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Terms of Service

  • Universal Terms of Service

    Last Revised: June 26, 2017

    PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

    1. OVERVIEW

    This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between TekkPay Corporation, a Massachusetts Corporation (“TekkPay”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

    Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

    The terms “we”, “us” or “our” shall refer to TekkPay.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    TekkPay may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.  In addition, TekkPay may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Account”) information current.  TekkPay assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

    2. ELIGIBILITY; AUTHORITY

    This Site and the Services are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

    If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity.  If, after your electronic acceptance of this Agreement, TekkPay finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. TekkPay shall not be liable for any loss or damage resulting from TekkPay’s reliance on any instruction, notice, document or communication reasonably believed by TekkPay to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, TekkPay reserves the right (but undertakes no duty) to require additional authentication from you.  You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

    3. ACCOUNTS; TRANSFER OF DATA ABROAD

    Accounts.  To access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to TekkPay that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If TekkPay has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, TekkPay reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN.  For security purposes, TekkPay recommends that you change your password and shopper PIN at least once every six (6) months for each Account.  You must notify TekkPay immediately of any breach of security or unauthorized use of your Account. TekkPay will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss TekkPay or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

    Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

    4. AVAILABILITY OF WEBSITE/SERVICES

    Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

    From time to time, TekkPay may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) TekkPay reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) TekkPay may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by TekkPay; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to TekkPay; (ix) The Beta Services are provided “as-is”, “as available”, and “with all faults”.   To the fullest extent permitted by law, TekkPay disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

    5. GENERAL RULES OF CONDUCT

    You acknowledge and agree that:

    Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

    You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

    You will not use this Site or the Services in a manner (as determined by TekkPay in its sole and absolute discretion) that:

    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding TekkPay or TekkPay’s Services.
    • You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by TekkPay.
    • You will not modify or alter any part of this Site, or the Services found at this Site or any of its related technologies.
    • You will not access TekkPay Content (as defined below) or User Content through any technology or means other than through this Site itself, or as TekkPay may designate.
    • You agree to back-up all of your User Content so that you can access and use it when needed. TekkPay does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
    • You will not re-sell or provide the Services for a commercial purpose, including any of TekkPay’s related technologies, without TekkPay’s express prior written consent.
    • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
    • You are aware that TekkPay may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow TekkPay, in its sole discretion, to record the entirety of such calls regardless of whether TekkPay asks you on any particular call for consent to record such call.
    • You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which TekkPay is a party.
    • TekkPay reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

    6. YOUR USE OF TEKKPAY CONTENT AND USER CONTENT

    In addition to the general rules above, the provisions in this Section apply specifically to your use of TekkPay Content and User Content posted to TekkPay’s corporate websites (i.e., those sites which TekkPay directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

    TekkPay Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“TekkPay Content”), are owned by or licensed to TekkPay in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. TekkPay Content is provided to you “as-is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of TekkPay. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. TekkPay reserves all rights not expressly granted in and to the TekkPay Content, this Site, the Services, and this Agreement do not transfer ownership of any of these rights.

    User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  User Content includes all content submitted through your Account.  By posting or publishing User Content to this Site or to the Services, you represent and warrant to TekkPay that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or another owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

    Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any TekkPay Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the TekkPay Content or the User Content therein.

    7. TEKKPAY’S USE OF USER CONTENT

    The provisions of this Section apply specifically to TekkPay’s use of User Content posted to TekkPay’s corporate websites (i.e., those sites which TekkPay directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

    Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

    With Respect to User Submissions.  You acknowledge and agree that:

    • Your User Submissions are entirely voluntary.
    • Your User Submissions do not establish a confidential relationship or obligate TekkPay to treat your User Submissions as confidential or secret.
    • TekkPay has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
    • TekkPay may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
    • TekkPay shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

    With Respect to User Content (Other Than User Submissions).

    If you have a website or other content hosted by TekkPay, you shall retain all of your ownership or licensed rights in User Content.

    By posting or publishing User Content to this Site or through the Services, you authorize TekkPay to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.  You hereby grant TekkPay a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and TekkPay’s(and TekkPay’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that TekkPay may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, TekkPay shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or TekkPay’s (or TekkPay’s affiliates’) business(es).

    8. FREE PRODUCT CREDITS

    In the event you are provided with a free product credit (“Credit”) with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the product purchases is deleted, canceled, transferred or not renewed.  You acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.  The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed.  If the Credit is redeemed, after the initial free one year period, the free product will automatically renew at the then-current renewal price until canceled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account and turning off the auto-renewal feature, or by contacting customer service.  In the event, your Purchased Product includes a free domain name, if you cancel the Purchased Product, the standard price for the domain name will be deducted from the refund amount.

    9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

    TekkPay generally does not pre-screen User Content (whether posted to a website hosted by TekkPay or posted to this Site).  However, TekkPay reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. TekkPay may remove any item of User Content (whether posted to a website hosted by TekkPay or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by TekkPay in its sole and absolute discretion), at any time and without prior notice. TekkPay may also terminate a User’s access to this Site or the Services found at this Site if TekkPay has reason to believe the User is a repeat offender.  If TekkPay terminates your access to this Site or the Services found at this Site, TekkPay may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

    10. ADDITIONAL RESERVATION OF RIGHTS

    TekkPay expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by TekkPay in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by TekkPay in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of TekkPay, its officers, directors, employees and agents, as well as TekkPay’s affiliates, including, but not limited to, instances where you have sued or threatened to sue TekkPay.

