IF YOU DO NOT AGREE TO THESE CONDITIONS YOU MAY NOT USE THE SERVICES
Merchant Advisory Services is permitted to make changes to these Terms and Conditions and any other policies or guidelines by notifying you via the contact details you have provided on our website and/or by publishing the changes at our website.
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 website. Therefore, Merchant Advisory Services encourages you to check the Terms and Conditions whenever you visit our website to check if they have been updated.
In the event that Merchant Advisory Services grants a Company the opportunity to trial the Services at no cost before subscribing, then Section 7 only of these Terms and Conditions will not apply during such trial.
The Company is entirely responsible for creating its own simple payment links and uploading any company information it requires on its own branding images.
Merchant Advisory Services reserves the absolute right, without giving any reasons, to cancel or remove any payment links, sub-link or to discontinue the provision of the Services for any reason and at any time without prior notice.
Any action which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted.
Merchant Advisory Services shall be entitled at any time without notifying the Company to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
Merchant Advisory Services will use its reasonable endeavors to enable Customers to view the Company's payment links on the website and to provide the Services to the Company. However, the Company accepts that Merchant Advisory Services cannot guarantee the functionality of the website 100% of the time.
The Company hereby undertakes and warrants to Merchant Advisory Services:
The Company shall indemnify Merchant Advisory Services against all claims made by the third parties in respect of the misuse of the data supplied to the Company.
The Company shall:
Merchant Advisory Services 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 Merchant Advisory Services.
Merchant Advisory Services may use any content on the website, in its own blog or generally for the marketing and promotion of its business.
The fees payable shall be those prices set out on our pricing page or communicated to you directly by email from time to time. The Fees are paid monthly in advance via Stripe, Clover, Fiserv, TSYS or if another method has been agreed between Merchant Advisory Services 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 firstname.lastname@example.org before the renewal date.
Merchant Advisory Services 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 website, or resulting from the use of this website, any websites linked to it or any materials posted on it. This does not affect Merchant Advisory Services’ liability for any matter which cannot be excluded or limited under applicable law.
Merchant Advisory Services makes no warranty that our website (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 website shall operate uninterrupted and error-free.
Merchant Advisory Services does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Company supplies to Merchant Advisory Services 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 website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Merchant Advisory Services, 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 Merchant Advisory Services harmless 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.
These terms and conditions shall be governed by, and construed in accordance with, the laws of United States and each party irrevocably submits to the exclusive jurisdiction of the courts of State of New York.
If any provision of these Terms and Conditions is held to be void or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Merchant Advisory Services shall be effective except in relation to the matter in respect of which it was specifically given.
Merchant Advisory Services may amend the terms of these Terms and 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 Merchant Advisory Services has made, as they are binding.
When you register for a Merchant Account (“Account”) we collect personal information about you which may include your full name, address, date of birth, email address and telephone number. We may also collect information about your business including your company name, legal form, business type, nature and purpose of your business, business address, business telephone number, the directors and ultimate beneficial owners.
For research surveys or marketing purposes we may from time to time collect other information when you create an account including your preferences and interests. In order to verify your identity as required by applicable Know-Your-Customer (KYC) & Anti-Money Laundering (AML) laws and in order to prevent fraud we may attempt to verify information about you from third party agencies including, but not limited to your credit rating, financial history, court judgements, stock investments, company registration status, date of registration and principal board of directors.
When you use our Services we collect information relating to your transactions including time, location, transaction amount, payment method and cardholder details. When you access our website or use any of our mobile applications we may automatically collect information including, but without limitation, your IP address, operating system, browser type, identifiers for your computer or mobile device, your visit date and time and your visit behavior.
We may use information collected about you in order to provide our Services and to deliver all relevant information to you including transaction receipts, payout reports, security alerts and support messages. We also use information collected about you in order to improve and personalize our Services. For instance, we may enable features in our mobile applications specific to your business.
We may use information collected about you to communicate with you about news and updates to our Services and to inform you about any promotions, incentives and rewards offered by us and/or our partners, our channel partners, unless you choose to opt out of such communications. You can choose to opt out of receiving such communications by emailing your request to revoke this consent to email@example.com.
We can continue to offer you services without this additional service. We may also use information collected about you through cookies and web beacons (see section 7 for more details) to track and analyze usage behavior and any actions relevant for promotions, incentives and rewards in connection with our Services. We may use information collected about you to protect our rights and to investigate and prevent fraud or other illegal activities and for any other purpose disclosed to you in connection with our terms and conditions.
We may share information collected about you with any member of our group of companies, including subsidiaries, our ultimate holding company and its subsidiaries. This data will be transferred in order to allow us to provide a full service to you, where other companies within our group perform components of the full service offering. These other services include customer support, Anti-Money Laundering (AML), settlements and internal audit.
We may disclose information to the extent necessary with third parties who perform functions on our behalf in order to process payment transactions for you including fraud prevention and verification service providers, financial institutions, processors, payment card associations and other entities that are part of the payment and collections process. We may also share information collected about you with third parties who we partner with for advertising campaigns, contests, special offers or other events or activities in connection with our Services, unless you choose to opt out of such communications.
We are committed to ensuring that the information collected about you is secured with end to end encryption. We take extreme measures including administrative, technical and physical procedures to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. When you are logged into your account, all Internet communication is secured using Secure Socket Layer (“SSL”) technology with high security 128bit encryption.
This high level of security can only be effective if you follow certain security practices yourself including never sharing your Account or login details with anyone. If you believe that any of your Account login details have been exposed, you can change your password at any time through our website or mobile application, but you should always also immediately contact customer service. Transmission of information via the Internet is not completely secure. Therefore, we cannot guarantee the security of the transmission of your information to us. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security structures to prevent unauthorized access.
We are responsible for the security of cardholder data which is processed, transmitted and stored within our systems. To this end, we are certified as compliant under the Payment Card Industry Data Security Standard (PCI-DSS).
Merchant Advisory Services applies industry best practices to safeguard this sensitive data and to ensure that it operates in line with these requirements, and to this end we perform annual audits to ensure that we continue to meet this high standard. We are required to maintain all Transactional Data for Anti-Money Laundering (AML) purposes for a minimum period of 6 years after the relationship with you, our customer, ends. We maintain your cardholder customers information, in some instances name, email or telephone number which is used for receipt issuing purposes, in line with our legal requirements.
We are required by law to retain certain records of the information collected about you for a period of at least seven (7) years after termination of your Account. Otherwise, we reserve the right to delete and destroy all of the information collected about you upon termination of your Account unless you request otherwise. If agreed we shall continue to store your information, for example your transaction history, which you may require for accounting purposes.
Notwithstanding the above, you have the right to request the deletion of your data. Depending on the services that have been undertaken by us to enable the relationship to proceed, we may be required to hold certain data for six years from the date of request of deletion of data, for legal purposes. We cannot continue to provide services to you if you request the deletion of your data. You can request the deletion of your data by emailing this request to firstname.lastname@example.org