REGISTERING FOR AN ACCOUNT FOR THE SERVICE(S), OR USING THE SITES FOR SERVICE(S) IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU OR THE ENTITY THAT YOU REPRESENT (“MERCHANT”, “YOU”, “YOUR”) AGREE TO BE BOUND BY THIS AGREEMENT.
YOU MAY REGISTER FOR THE SERVICE(S) ONLY AS A SOLE PROPRIETOR OR AS A BUSINESS ORGANIZATION, AND MAY NOT USE EXALTPAY FOR PERSONAL, FAMILY, OR HOME PURPOSES. IF YOU ARE REGISTERING FOR THE SERVICE(S) ON BEHALF OF AN ENTITY YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY ON WHOSE BEHALF YOU ARE AGREEING TO THESE TERMS TO THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE(S), INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICE(S) ON THE SITES.
As a current or prospective customer of EXALTPAY BUSINESS SOLUTIONS, LLC DBA as “EXALTPAY” with whom you have conducted or plan to conduct business with and who has directed you to this website, you have the option to use certain EXALTPAY services (“Service”), these include any and all services or solutions under the EXALTPAY brand. If you (“You”, “Your” or “Customer”) wish to utilize any of the services provided by EXALTPAY YOU must agree to the terms and conditions as provided herein (these “Terms of Service”) regarding your use of the Service(s).
Basically, Each and every user of ExaltPay must agree upon everything which is visible on the web pages and the website of Exalt.
1. DESCRIPTION OF SERVICE: EXALTPAY provides services that enable small and medium businesses to use technology solutions to help build and manage their businesses. You acknowledge and agree that the Services acts as a marketplace that only help facilitate transactions between Sellers and Buyers, and that EXALTPAY never acts as a Buyer or a Seller. EXALTPAY is not a bank, money transmitter, or Money Services Business (“MSB”), and we do not offer banking or MSB services as defined by the United States Department of Treasury. EXALTPAY subsidiaries and partners created and maintain all websites and other websites added to www.exaltpay.com from time to time to provide a repository where you (You or Your) and other software experts, developers, users, and other interested parties (each, a User and collectively, Users ) may obtain and share information around EXALTPAY’s products and services, and other topics found on the websites. If You are accessing and/or using www.exaltpay.com on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Service Agreement and everywhere in this Terms of Service Agreement that refers to You or Your, shall also include Your Company. To be eligible to use ANY services provided by EXALTPAY, you MUST be at least 18 years of age. Additional restrictions may be added on the use of the any services. Services are available in the US only. You also represent and warrant that you have not previously been suspended or removed from ANY EXALTPAY services and that you have full power and authority to enter into these Terms.
Basically, If you want to use ExaltPay, you need to provide accurate information. Additionally, people who are 18 years old and above and residing in US can easily register with ExaltPay.
2. REPRESENTATIONS AND WARRANTIES; ACKNOWLEDGEMENTS: You represent and warrant to EXALTPAY and the Company, and you covenant, that: (a) the person who has applied to use the Service on Your behalf or on behalf of any company, organization or entity for whom You are using the Service to conduct business as applicable, has the power and authority to accept and enter into these Terms of Service on Your behalf or on behalf of any company, organization or entity for whom You are using the Service to conduct a legal and legitimate business and not listed in our Prohibited Business List. As applicable; (b) the Service, the Site or content contained on the Site are not an endorsement of the Company by EXALTPAY; and (c) EXALTPAY is not responsible for any repercussions arising from Your use of the Service and You shall seek remedies arising from disputes in connection with any of the services provided by EXALTPAY delivered to You, and any of Your payments thereof, solely from the Company.
If you access the Site to use the Invoice Service or the Payment Service, you further represent and warrant to EXALTPAY, and covenant, that: (d) You do business in the United States and will use the Invoice Services or the Payment Service to receive invoices, and make payment(s) thereon, in the United States only for transactions that were made in the United States; (e) you are willing and capable of electronically receiving, reviewing, printing and saving all invoices, materials, disclosures, terms or other content delivered to You through the Invoice Service and consent to the disclosure by the Company of the information and invoice details required to create and distribute invoices to, and receive payment from, You; (f) You will provide Your complete and accurate information regarding payment information; (g) Your liability for any payment you make through the Payment Service using a credit or debit card or ACH will be governed by the agreement for the credit or debit card company or bank You use.
To receive services, you will be required to create an account and provide certain registration information. When creating any account, you agree to provide accurate, truthful, current and complete information when creating your account; maintain and promptly update your account information; maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile device; promptly notify EXALTPAY if you discover or otherwise suspect any security breaches; take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You must use your or your business’ true and accurate name when signing up for services. Ideally, the name you choose will be a reasonably descriptive name that clearly identifies you or your business. This name will appear on the Buyer’s credit or debit card statement for all payments you accept using the Services.
Basically, If you accept the agreement then you must ensure that information provided by you is accurate and you don't misuse our services.
3. CHANGES TO TERMS OF SERVICE: EXALTPAY reserves the right to revise these Terms of Service and the documents referenced herein at any time in its sole discretion and will notify the Company that changes to such documents have been made by sending an e-mail message to that effect. It is the Company’s responsibility, and not that of EXALTPAY, to notify you of such changes. You may view the current version of the terms governing your use of the Service by clicking on the Terms link found on the website. Any changes shall be effective immediately after the time at which such changes are posted on the Site. Your continued use of the Service after the terms have been changed constitutes your affirmative acknowledgment of, and agreement to abide and be bound by, the modified terms and conditions.
Basically, ExaltPay has reserved all rights to change terms and conditions of service periodically as per the need.
4. LICENSE AND USE OF THE SITE AND SERVICES: All services are based on a subscription the services are not sold nor licensed. You are hereby granted a limited license to use during the Term (as described below) to utilize, including making incidental copies arising from the operation of Your browser, the Service, the Site and the content contained on the Site solely to conduct a legal and legitimate business. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, decompiling, reverse engineering, disassembling, transferring or using the Service or any content available on the Site for any other purpose.
