THIS PAYMENTEVOLUTION USER AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF PAYMENTEVOLUTION SERVICES.
This Terms of Service Agreement (this "Agreement") is made and entered into by and between you, as a User (as defined below), and PaymentEvolution Corporation, a Canadian federal corporation, and its subsidiaries and affiliates (collectively, "PaymentEvolution" or "PE"). This Agreement contains the terms and conditions that govern the use of PaymentEvolution's software and services (the "Platform"). PaymentEvolution directly, and through its website (https://PaymentEvolution.com) and the associated domains thereof (the "Site"), offers customers the products and services listed at https://PaymentEvolution.com (as such list may be updated, modified, or otherwise changed from time to time, collectively, the "Services"). Products and services may also be offered by authorized financial institution resellers of PaymentEvolution (each a "Financial Institution"). Your use of PaymentEvolution services through your Financial Institution is governed by this agreement. An authorized Financial Institution may provide additional terms of agreement and in any case where terms conflict, this Agreement will take precedence.
This Agreement is applicable to all persons who use or access the Platform and/or the Services, in their company’s capacity or in an individual capacity, including authorized users representing the company, its employees, or other persons using or accessing the Services (collectively, "Users" and each, a "User"). If User is agreeing to these terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to this Agreement, and User’s acceptance of these terms will be treated as the agreement of such business or individual. In that event, "User" also refers to that business or individual. By clicking the applicable button to indicate User’s acceptance of this Agreement, or by accessing or using the Platform, User agrees, effective as of the date of such action, to be bound by the Agreement.
You may not access the PaymentEvolution services if you are our direct competitor (as deemed by PaymentEvolution), except with our prior written consent. In addition, You may not access our services for purposes of monitoring its availability, performance or for any other benchmarking or competitive purposes.
This Agreement was last updated on January 29, 2021. It is effective between You and PaymentEvolution Corporation as of the date of your acceptance of this Agreement
The provision of any Service is subject to the terms of this Agreement and any supplemental terms referenced herein or which may be presented to the User with review and acceptance at the time User subscribes to such Service (each, "Service Terms"), and any Service Terms shall be incorporated into and form a part of this Agreement. If the terms hereof conflict with any Service Terms, the Service Terms will govern with respect to the matters contemplated thereby.
In order to receive any Service, User must have subscribed for the Service through a Financial Institution (a "Service Plan"). User accepts the Financial Institution services agreement, terms of service and/or terms of payment associated with the Service Plan (collectively, the "Subscription Terms") by (i) clicking the applicable button to indicate User’s subscription to the Service Plan; (ii) clicking the applicable button to indicate User’s acceptance of this Agreement (in the event that User is already enrolled in a Service Plan); or (iii) accessing or using the Services. By taking any of the aforementioned actions, User agrees to be bound by the applicable Service Terms as of the time that such action occurs.
These Payroll Terms are "Service Terms" under the PaymentEvolution Terms. Capitalized terms used but not otherwise defined in these Payroll Terms shall have the meanings ascribed to such terms in the PaymentEvolution Terms. The Payroll Agreement is a legally binding agreement between User and PaymentEvolution. User is encouraged to read the Payroll Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these Payroll Terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the Payroll Agreement, and User’s agreement to these terms will be treated as the agreement of such business or individual. In that event, "User" (as defined in the PaymentEvolution Terms) also refers to that business or individual. By (i) clicking the applicable button to indicate User’s subscription to the Service Plan, (ii) clicking the applicable button to indicate User’s acceptance of the Payroll Agreement, or (iii) accessing or using the Payroll Service, User accepts the Payroll Agreement, and User agrees, effective as of the date of such action, to be bound by the Payroll Agreement.
Subject to the terms and conditions of the Payroll Agreement, PaymentEvolution agrees to use reasonable efforts to provide User with the Payroll Service in accordance with the Payroll Agreement.
In addition to the obligations specified in these Payroll Terms, User has certain obligations under the PaymentEvolution Terms, including but not limited to obligations to (i) designate an Account Administrator; (ii) be responsible for actions taken under User’s Account; (iii) follow instructions that PaymentEvolution provides to User with respect to the Payroll Service; (iv) provide accurate, timely, and complete information required for PaymentEvolution to perform the Payroll Service and maintain the accuracy and completeness of such information; (v) notify PaymentEvolution of third-party notices, such as Canada Revenue Agency ("CRA") penalty notices, which could affect PaymentEvolution’s ability to effectively provide the Payroll Service or which could increase the likelihood that a Claim is brought against User or PaymentEvolution in connection with the Payroll Service; and (vi) refrain from taking certain prohibited actions, as described in further detail in Section User Accounts and Responsibility and Section General Provisions of the PaymentEvolution Terms.
These PayChequer Terms are "Service Terms" under the PaymentEvolution Terms. Capitalized terms used but not otherwise defined in these PayChequer Terms shall have the meanings ascribed to such terms in the PaymentEvolution Terms. The PayChequer Agreement is a legally binding agreement between User and PaymentEvolution. User is encouraged to read the PayChequer Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these PayChequer Terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the PayChequer Agreement, and User’s agreement to these terms will be treated as the agreement of such business or individual. In that event, "User" (as defined in the PaymentEvolution Terms) also refers to that business or individual. By (i) clicking the applicable button to indicate User’s subscription to the Service Plan, (ii) clicking the applicable button to indicate User’s acceptance of the PayChequer Agreement, or (iii) accessing or using the PayChequer Service, User accepts the PayChequer Agreement, and User agrees, effective as of the date of such action, to be bound by the PayChequer Agreement.
Subject to the terms and conditions of the PayChequer Agreement, PaymentEvolution agrees to use reasonable efforts to provide User with the PayChequer Service in accordance with the PayChequer Agreement.
In addition to the obligations specified in these PayChequer Terms, User has certain obligations under the PaymentEvolution Terms, including but not limited to obligations to (i) designate an Account Administrator; (ii) be responsible for actions taken under User’s Account; (iii) follow instructions that PaymentEvolution provides to User with respect to the PayChequer Service; (iv) provide accurate, timely, and complete information required for PaymentEvolution to perform the PayChequer Service and maintain the accuracy and completeness of such information; (v) notify PaymentEvolution of third-party notices, such as Canada Revenue Agency ("CRA") penalty notices, which could affect PaymentEvolution’s ability to effectively provide the PayChequer Service or which could increase the likelihood that a Claim is brought against User or PaymentEvolution in connection with the PayChequer Service; and (vi) refrain from taking certain prohibited actions, as described in further detail in Section User Accounts and Responsibility and Section General Provisions of the PaymentEvolution Terms.