This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.

Terms and Conditions

Terms and Conditions 2017-03-22T13:24:08+00:00

Terms and Conditions

Terms & Conditions
(updated as of March 31, 2016)

 

1. Agreement. This Agreement (“Agreement” or “Terms of Service”) between sets forth the Terms of Service between you (“Merchant,” whether an individual or entity) and Datainsure, Inc. or its authorized agents dba www.compliantprocessing.com (“Datainsure, Inc. or its authorized agents”) with its principal place of business at 7349 N. Via Paseo Del Sur #515-169, Scottsdale, Arizona 85258. These Terms of Service (these “Terms of Service”) include the terms and conditions set forth below and the terms and conditions set forth in the Order and Set Up Form (the “Order”) delivered to Merchant, and any policies, guidelines, and amendments that may be incorporated by reference into these Terms of Service from time to time, which shall be posted herein and effective immediately.  By executing and delivering the Order to Datainsure, Inc. or its authorized agents, Merchant agrees that these Terms and Conditions govern the Services (as defined below).

2. Services. Datainsure, Inc. or its authorized agents provide the following services: (a) payment card industry (“PCI”) compliance administrative services; (b) data backup services; (c) merchant credit card processing services; (d) accounting software placement services; and (e) credit card hardware placement services (collectively, the “Services”). By its execution and delivery of the Order to Datainsure, Inc. or its authorized agents, Merchant appoints Datainsure, Inc. or its authorized agents as the exclusive provider of the Services to Merchant. If, at any time during the term of the Services, Merchant’s usage of the Services or data storage requirements exceeds the maximum allowable under the Order, the Services shall be increased to the next level of service and Merchant agrees to pay Datainsure, Inc. or its authorized agent’s then-current Fees (as defined below) for such additional Services.

3. Third Party Vendors. Merchant acknowledges and agrees that Datainsure, Inc. or its authorized agents may utilize one or more third party vendors (each a “Third Party Vendor”) in providing the Services. Merchant acknowledges and agrees that Datainsure, Inc. or its authorized agents may delegate its duties to provide the Services, in whole or in part, to any Third Party Vendor it designates.

4. Fees. Merchant agrees to pay for those Services identified or selected on the Order, as the same may be amended, supplemented or changed from time to time (the “Fees”), including but not limited to adjustments that reflect costs incurred by Datainsure INC to provide the Services or charges by Third Party Vendors. Except as set forth in the Order, the Fees are due monthly based upon the then-current pricing schedule. Fees are non-refundable once paid. Pursuant to the terms of the Order, Merchant authorizes Datainsure INC (or its authorized agents) to debit the bank account of Merchant listed in the Order for any and all Fees incurred by the Merchant during the term of the Services. Merchant shall be obligated to pay for the following additional charges, if applicable:
(a) If Merchant cancels the Services prior to the end of the Term, the monthly Fees already paid by Merchant shall be non-refundable and any waived fees will be re-instated and billable as an early termination fee and Merchant may be charged for the full retail value of all provided equipment plus all applicable shipping and processing fees for delivery.
(b) Merchant shall pay the shipping fees as follows: (i) Twenty-five dollars ($25.00) per terminal;
(ii) Five dollars ($5.00) per credit card swiper;
(iii) Five dollars ($5.00) shipping fee per QuickBooks software encryption;
(iv) Thirty-five dollars ($35.00) per PIN pad.
(c) Merchant shall be charged an annual fee of ninety-five dollars ($95.00) per account.
(d) Merchant shall be charged sixty-five cents ($0.65) per gigabyte (“GB”) used in excess of the amount of GB provided in Merchant’s particular package.
(e) If Merchant fails to use any of the merchant credit card processing services within ninety (90) days after the date the executed Order is delivered to Datainsure, Inc. or its authorized agents, then Merchant will be charged a non-processing fee in the amount of one hundred ninety nine dollars ($199.00) to cover the Datainsure, Inc. or its authorized agent’s costs, expenses and overhead for the unused Services. If Merchant terminates any processing agreement prior to the expiration of its term, then Merchant will be subject to an Early Termination Fee (ETF) of $495, in addition to any other Fees that may be due as provided for hereunder. Any and all fees and charges set forth in this Agreement are subject to change from time to time, as determined by Datainsure, Inc. or its authorized agents in its sole discretion.

