Terms and Conditions

Last Updated: 08/26/2024

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

USA Payments LLC (the “Company”) maintains this website (the “Site”) as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the “Services”) in accordance with an applicable service agreement (“Service Agreement(s)”), you are agreeing to comply with and be bound by the terms and conditions of these Terms of Use and any operating rules, regulations, policies, and procedures that may be modified from time to time on the Site (collectively, the “Terms”). The Terms govern your access to and use of the Site, the Services, and any information, products, software, and/or features made available to you.

If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. In the case of any violation of the Terms, USA Payments LLC reserves the right to seek all remedies available by contract, law, and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES, OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.

1. Services Provided
We provide credit card processing and related services to businesses (“Merchants”) for the purpose of facilitating transactions between Merchants and their customers. Our Services include, but are not limited to, payment gateway services, fraud detection, and account management.

2. Merchant Responsibilities
As a Merchant, you agree to:

• Use the Services in accordance with all applicable laws and regulations.
• Provide accurate and up-to-date information about your business.
• Maintain the security and confidentiality of your account credentials.
• Promptly update your account information if there are any changes.

 

3. Fees and Payment Terms
You agree to pay all fees associated with the use of our Services as outlined in the pricing agreement provided to you. Fees may include, but are not limited to, transaction fees, monthly fees, chargeback fees, and any additional fees for optional services.

• Transaction Fees: A fee will be charged for each transaction processed through our Services. The fee structure is outlined in your pricing agreement.
• Chargebacks: If a transaction is disputed by a customer and results in a chargeback, you are responsible for the chargeback amount and any associated fees.
• Payment Terms: Fees will be deducted from your account on a regular basis as outlined in your pricing agreement. All payments are non-refundable.

 

4. Term and Termination
These Terms are effective as of the date you accept them and will continue in effect until terminated by either party. Either party may terminate these Terms and the Services at any time with or without cause by providing written notice to the other party.
Upon termination, you must cease all use of the Services and settle any outstanding fees owed to us.

5. Data Security and Privacy
We are committed to protecting your data and the data of your customers. Our Services are designed to meet industry standards for data security, including PCI DSS compliance.

• Data Collection: We collect and process personal information as necessary to provide our Services. This includes transaction data, customer information, and Merchant account details.
• Data Sharing: We will not share your personal information with third parties for marketing purposes. We may share data with service providers who assist us in delivering the Services, but only as necessary and with appropriate safeguards.
• Data Security: We implement reasonable security measures to protect against unauthorized access, alteration, disclosure, or destruction of your data.

 

Message frequency varies per user.; Message and data rates may apply.; Text HELP for help. Text STOP to unsubscribe.; Carriers are not liable for delayed or undelivered messages. Please review our Privacy Policy for more detailed information on how we collect, use, and protect your data.

6. Indemnification
You agree to indemnify, defend, and hold harmless USA Payments LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, and expenses arising out of or related to your use of the Services, including any breach of these Terms.

7. Limitation of Liability
To the fullest extent permitted by law, USA Payments LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising out of or related to these Terms or the Services shall not exceed the amount of fees paid by you to us in the six months preceding the event giving rise to the claim.

8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Ventura County, California.

9. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Services following any changes constitutes your acceptance of the new Terms.

10. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: These Terms constitute the entire agreement between you and USA Payments LLC regarding the use of the Services and supersede any prior agreements or understandings.

11. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
USA Payments LLC
3525 Old Conejo Rd, Suite 106
Thousand Oaks, CA 91320
Phone: (877) 267-1555
Email: [email protected]