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Terms of Service
Terms of Service
These Terms of Service (“Agreement”) apply to any use of and access to the CollectDesk Services by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to Access or use the Services), you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, please do not access or use any Services. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will make you aware of any changes by updating the “Last updated” date of these Terms of Service below, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Services after the date of such revised Terms of Service are posted. Any supplemental terms and conditions or documents that may be posted on the Website or in association with the Services are hereby expressly incorporated herein by reference.
1. Definitions
"Users" means You, your Affiliates, and other Users of the Website and/or Services including customers who CollectDesk licenses services, if any, as the case may be.
"You" or "Your" means, (i) you, individually, if you are agreeing to enter this Agreement in Your own capacity, or (ii) if you enter this Agreement on behalf of a company or other legal entity, means the company or other legal entity for whose benefit you act and you, individual, warrants and represents to have the authority to bind such entity to this Agreement, (iii) You have full legal authority to bind Your employer, Users and/or legal entity, as the case may be, if You are accepting on behalf of Your employer, Users and/or legal entity, as the case may be.
"Website" means CollectDesk.com and any other website made available to You and Your Users and operated by CollectDesk accessible by the Internet that facilitate, provide or describe the Services.
"Services" means any products and services provided to Users by CollectDesk or by any of its agents, resellers or partners.
"Subscription" means User's acceptance of any Subscription Documentation provided to User by CollectDesk or by any of its agents, resellers, or partners, whereby User agreed to receive the Services on an ongoing basis by accessing the services, linking their bank account, providing their payment details, or submitting an order form according to the terms referenced in the Subscription Documentation and hereafter.
"Subscription Documentation" means any and all documentation evidencing User's agreeing to enter into a Subscription for the Service(s), including but not limited to a Proposal, Quote, Services Agreement, Application, Order Form, Electronic Receipt, Statement of Work, Creating an account, Linking of Bank Account, submission of Credit Card or Usage logs tied to accessing the site, etc.
"Subscription Term" means the initial Term for the subscription to the applicable Service, and each subsequent Renewal Term (if any), as defined below.
“Equipment” means and includes any equipment reasonably required by CollectDesk for You to receive and process payments, including, without limitation, a tablet, computer, or other automated, electronic means of receiving payments.
“End User” means a business or individual that schedules or purchases products or services from you through the Services, that you market to, communicate with, or target through the Services, or that otherwise interacts with you through the Services, or that you authorize to use the Services in connection with your business.
“End User Data” means all data, information or other material about an End User that you, an Affiliate or End User provides or submits to the Services. End User Data may include Cardholder Data and such portions of Your Data that relates to specific End Users.
2. Relationship of the Parties
These Terms of Service (“Terms”) are entered into by and between You (“you,” or “your”) and eNovative Lab, LLC dba CollectDesk (“CollectDesk,” “we,” “our,” or “us”) and, together with any documents they expressly incorporate by reference, govern your access to and use of any and all CollectDesk products and services, including any content, functionality and services offered on or through www.CollectDesk.com, and any other websites or mobile applications that post a link to these Terms and which are owned and operated by CollectDesk. These Terms constitute a binding agreement between you and CollectDesk that will take effect at the time of accessing the services through any CollectDesk site.
This Website is owned and maintained by CollectDesk for the benefit of our Users, affiliates, partners, and other visitors. The terms and conditions ("Terms", "Terms of Service" or "Agreement") set forth below in this Agreement govern your use of the Website, Services and your purchase of goods and services from CollectDesk. By proceeding to use the Services or Website you agree to abide by the following terms and conditions. Please read this Agreement carefully before entering or using the Website or Services.
You may be required to signify your consent to these terms in order to register and take advantage of the goods and services that we offer, and in all cases if you proceed to use the Website, you will be legally bound by these terms and conditions even if you have decided not to read them. If you do not want to abide by this Agreement, please exit the Website. If you have questions about any part of this Agreement please email us at contact@CollectDesk.com.
This Agreement includes any Subscription Documentation (as defined above), as well as any policies or exhibits linked to or referenced herein.
