Terms of Service
The following terms and conditions govern all use of the directprocessingnetwork.com website, all its content, and any usage for marketing purposes. The website is own and operated by Direct Processing Network Inc, an authorized agent of “CardConnect” a FirstData corporation. Direct Processing Network Inc is an independent agent and is not owned or operated by CardConnect. Our terms of service are subject to our privacy agreement and any of these terms are subject to change at any time. By using our website, services, and products you agree to our terms of service and all abiding laws applicable by the state of Florida. Please read this agreement carefully before accessing our website or contracting our services or products. The website is not intended for anyone under the age of 18 years old.
Your partnership with Floridapayments.com & personalized partner websites:
If you create a blog/website as part of a marketing strategy to solicit merchants for our services, you are entirely responsible for obeying any laws applicable to your jurisdiction whether you are located in Florida or any other US. Territories. Unlawful use of any of our materials, products, or services is strictly prohibited and is considered breach of contract. Direct Processing Network Inc, the registered agent office will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Direct Processing Network INC, Agent or otherwise.
Submission of content by third parties
By submitting content to directprocessingnetwork.com, Agent, for inclusion on your website, you grant Direct Processing Network INC, Agent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog and floridapayments.com. If you delete Content, Direct Processing Network INC, Agent will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Direct Processing Network INC, Agent has the right (though not the obligation) to, in Direct Processing Network INC, Agent sole discretion (i) refuse or remove any content that, in Direct Processing Network INC, Agent reasonable opinion, violates any Direct Processing Network INC, Agent policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Direct Processing Network INC, Agent sole discretion. Direct Processing Network INC, Agent will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms.
By selecting a product or service, you agree to pay Direct Processing Network INC, Agent the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal.
Unless you notify Direct Processing Network INC, Agent before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Direct Processing Network INC, Agent in writing.
Services.
Fees; Payment. By signing up for a Services account you agree to pay Direct Processing Network INC, Agent the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Direct Processing Network INC, Agent reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled (Unless no cancellation or contractual agreements have been established) by you at any time on thirty (30) days written notice to Direct Processing Network INC, Agent, with the exception of non-cancellable equipment lease agreements acquired by any current or past customer of Direct Processing Network INC or DBA “Direct Processing Network”.
Customer Support / Technical support / Installation services/ Clover®®® support
Direct Processing Network INC , DBA “Direct Processing Network” provides several customer service and technical support to both free-and-included for existing merchants as well as pre-paid/per hour services for existing or non-existing merchants such as installations and Clover®®® Support.
Direct Processing Network INC, DBA “Direct Processing Network ” provides a one-time free installation to any merchants who open a merchant account through us and purchase the equipment through us. Installation is not available for merchants opening a processing account with us BUT purchasing the equipment elsewhere.
Clover®®® support is available at a rate of one hundred dollars per hour with a minimum of 30 minutes per consultation. Clover®®® support is available on-site within Florida and remotely to clientele outside of state. Clover®®® installation and support may be available for larger projects out of state, contact support at [email protected] for further information.
All support will be provided in accordance with Direct Processing Network INC, DBA “Direct Processing Network” Agent standard services practices, procedures and policies.
Responsibility of Website Visitors.
Direct Processing Network INC , DBA “Direct Processing Network”, Agent has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Direct Processing Network INC, DBA “Direct Processing Network INC”, Agent does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Content, products, and services posted on other websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which floridapayments.com links, and that link to floridapayments.com. Direct Processing Network INC, DBA “Direct Processing Network INC” is not responsible for any losses or damages caused by the utilization of any of our products or services provided by Direct Processing Network INC, DBA “Direct Processing Network” or any of its partners or subsidiaries.
Intellectual Property.
This Agreement does not transfer from Direct Processing Network INC, DBA “Direct Processing Network ”, Agent to you any Direct Processing Network INC, DBA “Direct Processing Network”, Agent or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Direct Processing Network INC, DBA “Direct Processing Network”.
directprocessingnetwork.com, the directprocessingnetwork.com logo, and all other trademarks, service marks, graphics and logos used in connection with directprocessingnetwork.com, or the Website are trademarks or registered trademarks of Direct Processing Network INC, DBA “Direct Processing Network ”, Agent or Direct Processing Network INC, DBA “Direct Processing Network ”, Agent licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Direct Processing Network INC, DBA “Direct Processing Network ”, Agent or third-party trademarks.
Changes.
Direct Processing Network INC, DBA “Direct Processing Network”, Agent reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Direct Processing Network INC, DBA “Direct Processing Network”, Agent may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
Direct Processing Network Inc, DBA “Direct Processing Network”, Agent may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your floridapayments.com account (if you have one), you may simply discontinue using the Website.
Direct Processing Network Inc, DBA “Direct Processing Network”, Agent can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Direct Processing Network INC”. DBA “Direct Processing Network INC”, Agent and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Direct Processing Network INC, DBA “Direct Processing Network”, Agent nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Direct Processing Network INC, DBA “Direct Processing Network ”, Agent Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Miscellaneous.
This Agreement constitutes the entire agreement between Direct Processing Network INC, DBA “Direct Processing Network INC”, Agent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Direct Processing Network INC, DBA “Direct Processing Network INC”, Agent, or by the posting by Direct Processing Network INC, DBA “Direct Processing Network”, Agent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond).