Acceptiva Client Service Agreement

Welcome to Acceptiva! This Client Service Agreement ("Agreement") is a contract between you and Acceptiva, Inc. and governs your access to and use of the on-line payment processing and payment page hosting services that Acceptiva makes available through Acceptiva.com (collectively the "Service"). You should read this agreement carefully before signing up for Acceptiva’s services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, without change, before you may become a client of Acceptiva.

This Web site and the services accessible through this Web site are owned and operated by Acceptiva, Inc. 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.

The Acceptiva Service and your Merchant Account. Acceptiva provides managed, secure, customized online payment pages to enable the acceptance of credit and debit card 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 one of our merchant bank partners. By signing up with Acceptiva you are agreeing to two separate but interrelated service accounts; one with Acceptiva for the Acceptiva service and one with our merchant bank partner for a merchant account. These services are interrelated in that the Acceptiva service provides secure online payment pages and transaction reporting etc., and the merchant account service enables the processing of credit and debit cards and the settlement and deposit of funds into your organization's bank account. These accounts are legally separate entities, and as such you may terminate your relationship with Acceptiva and still maintain your merchant account with our merchant bank partner subject to the pricing set out in the merchant account agreement.

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 fees and charges is between you and the merchant bank that provides your merchant account service.

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.

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.

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 for any transactions that you suspect may be fraudulent.

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 complete the sign up process, be approved as a client by Acceptiva and for a merchant account by one of our bank partners, and pay the appropriate sign up, processing and monthly fees. Approval as a client is at Acceptiva’s sole discretion.

Password Access. When you register with Acceptiva, you will need to choose a password to access the Acceptiva services. 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 access to your password. If you become aware of any unauthorized use of your password or other security breach, notify Acceptiva immediately.

Fees. Acceptiva's fees can be found on the Pricing page on our site. Fees may change periodically and any changes will be communicated to clients at least 30 days prior to the next billing cycle. Fees are deducted from your bank account at the end of each month, commencing from the month in which our merchant bank partner approves your merchant account application. You will be billed for a full month of service for any part of a month in which your merchant account is/was active.

Term. This agreement will commence as of the date of approval by Acceptiva, and shall continue thereafter on a month-to-month basis unless terminated in writing by the Client. Notification must be communicated to both Acceptiva and our merchant bank partner.

Closing Your Account. You may close your account at any time by calling Acceptiva at 425-831-2264 or submitting a closure request via e-mail and requesting that your account be closed. 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. You will be billed for a full month of service for any part of a month in which your merchant account was active. Closed accounts can only be reopened by payment of a new signup 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 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 use your information in aggregate as described in the Acceptiva Privacy Policy. Users of a client’s payment page will at no time receive advertisements or solicitations in any form that originate from Acceptiva. Our Privacy Policy governs Acceptiva’s use of information 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, Inc. 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, Inc. 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.

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 damages.

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 address:

Acceptiva, Inc.
PO Box 104
Snoqualmie, WA
98065