Last Modified: June 19, 2015
The Service allows You to electronically generate and transmit invoices via email to Your customers (“Payors”). Your recipients of the invoices sent via the Service may pay invoices generated via the Service offline.
For AcceptPay Free Demo Account: The AcceptPay Free Demo Account Service provides online invoicing software to assist in the management of Your invoicing. The AcceptPay Free Demo Account allows You to preview the full system for one-time use only. You can upgrade to AcceptPay at any time. We may stop making the AcceptPay Free Demo Account available at our discretion.
For AcceptPay: With the AcceptPay Service, We provide two levels of services online to assist in the management of Your accounts receivables, as follows:
AcceptPay Invoicing allows You to electronically generate and transmit invoices via email to Your customers (“Payors”). AcceptPay allows You to receive electronic payment on such invoices using one of the AcceptPay electronic payment methods You select (for example, via payment card or echeck). Payments You receive will be credited to the bank account number that You provide. With AcceptPay, Your customers can pay AcceptPay invoices using any of the AcceptPay payment acceptance options You select.
As part of the Service, PaySimple may make available to You additional features that allow You to integrate or use the Service with products and services provided by third-parties (“Add-On Features”). Add-On Features may be provided for a fee or at no charge. You agree that you will pay all applicable fees for the Add-On Features that you sign up for. PaySimple is not responsible for and does not endorse any third party products or services that You use in connection with the Service or an Add-On Feature. You understand that Add-On Features may impact your use of the third products or services with which they integrate, and PaySimple is not responsible for, and shall have no liability in connection with such impact. All Add-On Features are provided “as-is” and are subject to those warranty disclaimers set forth in Section 13 of these Terms of Service and those limitations of liability set forth in Section 14 of these Terms of Service.
For all subscribers, You represent, warrant, and covenant that (1) the person(s) who has applied for the Service is a U.S. citizen, at least eighteen (18) years old; (2) such person(s) will access Our site(s) on the World Wide Web (the “Site”) utilizing the URL address We provide for this purpose from a computer with a U.S. IP address ; (3) You will provide complete and accurate information on which We will base the invoices issued in connection with the Service and You will timely resolve any disputes in connection therewith; (4) the schedule that You select for invoicing reflects the payment terms to which You have agreed with Your customers; (5) You do business in the United States of America and You will use the Service to provide invoices to, and receive payment from, Your customers that are U.S. businesses or residents only; (6) each of Your customers with respect to whom You utilize the Service has consented to receiving electronically all invoices, materials, disclosures, terms and other content delivered to them through the Service; is willing and capable of receiving, reviewing, printing and saving all such invoices, materials, disclosures, terms and other content; and has consented to Your disclosure in connection with the Service of the information required to create and distribute invoices to Your customers; and (7) You are the owner of the merchant company and have the power and authority to enter into this agreement on behalf of the merchant company.
To be eligible and authorized to utilize the Service, You hereby agree to the terms of ALL of the applicable documents listed below:
AcceptPay Free Demo Account Subscribers
You may find complete URL addresses for all documents referenced and/or linked above in Appendix A. To the extent that there is a conflict between the terms of any of these documents, with the exception of items (iv), (v) and (xi) above which shall not be subject to this provision, the terms and conditions of the lower numbered document shall take precedence and supersede the higher numbered document.
When You use the Service, We will prepare the invoices to be sent to Your customers using information provided by You. You are responsible for the customization of invoices created using the Service and the accuracy and completeness of all information on which invoices to Your customers are based, including, but not limited to, the identity of, and contact information for, Your customers who are being invoiced; the transactions for which You are invoicing them; and the cost thereof, including applicable discounts. We will not entertain or handle disputes about the information provided by You on which invoices are based. You will be responsible for promptly handling disputes with Your customers; You must inform PaySimple to correct any errors contained in any invoices created using the Service. You are also responsible for determining the schedule on which invoices will be created and distributed. You shall ensure that the schedule of invoicing that You select reflects the payment terms to which You have agreed with Your customers.
Your access to and use of the Service and this Site is subject to all applicable international, federal, state, and local laws and regulations. We make no representation that the information or content available at or through the Service or this Site (collectively, “Content”), is appropriate or available for use in any particular location, and access to Content from territories where the Content may be illegal is prohibited. Those who choose to access and/or use this Site and the Service do so at their own initiative and risk and are responsible for compliance with all applicable laws.
For AcceptPay Free Demo Account: Credit approval is not required. PaySimple reserves the right to reject any enrollment.
Enrollment is not automatic.
PaySimple reserves the right to reject any enrollment for any reason including, but not limited to, Your inability to meet applicable underwriting criteria. If You are not approved to open an account with PaySimple’s primary payment processor(s), PaySimple may submit Your signed Merchant Service application(s) and supporting documents to an alternate processor for secondary review. Additional fees may apply, as provided in the signed Merchant Service Application (if You have subscribed to payment acceptance) which is approved by PaySimple’s alternate processor(s). Additionally, PaySimple reserves the right to change the processor(s) for credit card, and/or ACH/eCheck processing at any time in its sole discretion. You shall be provided thirty (30) days notice of such change if practicable under the circumstances.
For both AcceptPay, AccepyPay Invoicing and AcceptPay Free Demo Account:
Your enrollment information must be accurate and complete, and You shall update enrollment information as necessary to keep it accurate and complete. You shall not misrepresent Your identity, the identity of Your authorized users of the Service, Your ownership of, and authority to act on behalf of, Your Company, or any other enrollment information or information provided by You subsequent to the enrollment. Failure to provide accurate and complete information may result in the termination of Your ability to use the Service and/or result in errors.
PaySimple is not responsible or liable for any processing delays or damages which may result from any delays. Enrollment is activated upon Your receipt of the enrollment confirmation email including Your log-in information or You log into the password protected portion of the Site, whichever is first. The username and password provided in the enrollment confirmation email will be that assigned to the Master Administrator for Your account.
You, the Master Administrator, shall have a unique username and password. You, and any other authorized invoicer, shall not use a username or password that PaySimple, in its sole discretion, deems offensive or inappropriate. You shall provide PaySimple with true, accurate, and updated information. You are solely responsible for maintaining the confidentiality and security of usernames and passwords for Your account, and You assume all liability for sharing or disclosing such usernames and passwords. You agree to immediately contact PaySimple at 1-800-466-0995 if You become aware that the security of the usernames and/or passwords for Your account may have been compromised or if there has been unauthorized access to Your account or Your data. You are solely responsible for all activity occurring under the usernames and passwords for Your account. Access to and use of password-protected and/or secure areas of this Site and Service is restricted to authorized users only.
You are hereby granted a limited license during the portion of the Term during which You have an active PaySimple account to utilize, including incidental copies arising from the operation of Your browser, the Service and Content solely to generate invoices to, and for AcceptPay subscribers, to receive payments from, Your Payors and to manage Your accounts receivable. You may only use the Service, the Site and the Content as directed in the tutorials on the Site. You may not resell or sublicense the Service, the Content, or any other services provided by PaySimple to any other person or entity. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, decompiling, reverse engineering, disassembling, transferring, or using any Service or Content available on or through this Site for any purposes, except You may make print copies of the Content for Your own benefit and internal business use but not for distribution to others. You agree that Your use of this Site is voluntary, non-assignable and non-transferable.
You may not (a) use this Site, Content or Service in any manner that could damage, disable, overburden, or impair the Site, Content or the Service, nor may You use this Site, Content or Service in any manner that could interfere with any other party's use and enjoyment thereof, (b) use any "robot," "spider" or other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data, or content found on this Site, Content or Service or (c) use the Content, Service or this Site in violation of, or to violate, any law, rule or regulation.
