VISA PROCESSOR TERMS OF SERVICE

 

Effective Date:  June 11, 2021

These Terms of Use (“Terms”) govern your use of the website VisaHelper.com (“We,” “Us,” or “Our”) as a third-party, Visa Processor seeking to be introduced to potential clients (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time.  The most current version of the Terms can be viewed by clicking on the “Visa Processor – Terms of Use” link posted at VisaHelper.com/network-sales-page.  You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after We post the changes.

I. Privacy

By using the Services, you consent to Our processing your information consistent with Our Privacy Policy posted at Visahelper.com.

II. Important Information about Your Use of the Services

As with any endeavor, individual results are not guaranteed. WE MAKE NO REPRESENTATION and you expressly disclaim any reliance upon a representation as to the amount or quality of any business leads generated by your use of the services. no refunds will be given outside of the terms of this agreement.

III. Account Enrollment

To access the Services, you must first establish an individual user account (“Account”) by providing certain information.  You agree that you will not create more than one Account or create an Account for anyone other than yourself. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use.

IV. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm Us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws including copyright laws.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities and third parties to prosecute users who violate the Terms.  We may suspend or terminate your access to the Services for any or no reason at any time without notice.

V. Payment Authorization

By providing a credit card or other payment method accepted by Us (“Payment Method”), you are expressly agreeing that We are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing by emailing “account@visahelper.com”, and you agree to notify Us immediately of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law.  In the case of an ACH transaction rejected for insufficient funds, We may attempt to process the charge again at any time within thirty (30) days.

VI. Intellectual Property Rights

The Services may be protected under the copyright laws of the United States and other countries.  All copyrights in the Services are owned by Us or Our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without Our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Us or Our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Ours, Our affiliates, or any third party.

VII.  Disclaimer of Warranties; Limitation of Liability

Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will We, or Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in the availability of the Services, delay in operation or transmission, computer virus, loss of data, loss of data privacy, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.

VIII. Billing; Refund Policy

You shall be billed for each time a user of prod-test.stage.duable.com clicks on a hyperlink to your page, as tracked by Us (a “Click-Through”). At the end of each month, we will bill you at the rate of:

                                                    $1 for each Click-Through.

 

The price of each Click-Through is subject to change but We will notify you no later than thirty (30) days before any such change. You are free to cancel the Services at any time by emailing “account@visahelper.com” but no refunds will be given for Click-Throughs already received.

You will be sent a report at the end of each calendar month to an email of your choosing detailing how many users clicked on your hyperlink from our platform via “Google Analytics”. You agree not to share any information pertaining to any and all reports sent to you without explicit permission from Us. You will be required to pay the invoice no later than 72 hours after it is sent. Failure to do so will result in account suspension.

IX. Indemnification

You agree to indemnify, defend and hold Us and Our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as We reasonably request.

X. Choice of Law and Forum

You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of Missouri without regard to principles of conflicts of laws.  You agree that any claim or dispute against Us arising out of or relating to the Services must be resolved by a federal district court located in Missouri unless agreed upon by all parties.

XI. Miscellaneous

These Terms constitute the entire agreement between you and Us, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Us.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that reflects, to the maximum extent possible by law, the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Us with respect to such use.