Basically, ExaltPay provides services which are based on a subscription thus you are limited to use these services.
5. TERM AND CANCELLATION: EXALTPAY DOES NOT PROVIDE REFUNDS. These Terms of Service, as amended, changed and modified from time to time, remain in effect until the earlier of (a) such time as You no longer use the Services provided by EXALTPAY (b) such time as it is canceled or terminated, as provided herein (the “Term”). The Company and EXALTPAY each may cancel Your access to, or any aspect of, the Service at any time by providing written notice to You at the most current email address the Company or EXALTPAY, as applicable, has for You. Upon Termination by EXALTPAY or You, No refund, transfer or proration shall be made of any unused Plan payments, Additional payment, Promotional payment, or of any remaining periods/months on any Service plan. You may discontinue use of the Service at any time by providing written notice to EXALTPAY via email at firstname.lastname@example.org or via facsimile at (877) 548-6569, or contacting customer service. You will be responsible for any contractual obligations, fees, chargebacks, taxes, or costs that you incurred or authorized before you stopped using the Services.
If you don’t log in to your account for a period of time as we see fit, we may disable your account and terminate this agreement without notice.
Basically, ExaltPay has all rights to cancel services provided by them. Additionally, they don't provide refunds for the same.
6. PROPERTY RIGHTS: EXALTPAY and other third parties other than You, as applicable, own all rights, title and interest in and to Service and the Site, and all portions thereof, including, without limitation, all intellectual property rights in connection therewith.
Basically, ExaltPay and other third parties as applicable have all intellectual property rights to propose their ideas and suggestions.
7. NO WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THE SITE OR VIA THE SERVICE ARE PROVIDED TO YOU BY EXALTPAY, AT THE REQUEST OF THE COMPANY, ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE COMPANY AND EXALTPAY MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE COMPANY AND EXALTPAY ARE NOT RESPONSIBLE FOR (A) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INVOICE, APPOINTMENT, STATEMENT OR OTHER ITEM GENERATED THROUGH THE SERVICE OR (B) THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY PAYMENT MADE THROUGH THE SERVICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR EXALTPAY, OR ANY OF THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE SERVICE OR ON INFORMATION OBTAINED THROUGH THE SERVICE OR THE SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
THE COMPANY AND EXALTPAY DO NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE IS FREE OF VIRUSES, WORMS, BOTS OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES.
Basically, If you are associated with ExaltPay and availed their services then you use their services on their own risk. ExaltPay is not responsible for any loss.
8. LIMITATION OF LIABILITY: THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE, SITE, CONTENT ON THE SITE, AND DESCRIPTIONS OF THE SERVICE PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY AND EXALTPAY SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. THE COMPANY AND EXALTPAY DO NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. THE COMPANY AND EXALTPAY ARE UNDER NO OBLIGATION TO UPDATE THE SITE, THE SERVICE OR THE CONTENT ON THE SITE. EXALTPAY MAY CHANGE THE SITE, THE SERVICE AND THE CONTENT CONTAINED ON THE SITE, AND MAY MAKE IMPROVEMENTS OR CHANGES THERETO, AT ANY TIME WITHOUT NOTICE.
YOU AGREE THAT THE NEITHER THE COMPANY NOR EXALTPAY, NOR ANY OF THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE SERVICE, THE CONTENT ON THE SITE OR A LINKED SITE, OR ARISING OUT OF, OR IN CONNECTION WITH, THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF THE COMPANY OR EXALTPAY, OR ANY OF THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE EVENT. THE COMPANY AND EXALTPAY CANNOT, AND DO NOT, GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE OR THE CONTENT RELATED THERETO.
Basically, This section is written in all caps for a specific reason and we hope that customers read information carefully.
9. VIOLATIONS OF SERVICE TERMS: The Company or EXALTPAY may, each in their respective sole discretions, immediately terminate Your use of the Site if it believes that You are violating or have violated these Terms of Service or the terms and conditions of the other documents referenced herein. Any such termination will be without prejudice to any other rights that EXALTPAY may have against You arising from a violation of these Terms of Service or of the other documents referenced herein. EXALTPAY may terminate or deny any business found on our restricted business listing.
Basically, ExaltPay hopes that you are aware of all the consequences occurred due to the termination of our services with you. If ExaltPay found any violation of any terms and conditions, legal action can be taken by us against you.
10. GOVERNING LAW: The laws applicable to the use of the Site and the interpretation of these Terms of Service shall be the laws of the State of Texas, United States, and applicable federal law, without regard to any conflict of law provisions.
Basically, This agreement follows the law of the State of Texas, United States, and applicable federal law. Therefore, any dispute will be governed by the above mentioned authorities.
11. ARBITRATION: You, the Company and EXALTPAY agree that any and all disputes, claims or controversies arising out of or related to the use of the Site, the provision of the Service or these Terms of Service, including any claims under any statute or regulation (“Disputes”), shall be submitted for binding arbitration. Unless the parties agree otherwise, any arbitration shall take place in the State of Texas, City Frisco/Dallas and County of Collin/Dallas, and shall be administered by, and pursuant to the commercial arbitration rules of, the American Arbitration Association.
The provisions of the section of these Terms of Service labeled “Arbitration” and all arbitration awards duly made in connection therewith may be enforced in a court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party(ies) against whom enforcement is ordered. All arbitration awards duly made under these Terms of Service shall not be subject to review or appeal except as permitted by applicable law. Any provision of these Terms of Service to the contrary notwithstanding (a) You, the Company or EXALTPAY may seek interim relief from a court located in the State of Texas, City of Frisco/Dallas and County Collin/Dallas to protect such party’s rights or property while arbitration is pending, and (b) EXALTPAY may bypass the aforementioned arbitration process in cases of fraud or other crimes against EXALTPAY, interference with EXALTPAY’s technical operations or violations of EXALTPAY’s rights or property.
Basically, ExaltPay and its customers firstly try to resolve all disputes with their own rather than directly address to the court. Disputes shall be arbitrated on an individual basis.
13. GENERAL: You acknowledge that this is an online service. A printed version of these electronically presented Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that regardless of any statute or law to the contrary, any claim or cause of action You bring arising out of or related to Your use of the Site or services, the provision of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose MUST be forever barred. Notwithstanding any cancellation or termination of this Service, or of Your account or Your enrollment, All sections found in this Terms of Service shall survive any such cancellation or termination. Your acceptance of these Terms of Service and use of the Site do not create a joint venture, partnership, employment or agency relationship between You and EXALTPAY. You shall not represent in any way that You are in partnership with, are a joint venture of, or have any employment of agency relationship with EXALTPAY. You may not assign, delegate or transfer Your rights or obligations under these Terms of Service and any such prohibited assignment, delegation or transfer shall be null and void. The section titles in this Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
14. TRADEMARKS: Logos and any other product or service name or slogan contained in the Site are trademarks of EXALTPAY and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of EXALTPAY or the applicable trademark holder. You may not use any material with logos, without any permission from EXALTPAY. The look and feel of the Site, including all pages and graphics, and scripts may not be copied, imitated or used without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier(s) or otherwise does not constitute or imply endorsement, sponsorship or recommendation.
Basically, Trademarks refer to the names, logos, slogans, images and more which are used in the site.
15. PAYMENT SERVICES: EXALTPAY uses third party service providers for payment services (e.g. card acceptance, merchant settlement, and related services). By utilizing our services for all payment(s) you agree to be bound by Terms of Service. (a) Payments – all payments will be transferred from the merchant account with EXALTPAY to the Merchant’s bank account upon request. We reserve the right to hold funds based on business factors such as violation of terms of service, and merchant performance, and calculated risk due to business practices. (b) Reserves - At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Account (“Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by EXALTPAY, in its sole discretion, based on your payment history, a. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Account, or from any other account under your control or any funding source associated with such other Account, including but not limited to any funds held as a balance in your account, due to you under this Agreement, or available in your bank account, or other payment instrument registered with us. (c) Taxes - It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. EXALTPAY is not responsible for determining whether taxes apply to your transaction or for collecting, reporting, withholding or remitting any taxes arising from any transaction. You acknowledge that EXALTPAY software as a service will report to the Internal Revenue Service the total amount of the payments you receive each calendar year into all of the accounts you own if you receive more than $20,000 AND receive more than 200 payments, in that calendar year. (d) Chargebacks - When you receive a payment, you are liable to for the full amount of the payment, plus any fees, if the payment is later invalidated for any reason. This means that you will be responsible for reimbursing EXALTPAY if you lose a claim or a chargeback or if there is a reversal of the payment. For any transaction resulting in a chargeback, we may withhold the chargeback in a reserve or deduct the amount and any associated fees or fines assessed by our processor or the card associations from your Bank Account or other funding source registered with us. You agree to allow us to share information about a chargeback with the payer and payer’s financial institution and your financial institution to investigate or otherwise resolve a chargeback. If your account is pending resolution of any chargebacks, we may delay your account’s next payout(s). We reserve the right to withdraw from your account the amount of a transaction if we believe that there is a significantly increased risk of a chargeback. If your account is incurring a significantly high volume of chargebacks, we reserve the right to suspend your account, increase processing fees, and withhold payouts.
Payment processing services for Merchants and Sellers on ExaltPay are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Merchant or Seller on ExaltPay, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ExaltPay enabling payment processing services through Stripe, you agree to provide ExaltPay accurate and complete information about you and your business, and you authorize ExaltPay to share it and transaction information related to your use of the payment processing services provided by Stripe.
Basically, ExaltPay uses third party service providers for payment services such as card acceptance, merchant settlement, and related services.
16. FEES AND PAYMENT: You shall pay the fees set forth on the Pricing page for the software services selected and purchased by You. The service will be billed in 30 day intervals. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the site in conn ection with such Services. EXALTPAY DOES NOT PROVIDE REFUNDS. You represent that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “AS IS” with no warranties of any kind. Fees for services may change from time to time. If You do not accept a change in the fees, and withdraw your consent, you will need to close your account. EXALTPAY also charges Merchants fees for exceptions processing, such as when a Merchant receives a chargeback ($25.00 usd). These fees are netted by the Bank against other funds due to Merchant or debited by the Bank from the Merchant's bank account. The Merchant agrees to pay EXALTPAY the fees that are posted from time to time by EXALTPAY or the Platform that provides the EXALTPAY Service (the "Fees"). In general, Fees posted by EXALTPAY and the Platform are cumulative; however, in case of inconsistency, the Fees posted by the Platform apply. Merchants may increase their prices to include the cost of the Fees and disclose these increases to their Purchasers as a "Service Fee". Merchants may only do this in compliance with the Operating Regulations.
As per their state law, a merchant has an option to pass the processing fee completely to their customer.
Basically, Every business man or service provider has rights to charge for their services. Thus, ExaltPay also charges fees to their customers and these fees are revised by ExaltPay timely.
Basically, At ExaltPay, all contributor payment transactions are processed and disbursed by exaltpay, our third-party payment processor.
18. FEEDBACK: We always appreciate your feedback or other suggestions about Tilt. You can email your feedback here. We aren’t obligated to compensate you for your feedback.
Basically, ExaltPay appreciates all the feedbacks and suggestions given by our valuable customers.
19. SOFTWARE UPDATES: You agree that software of ours that you download, such as a stand-alone software product, an application, or a browser plugin, may periodically download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop that software.
Basically, We provide software updates timely to our customers so that they can take the advantages of our advanced and enhanced features.
20. E-SIGN DISCLOSURE AND CONSENT: By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your EXALTPAY Account and your use of the Service. Communications include but are not limited to:
We will provide these Communications to you by emailing them to you at the primary email address listed in your account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature, based on the E-SIGN ACT Law.
