Acceptiva Client Service Agreement
Welcome to Acceptiva! This Client Service Agreement ("Agreement") is a contract between
you and Acceptiva, LLC (Acceptiva) and governs your access to and use of the on-line payment processing,
payment page hosting and reporting services that Acceptiva makes available through Acceptiva.com
(collectively the "Service"). You should read this agreement carefully before signing up
for the Service. You must read, agree with, and accept all of the terms and conditions contained in
This Web site and the services accessible through this Web site are owned and operated by
Acceptiva. Whenever this Agreement refers to "we," "our," or
"us", we are referring to Acceptiva and references to "you" or
"your" mean any person or entity using the Service ("Clients").
From time to time we may revise or modify this Agreement by posting the revised Agreement
on this site. The new Client Service Agreement will govern any subsequent use by you of this
site or the services accessible on this site.
By signing up with Acceptiva you are agreeing to two separate but interrelated agreements; one
with Acceptiva for the Acceptiva Service and one with your payment processing partner ("Payment
Processor") for merchant account services. These services are interrelated in that the Acceptiva
Service provides secure online payment pages and transaction reporting etc., and the merchant account
service facilitates the processing of credit and debit cards and the settlement and deposit of funds
into your organization’s bank account. These services are governed by separate legal agreements. The
Acceptiva Service is governed by this Agreement. The Payment Processor’s agreement will be provided
to you by your Payment Processor.
The Acceptiva Service. Acceptiva provides managed, secure, customized online payment pages
to enable the acceptance of credit and debit card (and optionally e-check/ACH) payments for donations,
registrations, sponsorships, ticket sales, product and service sales and similar fundraising events.
We integrate our Service and software (payment pages) for our clients with a merchant account provided
by your Payment Processor. Acceptiva also provides access to transaction data that can be exported by
clients for reporting purposes. Additionally, Acceptiva provides a range of related services that may
enhance or compliment the standard Acceptiva Service and that Acceptiva makes available optionally and
for incremental cost. These include but are not limited to recurring charge processing.
The Merchant Account. A merchant account is a facility that enables clients to process credit
and debit cards or e-checks/ACH payments. Merchant accounts are provided to Acceptiva clients by their
Payment Processor. The agreement between Acceptiva clients and their Payment Processor is separate and
distinct from this Agreement and Acceptiva is in no way liable for the actions and interactions of
either party to the Payment Processor’s agreement. You may terminate your relationship with Acceptiva
and still maintain your merchant account with the Payment Processor subject to the pricing set out in
their merchant account agreement.
Acceptiva is Not a Bank. You acknowledge that Acceptiva is not a bank and agree that any
dispute or discussion concerning the deposit of funds into your account, the issuance of refunds,
credits or voids, or the withdrawal of funds from your bank account for merchant account fees and
charges should be addressed to the Payment Processor that provides your merchant account. You agree
to forever release and hold Acceptiva harmless from any cost, damage, or other injury that may arise
out of the relationship between you and your Payment Processor or otherwise out of your agreement
with your Payment Processor.
Eligibility. Our Service is available only to non-profit organizations resident in the
United States that can form legally binding contracts under applicable law. Without limiting the
foregoing, our Service is not available to minors (under 18), persons or organizations who are suspended
from our Service, persons or organizations whom we deem to present an unacceptable level of risk and or
persons or organizations who use or intend to use the Acceptiva Service to accept payments on behalf of
entities other than their own primary organization. Acceptiva may refuse or suspend service to any
organization or person at any time, for any reason.