PLEASE READ THESE TERMS CAREFULLY. BY BROWSING, ACCESSING AND/OR USING THE COLLECDESK SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, ANY COLLECTDESK ASSOCIATED MERCHANT OR GATEWAY AGREEMENT AND THE COLLECTDESK PRIVACY POLICY (ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE TERMS OR ANY OF THE COLLECTDESK GUIDELINES OR POLICIES IDENTIFIED HEREIN, THEN DO NOT ACCESS AND USE THE SITE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF AN INDIVIDUAL OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.
3. Supplemental Terms
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you when you sign up to use the supplemental Service.
4. Your Account; Email Consent
In order to use some of the features on the Site you are required to register and provide information about yourself to CollectDesk and create a verified account (" Account"). It is your responsibility to maintain the confidentiality of your account information, including your Account password and you are responsible for all activities that occur in connection with your Account. You must tell us about anyone using your Account without your consent, or any security breach that relates to your Account.
By using the Site, you consent to receive emails, text messages and other communications from CollectDesk, which may include commercial emails. You may change such preferences by changing your account settings in your Account or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account related emails from CollectDesk.
CollectDesk reserves the right to refuse providing services or the Site to anyone, including terminating your Account and/or preventing you from accessing the Site or your Account, with or without cause, at any time and in its sole discretion.
Notwithstanding anything to the contrary in this Agreement, in order to use the Services, you must have an account and pay the required fees as outlined by Us to You. User hereby warrants that any information provided by User is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, each User will receive a password and an account designation. User acknowledges and agrees that User, and not CollectDesk, is responsible for User's account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities. Unless otherwise specified in the applicable Subscription Documentation, CollectDesk may use User's name, logo and marks (including marks on User Properties) to identify User as a CollectDesk User on CollectDesk's website and other marketing materials.
5. How and When You May Use the Site
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Subject to all the terms of this agreement, the applicable Subscription Documentation and any Additional Terms, including CollectDesk’s Acceptable Use Policy (“Acceptable Use Policy”).
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You may not use the Site:
If you are under 18.
In any way or for any purpose that is against any local, state, federal or any other applicable laws.
In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, services and/or suppliers (collectively, the "CollectDesk Parties"), or any customer of an CollectDesk Party;
To exploit, solicit or harm minors;
To copy any content from the Site, including photographs, and post those photographs or other content on any third-party website, including your own website.
To post or submit any content that is racist, sexist, inflammatory, defamatory, derogatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another's privacy or publicity rights, infringing of another's intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable or violates any applicable laws;
To use the account of another person without their authorization;
To spam any clients or other users of the Site or to attempt to solicit business or direct clients or other users of the Site to a non-CollectDesk site for commercial purposes, unless authorized to do so by CollectDesk, or spamming;
You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
To attempt to interfere with or disrupt the Site, any security features of the Site or any person's ability to use the Site; or
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For any purposes for which the Site is not intended.
In addition, CollectDesk is not obligated to enforce these Terms or any other policies or guidelines against other users, or other third-parties on your behalf. If you believe a user, or other third-party has violated these Terms or any other guidelines or policies of CollectDesk, then please contact CollectDesk at contact@CollectDesk.com. CollectDesk reserves the right to investigate the matter and take whatever action CollectDesk deems appropriate in its sole discretion.
You also understand and agree that the Services allow You to send transactional, marketing, and/or informational SMS messages to Your CollectDesk clients. Should You elect to use the Services to send any messages that constitute advertising or telemarketing, or to communicate with anyone including Your current or CollectDesk clients, You will only do so in compliance with all local, state, national and international laws, regulations and industry-specific best practices, including but not limited to Do Not Call rules and prohibitions.
TCPA and HIPAA Compliance: To the extent required by law and as applicable to the parties, You shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) and its implementing regulations, the Telemarketing Sales Rule, 16 C.F.R. Part 310 (the “TSR”). You will be solely responsible for complying with any messaging consent obligations under the TCPA,TSR and HIPAA in the course of accessing and using the CollectDesk Services. You are responsible for obtaining explicit opt-in consent(s) from any and all third parties (including your clients) to send and receive SMS and/or emails using the CollectDesk Services. You are liable for, and shall indemnify, defend and hold harmless CollectDesk from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by CollectDesk arising from any claims, demands or legal actions made against CollectDesk resulting from your breach of these Terms of Service.
6. Data Ownership and Use
Notwithstanding section 6, all right, title and interest in any data or information collected by CollectDesk independently and without access to, reference to or use of any of Your Data, including, without limitation, any data or information CollectDesk obtains about End Users through the CollectDesk Site (whether the same as Your Data or otherwise), will be solely owned by CollectDesk (collectively, “CollectDesk Data”).
You agree CollectDesk owns all Aggregated Data. You also agree that nothing in this Agreement will prohibit CollectDesk or its affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or any End Users or is reasonably linkable to any End User or household.
Our Privacy Policy governs how we collect and use personal information that is submitted through the Services. By accessing or using the Services, you agree that you have read and accept our Privacy Policy.
If either Party believes that there has been a disclosure of Your Data in a manner not authorized under this Agreement, such Party will promptly notify the other Party. Additionally, each Party will reasonably assist the other Party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
You are solely responsible for resolving disputes regarding ownership or access to Your Data, including those involving any current or former owners, co-owners, employees, Affiliates (former or current), or contractors of your business. You acknowledge and agree that CollectDesk has no obligation whatsoever to resolve or intervene in such disputes.
7. Data; Unauthorized Access; Maintaining Networks
You will: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data; (b) prevent unauthorized access to, or use of, the Services, and notify CollectDesk promptly of any unauthorized access or use; and (c) have sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services.
8. Cardholder Data
You are solely responsible for any liability resulting from your or any Affiliate’s handling of Cardholder Data. You agree that you and Affiliates will comply with PCI DSS anytime the Services are used to process credit cards.
9. Liability for Affiliates and End Users
You are responsible for all activity occurring under or relating to your account, including, but not limited to, your staff, employees, consultants, advisors, independent contractors, affiliates and End Users. You will ensure that your Affiliates and End Users comply with relevant provisions of this Agreement, including any Supplemental Terms and acceptable use policies provided or made available by CollectDesk, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use, as appropriate, by Affiliates and/or End Users, and any act or omission of an Affiliate or End User that does not comply with this Agreement will be deemed a breach of this Agreement by you. You are also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.
10. Consent
You are responsible for ensuring you have obtained the requisite level of consent necessary from End Users when utilizing the Services, including, but not limited to, messaging and marketing products.
11. Materials You Post or Provide; Communications; Confidentiality & Non-disparagement
You may be able to answer questions, direct message, respond to appointment requests and other materials on or through the Site (" Content"). Messages and electronic communications through the Site must be in compliance with all applicable privacy laws (including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA") for covered entities). Further, CollectDesk is not responsible for the security of any information transmitted through the internet or the Site. You also understand that you may not violate any other guidelines and policies of CollectDesk as well as any applicable federal, state or local laws and the information you provide must not be false, inaccurate or misleading. You agree that during the term of this Agreement and for a period of three (3) years following the date of termination of this Agreement, You will not, for any reason, solicit, or make false, disparaging comments about CollectDesk, any of CollectDesk’s employees, officers, directors, shareholders or any of CollectDesk’s affiliates, partners, or similar, in any form of media, directly or indirectly, including, but not limited to, verbal, written, email, text, Internet message, facsimile, other online posting or communication on social media, review sites or generally through the Internet in any form whatsoever.
12. Reviews by Others
CollectDesk does not have any responsibility, including editorial control, of any reviews by CollectDesk users, clients or other third party content providers on the Site. The reviews or content posted by CollectDesk users, or other third party content providers on the Site are those of the clients, or other third party content providers and are not the opinion of CollectDesk. CollectDesk does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the CollectDesk clients, or other third party content providers on the Site. The CollectDesk clients, and other third party content providers are solely responsible for the content posted by them respectively.
13. Copyright Policy
If you believe that your Content or any other content has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify CollectDesk at contact@CollectDesk.com. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (2) identify the material on the Site that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit CollectDesk to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature. Upon receipt of notice as described above, CollectDesk will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the Site.
14. Photograph/Video Policy
You must have consent from individuals and follow all privacy requirements (such as HIPAA where applicable, as well as these Terms) before communicating through the Site via video services or electronic communications (including the use of any third-party video tool whether or not provided by CollectDesk) with individuals on the Site. When communicating with an individual through the Site, you represent and warrant that you have the appropriate consent and licenses to do so and will not violate these Terms or any other applicable laws, including any applicable privacy laws (such as HIPAA). You also agree to indemnify CollectDesk and the CollectDesk Parties against any third-party claims related to any videos or photographs obtained through the Site by you or anyone affiliated with you (including an agent, employee of your practice or other third party acting on your behalf).
15. CollectDesk Advertising
If you purchase advertising from CollectDesk or offer any Special Offers on the Site, then the applicable agreement will apply to you in addition to these Terms.
16. Third Parties; Links to Other Websites
The Site may contain links to other websites and services maintained by third parties ("Third Party Websites and Services ") or you may be able to log into the Site through a third party website or service. Third Party Websites and Services are not under the control of CollectDesk and CollectDesk does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website and Services. As a result, your access or use of any Third Party Website and Services is at your own risk and these Terms, the CollectDesk Privacy Policy and any other CollectDesk policies do not apply or govern any Third Party Website and Services or your use of any Third Party Website and Services. You expressly relieve CollectDesk of any and all liability related to the functionality, content or information related to any Third Party Website and Services. In addition, your dealings with or participation in promotions of third parties found on the Site, including payment and delivery of goods or services of any other terms (such as warranties) are solely between you and the third parties. You agree that CollectDesk shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.
17. CollectDesk Intellectual Property Rights
CollectDesk grants you a limited, personal, revocable, nonassignable and nonexclusive license to use the Site. CollectDesk owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site ("CollectDesk Content"). CollectDesk owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the CollectDesk Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on any of the CollectDesk Content in whole or in part, or the Site except as expressly authorized in writing by CollectDesk. In addition, CollectDesk does not grant any express or implied rights in and to the Site and the CollectDesk Content, and all rights in and to the Site and the CollectDesk Content, are retained by CollectDesk.
18. Assignment
You may not assign, delegate or transfer this Agreement in whole or in part, without CollectDesk’s prior written consent. CollectDesk may assign, transfer or sublicense any or all of CollectDesk’s rights or obligations under this Agreement without restriction.
19. CollectDesk DISCLAIMS ALL WARRANTIES
COLLECTDESK PROVIDES THE SITE "AS IS" "WITH ALL FAULTS" AND " AS AVAILABLE." YOUR USE OF THE SITE IS AT YOUR OWN RISK. COLLECTDESK DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, COLLECTDESK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT AS WELL AS ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, QUALITY, PERFORMANCE AND SUITABILITY OF THE SITE. COLLECTDESK DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. IN ADDITION, COLLECTDESK EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS, USERS OR OTHER THIRD PARTIES, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. WHILE COLLECTDESK TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SITE, COLLECTDESK DOES NOT GUARANTEE THAT THE SITE CANNOT BE COMPROMISED.
20. LIMITATION OF LIABILITY; YOUR EXCLUSIVE REMEDY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER COLLECTDESK OR THE COLLECTDESK PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EVEN IF COLLECTDESK OR ANY OF THE COLLECTDESK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL EITHER COLLECTDESK OR THE COLLECTDESK PARTIES BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION POSTED ON THE SITE. COLLECTDESK AND THE COLLECTDESK PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NONPERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND THEIR REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.
NOTWITHSTANDING ANYTHING HEREIN, THE AGGREGATE LIABILITY OF COLLECTDESK TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD PARTY CONTENT ON THE SITE) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO COLLECTDESK IN THE ONE (1) MONTH PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF COLLECTDESK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.
21. Changes to the Site; Updates
We may change the Site or delete features available on the Site at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these at our discretion.
22. Jurisdiction
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. By accessing, browsing, or otherwise using any CollectDesk products and services, including any content, functionality and services offered on or through www.CollectDesk.com, and any other websites or mobile applications operated and owned by CollectDesk and its affiliates you consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the terms of your service as outlined herein and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the venue and jurisdiction in the state and federal courts.
23. Indemnification
You agree to indemnify and hold harmless CollectDesk and the CollectDesk Parties from and against any and all losses, liability, claims, demand, damages, costs and expenses, including, without limitation, settlement costs and attorneys' fees and costs, arising out of or in connection with: (i) anything you post or submit to or through the Site; (ii) your use of the Site; (iii) your conduct in connection with the Site or with other users of the Site; (iv) any breach of these Terms, other CollectDesk policies and guidelines; or (v) any violation of any law or the rights of any third party (including, but not limited to any violation of HIPAA). It is expressly agreed that CollectDesk’s maximum liability for damages to you under or in connection with this agreement, regardless of the form of legal action, whether in contract or in tort, including negligence, shall in no event exceed the actual payment received by CollectDesk for the products and/or services and/or professional services from the one month (1) prior to when the alleged liability occurred. You agree that you have all necessary licenses, permits, and certifications needed to to interact with any clients through CollectDesk and it is not CollectDesk’s responsibility to maintain or ensure compliance with any of the requirements needed to run your business.
24. Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms, CollectDesk, the Site or the Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement, shall be determined in litigation or arbitration in the sole discretion of CollectDesk unless otherwise stipulated under applicable legal jurisdiction. The result of any such action will be final and binding. Should CollectDesk decide in favor of arbitration over litigation, any arbitration shall be held in Suffolk County, Massachusetts before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the parties shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude CollectDesk from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of CollectDesk’s right to arbitration. CollectDesk may, in conjunction with the complaint or at any time after the filing of a dispute or claim, make application to issue any prejudgment remedy. Waiver of Trial By Jury. To the extent otherwise entitled thereto, you hereby irrevocably waive any past, present or future right of trial by jury in any trial of any case or controversy which arises out of, or is in respect of, any relationship between CollectDesk and you, including, but without limitation to any dispute arising under this Agreement.
Each party hereto waives any right to assert any claims against any other party as a representative or member in any class or representative action. You shall be responsible for payment of all of CollectDesk attorney’s fees and costs incurred by CollectDesk for breach of the terms and conditions of this agreement and/or to enforce any term and/or condition of this agreement.
25. Your Notices to Us
You may notify us by email. Your notices to us must be addressed to contact@CollectDesk.com with the subject Terms of Service Agreement.
26. Our Notices to You; Consent Regarding Electronic Communication
This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. We may provide required information to you (1) via email at the email address you specified when you registered for an Account (or subsequently provided when updating your account information), (2) by access to a CollectDesk website that will be designated in an email notice sent to you at the time the information is available, or (3) by access to a CollectDesk website that will be generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date of the email. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site.
27. Compliance with Terms; Payments and Refunds
You must abide by all of the terms set forth in these terms, you are required to make all payments in a timely fashion, and you are required to provide all requested personal, account and payment information to ensure payment. CollectDesk may change such fees at any time and in its sole discretion, provided that any such change shall become effective with at least 30 days prior written notice, notwithstanding a breach of this agreement that would trigger the acceleration of all unpaid fee obligations.
You warrant that the information you provide is accurate and that you have the legal authority to furnish an account and debit information for electronic payments on your account. CollectDesk does not guarantee the accuracy of information provided by third parties offering goods or services on the Website. User acknowledges and agrees that if User's payment cannot be processed for any reason, CollectDesk may suspend or cancel User's Subscription or Services.
28. Term and termination:
This Agreement is effective until the applicable Subscription Term for the Services has expired or the Subscription is terminated as expressly permitted herein. Unless otherwise stated in any Subscription Documentation, the initial term for any Subscription to the services is twelve (12)months billed on the first calendar day of each month, plus the prorated period of the month on which your Subscription begins and applicable taxes and fees. For any usage based fees, billing will be performed either in arrears based on usage or by maintaining a reserve account that is debited based on usage. In the event a trial period is included in your Subscription Documentation, you may opt-out during this trial period by sending an email to contact@CollectDesk.com with the subject reading “Cancellation of Trial.” For any Subscription canceled during a trial period, account setup and onboarding fees will still be applied per Subscription Documentation. Upon a trial period ending all products and services will be automatically billed at the full quote price outlined in the Subscription Documentation at the stated rates before any trial discount was applied.
By linking your bank account, credit card, or otherwise accessing your account you are agreeing to pay applicable fees for the entire Term. You cannot cancel or terminate a Subscription Term except as expressly permitted herein. Upon the expiration of the Initial Subscription Term, the Subscription will automatically renew to subsequent twelve (12) month renewal terms ("Renewal Term(s)") unless: (i) otherwise stated on the applicable Subscription Documentation or (ii) notice of non-renewal is given by sending an email to CollectDesk at contact@CollectDesk.com no more than ninety (90) days but no less than forty-five (45) days in advance of the end of the Subscription Term. You will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription Documentation that You agreed to, unless CollectDesk has changed rates in which case the new rate will be applied to the renewal Subscription period.
In the event of Subscription cancellation, as expressly permitted herein, any mutually agreed upon custom development costs performed directly for the customer's account, inclusive of integrations, shall be charged to the customer on a prorated basis as the cost of custom development less any subscription fees already paid to date at the time of cancellation. As applicable, a pause in Subscription may be applied to an account at any time and for any reason at the sole discretion of CollectDesk. Terms of any such pause or deferral will be communicated by CollectDesk in writing. In the event of any pause any periods of paused or deferred Subscriptions may or may not count towards the original Subscription Term outlined herein and in any Subscription Documentation, as determined solely by CollectDesk. Upon resumption of the Subscription after any billing related pause or deferral a new twelve (12) month term will begin as of the pause end date when billing is resumed. If new Subscription Documentation is agreed upon during or after any account pause, this will supersede any existing Subscription Documentation.
CollectDesk will refund the purchase price of goods or services You purchase over this Website if it is determined, that a refund is appropriate, in CollectDesk's sole discretion, and only after receiving a written request for such refund specifying the nature of the request and furnishing all appropriate documentation and materials to enable CollectDesk to evaluate the request. In the event a refund is provided it does not relieve you of the other obligations set forth in this Agreement. To be entitled to a refund you must email contact@CollectDesk.com the demand for refund not later than 7 days after the date of furnishing of the goods or services in question.
We may terminate or suspend your Account and your use of the Site or any services we may provide You that are associated with your use of the Site at any time at our discretion. Our termination or suspension may be without cause and/or without notice. Upon termination, You may no longer use or access the Site. Once your use of the Site is terminated, any data you have stored on the Site may not be retrieved later. In addition, even if you terminate your use of the Site, CollectDesk may continue to show some or all of your Content. Upon any such dispute, claim, breach or controversy arising out of or relating to these Terms, CollectDesk may, for any amount owed by You under this or any other agreement for CollectDesk Services, without limiting CollectDesk’s other rights and remedies, may suspend Your account and accelerate the remainder of Your unpaid fee obligations so that all such obligations become immediately due and payable. Unpaid fee obligations shall be inclusive of any pauses in service or credits that were applied throughout Subscription Term(s).
CollectDesk's Fees are exclusive of all taxes, and You must pay any applicable taxes or levies, whether domestic or foreign. CollectDesk shall have the right to charge interest on all overdue amounts at the monthly rate of 1.5%, compounded monthly, or the maximum lawful amounts, whichever is more. If CollectDesk sends the account for collection and/or initiates legal action to collect overdue amounts, User shall be liable for all cost and expenses of such action, including reasonable attorney's fees, court costs, and expenses. Additionally, after payment becomes overdue, CollectDesk shall have the right to immediately suspend User's access to the Service. If any amount owed by You under this or any other Agreement with CollectDesk is overdue, CollectDesk may, without limiting its other rights and remedies, accelerate unpaid fee obligations so that all such obligations become immediately due and payable, and suspend any and all services until such amounts are paid in full. You will continue to be charged fees during any period of suspension. If CollectDesk initiates termination of this Agreement, You will be obligated to pay the balance due on your account per Subscription Term as well as any and all associated incurred expenses and fees related to the account. Such fees may include, but are not limited to, account setup and onboarding, advertising, credits, hardware, processing, and account management.
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when: (1) You or your fiduciary delegate’s electronic signature is associated with the documents, (2) You or your fiduciary delegate consents and intends to be bound by the documents, and (3) the document is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., email, print or otherwise store the electronic record). When accepted in electronic form all electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept,” “I Agree”, or any other form of electronic signature, You or your fiduciary delegate, as the case may be, agrees: (i) that the documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of the documents, and (iii) that it has had the ability to print or otherwise store the documents. Your fiduciary delegate includes anyone currently employed by You who signs Subscription Documentation.
