1. Acceptance of Terms
Welcome to Imperial Pay Pro. By using our services, you agree to comply with and be legally bound by these Terms of Use. If you do not agree with any part of these terms, you must not use our services. These Terms of Use constitute a legally binding agreement between you and Imperial Pay Pro (collectively referred to as “we,” “our,” or “us”).
2. Definitions
– Services: Refers to the payment processing services, including but not limited to transaction processing, payment gateway services, and related support.
– Merchant: Refers to any individual or business entity that enters into an agreement with Imperial Pay Pro to use our services.
– User: Refers to any individual or entity that uses our services or accesses our website.
3. Eligibility
By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using our services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use.
4. Services Provided
Imperial Pay Pro provides payment processing services to merchants. These services include but are not limited to the authorization, capture, and settlement of payment transactions. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
5. Merchant Obligations
As a merchant, you agree to the following:
– Compliance: You will comply with all applicable laws, regulations, and card network rules in connection with your use of our services.
– Accurate Information: You will provide accurate, complete, and up-to-date information to Imperial Pay Pro and promptly update any information that may change.
– Security: You will maintain appropriate security measures to protect your systems and data, including keeping your account credentials confidential.
– Prohibited Activities: You will not use our services for any illegal or unauthorized purposes, including but not limited to money laundering, fraud, or transactions involving prohibited goods and services.
6. Fees and Payment
You agree to pay all applicable fees for the services provided by Imperial Pay Pro as outlined in your merchant agreement. These fees may include transaction fees, monthly fees, chargeback fees, and other applicable charges. All fees are non-refundable unless otherwise specified.
7. Termination
Imperial Pay Pro reserves the right to terminate your access to our services at any time without prior notice if you violate these Terms of Use or engage in any activity that we deem harmful or otherwise inappropriate. You may also terminate your account by providing written notice to Imperial Pay Pro. Upon termination, you will be responsible for any outstanding fees and charges.
8. Intellectual Property
All intellectual property rights in our services, including but not limited to copyrights, trademarks, and trade secrets, are owned by Imperial Pay Pro. You agree not to copy, reproduce, modify, or create derivative works of our services without our express written consent.
9. Confidentiality
You agree to keep all non-public information relating to Imperial Pay Pro’s services and business confidential. This includes but is not limited to pricing, technology, and proprietary information. You may only use such information for the purpose of using our services and must return or destroy it upon termination of your account.
10. Privacy
Your use of our services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our services, you agree to the terms of our Privacy Policy.
11. Disclaimer of Warranties
Imperial Pay Pro provides its services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will be uninterrupted, error-free, or free of viruses or other harmful components.
12. Limitation of Liability
To the maximum extent permitted by law, Imperial Pay Pro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with your use of our services. Our total liability to you for any claim arising out of or relating to these Terms of Use or our services shall not exceed the amount of fees paid by you to Imperial Pay Pro in the six months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Imperial Pay Pro, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our services, your violation of these Terms of Use, or your infringement of any intellectual property or other rights of any person or entity.
14. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts of the State of Georgia, USA, and you consent to the personal jurisdiction of such courts.
15. Dispute Resolution
In the event of any dispute arising out of or related to these Terms of Use or our services, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, either party may submit the dispute to mediation. If the dispute is not resolved through mediation, the parties may pursue any legal remedies available under applicable law.
16. Changes to Terms of Use
Imperial Pay Pro reserves the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting the modified Terms of Use on our website. Your continued use of our services after the posting of changes constitutes your acceptance of the modified Terms of Use. It is your responsibility to review these Terms of Use periodically for any updates or changes.
17. Entire Agreement
These Terms of Use, along with our Privacy Policy and any additional terms or agreements applicable to your use of our services, constitute the entire agreement between you and Imperial Pay Pro.
18. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable or, if modification is not possible, shall be deemed stricken from these Terms of Use.
19. Waiver
No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
20. Assignment
You may not assign or transfer any of your rights or obligations under these Terms of Use without the prior written consent of Imperial Pay Pro. Any attempted assignment or transfer without such consent will be void. Imperial Pay Pro may assign or transfer its rights and obligations under these Terms of Use without your consent.
21. Notices
All notices required or permitted under these Terms of Use must be in writing and will be deemed given when delivered personally, sent by email, or sent by certified or registered mail, postage prepaid, return receipt requested, to the address provided by each party. Notices to Imperial Pay Pro should be sent to:
22. Relationship of Parties
Nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between you and Imperial Pay Pro. Neither party has the authority to act as an agent or bind the other party in any way.
23. Survival
The provisions of these Terms of Use that by their nature should survive termination, including but not limited to payment obligations, indemnification, disclaimers, limitations of liability, and governing law, will survive any termination or expiration of these Terms of Use.
24. Force Majeure
Imperial Pay Pro shall not be liable for any failure or delay in performing its obligations under these Terms of Use due to events beyond its reasonable control, including but not limited to acts of God, war, natural disasters, government regulations, strikes, lockouts, or other labor disputes, and failures or interruptions of telecommunications or internet services.
25. Contact Information
If you have any questions, concerns, or comments about these Terms of Use or our services, please contact us at:
Imperial Pay Pro
869 Walnut Street, Macon, GA, 31201, USA