Terms & Conditions
(updated as of March 2015)
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 Albion Management Group, LLC or its authorized agents dba www.dataqom.com (Albion Management Group, LLC 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. By executing and delivering the Order to Albion Management Group, LLC or its authorized agents, Merchant agrees that these Terms and Conditions govern the Services (as defined below).
2. Services. Albion Management Group, LLC or its authorized agents provide the following services: (a) payment card industry (PCI) compliance administrative services; (b) Health Insurance Portability and Accountability Act (HIPAA) compliance administrative services; (c) data backup services; (d) merchant credit card processing services; (e) accounting software placement services; and (f) credit card hardware placement services (collectively, the Services). By its execution and delivery of the Order to Albion Management Group, LLC or its authorized agents, Merchant appoints Albion Management Group, LLC or its authorized agents as the exclusive provider of the Services to Merchant. If Merchants 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 Albion Management Group, LLC or its authorized agents then-current Fees (as defined below) for such additional Services.
3. Third Party Vendors. Merchant acknowledges and agrees that Albion Management Group, LLC 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 Albion Management Group, LLC 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 changes for adjustments to reflect costs incurred by Albion Management Group, LLC or its authorized agents in its cost of providing the Services or changes 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 Albion Management Group, LLC or its authorized agents (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.
(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 Merchants 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 Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents costs, expenses and overhead for the unused Services.
(f) If merchant terminates processing agreement within 36 months, merchant will pay an Early Termination Fee (ETF) of $495, agreement will auto renew for 1 year periods. Merchant must notify with 30 day notice in writing prior to expiration of term, any QuickBooks software or credit card processing hardware provided under the free placement program will be charged full retail value.
Any and all fees and charges set forth in this Agreement are subject to change from time to time, as determined by Albion Management Group, LLC or its authorized agents in its sole discretion.
5. PCI Compliance Administrative Services. If Merchant engages Albion Management Group, LLC or its authorized agents PCI compliance administration services as part of the Services, then Albion Management Group, LLC or its authorized agents shall provide Merchant
(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;
(b) QuickBooks Pro 2012 software with one (1) license at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above);
(c) one (1) VeriFone VX570 Terminal (or replacement model) at no charge (except for shipping charges in the amount of twenty-five dollars ($25.00) as set forth above); and
(d) one (1) Magtek check imager with check services only at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above). Merchant will be billed for additional backup at a rate of sixty-five cents ($0.65) per .65GB over the provided package amount. Albion Management Group, LLC or its authorized agents shall charge an additional fee in the amount of seventy-five dollars ($75.00) for remediation on PCI compliance in the event of failure.
e. PCI Renewal Service, each year upon the annual date of enrollment a renewal fee will be added to the base monthly fee.
6. HIPAA Compliance Administrative Services.
(a) HIPAA/HSC (HIPAA Solutions Center): Merchant shall be entitled to thirty (30) day free trial period of Albion Management Group, LLC or its authorized agents HSC, which will include a download services for HIPAA assessment and HSC compliance review and certification (and Merchant will be billed for the regular charges for the HIPPA/HSC apply following such trial period for the particular package).
(b) If Merchant engages Albion Management Group, LLC or its authorized agents HIPAA compliance administration services as part of the Services, then Albion Management Group, LLC or its authorized agents shall provide Merchant 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. Merchant will be billed for additional backup at a rate of sixty-five cents ($0.65) per .65GB over the provided package amount.
(c) If Merchant transmits, receives or maintains Protected Health Information as defined HIPAA or other personally identifiable information, Merchant agrees to protect and safeguard against disclosure of such information in accordance with applicable law. Merchant shall implement and maintain reasonable and appropriate administrative, technical and physical safeguards to protect the confidentiality, integrity and availability of all Protected Health Information, personally identifiable information and any and all other confidential information accessible on or through use of the site or the Services.
7. Merchant Credit Card Processing Services. If Merchant engages Albion Management Group, LLC or its authorized agents credit card processing services as part of the Services, then Merchant may elect any of the following options, if merchant does not activate and process credit cards the full retail value may be billed.
(a) Albion Management Group, LLC or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above) and one (1) credit card swiper (valued at two hundred and forty nine dollars ($249.00)) at no charge to Merchant (except for shipping charges in the amount of five dollars ($5.00) as set forth above); or
(b) Albion Management Group, LLC or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above) and VeriFone VX570 Terminal at no charge (except for shipping charges in the amount of twenty-five dollars ($25.00) as set forth above); or
(c) Albion Management Group, LLC or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above) and one (1) Magtek check imager with check services only at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above); or
(d) Albion Management Group, LLC or its authorized agents shall provide Merchant with QuickBooks Pro software with one (1) license at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above) and either (i) pin pad at no charge (except for shipping charges in the amount of thirty-five dollars ($35.00) as set forth above) or (ii) one (1) Magtek check imager with check services only at no charge (except for shipping charges in the amount of five dollars ($5.00) as set forth above.
8. Merchants 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 Albion Management Group, LLC 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 Albion Management Group, LLC 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 Merchants network environment revealed by any quarterly PCI scans, annual SAQs, or as otherwise noted to Merchant by Albion Management Group, LLC or its authorized agents and/or Third Party Vendor.
(e) Information Requests. Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents and/or any Third Party Vendor is or was untrue, incomplete or inaccurate, Merchant inform Albion Management Group, LLC or its authorized agents and/or Third Party Vendor of the discrepancy within five (5) days following Merchants 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 Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents of any untrue, incomplete or inaccurate statements prepared by Albion Management Group, LLC or its authorized agents and/or any Third Party Vendor.
