These Terms of Service are a legal agreement (“Agreement”) between you (“user,” “you,” “your”) and Checkbook, Inc., a Delaware Corporation (“Checkbook,” “Checkbook.io”). As part of using Paygeon’s services, you must accept these passthrough terms from Checkbook. “Service” refers to Checkbook’s payment processing services, as well as Checkbook’s website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes, or maintenance releases) thereto provided to you through Marketplace_Customer by Checkbook, directly or indirectly. To use the Service, you must agree to all the terms in this Agreement. This Agreement incorporates by reference all policies, notices, and other content that appear on Checkbook’s website at www.checkbook.io and/or any other website(s) exclusively provided by Checkbook (the “Website”).
Your acceptance of this Agreement constitutes acceptance by your business or nonprofit organization. To register a business or nonprofit organization, you have to provide additional information, such as a street address, telephone number, tax identification number (or social security number), and date of birth and other identifying information for at least one principal of the business. You agree to provide supplemental documentation upon request (including but not limited to: articles of incorporation, passports, driver’s license, or a business license). You authorize Checkbook, directly or through third parties, to make inquiries or verify that this information is accurate (for example, through social media or third party databases). You specifically authorize Checkbook to request a consumer report that contains your name and address.
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Checkbook Account and your use of the Service, either directly from Checkbook or from Paygeon.
3. Prohibited Activities
By registering with Checkbook, you also confirm that you will not accept payments or use the Service in connection with the following activities, items, or services:
4. Our Role and Your Responsibilities
Checkbook provides hosting and data processing services for our users. Checkbook is a Payment Service Provider (“PSP”), not a bank, money transmitter, or Money Services Business (“MSB”), and we do not offer banking or MSB services as defined by the United States Department of Treasury.
As a PSP, Checkbook collects, analyzes, and relays information generated in connection with payments to and from our users. You authorize Checkbook to provide this information to the FSPs that Checkbook partners with, in order for the FSP to facilitate payments from/to our users through the various payment networks (“Network”, “Networks”), including ACH and/or Check21 and/or VISA and/or Mastercard OCT (Original Credit Transaction), as applicable.
5. Your Payment Authorization
You authorize Checkbook through its FSP to hold, receive, disburse, and settle funds on your behalf. Your authorization permits Checkbook through its FSP to generate a paper draft or electronic funds transfer to process each payment transaction that you authorize.
You authorize the FSP to initiate electronic Network entries to each bank account for which you input or enable the retrieval of the routing number and account number on Checkbook’s website, mobile app, or any other ingress point such as through one of our Partners, and to initiate adjustments for any transactions credited or debited in error.
6. Payment Processing
Payment processing through Checkbook is subject to the terms, conditions, and fees set forth by the financial service providers ("FSPs") that Checkbook partners with, including ACH and/or Check21 and/or VISA and/or Mastercard OCT (Original Credit Transaction), as applicable. You agree to comply with all rules and regulations of the FSPs involved in your payment transactions.
It's important to note that Checkbook does not guarantee the availability of specific payment methods or the success of any payment transaction. Delays or errors in processing payments may occur due to factors beyond our control.
7. Transaction Records
You can access transaction records related to your use of Checkbook's services through your account on our website or mobile app. It's your responsibility to regularly review and verify your transaction history. If you believe there is an error or unauthorized transaction, you must notify us promptly.
Checkbook will provide you with periodic statements of your account, which will include transaction information. Please review these statements carefully and report any discrepancies or errors immediately.
8. Data Security
Checkbook takes data security seriously. We use industry-standard security measures to protect your information. However, you acknowledge that no data transmission over the internet can be guaranteed to be completely secure, and we cannot ensure the security of any information you transmit to us.
It's important to keep your account credentials, including your username and password, confidential. You are responsible for maintaining the security of your account information and for any activities that occur under your account.
9. Termination
Checkbook reserves the right to terminate or suspend your account or access to our services at our discretion, with or without cause, and with or without notice. If your account is terminated, you may no longer have access to your transaction history or account data. You may also be liable for any outstanding fees or obligations.
10. Changes to the Agreement
We may update and modify this Agreement from time to time. Any changes will be effective upon posting on our website or providing notice to you. It's your responsibility to review the Agreement periodically to stay informed of any updates. Continued use of our services after changes constitute acceptance of the modified terms.
11. Contact Information
If you have questions or need to contact us for any reason, you can reach Checkbook Customer Support through the contact information provided on our website or within your account dashboard.
12. Entire Agreement
This Agreement constitutes the entire agreement between you and Checkbook, superseding any prior agreements or understandings. Any waiver of any provision of this Agreement will only be effective if in writing and signed by both parties.
13. Effective Date
This Agreement is effective as of the date you first use Checkbook's services and will remain in effect until terminated as outlined in Section 9.
14. Governing Law
This Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
15. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within six months after the cause of action accrues.
16. Amendment of Agreement
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 software or Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our Website or any other website maintained or owned by us and identified to you. Any use of our software or Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified. No modification or amendment to this Agreement shall be binding upon Checkbook unless in a written instrument signed by a duly authorized representative of Checkbook.
17. Other Provisions
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.