    TekkPay expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

    TekkPay expressly reserves the right to terminate, without notice to you, any and all Services where, in TekkPay’s sole discretion, you are harassing or threatening TekkPay and/or any of TekkPay’s employees.

    11. NO SPAM; LIQUIDATED DAMAGES

    No Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. Our spam abuse complaint center can be reached by email at abuse@tekkpay.com

    We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

    1. Email Messages
    1. Newsgroup postings

    iii.      Windows system messages

    1. Pop-up messages (aka “adware” or “spyware” messages)
    1. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
    1. Online chat room advertisements

    vii.      Guestbook or Website Forum postings

    viii.      Facsimile Solicitations

    1. Text/SMS Messages

     

    We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

    If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

    We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.

    Email: abuse@tekkpay.com

    Liquidated Damages.  You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

    12. TRADEMARK AND/OR COPYRIGHT CLAIMS

    TekkPay supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to TekkPay ‘s Trademark and/or Copyright Infringement Policy referenced above.

    13. LINKS TO THIRD-PARTY WEBSITES

    This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by TekkPay. TekkPay assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, TekkPay does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release TekkPay from any and all liability arising from your use of any third-party website. Accordingly, TekkPay encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

    14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TEKKPAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEKKPAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND TEKKPAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

    IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TEKKPAY ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

    THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

    15. LIMITATION OF LIABILITY

    IN NO EVENT SHALL TEKKPAY ITS OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TEKKPAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TEKKPAY’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

    THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

    16. INDEMNITY

    You agree to protect, defend, indemnify and hold harmless TekkPay and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by TekkPay directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    17. FEES AND PAYMENTS

    TekkPay Corporation of Massachusetts for services and fees due to you for products and services sold to you and/or a business entity owned by you or under your legal responsibility.

    (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

    You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  TekkPay expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

    Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using TekkPay’s “Good As Gold Prepaid Services” (defined below); (iii) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (iv) by using PayPal (as defined below), (v) by using an International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”.  For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.  Confirmation of that order will be sent to the email address on file for your Account.  Your Payment Method on file must be kept valid if you have any active Services in your Account.

    You acknowledge and agree that where refunds are issued to your Payment Method, TekkPay’s issuance of a refund receipt is only confirmation that TekkPay has submitted your refund to the Payment Method charged at the time of the original sale, and that TekkPay has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.  You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

    In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then TekkPay, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a TekkPay check, which will be sent to the mailing address on file for your Account.  TekkPay also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.  For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a TekkPay check are solely within TekkPay’s discretion and are not available at customer request.

    If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

    IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD.  FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, TEKKPAY WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH TEKKPAY AT TEKKPAY’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS listed there. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME.  HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND TEKKPAY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

    IN ADDITION, TEKKPAY MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, TEKKPAY WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. TEKKPAY MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND TEKKPAY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

    If for any reason TekkPay is unable to charge your Payment Method for the full amount owed for the Services provided, or if TekkPay receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that TekkPay may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. TekkPay also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks TekkPay may perform outside the normal scope of its Services, (ii) additional time and/or costs TekkPay may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by TekkPay in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by TekkPay staff or by outside firms retained by TekkPay; (iii) recouping any and all costs and fees, including the cost of Services, incurred by TekkPay as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with TekkPay.

    TekkPay may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and TekkPay makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

    Refund Policy:  Products and Services available for refunds are described here (“Refund Policy”). TekkPay doesn’t offer refund in any of its products and services. Merchant Account services require separate approval by First Data Corporation and may carry a cancellation fee for accounts cancelled prior to the expiring of a contract.

    (B)  INTERNATIONAL PAYMENT OPTIONS

    TekkPay offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”).  In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at TekkPay.  You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by TekkPay.

    It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor TekkPay shall be liable to you or any third party regarding the same. You acknowledge that TekkPay will not attempt to fulfill the Services purchased by you until TekkPay receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If TekkPay does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be canceled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your TekkPay account. Payments received on previously canceled orders will be automatically refunded to the original Payment Method when possible.

    If, at the time TekkPay receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, TekkPay may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, TekkPay reserves the right to issue refunds to an in-store credit balance.  If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by TekkPay will be net of the IPP Fees unless otherwise specified.

    (C) IN-STORE CREDIT BALANCES

    In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.  In the event that your Account contains an in-store credit balance, you hereby authorize TekkPay to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account.  In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, TekkPay may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, TekkPay is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit.  In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using TekkPay’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, TekkPay may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.

    You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the TekkPay website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance.  In the event that TekkPay terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

    You also acknowledge that funds available in your in-store credit balance will be held by TekkPay and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that TekkPay shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

    (D) GIFT CARDS

    This section sets forth the terms and conditions of Your use of TekkPay’s Gift Card service and its related services (collectively, the “Card”).  TekkPay grants You a non-exclusive license to use the Card, provided, however, that You abide by the terms and conditions set forth herein and in each of TekkPay’s policies and procedures.

    The Services generally allow You to redeem the Card for goods and services from TekkPay except to purchase another gift card, an auction membership, a product that would include a free auction membership, or any offer that excludes purchase by gift card.

    The Card is a non-reloadable, non-refundable, non-personalized prepaid gift card, and may not be re-sold, transferred, redeemed for cash or applied to any account, except to the extent required by law. The Card is not an account, does not earn interest, and is not FDIC insured. The Card is not a credit card. You authorize us to pay all transactions made using the Card with the funds credited to the Card. You agree to use the Card only as provided in this Agreement and in accordance with applicable law. You agree the amount of funds shown on our records regarding the Card will determine the balance on the Card. Once the Card balance reaches zero dollars ($0), all transactions will be declined. In any case where the recipient of the Card is given value through the use of the Card greater than the remaining balance, You will pay us on demand the amount by which the transactions exceeded the balance.

