RELIABILLS TERMS OF SERVICE AGREEMENT
(Effective May 25, 2018)
These Terms of Service constitute a legal agreement (“Agreement”) between you (collectively, “You”, “Your”, “User”) and ReliaBills, LLC (collectively, “ReliaBills”, “Us”, “We” or “Our”) for invoicing, email delivery and any other related products or services (the “Service” or “Services”). This Agreement governs both the Services and any assigned account (“Account”) used in connection with the Services. Your initialization, use of or registration of the Services, through the ReliaBills website at www.reliabills.com, constitutes Your agreement to comply with the terms of this Agreement.
DESCRIPTION OF SERVICE
The ReliaBills Service is an online customer management, invoicing and email delivery service designed to assist businesses in managing their invoicing processes. The Service allows You to import or create electronic invoices, deliver them electronically to Your customers and track payments from Your customers.
FREE VERSION OF RELIABILLS
As a means of evaluating the Service, You will be given the opportunity to utilize the Service free of charge. You will be required to provide information necessary to satisfy login credentials.
ReliaBills is 100% free to use.
USE OF SERVICES & ACCOUNT – Acknowledgements
A. You represent and warrant that You are at least 18 years of age or the applicable age of majority in your geographic area, and that You possess the legal right and ability to enter into this Agreement.
B. You must be either a United States citizen, a legal permanent resident of the United States, or a United States business or nonprofit organization having a physical presence in the United States and authorized to conduct business by the state in which it operates.
C. You agree not to use the Services and Your Account for any unlawful or abusive purpose or in any way which interferes with Our ability to provide Services to Our clients, or which damages Our property.
D. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
When using the Service, You may upload photos, input text, or publish or share other materials (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content Yourself, or You have permission from the owners of all intellectual property rights in Your User Content to do so.
You grant ReliaBills a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display Your User Content throughout the world in any media in order provide and promote the Service. You retain all rights to Your User Content, subject to the rights granted to ReliaBills in this Agreement. You may modify or remove Your User Content via Your ReliaBills Account or by terminating Your ReliaBills Service.
ReliaBills reserves the right, at its sole discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, You may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of Your User Content.
PROHIBITED PRODUCTS, SERVICES AND USES OF RELIABILLS
By using the Service, You represent and warrant that You will not use the Service in connection with the following activities, items or services:
- Adult or adult-related services, including escort services, adult massage, or other adult-entertainment services
- Adult or adult-related content, including performers or “cam girls”
- Alimony, child support, or other court-ordered payments
- Bath salts and herbals
- Buyers clubs, or discount clubs or membership clubs
- Collection agencies, or payment for a dishonored check or for an item deemed uncollectible by another merchant
- Computer repair or maintenance services, such as antivirus programs
- Cruise lines
- Credit counseling or credit repair agencies
- Credit protection or identity theft protection services
- Counterfeit or possibly counterfeit goods, such as designer handbags, clothing and accessories, and consumer electronics
- Debt elimination, consolidation, or reduction services
- Digital goods including digital currency
- Direct marketing of subscription offers
- Distressed Property Sales and Marketing
- Drugs, alcohol, or drug paraphernalia, or items that may represent them
- Financial services, such as cash advances, bill payment, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency
- Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races
- Hate, violence, racial intolerance, or the financial exploitation of a crime
- Infomercial merchants
- Internet pharmacies or pharmacy referral sites
- Inbound or outbound telemarketing businesses including lead generation businesses
- Licensed or franchised goods or services, such as Apple products
- Legal fees including bankruptcy attorneys
- Live animals
- Magic, enchantment, sorcery or other forms of yet-to-be-explained science
- Medical equipment
- Multi-level marketing businesses, pyramid or Ponzi schemes
- Obscene or pornographic items
- Prepaid phone cards or phone services
- Real estate or motor vehicles
- Rebate or upsell programs
- Scrip-dispensing terminal
- Timeshare re-sales and related marketing
- Tobacco, cigarettes, or e-cigarettes
- Unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Weapons, including replicas and collectible items, or ammunition
- Weight loss programs
In addition, You may not use Your account for:
- Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Collecting, or attempting to collect, personal information about Users or third parties without their consent, or using such information except as necessary to use the Service;
- Sending unsolicited offers, advertisements, proposals, or junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
- Accepting payments for goods or services provided by someone other than You;
- Providing Yourself or others with a cash advance from a credit card;
- Any illegal purpose, or violating any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation, and data collection and privacy;
- Defaming, harassing, abusing, threatening, or defrauding others;
- Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy);
- Damaging, disabling, overburdening, or impairing ReliaBills, including without limitation, using the Service in an automated manner;
- Competing with ReliaBills or its business partners;
- Sending or receiving what ReliaBills considers to be funds for something that may have resulted from fraud or other illegal behavior;
- Abusing the payment card system or violating the Operating Rules, in the reasonable opinion of the Networks or ReliaBills;
- Transferring funds between bank accounts held in the same name
If ReliaBills determines that You have received funds resulting from fraud or a prohibited activity, those funds may be frozen or seized.
