End user agreement for TransaX QB
Terms of Service
By using TRANSAX (herein referred to as "Company") Gateway and other Company Software in any way, you are agreeing to abide by these Terms of Service.
Company provides software and tools for ISO/MSPs, Software Developers, and Merchants for the purpose of automating and streamlining cashless payment processing. Company products include, but are not limited to, Company Gateway, Company BillPay, Company Mobile, Company SAFE, Company QB. Each of these technologies are fully integrated to work with each other, and each has a specific and unique feature set. Company warrants that all software will perform the features that the software was designed for. Any bugs that are found by Company staff, or found by users of Company Software, will be taken very seriously, and addressed as quickly as possible as per Company Corporate Policy. Company Gateway is PCI-DSS certified, and Company QB is PA-DSS certified.
Billing and Fees
Fees will be collected based on the rate sheets presented at time of sign up. Fees will be collected automatically, via an ACH debit, on the first of each month, or when the total amount due for a particular merchant is greater than $50.00, whichever comes first. A backup billing method must be provided. If the ACH debit fails, an attempt will be made against the backup billing method. If both the primary ACH, and backup billing method fails, access to Company Gateway and other Company Software will be disabled.
Refunds and Cancellations
Use of Company Software is at will. To cancel service, simply e-mail firstname.lastname@example.org <mailto:email@example.com> requesting cancellation. All fees for service up to the time of cancellation will still be due. Monthly fees will be prorated. No refunds will be provided for services consumed.
By accepting these terms, you agree not to dispute authorized charges that were incurred by you while using Company Gateway or other Company Software.
All services are provided 'As-is' with no implied or expressed warranty.
Limitation of Liability
If any verbiage in this document is deemed invalid by a court of law, it shall not invalidate the remainder of the agreement. By entering into this agreement you acknowledge that with any internet based service, there are many factors outside of the control of Company. Therefore, you agree to not hold Company accountable for interruptions in service beyond the control of Company. Furthermore, if any lawsuit is filed against Company, Company is not liable for attorney's fees or damages greater than amounts collected by Company. Company reserves the right to refuse to service a merchant for any reason.
Changes to the Terms of Service will be posted at this URL. Company reserves the right to change Terms of Service at any time without notice. It is the responsibility of users of Company Gateway and other Company Software to periodically return to this URL to review the Terms of Service to ensure compliance.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Company may transfer, assign or delegate the Terms and its rights and obligations without consent.
Choice of Law
The Terms shall be governed by and construed in accordance with the laws of Illinois and the parties submit to the exclusive jurisdiction of Illinois courts.
Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
You hereby agree to indemnify and hold harmless Company, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms or (ii) the use of the Services, by you or any person using your account.
Termination of Service
Company may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
The Gateway sends out many automated e-mails. There are many factors that come into play with e-mail delivery that are outside the control of The Company. The Company is not responsible for non-delivery of automated e-mail messages generated from The Gateway.
QuickBooks and Intuit are registered trademarks of Intuit, Inc. NELiX TransaX is not affiliated with Intuit.