Please read these Payment Portal Terms of Service (the “Terms”) carefully before using this Payment Portal or the services on this Payment Portal (the “Payment Portal“ or “Payment Processing Services”). These terms govern your access to and use of the Payment portal on your own behalf or on behalf of any entity you represent (“Customer”). Payment Portal use is subject to Customer’s acceptance and agreement to be bound by and adhere to the Terms. If Customer does not agree to the Terms, Customer must terminate its access to or use of the Payment Portal. By accessing the Payment Portal, Customer agrees to be bound by these Terms. Customer acknowledges and agrees that Data Systems International, Inc. (“DSI”) is not liable or responsible for the provision of the Payment Portal or the actions or omissions of Payment Processor.
DSI reserves the right at any time to change the policies, the Terms and the functionality of the Payment Portal, including discontinuing content or features of the Payment Portal. DSI may revise these Terms at any time without notice to Customer. Any changes to these policies and the Terms will be posted on this page. Customer can determine when these Terms were last revised by referring to the “Last Updated” legend at the bottom of the page.
All payment information handling and processing services available through this Payment Portal are operated and provided by DSI’s unaffiliated third-party payment processing vendor (the “Payment Processor”). By providing payment information through the Payment Portal, Customer represents and warrants that it is the holder of the associated account or an authorized user thereof and that such account is valid. Further, DSI is not the issuer of any payment card or account that may be used to make a payment through the Payment Portal and is not responsible for determining whether any transaction initiated by Customer will be approved. DSI makes no representation or warranty that the Payment Portal or Payment Processing Services will be available at any given time or that any transaction will be completed using the Payment Portal or Payment Processing Services nor does DSI make any representation or warranty concerning the security of the Payment Processor’s systems or processes.
Customer will pay all fees specified in their Registration Form. Except as otherwise specified herein or in any Registration Form, (i) fees are based on the Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
Customer is responsible for ensuring that the entity (e.g. bank or other card issuer) issuing its account will fulfil payments authorized by the Customer. The Customer is responsible for ensuring that they have authority to utilize the account used to process its payment.
DSI is not responsible or liable in any way for any failure by any entity issuing the account to remit payments. The Customer is liable for any and all expense, damage or loss incurred by DSI in the event of the misuse, unauthorized or non-permitted use of the payment account by the Customer and the Customer must reimburse any such amounts to DSI.
In order to use the DSI Payment Portal, the Customer must over eighteen (18) years of age and be the owner, operator or acting with the authorization of the registered company.
The Customer is solely responsible for the provision and confirmation of correct payment details including, but not limited to, Customer details, amount, payment reference and card account number. DSI will not be liable for any payments made in accordance with details provided or selected by the Customer.
The Customer will be deemed to have provided authorization for the account to be debited or charged with the payment when you initiate payment via the DSI Payment Portal.
DSI will not be liable for any fraudulent or non-permitted use of the payment account or method. The Customer must notify DSI immediately if the account used for payment is lost or stolen by emailing AR@dsiglobal.com. A notice given by the Customer under this paragraph will be deemed to be a change notice cancelling all payment authorizations to make payments using the Customer provided account.
As a separate, primary and severable liability, Customer indemnifies and must keep DSI indemnified from and against any Claim suffered or incurred by DSI in relation to, in connection with or as a direct or indirect result of any payment or purported payment being rejected, invalidated or disputed. It is not necessary for DSI to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these Terms.
Should DSI be unable to recall or recover funds that have been disputed or reversed, the Customer is responsible and liable for payment to DSI of the outstanding funds.
As owner of the products you purchase using the DSI website, DSI takes primary responsibility for delivery of your purchase. DSI may do this with assistance from the third-parties who use our website to facilitate payment of your purchase to the extent permitted by applicable law. For customer service inquiries, payment questions or disputes, Customer may contact us by email at AR@dsiglobal.com.
Customer’s submission of personally identifiable information through its use of the Payment Portal, including payment card and other payment information, is governed by DSI’s Privacy Policy, which you can review any time by clicking on the “Privacy Policy” link on the DSI website. Personal information that Customer supplies to DSI, and any information about Customer’s use of DSI Payment Portal that DSI obtains will be subject to the DSI Privacy Policy on this site.
