These terms apply to you if you use American Business Software`s payment processing services such as those described on our Payment Processing Services page.
Last updated: October 7, 2017
By using American Business Software, Inc. (`American Business Software,` `we,` `our,` or `us`) payment processing services (`Payment Services`), you agree to be bound by the General Terms of Service (`General Terms`), these additional terms and conditions (`Payment Terms`) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used. If you are using the Payment Services on behalf of a business, that business accepts these terms. Payment Services may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.
1. Our Role
American Business Software is a payment facilitator that allows you to accept Cards from customers for the payment for goods and services. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. Our Payment Services allow you to accept payments from any US-issued and most non-US issued credit cards (`Cards`) bearing the trademarks of American Express Travel Related Services Company, Inc. (`American Express`), DFS Services, LLC (`Discover`), MasterCard International Inc. (`MasterCard`) and Visa Inc. (`Visa`) (collectively, the `Third Party Payment Networks`). You are not required to accept any card brand as a condition of receiving the Payment Services. We may remove or add Cards that we accept at any time without prior notice.
2. Your Authorization
In connection with the Payment Services, you authorize us to act as your agent for the limited purposes of forwarding payment information through the payment gateway services provided by Network Merchants, Inc. (`NMI`) and Sterling Payment Technologies (`Sterling`) (collectively, the `Third Party Payment Gateways`) to the Third Party Payment Networks on your behalf. Your authorizations will remain in full force and effect until your American Business Software Account is closed or terminated. This authorization also permits us to debit any of your linked bank accounts at any time for the purposes specified in these Payment Terms and the General Terms. You also agree to be bound by any applicable rules of the National Automated Clearing House Association.
3. 19. Third Party Payment Gateways and Third Party Payment Networks
Third Party Payment Gateways and Third Party Payment Networks and other products included or sold with the Payment Services are provided solely according to the warranty and other terms specified by the respective Third Party Payment Gateways and Third Party Payment Networks, who are solely responsible for service and support for their products and services. For service, support, or warranty assistance, you should contact the service provider directly. American Business Software MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
In addition to Section 15 of the General Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys` fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Payment Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).
5. Additional Representations, Warranties, and Covenants
In addition to Section 16 of the General Terms, with each Card transaction you process through the Payment Services, you represent, warrant and covenant to us that: (a) the Card transaction represents a bona fide sale; (b) the Card transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfill all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the Card transaction comply with all federal, state, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own Cards (except for reasonable test swipes).
Termination of Payment Services
6. Termination of Payment Services
American Business Software may Terminate your use of the Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. If your access to Payment Services has been terminated, you may still be permitted to use American Business Software`s other products, subject to our discretion.
7. Payment Services Upon Closure of Your American Business Software Account
Closure of your American Business Software Account will cancel any pending transactions.
The following sections will survive termination of these Payment Terms, in addition to those that survive under Section 12 of the General Terms: