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Terms & Conditions
PAYEMQUICK SERVICES AGREEMENT
This PayemQuick Services Agreement (the Agreement ) is entered into by and between PayemQuick.com, Inc., a Delaware corporation with offices at 1295 Charleston Road, Mountain View, California 94043 (PayemQuick), and the Person completing the online registration process for PayemQuick Services or using PayemQuick Services (User). This Agreement shall be effective as of the date User completes the registration process to be a Buyer or Seller or uses the PayemQuick Services and clicks the applicable button acknowledging acceptance of the terms and conditions of this Agreement (Effective Date).
ARTICLE I : DEFINITIONS
Section 1.1 DEFINED TERMS.
Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings.
a. ACH or Automated Clearing House shall mean the electronic funds-transfer system run by the National Automated Clearing House Association
b. Auction Site shall mean a third-party, web-based auction hosting service that has authorized PayemQuick to offer payment services to its registered users.
c. PayemQuick Services shall mean the services described in Section 2.1 and Section 2.2 below.
d. Buyer shall mean a Person that uses the PayemQuick Services for the purpose of submitting payments for goods and services purchased online.
e. Card shall mean any valid credit card, charge card, or debit card issued by a member of Visa or a member of MasterCard, and bearing its respective trade names, trademarks, and/or trade symbols.
f. Card Association shall mean Visa or MasterCard.
g. Cardholder shall mean the individual whose name is embossed on a valid Card and any authorized user of such Card.
h. Chargeback shall mean the procedure in which a Card payment that is settled is returned to PayemQuick based on a failure to comply with applicable Card Association rules or a dispute initiated by a Cardholder.
i. Destination Bank shall mean the U.S. based bank or financial institution where Seller’s Bank Account is maintained.
j. Disqualified Chargeback shall have the meaning set forth in Section 2.1.f.6 below.
k. Issuing Bank shall mean the financial institution that issued the Card to a Cardholder.
l. MasterCard shall mean MasterCard International, Inc.
m. Payment shall mean the submission of a Card payment by a Buyer for the purpose of paying Seller for goods and services related to a Transaction.
n. Person shall mean any individual, firm, corporation, business trust, partnership or other entity and shall include any successor (by merger or otherwise) of such entity.
o. Seller shall mean a Person that completes the registration process on www.PayemQuick.com and is approved by PayemQuick to use PayemQuick Services for the purpose of receiving payments for goods and services sold online.
p. Seller’s Bank Account shall mean a demand deposit account established at a U.S. financial institution capable of receiving credits and debits from the Automated Clearing House systems operated by the U.S. Federal Reserve Bank for the limited purpose of debiting or crediting Seller for Card transactions under this Agreement. The authorized account holder listed on Seller’s Bank Account MUST be identical to the name provided by Seller to PayemQuick during the registration process.
q. Transaction shall mean a completed online auction or online purchase for which Buyer submits a Card payment to Seller via the PayemQuick Services.
r. User shall mean either Buyer or Seller, as applicable.
s. User Account shall mean a unique identifier issued to each Seller or Buyer for the purpose of providing PayemQuick Services to such User.
t. Visa shall mean Visa U.S.A., Inc. or Visa International, Inc.
Section 1.2 INTERPRETATION.
References to Articles, Sections and Exhibits are to be construed as references to the Articles or Sections of, and Exhibits to, this Agreement, unless otherwise indicated, and terms such as hereof, herein, hereunder and other similar compounds of the word here shall mean and refer to this entire Agreement rather than any particular part of the same. Section 2.1 of this Agreement shall apply only to Seller. Section 2.2 of this Agreement shall apply only to Buyers. All other sections will apply to both Buyers and Sellers.
Section 1.3 ELECTRONIC AGREEMENT.
a. Each party hereby agrees that this Agreement shall be effected by electronic means and understands that all electronic documents related hereto are legally binding in the same manner as are written documents when the information contained therein is sent or delivered in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. This Agreement shall be governed by the provisions of the California Uniform Electronic Transaction Act.
b. User understands that a contract may be executed by the interaction of an individual, acting on behalf of the User, with an electronic agent (such as this website and the computer program or programs operating in conjunction with it), so long as the individual knows or has reason to know his or her actions will cause the electronic agent to complete the transaction or performance. In the event, however, that User has unintentionally submitted an online registration because of an error made by User in dealing with the PayemQuick website, and User promptly notifies PayemQuick within five (5) days of the occurrence of such error and informs PayemQuick that User does not intend to be bound hereby, PayemQuick agrees that the online registration erroneously submitted will be deemed null and void provided that User has not used any PayemQuick Services. It is understood and agreed that any use by User of any PayemQuick Services shall bind User to this Agreement, whether or not User claims the online registration was submitted in error. If any provision of this paragraph should be held to conflict with California Civil Code §1633.10, the provisions of §1633.10 shall control.
ARTICLE II : DESCRIPTION OF SERVICES
Section 2.1 PAYEMQUICK SERVICES FOR SELLER.
a. Scope of PayemQuick Services. Subject to the terms and conditions of this Agreement, with respect to Seller, PayemQuick shall perform the following services:
1. create and host a User Account on behalf of Seller upon PayemQuick’s verification and approval of information submitted by Seller during the registration process at www.PayemQuick.com;
2. review Card payments submitted by Buyers for potential Card fraud;
3. remit to Seller’s Bank Account, in U.S. dollars, those funds received from Buyers that are intended for Seller, after deduction of applicable fees, penalties, fines, and/or Chargebacks; and,
4. provide to Seller standard customer support services to address Seller inquiries regarding its use of PayemQuick Services, such services to be provided during PayemQuick’s normal business hours by e-mail or telephone.
b. Seller Protection. For each Payment, if a Card payment submitted by a Buyer is approved by PayemQuick and applicable funds are remitted by PayemQuick to Seller’s Bank Account, PayemQuick shall assume the Chargeback risk for such Payment subject to satisfaction of ALL of the following conditions:
1. the goods shipped are not subject to the Restricted Transactions terms set forth in Section 2.1.e. below;
2. Seller ships goods using an established courier or postal service that provides shipment confirmation services;
3. the goods are shipped within seven (7) business days or the timeframe stated in the listing, whichever occurs earlier, of Seller’s receipt of the applicable funds from PayemQuick;
4. the goods are shipped to the Buyer address provided by PayemQuick to Seller;
5. the addressee information for the shipment is filled in correctly;
6. Seller provides PayemQuick with a complete and accurate copy of the proof of shipment for the Transaction in question within three (3) business days of PayemQuick’s request for such documentation;
7. Seller was not engaged in illegal, fraudulent, or misleading activity related to the Transaction;
8. Seller assigns and delivers to PayemQuick the proceeds of any insurance recovery received from the delivery service if the shipment was insured;
9. Seller complies with all requirements of the Delivery Confirmation Program set forth in Section 2.g. below, if applicable; and
10. Any refund of a Payment to a Buyer is administered through PayemQuick; and
11. Seller is at all times in full compliance with applicable laws, rules, regulations, statutes, ordinances, and the terms and conditions of this Agreement.
c. Undeliverable Funds. In the event PayemQuick remits funds to Seller’s Bank Account and the funds are returned to PayemQuick as undeliverable, PayemQuick will contact Seller to attempt resubmission of the funds. If PayemQuick is unable to deliver the funds after exercising reasonable efforts to do so, PayemQuick will return the funds to the Buyer.
d. PayemQuick Rights. In addition to any other rights PayemQuick has under this Agreement and applicable law, PayemQuick reserves the following rights with respect to providing PayemQuick Services hereunder:
1. PayemQuick may, at any time, in its sole discretion, decline any Payment for any or no reason. Reasons for declining a Payment may include, without limitation, Card authorization decline, inability to verify Buyer information, poor feedback rating of Buyer, suspected fraud, Payment involving a Restricted Transaction.
2. PayemQuick may, at any time, in its sole discretion, take any reasonable and lawful measures to verify Seller’s identity and to otherwise conduct investigations to protect PayemQuick’s interests.
3. PayemQuick may, at any time, in its sole discretion, suspend Seller’s User Account or terminate this Agreement with Seller if PayemQuick has good faith reason to believe that Seller is not in compliance with applicable laws, rules, regulations, statutes, ordinances, or the terms and conditions of this Agreement, provided that PayemQuick will provide Seller with written notice by e-mail of any such suspension or termination.
4. PayemQuick may, at any time, it its sole discretion, suspend Seller’s User Account or terminate this Agreement with Seller if PayemQuick reasonably believes that Seller’s feedback rating on any auction site poses a risk to PayemQuick’s interests.
5. PayemQuick may, at any time, in its sole discretion, use third parties to facilitate or perform all or any part of the PayemQuick Services, provided that any such third parties shall be bound in writing to uphold PayemQuick’s commitments under the then current PayemQuick Privacy Statement. Seller expressly confirms, consents, and authorizes all such third party service providers to undertake and perform their respective responsibilities in connection with Seller’s use of PayemQuick Services, including, without limitation, use and disclosure of Seller’s nonpublic personally identifying information.
e. Restricted Transactions. Seller is not permitted to use PayemQuick Services to receive payments for any Transaction involving any of the following:
1. where the total payment amount, including the cost of the good or service, sales tax, shipping, handling, and insurance, exceeds one thousand five hundred U.S. dollars (US $1500.00);
2. where Seller has reason to believe that the Buyer is under 18 years of age;
3. gambling or wagering;
4. controlled substances, prescription drugs, steroids, or paraphernalia;
5. airline tickets;
6. vacation packages;
7. magazine subscriptions;
8. prepaid phone cards;
9. goods requiring custom construction with a future shipping date exceeding five (5) business days from the close of the Transaction;
10. copyrighted materials where the Seller does not have the proper license or right to sell such materials;
11. any unlawful activity.
f. Seller Requirements. To use PayemQuick Services, Seller must be in full compliance with the terms and conditions of this Agreement, including the following:
1. Seller must provide complete, true, current, and accurate information as prompted during the PayemQuick registration process. Information required may include, without limitation, name, address, telephone number, e-mail address, credit card number, expiration date, Seller’s Bank Account information, Seller’s user identification for the auction site(s) on which Seller intends to accept payments through PayemQuick. Seller must keep current, accurate, and complete all information contained within the Seller’s User Account for so long as the Seller’s User Account remains active.
2. Seller’s use of PayemQuick Services on any Auction Site is permitted only with respect to a current and valid user account issued by the Auction Site for which Seller is the authorized account holder.
3. Seller expressly consents and authorizes PayemQuick to exercise all reasonable and lawful measures to verify the information provided by Seller upon Seller’s completion of the registration process and on an ongoing basis for so long as Seller’s User Account remains active. Such verification methods may include, without limitation, submitting an authorization request through the financial network for the Card number Seller provides during the registration process.
4. At the time of registration and for as long as Seller uses PayemQuick Services, Seller must have a valid U.S. bank account into which PayemQuick can remit funds by ACH and from which PayemQuick can debit funds by ACH, as applicable. Seller must be the authorized account holder for the Seller’s Bank Account number that Seller provides during the registration process and upon any subsequent updates thereto. The authorized account holder listed on Seller’s Bank Account MUST be identical to the name of the authorized account holder of the PayemQuick User Account, as such name is provided by Seller to PayemQuick during the registration process.
5. Seller understands and agrees that PayemQuick shall be entitled to debit funds from Seller’s Bank Account in the event of a cancelled order, a refund, for Disqualified Chargebacks, or other reasonable circumstances warranting any such debit. Seller hereby authorizes PayemQuick to initiate debit entries to Seller’s Bank Account on file with PayemQuick and to debit the same to such account. Seller acknowledges that the origination of ACH transactions to Seller’s Bank Account must comply with applicable U.S. laws. This authority shall remain in full force and effect until PayemQuick receives written notification from Seller of Seller’s revocation in such time and manner as to allow PayemQuick reasonable opportunity to act on it. Seller understands that Seller has the right to stop payment of a debit entry by notification to PayemQuick prior to charging the account and further that Seller has the right to have the amount of an erroneous debit immediately credited to Seller’s Bank Account by PayemQuick. If an ACH debit is returned due to a changed account number and Seller failed to notify PayemQuick of such change within ten (10) days of such change, Seller understands and agrees that PayemQuick will charge Seller a twenty-five dollar (US $25.00) fee for each such returned ACH debit. Notwithstanding the foregoing, in the event Seller revokes PayemQuick’s authority to initiate debit entries and debit Seller’s Bank Account, PayemQuick shall be entitled to terminate Seller’s User Account immediately.
6. A Disqualified Chargeback is any Chargeback associated with a Transaction that does not qualify for Seller Protection under 2.1.b above. As of the effective date of this Agreement, the Disqualified Chargeback fee is twenty-five dollars ($25.00).
7. Seller must be the authorized Cardholder for the Card number Seller provides during the registration process and upon any subsequent updates thereto. In the event PayemQuick is entitled to initiate an ACH debit and is unable to do so, Seller expressly authorizes PayemQuick to charge the Card on file for the amount of the ACH debit and the ACH return fee.
8. Seller shall not use any Buyer information for any purpose other than providing the goods and services to which such Buyers are entitled as a result of consummation of a Transaction, including communicating with Buyers for such purposes. Seller agrees not to rent, sell, or otherwise disclose any Buyer information to any third party.
9. Seller shall not disclose its User Account information or password to any third party. Seller assumes all responsibility, liabilities, damages, or other losses resulting from Seller’s disclosure of its User Account information to a third party or resulting from Seller’s negligence in maintaining the confidentiality of Seller’s User Account information. Seller agrees to immediately notify PayemQuick of any unauthorized use of Seller’s User Account information or any other breach of security with respect to Seller’s Card, Seller’s Bank Account, Seller’s User Account.
g. Delivery Confirmation Program. PayemQuick shall be entitled to place Seller in the Delivery Confirmation Program at anytime with written notice to Seller by e-mail. Terms of the Delivery Confirmation Program are as follows:
1. PayemQuick shall be entitled to place Seller in the Delivery Confirmation Program at PayemQuick’s sole discretion if PayemQuick reasonably believes that Seller poses, or that Seller Transactions pose, levels of risk that exceed PayemQuick’s internally established thresholds for acceptable risk levels, generally or with respect to Seller specifically. Factors that may cause PayemQuick to place Seller in the Delivery Confirmation Program include, without limitation, declining feedback trends, Buyer complaints, types of products offered and sold by Seller, and short history of Seller Transactions.
2. Once placed in the Delivery Confirmation Program, Seller must provide to PayemQuick a legitimate delivery confirmation tracking number for each completed order within ten (10) days of the final approval of the order showing the merchandise is en route to the intended addressee. The delivery confirmation tracking information will then be reviewed by PayemQuick to confirm the validity of the number provided. If Seller fails to provide valid proof of delivery confirmation tracking, PayemQuick will send e-mail notification of Seller’s failure to comply with the requirement (Suspension Notice), and Seller’s account will be suspended until Seller provides a valid delivery confirmation tracking number. If Seller fails to provide a valid delivery confirmation tracking number within three (3) days of the Suspension Notice, Seller’s account will be deactivated permanently. Any additional occurrences of Seller’s failure to comply with the delivery confirmation requirements will also result in immediate and permanent deactivation of Seller’s account.
3. PayemQuick may remove Seller from the Delivery Confirmation Program at PayemQuick’s sole and absolute discretion.
h. Seller Fees.
1. In consideration of the PayemQuick Services provided to Seller under this Agreement, for each Transaction, Seller agrees to pay the fees set forth below (Seller Fee).
2.50% + $.30
Transactions: $10-$100
2.50% + $.30
Transactions: $100 plus
2.50% + $.30
* As a percentage of the total U.S. dollar amount of the Card payment.
2. For each Transaction, the Seller Fee will be deducted from the Card payment submitted by the Buyer for such Transaction and received by PayemQuick (Net Payment). PayemQuick will remit the Net Payment to Seller within three (3) business days of PayemQuick’s receipt of the funds from the applicable Issuing Bank.
3. In addition to the Seller Fee imposed by PayemQuick, the Destination Bank may impose additional fees on Seller, resulting in the delivery of an amount that is less than the total amount remitted by PayemQuick to Seller. Any questions about fees or services related to Seller’s Bank Account should be addressed directly to the Destination Bank.
4. The Seller Fee may only be modified by a written agreement executed by both Seller and PayemQuick.
Section 2.2 PAYEMQUICK SERVICES FOR BUYER
a. Scope of PayemQuick Services. Subject to the terms and conditions of this Agreement, with respect to User, PayemQuick shall perform the following services:
1. create and host a User Account on behalf of User upon PayemQuick’s verification and approval of information submitted by User during the registration process at www.PayemQuick.com, if applicable;
2. remit to the appropriate Seller, in U.S. dollars, funds applicable to the Transaction for which User submits a Card payment to PayemQuick, after deduction of applicable fees, penalties, fines, and/or Chargebacks that may be assessable to Seller; and,
3. provide to User standard customer support services to address User inquiries regarding its use of PayemQuick Services, such services to be provided during PayemQuick’s normal business hours by e-mail or telephone.
b. Buyer Requirements. To use PayemQuick Services, Buyer must be in full compliance with the terms and conditions of this Agreement, including the following:
1. Buyer must provide complete, true, current, and accurate information as prompted during the PayemQuick registration or Payment process. Information required may include, without limitation, name, address, telephone number, e-mail address, credit card number, expiration date, Buyer’s user identification for the online auction site(s) for which Buyer intends to use PayemQuick Services. If Buyer creates a User account, Buyer must keep current, accurate, and complete all information contained within the Buyer’s User Account for so long as the Buyer’s User Account remains active.
2. Buyer’s use of PayemQuick Services on any Auction Site is permitted only with respect to a current and valid user account issued by the Auction Site and for which Buyer is the authorized account holder.
3. Buyer expressly consents and authorizes PayemQuick to exercise all reasonable and lawful measures to verify the information provided by Buyer upon Buyer’s completion of the registration or Payment process and if Buyer has a User account on an ongoing basis for so long as Buyer’s User Account remains active. Such verification methods may include, without limitation, submitting an authorization request through the financial network for the Card number Buyer provides during the registration or Payment process. Buyer must be the authorized Cardholder for the Card number Buyer provides during the registration or Payment process and upon any subsequent updates thereto.
4. Buyer shall initiate a Payment using only a Card for which Buyer is the Cardholder and any such Payment shall be submitted in U.S. dollars. Buyer acknowledges and agrees that initiation of a Payment through PayemQuick constitutes Buyer’s express consent and authorization for PayemQuick to immediately charge to or withdraw from the account associated with the Card Buyer provides during the Payment process or the User Account registration process.
5. Buyer shall not use any Seller information for any purpose other than for paying for the goods and services as a result of a Transaction, including communicating with Sellers for such purposes. Buyer agrees not to rent, sell, or otherwise disclose any Seller information to any third party.
6. If Buyer creates a User account, Buyer shall not disclose its User Account information or password to any third party. Buyer assumes all responsibility, liabilities, damages, or other losses resulting from Buyer’s disclosure of its User Account information to a third party or resulting from Buyer’s negligence in maintaining the confidentiality of Buyer’s User Account information. Buyer agrees to immediately notify PayemQuick of any unauthorized use of Buyer’s User Account information or any other breach of security with respect to Buyer’s Card or Buyer’s User Account.
ARTICLE III : WARRANTIES AND DISCLAIMERS
Section 3.1 User Warranties
a. User represents and warrants that, at the time of completing the PayemQuick registration or Payment process, User is at least 18 years of age.
b. User further represents and warrants that User has full right and authority to register for and use the PayemQuick Services and to enter into this Agreement.
c. User further represents and warrants that it will, at all times during the term of this Agreement, comply with all applicable laws, regulations, statutes, ordinances, and the terms and conditions of this Agreement.
