IF YOU DO NOT AGREE TO THESE CONDITIONS YOU MAY NOT USE OR ACCESS THE SERVICES
Application of the Conditions
By using the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Conditions. Payflo.io is permitted to make changes to these Conditions and any other policies or guidelines by notifying you via the contact details you have provided on the Site and/or by publishing the changes at the Site. Continuing to use the Services indicates that you fully accept the changes to the Conditions. Such modifications shall become effective immediately upon their being posted on the Site. Therefore, Payflo.io encourages you to check the date of our Conditions and General Terms whenever you visit this Site to check if they have been updated. In the event that Payflo.io grants a Company the opportunity to trial the Services at no cost before subscribing, then Section 7 only of these Conditions will not apply during such trial.
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Branding Images – images uploaded as the background of a Company’s simple payment link;
Company – any person or entity using and purchasing the Services;
Company Materials – the materials owned by the Company including information, design work, artwork and logos;
Conditions – these terms and conditions for services;
Customers – Individuals or entities making payments to the Company via Payflo.io;
Fees – the fees and charges payable by the Company to Payflo.io as specified on the Site from time to time;
Payflo.io – Payflo.io, a subsidiary of Merchant Advisory Services LLC a limited liability company incorporated in New York and having its registered office at 99 Wall Street, New York, N.Y., 10005, U.S.A.;
Services – the payment gateway service that Payflo.io provides to a Company as listed on the Site from time to time;
Website – the Payflo.io hosted website which is a payment gateway hosted on behalf of the Company;
The Company is entirely responsible for creating its own simple payment links and uploading any Company Materials it requires on its own Payflo.io links (e.g. Brand Style Guide). Payflo.io reserves the absolute right, without giving any reasons, to cancel or remove any Payflo.io, sub Payflo.io or to discontinue the provision of the Services for any reason and at any time without prior notice.
Obligations of Payflo.io
Payflo.io will use its reasonable endeavors to enable Customers to view the Company’s Payflo.io links on the Site and to provide the Services to the Company. However, the Company accepts that Payflo.io cannot guarantee the functionality of the website 100% of the time.
Obligations of the Company
The Company hereby undertakes and warrants to Payflo.io; that it will use all reasonable precautions against access to the Site (or any website that is, or may become linked to any website) by any unauthorized persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Company’s hardware and the rest of the Site; that it will comply with the provisions of the Data Protection Acts 1988 and 2003 (the “Acts”) and ePrivacy Regulations 2011 (S.I. 336 of 2011) (and any related or updated legislation applicable) or relevant legislation with regard to any Customer information received by it and in particular to keep such information confidential; that any information supplied by the Company in connection with the provision of the Services is accurate, complete and true; that in respect of any Branding Image which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Company has obtained the authority of such living person to make use of such name, representation and/or copy to permit Payflo.io to perform its obligations and exercise its rights set out in these Conditions; that each Branding Image and all content posted to the Site or use of the Site by the Company is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate; The Company shall indemnify Payflo.io against all claims made by the third parties in respect of the misuse of the data supplied to the Company.
Ensure that it is notified as a data controller to the Data Protection Commissioner’s Office (if applicable) under the Acts to the extent that it applies and complies with its obligations under those Acts; not submit, copy, supply, re-sell, distribute or make available in any way any emails or other information received from Payflo.io to any person. The Company confirms that Payflo.io can publicize its use of the Site in campaigns and proposals to prospective customers and in advertising material generally.
Content and Ownership
Payflo.io may create content (such as by way of example only, text, images, video “Content”) from time to time for use by the Company. All intellectual property rights of whatever nature in such Content shall belong to Payflo.io.
Payflo.io may use Content on the Site, in its own blog or generally for the marketing and promotion of its business.
Fees, Automatic Renewal and Payment
The Fees payable shall be those prices set out on the Site or communicated to you directly by email from time to time. The Fees are paid monthly in advance via Stripe or if another method has been agreed between Payflo.io and the Company. We will communicate with you regularly to give you details about the Services. At least 30 days prior to the anniversary of your subscription, we will send a notice to the email address identified in your account profile and let you know the renewal Fees and give you an opportunity to review your use of the Services. If you do not want to renew your subscription you must contact either your account manager or email us at [email protected] before the renewal date.
Payflo.io is merely a conduit to facilitate payment from Customers to the Company. Payflo.io does not verify or guarantee any Customer’s details. Payflo.io does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, contracts, anticipated loss of savings, loss of goodwill, use or opportunity, wasted management or office time) howsoever resulting from the Company’s use of (or inability to use) this Site, or resulting from the use of this Site, any websites linked to it or any materials posted on it. This does not affect Payflo.io’s liability for any matter which cannot be excluded or limited under applicable law. Payflo.io makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, “cookies”, or any other malicious or impairing computer programs and/or that the Site shall operate uninterrupted and error-free. Payflo.io does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Company supplies to Payflo.io and the Company shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require. The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Payflo.io, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
You shall defend, indemnify and hold harmless Payflo.io against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services.
Governing Law and Jurisdiction
These Conditions shall be governed by, and construed in accordance with, the laws of New York and each party irrevocably submits to the exclusive jurisdiction of the courts of New York.
Continued use of this Site, constitutes an acceptance of these Conditions and the General Terms with Payflo.io to the exclusion of any other terms and conditions. If any provision of these Conditions is held to be void or unenforceable in whole or in part, these Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Payflo.io shall be effective except in relation to the matter in respect of which it was specifically given. Payflo.io may amend the terms of these Conditions at any time by amending this page. The Company is expected to check this page from time to time to take notice of any changes Payflo.io has made, as they are binding.