Where Customer’s cardholder payment data is transmitted or processed through the DSI Payment Portal, Customer acknowledges that the Payment Processor shall responsible for the security of such data in accordance with applicable PCI DSS requirements.
DSI’s Payment Processor stores transaction information on third-party hosting service provider servers and by using the Payment Portal you agree for relevant transaction information to be stored on such servers and agree to the transfer/export of data from the country or territory from where you are conducting the transaction to our data servers. For further information on this provision please contact security@bluesnap.com.
6.Conduct
In connection with Customer’s use of the Payment Portal, you agree that you shall not:
THE PAYMENT PORTAL AND ALL FEATURES, FUNCTIONALITY, MATERIALS, INTELLECTUAL PROPERTY, AND SOFTWARE PROVIDED THROUGH THE PAYMENT PORTAL ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE PAYMENT PORTAL AND ANY SERVICES PROVIDED THROUGH THE PAYMENT PORTAL ARE ENTIRELY AT CUSTOMER’S OWN RISK.
TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, DSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
DSI DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PAYMENT PORTAL WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAYMENT PORTAL OR THE SERVER(S) ON WHICH THE PAYMENT PORTAL IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE PAYMENT PORTAL, AND ALL CHARGES RELATED THERETO.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSI OR ITS AFFILIATED ENTITIES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PAYMENT PORTAL, ANY SERVICES, SOFTWARE, FEATURES OR INFORMATION CONTAINED WITHIN THE PAYMENT PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMER’S SOLE REMEDY FOR DISSATISFACTION WITH THE PAYMENT PORTAL IS TO STOP USING THE PAYMENT PORTAL. STATE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Without limiting anything set forth in these Terms, to the fullest extent permitted by applicable law, in no event will DSI be liable for any adjustment, refund, or credit of any kind for, or any loss, delay, omission, shipment, misdelivery, non-delivery, misinformation, or other service failures caused by (a) Customer’s acts, defaults, or omissions; (b) Customer’s violation these Terms; or (c) failures of Internet service providers, disruption or failure of communication and information systems, force majeure events or other acts of God.
Customer agrees to defend, indemnify, and hold DSI and other affiliated companies, and DSI’s respective employees, contractors, officers, directors, and agents, harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s use or misuse of the Payment Portal. DSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with DSI in asserting any available defenses.
These terms are governed and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. Customer hereby submits to the exclusive jurisdiction of the state or federal courts within the State of Missouri and any legal actions shall be initiated therein.
These Terms and any supplemental agreements, policies, rules and guidelines posted on the site or signed by Customer constitute the entire agreement between Customer and DSI. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable US law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
DSI reserves the right to immediately discontinue the Payment Portal, terminate these Terms, or Customer’s access to and use of the Payment Portal or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, Customer’s right to use the payment portal shall immediately cease. DSI reserves the right to take steps that it believes are necessary, helpful, or appropriate to enforce or verify compliance with these Terms (including without limitation in connection with any legal process relating to Customer’s use of the Payment Portal or a third party claim that Customer’s use of the Payment Portal is unlawful or violates such third party’s rights).
Before initiating any legal claim or action (except with respect to equitable relief), the parties agree to refer any dispute, controversy or claim arising out of or related to this Agreement (collectively, a “Claim”) to members of the parties’ executive management (each such member a “Representative”) for resolution, which referral shall be evidenced by a written notice from either party to the other (the “Referral”). The parties’ representatives shall meet in person or via conference call within ten (10) business days of such Referral. If the parties have not reached a mutually agreeable resolution of the Claim within ten (10) business days after their initial meeting, or within an additional time period mutually agreed upon, then either party may request that such claim be submitted to a mediator agreed upon by the parties. The mediator shall assist in attempting to negotiate a resolution of the Claim. The mediation shall be non-binding unless the parties otherwise agree. Unless otherwise agreed by the mediator and parties, the mediation shall be held within twenty-one (21) days of the request for mediation. The parties must attend the mediation and act in good faith to genuinely attempt to resolve the Claim. Any information or documents disclosed by a party under this clause: (a) must be kept confidential; and (b) may only be used to attempt to resolve the Claim. Each party shall pay its own costs of complying with this Article XIII and shall equally share the cost of the mediator.
Last Updated: April 8, 2019