    You may give the Card to any recipient, however in order for the recipient to redeem the value credited to the Card, they will have to create an account with TekkPay and agree to any policies and agreements related to the product or service purchased.

    The Card is like cash in that it may be used immediately without identification. You agree to use Your best efforts to protect the Card against loss, theft, or unauthorized use. You may call customer service to report a lost or stolen Card. At our discretion, a replacement Card may be issued, less any applicable fees.

    TekkPay reserves the right, in its sole discretion, to deem any value on a Card not redeemed within five (5) years from purchase date to be expired.

    (E) Expired Domain Name Purchases

    For expired domains names purchased through Your account, You acknowledge and agree that You are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close.

    18. UNCLAIMED PROPERTY; DORMANCY CHARGES

    Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) TekkPay is unable to issue payment to such customer or (ii) TekkPay issued payment to such customer in the form of a paper check, but the check was never cashed, then TekkPay shall turn over such account balance to the State of Arizona in accordance with state law.  You acknowledge and agree that in either case (i) or (ii) above, TekkPay may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.

    19. SUCCESSORS AND ASSIGNS

    This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

    20. NO THIRD-PARTY BENEFICIARIES

    Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    21. U.S. EXPORT LAWS

    This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws.  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative, and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    22. COMPLIANCE WITH LOCAL LAWS

    TekkPay makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

    23. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

    Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement

    24. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

    The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

    25. CONTACT INFORMATION

    If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

     

    TekkPay Legal Department

    800 Boylston St 16th Floor.

    Boston, MA 02199

    legal@tekkpay.com

    Revised: 06/26/2017

    Copyright © 2005-2023 Tekkpay Corporation.  All Rights Reserved.

  • Digital Marketing and SEO Services Agreement

    1. OVERVIEW

    This Marketing Applications Agreement (this “Agreement”) is entered into by and between TekkPay Corporation, a Massachusetts Corporation know as (“TekkPay“) and you and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Digital Marketing Service (“Digital Marketing”) and our Search Engine Optimization Service (“Search Engine Optimization”) (individually and cumulatively referred to as “Service” and “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

    Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

    The terms “we”, “us” or “our” shall refer to TekkPay. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

     

    2. DESCRIPTION OF SERVICES

    We offer a variety of products in our Marketing Applications suite of products, including Digital Marketing and Search Engine Optimization. You may purchase just one or both of these products. Your purchase and use of each product are subject to both the general terms and conditions and the specific terms and conditions for each product as outlined in this Agreement.

     

    3. GENERAL TERMS

    No guarantee. We can only guarantee the success of our digital marketing campaigns and search engine optimization services based on things we can control. If for any reason a customer contracts other companies to perform concurrent or similar services without our knowledge or consent, the same customer is running the risk of not obtaining the desired results since those unexpected actions can harm our work. Google, Bing and Yahoo respectfully reserve the right to penalize any website that cheats to achieve higher ranks. We do not manipulate ranks nor do we condone with those practices. Our services are of premium quality, and we value such a reputation. Please do not request our company to do anything outside of our scope or ethical approach to our Digital Marketing and SEO services.

     

    4. PROVISIONS SPECIFIC TO EXPRESS EMAIL MARKETING

    Core Services.  Express Email Marketing is a customizable permission-based email marketing service, which allows you to perform the following actions within the parameters specific to your plan: (i) create and maintain permission-based email contact lists built on your customer database or contact management system (email contact lists may be built or added to manually, or imported from your existing customer database or contact management system); (ii) create targeted email marketing campaigns and distribute each campaign on a scheduled basis to your email contact lists; (iii) create surveys that you may link to on your website or in your targeted email marketing campaigns; (iv) access reporting data on campaign responses, survey results, and contact activity, including demographic details; (v) implement email list subscription functionality to your website; and (vi) read updates from (and post updates to) all supported social networks through a single user interface.

    Contact-Based Plans; Post-February 2012.  Since February 2012, all Express Email Marketing plans use a contact-based billing model, which allows you to send an unlimited number of email marketing campaigns to the number of contacts included in your plan (“Contact Allowance”).

    If you anticipate exceeding your Contact Allowance at any time during your billing term (one month, 12 months, 24 months, or 36 months, as applicable), you may either (i) upgrade to a plan that includes a larger number of contacts or (ii) purchase additional contacts through the use of contact packs (“Contact Packs”). If you purchase Contact Packs, the cost of each Contact Pack will be added (as a monthly recurring cost) to the cost of your plan for the remainder of your billing term. Once purchased, your Contact Allowance will then be deemed to include the number of contacts included in your plan plus the number of contacts included in each Contact Pack. Contact Packs may be used for the duration of your billing term. If you exceed your Contact Allowance (either as originally purchased or as supplemented through Contact Packs), you acknowledge and agree that any contacts in excess of your Contact Allowance may not receive your email marketing campaigns.  Contacts will be reviewed in the order they were added to each email marketing campaign. In addition, if you exceed your Contact Allowance or any other parameters specific to your plan, you acknowledge and agree that we may (i) charge your account additional fees or (ii) terminate your account.  Account usage determinations shall be made by us in our sole and absolute discretion.

    Proper Use Required.  You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute. You further acknowledge and agree to abide by the terms and conditions of our Express Email Marketing Privacy Policy, which is incorporated herein by this reference.

