Terms and Conditions
RETAIL LOCKBOX MERCHANT SERVICES LLC.
USER AGREEMENT- Version 1.1
Last Modified: July 19, 2017
This is an important document which you must consider carefully when choosing whether to use Paystation.com® or other Retail Lockbox Merchant Services LLC products and services.
You must click the box that says “I accept the terms and conditions” in order to access the RLMS Services.
This User Agreement ("Agreement") is a contract between you and Retail Lockbox Merchant Services, LLC (“RLMS”), and applies to your use of or access to RLMS services, products, and/or websites, including Paystation.com® (“RLMS Services”). You must read, agree with and accept all of the terms and conditions contained in this Agreement. If you do not agree to or are not in compliance with these terms, you can not use the RLMS Services.
We may update, amend or modify this Agreement by posting a revised version on our website. The revised version will be effective at the time we post it. Your continued use of the RLMS Services signifies your agreement to be bound by and to comply with such updated Agreement.
1. RLMS Services.
1.1. RLMS is Only a Payment Service Provider. RLMS helps you make payments to third parties. RLMS is an independent contractor for all purposes, except that RLMS acts as your agent with respect to authorizing and processing payments pursuant to your instructions. RLMS does not have control of, or liability for, the products or services that are paid for with the RLMS Services.
1.2. Service Interruptions. Although rare, the RLMS Services may be interrupted for scheduled maintenance or to address unscheduled service interruptions or failures. RLMS aims to maintain industry standard service availability, however you acknowledge that the RLMS Services may be temporarily unavailable from time to time.
2. Privacy. Protecting your privacy is important to RLMS. Please review our privacy policy at https://www.paystation.com/home/privacy in order to better understand our commitment to your privacy, as well as our use and disclosure of your Information. As defined in the privacy policy "Providers" refer to the collective group of subsidiaries, affiliated companies or other third party businesses or persons used in the processing of a payment.
3. Account Eligibility and User Obligations.
3.1. Account Eligibility. In order to use RLMS Services, you represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are a resident of the US; (2) if you are an organization, that you are validly organized under applicable US law, and the person completing this payment is authorized to make that payment on the entity’s behalf.
3.2. You are Responsible for Providing Us Accurate Information. When using the RLMS Services, you agree to provide accurate information to RLMS at all times.
3.3. Protecting Your ID is Your Responsibility. You are responsible for maintaining adequate security and control of your information while making payments in the RLMS Services.
3.4. User Prohibitions. With regard to your use of the RLMS Services, you agree not to engage in any of the following activities and that doing so is a breach of this Agreement:
3.4.1. Violating local, state, or other applicable laws or regulations;
3.4.2. Posting on an RLMS site or transferring to RLMS User Content that infringes the intellectual property rights, privacy, publicity or other rights of any third party;
3.4.3. Posting on an RLMS site or transferring to RLMS User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third party as determined in our sole discretion;
3.4.4. Posting on an RLMS site or transferring to RLMS any User Content or materials to solicit business for yourself or any third party;
3.4.5. Impersonating a third party or implying you are someone other than who you are;
3.4.6. Distributing viruses or other harmful or malicious computer code;
3.4.7. Collecting information about others without their explicit written consent;
3.4.8. Providing your access credentials and/or otherwise allowing a third party or third party system to use your identification or to pretend they are you.
3.4.9. Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the RLMS Services, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
Without limiting the foregoing, you may not engage or attempt to engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the RLMS Services or that uses web “bots” or similar data gathering or extraction methods, or knowingly permit use of your access or credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RLMS Services.
4. Processing Payments .
4.1. Payment Methods. For each transaction you authorize, you must select a payment method: credit card, debit card, or ACH withdrawal from your designated bank account. RLMS may discontinue or support alternative or additional payment methods from time to time.
4.2. Payments on in US Dollars. We only process payments denominated in US Dollars.
4.3. Credit and Debit Card Processing. RLMS will process your credit and debit card funded transactions through either the ATM debit network or the credit card network.
4.4. Bank Transfers. For any transaction that you use your bank account as your payment method, you are requesting an electronic transfer from your bank account. For these transactions, RLMS will make electronic transfers via ACH from your bank account in the amount you specify and you agree to the following Terms and Conditions of the ACH.
