Effective Date: September 18, 2017
This agreement (the “Agreement”) describes your rights and responsibilities in your use of the ATGPay website (the “Site”), mobile apps (the “App”) and the ATGPay online payment system (collectively, the “Services”), both as a visitor and as a registered user. Unless otherwise stated, any new features or functionality provided on the Site or App are also part of the Services. By accessing or using the Services, whether through a personal computer, mobile device or any other means, you agree to be bound by the terms of this Agreement. We ask that you read the Agreement carefully before registering or using the Services. If you do not accept this Agreement, you may not use the Services.
The Services are operated by Advanced Technology Group, Inc. “Company,” “we,” and “us” are used to refer to Advanced Technology Group, Inc. and its parent companies, affiliates, and subsidiaries. You acknowledge and agree that the terms of this Agreement will enure to the benefit of each of these parties.
The terms of this Agreement are subject to change at any time. The most current version of the Agreement can always be viewed on the Site and at the place where you downloaded the App and we will let you know when the latest update occurred by changing the “Effective Date” at the top of the Agreement. If you keep using the Services after the latest Effective Date, you accept and agree to the new Agreement.
Use of the Services
The Services offer a method for individual users to provide one-time or recurring payments via the Internet to third parties (“Merchant”) for various services through an electronic check from your bank account, with a credit card, debit card or other payment card, and by other similar methods as may be approved by an applicable Merchant. The Services also allow you to store your payment information. While you are logged into your ATGPay account, the Services give you the ability to make payments using your stored payment information. The Services, the storage of your payment information and your use of the Services to make payments do not change your relationship with any third party to whom you are sending funds or your bank or credit card company. You are solely responsible for the purchases you make using the Services. Company shall have no liability for the products or services purchased using the Services. By using the Services, you represent and warrant that you will not use the Services for fraudulent or unlawful purposes.
Payments, Service Fees and Other Fees
A service fee is charged for each payment transaction made using the Services (a “Service Fee”). The Service Fee is different from the fees you authorize to be paid to a Merchant, and you agree that such Service Fees are not surcharges. Rather, the Service Fee is a payment made to us for the benefit of using the Services and the fees and expenses that we incur in facilitating each payment. When using the Services to make a payment, the Service Fee is displayed separately from the payment to the Merchant and you will be given the opportunity to “Submit” or “Cancel” the total value of the transaction (Service Fee plus payment amount to Merchant). The Service Fee is credited directly to us and the payment to Merchant is credited directly to the Merchant on the date you authorize the transaction. A confirmation receipt for the transaction will be emailed to you, if you authorize us to send such confirmation.
If your bank declines to process your payment due to insufficient funds, you agree that we may process from the same account used in the transaction an automatic $25 fee (“Insufficient Funds Fee”) in respect of such declined payment, in compensation for the fees and expenses that we incur in attempting to process such payment on your behalf. You are solely responsible for any additional fees charged by your bank in connection with insufficient funds or the Insufficient Funds Fee or declining a transaction.
You may be given the option to set up recurring payments with a Merchant. If you select such option, you authorize us to debit from the account designated for the transaction the authorized payment amount and applicable Service Fee on the specified payment due date each month. You may cancel a recurring payment at any time, subject to applicable policies of the Merchant. If the method of calculating the Service Fee for a recurring payment is changed, in our sole discretion in accordance with applicable law, you will be notified and required to approve the change before the applicable recurring payment is made via the Services. With respect to recurring payments that may have varying amounts, you acknowledge that we will calculate the Service Fee based on the amount of the applicable payment, which may result in varying Service Fee amounts from payment to payment.
Provided that a payment made by you is still processing and has not been transferred and received by the Merchant, you may request a refund of the payment by emailing firstname.lastname@example.org with your transaction confirmation number and the amount to be refunded. If the payment has been transferred and received by the Merchant, or you do not have a confirmation number, you must contact the Merchant directly for a refund. We fulfil refund requests during Company business hours, Monday through Friday, from 9:00 AM ET to 5:00 PM ET.
Representations and Warranties
By using the Services, you represent and warrant that: (i) you are at least 18 years of age, (ii) all personal information you provide to us is complete and accurate, (iii) if there are any changes to your personal information, you will promptly update and correct such information and it is your sole responsibility to do so, (iv) you will not violate and will fully comply with all applicable laws, including federal, state and local laws, statutes, ordinances and regulations, (v) you are authorized to make payments from and/or use the bank, credit card, debit card, payment card or other payment method used to make a payment using the Services; (vi) you are solely responsible for the use of your ATGPay account and password and will not share such information with any other individual or entity, and (vii) you will immediately notify us at email@example.com of any unauthorized access to your ATGPay account. You hereby consent to the use of any identification confirmation techniques we deem necessary to verify and validate your identity.
