The Terms and Conditions constitute a legal agreement (“Agreement”) between the sole proprietor or business organization listed as the “Merchant” on the Application page (sometimes referred to as “you”, “your”, and/or “user”) and eCheckProcessing.com (“eCheckProcessing” or “PROVIDER” or “Processor”). By using this service, you accept and agree to these Terms and Conditions. If you do not agree to these Terms of Service, do not use the eCheckProcessing service. By electing to use our service you hereby agree to these Terms and Conditions.
These Terms and Conditions govern your use of our service. As used in these Terms and Conditions, “eCheckProcessing service,” “our service” or “the service” means the service provided by eCheckProcessing whereby our software/portal/gateway is utilized by the Merchant to facilitate eChecks or Remotely Created Checks or Demand Drafts per Merchant’s request through our approved software/portal/gateway and then, eCheckProcessing or its designated partners to deposit those images, either physically or electronically into the Merchants designated bank account for processing. We are not a check processing entity and in no way do we handle any transfer of funds. WE DO NOT GUARANTEE ANY CHECK WILL CLEAR AND WILL NOT BE HELD ACCOUNTABLE FOR ANY BANK FEES. You acknowledge that you have been advised that we are not a bank nor a financial institution.
eCheckProcessing may, from time to time change these Terms and Conditions. Such revisions shall be effective immediately; provided however, for existing customers, such revisions shall, unless otherwise stated, be effective 30 days after notification.
eCheckProcessing at its sole discretion will determine who qualifies for our service through our own defined Underwriting Guidelines. Merchant authorizes eCheckProcessing through third-party credit reporting agencies or agents of eCheckProcessing, to make whatever inquiries that are deemed appropriate to investigate, verify and research references, statements, creditability or data obtained to determine Acceptance of service.
Personal Guarantee: To induce and in consideration of eCheckProcessing acceptance of this Agreement, the signer of the Application (herein referred to as “Guarantor”) unconditionally, personally, individually, jointly and severally guarantees performance of the Merchant’s obligations under this Agreement and payment of all sums due thereunder and hereby continues to personally liable for all fees.
Merchant authorizes eCheckProcessing and eCheckProcessing agrees to execute and facilitate credit to Merchant’s designated account all requests for eChecks or Demand Drafts or Remotely Created Checks by the physical or electronic deposit of funds or by use of commercial mail service, if the Merchants designated Bank is out of our Network.
Merchant acknowledges that the security and verification services will not detect errors in the transmission or content of the eCheck or Demand Draft or Remotely Created Check and Merchant agrees that it shall be solely responsible for the discovery and identification of any error and to advise eCheckProcessing of such errors as prescribed herein. Merchant agrees that the security and verification procedures are commercially reasonable, and that Merchant shall be bound by any eCheck or Demand Draft or Remotely Created Check instruction issued in Merchant’s name and accepted by eCheckProcessing in compliance with the security and verification.
By using our service, Merchant is completely and solely responsible for any, and all activities which occur under Merchant’s account whether authorized or unauthorized. Merchant agrees to notify eCheckProcessing immediately of any unauthorized use of Merchant’s account or any other breach of security known or should be known by Merchant.
By using our service, Merchant agrees that any, and all financial institution information, account numbers and routing numbers are true and correct. Merchant agrees that the security and verification procedures implemented by PROVIDER are commercially reasonable but may not detect, nor is PROVIDER obligated to detect fraudulent checks. In no event shall eCheckProcessing be criminally or civilly liable for any fraudulent checks whatsoever.
By using our service, Merchant is completely and solely responsible for any, and all financial institution account information that is provided to eCheckProcessing to perform Merchant’s requested service to have sufficient funds to cover the check that has been generated by eCheckProcessing’s software and service. In no event shall eCheckProcessing be liable for any NSF fees or any other administrative or punitive fees incurred by any financial institution where a check(s) that has been delivered to Merchant or to Merchant’s financial institution and has been returned due to non-sufficient funds, Stop Payment, Closed Account or any other reason. Our software cannot verify funds on any check nor are we in any way obligated to verify funds prior to acceptance of transaction or after the deposit of the check.
All eCheck or Demand Draft or Remotely Created Check transaction attempts will conform to eCheckProcessing’s procedures, which may be amended from time to time in its sole discretion. Such procedures include the method for submitting an eCheck or Demand Draft or Remotely Created Check requests and cut-off times for all deposits at the respective financial institutions. Merchant understands that the account/routing/transit number assigned to companies and to the accounts for drafting is critical to the check function. Merchant acknowledges and agrees that eCheckProcessing will rely solely upon the information Merchant provided in the eCheck/Demand Draft/Remotely Created Check request to be used in executing such drafts.
eCheckProcessing shall not be required to execute eCheck/Demand Draft/Remotely Created Check Requests, unless Merchant’s account is or arranges to be in good standing, and current.