Restricted Activities. Your Information and your activities through our Service
shall not: (a) be obscene or involve the sale or display of pornography of any kind; (b) be
false, inaccurate, misleading, fraudulent or illegal; (c) be related in any way to gambling
and/or gaming activities of any kind; (d) infringe on any third party’s copyright, patent,
trademark, or other property rights or privacy; (e) violate any law, statute, ordinance,
contract or regulation; (f) be defamatory, libelous, unlawfully threatening or unlawfully
harassing; (g) involve aggregation of payments on behalf of entities other than your own
primary organization, or (h) create liability for us in any way. If you use, or attempt
to use the Service for any of the afore mentioned restricted activities, your account
will be terminated. If you use, or attempt to use the Service for purposes other than
receiving payments and managing your account, including but not limited to tampering,
hacking, modifying or otherwise corrupting the security or functionality of the Service,
your account will be terminated and you will be subject to damages and other penalties,
including criminal prosecution where available. Acceptiva reserves the right to
terminate the service, without notification, of any client we deem to be engaging in
any of the restricted activities above or activities we deem to be detrimental to the
integrity of the Acceptiva technology platform or the viability of the Acceptiva business.
Acceptiva’s Interaction with your donors.
Acceptiva may on occasion contact individuals that make payments using the Acceptiva service to verify and confirm
the authenticity of transactions that we have reason to believe may be fraudulent or related to unusual activity.
However, we do not provide a proactive fraud monitoring service and cannot guarantee that fraudulent transactions
will not take place on your Acceptiva pages. Fraudulent activity on non profit donation and payment pages is rare,
but not unheard of, and usually consists of fraudsters testing stolen payment cards to determine if they are valid.
We highly recommend that you actively monitor transactions and process voids or refunds through your merchant account
for any transactions that you suspect may be fraudulent. Optional fraud monitoring services are available from our
payment processing partners that provide your merchant account.
Access to Service. We make this site available for use by our clients, subject to this Client Service
Agreement. In order to access and use our services, you must (i) complete the sign up process, (ii) be approved
as a client by Acceptiva , (iii) be approved for a merchant account by one of our Payment Processors, and (iv)
pay the appropriate sign up, processing and monthly fees. Approval as an Acceptiva client is at Acceptiva’s
Password Access. As an Acceptiva client you will have access to the Acceptiva Client Manager
through which you may access certain transaction data and manage your Acceptiva account. You will be
assigned a password to access the Acceptiva Client Manager. Access to and use of password-protected
and secure areas is restricted to clients. You are responsible for maintaining the confidentiality of
your password. Keep your password in a secure place and do not allow any unauthorized persons to access
to your password. If you become aware of any unauthorized use of your password or other security breach,
notify Acceptiva immediately.
Acceptiva Service Fees. Acceptiva Service fees can be found on the Pricing page of our website
("Acceptiva Service Fees"). Fees may change periodically and any changes will be communicated
to clients at least 30 days prior to the next billing cycle.
Merchant Account Fees. Merchant account fees are billed by your Payment Processor. Generally
speaking, merchant account fees are billed one week after the end of the month and commence when your
merchant account is made live by the Payment Processor. Refer to your merchant account agreement to
determine the precise timing of when your merchant account fee will be billed.
Billing Terms. Acceptiva Monthly Service Fees are billed on a monthly basis for the upcoming
month in accordance with the Pricing schedule as set forth on the Pricing page of the Acceptiva website.
Acceptiva Monthly Service Fees are debited via ACH from your bank depository account and commence upon
receipt by Acceptiva of your ACH authorization form. The billing date for your Acceptiva account or the
bank depository account to be debited can be changed by contacting Acceptiva Customer Service.
Acceptiva Transaction Fees, if applicable, are billed on a monthly basis after the period in which the
transactions occurred, in accordance with the Pricing schedule as set forth on the Pricing page of the
Acceptiva website. Acceptiva Transaction Fees are debited via ACH from your bank depository account.
ACH Authorization. You authorize Acceptiva to initiate transaction entries to, and to debit
Acceptiva Service Fees, from your bank depository account on record in the Acceptiva Client Manager.