    Anti-Spam Policy.  By using Express Email Marketing, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act of 2003 [http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business]. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity.

    The content you include in any email must be accurate, and you may only use the Services to send emails to customers and contacts who have expressly opted-in or given you permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, do not include them in any email marketing campaign.

    We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.

    You represent and warrant that the information you use in any email marketing campaign, including the header, subject line, and content, is not false, deceptive, or misleading. You agree to include a valid and correct physical address, as well as a valid and correct “from” and “reply-to” address in every email. You must be able to provide opt-in verification for each contact for each email marketing campaign. You must comply with all opt-out requests within ten (10) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. You acknowledge and agree that we have the right but not the obligation to copy and/or store your contact lists, customer and contact information, and other information as needed. We shall not use this information in any way that violates our Privacy Policy, except as permitted or required by law.

    Branding.  For every email you send using Express Email Marketing, you acknowledge and agree that we may attach (i) a notice stating that the email was powered by Express Email Marketing and (ii) a link to our Express Email Marketing Privacy Policy.

    Third Parties Images and Software.  As part of Express Email Marketing, you may be allowed to use certain photographs, illustrations, or other images developed, owned, or licensed by third-party providers that we may contract with from time to time. You acknowledge and agree that the Images are neither sold nor distributed to you, and you may use the Images solely as part of Express Email Marketing, and you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images. We reserve the right to modify, change, or discontinue provision of the Images at any time, and you agree to cooperate in performing any steps necessary in connection therewith. We make no representations or warranties about any third-party Images offered in connection with Express Email Marketing, and expressly disclaim any liability or responsibility regarding the same. You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of the third-party Images. You acknowledge and agree that the providers of the third-party Images are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.

    Additional Terms and Conditions Applicable to Fotolia:  You acknowledge and agree to Fotolia’s Terms and Conditions of Use, which are incorporated herein by reference.

    Data Retention.  Express Email Marketing is not intended for archival purposes. You are solely responsible for maintaining independent back-up copies of your email contact lists, marketing campaigns, reports, and other content. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your email contact lists, marketing campaigns, reports, and other content.

    THIS CLAUSE MIGHT NOT BE APPLICABLE TO YOUR PLAN. PLEASE REFER  BACK TO THE PLAN OF YOUR CHOISE UNDER THE SEO MENU FOR A FULL DESCRIPTION OF WHAT IS INCLUCED AND WHAT IS NOT.

     

    5. PROVISIONS SPECIFIC TO SEARCH ENGINE VISIBILITY

    Core Services.  Search Engine Visibility is designed to assist you in increasing traffic to your website by providing you with search engine optimization recommendations for the web pages comprising your website. Among other things, Search Engine Visibility provides (i) site analysis on title, description, keywords, page content, and meta tags, as they pertain to submitted search phrases, as well as analysis on site attributes such as spiderability; (ii) automatic (one-click) submission to top search engines; and (iii) manual submission to local and specialized search engines and directories. Certain plans also offer online advertising (“Online Advertising”), which allows you to set an advertising budget for paid online ads and creates an online landing page (“Online Landing Page”) where you can track telephone calls, emails, and visitors generated by your paid online ads.

    Requirements.  Any web page you submit when using Search Engine Visibility (i) must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; (ii) must be publicly accessible without the use of passwords or other access codes; (iii) must not reside on a secure server or use any spider blocking technology; and (iv) must have a page title or description relevant to the page content.

    No Intellectual Property Infringement.  You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine and directory partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

    Additional Limitations.  We and our search engine and directory partners reserve the right to refuse or remove any web page from a search engine’s index for any reason. In addition, we explicitly reserve the right to terminate your use of Search Engine Visibility if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

    Additional Disclaimer of Representations and Warranties.  In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

    Online Advertising; Provision of Basic Business Information.  In order to create your Online Landing Page for use with Online Advertising, you will be prompted to supply basic business information in order to create your Online Landing Page. You acknowledge and agree that the basic business information you supply will be publicly displayed on your Online Landing Page.

    Online Advertising; Fees and Advertising Budget.  The fees for Online Advertising include both a monthly charge for Services (“Monthly Service Charge”) and a monthly advertising budget (“Monthly Advertising Budget”). You agree to pay the Monthly Service Charge and the Monthly Advertising Budget at the time you order such items, and you further agree that neither the Monthly Service Charge nor the Monthly Advertising Budget shall carry over from month to month (even if you never activate your Services or complete the business interview required to provision your advertising). If you elect to advertise with Google only, 100% of your Monthly Advertising Budget will go to Google. If you elect to advertise with Google, Bing, and Yahoo!, 50% of your Monthly Advertising Budget will go to Google and 50% will go to Bing and Yahoo! You will not be permitted to customize the advertising mix and we will not customize it for you. Additionally, a percentage of the Monthly Advertising Budget shall be retained by us as a monthly search marketing fee (“Monthly Search Marketing Fee”) that supports ongoing campaign optimization performed by us on your behalf.

    We expressly reserve the right to change or modify our prices and fees (including the Monthly Search Marketing Fee) at any time, and such changes or modifications shall be posted online at this Site and effective immediately without the need for further notice to you. If you have prepaid the Monthly Service Charge and/or the Monthly Advertising Budget for a period of months or years, changes or modifications in prices and fees shall be effective when those Services come up for renewal; provided, however, that changes or modifications to the Monthly Search Marketing Fee shall be effective immediately once posted online at this Site.

