Legal
Notice: Please read the following information carefully before using the PaySimple web site or purchasing a PaySimple account. By using the PaySimple web site ("Site"), you accept these terms and conditions("Terms"). If you do not accept these Terms, do not use this Site.
PaySimple may revise these Terms at any time by updating this posting, thus it is advised that you regularly visit this page to review the terms and conditions for use of this site which are BINDING ON YOU.
TERMS OF USE
General
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 demo 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.
Online Contests and Drawings
The following rules and conditions apply to any and all contests/drawings administered in whole or in part through the PaySimple website.
- NO PURCHASE NECESSARY, unless specifically noted otherwise.
- The contest/drawing is open to all persons who are at least 18 years of age. Employees (and their immediate families and household members) of PaySimple, Inc. ("PaySimple"), and its affiliates, subsidiaries, partners and advertising and promotion agencies, (and their immediate families and household members) are not eligible.
- All entries become the property of PaySimple and will not be acknowledged or returned. Entry constitutes permission to use the winners' names, place of business, and winners' city and state of residence(s) in advertising and on the Web Site for no additional compensation.
- No more than one entry per contestant.
- Drawings for winners will be done by the date posted on the contest page, through a random selection program and will take place under the supervision of PaySimple. Odds of winning depend on the number of eligible entries received. Participants agree to be bound by these rules. A list of winners is available by request from sales@paysimple.com.
- Prizes will be shipped to the winner within thirty (30) days of the close of the contest. Alternative prizes, cash, or other substitutions are not permitted. Prize is nontransferable but PaySimple reserves the right, in its sole discretion, to substitute prizes of equal or greater value. PaySimple is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winner.
- PaySimple shall not be responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond the control of PaySimple that may cause the contest to be disrupted or corrupted; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the contest/drawing; or (v) any printing or typographical errors in any materials associated with the contest/drawings. PaySimple reserves the right, in its sole discretion, to suspend or cancel any contest/drawing at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play or implementation of the contest/drawing.
- Contests/Drawings are void where prohibited or restricted by law and are subject to all Federal, State and local laws and regulations. All taxes on prizes are the sole responsibility of the winners.
Limitation of Liability
PaySimple will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages arising out of the use or inability to use the contents of this Site, even if advised of the possibility of such damages.
Applicable Laws
PaySimple administers this Site from Denver, CO, and makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.This agreement is governed by Colorado law as such laws apply to agreements entered into and to be performed entirely within Colorado between Colorado residents. Any claim arising out of or relating to this agreement or PaySimple.com shall be settled by binding arbitration in Denver County, Ohio 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 appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Denver County, CO court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
PAYSIMPLE TERMS AND CONDITIONS OF SALE
Both you (the "Customer") and PaySimple, Inc. ("PaySimple") agree that the purchase and sales 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.
PaySimple, INC. -- GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of sale, together with any specific provisions set forth in the PaySimple price quote, purchase order, or invoice describing your purchase, contains the entire agreement applicable to purchases of products and services from PaySimple, Inc. ("PaySimple"). By logging-in to the PaySimple system you ("Customer") accept and agree 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 by the use of any other documents, except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for products or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by PaySimple.
Online Orders
PaySimple sells online to residents of the US and Canada only. All orders are subject to acceptance by PaySimple. PaySimple's booking of an order placed through the online order form shall constitute its acceptance of the order, and an email will be sent to the Customer confirming this order. 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 qualify for the bank accounts required to use the PaySimple system.
Prices and Payment
All prices are subject to change without notice. Unless otherwise stated on the quotation, 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. Unless otherwise agreed to by PaySimple, 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 maintenance fees, transaction fees, and custom programming fees. All sums not paid when due as a result of insufficient funds or any other reason shall accrue interest daily at the lesser of a monthly rate of 1.5% or the highest rate permissible by law on the unpaid balance until paid in full. Orders are entered and accepted by PaySimple as soon after they are received from Customer as possible. However, PaySimple is not responsible, and will not be held liable for, any processing delays or for any damages which may result from said delays.
TAXES
Prices are exclusive of, and Customer shall pay, applicable sales, use, service, value added or like taxes, unless Customer has provided PaySimple with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities.
CANCELLATION/CHANGE POLICY
Any customer purchasing a PaySimple account can cancel that account within the first 90 days of activation for a full refund of the set-up fee, provided that customer has actively used the PaySimple system for 60 days and has processed at least 30 transactions in that time. Monthly fees and transaction-related fees, including but not limited to ACH/electronic check transaction fees, credit card inquiry fees, credit card merchant fees, and merchant account statement fees are non refundable. Cancellation of the account must be made in writing and mailed to PaySimple, 1517 Blake St, Denver, CO 80202. Notice of cancellation must be received by PaySimple no later than 90 days after activation in order to receive credit for the set-up fee. Refunds will be directly credited to customer's bank account.
FORCE MAJEURE
PaySimple shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer, interruptions of transportation or inability to obtain necessary labor or materials. In the event PaySimple is unable to perform in whole or in part because of any excusable failure to perform, PaySimple may cancel orders without liability to Customer
GOVERNING LAW/ARBITRATION
This agreement is governed by Colorado law as such laws apply to agreements entered into and to be performed entirely within Colorado between Colorado residents. Any claim arising out of or relating to this agreement or PaySimple.com 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 appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Denver, CO court to protect the party's rights or property while arbitration is pending, and (b) at our option, we 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 in this 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 permission of PaySimple, Inc. The trademarks and trade-names used herein are registered to their respective owners.