Transaction entries initiated to or from your bank depository account will be in accordance with the
rules of the National Automated Clearing House Association (NACHA). If your bank depository account
number changes you must promptly update your account information in the Acceptiva Client Manager
Interface or contact Acceptiva Customer Service to do so. If you fail to provide Acceptiva with an
accurate current depository account, Acceptiva may discontinue its performance of the Acceptiva
Services for You.
Term. This is a 30 day contract that commences as of the date of approval by Acceptiva and
continues thereafter on a month-to-month basis unless terminated in writing by the Client. Notification
of termination must be communicated to both Acceptiva and our payment processing partner.
Closing Your Account. You may close your account upon thirty (30) day’s notice to Acceptiva by
submitting a request via e-mail to Acceptiva Customer Service. Such notice will only be effective upon
your receipt of a return e-mail confirmation from Acceptiva Customer Service. Upon closure of an account,
any monthly fees due will be debited from your bank account and any active payment pages will be de-activated
and rendered unable to process payments. All access to transaction data will also be terminated. Closed
accounts can only be reopened by payment of a new Acceptiva sign up fee.
Changes to the Service. Acceptiva reserves the right, in its sole discretion, to modify, suspend
or discontinue all or any part of the services or tools, including this agreement, at any time with or without notice to
you. Unless specifically exempted, any new features, services or software applications introduced
will be subject to this Client Service Agreement.
Privacy and Security. We are committed to protecting your privacy and the privacy
of your donors. All Acceptiva pages are hosted on our PCI DSS compliant secure servers and
all data is encrypted using 128 bit SSL, industry standard secure technology. We do not sell
or rent your personal information to third parties for marketing purposes ever and we only
client’s payment page will at no time receive advertisements or solicitations in any form
provided by you and your clients, and Acceptiva may amend it from time to time. The Privacy
Policy is incorporated into this Client Service Agreement by reference.
Trademarks. The names Acceptiva, Acceptiva.com, the Acceptiva logo and any other product and
service names that we may present on the site may not be used in connection with any product or
service that is not Acceptiva’s, nor in any manner that is likely to cause confusion, or in any
way that may disparage or discredit Acceptiva. They must not be used without the express
permission of Acceptiva. Other trademarks, service marks or logos that appear on the site
are the property of their respective owners and are likely to be registered trademarks and
subject to restrictions as to their use. They must not be used without the express permission of
the trademark owner.
Copyright. All content on the Acceptiva site is owned by Acceptiva and is protected by
applicable intellectual property and proprietary rights and laws.
Severability. If any portion of this Agreement is determined by a court of competent jurisdiction
to be invalid for any reason, the remainder of this Agreement and the validity thereof will
remain unaffected, and will remain in full force and effect.
Successors and Assigns. This Agreement shall be binding on the respective parties’ heirs,
successors, and assigns.
Governing Law. This Agreement is entered in the State of Washington and shall be
construed and governed under the laws of the State of Washington. The venue for resolution
of any dispute under this agreement shall be King County, Washington.
Limitation of Liability. Each Party’s liability to the other, whether in tort or otherwise, shall
be limited to direct damages, which shall not exceed the amounts paid to Acceptiva under this
Agreement. Under no circumstance shall either Party be responsible or liable to the other Party
for indirect, incidental, or consequential damages, including, but not limited to, economic loss
or lost business or profits, even if the other Party has been advised of the possibility of such
YOUR USE OF THIS SITE AND THE ACCEPTIVA SERVICE IS AT YOUR SOLE RISK. ACCEPTIVA PROVIDES THE
SERVICE ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, ACCEPTIVA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING
THE SITE, AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL
IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. ACCEPTIVA MAKES NO WARRANTY OR REPRESENTATIONS AS TO THE QUALITY, RELIABILITY OR VALIDITY
OF THE CLIENT SITES THAT USE OUR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THEM.
Notices. Any notices required under this Agreement shall be sent in writing to the following
PO Box 104
Snoqualmie, WA 98065