Section 3.2 Disclaimers
a. THE PAYEMQUICK SERVICES PROVIDED HEREUNDER ARE PROVIDED AS IS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. THIS DISCLAIMER OF WARRANTY EXTENDS TO USER AND USER’S CUSTOMERS AND IS IN LIEU OF ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS AND SERVICES, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
b. EXCEPT AS OTHERWISE EXPRESS SET FORTH IN THIS AGREEMENT, USER UNDERSTANDS AND AGREES THAT PAYEMQUICK SHALL BEAR NO RISK WITH RESPECT TO USER’S SALES OF ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CREDIT CARD FRAUD OR CHARGEBACKS.
c. PayemQuick only provides a payment service. PayemQuick has no control over the goods and services that are paid for through the PayemQuick Service. PayemQuick has no responsibility and cannot ensure that a Seller will actually complete, ship, or provide the goods or services for the Transaction which Buyer submits a Card payment. USER UNDERSTANDS AND AGREES THAT ANY DISPUTES WITH RESPECT TO A TRANSACTION OR ORDER, INCLUDING, WITHOUT LIMITATION, DISPUTES REGARDING DELIVERY, QUALITY, COMPLETENESS, OR OTHER ISSUES ARE TO BE RESOLVED BETWEEN THE SELLER AND BUYER.
d. While PayemQuick initiates the transfer of funds to the bank maintaining Seller’s Bank Account (Destination Bank) using the ACH network, the Destination Bank and any intermediary banks or other financial institutions are solely responsible for crediting the Seller’s Bank Account. Transfer of funds by ACH will generally be credited to Seller’s Bank Account within three (3) business days after the ACH is initiated by PayemQuick, subject to the banks’ operating hours, including local holidays. The Destination Bank may apply its own rules concerning availability of funds. ACH transfers that exceed certain amounts or that implicate certain regulatory issues may take longer, be subject to dollar limits, or be subject to additional restrictions. Transactions may be reported to applicable authorities by the Destination Bank under certain circumstances.
e. PayemQuick does not act as the agent or representative of any Destination Bank or the National Automated Clearing House Association for any purpose and does not accept deposits on behalf of any bank or financial institution. PayemQuick accepts no responsibility to User for any acts or omissions of the Destination Bank or intermediary financial institutions. PayemQuick does not endorse or recommend the services of any specific bank or financial institution.
ARTICLE IV : INDEMNIFCATION AND LIMITATION OF LIABILITY
Section 4.1 Indemnification. User agrees to defend, indemnify, and hold harmless PayemQuick, its parent, affiliates, officers, directors, employees and agents, and the successors and assigns of the foregoing, from and against any and all damages, costs, losses and expenses (including reasonable attorneys’ fees) and other liability to third parties arising out of User’s breach of any terms and conditions contained in this Agreement or User’s violation of any law or rights of a third party relating to User’s use of PayemQuick Services.
Section 4.2 Limitations of Liability:
a. UNDER NO CIRCUMSTANCES SHALL PAYEMQUICK, ITS PARENT, AFFILIATES, OR EMPLOYEES BE LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF PAYEMQUICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR USER’S LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE
b. THE ENTIRE LIABILITY OF PAYEMQUICK, ITS PARENT, AFFILIATES, OR EMPLOYEES TO USER OR ANY THIRD PARTIES UNDER THIS AGREEMENT, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE ACTUAL OUT OF POCKET DIRECT DAMAGES INCURRED BY USER. IN NO EVENT SHALL PAYEMQUICK, ITS PARENT, AFFILIATES, OR EMPLOYEES BE LIABLE TO USER IF LOSSES RESULT FROM ANY OF THE FOLLOWING CONDITIONS:
1. use of PayemQuick Services in a manner that violates applicable laws, regulations, statutes, ordinances, or the terms and conditions of this Agreement
2. losses or delays in transmission of instructions arising out of the use of any Internet access service provider or caused by any browser or other software;
3. User’s provision of incorrect or incomplete information to PayemQuick;
4. User’s payment instructions are not given sufficiently in advance to allow for timely provision of the PayemQuick Services requested by User;
5. malfunction or inoperability of any equipment or systems of which User knew or had been advised before User started any transmission to PayemQuick;
6. insufficient credit of User’s Card to cover the amount of the Payment;
7. circumstances beyond PayemQuick’s reasonable control, such as, but not limited to, power outages, fire, flood, mechanical, telecommunications or systems failures, despite reasonable precautions taken by PayemQuick;
8. interception of payments by legal process or other encumbrances restricting execution of the Card payment,
9. suspension or termination of the User Account for any reason;
10. PayemQuick’s inability to confirm User’s identity; or,
11. suspected fraud.
ARTICLE V : GENERAL TERMS
Section 5.1 Term. This Agreement shall commence on the Effective Date, as defined above. Thereafter, the Agreement shall remain in full force and effect until either party terminates this Agreement by written notice to the other party with or without reason. This Agreement may be terminated by User anytime by contacting PayemQuick customer support, writing a letter of termination to PayemQuick at the Notice address below, or by logging into the applicable User Account and indicating that the User Account shall be closed.