Because of circumstances beyond its control, if eCheckProcessing is delayed beyond reasonable time limits in acting upon a eCheck/Demand Draft/Remotely Created Check request, the time for acting shall be extended for the time necessary to complete the action, if Provider exercises such diligence, as the circumstances require.
Merchant agrees that PROVIDER shall not be responsible and will have no liability for any loss resulting from any delay in handling or consummation of any eCheck/Demand Draft/Remotely Created Check request, or for eCheckProcessing’s inability for any reason to carry out a requested amendment or cancellation of any eCheck/Demand Draft/Remotely Created Check request. PROVIDER will not be responsible to recover funds that PROVIDER has already drafted in accordance with a eCheck/Demand Draft/Remotely Created Check request, nor will PROVIDER be obligated to recover or reimburse any funds that were drafted erroneously at the request of Merchant, or before PROVIDER received and had time to act upon a request to amend or cancel the request.
It is our corporate policy not to knowingly provide Services to any person or organization whose use of the Services involves or pertains to any activity which is illegal under U.S. law or involves an activity or business with which we decline to accept and conduct business generally (“Excluded Activities”). These Excluded Activities or Products sold by merchant include but are not limited to the following: Explicit Pornography or Streaming Pornography; Outbound Telemarketing; Controlled Substances; certain Supplements that are adulterated or misbranded; Pseudo Pharmaceuticals that are banned by the Food and Drug Administration; Ponzi/Pyramid Schemes; Stolen/Replica/Knock-Off items; Get Rich Quick Schemes designed to defraud customers; Gun Merchants without Federal Firearm Licenses; Charities without 501(c)3 status or entities in OFAC Nations.
We may publish from time to time a more detailed and comprehensive list of businesses and activities which we include within the scope of Excluded Activities. We reserve the right to reject any proposed Merchant account which we deem in our sole discretion could use our Services in conjunction with any Excluded Activity. If we discover after accepting a Merchant account that the Merchant is utilizing our Services in conjunction with an Excluded Activity, we may immediately terminate or suspend the account without notice, without liability to us or our Resellers.
Merchant agrees that there is expressed confirmation from the customer that the eCheck/Demand Draft/Remotely Created Check order was approved or authorized by Merchant’s customer. Furthermore, Marchant warrants that all representations made by Merchant to the Merchant’s customers are truthful and no attempt is made to sell a product or service to anyone who may not understand what they are agreeing to. Merchant agrees to comply with all other laws pertaining to the type of plan, product, and/or service being sold.
As a condition of Merchant’s use of eCheckProcessing’ services, Merchant agrees not to provide any information that is unlawful, illegal, harmful, threatening, abusive, harassing, degrading, defamatory, libelous, infringing, discriminatory, prejudice, invasive and/or exploitive to any other persons or entities in any way. Merchant agrees not to obtain or attempt to obtain any materials and/or information through and by any means non-intentionally made available, disclosed or provided through eCheckProcessing’ services. Merchant agrees to use eCheckProcessing’s services for its sole intended purposes. In no event shall Merchant use eCheckProcessing services in a manner that will violate any local, state, federal or international law, rules and regulations with regards to unauthorized disclosure of any 3rd party personal private information, such as name, address, SSN, DOB or financial information, etc. In the event Merchant violates this provision, Merchant shall protect, defend, indemnify and hold harmless, eCheckProcessing from and against any, and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from Merchant’s violation of this provision. In addition, Merchant shall not resell or make any commercial use of the Service without the express written consent of eCheckProcessing.
Telemarketing Merchants – Merchant agrees and acknowledges that Merchant will not use eCheckProcessing’s services in conjunction with any telemarketing businesses (or the like) in which the primary function of the business is outbound sales calls. Unacceptable businesses for this program include cold-calling, “boiler rooms”, marketing in which there is no pre-existing relationship between the merchant and the customer and whereby merchant is engaging primarily in outbound call and/or outbound mail activity to initiate a check by phone/eCheck/Demand Draft or Remotely Created Check transaction. If merchant violates this agreement by participating in such business practices, processor shall immediately hold all merchant’s funds, cancel this agreement, debit merchant’s account for all returns, and take other legal action as deemed necessary by processor’s legal counsel, the Federal Trade Commission, the United States Postmaster General, and/or NACHA (National Automated Clearing House). Upon request, Merchant will provide a Legal Letter of Opinion from Merchant’s attorney that Merchant has a pre-existing relationship with its customers for which it will use eCheckProcessing’s services or that the Merchant’s operation is Legally formed and procedurally following all known Laws.
