorado court to protect its rights or property while arbitration is pending. PaySimple may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

COPYRIGHT

All text, pictures, drawings and other graphics herein Copyright 2008 by PaySimple, Inc. All rights reserved. No material on our site may be reproduced in any way, including but not limited to on the Internet, on CD ROM, or in print, without the express written consent of PaySimple. The trademarks and trade-names used herein are registered to their respective owners.