Section 5.2 Copyright and Trademarks. The content and all intellectual property pertaining to the PayemQuick website and PayemQuick Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by PayemQuick or third parties, and all right, title and interest therein and thereto shall remain the property of PayemQuick and/or such other third parties. The PayemQuick website and PayemQuick Services may be used only for the purposes permitted by this Agreement or described on the PayemQuick website. User is authorized solely to view and to retain a copy of the pages of the PayemQuick website for User’s own personal use. User may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the PayemQuick website, PayemQuick Services, or any portion thereof for any public or commercial use without the express written permission of PayemQuick. Except as provided in the following section, User agrees not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the PayemQuick website or printed pages thereof. The name PayemQuick and other names and indicia of ownership of PayemQuick's products and/or services referenced on this site are the exclusive marks of PayemQuick. Other products, services, and company names appearing on the site are the trademarks of their respective owners.
Section 5.3 Links to Other Web Sites. The PayemQuick website may contain links and pointers to other Internet sites and resources (the Linked websites). Links to any Linked website do not constitute endorsement by or association with PayemQuick, its parent, or any of its affiliates, of any third party resources or their contents. Links do not imply that PayemQuick is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked websites are authorized to use any trademark, trade name, logo or copyright symbol of PayemQuick or any of its affiliates. User should direct any concerns regarding any Linked website to such Linked website's site administrator or webmaster. PayemQuick and its affiliates and service providers do not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked website. User acknowledges that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked website shall be at User’s sole risk.
Section 5.4 PayemQuick License. Without limiting any of PayemQuick’s rights, PayemQuick grants to Seller a non-exclusive, limited, non-transferable, revocable license to display on Seller’s online listing on the relevant web site (Listing) one or more of the links to the PayemQuick website made available to Seller on the PayemQuick website (Links to PayemQuick) solely for the purpose of providing access from Seller’s Listing to the PayemQuick website. The Links to PayemQuick must be displayed exactly as presented on the PayemQuick website and in a manner that avoids the creation or impression of sponsorship of Seller, Seller’s merchandise, or Seller’s Listing by PayemQuick. Seller may not make any representations, warranties, or other statements about PayemQuick, the PayemQuick website or PayemQuick Services, without the prior written consent of PayemQuick. Seller may not display the Link to PayemQuick on any Listing or web site promoting, displaying, or containing advertising concerning illegal, fraudulent, speculative, deceptive, manipulative, gambling, investment, insurance, obscene or offensive activity or use the Link to PayemQuick in connection with a stored value program.
Section 5.5 Governing Law; Consent to Jurisdiction. This Agreement will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California, excluding (i) that body of law known as conflicts of law and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Santa Clara County, California, and the parties hereby expressly consent to jurisdiction therein.
Section 5.6 Assignment. This Agreement may not be transferred or assigned by User without the prior written consent of PayemQuick. Any attempts by User to assign any of its rights or delegate any of its duties hereunder without the prior written consent PayemQuick shall be null and void.
Section 5.7 Entire Agreement. This PayemQuick Services Agreement and most current version of the PayemQuick Privacy Statement constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Section 5.8 Modifications, Amendments, and Waivers. This Agreement may not be modified or amended, including by custom, usage of trade, or course of dealing, except by an instrument in writing signed by duly authorized employees of both of the parties hereto. The waiver by either party of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself. PayemQuick reserves the right to amend this Agreement at any time, at its sole and absolute discretion, by posting the amended agreement on the PayemQuick website, provided that PayemQuick gives Users notice by e-mail of any such amendments no less than fifteen (15) calendar days from the effective date of such amended agreement. User’s use of the PayemQuick Services on or after the effective date of any such amended agreement shall constitute User’s acceptance of the terms and conditions of the amended agreement.
Section 5.9 Survival. The provisions of this Agreement relating to payment of any fees or other amounts owed, confidentiality, disclaimers, warranties, limitation of liability, indemnification, governing law, severability, headings, and this paragraph shall survive any termination or expiration of this Agreement.
Section 5.10 Severability. If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Section 5.11 Headings. The headings in this Agreement are intended for convenience or reference and shall not affect the Agreement’s interpretation.
Section 5.12 Notices. Unless otherwise expressly set forth in this Agreement, any legal notice required under this Agreement shall be given in writing at the address set forth below, as may be amended in writing from time to time, and shall be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered by hand courier to the party to whom such notice is directed; (ii) two (2) business day after deposit with a commercial overnight carrier; (iii) five (5) business days when mailed by United States mail; and, (iv) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission.
If to User:
The then most current name and address provided by User, as such information is contained in the User Account.
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A. OUR COMMITMENT TO PRIVACY
Thank You for visiting the PayemQuick® website. Protecting Your privacy is very important to us. The purpose of this Privacy Statement is to inform You about our policies regarding the collection and use of personal and non-personal information. We use and disclose Your personal information only in accordance with the terms of this Privacy Statement. Your use of any services provided through www.PayemQuick.com constitutes your acceptance of the terms in this Privacy Statement.
