Terms and Conditions

Terms and Conditions

Introduction

These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “Customer”, or “Merchant”) and Pay with Bolt Limited (“Pay with Bolt”, “us”, “we” or “our”) recurring billing or free (where there is no billing due to a price of zero) services and any related products or services (“Service” or “Services”). You authorise us to process debit and credit card payments on your behalf. This Agreement governs both the Services and any assigned account (“Account”) used in connection with the services.

Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialisation or registration of the Services, through the Pay with Bolt website (Pay with Bolt.com) or through any of the Pay with Bolt subdomains and linked third party web pages  (the Pay with Bolt website and subdomains are collectively referred to herein as, the “Site”); or (ii) through the use of your Account and password; or (iii) your use of the Site; or (iv) use of Pay with bolt iOS or Android applications.

We recommend that you read this along with our Security Statement and Privacy Policy.

Last Modified: 6 October, 2017

Term

The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.

Order Acceptance Policy

Your submission of your order on the Site or receipt of an email confirmation signifies acceptance by Pay with Bolt of your order and the provision of your Account. Pay with Bolt may verify orders to prevent fraud. Should Pay with Bolt suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), Pay with Bolt may contact you by email or telephone regarding such suspected fraudulent order and, in Pay with Bolt’s sole discretion, we may interrupt, restrict, or terminate your Account without notice to you.

Use of Services & Account

You represent and warrant that you are at least 18 years of age or the applicable age of majority in your geographic area and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or which damages our property.

Certain pages on the Site, or access to the Services and/or your Account, may be accessed only by use of a password and log-in. You are solely responsible for all uses of the Site and/or the Services and/or your Account with your password. You should regularly change your password. If your Services or Accounts are fraudulently used, you agree to immediately notify Pay with Bolt of such unauthorised use. We have the right to interrupt, restrict, or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.

Email communications from Pay with Bolt

You agree that Pay with Bolt may send email messages to you from time to time regarding planned service downtime, new features and other communications that we believe our users will want to know about.

You may opt out of receiving marketing and support emails by clicking the “unsubscribe” link at the bottom of any email. Once you do this, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email, we do not offer an alternative service.

No Warranties

The materials, content, services and accounts are provided ‘as is’. We make no warranties regarding the materials, content, services and accounts whatsoever and disclaim any and all express or implied warranties of any kind, including any warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, or warranties arising by course of dealing or custom or trade. We do not authorise anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. this paragraph shall survive termination of this agreement. In territories that do not allow the disclaimer of implied warranties the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third parties with respect to the services (including, without limitation, by dealers or resellers of the services) beyond those made by Pay with Bolt, your sole remedy for such reliance is against the third party making such representation or warranty.

Security and Compliance

Please read our Security statement and Privacy Policy for full details on certificates and measures that we undertake.

Pay With Bolt is a PCI DSS Level 1 Service Provider, meaning we are regulated and annually audited by a qualified assessor to validate maintain the highest level of security protocols. We are responsible for the safety and security of personal and cardholder data once it is entered into the Bolt system. You are still subject to PCI DSS however by using Bolt, are only responsible cardholder data outside of Bolt, including (but is not limited to) your telephony, PC and web browser should your staff be entering card details.    In the event that our certification is no longer valid or are revoked, we will contact our users within 14 days with the steps being taken to resume compliance and security measures.

Users of Bolt must only do so using the web address containing “https” to ensure a secure connection, we cannot be responsible for data transmitted over a nonsecure connection.

Service availability

We will make every available effort to keep Pay with Bolt services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. We make no guarantee as to uptime or availability of the service. System status can be reviewed on the website http://uptime.paywithbolt.com.

Limitation of liability

In no event shall Pay with Bolt, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages, including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content, services or accounts; (iii) non-performance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Pay with Bolt has been advised of the possibility of such damages. Pay with Bolt also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorised code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, services and account.

In no event shall Pay with Bolt, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

If, notwithstanding the other terms of this agreement, Pay with Bolt should have any liability to you or any third party for any loss, harm or damage, you and Pay with Bolt agree that in no event shall liability of Pay with Bolt to you for any reason exceed our service charges during the affected period giving rise to such liability.

You and Pay with Bolt agree that this section of the agreement, “limitation of liability”, is an agreed allocation of risk between you and Pay with Bolt. You acknowledge that without your agreement to this limitation of liability, Pay with Bolt would not provide the site, materials, content, services, or accounts to you.

Modification of prices or billing terms

Pay with Bolt reserves the right, at any time, to change its prices and billing methods for the service, effective immediately upon posting to the site or by email delivery to you.

Intellectual property ownership

All materials, services, accounts and content, including, but not limited to, policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information and other material contained on the site or through the services (“content”), are provided by Pay with Bolt unless indicated otherwise. All intellectual property rights in the materials, content, services and accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Pay with Bolt. Pay with Bolt retains all copyrights in the individual pages, their components and collective works available at the site.

The materials, content, services and accounts are copyrighted and are protected worldwide copyright laws and treaty provisions. they may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Pay with Bolt’s prior written permission.

Trademarks and copyrights, including the word “Pay with Bolt”, the “nut” symbol and elements and the Pay with Bolt logo, are the property of Pay with Bolt. All other names and trademarks are the property of their respective holders.

Intellectual property ownership

All materials, services, accounts and content, including, but not limited to, policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information and other material contained on the site or through the services (“content”), are provided by Pay with Bolt unless indicated otherwise. All intellectual property rights in the materials, content, services and accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Pay with Bolt. Pay with Bolt retains all copyrights in the individual pages, their components and collective works available at the site.

The materials, content, services and accounts are copyrighted and are protected worldwide copyright laws and treaty provisions. they may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Pay with Bolt’s prior written permission.

Trademarks and copyrights, including the word “Pay with Bolt”, the “nut” symbol and elements and the Pay with Bolt logo, are the property of Pay with Bolt. All other names and trademarks are the property of their respective holders.

Pay with Bolt reliance on third-party systems

Pay with Bolt will be sending transaction requests to your desired payment gateway.

We make no guarantees as to the availability of your payment gateway and we are in no way responsible should your payment gateway provider have an outage, downtime, or erroneous operation of their systems.Pay with Bolt maintain a program to monitor the PCI DSS certification of connected payment gateways (where applicable), and may remove support for a gateway if its certification falls out of date by more than 3 months (as required by PCI DSS).

Pay with Bolt integrates and is considered an addition to the following cloud based software: Xero, Sage One, Intuit Quickbooks Online, these software vendors have their own terms and conditions and policies, as a user of any of these services you agree to these policies and terms separately.

Pay with Bolt is not a payment processor, merchant account provider, or payment gateway service. we are not responsible for any monies due to you related to transactions that have been processed through your payment gateway, merchant account provider, or any payment processors that you utilise in connection with the Pay with Bolt services.

Pay with Bolt does not store any credit card information from your customers; instead, we pass credit card information to the connected payment gateway, such as Authorize.net and they store it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to your payment gateway for storage by them.

Upgrades / downgrades of subscription plans

You may upgrade or downgrade to any of our subscription plans a maximum of once per month, we withhold the right not to refund any excess monies when downgrading from a more expensive plan. We may issue you with credit in certain circumstances at our discretion. When downgrading to a plan with less features you will immediately not be entitled to any of the service or product features from the higher paid plan, including number of user licenses, user accounts that are not included or paid for will be terminated without notice and no backup of these accounts will be available.

Termination / Cancellation

You may terminate this agreement at any time by ceasing all use of the services or by notifying Pay with Bolt of your desire to cancel your service. We may terminate this agreement, at any time, without notice to you, if we believe, in our sole judgement, that you have breached or may breach any term or condition of this agreement. You agree that termination of this agreement will not relieve you of any obligation to pay any accrued charges. All sections which by their nature should survive the expiration or termination of the agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement. You shall be charged the full amount of the fee for the month in which the services were terminated. There is no pro-rated refund or discount provided when an account is terminated.

Privacy

Please see our privacy policy as set forth on the site (paywithbolt.com/privacy_policy). Cooperation with government authorities if necessary and in accordance with applicable law, Pay with Bolt will cooperate with local, state, federal, international and/or worldwide government authorities to protect this site, materials, content, services, accounts, visitors, customers, Pay with Bolt, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorised use of this site, materials, content, services and accounts. You agree that Pay with Bolt may anonymise the data it has on your company from your connected and integrated software (Payment gateways and SaaS systems) for commercial statistical and market research purposes. By agreeing to these terms and conditions set out in this document you also agree to our privacy policy.

Links to other Materials

Pay with Bolt is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Pay with Bolt reserves the right to terminate any link or linking program at any time. Pay with Bolt has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk. Any links to any portion of the site shall be the responsibility of the linking party and Pay with Bolt shall not be responsible for notification of any change in name or location of any information on the site.

Modification

We may change or modify this agreement from time to time, but any such change (a) will be made in good faith and (b) if significant (as determined in the sole discretion of Pay with Bolt), will only be made after first providing you with notice of the change. You can review the most current version of this agreement at any time at our site (paywithbolt.com). If you do not agree to a significant change, you may terminate this agreement by terminating use of the services and/or by requesting that we terminate your services.

Assignment

We may assign all or part of our rights or duties under this agreement in connection with a sale of all or substantially all the assets of Pay with Bolt to a third party without notice to you; provided any such third party shall be obliged to honour the terms of this agreement. You may not assign this agreement without our prior written consent.

Indemnity

You agree to defend, indemnify and hold harmless Pay with Bolt, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including legal fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the services, (b) any other person’s use of any account you maintain, regardless of whether such use is authorised by you, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. Notwithstanding the foregoing, you shall not be liable for claims, expenses or damages arising from the grossly negligent acts of Pay with Bolt or its employees, agents, contractors, or representatives. this indemnification shall apply to the fullest extent permitted by law and shall survive termination of this agreement.

General Information, Publicity, Entire Agreement

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent and the remaining portions shall remain in full force and effect.

You hereby consent to Pay with Bolt publicising the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by Pay with Bolt.

This Agreement constitutes the entire agreement between Pay with Bolt and you with respect to your use of the Pay with Bolt Site, Materials, Content, Services and your Account; it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Pay with Bolt and you with respect thereto.

The failure of Pay with Bolt to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.