(f) Software Use. Any software that Albion Management Group, LLC 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) Albion Management Group, LLC or its authorized agents. Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents directly provide the Services hereunder, Albion Management Group, LLC 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. Albion Management Group, LLC 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, Albion Management Group, LLC or its authorized agents shall use reasonable efforts to diligently and promptly remedy any and all material interruptions. Nonetheless, Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents or its vendors.
(b) Merchant. Merchant represents and warrants to Albion Management Group, LLC 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 Albion Management Group, LLC 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 Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents and Merchant is that of independent contractors. Neither Merchant nor Merchants employees, consultants, contractors or agents are agents, employees, partners or joint ventures of Albion Management Group, LLC or its authorized agents, nor do they have any authority to bind Albion Management Group, LLC or its authorized agents by contract or otherwise to any obligation.
11. Term and Termination. 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 Albion Management Group, LLC 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, Albion Management Group, LLC or its authorized agents may terminate the Order and the Services either (i) upon seven (7) days notice to Merchant for convenience at any time for any reason, or no reason at all (Termination for Convenience), or (ii) without prior notice if Merchant breaches the terms of the Order or this Agreement (Termination for Breach). In the event of a Termination for Convenience, Merchant shall not be responsible for any Fees beyond the date on which Albion Management Group, LLC 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. Merchant hereby authorizes Albion Management Group, LLC or its authorized agents to debit any charges due by the Merchant under this Agreement or any other agreement between Merchant and Albion Management Group, LLC or its authorized agents or its affiliates from any checking, savings, credit card or any other type of account provided by the Merchant to Albion Management Group, LLC 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 Albion Management Group, LLC or its authorized agents Privacy Policy with respect to site use. Users agree not to interfere with the Albion Management Group, LLC or its authorized agents website or use it for an illegal or improper purpose. User acknowledges that Albion Management Group, LLC 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 Albion Management Group, LLC 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. Albion Management Group, LLC or its authorized agents reserves the right, in its sole discretion, to terminate a Users access to any or all of Albion Management Group, LLC or its authorized agents websites and the related services or any portion thereof at any time, without notice and for any reason. Links on a Albion Management Group, LLC or its authorized agents website are not under the control of Albion Management Group, LLC or its authorized agents, and Albion Management Group, LLC 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 8(A) OF THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTY WHATSOEVER. ALBION MANAGEMENT GROUP, LLC OR ITS AUTHORIZED AGENTS 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. ALBION MANAGEMENT GROUP, LLC 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 ALBION MANAGEMENT GROUP, LLC OR ITS AUTHORIZED AGENTS OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ALBION MANAGEMENT GROUP, LLC OR ITS AUTHORIZED AGENTS OBLIGATIONS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED IN THIS AGREEMENT, ALBION MANAGEMENT GROUP, LLC 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 ALBION MANAGEMENT GROUP, LLC 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 ALBION MANAGEMENT GROUP, LLC 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 Albion Management Group, LLC 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, Merchants 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. Miscellaneous.
(a) Successors and Assigns. These Terms of Service and the terms of the Order will bind and inure to the benefit of each partys 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 Albion Management Group, LLC or its authorized agents, which consent shall be in Albion Management Group, LLC or its authorized agentss sole discretion. Albion Management Group, LLC 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 1-15 shall survive termination of this Agreement.
ORDER AND SET UP FORM
Merchant shall pay to Albion Management Group, LLC or its authorized agents and/or its Third Party Vendors the fees and charges set forth in this Order and Set Up Form (this Order) for the Services, and any other fees or charges specified in the Terms of Service (the Terms of Service or Agreement), the terms of which, including all amendments thereto, are incorporated into this Order herein by this reference, a copy of which can found on CCS website (the Website) or may be requested by written request to Albion Management Group, LLC or its authorized agents. All capitalized terms used herein and not otherwise defined shall have the same definitions as set forth in the Terms of Service. Merchant agrees and understands that the Terms of Service may be amended from time to time by Albion Management Group, LLC or its authorized agents, in its sole discretion. Any amendments to the Terms of Service shall be posted on the Website and shall become effective immediately. By its signature below, the Merchant hereby acknowledges that it has reviewed the Terms of Service and accepts and agrees to the terms.
ALL SALES ARE FINAL. Except as expressly stated in the Terms of Service, fees are non-refundable once paid.
Merchant hereby authorizes Albion Management Group, LLC or its authorized agents or its authorized agents to debit Merchants bank account(s) on a monthly basis for the Fees set forth in this Order and for any other Fees, charges, or adjustments incurred by the Merchant or Third Party Vendors during the term of the Services and pursuant to the Terms of Service. Merchant is obligated to pay all taxes and other charges imposed by any government authority on the Services provided under this Order. Albion Management Group, LLC or its authorized agents and/or its Third Party Vendors shall have the right to change fees, with our without notice, including adding fees for additional Services utilized by the Merchant.
The undersigned, on behalf of Merchant, declares under penalty of perjury under the laws of the State of Arizona and under the laws of the state in which my business is located that all of the information contained in this Order and all attachments or supplements thereto are true, correct and complete.
Acknowledged and agreed this ___ day of _______, 20__ by:
MERCHANT:
By:
Name:
Title:
Data Backup Terms & Conditions