Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Application(s), including but not limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the Application(s); (ii) using accounts, account numbers, or attempting to authorize transactions through accounts for which you do not have full authority to conduct such activities; (iii) disseminating or transmitting any materials or messages that do not pertain to the intended use of the Application(s) or that contain anything that is obscene, defamatory, harassing, offensive, or malicious; (iv) disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes the Intellectual Property right of any person or entity; (v) exporting, re-exporting, or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation, or restriction; (vi) interfering with, disrupting, or attempting to gain unauthorized access to information or other accounts hosted on the Application(s); (vii) attempting to copy, modify, or reverse engineer the Application(s), without the express written permission from an authorized representative of Provider; or (viii) engaging in any other activity deemed by the Provider to be in conflict with the spirit or intent of this EULA or the intended use of the Application(s). Provider hereby expressly disclaims any and all liability arising from or relating to End User’s violation of this Acceptable Use Policy. Except as required by applicable law that cannot be waived, you agree that you will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against the Provider arising from, concerned with, or otherwise relating to, in whole or in part, End User’s violation of this Acceptable Use Policy.
End User Account Information. It is solely your responsibility to maintain current and accurate information for your account within the Application(s). If you fail to maintain a current and valid email address, you will not be notified when Information becomes available through the Application(s) and you will not be provided payment confirmations by email. You assume responsibility for all consequences arising from your failure to maintain accurate account information within the Application(s).
Application Access. Provider shall make the Application(s) available over either the Internet or Customer’s intranet to allow the End User to electronically and remotely access the Application(s). You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible Web browser), and services for you to effectively access the Application(s). You are responsible for upgrading and configuring your internal systems (e.g., network or Intranet settings, Internet routing, fire walls, and Web browsers) to be and remain compatible with and optimize the performance of the Application(s). You acknowledge that the availability and performance of the Application(s) may be subject to interruption or delay due to causes beyond the reasonable control of Provider.
The Application(s) are not the "system of record" for financial information (e.g., balances, transactions, etc.), but rather merely a means to access information. The “system of record” is maintained at the credit card processor.
User Codes. Your access to the Application(s) will be controlled by a user name and password (collectively referred to as “User Codes”), as well as the authorization approved by the Customer’s program administrator. The User Codes are for your personal use only, and you agree not to disclose them to any third party. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient policies, procedures, and controls and taking such actions to protect against disclosure of your User Codes. You are responsible for all statements made, acts or omissions that relate to your user account while access to the Application(s) is obtained using your User Codes, regardless of whether you authorized such use. You are responsible for any damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the confidentiality of your User Codes. You agree to IMMEDIATELY notify both the Provider (using the “Contact Us” link) and your program administrator if you become aware or suspect that your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual unauthorized use of the Application(s).
Payment Authorization. If you make a payment request through the Application(s) (payment features may not be available to all users), you hereby acknowledge, agree, and represent that: (i) you are a legal owner of the Paying Account to be debited upon payment, and you have full authority to authorize such payments; (ii) Provider and the Payment Institution are authorized to debit the Paying Account from time to time in accordance with your specific authorization; (iii) Provider is authorized to maintain information concerning your Paying Account and to process your payment requests; (iv) you will ensure that the Paying Account information is accurate each time a payment is requested and that there are sufficient funds in the Paying Account to cover such payment request; (v) any payment requests made through the Application(s) may take 3 to 5 business days or longer before the payment is posted to the payee account; (vi) you are solely responsible for submitting payment requests far enough in advance to ensure timely payment; and (vii) Provider is not liable for any penalties, overdraft charges, insufficient fund charges, or late payment charges resulting from your failure to maintain sufficient funds to cover such payment requests or delays in processing the payment request.
You understand and accept that transmissions across the Internet can fail for various reasons and without warning. A payment request will not be considered transmitted to Provider until you receive an email confirmation of such payment request and/or online payment receipt with a unique tracking number (“Payment Confirmation”). Until you receive a Payment Confirmation, do not assume that Provider has received your payment request. Regardless of whether you receive a Payment Confirmation, your payment request will not be fulfilled if there is an inaccuracy in the Paying Account information provided by you or if there are insufficient funds available in the Paying Account. You will not be notified through the Application(s) about such payment failures and Provider will not be liable for such payment failures, including any associated fees or charges incurred by you.
This is a business pre-authorized debit plan for sporadic debits in variable amounts, as authorized by you through the Application(s) from time to time. Each debit must be specifically authorized by you if you wish to use the Application(s) to make a payment to the Provider. Provider will not automatically debit your Paying Account on a monthly basis and it is your responsibility to initiate payment each month (unless a recurring payment has been established).
You may cancel this authorization at any time on written notice to Provider at the following address:
1 TSYS Way
Columbus GA 31901
Any such notice shall take effect ten (10) business days after receipt by the Provider. You may obtain a sample cancellation form, or more information regarding your cancellation rights, at your Financial Institution.
You have certain recourse rights if any debit does not comply with this Payment Authorization and the specific authorization for the payment. For example, you have the right to receive reimbursement for any debit made by the Provider that is not authorized or is not consistent with this Payment Authorization and the specific authorization for the payment. To obtain a form for a reimbursement claim, or for more information on your recourse rights, you may contact your Financial Institution.
The Financial Institution will remain the “originator” of any payment request submitted through the Application(s) for purposes of complying with federal and state banking laws, regulations, or rules. Other third parties involved in providing the Application(s) may not be governed by such laws, regulations, or rules and do not assume the responsibilities of the “originator”.
Joint Accounts. If the Paying Account is a joint account (an account having more than one owner) then each joint account owner shall be bound by all terms and conditions of this EULA for purposes of payment requests made through the Application(s) that debit such joint accounts. Each joint account owner agrees that they are jointly and severally liable for all charges and other responsibilities, which may arise from use of the Application(s). You hereby represent and warrant that you have: (i) obtained the agreement of any joint owner to be bound by the terms of this EULA; (ii) full authority to make payment requests from the joint account; and (iii) full and independent authority to exercise control over and to conduct transactions using the Application(s), as fully as if you were a sole owner, and without further consent of or notice to any other joint owner.