29. Payment Processing
CollectDesk payment processing services are provided by third party payment processing partners and are subject to these third party processors’ merchant processing agreements terms and conditions. By using the Services you agree that you will comply with the terms and conditions of any applicable merchant agreements, processing agreements, payment gateway merchant services agreements, and all applicable card network rules, policies, laws and regulations, at all times. By agreeing to these Terms, You agree to be bound by these third party processors’ merchant processing agreement, which may be modified by the third party processors from time to time. You agree to process all payments through the CollectDesk platform and its third party payment processors. As a condition of CollectDesk enabling payment processing services through these third party processors, You agree to provide accurate and complete information about Your business, and authorize CollectDesk to share information about Your business and transaction information related to Your use of the payment processing services. CollectDesk may offer special pricing, credits, and/or discounts for the Services contingent upon timely procurement, and continued material usage, of the Payment Processing Services. In the event you or your Affiliate stop utilizing the Payment Processing Services or don’t start using the Payment Processing Services within 30 days of the effective date, CollectDesk may, in its sole discretion, revoke the special pricing, credits, and/or discounts being applied to the Services.
30. ACH Credit/Debit Entries and Account Changes
You agree to maintain an active ACH account on file with CollectDesk. You authorize us to initiate ACH credit/debit entries to or from the Designated Account, the Reserve Account, or any other account you maintain at any institution that is a receiving member of ACH, including for amounts you owe us, that we owe you, and for correction of errors. This authorization applies even after you change accounts. It survives the termination of this Agreement, until the later of: (i) two years from the Agreement’s termination; or (ii) the date you have satisfied all of your obligations to us. You shall ensure the Designated Account(s) have funds sufficient to satisfy your contingent and accrued obligations and duties under this Agreement. No attempt to change or alter the account (an “Account Change”) is effective until we acknowledge the change on our system. Accordingly, you shall not close an old account until the new account receives the third deposit or withdrawal. We are not responsible for checking the accuracy of any Account Change your purported representatives submit in connection with an Account Change. Additionally, we are not responsible for liability associated with any Account Change for any reason whatsoever. You are solely liable for all fees and charges your financial institution assesses, including but not limited to overdraft and NSF charges. You release and hold us harmless from any financial institution fees or charges, regardless of cause. We are not liable for any delays in receipt of funds or errors in debit and credit entries caused by unaffiliated third parties, including the Associations, Other Networks, a clearing house, or your financial institution. We may audit and verify all Card and credits you accept. You agree that we may debit or credit your designated account for any inaccuracies. You also agree to be bound by the National Automated Clearing House Association’s operating rules.
31. Promotional Terms and Eligibility
Any promotions, inclusive but not limited to discounts and complementary products and services, as outlined in any Subscription Documentation, are subject to CollectDesk Promotional Terms and Eligibility. Promotions extended to You are only available via a direct communication from CollectDesk and are subject to change at any time at our sole discretion.
32. Equipment
You will, as applicable, install any equipment reasonably required by CollectDesk for You to receive and process payments and use the Services (including, but without limitation, a computer, tablet or other automated, electronic means of receiving payment). Equipment provided by CollectDesk is CollectDesk’s sole property and may be used solely for Payments related to fulfilling ’s responsibilities under this Agreement. You will inspect all Equipment, and shall notify CollectDesk in writing if any Equipment is missing or was damaged as soon as practicable after discovering such damage. You will be responsible for any damage to or loss of any Equipment provided by CollectDesk. CollectDesk may recover the replacement cost of damaged or lost Equipment directly from your account. For any Equipment provided by CollectDesk, you will pay CollectDesk, as applicable in exchange for the Equipment to access the CollectDesk Platform in order to receive, process, and accept payments on site. Any Equipment provided to you at a discount or no cost, per the Subscription Documentation, will be subject to the Promotional Terms and Eligibility referenced in the preceding section 30.
33. Force Majeure
Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving CollectDesk’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
34. Miscellaneous
These Terms constitute the entire agreement between you and CollectDesk regarding your use of the Site, and supersedes any prior or contemporaneous agreements between you and CollectDesk relating to your use of the Site. The failure of CollectDesk to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Sections 4, 7, 12-19 survive the termination of these Terms.
35. Modifications
CollectDesk reserves the right to make changes to the Site, these Terms and other policies, including but not limited to fees for the Services, at any time. If CollectDesk makes material changes to these Terms or other policies, then CollectDesk will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. CollectDesk will also indicate at the bottom of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of May 1, 2024 and supersede all previous versions of the CollectDesk Terms or any other CollectDesk terms of service that you accepted when you registered for an account with CollectDesk. If any section of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section shall be deemed severable and shall not affect the validity of the remaining sections of these Terms. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Site.
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Last updated: May 1, 2024
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