Merchant agrees and acknowledges that they have not been denied ACH services due to excessive customer disputes and/or returned checks. Merchant must disclose all closed Bank Accounts within the past year due high rate of disputes.
Upon request, Merchant shall provide a copy of their customer agreement, invoice, or sales order showing that the customer explicitly allows eCheck/Demand Draft/Remotely Created Check as an acceptable and approved form of payment.
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. If you permit Authorized Users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions as they authorize or process. If you believe that your password or other means to access your account has been lost or stolen or that someone may have attempted to use the Service without your consent you must notify us at once at 855-847-0500 or notify us at firstname.lastname@example.org.
Due to circumstances beyond our control, particularly delays in handling and posting payments by the Payee or financial institutions, some payment transactions may take longer to be credited to your account. We will bear no responsibility for any late payment related charges due to the actions of others or that are outside of our direct control. You acknowledge and agree that we will take commercially reasonable steps to ensure the validity of each check you enter into/through our portal/software/gateway. We do not guarantee funds and if funds are not available when processed through your financial institution it is your sole responsibility to collect said funds. In addition, we do not guarantee that once funds have been verified that the status of your client’s bank/financing account will not change prior to the withdrawal or depositing of funds. We do not process ACH transactions.
You agree that eCheckProcessing can provide disclosures and notices regarding the Service to you by emailing them to the email address listed in your eCheckProcessing Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered received by you within 24 hours of the time it is emailed to you unless we receive notice that the email was not delivered.
Upon careful risk analysis and Acceptance, final rates and fees will be disclosed to the Merchant along with the Approved Payment Method, Billing Cycle and Account Thresholds. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to fees related to transaction volume or per occurrence fees.
We reserve the right to adjust pricing for our service based on our internal risk analysis at any time in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notification.
ACH Debits – Merchant hereby authorizes eCheckProcessing in accordance with all Rules and applicable laws to initiate debit/credit entries to Merchant’s checking account, as indicated per the attached copy of a voided check from same. The authority is to remain in full force and effect until (a) Sixty (60) days after eCheckProcessing has received written notification from MERCHANT of its termination in such a manner as to afford eCheckProcessing reasonable opportunity to act on it, and (b) all obligations of Merchant to eCheckProcessing that have arisen under this agreement have been paid in full.
Credit Card – Merchant hereby authorizes eCheckProcessing in accordance with this Agreement to initiate Credit Card transactions to cover all Fees. The authority is to remain in full force and effect until (a) One hundred and eighty (180) days after eCheckProcessing has received written notification from MERCHANT of its termination in such a manner as to afford eCheckProcessing reasonable opportunity to act on it, and (b) all obligations of Merchant to eCheckProcessing that have arisen under this agreement have been paid in full.
eCheck – Merchant hereby authorizes eCheckProcessing in accordance with this Agreement to initiate Remotely Created Checks to cover all Fees. The authority is to remain in full force and effect until (a) Sixty (60) days after eCheckProcessing has received written notification from MERCHANT of its termination in such a manner as to afford eCheckProcessing reasonable opportunity to act on it, and (b) all obligations of Merchant to BANK/ eCheckProcessing that have arisen under this agreement have been paid in full.
eCheckProcessing’s service will continue month-to-month until you cancel your Service, or your Service is terminated. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the eCheckProcessing Service. We will bill all fees to your Payment Method. Unused service is not considered grounds for automatic account closure.
Monthly Billing – Billing will occur on or around the 1st of each month for the prior month’s activity plus the current month’s monthly service fee and will be processed per the approved Payment Method.
Pay-As-You-Go – Billing will occur once the accrued fees for the calendar month equal or surpass an amount equal to the Deposit or on the 1st of each month, whichever is sooner. PayAsYouGo begins after any deposits, setup fees and first month’s service fees are paid. You may request an invoice prior to debiting your account for associated fees.
PrePaid – Merchant agrees to prepay for services prior to using service. Prepaid Accounts may pay by eCheck, ACH, Credit Card, Western Union or Wire Transfer. Service will be made available AFTER funds clear or credit card authorization obtained. Service may be Restricted if Prepaid reserves fall below the monthly recurring service fee. You will not be notified as you near your limit. Payments must be made in $100 increments. There are no refunds of unused fees, for any reason and unused fees are forfeited after 6 months of inactivity. There may be an additional $10 Monthly Inactivity Fee added for PrePaid accounts if an account does not process any transactions in two consecutive calendar months.
In the event your fees exceed your Prepaid Balance, eCheckProcessing may, at its sole discretion, allow the Merchant to continue processing for a limited time. A 1.5% Fee will be assessed on any service or transaction that is accepted when the prepaid balance is negative or will be negative upon the requested transaction.
There are no Monthly Caps or Limits nor any Transaction Caps or Limits. However, each merchant will be assigned a Monthly Threshold and Transaction Threshold. Once a Threshold is met, Risk Department may initiate internal risk protocols to review the account. If Risk determines that the account will be allowed to continue beyond the preset Threshold said threshold may be adjusted.
Based on risk analysis some Merchants may be asked to put up a Deposit or increase their deposit to cover future fees. Sometimes this can occur after an NSF event where eCheckProcessing fees are rejected by the Merchant’s Bank or Credit Card company. Deposits are held for the life of the account. A portion of the deposit or all the deposit may be returned upon appeal and a review of the merchant’s payment history. Deposits may be held for up to 60 days following cancellation or termination.
Your eCheckProcessing service may start with a free trial as offered from time-to-time as a Promotion and only at PROVIDERS sole discretion. The free trial period of your service lasts for 14 days or 3 checks or up to $500 in processing volume, or as otherwise specified in writing during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new Merchants only. eCheckProcessing reserves the right, in absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly service fees at the end of the free trial period unless you cancel prior to the end of the free trial period. All transaction related fees will also begin on subsequent use of service. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your service has begun. On the 15th day you will be billed $49.99 as a Set Up Fee and first month’s service. To Cancel, send an email to email@example.com indicating your desire to cancel. We will continue to bill your Payment Method for use of service until you officially cancel. Reasonable time must be allowed for eCheckProcessing to cancel service once notification is received.
Monthly Fees – Monthly fees are billed to the Payment Method on file for the next month’s service. Initial monthly fees are never pro-rated and partial month usage is never refunded.
Transaction Fees – Accrued whether the Service Attempt is Accepted or Rejected/Denied and without regard whether the check ultimately is returned for any reason.
Transaction Rate – Billed only on Accepted Transactions but without regard whether the check ultimately is returned for any reason.
Change Fee – $35 Fee occurs when there is an Address Change, DBA Name Change, Phone Number Change, Deposit Bank Change or an Account is Re-Initiated after a Seasonal Hold, Merchant Requested Hold, Risk Hold or Credit Hold in a calendar month. Additional changes within the same calendar month or for changes to accounts who have cancelled or Terminated may be billed at $45 per subsequent event.
Unqualified Transaction Fees – Transactions in excess of your Transaction Threshold or Monthly Threshold may be charged an additional Risk Assessment Fee of 1% on that transaction only.
NSF Fees/Stop Payment/Account Closure – If an ACH or eCheck attempt on a Merchant’s account is returned unpaid, a $35 fee will be charged and the account will likely be placed on Credit Hold until the balance is paid. Excessive NSF’s may be charged $45 each and a review will occur to possibly terminate the account.
Credit Card Declines – A $10 fee may be added to any declined credit card transaction.
Annual Security Fee – eCheckProcessing faces strict security requirements to keep data safe and secure. To offset this cost, there is an Annual Fee of $99 billed in arrears (for the previous year) on Jan 1 of each year. The fee is due and payable if the merchant stops service prior to Jan 1. Annual Fees are never prorated. Annual fees will not be charged in the year when merchant’s service started after November 1.
Fines and/or Other Fees – eCheckProcessing may also reimburse itself by debits from Merchant’s account(s) for any direct charges or fines incurred by eCheckProcessing in connection with Merchant’s eCheck/Demand Draft/Remotely Created Check requests and subsequent check processing.
You may cancel your eCheckProcessing service at any time. There are no refunds for partial month service or for unused prepaid service. To cancel, send an email to firstname.lastname@example.org indicating your desire to cancel. There are no Cancellation Fees unless otherwise stipulated but Annual Security Fees will be due upon Cancellation. All Deposits will be refunded less any associated fees.
eCheckProcessing reserves the right to cancel services along with access to the software/portal/gateway at out sole discretion based on changes in the merchant’s risk profile including but not limited to the following: Changes in company legal status; changes in company’s or persons ability to pay future fees; customer complaints; excessive bank changes; ongoing legal investigations; excessive Risk and/or Credit Holds; any illegal activity or industry rule violations. Upon termination, we will immediately discontinue your access to the Service. You will not be refunded or credited for partially used credits if your access to or use of the Service is terminated or suspended. All remaining fees including Annual Fees are due and payable immediately. Termination does not relieve you of your obligations as defined in this Agreement.