    Online Advertising; Tracking of Marketing Data.  In order to provide you with marketing data regarding your Online Advertising, telephone calls initiated through your Online Landing Page, emails initiated through your Online Landing Page, visitors to your Online Landing Page, and links from your Online Landing Page to your website will be tracked (telephone calls are also recorded). You acknowledge and agree to the tracking of this information. Tracked information will be saved for the term of your active Online Advertising service (except for recorded telephone calls which will only be saved for ninety (90) days from the date of recording), during which time you will be able to review the historical tracked data associated with your Online Landing Page. Upon the termination of your Online Advertising service, this information will be saved for an additional thirty (30) days, after which time we (or the third-party service provider responsible for storing such information) may, in our sole and absolute discretion, remove and destroy any tracking information stored on our servers.

    Online Advertising; Assigned Numbers.  In connection with purchasing Online Advertising, you may choose to have us assign you a telephone number that will display on your Online Landing Page (the “Assigned Number”). Your Assigned Number (i) will forward to your business telephone number and (ii) will allow telephone calls initiated through your Online Landing Page to be tracked and recorded. You acknowledge and agree that you are not the owner of the Assigned Number, and ownership of the Assigned Number is vested solely in us and the third-party telecommunication providers we may contract with from time to time. You acknowledge and agree that this Agreement, and your use of the Assigned Number provided hereunder, is subject to such third-party telecommunication agreements.

    You acknowledge and agree that we may need to change your Assigned Number from time to time due to an area code split or any other reason, which may or may not be within our control, and we expressly disclaim any liability or responsibility regarding the same. You acknowledge and agree that following the termination of your Online Advertising account, and your Assigned Number may immediately be re-assigned to another customer, and we expressly disclaim any liability or responsibility regarding the same. Accordingly, you hereby waive any claims with respect to any change or re-assignment of your Assigned Number, whether based on warranty, contract, tort, or any other legal or equitable theory. You also acknowledge and agree that you are expressly prohibited from causing or attempting to cause the Assigned Number to be transferred or “ported” to any other service provider, telephone carrier, or other person or entity.

    Online Advertising; Third-Party Search Engines and Advertising Tools; Prices and Fees.  In connection with purchasing Online Advertising, we will attempt to drive traffic to your Online Landing Page in partnership with Google®, Bing™, Yahoo!®, or such other third-party search engines and/or advertising tools that we may contract with from time to time. You acknowledge and agree that this Agreement, and your use of the Services provided hereunder, is subject to such third-party agreements and you agree to be bound by such agreements. In addition, you specifically acknowledge and agree that we make no representations or warranties about our abilities (or the abilities of such other third-party search engines and/or advertising tools) to drive traffic to your Online Landing Page, and expressly disclaim any liability or responsibility regarding the same.

    Local Reviews.  You may have the option to monitor online reviews of your business through Search Engine Visibility. If you use the local review tool, your use of the content provided by the tool is subject to the following terms and conditions:

    Your use of the licensed content is subject to the TekkPay’s Terms and Conditions, which are hereby incorporated by reference. You acknowledge and agree that TekkPay may revoke the licensed content at any time.

  • Design Service Agreement

    1. OVERVIEW

    This Design Service Agreement (this “Agreement”) is entered into by and between TekkPay Corporation, a Massachusetts Corporation know as (“TekkPay“) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Digital Marketing Service (“Digital Marketing”) and our Search Engine Optimization Service (“Search Engine Optimization”) (individually and cumulatively referred to as “Service” and “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

    Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

    The terms “we”, “us” or “our” shall refer to TekkPay. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

     

    2. DESCRIPTION OF SERVICES

    This Agreement applies to custom design of logos, static and animated banners, business cards, letterhead, and any other alteration/modification not included in your plan including the creation of a whole new website. PLEASE NOTE THAT UPDATES ARE NOT CONSIDERED MODIFICATIONS AND ARE PART OF YOUR PLAN. Updates are usually updates in content including text and imagens.

     

    Webdesign Modifications

    Purchase of a website modifications services includes an initial interview, presentation of one (1) initial design and up to one (1) round of requested revisions. It also includes the implementation, production and testing of such modifications.

    The purchase of such services requires separate quote and are not offered to future or existing clients of our products and services.

    Banners

    Each purchase of either a static banner or an animated GIF banner includes an initial interview, presentation of one (1) initial design and up to one (1) round of requested revisions. It also includes the implementation, production and testing of such banner(s).

    BANNER SIZES MIGHT VARY DEPEDING ON YOUR WEBSITE NEEDS AND FORMAT.

    The purchase of such services requires separate quote and are not offered to future or existing clients of our products and services.

    Logo, Business Cards and Letterhead Design

    Purchase of the logo design service includes an initial interview, presentation of three (3) initial designs and up to two (2) rounds of requested revisions to the selected design.

    Purchase of the business card and/or letterhead design service includes presentation of two (2) initial designs and up to one (1) round of requested revisions to the selected design. The business card and letterhead design services will include the font specification for your print vendor to typeset additional items.

    The business card design service includes design for a standard 3.5″ x 2″ one-sided card, which includes typesetting of one (1) name and one (1) set of contact information.

    The letterhead design service includes design for one-sided standard (8.5″ x 11″) letterhead and one-sided standard #10 envelopes (9.5″ x 4.13″). Non-standard sizes, double-sided, die-cuts, and Microsoft Word template designs may be requested for an additional fee to be quoted prior to delivery.

    Business card and letterhead designs will include elements from your logo and/or complementary graphics and will not include illustration, hand-drawing, hand coloring, or logo design. If you provide a logo design for use in a business card or letterhead design, we will complete the design if, in our sole determination, the logo design you provide is a high enough quality vector illustration. If the logo design is not a high enough quality vector illustration, we will offer to recreate the logo in a vector format for an additional fee. If you purchase a custom logo design from us, the design of the business cards and letterhead will not begin until you provide your final approval of the logo design.

     

    3. YOUR OBLIGATIONS

    Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

    Submission of Content. We may request images or other content that you have indicated a desire to incorporate into the purchased Design. All such content provided should be copies and not the originals. All content must be submitted electronically, and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply, and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

    Right to Use Content. You represent and warrant that you have the appropriate rights or licenses in all logos, trademarks, intellectual property or other content supplied by you for inclusion in your Design.

    The obligation to Respond. You also agree to respond to any request for content, feedback or approval within fourteen (14) days. Failure to initiate the design process or provide requested content, feedback or approval within thirty (30) days of our request may result in termination of the Services without refund or credit. Any unfinished Designs may be archived and may require additional activation fees to recover.

    Completion of Service.  Delivery to you of your approved Design via the Design Manager or electronic mail completes our obligations under this Agreement and releases us from any obligation for further action, revisions or alterations. Requests for additional design compositions or revisions will result in additional design fees based on the additional work requested. If you cancel the Services after work has commenced, you will incur a termination fee based on the work completed to date.

     

    4. LIMITATIONS

    Reasonable Expectations. We strive toward creating professional designs that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

    Your Delay. Our completion of the Services depends on upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely feedback, including your failure to initiate the design process.

    Limits on Content. We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we in our sole discretion decide.

    No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery.

    No Intellectual Property Guarantee. Any Design developed by us is delivered without any representation or warranty as to your ability to obtain a trademark, copyright, or similar protections in the United States or any other jurisdiction. We expressly disclaim all liability for infringement on the intellectual property or other proprietary rights of any third party. We are not responsible for advising you as to any potential trademark or copyright issues related to proposed logo designs, and you should consult your attorney with any such questions.

     

    5. OWNERSHIP OF DESIGNS

    Upon final delivery of the purchased Design, we transfer to you all rights, titles and interest in the Design, but expressly reserve and retain the unlimited right and/or license to display your Design as-is or with alterations online, in marketing materials, or in any other manner in our sole discretion. Except as explicitly granted herein, we do not grant any express or implied right to you under our patents, copyrights, trademarks, or trade secrets.

  • Corporate and E-Commerce Webdesign Service Agreement

    1. OVERVIEW

    This (this “Agreement”) is entered into by and between TekkPay Corporation, a Massachusetts Corporation know as (“TekkPay”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Corporate and E-Commerce Webdesign Services (individually and cumulatively referred to as “Service” and “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

    Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

    The terms “we”, “us” or “our” shall refer to TekkPay. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

     

    2. DESCRIPTION OF SERVICES

    This Agreement applies to the custom design of websites, E-commerce sites, Facebook® pages, and post-publication updates to websites, E-commerce sites, and Facebook pages.

    Corporate Website Design Plans

    Purchase of a website design includes the design of a website using the parameters specific to your plan, and as described below (“Website Design”):

    • Corporate Webdesign Plan – Basic includes your choice of one (1) design template, up to eight (8) site pages, one (1) revision after your site is completed, and one (1) hour per month for site maintenance and updates. Unused minutes expire each month and do not roll over. Additional maintenance/update time may be purchased in one (1) hour increments for $25 hour.
    • Corporate Webdesign Plan – Standard includes your choice of one (1) design template, up to twelve (12) site pages, one (1) revision after your site is completed, and one and half (1.5) hours per month for site maintenance and updates. Unused minutes expire each month and do not roll over. Additional maintenance/update time may be purchased in one (1) hour increments for $25 hour.

     

    E-commerce Webdesign Plans

    Purchase of an e-commerce store design includes the design of an e-commerce store using the parameters specific to your plan, and as described below (“Web Store”):

    • E-commerce Webdesign Plan – Standard includes your choice of one (1) design template, fifteen (15) Site pages, basic setup of your first ten (10) products, one (1) revision after your store is completed, and two (2) hours per month for store maintenance and updates. Unused minutes expire each month and do not roll over. Additional maintenance/update time may be purchased in one (1) hour increments for $40 hour.
    • E-commerce Webdesign Plan – Deluxe includes your choice of one (1) design template, twenty (20) Site pages, basic setup of your first ten (20) products, one (1) revision after your store is completed, and three (3) hours per month for store maintenance and updates. Unused minutes expire each month and do not roll over. Additional maintenance/update time may be purchased in one (1) hour increments for $40 hour.

    You are solely responsible for providing your product descriptions, images, pricing, and other product information, and for confirming this information before approving your e-commerce store for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible to provide us all other storefront content, including tax collection methods and rates, shipping methods and rates, and payment methods, gateway information (when the gateway is not provided by us) and any other information, password and access we may need to third party applications in order to deliver a fully functional website to you in a TIMELY MANNER.

    Facebook Design Service

    A Facebook Design may only be purchased as an add-on to an eligible Website Design or E-commerce Store Design plan.

    Purchase of a Facebook Design includes (i) the design of a customized Facebook page intended to complement your website or e-commerce store. It is your sole responsibility to maintain and secure your Facebook page once our work is completed.

    Before we begin the Facebook page design process, you must (i) set up a Facebook account, and (ii) activate a public page from within your Facebook account. After we finish the Facebook page design process, it is your responsibility to link the Facebook page to your Facebook account. We will not perform these steps for you. Accordingly, at least one page of your website or e-commerce store must be published before your Facebook page can be published.