Basically, Accepting agreement with ExaltPay means that you agreed to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your Account.
21. HARDWARE AND SOFTWARE REQUIREMENTS: IN ORDER TO ACCESS AND RETAIN ELECTRONIC COMMUNICATIONS, YOU WILL NEED THE FOLLOWING COMPUTER HARDWARE AND SOFTWARE:
By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in at a later date.
Basically, To use our service without any difficulties, you must assure that your computer system must be updated to support our software.
22. HOW TO WITHDRAW YOUR CONSENT: You may withdraw your consent to receive Communications electronically by contacting us through Customer Support, including by writing to us at "EXALTPAY, 16135 Preston Rd, Suite 210, Dallas, TX 75248" If you withdraw your consent to receive Communications electronically, We may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies. After you consent to receive Communications electronically, you may withdraw your consent to receive IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.
Basically, We facilitate our customers to withdraw your consent anytime to receive communications electronically by directly contacting us.
23. REQUESTING PAPER COPIES OF ELECTRONIC COMMUNICATIONS: If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file. You understand and agree that EXALTPAY may charge you an exceptions fee for each paper copy of a Communication. EXALTPAY will not charge a fee if you request a Form 1099-K in paper form.
24. API DEVELOPER RELATIONSHIP: An application programming interface ("API") to retrieve information from or submit requests to EXALTPAY. Developers who use the EXALTPAY API, the applications that they develop, and the users that these applications serve, are subject to the terms of this Agreement. As a developer, you must receive permission from and open an EXALTPAY account for your own individual business use. You may NOT use the API to facilitate use of an account to process payments for goods and services provided by anyone other than the Merchant who owns the EXALTPAY account. In the event a Merchant receives a chargeback for a payment facilitated by your API application, EXALTPAY will collect or attempt to collect those funds from the Merchant in accordance with the "Chargebacks" section below. In some cases (such as where you violate this Agreement or cause Merchants who use your API Application to violate this Agreement), you may also be held liable for chargebacks associated with payments facilitated through your API application. You agree never to ask for users account passwords under any circumstances, nor any sensitive personal information (such as Social Security Numbers) in connection with your API application or use of the Service.
EXALTPAY will issue you an access token for each user of your API application who creates an account. You agree that access tokens are the property of EXALTPAY, and that misuse of access tokens by you or your users could cause substantial loss and damage to EXALTPAY. If your API application uses EXALTPAY’s Tokenization API to facilitate payments, the credit card tokens will be associated with the API application, not the individual Merchant. Consequently, as the developer of the API application, you will be responsible for complying with the Payment Card Industry Data Security Standard ("PCI DSS") with respect to the primary account number and other protected information you collect from users of the API application. You will implement appropriate measures to protect the security of the access tokens and credit card tokens, and you will notify EXALTPAY promptly if you suspect they have been misappropriated or misused.
Basically, Developers can use the API to integrate their applications with the service, subject to important conditions.
Basically,Developers can utilize the ExaltPay API to integrate their applications with ExaltPay Services.
25. LIMITATIONS ON EXALTPAY AND OTHERS' RESPONSIBILITY: Neither EXALTPAY, nor any other third party makes any representations or guarantees regarding Merchants or Purchasers utilizing the Service. Use of our Service in no way represents any endorsement. We do not have control of, or liability for, goods or services that are paid for with the Service. Merchants acknowledge and agree that receipt of Purchaser information via the Service or Google Wallet Instant Buy does not indicate that the Purchaser's payment instrument has sufficient available funds, that a transaction will be authorized or processed, or that the transaction will not later result in a chargeback or reversal of any sort.
A charitable organization may use EXALTPAY to accept payments as a Merchant. Not all charitable organizations are tax-exempt, and not all contributions to charitable organizations are tax-deductible. Charitable organizations are responsible for correctly classifying themselves and their transactions, issuing any required reports and receipts, and making any required tax or other filings. Contributors are responsible for verifying the status of organizations to which they donate and reporting their donations correctly for tax and other purposes. EXALTPAY specifically disclaims any liability in this regard.
Basically,No one is responsible for the behavior of their customers. It's totally depends on you whether you want to be commercial with a merchant, purchaser, or any other organization using ExaltPay.
26. CUSTOMER SERVICE: We will provide you with customer service to resolve issues relating to your EXALTPAY account, use of the EXALTPAY Services, and the distribution of funds to your designated bank settlement account. You, and you alone, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through EXALTPAY.
Basically,ExaltPay provides services to their customers to resolve issues relating to ExaltPay account and its usage.
27. TAXES: It is your responsibility to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of EXALTPAY Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services. Pursuant to the Internal Revenue Code, merchant acquiring entities and third-party settlement organizations are required to file an information return with the IRS for each calendar year, reporting all payment card transactions and third-party network transactions with merchants occurring in that calendar year. You acknowledge that we will report to the Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
Basically,You are solely responsible for your taxes and ExaltPay in any way is not responsible for paying and collecting your taxes.t
28. SUSPICION OF UNAUTHORIZED OR ILLEGAL USE: We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other EXALTPAY agreement, or exposes you, other users, financial services providers, or EXALTPAY to harm or unnecessary risk, including but not limited to fraud and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or your EXALTPAY Account if we reasonably suspect that your use of has been for an unauthorized, illegal, or criminal purpose.
Basically,We reserve rights to terminate the agreement if we found your activities suspicious or oppose to our laws.
29. CARD NETWORK RULES: The Card Networks have established guidelines, bylaws, rules, and regulations (“Network Rules”). You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules at Visa, MasterCard, and American Express. The Card Networks reserve the right to amend the Network Rules. EXALTPAY reserves the right to amend the Agreement at any time with notice to you as necessary to comply with Network Rules or otherwise address changes to the EXALTPAY Services.