In addition, if We reasonably suspect that Your account has been used for an unauthorized, illegal, or criminal purpose, You give us express authorization to share information about You, Your Account, Your access to the ReliaBills Services, and any of Your transactions processed within Your account with law enforcement.
We may assign all or part of Our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of ReliaBills to a third party without notice to You; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without the prior written consent from ReliaBills.
As part of the Service, ReliaBills provides You with the ability to create and send email communications Your customers. While there is no limit to the number of emails and/or customers with whom You may communicate, ReliaBills reserves the sole right to limit the number of emails You may send in any given month. All communications must be operational in nature, and related to an invoice and/or billing. In using this service, You acknowledge content to be (i) non libelous, does not slander others, does not contain obscene or pornographic material, and is not illegal to use; (ii) do not contain devices which are intended to be used to perform illegal activities (such as, but not limited to, tools, devices or software used to defeat data encryption devices); (iii) do not contain any viruses, Trojan horses, malware, spyware, adware or other disruptive software, or any software code which is designed to disrupt, damage, or perform unauthorized actions on a computer system, or which transmits data from a user’s computer without notice to and the express prior consent of the user; and (iv) are not designed as a tool for processing e-mail for mass mailing (“spamming” tools or the like).
ReliaBills does not provide help-desk or other forms of support to end consumers concerning You, Your company, or Your products and services. ReliaBills’ support is limited to assisting You and Your company with respect to the Service.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RELIABILLS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF RELIABILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELIABILLS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT.
NOR SHALL RELIABILLS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, RELIABILLS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND RELIABILLS AGREE THAT IN NO EVENT SHALL LIABILITY OF RELIABILLS TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES TO YOU DURING THE PREVIOUS TWELVE MONTH PERIOD PRECEDING SUCH LIABILITY.
YOU AND RELIABILLS AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND RELIABILLS. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, RELIABILLS WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
You will indemnify, defend and hold ReliaBills and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a third party person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Operating Rules; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to Us that: (a) You are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (b) the name identified by You when You registered is Your name or business name under which You sell goods and services; (c) any sales transaction submitted by You as part of your use of the ReliaBills Payment Processing Service will represent a bona fide sale by You; (d) any sales transactions submitted by You will accurately describe the goods and/or services sold and delivered to a purchaser; (e) You will fulfill all of Your obligations to each purchaser for which You submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (f) You and all transactions initiated by You will comply with all federal, state, and local laws, rules, and regulations applicable to Your business, including any applicable tax laws and regulations; (g) You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (h) Your use of the Service will be in compliance with this Agreement.
SERVICE USE AND DISCLAIMER OF WARRANTIES
Reasonable efforts will be made to ensure the Service is operational 24 hours a day/7 days a week. Exceptions include: (i) planned downtime (for which We will provide prior notice); or (ii) any unavailability caused by circumstances beyond Our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. WE MAKE NO GUARANTEE AS TO THE UPTIME OR AVAILABILITY OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We may terminate this Agreement and close your ReliaBills Service for any reason or no reason at any time upon notice to You. We may also suspend the Service and access to Your Account if You (a) have violated the terms of this Agreement, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
You may terminate this Agreement by cancelling your Service at any time by emailing email@example.com. When You close your Account, any pending transactions will be cancelled. If applicable, any funds that We are holding in custody for You at the time of closure, less any applicable fees, will be paid out according to Your payout schedule. We reserve the right to hold Your funds as described herein. If You are later determined to be entitled to some or all of the funds in dispute, We will release those funds to You.
We will not be liable to You for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve You of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to ReliaBills as provided in this Agreement.
ReliaBills owns all rights, title and interest to the Service. All content and technology is protected by copyright, trademark, patent, trade secret and other laws. You may not copy, modify, or reverse engineer any part of the Service owned by ReliaBills.
ReliaBills is not obligated to, and will not determine whether taxes apply, or calculate, collect, report or remit any taxes to any tax authority arising from Your use of the Service.
MODIFICATIONS TO AGREEMENT
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that We, in our sole discretion, deem to be reasonable in the circumstances, including notice on our website. Any use of Your Account or Service by You after our publication of any such changes shall constitute Your acceptance of this Agreement as modified.
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.
AMENDMENT TO YOUR RELIABILLS TERMS OF SERVICE AGREEMENT FOR USE OF RELIABILLS PAYMENT PROCESSING SERVICES
RELIABILLS ROLE AND RESPONSIBILITIES
ReliaBills facilitates credit/debit card payments as well as ACH (automated clearing house) payments for YOU as a payment service provider (“PSP”) by creating a sub-merchant account under Our merchant account (the “ReliaBills Payment Processing Service” or “RPPS”). As a PSP, ReliaBills facilitates payments between You and Your customers. This means that we collect, analyze and relay information generated in connection with these payments.
In order to serve as a PSP, ReliaBills must enter into agreements with the Networks, processors and banks. Some of these third parties may require a direct agreement with You. If You are required to enter into such an agreement and decline to do so, We may suspend or terminate your Service and RPPS account.
Furthermore, You represent and warrant that You will abide by the regulations and processes (the “Operating Rules”) established and defined by MasterCard, Visa, Discover, Amex and other payment card processors, associations, or companies (collectively, the “Networks”). You agree to fully comply with any and all programs or requirements that may be published and/or mandated by the Networks. For example, where You accept payment cards on Your website, You will display each card’s logo with equal size and prominence, and You shall not display a preference for, or discriminate against, one card brand over another. If You are using the recurring billing feature within the Service, You agree that it is Your responsibility to comply with applicable laws, including the Electronic Funds Transfer Act (Reg E), including by capturing Your customers’ agreement to be billed on a recurring basis.
Notwithstanding ReliaBills assistance in understanding the Operating Rules, You expressly acknowledge and agree that You are assuming the risk of compliance with all provisions of the Operating Rules, regardless of whether You have possession of those provisions. The Networks make excerpts of their respective Operating Rules available on their websites (including usa.visa.com, www.mastercard.com, and www.discover.com).
YOUR RELATIONSHIP WITH RELIABILLS
ReliaBills will ask You for additional information, such as street address, telephone number, tax identification number (such as Social Security Number), and date of birth. You agree to provide supplemental documentation upon request (including but not limited to: articles of incorporation, passports, driver’s license or a business license). You authorize ReliaBills, directly or through third parties, to make inquiries or verify that this information is accurate (for example, through social media or third party databases). You specifically authorize ReliaBills to request a consumer report that contains Your name and address.
You must provide accurate and complete information. If We cannot verify that this information is complete and accurate, We may deny Your use of Our Service, or terminate Your use of the Service. Each RPPS account must be linked to a verified U.S. bank account.
RELIABILLS FEES FOR PAYMENT PROCESSING
ReliaBills will charge fees to You for the use of the ReliaBills Payment Processing Service. These fees may include a monthly Service fee as well as fees associated with processing credit/debit card and ACH transactions. ReliaBills withholds these fees from payments received by You. ReliaBills also charges fees for exceptions processing, such as when You receive a chargeback on a transaction settled through the RPPS. These fees are debited from the balance in Your account or from Your bank account. You agree to pay any and all fees associated with Your use of the RPPS. For a complete list of RPPS fees, you may visit our Pricing Schedule.
You may increase Your prices to include the cost of and fees associated with the use of the RPPS and disclose these increases to Your customers as a service fee. You may only do this in compliance with the Operating Rules and where allowable under law.
Subject to the terms of this Agreement, We reserve the right to change Our fees. By continuing to use the RPPS, You consent to any change in the fees. To withdraw your consent, You must terminate Your Service or Account.
You authorize Us to hold, receive, disburse and settle funds on Your behalf. Your authorization permits Us to generate a paper draft or electronic funds transfer to process each payment transaction that You authorize. Subject to this Agreement, You also authorize ReliaBills to debit or credit any payment card or other payment method we accept. You authorize ReliaBills to deposited transacted funds into a designated United States bank account and to withdraw funds from said account in the event of transaction reversals, refunds, chargebacks, etc.
You authorize ReliaBills to initiate electronic Automated Clearinghouse (“ACH”) entries to each bank account for which You input routing numbers and account numbers, and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the Operating Rules of the National Automated Clearing House Association, a governing organization for financial transactions in the United States (“NACHA”), and You agree that all ACH transactions that You initiate will comply with all applicable laws. Your authorization will remain in full force and effect until You notify Us that You revoke it by contacting ReliaBills in accordance with instructions on Our site or within Your portal or by closing your Account.
FORMS OF PAYMENT
ReliaBills supports most domestic credit, debit, prepaid or gift cards with a Visa, MasterCard, or Discover logo. In addition, ReliaBills supports most international cards with these logos. We may add or remove support for certain payment cards at any time without prior notice. We may elect only to process cards that receive an authorization from the applicable issuer.
ReliaBills also supports payments via ACH from U.S.-based customers with a U.S. bank account. We may conduct verification checks on transactions to ensure account ownership and sufficient balance, and We may refuse to process payments for specific transactions at Our sole discretion.
UNDERWRITING AND INFORMATION SHARING
You agree that ReliaBills is permitted to contact and share information about You and Your RPPS account with banks and other financial institutions. This includes sharing information (a) about Your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of your RPPS account, (c) to create and update their customer records about You and to assist them in better serving You, and (d) to conduct ReliaBills’ risk management process.
IRS REPORTING REQUIREMENTS
ReliaBills may have tax reporting responsibilities in connection with your use of RPPS. For example, ReliaBills will report to the Internal Revenue Service (“IRS”) on Form 1099-K as required by law, your name, address, Tax Identification Number (such as Employment Identification Number or Social Security Number), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
We will transfer funds from Your RPPS account to the Your bank account daily. Transfers to be made on business days (non-weekend and non-US bank holidays) only. It may take 1-3 business days for funds to show in Your account.
Settlements from a RPPS account to a bank account may be limited or delayed based on Your perceived risk and history with ReliaBills. If You would like to request an increase to this limit, please contact ReliaBills’ support. Upon receiving this request, ReliaBills will conduct a review of Your RPPS account. ReliaBills will consider a variety of factors in making this decision and will make this determination at its sole discretion.
Should ReliaBills need to conduct an investigation or resolve any pending dispute related to Your RPPS account, We may defer payout or restrict access to Your funds for the entire time it takes Us to do so. We may also defer payout or restrict access to Your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
Furthermore, if ReliaBills suspects future chargebacks or disputes as a result of transactions to Your RPPS account, ReliaBills may defer payout and/or restrict access to Your funds until ReliaBills reasonably believes, in its sole discretion, that the risk of receiving a chargeback or dispute has passed.
All settlements within Your RPPS account are subject to review for risk and compliance purposes and can be delayed or postponed at ReliaBills’ sole discretion.
At any time and from time to time, We may temporarily suspend or delay a portion of 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 RPPS.
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 ReliaBills, in its sole discretion, based on Your payment history, a credit review, the amount of any arbitration award or court judgment against You in ReliaBills’ favor, or otherwise as ReliaBills or its processor may determine or require.
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 ReliaBills Account under Your control or any funding source associated with such other Account, including but not limited to any funds (a) held as a balance in your Account, (b) due to You under this Agreement, or (c) available in Your bank account, or other payment instrument registered with Us.
