Terms of service

Benji Pays reserves the right reserves the right to update these terms of service from time to time as it deems necessary without notice. Any new features or functionality added to Benji Pays now or in the future will be subject to the Terms of Service. By continuing to use Benji Pays services after any change to the Terms of Service, you are deemed to have provided consent to the new Terms of Service. The current version of the Terms of Service may be viewed here or at https://www.benjipays.com/tos at any time.

Use of Benji Pays service(s)

1. You understand that Benji Pays is not a provider of credit card processing merchant accounts and only processes transactions on your behalf through your existing merchant account using our automated system. You must have an existing merchant account with a supported merchant provider, and you will continue to pay processing fees to your merchant account provider as per your agreement with them. You consent to Benji Pays Inc. processing credit card payments on your behalf through your payment provider with the credentials you have provided.
2. You confirm that you are authorized to provide the necessary access information to Benji Pays so that it may process transactions on your behalf through your existing merchant account.
3. You understand and agree that the fees charged by Benji Pays are for the automated service of processing transactions on your behalf and not a replacement for any merchant account fees you incur from your merchant account provider. You further understand and agree that you will continue to pay fees to your merchant account provider and are fully responsible for those fees. Benji Pays is in no way responsible or liable for any incurred fees from your merchant account provider.
4. Accounts registered by automated software programs (bots) are not permitted and will be removed from our systems.
5. You must keep your BenjiPays.com password confidential and secure.
6. In no event shall Benji Pays be liable to you or to any third party for any loss of use, revenue, or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not benji pays has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall benji pays’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed two (2) times the aggregate amounts paid or payable to Benji Pays in the two years period preceding the event giving rise to the claim.
7. DISCLAIMER. Benji Pays does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
8. Benji Pays will access your accounting data in the accounting system you authorize it to when signing up. You consent to Benji Pays Inc. accessing your accounting system on your behalf to obtain records such as invoices, customer information, payment information and your chart of accounts.
9. Billing You will be billed on the 1st of each month for all transactions from the previous month. You agree to pay the per transaction maximum charge, the per transaction minimum charge, or the percentage per transaction charge, whichever is lower. You agree to pay the total of all of the transaction charges calculated for the month, or your plan’s minimum monthly charge, whichever is greater. Your minimum charge will only be charged if there is one (1) or more billable transactions for the billing period. The balance of your invoice will be charged to the credit card you have provided on the 1st of the month. If your card is declined, you will be notified by email and by notifications in the BENJI PAYS website when you login that you need to update your payment information, we will continue providing services for up to 10 days, if after 10 days your card is still not able to be successfully charged, we will suspend your payment processing until such time that you update your billing information. Our pricing and the structure of our monthly plans may be changed at any time upon providing you with 30 days notice by email to the email address used to register your Benji Pays account. All fees are exclusive of taxes and are subject to taxes imposed by tax authorities. Overdue Amounts: Interest at a rate of 1.5 percent per month (18 percent per annum), compounded annually, will apply on overdue amounts. You agree to pay all costs and expenses of Benji Pays in connection with collection of overdue amounts, including reasonable legal fees on a solicitor-client basis.
10. CANCELLATION AND TERMINATION OF SERVICES You may temporarily suspend your payment processing at any time by turning off Auto Processing in your settings when logged into your account. Note that any transactions made before that point will be billed to your card on the 1st of the next month and you will continue to be billed you monthly base plan amount until you close your account. You may permanently discontinue our services at any time by disabling Auto Processing in your settings in you account, as well as disconnecting your accounting system from our website and contacting us at our support email to request your account be closed.
11. REFUNDS Refunds are processed on a case by case basis. If you are not satisfied with our services, please contact us within 30 days of your invoice to request a refund review. Requests made past the 30 days of an invoice will not be approved.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Benji Pays. All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, ‘Intellectual Property Rights’) contained in any materials that are delivered to you under these Terms of Service or prepared by or on behalf of Benji Pays in the course of performing the Services, except for any of your confidential information, shall be owned exclusively by Benji Pays.
13. SECURITY Benji Pays takes all reasonable measures to secure its service and keep your data secure. All pages are secured and transmitted via https and SSL. Database access is restricted via password and IP address. All data transferred to and from 3rd party accounting platforms and merchant account providers is transmitted over encrypted SSL connections. All Data is backed up daily.
14. Force Majeure The failure of Benji Pays to fulfill its obligations to you under these Terms of Service as the result of any condition beyond its control, including, but not limited to, war, invasion, insurrection, riot, the order of any civil authority, breakdowns, strikes, lockouts, labour disputes, labour shortage, act of God, accidents, fire, flood, severe weather, governmental restriction, or power failure or any other cause or causes, whether or not similar to any of the foregoing, will not constitute or be deemed a breach of these Terms of Service. Benji Pays shall not be liable for any loss or damages of any nature or kind whatsoever whether direct, indirect or consequential suffered by any person as a result of any such causes or any delay resulting therefrom.
15. These Terms of Service and all related documents, and all matters arising out of or relating to these Terms of Service, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of British Columbia and the federal laws of Canada applicable therein.
16. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to these Terms of Service, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of British Columbia.
17. These Terms of Service contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.
18. The invalidity, illegality, or unenforceability of any provision of these Terms of Service does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

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