This Privacy Statement applies to sellers of goods and services online that receive payments through PayemQuick (“Sellers”), buyers of goods and services online that submit payments through PayemQuick (“Buyers”), and any other individuals reading this Privacy Statement or submitting information through this website. The terms “You,” “Your,” or any derivative thereof refer to any of the foregoing categories of individuals. The terms “User” or “Users” refer to either Sellers or Buyers, as applicable. The terms “we,” “us,” or any possessive forms thereof, refer to PayemQuick.com, Inc.
B. COLLECTION OF INFORMATION
PayemQuick collects both personal and non-personal information in order to offer or provide services to You. Information we may collect about you include, without limitation, name, mailing address, shipping address, telephone number, fax number, e-mail address, Internet Protocol (“IP”) address, credit card information, and bank account information. We may obtain this information from a variety of sources, including the following:
- User registrations;
- responses submitted to PayemQuick questionnaires You complete and submit to PayemQuick;
- inquiries submitted by You to PayemQuick;
- information otherwise submitted to us by You;
- transactions processed by PayemQuick on Your behalf;
- clickstream activity on our website (including the use of "cookies" and or "web beacons," as discussed below); and various third-party sources, such as government agencies, consumer reporting agencies, and financial institutions.
NOTE: PayemQuick will NEVER collect or ask for your social security number. If you receive any communication from someone purporting to be PayemQuick and that communication asks for your social security number, you SHOULD NOT respond to the communication. Furthermore, PayemQuick collects credit card or banking information only during the course of user registration and transaction processing services. PayemQuick will NEVER ask for your full credit card number or complete banking information by e-mail or over the phone. If you receive a communication from someone purporting to be PayemQuick and that communication asks for your full credit card number or bank account number, you SHOULD NOT respond to the communication. PayemQuick may ask for the last four digits of your credit card number by telephone for the purpose of verifying your identity during customer support calls.
C. USE OF COOKIES AND WEB BEACONS
A "cookie" is a small text file placed on Your computer’s hard drive by a web server that is acknowledged by Your web browser. "Web beacons" are transparent electronic images placed in the web code, also called "clear GIFs" or "Web bugs." We use cookies and/or web beacons for a variety of purposes, including, but not limited to, the following:
- to assist us in providing our services to You;
- to populate frequently used forms;
- to allow You to change pages during Your visit to our website without repeatedly having to re-enter Your password;
- to offer personalization and an improved user experience while on PayemQuick;
- to track activity on our website;
- to determine whether You came to our site from a banner ad or an affiliate website; or, to serve ads to You on this and other websites.
You can usually set parameters on Your computer that allow You to elect to accept cookies or to have Your browser notify You each time a cookie is offered. You can also usually delete cookies from Your hard drive. Please refer to Your Internet browser “Help” functions for instructions on how to accept cookies, on how to be notified that a cookie is being offered, and on how to delete cookies.
D. DISCLOSURE OF INFORMATION
1. Except as described in Section D.2. below, PayemQuick does not disclose Your personally identifying information to third parties without first giving You an opportunity to opt out of such disclosures. Furthermore, PayemQuick never sells or rents Your personally identifying information. The types of disclosures from which you can opt out include, without limitation, the following:
- disclosures to companies that provide marketing services on our behalf;
- disclosures to companies that conduct surveys on our behalf;
- disclosures to companies that provide e-mail distribution services; and,
- disclosures to companies that provide statistical analyses.
Any third parties to which such disclosures are made are contractually obligated to us to maintain the confidentiality of Your information, not to further disclose Your information, and to use Your information only for the intended purposes. If You do not wish for PayemQuick to disclose Your information as described in this Section D.1., You may opt out of such disclosures by logging into Your PayemQuick account under “My Account” and electing to opt out. State of Vermont resident, please see Section H below.
2. There are some disclosures to third parties that are not subject to the opt-out right, such as disclosures to:
- financial institutions to process, effect, or administer transactions on behalf of Users;
- companies that facilitate selling and buying on behalf of Users;
- companies for identity verification and fraud prevention;
- companies that provide security services;
- companies that provide customer support services on our behalf;
- companies and agencies for dispute resolution purposes;
- companies that provide data archiving services;
- companies and agencies as necessary to enforce legal and contractual rights and obligations;
- our affiliates and parent company, including CyberSource Corporation;
- our legal and financial advisors; and,
- government and law enforcement agencies made pursuant to a valid court order or subpoena.
Any third parties to which the disclosures pursuant to this Section D.2. are made are contractually obligated to us or otherwise legally obligated to maintain the confidentiality of Your information, not to further disclose Your information, and to use Your information only for the intended purposes, all except as provided or required by law.
If You do not wish for PayemQuick to disclose Your information as described in this Section D.2., please DO NOT register for or use the PayemQuick services.