Basically,ExaltPay has rights to make changes in the agreement at any time with notice to you as necessary to comply with Network Rules.
30. REFERENCES TO OUR RELATIONSHIP: You agree that, from the time you begin processing payment with EXALTPAY until you terminate your account with us, we may identify you as a customer of EXALTPAY. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and EXALTPAY.
Basically,We identify you as our customer thus neither you nor ExaltPay will involve in any untrue sponsorship, endorsement and affiliation.
31. THE EXALTPAY SERVICES - US ONLY: By registering for EXALTPAY services, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state in which you operate. EXALTPAY may only be used to process payment for businesses in the fifty states of the United States of America and the District of Columbia. Except where expressly permitted, you may not export the EXALTPAY Services directly or indirectly, and you acknowledge that the EXALTPAY Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By accepting this Agreement you confirm that you will satisfy these requirements.
Basically,ExaltPay provides their services only to the people of United States thus you must confirm that you belong to United States either directly or in-directly.
32. PROHIBITED BUSINESSES: There are certain categories of businesses and business practices for which the EXALTPAY Services cannot be used (“Prohibited Businesses”). Many of these Prohibited Business categories are imposed by Card Network rules or the requirements of our banking providers or processors. We maintain a list here: Prohibited Businesses. By registering a EXALTPAY Account, you confirm that you will not use the services in connection with any of the Prohibited Businesses. If you are uncertain as to whether a business is a Prohibited Business, or have questions about how these requirements apply to your business, please contact us.
A. Financial and professional services
Investment & credit services
Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; lending instruments
Money & Legal services
Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use EXALTPAY to hold client funds, collection or settlement amounts, disputed funds, etc.)
Virtual currency or stored value
Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller
B. IP Infringement, regulated or illegal products and services
Intellectual property or proprietary rights infringement
Counterfeit or unauthorized goods
Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
Regulated products and services
Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis
Adult content and services
Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
C. Unfair, predatory, or deceptive practices
Get rich quick schemes
Investment opportunities or other services that promise high rewards
Mugshot publication or pay-to-remove sites
Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
D. Products or services that are otherwise prohibited by our financial partners
Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds
Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
High risk businesses
Bankruptcy lawyers; computer technical support; psychic services; travel reservation services and clubs; airlines; cruises; timeshares; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; drop shipping; forwarding brokers; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
Pyramid schemes, network marketing, and referral marketing programs
Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
Social media activity
Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity
Substances designed to mimic illegal drugs
Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Video game or virtual world credits
Sale of in-game currency unless the merchant is the operator of the virtual world
Use of EXALTPAY in a manner inconsistent with its intended use or as expressly prohibited in the Terms of Service
Use of EXALTPAY principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing cardholder information with another merchant for payment cross-sell product or service
Basically,ExaltPay does not support any illegal or unauthorized activity thus our customers can't use us against these activities.
33. PROCESSING CARD TRANSACTIONS, RECEIVING YOUR FUNDS, AND FEES A. Processing Card Transactions: As used in this Agreement, a “Chargeback” is a request that you customer files directly with an issuing bank to reverse or invalidate a processed payment, and a “Refund” means a reversal of a charge, in whole or in part, that you initiate. “Claim” means a challenge to a payment that you or a buyer customer files directly with EXALTPAY. “Reversal” means EXALTPAY reverses the settlement of funds from a processed card transaction that you received because
(a) the card transaction is invalidated by the card issuer for any reason
(b) the settlement funds were sent to you in error for any reason
(c) the sender of the payment did not have authorization to send the payment (for example, the purchaser used a card that did not belong to him or her)
(d) you received the payment for activities that violated this Agreement or any other agreement you have with EXALTPAY or
(e) we decided a Claim against you.
You agree that you will honor all eligible cards presented for payment by your customers for your products and services in accordance with the Network Rules, this Agreement and any operating guides that we may provide you from time to time. You agree that you will obtain an authorization for each card transaction, as required under the Network Rules, and will not submit a card transaction for settlement where you know there is a negative authorization or the card is otherwise expired or invalid. You acknowledge that the existence of an affirmative authorization from us or the Card Networks does not mean that a particular card transaction won’t result in a Chargeback, Reversal or Claim at some later date.
While you may charge fees for your products or services, you may not impose any fee or surcharge for payment processing on a customer that seeks to use an eligible payment card or misrepresent fees charged for payment processing. You will provide a receipt to the customer at the conclusion of the purchase transaction that includes all information required under Card Network rules and applicable law.
You will submit all card transactions for processing no later than 3 days from the date of authorization. You will maintain appropriate records of all payment transactions for a period of at least 2 years from the date of the transaction.
You will display all Card Network marks in accordance with the rules and procedures of the Card Networks, and will use such marks only to indicate that you accept their cards for payment.
We may offer you the ability to have funds settled to your bank account in a currency different from the one in which you accepted payment from a customer (“Multi-Currency Processing”). To use this service, you must provide us with a valid bank account for each currency for which you request settlement, based on our list of available settlement currencies. We may add or remove currencies from our list of available settlement currencies at any time. If you use Multi-Currency Processing, we will identify at the time of charge (through an API response) the conversion rate that will apply to the charge. If you Refund a charge, the conversion rate that will apply will be the rate in effect at the time of the Refund, not the charge. By submitting a charge or refund for processing you will be deemed to have accepted the rate. You may choose not to use the Multi-Currency Processing service at any time. You may change the bank account information or other settings associated with your use of Multi-Currency Processing, but any such changes will only affect subsequent charges.
B. Payouts and Transaction History: We will pay out funds settling from the Card Networks to your designated bank or card settlement account (“Bank Account”) you provide when registering your EXALTPAY Account. Funds will be settled in the Bank Account in the amounts actually received (less our Fees, as defined below) for transactions processed by EXALTPAY Payments. Your Bank Account must be located at bank branch in the United States and held in the name of your business. You are responsible for the accuracy and correctness of information regarding your Bank Account, including inputting the correct information as part of registering or updating your Bank Account. Funds for transactions may be transferred to your Bank Account prior to funds being settled from the Card Networks. Any such funds paid to you prior to having been settled are considered preliminarily credited but may be reversed if the transaction does not ultimately clear the Card Network. The actual timing of the transfers to your Bank Account of the settling funds will be subject to the Payout Schedule (as defined below).