You hereby covenant and agree that You will not charge Payors to access Your invoices using the Service.
There are no charges in connection with the AcceptPay Free Demo Account service unless you sign up for an Add-On Service. The AcceptPay Free Demo Account service requires registration of Your name, Your Company name, Your email address, Your phone number, and certain demographic information about Your Company.
You are subject to two or more sets of fees.
If You choose to request a copy of the Merchant Regulations, You will also be asked to reimburse American Express for its production costs (if in paper form, $29.50, plus shipping and handling; if as a CD-ROM, $8.00 plus shipping and handling).
|Public||American Express ® Cardmembers|
|One: AcceptPay Invoicing||Online Invoicing|
|Two: AcceptPay||Online Invoicing and Payment Acceptance||$40||$30|
Setup Fees for Service Level Two AcceptPay.
Setup fees, if any (except for the ACH initiation fee which is due upon enrollment for ACH acceptance) are due to Us upon activation of Your AcceptPay account and will be automatically charged to the credit card that You enroll with us using the American Express Card account information that You provide (the “Enrolled Card”) or, if unable to be charged to Your Enrolled Card, debited from the bank account for which You have provided applicable account information. You hereby authorize such charge or debit. Prices may include sales, use, service, value-added or like taxes. You shall pay applicable taxes, unless You have provided to Us an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities.
Monthly Subscription Fees for AcceptPay and AcceptPay Invoicing.
You authorize Us to directly charge any monthly subscription fees to the Enrolled Card or bank account that You enroll with Us. In addition, You authorize Us to debit the bank account that You provide for any and all other owed fees, including but not limited to setup fees such as the one-time ACH initiation fee, transaction fees, and custom programming fees. If We are unable to charge the monthly subscription fees to Your Enrolled Card, You authorize PaySimple to debit the monthly subscription fees from the bank account for which You have provided applicable account information. You hereby authorize such charge or debit. Prices may include sales, use, service, value-added or like taxes. You shall pay applicable taxes, unless You have provided to Us an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities.
Other Merchant Fees for Service Level Two AcceptPay.
You are subject to all fees pursuant to the terms of the National Processing Company ("NPC") Merchant Processing Agreement (https://images.paysimple.com/files/npc.pdf
Late or Insufficient Payments for AcceptPay and AcceptPay Invoicing.
All sums not paid to Us when due (as a result of non-sufficient funds (“NSF”) or for any other reason) shall be subject to the NSF fee stated above in this Section 10. Additionally, We reserve the right to 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 We do not receive payment from You, We reserve the right to disable the login(s) and password(s) for Your account, to cancel Your account, and to pursue other collection or legal remedies.
You may cancel or terminate Your account and use of the Service at any time, in which case, You must cease using the Service. Cancellation or termination of Your enrollment or account must be made in writing and sent to PaySimple at: AcceptPay Billing, c/o PaySimple, Inc., 1515 Wynkoop Street, Suite # 250, Denver, CO 80202, by sending an email to email@example.com or via fax at 303-265-9432.
For AcceptPay and AcceptPay Invoicing, and any Add-On Services only: Monthly subscription 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. Notwithstanding the foregoing, cancellation of the Service may require Your completion of certain forms designated by the applicable payment processor(s).
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE OR VIA THE SERVICES ARE PROVIDED TO YOU BY PAYSIMPLE "AS IS" ON AN “AS AVAILABLE BASIS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. PAYSIMPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE.