Upon termination you agree to (i) immediately cease your use of the Service, (ii) discontinue use of any eCheckProcessing or other trademarks licensed under this Agreement, and (iii) immediately remove any eCheckProcessing references and logos from your website. In addition, upon termination, you understand and agree that (iv) the license granted under this Agreement shall end, (v) we reserve the right to delete all of your information and account data, (vi) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account date, and (vii) you are liable to us for any fees or other amounts incurred by you through your use of the Service prior to termination.
You are responsible for all claims, demands, fines, fees, penalties and other liability arising out of or relating to your use of the Service and your breach of this Agreement. You are responsible for any fraud and lost or stolen information caused by you or by your customers.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless eCheckProcessing and its respective employees, affiliates, members, representatives and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of our relating to (i) your breach of any provision of this Agreement; (ii) your use of the Service; (iii) negligence or willful misconduct of your employees or agents; and (iv) all third-party indemnity obligations we incur as a direct or indirect result of your acts or omissions.
You represent and warrant to us that: (a) if you are a natural person, you are at least 18 years of age; (b) you are eligible to Apply and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you sell products and services. Furthermore, Merchant warrants and represents that any, and all information provided or disclosed to eCheckProcessing, is accurate and current. Furthermore, Merchant warrants and represents he/she has the full legal power, authority and capacity to provide or disclose such information to eCheckProcessing. In no event shall eCheckProcessing assume any liability of any kind in connection to or arising out of any misrepresentation, misleading, deceptive or false information provided or disclosed by Merchant. THE FOREGOING WARRANTIES IN THIS PARAGRAPH ARE IN ADDITION TO ALL OTHER APPLICABLE WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Merchant agrees to protect, defend, indemnify and hold harmless, eCheckProcessing from and against any and all loss, damage, injury, liability, judgments, violations and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from; (i) any and all information that was inaccurate, misinterpreted, mishandled or lost by eCheckProcessing or by any financial institution, (ii) any inaccurate, unreliability or incompleteness of any service(s) provided by any financial institution and (iii) any inaccurate, incorrect, misleading, misrepresenting, deceptive or false information provided or disclosed by Merchant. Any, and all warranties herein shall survive the termination of this Agreement. Any and all information disclosed by Merchant shall be subject to eCheckProcessing’s Privacy Agreement.
All the information and material provided with respect to eCheckProcessing’s services are provided are on an “As-Is” and “As Available” basis. To the fullest extent permitted by applicable law, in no event does eCheckProcessing represent, warrant or guarantee of any kind, that eCheckProcessing’s service will be free from any delay, failure, interruption, corruption or otherwise from any financial institution or delivery carrier. THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
eCheckProcessing’s website and eCheckProcessing services are operated and provided in the State of California. As such, eCheckProcessing is subject to the laws of the State California, and as such these terms and conditions are made under and shall be governed by, construed and interpreted according to the laws of the California, without regard to its conflict of law principles. eCheckProcessing makes no representation that its website or its services are appropriate, legal or available for use in other locations. In the event these terms and conditions are breached, all disputes must be settled through binding arbitration.
In the event of dispute between the parties herein, each party agrees to settle their dispute in binding arbitration. Arbitration shall be pursuant to and governed by the rules of the American Arbitration Association. An Arbitrator shall be mutually selected between the parties herein. The Arbitrator shall have the authority to award costs to whichever party he/she deems appropriate. Costs for arbitration may be equally split between the parties herein.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software that we in our sole discretion deem to be reasonable in the circumstances, such as on our website or any other websites maintained or owned by us. Any use of the Service or software/portal/gateway after our publication of any such charges shall constitute your acceptance of this Agreement as modified.
This Agreement, any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger or acquisition) or any permitted assigns.
If any of the provisions herein are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Terms and Conditions, as a whole.
This Agreement and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and eCheckProcessing with respect to the provision of the Service. In the event of a conflict between this Agreement and any other eCheckProcessing agreement or policy relating to the subject matter herein, this Agreement shall prevail. Except as expressly provided herein, these terms and conditions describe the entire liability of eCheckProcessing and define your access and use of the Service. If any provision of this Agreement (or any portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue to be in full force and effect.