After transfer of funds is initiated to your Bank Account, we will update information in your EXALTPAY Account to reflect settlement. Information regarding your transactions that are processed and settled using EXALTPAY (“Transaction History”) will be available to you when you login to your EXALTPAY Account. While will provide Transaction History in your EXALTPAY Account, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your EXALTPAY Account as may be required for your business.. EXALTPAY is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations and may change the duration of the Transaction History at any time, but will always maintain the previous 18 months’ transactions.
C. Payout Schedule: “Payout Schedule” refers to the time it takes for us to initiate a transfer to your designated Bank Account of settlement funds arising from card transactions processed through EXALTPAY Payments. Once your Bank Account information has been reviewed, EXALTPAY will initiate transfer of settlement funds (net of Fees, Chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be made available to you when you login to your EXALTPAY management dashboard. The settlement funds should normally be credited to your Bank Account within 1-2 days of us initiating the payout. The initial transfer to your account may be delayed pending review of your account. We are not responsible for any action taken by the financial institution holding your Bank Account that may result in some or all of the funds not being credited to your Bank Account or not being made available to you. You can contact us at any time to inquire about changing the timing of your Payout Schedule, and will be informed of the process and requirements for EXALTPAY to review your Payout Schedule.
We reserve the right to change the Payout Schedule, suspend payouts to your Bank Account, or initiate a Reversal should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of EXALTPAY Payments, or if required by law or court order.
D. Reconciliations and Errors: Transaction History will be available to you when you login to the EXALTPAY management dashboard. You are responsible for reconciling your Transaction History with your actual transactions, and agree to notify us of any errors or discrepancies in your Transaction History (each an “Error”) arising from such reconciliation and verification. We will investigate reported Errors and attempt to rectify any Errors that you or we discover. In the event you are owed money as a result of an Error, we will transfer funds to your Bank Account in the next scheduled payout. While we may still work with you to reconcile Errors, your failure to notify us such Errors within 60 days of when it first appears on your Transaction History will be deemed a waiver of any right to amounts that may be owed to you in connection with any such Error, including any related charges.
If you submit or cause us to process transactions erroneously, you will contact us immediately. We will investigate any reported erroneous transactions and attempt to rectify them by crediting or debiting your Bank Account as appropriate. Your failure to notify us of a processing error within 30 days of when it first appears on your Transaction History will be deemed a waiver of any right to amounts owed to you.
E. Refunds and Returns: You agree to submit all Refunds for returns of your products and services that you used ExaltPay to receive payment through EXALTPAY Payments to your customers in accordance with this Agreement and Network Rules. Network Rules require that you will (i) maintain a fair return, cancellation or adjustment policy; (ii) disclose your return or cancellation policy to customers at the time of purchase; (iii) not give cash Refunds to a customer in connection with a Card sale, unless required by law; and (iv) not accept cash or any other item of value for a Refund.
Full Refunds must be for the exact dollar amount of the original transaction including tax, handling charges, and other. The Refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to customer for postage costs incurred for product returns. You will use best efforts to process all Refunds within 60 days after the original transaction date, and you acknowledge that Refunds processed after that time may not be capable of being processed.
EXALTPAY will deduct the Refund amount (including any applicable Fees) from (i) settlement funds owed to you from processing of other card transactions, or (ii) funds in any Reserve Account. Where these funds are not sufficient, you authorize EXALTPAY to initiate a debit entry to your Bank Account in the amount necessary to complete the refund transaction to the cardholder’s card. In the event EXALTPAY cannot debit your Bank Account, you agree to pay all funds owed to EXALTPAY immediately upon demand. You are solely responsible for accepting and processing returns of your products and services. We have no responsibility or obligation for processing such returns, or for responding to your customers’ inquiries about such returns.
F. Chargebacks: A Chargeback is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction where you are immediately liable for the amount of the transaction. You can be assessed Chargebacks for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. When a Chargeback is issued, you are immediately liable to EXALTPAY for the full amount of the transaction related to the Chargeback plus any associated Fees, fines, expenses or penalties (including those assessed by the Card Networks or our payment processors). You agree that EXALTPAY may recover these amounts by debiting your Bank Account, debiting the Reserve Account, or setting off any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. Where such amounts are not immediately paid to us, you agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you.
If we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.
G. Contesting your Chargebacks: You or EXALTPAY may elect to contest Chargebacks assessed against you. EXALTPAY may provide you with assistance including notifications and support to help contest your Chargebacks, but we do not assume any liability for our role or assistance in contesting Chargebacks. You agree to provide us with the necessary information, in a timely manner and at your expense, to investigate or help resolve any Chargeback. You also grant us permission to share records or other information required with financial institutions and Card Networks to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed. If the Chargeback is not resolved in your favor, we may recover the Chargeback amount and any associated fees from you. We reserve the right, upon notice to you, to charge a fee for mediating or investigating Chargeback disputes.
H. Excessive Chargebacks: At any point, EXALTPAY, the Card Networks, or our payment processors may determine that you are incurring excessive Chargebacks. Card Networks typically consider Chargeback volume approaching 1% of your total processing volume to be excessive, although the level at which you are considered to have excessive Chargebacks may be more or less than that. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in (a) additional controls and restrictions put on your use of EXALTPAY, including without limitation, (i) changes to the terms of your Reserve Account, (ii) increases to your applicable Fees, or (iii) delays in your Payout Schedule; or (b) possible suspension or termination of your EXALTPAY Account and access to the EXALTPAY Services. The Card Networks may also place additional controls or restrictions as part of their own monitoring programs for merchants with excessive Chargebacks.
