Basic Definitions
In this document: (1) “we,” “us,” “our,” and “Spectropay,” mean Spectropay Ltd. and its affiliates; (2) “you,” “your,” “customer,” and “user” mean an account holder or user doing business with us;(3) “Device”means any phone, device, accessory or other product we sell to you or that is active on your account with us;and (4)“Service”means our offers, rate plans, options, wireless services or application subscriptions on your account with us.
The Subscriber Agreement
The Subscriber Agreement (“Agreement”) is an agreement under which we provide and you accept our services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there are several parts to the Agreement,including, but not limited to,the detailed plan or other information on Services we provide or refer you to during the sales transaction,andanyconfirmation materials we may provide you. It is important that you carefully read all of the terms of the Agreement.
Services Covered by These Ts&Cs & Additional Terms
These Ts&Cs apply to the supply of credit card terminal(s), the associated application (App) and any other service we offer you that references these Ts&Cs.
When You Accept the Agreement
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following:(a) sign a contract with us on paper or electronically;(b) accept the Agreement through an oral or electronic statement; (c) attempt to or in any way use the Services; (d) pay for the Services; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you do not want to accept the Agreement, do not do any of these things.
Our Right to Change the Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see “Providing Notice to Each Other under the Agreement” section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term,you may terminate only if you:(a) call us after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made.
Our Right to Suspend or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason,including,but not limited to:(a) late payment;(b)harassing/threatening our employees or agents;(c) providing false information;(d) interfering with our operations;(e)using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement;(f) breaching the Agreement, including our Policies;(g) providing false,inaccurate, dated or unverifiable identification or credit information,or becoming insolvent or bankrupt; or (h) if we believe the action protects our Interests, any customer’s interests or our network.
Your Ability to Change Services
You can add to or change your service at any time (Service Request)with such request being confirmed in writing. Changes to Services are usually effective at the start of your next full invoicing cycle If the changes take place sooner, your invoice may reflect prorated charges for your old and new Services.
Your Right to Terminate Services
You can terminate Services after 60 day minimum service period with30days’ notice by calling us or by email and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination, and you will not receive a creditor refund for any unused Services.
Activation & Miscellaneous Charges
Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services.
How We Calculate Your Charges for Billing Purposes
Spectropay subscribers will be charged a service fee once per month at the beginning of the month. A one-time activation fee will be charged at the time of registration. Additionally, transaction fee(s) will be charged monthly, in arrears, where applicable.
Account & Service Charges; Pro-rating
You are responsible for all charges associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to,the monthly recurring charges and usage charges, any surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download and use Services.
Your Bill
Your bill provides you notice of your charges. It reflects monthly recurring charges (billed one bill cycle in advance) and usage/transaction specific charges (usually billed in the bill cycle in which they are incurred). Some usage charges, such as those that depend on usage information maybe billed in subsequent bill cycles and result in higher than expected charges for that month. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to the Agreement, to these Ts & Cs, to your Service,legal notices,etc.).Your email bill may not include individual usage detail. Your usage detail is available online.
Your Payments
Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge of $2.00will be charged and applied to the total unpaid balance. We may charge you, up to $20.00 for returned checks or other payments paid by you and denied for any reason by a financial institution.
Payment Authorization
You here by authorize Spectropay to initiate charges,via a) credit card charges or b) debit entries, and if necessary, process adjustments to correct charges made in error,to your account. This authorization for recurring charges is to remain in full force and effect until COMPANY has received written cancellation from Spectropay.
Disclaimer of Warranties
We make NO representations or warranties, express or implied, including (to the extent allowed by law) any implied warranty of merchantability, non-infringement or fitness for a particular purpose concerning your Services (including your Device). We do not promise uninterrupted or error-free Services and do not authorize anyone to make warranties on our behalf.
You Agree We Are Not Responsible for Certain Problems
You agree that we are responsible for any damages resulting from:(a) anything done or not done by someone else;(b) providing or failing to provide Services,including,but not limited to,deficiencies or problems with a Device or network coverage (for example,dropped,blocked, interrupted calls/messages,etc.);(c) traffic or other accidents, or any health-related claims
relating to our Services; (d)interrupted,failed,or inaccurate location information services,(e) information or communication that is blocked by a spam filter,or(f) things beyond our control, including acts of God (for example, weather-related phenomena,fire,earthquake,hurricane,etc.),riot,strike,war,terrorism or government orders or acts.
You Agree Our Liability Is Limited – No Consequential Damages
To the extent allowed by law, our liability for monetary damages for any claims you may have against us is limited to no more than the proportionate amount of the Service charges attributable to the affected period. Under no circumstances are we liable for any incidental,consequential, punitive or special damages of any nature whatsoever arising out of or related to
providing or failing to provide Services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.
Protection of Card Information
You acknowledge and accept that it is your responsibility to ensure the security and protection of Card Information that maybe presented to you in the use of the Services.
