This User Terms of Service ("Agreement") applies to your use of www.plastiq.com (the "Website") and the Services (as defined herein) and is a legal contract between you and Plastiq Inc. ("Plastiq"/"we"/"us"). Any questions regarding this Agreement should be directed to email@example.com. We may amend this Agreement at any time, for example to reflect changes to the Services or compliance with the law and will post notice of the latest version on the Website. The revised version will be effective immediately after we post it. Changes will not apply retroactively. Your continued use of the Services following any update to this Agreement will be deemed acceptance of the updated Agreement. If you do not agree to the modified terms of this Agreement, you should discontinue your use of the Services.
a. "Account" or "Plastiq Account" means an account that a User creates on the Website in order to register for use of certain Services
b. "Business Day" is every Monday through Friday, excluding statutory holidays in the USA and Canada.
c. "Chargeback" means a request that a cardholder files directly with his or her credit card company or credit card issuing bank to invalidate a payment.
d. "Claim" means a claim filed directly against Plastiq.
e. "Default Payment Method" means a Payment Method that you select to fund a payment.
f. "Dispute" means a dispute between a User and Plastiq
g. "Due Date" is the date on which the payment is due, as reflected on your Merchant bill or statement. It is not the late date or grace period date.
h. "Fee" means the amount due to Plastiq for use of the Services.
i. "Force Majeure" means circumstances beyond Plastiq's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays
j. "Merchant" refers to an entity being paid by the User
k. "Plastiq," "we," "us" or "our" means Plastiq Inc. and its subsidiaries.
l. "Payment Method" means a permitted payment method used to fund a transaction through the Services, including but not limited to credit or debit cards.
m. "Personal Data" means any personally identifiable information concerning a User, including but not limited to the following: name, email address, billing/shipping address, phone number, and credit or debt card number.
n. "Platform" means our infrastructure and applications that enable use of the Services.
o. "Services" means all our products and services and any other features, technologies and/or functionalities offered by us on the Website or through any other means.
p. "Policy" or "Policies" means any Policy or other agreement between you and Plastiq that you entered into on the Plastiq website, or in connection with your use of the Services.
q. "Principal" means the amount you are paying to the Merchant.
r. "Processing Date" is the date on which your Payment Method is debited, and the payment begins processing. You determine this date, based upon the Due Date.
s. "Provider" means any third party we use to provide the Services for you.
t. "Restricted Activities" means all forbidden and restricted activities in relation to your use of the Services including those specific activities described in Section 4.1 of this Agreement.
u. "Scheduled Payment" is a payment that has been scheduled through the Services but has not begun processing.
v. "User," "you" or "your" means you and any other person or entity using the Service.
w. "Website" means the plastiq.com website, including all subpages and successor pages.
Plastiq provides Services that enable you to pay Merchants using a credit or debit card. For access to and use of such Services, Plastiq will charge you a Fee, assessed at the time of payment submission to a Merchant.
Plastiq does not issue credit or payment cards. Supported Payment Methods may include, but are not limited to, credit and debit cards issued on the MasterCard®, Visa®, American Express®, and Discover® networks. Although Plastiq may have the capability to process these cards, not all Merchants may accept all card types. Plastiq will inform you which cards a particular Merchant accepts at time of payment. Merchants may change their accepted Payment Methods at any time. Plastiq cannot be held responsible for any change of Payment Method by Merchants. If a Merchant no longer accepts a particular Payment Method and the User submits a payment via that Payment Method, Plastiq will make all reasonable efforts to cancel such payment and inform the User. Plastiq does not operate or manage a rewards program, although submitting payments through Plastiq may earn you rewards from your issuing bank or other parties.