I. Reserves: In certain circumstances, we may determine that a Reserve Account is necessary to provide the EXALTPAY Services to you. Where needed, EXALTPAY may, in its sole discretion, set the terms of your Reserve Account and notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for your transaction is held for a period of time or that additional amounts are held in a Reserve Account. EXALTPAY, in its sole discretion, may elect to change the terms of the Reserve Account at any time for any reason based on your payment processing history or as requested by our payment processors.
EXALTPAY may fund the Reserve Account through
(i) funds owed to you for transactions submitted through the EXALTPAY Service
(ii) debiting your Bank Account
(iii) through other sources associated with your EXALTPAY Account or
(iv) requesting that you provide funds to EXALTPAY for deposit.
Basically,ExaltPay provides several valuable service to their customers such as processing card transactions, receiving your funds, and fees.
34. FORCE MAJEURE: No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations, including without limitation for Reversals, Chargebacks, Claims, fines, fees, refunds or unfulfilled products and services.
Basically,We are not responsible for any delay in processing due to any reason such as fires.
Basically,ExaltPay is not responsible for any losses which you may occur as a result of our complying with Legal Process.
36. PAYMENT AUTHORIZATION: You hereby authorize the Bank to hold, receive, disburse and settle funds on your behalf, including generating a paper draft or electronic funds transfer to process each payment transaction that you authorize. Subject to this Agreement, you also authorize the Bank to debit or credit any payment card or other payment method we accept. In addition, you authorize the Bank to initiate electronic ACH entries to each Bank Account for which you input routing number and account number on the Site, and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the ACH Rules, and you agree that all ACH transactions that you initiate will comply with all applicable law. Your authorization will remain in full force and effect until your Account is closed or terminated.
Basically,Accepting this agreement means that you are directly authorizing us to use your bank or card to process payments on your behalf.
37. ACCEPTED PAYMENT METHODS: EXALTPAY supports most domestic and international credit, debit, prepaid or gift cards with a Visa, MasterCard, American Express or Discover logo. We will only process card transactions that have been authorized by the applicable Network or card issuer. We may add or remove support for certain payment cards at any time without prior notice. You agree to accept all of the cards issued by Networks that EXALTPAY supports in accordance with the terms of this Agreement. EXALTPAY also supports payments via ACH from U.S.-based Purchasers with a U.S. bank account. At our discretion, EXALTPAY may conduct verification checks on Purchasers to ensure account ownership and sufficient balance, and we may refuse to process payments from Purchasers at any time.
Basically,ExaltPay supports mostly all domestic as well as international cards such as credit, debit, gift cards, Visa card, Master card, or American Express.
38. CARDHOLDER SECURITY/PCI COMPLIANCE: “Cardholder Data” is information associated with a payment card, such as account number, expiration date, and CVV2. EXALTPAY is a validated PCI Level 1 Service Provider and so is qualified to handle Cardholder Data in connection with the Service. If you handle, transmit, or store any Cardholder Data in connection with your use of the Service, you agree to comply at all times with the Payment Card Industry Data Security Standards (“PCI DSS”). Further, you agree to certify such compliance and provide documentation in accordance with Operating Regulations. You also agree that you will use only PCI compliant service providers in connection with the storage, processing, or transmission of Cardholder Data. You will remove Cardholder Data from your systems, and any other place where you store it, as soon as practicable and in no event more than 24 hours after you receive an authorization decision. You are fully responsible for the security of data (including but not limited to Cardholder Data) on your website or otherwise in your possession or control. You agree to comply with all applicable laws, Network Regulations, and rules in connection with your collection, security and dissemination of any personal, financial, or transaction information. You agree to notify EXALTPAY immediately if you provide any third party with access (or otherwise permit, authorize, or enable such third party’s access) to any Cardholder Data.
Unless a Purchaser expressly grants you consent, you may not retain, track, monitor, store, disclose or otherwise use any data collected from such Purchaser (e.g. to send any marketing or promotional materials to such Purchaser) except in connection with the transaction in which it was given and any post-transaction activities in connection with such immediate transaction (e.g., a Chargeback).
Basically,ExaltPay ensure high level security or PCI compliance for our customers so that their crucial information does not disclosed to others.
39. CERTAIN SUB-MERCHANT RESPONSIBILITIES: Sub-merchant agrees to comply, and to cause third parties acting as Sub-merchant's agent ("Agents") to comply, with the Associations' and other payment networks' by-laws, operating regulations and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations or payment networks (collectively, "Operating Regulations"). Sub-merchant may review the VISA, MasterCard, and Discover websites for a copy of the Visa, MasterCard and Discover regulations.
Without limiting the foregoing, Sub-merchant agrees that it will fully comply with any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury's Office of Foreign Assets Control (OFAC) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Sub-merchant's software providers and/or equipment providers. If so indicated in the Terms of Service, Sub-merchant may be a limited-acceptance merchant, which means that Sub-merchant has elected to accept only certain Visa and MasterCard card types (i.e., consumer credit, consumer debit, and commercial cards) and must display appropriate signage to indicate the same. Acquirer has no obligation other than those expressly provided under the Operating Regulations and applicable law as they may relate to limited acceptance. Sub-merchant, and not Acquirer, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to policing the card type(s) accepted at the point of sale. Sub-merchant shall only complete sales transactions produced as the direct result of bona fide sales made by Sub-merchant to cardholders, and is expressly prohibited from presenting sales transactions which are produced as a result of sales made by any person or entity other than Sub-merchant, or for any purposes related to any illegal or prohibited activity, including but not limited to money-laundering or financing of terrorist activities. Sub-merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions: i) the minimum transaction amount does not differentiate between card issuers; ii) the minimum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand; and iii) the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). Sub-merchant may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions: Sub-merchant is a i) department, agency or instrumentality of the U.S. government; ii) corporation owned or controlled by the U.S. government; or iii) Sub-merchant whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249 - Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand.