Prohibited Use and Activities
By using the Services, you agree that you will not: (i) violate any applicable law, statute, ordinance, rule or regulation, (ii) provide false, inaccurate or misleading information, (iii) send or attempt to send fraudulent payments or make payments that you are not authorized to make; (iv) use an account that uses fraudulent funds in connection with the Services; (v) knowingly introduce any viruses, Trojan horses, worms or other programs that may cause any security problems with the Services or interfere with the Services or any data, systems, or information associated with the Services, (vi) use an anonymizing proxy, (vii) use any robot, spider, automatic device or manual method to copy the Services; (viii) interfere or attempt to interfere with the Services or bypass the robot exclusion headers in the Services by using any device, software or routine; (ix) take any action that would cause the Services to lose any functionality, compromise the security of the Services or compromise our ability to obtain services from Internet providers, payment processors or any third party or supplier.
If we believe, in our sole discretion, that you have engaged in any of the above listed activities or otherwise used the Services illegally or for illegal purposes, we may take various actions against you, in our sole discretion, including, but not limited to: (i) canceling or shutting down your ATGPay account, (ii) contacting the financial institution associated with our payment information or ATGPay account, (iii) notifying the Merchant, (iv) notifying government or law enforcement authorities, and/or (v) taking legal action against you.
Restrictions from our Third Party Suppliers
Some of the information and services available through the Services are licensed from third parties and covered by these third-party terms and disclosures:
- You may not sublicense, resell, or otherwise distribute any data from our third-party licensors to any third party; it is only for your personal use of the Services.
- Users of our iOS application are subject to the following terms required by Apple: To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights. Where permitted by law, Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary, and (2) Apple is not a party to this Agreement and is not responsible for the App or its contents.
Using our App
By downloading and installing the App, we grant you a limited non-transferable license to use the App only to access and use the Services for your personal use through your iOS or Android product. Additional terms from the manufacturer of your device, Apple App Store, Google Play store, or other service where the App may be downloaded, may apply.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, PARENT COMPANIES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “RELEASEES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES (OR ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR BY WAY OF THE SERVICES), INCLUDING YOUR USE OF THE SITE OR APP, THIS AGREEMENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF COMPANY OR OUR SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RELEASEES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED $10 US DOLLARS.
Some jurisdictions do not allow damages exclusions, so they may not apply to you.
Governing Law/Venue and Jurisdiction
This agreement is governed by Texas law as it applies to agreements entered into and to be performed entirely within Texas between Texas residents. Some jurisdictions (including the European Union) provide consumers with mandatory rights that cannot be excluded via choice of law; if you are in such a jurisdiction, the preceding sentence does not affect those rights. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS LOCATED IN DALLAS, TEXAS FOR ALL MATTERS AND DISPUTES ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE SERVICES.
By accessing or using the Services, registering, sending an email or otherwise communicating with Company through the Services, you are communicating with Company electronically, and you agree to receive electronic communication from Company, by email and by posting to the Site. You agree that any electronic communication from Company satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Company or the Services, including, without limitation, by email or otherwise, are and will be treated as non-confidential and non-proprietary.
If someone brings a claim against any of the Releasees or any of their respective employees, directors, or officers, based on a harm you caused or any other breach of this Agreement by you, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as all damages.
You agree and acknowledge that the relationship between you and us is that of service provider and customer and nothing herein, nor your use of the Services, shall be deemed to create any agency, partnership, joint venture, employment or franchise relationship. If any clause or portion of this Agreement is deemed unenforceable by a court, such provision shall be enforced to the fullest extent possible without affecting the effectiveness of any other portion of this Agreement. A failure or delay by either party in exercising any right under this Agreement shall not constitute a waiver of such right. Company shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control, including, but not limited to, Acts of God, acts of military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU government list of prohibited or restricted parties.
You hereby warrant that your access to and use of the Services shall comply with all applicable laws, statutes and regulations of your jurisdiction, including, without limitation, export and import regulations. If you breach or we believe that your behavior on the Services could result in a breach of this Agreement in any way, we reserve the right, in our sole discretion, to terminate your access to the Services, or to modify or discontinue the Services, in whole or in part, at any time and without notice. You agree that Company will have no liability to you or to any third party for any termination, modification, or discontinuance of the Services.
If you have any questions or comments about this Agreement or anything else, you may contact us at: firstname.lastname@example.org.