In addition to the terms and conditions contained in this Agreement, you also agree to be bound by all terms and conditions of the Merchant whom you are paying. Specifically, Fees are governed by the terms and conditions of this Agreement, while Principal payments (once transmitted to Merchants) are governed by the applicable Merchant’s terms and conditions. In transacting with Merchants and using the Services, you acknowledge and agree that Plastiq is acting only as an intermediary and is not a party to any transaction between Users and Merchants. Accordingly, Plastiq assumes no responsibility and will have no liability of any kind whatsoever in respect of your dealings with Merchants including with regards to Principal payments, the proper and timely delivery of goods or services by Merchants, and Chargebacks. Plastiq in no way endorses, recommends and/or bears any responsibility or liability for any products, services or statements made by Merchants. Merchant statements and opinions are not representative of Plastiq or its business partners.
Plastiq will use commercially reasonable efforts to make the Services available at all times except for: (a) planned downtime, or (b) any unavailability due to Force Majeure. Planned downtown and routine maintenance and updates may result in temporary unavailability of the Platform and temporary inability to initiate or investigate payments and Plastiq will attempt to notify you in advance of any scheduled downtime on the Website but will have no liability to you or any third party in respect of your inability to access the Platform or Services at any time.
The mobile website and SMS communication allow Users to access many of the Services through a mobile device. If you use the mobile website you are responsible for any fees that your service provider charges for SMS, data services, etc. Your service provider is not the provider of the Services offered by Plastiq.
In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a valid and active e-mail address, and (iii) you must have a valid deposit account or credit and debit cards issued on the MasterCard®, Visa®, American Express®, and Discover® networks. Other restrictions may apply.
You agree that you will not provide access to the Services to any party other than yourself, and you will take reasonable precautions to safeguard your password and other authentication details and keep them confidential. You agree to use the Services only for lawful purposes.
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Plastiq, a Merchant, or a third party you will not:
You are responsible for all fees, fines, penalties and other liability incurred by Plastiq, yourself, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Plastiq or a third party for any and all such liability.
In the event that you are liable for any amounts owed to Plastiq, Plastiq may initiate a transaction via your Default Payment Method or other available payment methods to pay any such amounts. If you do not have sufficient funds available to fulfill such payment, Plastiq may engage in collection efforts and/or other legal actions to recover such amounts from you.
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Plastiq, a third party, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
Plastiq, in its sole discretion, reserves the right to terminate access to its website, to your Account, or to the Services for any reason and at any time upon notice to you and funding Merchants any unrestricted payments you previously submitted.
If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate in our sole discretion.
You can use Our "Quick Pay" tool to submit payments through Plastiq. Registration is not required to submit an immediate payment.
After a payment is submitted through the Platform, Plastiq will not refund its Fee unless it was found Plastiq made an error. In such a case, Plastiq will refund your Fee. All Principal refund requests must be sent directly to the Merchant. Plastiq cannot refund any Principal payments.
Scheduled Payments can be created via our "Payment Scheduler" tool, available only to registered and logged in Users. A Scheduled Payment specifies one or more future dates on which a specific payment will be automatically charged to your Payment Method and sent to a Merchant. An example of a Scheduled Payment is signing up for a service where you agree to allow Plastiq to directly initiate a payment each month for that particular service you have purchased. When you create a Scheduled Payment, Plastiq is not required to provide any notice ahead of the Processing Date of such a payment. The Processing Date should be at least five (5) Business Days before the Due Date to ensure that there is enough time to complete the payment prior to the Due Date. Scheduled Payments must be assigned to a saved Payment Method, whose expiration date does not fall after the last Scheduled Payment Processing Date.
You may cancel a Scheduled Payment without penalty at any time up to five (5) Business Days prior to the Scheduled Payment Processing Date. Once Plastiq has begun processing a payment it cannot be canceled. If you cancel a Scheduled Payment you may still be liable to the Merchant for the payment and be required to pay the Merchant through alternative means.
For fraud prevention, Plastiq reserves the right to impose limitations on the size, frequency, and time frame of payments per User.
In order to manage risk, Plastiq may limit the Payment Methods available for a transaction.
Delivery of funds to the Merchant typically takes between forty-eight (48) and seventy-two (72) hours but may take additional time. Plastiq makes no guarantees, warranties, representations or commitments regarding when such payments will reach Merchants. You understand and agree that any timeline provided by Plastiq regarding the delivery of funds is an estimate only. Plastiq cannot be held responsible for any fees, penalties, or late payment interest charged to you by a Merchant or any third party as a result of a delay in delivery of funds.