You grant Us a security interest in and lien on any and all funds held in any Reserve, and also authorize Us to make any withdrawals or debits from the Reserve, without prior notice to You, to collect amounts that You owe Us under this Agreement, including without limitation for any reversals of deposits or transfers made to Your RPPS account. You will execute any additional documentation required for Us to protect Our security interest in any funds in the Reserve. This security interest survives for as long as We hold funds in Your Reserve; however, it does not apply to any funds for which the grant of a security interest would be prohibited by law. You irrevocably assign to Us all rights and legal interests to any interest or other earnings that accrue or are attributable to Your Reserve.
Card holder data is information associated with a payment card, such as account number, expiration date, or CVV2 (“Cardholder Data”).
If You handle, transmit, or store any Cardholder Data in connection with Your use of the ReliaBills 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 Rules, or when asked by ReliaBills to do so.
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 and rules in connection with Your collection, security and dissemination of any personal, financial, or transaction information.
Unless You receive the express consent of Your customer, you may not retain, track, monitor, store, disclose or otherwise use Cardholder Data except for the transaction for which it was given.
REFUNDS AND RETURNS OF YOUR RPPS TRANSACTIONS
You agree to process returns of, and provide refunds and adjustments for goods or services through Your ReliaBills Account in accordance with this Agreement and the Operating Rules. The Operating Rules require that You will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose Your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a payment card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a payment card sale refund. If Your customer is dissatisfied with Your refund policy, the customer may chargeback the payment.
YOUR CHARGEBACK LIABILITY
The amount of a payment may be charged back to You if (a) it is disputed by a customer, (b) it is reversed for any reason, (c) it was not authorized or We have any reason to believe that the transaction was not authorized, or (d) it is unlawful, suspicious, or in violation of the terms of this Agreement. You are responsible for all chargebacks, whether or not the chargeback complies with the Operating Rules. If You use the Service as a virtual terminal, You acknowledge that ReliaBills will process transactions as remote (card not present) payments, even if You accept a card that is physically presented to You at the point of sale, which may limit the scope of Your protection from chargebacks.
You owe ReliaBills and will immediately pay Us the amount of any chargeback and any associated fees, fines, or penalties assessed by Our processor or the Networks. If You do not have sufficient funds in Your ReliaBills Account, We will have the remedies set forth in “Our Set-off and Collection Rights” below.
Further, 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.
If We determine that You are incurring an excessive amount of chargebacks, We may establish controls or conditions governing Your ReliaBills Account, including without limitation, by (a) assessing additional fees, (b) creating a Reserve in an amount reasonably determined by Us to cover anticipated chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Service or closing Your Account.
You agree to assist Us when requested, at Your expense, to investigate any of Your transactions processed through the Service. To that end, You permit Us to share information about a chargeback with the customer, the customer’s financial institution, and Your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from You to contest the chargeback. If the chargeback is contested successfully, We will release the reserved funds to You. If a chargeback dispute is not resolved in Your favor by the Networks or issuing bank or You choose not to contest the chargeback, We may recover the chargeback amount and any associated fees as described in this Agreement. You acknowledge that Your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within three (3) days of our request, may result in an irreversible chargeback. We reserve the right, upon notice to You, to charge a fee for mediating and/or investigating chargeback disputes.
RELIABILLS SET-OFF AND COLLECTION RIGHTS
To the extent permitted by law, ReliaBills may set off any obligation You owe Us under this Agreement (including chargebacks) against the balance in Your Account or against any amounts due to You. All fees are deducted first from the transferred or collected funds and thereafter from the balance in Your RPPS account. If You do not have sufficient funds in Your RPPS account, We may collect from any funding source associated with Your Account, or from any other ReliaBills Account under Your control, or from any funding source associated with such other Account, including but not limited to any funds (a) deposited by You, (b) due to You under this Agreement, or (c) available in Your bank account, or other payment instrument registered with Us. Your failure to pay in full amounts that You owe Us on demand will be a breach of this Agreement. You will be liable for Our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, collection agency fees, and any applicable interest.
If there is no activity in Your RPPS account (including access or payment transactions) for the period of time set forth in the applicable unclaimed property laws, and You have a positive balance, we may notify You by sending an email to Your registered email address. We may also notify You by U.S. mail. We will give You the option of keeping your ReliaBills account open and maintaining the balance, withdrawing the balance, or requesting a check.
If You do not respond to Our notice within the time period specified in the notice, We may terminate your Service and escheat Your funds in accordance with applicable law.