Terms and Conditions of the ACH
You are electing to participate through this website's ability to make an ACH payment (EFT) to a Provider. In agreeing to this payment method, you are agreeing to the following:
· You are electing to have the withdrawal of funds out of your bank account to pay for your bill owed to the Provider
· By authorizing the EFT, you are giving electronic authorization to have the amount withdrawn from your bank account. The confirmation that this process is completed is that you will receive a reference number, and also be emailed a confirmation of successful payment as long as you provide a valid email address. Please keep this reference number and email as proof of successful payment.
· In the electronic withdrawal, no physical copy will be mailed to you as a confirmation of receipt. You agree that such copy in an electronic format is acceptable according to the terms and conditions of the EFT.
· Once you press submit and get a reference number, you are not able to withdraw your payment to the Provider. Once processed, it will take anywhere from 1-3 business days to credit to your account depending on the Provider.
· You give RLMS the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.
4.5. Refused and Refunded Transactions. When you send money, the payee or recipient is not required to accept it. You agree that you will not hold RLMS liable for any damages resulting from a recipient's or payee’s decision not to accept a payment made through the RLMS Services.
4.6. You Are Liable for Your Authorized Payments. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by RLMS, a Provider or a third party caused by or arising out of lack of funds sufficient to process an authorized payment, your breach of this Agreement, and/or your use of the RLMS Services. You agree to reimburse RLMS, a Provider, or a third party for any and all such liability.
4.7. Fees. The fees we charge for the RLMS Services are based on whether the Provider you have selected has agreed to pay our fees to enable you to access the RLMS Services. If you are responsible for payment of a Service Fee, we will notify you of the fee amount during the payment process and you will be prompted to Press Next in the section where it displays the Service Fee (Convenience Fee). By selecting Next at that time you agree to the Service Fee and an associated terms. All Fees are in U.S. Dollars unless otherwise stated. When there is a Service Fee it will be charged in addition to the principal amount (listed as Amount To Pay) you are trying to pay to the Provider. Please note the Transaction Total includes a Service Fee. This Service Fee is charged by Paystation® as a 3rd party service for the convenience of making an online payment through the website. Your Provider has partnered with Paystation® to provide this service which you are making a payment to. Please confirm your Amount To Pay, Service Fee, and Total Payment amount are correct before making a payment. When on the Service Fee section of this website, click Next to proceed with your payment. Click the Back button to change any of the information fields or to return to the beginning of the payment process if you do not accept the Service Fee. Note: Do not use your browser's "Back" button, navigate using the Back and Next buttons below. Paystation® charges a Service Fee for the use of this payment service to make the payment outlined above. This fee is a separate charge on your credit card account in addition to the principal amount you are paying to your Provider. Even though the Service Fee is included in the Transaction Total, it is a separate charge. The Provider receives no portion of the Service Fee.
Completion of a payment transaction is contingent on the successful completion of both transactions by your credit card issuing bank. Paystation® is the third party processor; any obligations and liability to ESD in regards to this payment remain your sole responsibility.
5. Content.
5.1. User Content. As between you and us, all User Content is your sole and exclusive property and you are responsible for it. “User Content” consists of any information, content or material that you upload, post or transmit to the RLMS Services other than Submissions identified in Section 5.2 below (“User Content”). Except as otherwise provided in this Agreement, we will not duplicate or otherwise extract any content contained in the User Content except to classify and manage within the RLMS Services or to aggregate User Content with other user content in such a way that it will not be personally identifiable with you. However, we may use and/or disclose any information that we reasonably believe is necessary to (1) satisfy legal requirements or governmental requests, (2) enforce or investigate violations of these Terms, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of RLMS, our users and the public.
5.2. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding us or the RLMS Services that you provide to us, whether in email, feedback forms, or other submission format, shall belong exclusively to us, without acknowledgement or compensation to you.