Plastiq is not responsible for any failure to complete or delay in completing any payment due to any of the following, but not limited to:
If we duplicate a payment or process a payment for an amount higher than you requested or if we cause funds from your Payment Method to be directed to a Merchant which does not comply with your Payment Instructions, we will use commercially reasonable efforts to recover the incorrect payment from the Merchant. If we can recover the incorrect payment that was charged to your Payment Method, we will return the amount of the incorrect payment to you. However, in certain situations, we may have funded the incorrect payment from our own account. In that case, if the incorrect payment caused a credit to your account with the Merchant and we are unable to recover the incorrect payment from the Merchant, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Merchant to receive a refund of the credit or have it applied against future balances. Under these circumstances, you are responsible to reimburse us for any funds we have paid to a Merchant on your behalf.
At its sole discretion, Plastiq may place temporary holds on payments to verify the identity of the User, Merchant, or funds. Plastiq has the right to request more information regarding a payment before a hold is released. In addition to temporary holds, Plastiq reserves the right to deny or reverse payments at its own discretion, independent of availability of credit from financial institutions. You relieve Plastiq of any liability you may incur, including but not limited to late fees, penalties, or interest, due to payments that are temporarily held, denied, or reversed.
Contact us as soon as possible at 1-844-PLASTIQ if you think that a payment shown on the statement for your Payment Method is in error or if you need more information about a payment shown on your statement.
If you think your statement is incorrect or you need more information about a Services transaction, we must hear from you no later than ninety (90) days after the payment submission date. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Payment Method. To contact us about errors or questions or transactions telephone us at 1-844-PLASTIQ or email us at firstname.lastname@example.org.
When you write or call us, you must:
If you tell us orally, or by electronic mail through the Services, we may require that you send your complaint in writing within ten (10) Business Days. If written confirmation is not received within ten (10) business days, Plastiq will have no obligation or liability to make any corrections.
You understand and agree that payments made through Plastiq will incur a Fee. This Fee will be charged to your Payment Method in a separate transaction from the Principal payment, and the description for the Fee will read "Plastiq" on billing statements. The Fee may vary, depending upon factors including but not limited to the Merchant, the Payment Method, and promotions run by Plastiq. The Fee is subject to change at any time without prior notice and will be disclosed to you prior to payment submission. Merchants may subsidize or cover the Plastiq Fee for the User at the Merchant’s discretion. In addition to the Plastiq Fee, you are responsible for all, if any, applicable taxes.
Foreign Payments are defined as a payment made to a Merchant located in a different country than the Payment Method was issued is (e.g., a credit card issued in the United States paying a Merchant in Canada). Foreign Payments may be subject to higher Fees, further reviews, and longer funding timelines. It is at the sole discretion of Plastiq that any hold, review, or Fee increase may be imposed. Plastiq will notify you if it intends to hold, review, or increase Fees on a foreign payment.
If a Dispute arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the Dispute quickly. If you have a dispute wit Plastiq, you must send written notice to email@example.com in order to provide Plastiq with the opportunity to attempt in good faith to resolve the dispute with you through negotiation. If, after such time period, you and Plastiq are unable to resolve the dispute, you may pursue the resolution of your dispute through arbitration pursuant to the terms in Section 7.3.
Any dispute between you and a Merchant must be resolved by you and the Merchant. Plastiq does not have any responsibility for and cannot accept any liability for the actions of any Merchant and by using this Service, you agree to pursue all claims and disputes against a Merchant directly with the applicable Merchant.
For any Claim (excluding Claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the Dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
With respect to Services rendered in the United States, this Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts. With respect to Services rendered in Canada, this Agreement will be governed by, and construed in accordance with, the laws of the Province of Ontario. Each party hereby waives any right to jury trial in connection with any Dispute in any way arising out of or related to this Agreement.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and not in a class or representative action. Neither party to this Agreement will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
To the extent permitted by law, any claim or dispute relating to this Agreement must be filed within one year after the date when the claim or dispute first could be filed. Any claim or dispute that is not filed within that time is permanently barred. This section applies to each party and its respective successors and assigns.
