This Terms of Service Agreement ("Agreement") is entered into between NGnair Payments ("Provider," "we," "us," or "our") and you ("Merchant" or "you"), the user of our payment processing software. By accessing or using our software, you agree to be bound by these terms and conditions. If you do not agree, you may not use the service.
The Provider provides payment processing software solutions for merchants. The service is limited to the payment processing software provided and does not include any additional services or products unless explicitly agreed upon in writing. We reserve the right to modify or discontinue the service at any time, with notice to our merchants.
The Provider will make commercially reasonable efforts to maintain service availability. However, we cannot guarantee 100% uptime, and we will not be liable for any damages, including loss of business or revenue, resulting from downtime or service outages. Scheduled maintenance may occur, and merchants will be notified in advance. Unplanned outages due to technical issues or force majeure events will be handled as quickly as possible, but no guarantees are made regarding recovery time.
The Provider grants the Merchant a limited, non-exclusive, non-transferable, and revocable license to use the NGnair Payments software solely for the purpose of handling payment processing. This license is granted for lawful use only, specifically for the Merchant's internal business operations related to payment transactions.
The Merchant is prohibited from:
Any unauthorized use, reproduction, or distribution of the Provider's software or intellectual property may result in immediate termination of this Agreement, legal action, and damages to the fullest extent permissible under the law.
By using the Provider's services, the Merchant agrees that the Provider may use the contact information provided during account registration to communicate regarding the Merchant's account, service updates, and other administrative purposes. Additionally, the Provider may send marketing communications related to new products, services, and promotional offers.
Your use of the Provider's services is subject to the Provider's Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.
The Provider uses SMS for notifications and appointment confirmations.
You can cancel the SMS service at any time by replying "STOP" to the number. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially or text the same number with "Subscribe," and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected] or call the number from the SMS.
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for messages sent to you from us and to us from you. You will receive a message for each notification. If you have questions about your text plan or data plan, it is best to contact your wireless provider.
To the fullest extent permitted by law, the Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, profits, or business opportunities arising out of or related to the use of the service, even if we were advised of the possibility of such damages. Our total liability under this Agreement is limited to the amount paid by you to the Provider during the twelve (12) months preceding the event giving rise to the claim.
The Provider reserves the right to modify this Agreement at any time. When changes are made, we will notify merchants through email or by posting the updated terms on our website. Continued use of the service after such notice constitutes acceptance of the modified terms.
The Provider may terminate this Agreement at its discretion, including for violations of these terms or for non-payment of fees. We will provide reasonable notice before terminating service unless the breach requires immediate termination (e.g., illegal activity or misuse of the service).
Any disputes arising out of or relating to this Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of law principles. The parties agree to resolve any disputes through binding arbitration, administered by the American Arbitration Association, in accordance with its rules. The arbitration will take place in Georgia. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Any disputes shall be resolved on an individual basis, and no class actions or representative actions are permitted.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any legal action arising from this Agreement that is not resolved through arbitration shall be brought in the courts located in Georgia, and you expressly consent to the jurisdiction of such courts.