E. USE OF INFORMATION
1. Except as described in Section E.2. below, PayemQuick does not use Your personally identifying information without first giving You an opportunity to opt out of such disclosures. Unless You elect to opt out of such use, PayemQuick may use Your information for the following purposes:
- to contact You to notify You of promotions and to provide You with general information about the company and our services;
- to contact You to provide You with general information about our affiliates or out parent company;
- to contact You to notify You of products and services offered by third parties that we believe may be of use to You; and,
- to contact You to conduct customer surveys.
2. We may use Your information for the following purposes, which are not subject to Your opt out rights:
- provide PayemQuick services on behalf of Users;
- respond to Your inquiries;
- fraud screening;
- identity verification;
- provide customer support services to Users;
- collection of funds;
- maintain the security of our website, services, and the company generally;
- analyze business trends, administer the website, improve website performance, gather broad demographic information;
- internal business analysis;
- data archival and disaster recovery;
- dispute resolution;
- enforce legal and contractual rights and obligations;
- conduct internal investigations; and,
- respond to valid court orders or subpoena issued by governmental agencies.
If You do not wish for PayemQuick to use Your information as described in this Section E.2., please DO NOT register for or use the PayemQuick services.
3. Your information is stored in servers and databases maintained in the United States. If you do not wish to transfer to or have Your information stored in the United States, please DO NOT register for or use any PayemQuick services.
F. SECURITY OF INFORMAITON
1. PayemQuick limits access to personal information to those employees of PayemQuick and its affiliates who need it to fulfill their business responsibilities. Employees must adhere to PayemQuick policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal and criminal prosecution. Vendors and other outside contractors we engage are subject to our contractual requirements to ensure that sensitive personal information is safeguarded.
2. At PayemQuick, security is a priority. We employ appropriate measures to protect personally identifying information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security, electronic and procedural safeguards, and other appropriate procedures and technologies. PayemQuick continually reviews and enhances its security systems, as necessary.
G. QUALITY OF INFORMATION
PayemQuick employs appropriate measures to assure the quality of information we collect directly from You. Where information is collected by PayemQuick directly from You or sources other than our business customers, we permit them, if possible, to dispute or correct any erroneous or out-of-date personally identifiable information. Of course, this correction would not be possible if the information is proprietary to one of our business customers, reflects historical transaction information, or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can access Your registration information by clicking on "My Account". You can correct factual errors in Your personally identifying information by: (1) personally making online changes to Your account information; or, (2) By sending us a written request that credibly shows error. You can mail or fax this request to:
PayemQuick.com
9112 Camp Bowie W #308
Fort Worth, TX 76118
ATTEN: Legal Department
We reserve the right to independently verify claims made and to contact You for further verification purposes. To protect Your privacy and security, we also will take reasonable steps to verify Your identity before making corrections.
H. OPT OUT RIGHT (NON-VERMONT CONSUMERS)
1. Non-Vermont Consumers
PayemQuick may disclose Your information to third parties as described earlier in this Privacy Statement. Many of these disclosures can be beneficial to You because they enable You to receive information about goods or services that may be of interest to You. We strive to give You choices about how Your data will be used. You have the right to opt-out of (direct us not to make) these disclosures. Of course, there are some disclosures to third parties that are not subject to the opt-out, as described in Section D.2. above.
If You wish to opt out, simply check the box directing us not to disclose Your personal information to third parties as described in Section D.1. above and submit Your choice during the registration process. You always have the right to change Your mind. If You do not opt out, we’ll assume that You have agreed that PayemQuick may disclose and use Your information in the manner described earlier in this Privacy Statement.
PayemQuick maintains the information it collects on each transaction for a fixed time period. In the event You perform a transaction and exercise Your right to opt out, Your information and Your opt out decision will be maintained for the fixed time period. In the event You do not perform another transaction during the fixed time period, Your personal information, as well as Your opt out election, will be removed from our records. After the removal of Your information from our records, You will have to exercise Your right to opt out again if You provide us with Your information again.
2. Vermont Consumers
PayemQuick will not disclose nonpublic personal information about You to nonaffiliated third parties (other than as permitted by law) unless You authorize us to make that disclosure. Your authorization must be in writing, or, if You agree, in electronic form. If You wish to authorize us to disclose Your nonpublic personal information to nonaffiliated third parties, You may write to us at
PayemQuick.com
9112 Camp Bowie W #308
Fort Worth, TX 76118
ATTEN: Legal Department
Your written or electronic authorization must contain Your name, address and signature and state that You authorize us to disclose Your nonpublic personal information to nonaffiliated third parties. You may revoke Your consent at any time by writing to us at the address provided above.
I. MISCELLANEOUS
PayemQuick is committed to meeting the highest standards for our privacy program. If You have any questions or comments about PayemQuick's Privacy Statement, or for some reason believe we have not adhered to our statement, please contact our customer support team at
PayemQuick.com
9112 Camp Bowie W #308
Fort Worth, TX 76118
ATTEN: Legal Department
We may alter this statement as needed for certain products and services and to abide by applicable laws or regulations around the world. PayemQuick reserves the right to amend or modify this statement from time to time. We urge You to review this statement whenever You visit in order to obtain the most current statement. You may change Your choices at any time.
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