Payments Product Terms (the “Product Terms”)
Last Updated: April 5, 2021
1.1. Pursuant to an applicable Quote, these Product Terms are governed by and form a part of the terms of the Agreement as defined in the iQmetrix Master Services Agreement, located at http://www.iqmetrix.com/legal/general/msa, as it exists at the time of Subscriber’s execution of the applicable Quote.1.2. Any undefined capitalized terms used in these Product Terms will have the meanings ascribed to them in the Agreement. In the event of any direct conflict or inconsistency between the terms of these Product Terms and the terms of the Agreement, the terms of the Agreement will control.
2. Payment Solutions Services
2.1. Payment Processing2.1.1. The Payment Solutions Services will provide Subscriber with payment processing functionality through Subscriber’s RQ Software as specified in the applicable Order Form (“Payment Gateway”):2.1.2. The monthly Fees will be billed to Subscriber by iQmetrix based on Locations activated as specified in the applicable Order Form.2.1.3. Subscriber is responsible for its merchant agreement with its payment processor, including all fees charged by such payment processor.
3. Term and Termination
3.1. Notwithstanding Sections 1.3 and 16 of the MSA:3.1.1. the initial term for each Location subscription for Payment Solutions Services will be one year from activation of such Location, and it will renew for a successive one-year term unless Subscriber requests termination in writing 45 days prior to the end of the initial term or any renewal term; and3.1.2. early termination of any Location during its initial term or any renewal term will incur a $100 USD fee per Location per month for each remaining month of the current term.3.2. Termination requests in respect of this Payment Solutions Schedule must be sent in writing to merchantStatus@iqmetrix.com. If Subscriber is terminating multiple Services with iQmetrix, this termination request must be sent in respect of this Payment Solutions Schedule (in addition to any other termination notice required for any other products, services or schedules).3.3. iQmetrix is not responsible for terminating any previous merchant accounts with third party processors.
4. Additional Terms
4.1. Subscriber acknowledges and agrees that iQmetrix shall not be responsible for (i) any damages or losses incurred by Subscriber or the customers of Subscriber in connection with Subscriber’s use or inability to use the Payment Processing Services, (ii) the accuracy of any credit card charges, amounts, calculations and/or data produced using the Payment Processing Services or (ii) the security of any data accessed, submitted, reported or transmitted using the Payment Processing Services.4.2. Subscriber indemnifies and holds iQmetrix harmless from any liability that may accrue to iQmetrix in relation to iQmetrix providing or Subscriber using the Payment Processing Services.