6. Use of RLMS Services; You are granted a limited, revocable, and non-assignable one time access and use of the RLMS Services and all content, data, information and materials included in the RLMS Services (the "RLMS Services Materials") solely for your own personal use, or if you are a commercial customer of RLMS, solely in the United States and its territories, and solely for your internal business use, subject to the terms and conditions set forth in this Agreement and/or provided in connection with the RLMS Service. All other rights are reserved by RLMS. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the RLMS Service or RLMS Service Materials in any other manner. You will not use the RLMS Services or any of the RLMS Services Materials other than for their intended purpose or in any way that is unlawful, or harms us and/or our suppliers.
7. DISCLAIMERS.
THE RLMS SERVICES, THE RLMS SERVICES MATERIALS, AND OTHER SERVICES, PRODUCTS, MATERIALS OR OTHERWISE PROVIDED IN CONNECTION THEREWITH BY RLMS, PROVIDERS, OR ANY OTHER THIRD PARTY (THE “MATERIALS”) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
RLMS, PROVIDERS AND ALL OTHER THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
RLMS, PROVIDERS AND ALL OTHER THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE MATERIALS IS SAFE, RLMS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE MATERIALS OR THE RLMS OR THIRD PARTY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability. IN NO EVENT WILL RLMS, PROVIDERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE RLMS SERVICES OR THIS AGREEMENT. IN ANY EVENT, THE MAXIMUM LIABILITY OF RLMS, ITS PROVIDERS AND OTHER THIRD PARTIES ARISING WITH RESPECT TO THE MATERIALS OR OTHERWISE, WHETHER UNDER CONTRACT, TORT OR ANY OTHER BASIS SHALL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL PAYMENT MADE BY YOU TO RLMS.
9. Indemnification. You agree to indemnify and hold RLMS, each Provider, their respective, affiliates, directors, officers, managers and agents, and all other third parties harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys' fees and legal costs) of any nature whatsoever related to your breach of this Agreement and/or your use of the RLMS Services. You further agree that neither RLMS nor any Provider will be liable for any loss, liability, cost, expense, or claim for acting upon your authorization to connect with or to pay Providers pursuant to this Agreement.
10. Completion of Your Payment. RLMS has no obligation to store your data, but may do so to comply with legal or business requirements for a reasonable time after termination. The following sections shall survive termination of this Agreement: Content, User Prohibitions, Submissions, Disclaimer, Limitation of Liability, Indemnification, Applicable Law and Venue, General Terms, and Copyright, Trademark and Patent Notices.
11. Disputes with RLMS.
11.1. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions.
11.2. Jurisdiction and Venue. You agree that any action at law or in equity arising out of or relating to these Terms can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
11.3. Waiver of Rights. You acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, or agents, arising out of or relating to your use of the RLMS Services or the Terms, (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY, and (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
12. General Terms. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the RLMS Services. Except as expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the RLMS Services. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the RLMS Services or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Credit Card Refund Policy. The company that you are paying on this website has its own specific refund policy and you would need to refer to your Biller for their specific policy. If you are processing a Service Fee as part of the transaction, the Refund Policy for the Service Fee is as follows: RLMS will only issue refunds on credit card payments in cases of fraud of an account. In cases of fraud, the customer must submit a signed affidavit from the bank or agency issuing the credit card. We will not issue a refund once the payment entry has been completed and the payor deciding that the payment should have been made on a different card.
14. Copyright, Trade Secret, Trademark and Patent Notices
Portions of the RLMS Services are protected by RLMS intellectual property rights and unless otherwise explicitly indicated in the RLMS Services, the RLMS Services Materials and the selection and arrangement thereof are the proprietary property of RLMS and its suppliers and are protected by U.S. and international copyright and trade secret laws. The RLMS name, paystation.com® and any RLMS products and services slogans or logos referenced herein are either trademarks or registered trademarks of RLMS in the United States and/or other countries. The names of Providers and other third party companies and products may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
If you are a copyright owner and believe your copyrighted material has been used on the RLMS Services in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to Retail Lockbox Merchant Services LLC. Notice: Infringement, PO Box 84451, Seattle, WA 98124.
Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the RLMS Services, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512. RLMS is a “service provider” as that term is defined in 17 U.S.C. §§ 512(k)(1)(A) and 512(k)(1)B), providing transmission, routing, or connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.