PAYSIMPLE DOES NOT ENDORSE NOR IS PAYSIMPLE RESPONSIBLE FOR (A) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INVOICE OR STATEMENT GENERATED THROUGH THE SERVICE (B) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INVOICE, OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICE OR THIS SITE BY ANY PARTY OTHER THAN PAYSIMPLE, (C) ANY CONTENT PROVIDED ON ANY THIRD PARTY SITE(S) LINKED TO THIS SITE, OR (D) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM ANY THIRD PARTY SITE(S) LINKED TO THIS SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL PAYSIMPLE OR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE OR THIS SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE, OR OBTAINED FROM A THIRD PARTY SITE LINKED TO THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
PAYSIMPLE DOES NOT WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THIS SITE IS FREE OF VIRUSES, WORMS, BOTS, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THE UNIFORM COMMERCIAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT SHALL NOT APPLY TO THIS AGREEMENT.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITE, CONTENT, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THIS SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PAYSIMPLE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. PAYSIMPLE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE IS COMPLETE OR UP-TO-DATE. PAYSIMPLE IS UNDER NO OBLIGATION TO UPDATE THIS SITE, SERVICE OR CONTENT. PAYSIMPLE MAY CHANGE THE SITE, SERVICE OR CONTENT OR MAY MAKE IMPROVEMENTS OR CHANGES THERETO AT ANY TIME WITHOUT NOTICE.
YOU AGREE THAT PAYSIMPLE AND EACH OF ITS RESPECTIVE AGENCIES, AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, SERVICE, CONTENT OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. PAYSIMPLE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE, SERVICE OR CONTENT.
FOR ACCEPTPAY AND ACCEPTPAY INVOICING: THE MAXIMUM AGGREGATE LIABILITY OF PAYSIMPLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS WILL BE THE GREATER OF (i) FORTY DOLLARS ($40) AND (ii) THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEES PAID PURSUANT TO SECTION 9 HEREOF IN THE TWO (2) MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM.
FOR ACCEPTPAY FREE DEMO SUBSCRIBERS: THE MAXIMUM AGGREGATE LIABILITY OF PAYSIMPLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE FORTY DOLLARS ($40).
Users of this Site agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. You and PaySimple agree to submit to the exclusive jurisdiction of the federal and state courts of the State of New York.
You acknowledge that ADP shall use one or more ADP Providers to provide ACH and credit card payment services. Each such ADP Provider shall be required to adhere to Payment Card Industry Data Security Standards ("PCI DSS") and will maintain its PCI DSS certification as a service provider, however, ADP makes no representations as to the protection and security of your cardholder data in the possession of such ADP Provider according to the ADP Provider(s) responsibility under PCI DSS. You understand that The Service default security settings are configured in a PCI DSS Compliant manner, and that You are wholly responsible for ensuring that any changes You make to these security settings will not result in Your being out of PCI DSS compliance.
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, data loss, failure or interception, incorrect data transmission, or any other event outside the direct control of PaySimple, its vendors or us.
You are solely responsible for ensuring that each of Your customers who receives invoices using the Service has consented to, is willing and capable of receiving, reviewing, printing and saving all materials, disclosures, terms or other content You deliver to them through the Service and has consented to Your use and disclosure of the information required to create and distribute invoices to such customer.
PaySimple reserves the right to modify or discontinue this Site with or without notice to You. PaySimple shall not be liable to You or to any third party in the event that the Service or Site is modified or discontinued.
1515 Wynkoop St, Suite 250
Denver, CO 80202
Below is a list of all documents linked herein with complete URL addresses.
|1) The American Express Merchant Regulations – U.S.||https://www.americanexpress.com/merchantpolicy|
|2) The AcceptPay Enrollment Agreement||http://www.acceptpay.com/terms_ssu.html|
|3) The ACH Processors Terms and Conditions||
URL for - ACH Direct, Inc. Terms and Conditions
URL for - Electronic Clearing House, Inc Terms and Conditions
URL for – National Processing Company Terms and Conditions
|5) The PaySimple Acceptable Use Policy||http://www.paysimple.com/aup.html|
|6) The Electronic Signature Terms and Conditions||http://www.acceptpay.com/terms_esig.pdf|
|8) AcceptPay Pricing||http://www.acceptpay.com/pricing|
|9) AcceptPay App End User License Agreement||http://www.acceptpay.com/mobileappeula.html|