Basically,In the agreement with ExaltPay, all the activities for which sub merchants are responsible are explained clearly so that no one else is responsible for anything.
40. SUB-MERCHANT PROHIBITIONS: Sub-merchant must not
i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed,
ii) add any tax to transactions, unless applicable law expressly requires that a Sub-merchant impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately),
iii) request or use an account number for any purpose other than as payment for its goods or services,
iv) disburse funds in the form of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from Sub-merchant,
v) disburse funds in the form of cash unless Sub-merchant is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by the Sub-merchant), or Sub-merchant is participating in a cash back service,
vi) submit any transaction receipt for a transaction that was previously charged back to the Acquirer and subsequently returned to Sub-merchant, irrespective of cardholder approval,
vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt,
viii) accept a card to collect or refinance an existing debt that has been deemed uncollectable, or
ix) submit a transaction that represents collection of a dishonored check. Sub-merchant further agrees that, under no circumstance, will Sub-merchant store cardholder data in violation of the Laws or the Operating Regulations including but not limited to the storage of track-2 data. Neither Sub-merchant nor its Agent shall retain or store magnetic-exaltpay data subsequent to the authorization of a sales transaction.
Basically,We describes all the things which are prohibited for the sub merchants associated with ExaltPay.
41. SETTLEMENT: Upon receipt of Sub-merchant's sales data for card transactions, Acquirer will process Sub-merchant's sales data to facilitate the funds transfer between the various Associations and Sub-merchant. After Acquirer receives credit for such sales data, subject to the terms set forth herein, Acquirer will fund Sub-merchant directly to Sub-merchant's designated demand deposit account ("Sub-merchant-Owned Designated Account") or, at Sub-merchant's request, to a third-party check writer's account.. Any dispute regarding amount of settlement shall be between EXALTPAY and Sub-merchant. Any dispute regarding the receipt of settlement shall be between Acquirer and Sub-merchant. Acquirer will debit the EXALTPAY Reserve Account for funds owed to Acquirer as a result of the Services provided hereunder, provided that Acquirer may also debit the Sub-merchant-Owned Designated Account for funds owed to Acquirer as a result of the Services provided hereunder. Further, if a cardholder disputes a transaction, if a transaction is charged back for any reason, or if Acquirer reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction may be charged back and debited from Sub-merchant or the EXALTPAY reserve account.
42. MISCELLANEOUS: This Agreement shall be binding upon Sub-merchant upon Sub-merchant's acceptance (by "click through" agreement or otherwise). The term of this Agreement shall begin, and the terms of the Agreement shall be deemed accepted and binding upon Acquirer, on the date Acquirer accepts this Agreement by issuing a merchant identification number and shall be coterminous with EXALTPAY's Terms of Service with Sub-merchant. Notwithstanding the foregoing, Acquirer may immediately cease providing Services and/or terminate this Agreement without notice if
(i) Sub-merchant or EXALTPAY fails to pay any amount to Acquirer when due,
(ii) in Acquirer's opinion, provision of a service to Sub-merchant or EXALTPAY may be a violation of the Operating Regulations or any Laws,
(iii) Acquirer believes that Sub-merchant has violated or is likely to violate the Operating Regulations or the Laws,
(iv) Acquirer determines Sub-merchant poses a financial or regulatory risk to Acquirer or an Association,
(v) Acquirer's agreement with EXALTPAY terminates,
(vi) any Association deregisters EXALTPAY,
(vii) Acquirer ceases to be a member of the Associations or fails to have the required licenses, or
(viii) Acquirer is required to do so by any of the Associations. Sub-merchant agrees to provide Acquirer, via a communication with EXALTPAY, with written notice of any alleged beach by Acquirer of this Agreement, which notice will specifically detail such alleged breach, within thirty (30) days of the date on which the alleged breach first occurred. Failure to so provide notice shall be deemed an acceptance by Sub-merchant and a waiver of any and all rights to dispute such breach.
EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, ACQUIRER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sub-merchant's sole and exclusive remedy for any and all claims against Acquirer arising out of or in any way related to the transactions contemplated herein shall be termination of this Agreement. In the event that Sub-merchant has any claim arising in connection with the Services, rights, and/or obligations defined in this Agreement, Sub-merchant shall proceed against EXALTPAY and not Acquirer, unless otherwise specifically set forth within the Operating Regulations. In no event shall Acquirer have any liability to Sub-merchant with respect to this Agreement or the Services. Sub-merchant acknowledges Acquirer is only providing this Agreement to assist in EXALTPAY's processing relationship with Sub-merchant, that Acquirer is not liable for any action or failure to act by EXALTPAY, and that Acquirer shall have no liability whatsoever in connection with any products or services provided to Sub-merchant by EXALTPAY. If EXALTPAY is unable to provide its services to Sub-merchant in connection with this Agreement and Acquirer elects to provide those services, directly, Sub-merchant acknowledges and agrees that the provisions of this Agreement will no longer apply and the terms of Acquirer's then current Bank Card Merchant Agreement, which would be provided to Sub-merchant, will govern Acquirer's relationship with Sub-merchant. If EXALTPAY subsequently provides its services to Sub-merchant in connection with this Agreement, Acquirer will cease to provide such services after receipt of notice from EXALTPAY and this Agreement will govern Acquirer's relationship with Sub-merchant. This Agreement is entered into, governed by, and construed pursuant to the laws of the State of Texas without regard to conflicts of law provisions. This Agreement may not be assigned by Sub-merchant without the prior written consent of Acquirer. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement is for the benefit of, and may be enforced only by, Acquirer and Sub-merchant and is not for the benefit of, and may not be enforced by, any other party. Acquirer may amend this Agreement upon notice to Sub-merchant in accordance with Acquirer's standard operating procedure. If any provision of this Agreement is determined to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if such provision is not contained in the Agreement. "Member Bank" as used in this Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Agreement.
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16135 Preston Rd Suite #215,
Dallas, TX 75248