     

    3. YOUR OBLIGATIONS

    Reasonable Requests.  You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

    The obligation to Maintain Subscription.  All Services, including any free products or services included in your plan, must be associated with a specific website or e-commerce store at the time of purchase and are not transferable to other accounts, websites or e-commerce stores thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase.

    Provision and Timing of Design Services.  After your initial purchase of a Website or E-commerce Store Design plan, you will be required to (i) complete an interview form, and (ii) submit your content to one of our designers. Upon completion of the interview form, we will create an optional “Coming Soon” page for your site. Upon receipt of all of your content, we will begin building your Website or E-commerce Store.

    Submission of Content.  You are responsible for submitting all copy, images, and other content for your Design. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) days.  All content must be submitted electronically, and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply, and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

    Automatic Publication.  Within ten (10) days of receiving notice that your Website or E-Commerce site is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website or E-commerce Store will be published on your behalf without further review. Any time after publication, you may elect to de-publish your site by changing to the “Coming Soon” page option.

    Included Maintenance.  It is your responsibility to initiate your included maintenance each month through the Design Manager. Once we receive your request for maintenance/updates and all necessary materials or content, we will complete the requested maintenance/updates and re-publish your site without further review.

    Completion of Service.  Publication of your Design is the acknowledgment of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next month of maintenance, or purchased Updates are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.

    Plan Downgrade.  Once you have maintained your Services subscription for a full twelve (12) months, you may contact us to downgrade to a different plan.

    Plan Upgrade: Plans can be upgraded at any time. At the time of the upgrade a full new contact is established. 

    Cancellation Policy.  Once contracted your plan can only be cancelled if paid in full for the (12) twelve months contracted. No exceptions will be made.

    Failure to provide any other requested content, feedback or approval within thirty (30) days of our request will not prevent us from collecting our monthly fee for the services you have contracted.

    Our annual plans – RENEWED EVERY 12 MONTHS AUTOMATICALLY. You can only downgrade/upgrade after 12 months.

    Corporate Webdesign Plan – Basic – $99.95 monthly (state taxes not included)

     

    Corporate Webdesign Plan – Standard – $179.95 monthly (state taxes not included)

     

    E-commerce Webdesign Plan – Standard – $249.95 monthly (state taxes not included)

     

    E-commerce Webdesign Plan – Deluxe – $389.95 monthly (state taxes not included)

     

    Fees paid are non-refundable

    Any unfinished Designs at the time of cancellation may be archived and may require additional activation fees to recover.

    YOU HEREBY AUTHORIZE US TO AUTOMATICALLY DEDUCT FUNDS FROM THE ACCOUNT OF YOUR CHOICE TO PAY FOR THE MONTHLY PLAN YOU HAVE CHOSEN. Payment method can be changed at any time prior to the monthly anniversary of your plan, which occurs on the same day, every 30 days, from the day of your initial plan purchase.

    YOU ARE SOLE RESPOSIBLE TO REFUND TEKKPAY OF ANY CHARGES THAT TEKKPAY MIGHT INCUR TRYING TO ACCESS FUNDS (COLLECT PAYMENTS) FROM YOUR CREDIT/DEBIT CARD ACCOUNT.

    FAILURE TO PAY: TEKKPAY THROUGH IT’S LAWYERS WILL PURSUE ITS RIGHT TO COLLECT ITS FUNDS AND MAY USE COLLECTIONS AGENCIES TO DO SO. UNPAID DEBT WILL AFFECT YOUR CREDIT SCORE.

     

    4. LIMITATIONS

    Reasonable Expectations.  We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

    Your Delay.  Our completion of the Services depends upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.

    Limits on Content.  We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we, in our sole discretion, decide.

    No Obligation to Back-Up.  We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

    Limitations on Design Services.  The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design Plan; (ii) illustration or custom graphics, such as category graphics; and (iii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: Color correction or making a low-resolution image a higher resolution.

    Integration with Hosting Platform.  Websites and E-commerce Stores designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website or e-commerce store to another hosting provider is a violation of this Agreement.

    No Endorsement. We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.

    Security of Account.  You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.

    The obligation to Maintain Subscription.  Provision of your Webdesign Plan (Services) is dependent upon your active subscription to (and payment for) the Webdesign Plan (Services) you have contracted.  Failure to maintain your subscription at any time will result in termination of Plan. Recurring billing for your Webdesign Plan (Services) will begin on the date of purchase.  Fees paid for Webdesign Plan (Services) are not transferable to other Webdesign Plan (Services) accounts (or other TekkPay accounts) other than the account initially associated with Webdesign Plan (Services) on the date of purchase.

     

    Instant Publication.  It is designed to promote your website live on your domain name instantly.  You acknowledge and agree that you will not have the ability to preview either initial design selections or subsequent design changes to your website before they become live.  Accordingly, we encourage you to carefully review your (i) background, (ii) text, (iii) layouts, (iv) widgets, and (v) colors carefully at each step.

     

    5. GENERAL RULES OF CONDUCT AND RESTRICTIONS

    Websites.  In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, you acknowledge and agree that you shall not use the Services in a manner, as determined by us in our sole and absolute discretion:

    • To display or advertise pornographic, X-rated, sexually explicit, adult-themed, or otherwise tasteless materials, images, products or services (including, but not limited to, clothing, accessories, novelties and toys and/or massage, dating, escort or prostitution services); or
    • That uses pornographic, X-rated, sexually explicit or adult-themed keywords or images in video names, descriptions or listings.

    E-commerce Stores.   You are responsible for ensuring that any product posted for sale in your E-commerce Store is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited, and to ban the sale of any prohibited item(s) and/or cancel your E-commerce Store Service.  Prohibited items include, but are not limited to, the following:

    • Alcoholic beverages, tobacco, tobacco products, controlled substances, illegal drugs (including items used to manufacture controlled substances and illegal drugs), drug paraphernalia, prescription drugs, medical devices, miracle cure products;
    • Firearms, ammunition, weapons, stolen goods or property, items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • Offensive material, hazardous items or substances, items that contain hazardous substances, items not permitted for mailing per USPS Publication 52, living creatures, illegal wildlife products, pesticides, regulated plants, and seeds;
    • Gambling or items used for gambling, electronic surveillance equipment, unauthorized satellite broadcasts or signals, telephone services (including phone cards);
    • Movies, promotional media, recopied media, resale software, resale video games, resale tickets, copied coupons, resale gift cards, membership clubs, rights of publicity, unauthorized celebrity images, unauthorized trademarked items or replicas of trademarked items, items that infringe upon an individual’s privacy;
    • Domain names, real estate, credit or debit cards, Government IDs, licenses, uniforms, products that have been recalled by the Consumer Product Safety Commission.

    Facebook Pages.  You acknowledge and agree that you own or have secured all rights necessary to copy, display, distribute, deliver, publicly render all content on your Facebook page to Facebook users in all countries where you make such content available. You also acknowledge and agree that you shall not use the Services to create a Facebook page that promotes, provides content reference, facilitates, contains, or uses any of the following:

    • Alcohol-related content, or sale of tobacco products, ammunition or firearms;
    • Content that infringes upon the rights of any third party, including intellectual property rights, privacy publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
    • Gambling, including without limitation, any online casino, sports books, bingo or poker;
    • Illegal activity or illegal contests, pyramid schemes, sweepstakes or chain letters (if you run, reference or facilitate a legally permissible sweepstakes, contest or other promotion, you are subject to Facebook’s Pages Terms; or
    • Content that is hateful, threatening, defamatory, pornographic, incites violence, or contains nudity or graphic or gratuitous violence.

     

    6. OWNERSHIP OF CONTENT AND DESIGNS

    By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

    Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription remains active and in good standing. Cancellation of your Services subscription terminates your license to use the Design created for you.

    You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or any other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

     

    7. OTHER PRODUCTS AND SERVICES

    The Services may include access to other of our products and services, such as  (i) Email, (ii) Search Engine Visibility, (iii) Site Analytics, (iv) SSL, and (v) Quick Shopping Cart.

    If your Webdesign Plan (Services) includes an Email account, it will be your responsibility to set up those services.

    If your Webdesign Plan (Services) includes Search Engine Visibility and/or Site Analytics, you may make a request in the Design Manager for us to set up those services for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Search Engine Visibility Service Agreement and the Site Analytics Service Agreement, both which are incorporated herein by reference. To facilitate the set up of these additional services, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the setup. Our set up and configuration of these services will use one month (one 30-minute block) of the free maintenance included with your Webdesign Plan (Services). Once set up and configured, continued monitoring of the Search Engine Visibility and Site Analytics services will be your responsibility.

     

    8. THIRD PARTY IMAGES AND SOFTWARE

    Definitions and Scope.  As part of the Services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by third-party providers as we may contract with from time to time. If the Images/Software are accompanied by or require consent to a license agreement with the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement.

    Terms and Conditions Applicable to all Images/Software. You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you; (ii) you may use the Images/Software only as part of the Services; (iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

    Privacy.  We may provide your personal information to third-party providers as required to provide the third-party Images/Software. We reserve the right to modify, change, or discontinue use of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

    Limitations.  We make no representations or warranties about any third-party Images/Software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.

    Indemnification.  You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party Images/Software. You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing only their rights under this Agreement.

     

    9. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

    The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

     

    10. DEFINITIONS; CONFLICTS

    Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event, there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

  • Shipping and Return Policy Agreement

    1. SHIPPING

    Our equipment is primarily shipped via UPS and Fedex . All orders are shipped ground service unless expedited shipping is selected, which can be purchased for an additional fee. We ship orders Monday through Friday, and most orders are shipped within 24 hours of purchasing. If your order is placed by 3:00 PM EST your equipment will probably be shipped the same day.

    2. RETURN POLICY

    Returns are accepted under one circumstance only. YOU MUST ALWAYS TEST YOUR EQUIPMENT AND TRY TO MAKE USE OF IT AS SOON AS YOU RECEIVE IT.

    ALL equipment shipped by TekkPay is properly tested, secured and shipped. With that said, there is less than 0.00001% chance you will have any problems with your equipment. We have mechanisms to verify what caused equipment to malfunction.

    ALWAYS HANDLE YOUR DEVICE WITH CARE AND KEEP IT AWAY FROM CHILDREN.

    FACTORY DEFECT POLICY.

    If you need to return equipment due to “factory defect only”, please follow the instructions bellow.

    Please immediately test your equipment upon receiving it. Returns must be made within 30 days of the invoice date of your purchase. WE DO NOT ACCEPT RETURNS OF EQUIPMENT THAT ARE NOT DEFECTIVE. If a defect was caused by customer’s mishandling of the product, no refund will be granted either.

    We do not accept returns on obviously used equipment. You are responsible for the cost of return shipping and handling unless an error was made on our part. Returned items must be in original packaging, in as-new condition with the original packing slip, all warranty cards, manuals, and accessories. No refunds or exchanges will be made without the original packaging and accessories. Refunds or exchanges will be processed within 7 business days after returned equipment is received by our office.