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GENERAL TERMS AND CONDITIONS OF BUSINESS
2. Description of Services
3. Registration Data and Privacy
4. Conduct on Site
5. Third Party Sites and Information
Seller supplies as its sole warranty the following: The order processing system, target marketing tools, and associated analytics shall be launched upon thorough testing and will be defect free to the extent of our knowledge. The cloud server on which the applications are hosted for your access is owned and run by a third party, and we are not responsible for any unscheduled disruption of services. We will work with our cloud service provider to resolve the issue in the shortest time possible. The warranty shall last for 6 months. The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.
6. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered, or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of California, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of California and hereby waives any objection to such jurisdiction and venue.
Last revised on: March 9th, 2017
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Payco is a registered MSP/ISO of Elavon Inc. Georigia(A wholly owned subsidiary of U.S Bancorp Minneapolis, N.A., MN
Payco is a registered Independent Sales Organization of Wells Fargo Bank, N.A. Concord CA
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