5. PCI Compliance Administrative Services. If Merchant engages Datainsure, Inc. or its authorized agent’s PCI compliance administration services as part of the Services, then Datainsure, Inc. or its authorized agents shall provide Merchant the following, provided, if Merchant cancels any PCI compliance administration services as part of the Services prior to the end of the term, then Merchant agrees it shall nevertheless be charged for the full term, having received the benefit of the Services to becoming PCI compliant:
(a) up to one hundred thousand dollars ($100,000.00) in RGS data breach insurance coverage at no additional cost to Merchant, and Merchant may elect to purchase additional RGS data breach insurance coverage at then-applicable premium rates; and
(b) PCI Renewal Service, each year upon the annual date of enrollment a renewal fee may be added to the base monthly fee.

6. Reserved.

7. Merchant Credit Card Processing Services. If Merchant engages Datainsure, Inc. or its authorized agent’s credit card processing services as part of the Services, then Merchant shall be charged a monthly Fee for such Credit Card Processing Services and related support and may initially elect to choose from any of the following options (to the extent then being offered or currently available) for which Merchant will be charged for the tax and applicable shipping and processing fees for delivery; provided, however, (i) if Merchant does not activate and process credit cards the full retail value may be billed, and (ii) Merchant may be charged additional shipping, processing and restocking fees in the event any equipment is returned:
(a) Datainsure, Inc. or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license (at no initial cost except as stated herein) and one (1) credit card swiper (presently with a retail value of $249.00) (at no cost except as stated herein); or
(b) Datainsure, Inc. or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license (at no initial cost except as stated herein) and VeriFone VX570 Terminal (presently with a retail value of $_______.00) (at no cost except as stated herein); or
(c) Datainsure, Inc. or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license (at no initial cost except as stated herein) and one (1) Magtek check imager with check services only (presently with a retail value of $_______.00) (at no cost except as stated herein); or
(d) Datainsure, Inc. or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license (at no initial cost except as stated herein) and either (i) pin pad (presently with a retail value of $_______.00) (at no cost except as stated herein) or (ii) one (1) Magtek check imager with check services only (presently with a retail value of $_______.00) (at no initial cost except as stated herein); or
(e) Datainsure, Inc. or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license (at no initial cost except as stated herein) and one (1) credit card tablet (presently with a retail value of $_______.00) (at no initial cost except as stated herein). Current applicable tax, shipping, processing and restocking fees are available upon request.

8. Merchant’s Obligations.
(a) Credit Card Compliance. Merchant is responsible for complying with the rules, regulations and terms and conditions between Merchant and Visa, MasterCard, Discover, American Express and/or all other such associations, as they may exist from time to time.
(b) Third Party Vendor Compliance. Third Party Vendors may require certain additional terms and conditions as a prerequisite to providing all or a portion of the Services subscribed for hereunder. Merchant shall comply with any such terms and conditions for the Services provided by such Third Party Vendors.
(c) PCI Compliance. Merchant shall comply with the rules and regulation set forth by PCI or any governing committees or boards thereof and such rules and regulations, as may be amended from time to time (the “Rules”). Merchant shall comply with any materials, information and instructions that it receives from Datainsure, Inc. or its authorized agents or Third Party Vendors regarding the Rules relating to software updates, data back-up account instructions, notices, and other instructions necessary to comply with the Rules. Merchant is solely responsible for timely reading and complying with such materials, information and instructions. The Merchant acknowledges and agrees that the materials, information and instructions from Datainsure, Inc. or its authorized agents and/or Third Party Vendors may require the Merchant to implement new or modify old procedures in order to comply with the Rules, which Merchant agrees to implement in accordance with this Section.
(d) Network. Merchant is responsible for the functionality of its network environment and the integration and compatibility of the Services with its network environment. Such network environment includes, but is not limited to, any POS systems, software, hardware, credit card data, network security, firewall, and encryption used by Merchant in its business. Merchant is responsible for remedying inadequacies, failures, weaknesses, incompatibilities, or non-complying aspects in or of Merchant’s network environment revealed by any quarterly PCI scans, annual SAQs, or as otherwise noted to Merchant by Datainsure, Inc. or its authorized agents and/or Third Party Vendor.
(e) Information Requests. Datainsure, Inc. or its authorized agents and/or Third Party Vendors may from time to time provide to Merchant certain forms or questionnaires to solicit or otherwise request certain information from the Merchant to facilitate the provision of the Services hereunder (the “Requested Information”). Such Requested Information may include, but is not limited to: (i) Self-Assessment Questionnaires (SAQ), SAQ data entry forms, or SAQ submission forms; (ii) questionnaires, forms or requests for information relating to PCI vulnerability scans or quarterly PCI scan requirements; (iii) questionnaires, forms or requests for information from Visa, MasterCard, American Express, or Discover or any information relating the provision of services by such parties; (iv) questionnaires, forms or requests for information from Third Party Vendors or any information relating the provision of services by Third Party Vendors; (v) questionnaires, forms or requests for information from the PCI Security Counsel; (vi) questionnaires, forms or requests for information relating to any PCI data breaches; and (vii) questionnaires, forms or requests for information relating to fines or legal penalties incurred by Merchant. Merchant shall provide the Requested Information in a timely manner to the requesting party, and it shall be true, complete and accurate in all respects. If any of the Requested Information provided to Datainsure, Inc. or its authorized agents and/or any Third Party Vendor is or was untrue, incomplete or inaccurate, Merchant shall inform Datainsure, Inc. or its authorized agents and/or Third Party Vendor of the discrepancy within five (5) days following Merchant’s discovery of the same, and provide the requesting party true, complete and accurate modifications to correct the Requested Information previously provided by Merchant. If the Requested Information is pre-populated or prepared by Datainsure, Inc. or its authorized agents and/or any Third Party Vendor, Merchant is responsible for verifying the veracity, completeness and accuracy of such Requested Information and promptly (but in no event later than five (5) days) informing Datainsure, Inc. or its authorized agents of any untrue, incomplete or inaccurate statements prepared by Datainsure, Inc. or its authorized agents and/or any Third Party Vendor.
(f) Software Use. Any software that Datainsure, Inc. or its authorized agents provides to Merchant shall be subject to terms of the license agreement applicable to such software.
(g) Applicable Laws. Merchant is solely responsible for complying with all applicable international, national, state, regional and local laws and regulations applicable to the Merchant.

9. Representations, Warranties and Covenants.
(a) Datainsure, Inc. or its authorized agents. Datainsure, Inc. or its authorized agents represent and warrant to Merchant that it shall use reasonable care in the selection of the Third Party Vendors to provide all or any portion of the Services subscribed for hereunder. If Datainsure, Inc. or its authorized agents directly provide the Services hereunder, Datainsure, Inc. or its authorized agents shall use reasonable efforts to ensure that the Services do not contain any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information of the Merchant. Datainsure, Inc. or its authorized agents shall use reasonable efforts to provide the Services and maintain them in an uninterrupted and error-free fashion consistent with its practices in effect as of the date of these Terms of Service; provided, however, that the Merchant acknowledges that Services are a computer network-based service which may be subject to outages, data loss and delay occurrences. In such an event, Datainsure, Inc. or its authorized agents shall use reasonable efforts to diligently and promptly remedy any and all material interruptions. Nonetheless, Datainsure, Inc. or its authorized agents will not be liable in any manner for any data losses, interruptions, outages, or other delay occurrences relating to the Services provided by Datainsure, Inc. or its authorized agents or its vendors.
(b) Merchant. Merchant represents and warrants to Datainsure, Inc. or its authorized agents that it has all the necessary legal authority to enter into the Order, accept these Terms of Service and to perform the obligations under this Agreement. Merchant is in compliance with all international, national, state, regional and local laws and regulations applicable to Merchant. Merchant further represents, warrants and covenants to Datainsure, Inc. or its authorized agents that it shall only use the Services for lawful purposes and shall not use the Services in a manner that would constitute a civil or criminal offense. Merchant further represents, warrants and covenants to Datainsure, Inc. or its authorized agents that the Requested is true, complete and accurate. Merchant further agrees to inform the Merchant and/or any applicable Third Party Vendors immediately in the event any Requested Information provided by the Merchant changes or is no longer true, complete or accurate.

10. Independent Contractors. This Agreement shall not be construed as a partnership or joint venture, and CS shall not be liable for any obligation incurred by Merchant. The relationship between Datainsure, Inc. or its authorized agents and Merchant is that of independent contractors. Neither Merchant nor Merchant’s employees, consultants, contractors or agents are agents, employees, partners or joint ventures of Datainsure, Inc. or its authorized agents, nor do they have any authority to bind Datainsure, Inc. or its authorized agents by contract or otherwise to any obligation.

11. Term and Termination. Except as otherwise expressly set forth in any Order, the initial term of the Order and for the Services provided to Merchant shall be for a period of one (1) year, commencing on the date the executed Order is delivered to Datainsure, Inc. or its authorized agents. Thereafter, the term shall be automatically renewed for additional terms of one (1) year each unless and until either party provides written notice of termination to the other party no later than thirty (30) days prior to the end of the then-current term. Notwithstanding the foregoing to the contrary, Datainsure, Inc. or its authorized agents may terminate the Order and the Services either (i) upon seven (7) days’ notice to Merchant at any time for any reason, or no reason at all (“Termination for Convenience”), or (ii) at any time without prior notice if Merchant breaches the terms of the Order or this Agreement (“Termination for Breach”). In the event of any early termination, any QuickBooks software or credit card processing hardware provided at no cost to Merchant (as part of the “free placement” program or otherwise) will be charged full retail value, plus any applicable, shipping, processing and restocking fees.  In the event of a Termination for Convenience, Merchant shall not be responsible for any Fees beyond the date on which Datainsure, Inc. or its authorized agents terminated the Order and Services. In the event of a Termination for Breach, all Fees paid shall be non-refundable and Merchant shall remain liable for all unpaid or agreed upon Fees for the remainder of the applicable term in addition to all related costs in connection with all provided equipment. Merchant hereby authorizes Datainsure, Inc. or its authorized agents to debit any charges due by the Merchant under this Agreement or any other agreement between Merchant and Datainsure, Inc. or its authorized agents or its affiliates from any checking, savings, credit card or any other type of account provided by the Merchant to Datainsure, Inc. or its authorized agents.

12. Website Use. By visiting or using this website, any visitor to the site (“User”) consents to these Terms of Service and the Datainsure, Inc. or its authorized agents Privacy Policy with respect to site use. Users agree not to interfere with the Datainsure, Inc. or its authorized agents website or use it for an illegal or improper purpose. User acknowledges that Datainsure, Inc. or its authorized agents are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Datainsure, Inc. or its authorized agents or the party that provided them, who retain all rights with respect to them. Nothing in this Agreement shall be construed to confer a license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Datainsure, Inc. or its authorized agents reserves the right, in its sole discretion, to terminate a User’s access to any or all of Datainsure, Inc. or its authorized agent’s websites and the related services or any portion thereof at any time, without notice and for any reason. Links on a Datainsure, Inc. or its authorized agents website are not under the control of Datainsure, Inc. or its authorized agents, and Datainsure, Inc. or its authorized agents is not responsible for the contents of any linked site or any link contained in a linked site, or any changes to such sites.

13. Disclaimer of Warranties and Limitation of Liability.
(a) EXCEPT AS PROVIDED IN SECTION 9(A) OF THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. DATAINSURE, INC. OR ITS AUTHORIZED AGENT’S DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO THE MERCHANT AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DATAINSURE, INC. OR ITS AUTHORIZED AGENTS FURTHER DISCLAIM ANY WARRANTY INSURING THAT THE SERVICES WILL (I) BE SECURE, UNINTERRUPTED, TIMELY, OR FREE FROM DEFECTS, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS OR OTHER LOSSES, (II) BE COMPATIBLE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE SYSTEMS, OR DATA OF THE MERCHANT, AND (III) FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DATAINSURE, INC. OR ITS AUTHORIZED AGENTS OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DATAINSURE, INC. OR ITS AUTHORIZED AGENT’S OBLIGATIONS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED IN THIS AGREEMENT, DATAINSURE, INC. OR ITS AUTHORIZED AGENTS DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ACTIONS OR OMISSIONS FROM THIRD PARTY VENDORS PROVIDING ALL OR ANY PART OF THE SERVICES SUBSCRIBED FOR HEREUNDER. MERCHANT FURTHER AGREES TO HOLD DATAINSURE, INC. OR ITS AUTHORIZED AGENTS HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, PENALTIES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM ACTIONS OR OMISSIONS BY THIRD PARTY VENDORS PROVIDING ALL OR ANY PART OF THE SERVICES SUBSCRIBED FOR HEREUNDER.
(c) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ORDER, THE TERMS OF SERVICE OR THE SERVICES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DATAINSURE, INC. OR ITS AUTHORIZED AGENTS TOTAL LIABILITY TO THE MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE ORDER OR THESE TERMS OF SERVICE EXCEED ONE THOUSAND DOLLARS ($1,000.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.

14. Indemnification. Merchant agrees to indemnify, defend, and hold harmless Datainsure, Inc. or its authorized agents, its employees, officers, directors, managers, members, shareholders, referral partners and agents from and against any loss, liability, damage, penalty or expense (including attorneys’ fees, expert witness fees and cost of defense) each may suffer or incur as a result of claims arising from: (i) any breach by Merchant or any officer, director, manager, member, shareholder, employee, subcontractor, agent or affiliate of the Merchant of the terms of the Order or these Terms of Service, including, without limitation, Merchant’s failure to strictly comply with its obligations set forth in these Terms of Service, (ii) any representation or warranty made by Merchant being false or misleading, (iii) the Requested Information, (iv) any representation or warranty made by Merchant or any employee or agent of Merchant to any third person other than as specifically authorized by the Order or these Terms of Service, (v) any negligent act or omission of Merchant or its officer, director, manager, member, shareholder, employee, subcontractor, agent or affiliate, (vi) the use by Merchant or its employees and agents of the Services, (vii) any alleged or actual violations by Merchant or its officers, directors, managers, members, shareholders, employees, subcontractors, agents or affiliates of any laws, regulations or the Rules, or (viii) any acts or omissions by Third Party Vendors providing all or any portion of the Services.

15. Default.  If Merchant fails to pay any amount when due or perform any of Merchant’s obligations and covenants required hereunder, then Merchant shall be in default of these Terms of Service.  If Merchant defaults hereunder, Datainsure Inc. shall have all rights and remedies provided at law or in equity or elsewhere in this Terms of Service.

16. Miscellaneous.
(a) Successors and Assigns. These Terms of Service and the terms of the Order will bind and inure to the benefit of each party’s permitted successors and assigns. Merchant may not assign its rights or obligations set forth in these Terms of Service and/or the Order without the written consent of Datainsure, Inc. or its authorized agents, which consent shall be in Datainsure, Inc. or its authorized agents’ sole discretion. Datainsure, Inc. or its authorized agents may assign its rights and/or obligations under these Terms of Service and/or the Order in its sole discretion without the written consent of Merchant.
(b) Entire Agreement. These Terms of Service and the terms set forth in the Order sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party to the Order or this Agreement.
(c) Choice of Law; Forum. These Terms of Service and the Order shall be governed by and construed in accordance with the laws of the State of Arizona (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of these Terms of Service and the Order or arising out of or based upon the Services or the business relationship between the parties hereto shall be brought in the state or federal courts located in Maricopa County, Arizona. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts. In any action arising from the alleged breach of these Terms of Service or the Order, or to enforce these Terms of Service or the Order, the final prevailing party will recover its reasonable attorneys’ fees, costs and expenses from the non-prevailing party.
(d) No Waiver. The failure of either party to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of these Terms of Service or the Order, shall not be construed as a waiver of that conduct or any future breach or subsequent wrongful conduct.
(e) Severability. If any part, term or provision of these Terms of Service or the Order is declared and determined by any court or arbitrator to be illegal or invalid, such declaration and determination shall not effect the validity of the remaining parts, terms or provisions thereof.
(f) Heading. The various headings in these Terms of Service or the Order are inserted for convenience only and shall not affect this Agreement or any portion thereof.
(g) Counterparts. The Order may be executed in two (2) or more counter-parts or by fax, each of which shall be deemed an original, all of which together shall constitute one and the same instrument.
(h) Survival. All representations, covenants and warranties shall survive the execution of the Order, and Sections 1-16 shall survive termination of this Agreement.