All Claims you bring against Plastiq or in respect of the Services must be resolved in accordance with this Agreement. All Claims filed or brought contrary to this Agreement shall be considered improperly filed a breach of this Agreement. Should you file a Claim contrary to this Agreement, Plastiq may recover attorney fees and costs (including in-house attorneys and paralegals), provided that Plastiq has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
If you have a dispute with one or more Merchants or other third parties, you release Plastiq (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
If you charge back the principal amount sent to a Merchant, Plastiq will not refund the Plastiq Fee.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
IN NO EVENT SHALL PLASTIQ, OUR PARENT COMPANY, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "PLASTIQ PARTIES") BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL LIABILITY OF THE PLASTIQ PARTIES I(N AGGREGATE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED IN THE SIX (6) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION AROSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such case, the liability of the Plastiq Parties shall be limited to the greatest extent permitted under applicable law.
THE PLASTIQ PARTIES PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Plastiq does not have any control over the products or services that are paid for using the Services and Plastiq cannot ensure that a Merchant you are dealing with will actually complete the transaction or is authorized to do so. Plastiq does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Plastiq will make reasonable efforts to ensure that requests for electronic debits and credits involving credit cards are processed in a timely manner but Plastiq makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary depending on the jurisdiction in which you are resident.
You agree to defend, indemnify and hold the Plastiq Parties harmless from any Claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
Subject to Section 11.2 below, You may request the closure of your Account at any time by emailing Plastiq at firstname.lastname@example.org.
You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed.
Because the Services are provided electronically, you must consent to Plastiq providing important information electronically. Plastiq will issue the following information and disclosures electronically on this Website or via electronic mail ("email"):
To receive this information electronically, and access and retain any disclosures received, you will need a computer with Internet access, and the ability to receive and read email. Please note that some web browsers may not be supported.
By proceeding with use of the Services:
You can withdraw your consent to receive most electronic communications from Plastiq by emailing us at email@example.com or following the unsubscribe procedure contained in any electronic communication you receive from us. However, if you withdraw your consent, you will no longer be eligible to use certain of the Services. Withdrawing your consent will not affect the validity of pending or completed payments.
This Agreement together with any other Plastiq documents, policies and/or agreements referenced herein sets forth the entire understanding between you and Plastiq with respect to the Services. The following sections of this Agreement and all other terms which by their nature should survive, will survive the termination of this Agreement: Sections 1 (Definitions), 7 (Disputes), 8 (Limitation of Liability), 9 (Disclaimer of Warranties) 10 (Indemnification) and 13 (General). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
"plastiq.com", "Plastiq", and all logos related to Plastiq, are either trademarks or registered trademarks of Plastiq or its licensors. You may not copy, imitate or use them without Plastiq's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Plastiq. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Plastiq website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of Plastiq and its licensors.
In connection with your use of the Web Site and/or Services, you may elect to submit feedback, suggestions and/or other comments regarding the Web Site and/or the Services (collectively, the "Feedback"). Plastiq may, in its sole discretion, decide to incorporate some or all of this Feedback into the Web Site and/or the Services. You hereby grant Plastiq a worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify and create derivative works of all such Feedback. You further represent and warrant that you have all rights necessary to provide Plastiq the Feedback and that the use of the feedback by Plastiq will not violate, infringe otherwise misappropriate any third party rights.
The Web Site may contain links to third-party web sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
You may not transfer or assign any rights or obligations you have under this Agreement without Plastiq's prior written consent. Plastiq reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
You agree that Plastiq may provide notices to you by posting it on the Website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three (3) Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Plastiq as described in this Agreement (see Section 9). Plastiq reserves the right to close your Account if you withdraw your consent to receive electronic communications.
Unless otherwise stated in this User Agreement, notices to Plastiq must be emailed to Plastiq at firstname.lastname@example.org.
The Service is not responsible for the products and services offered by or on third-party sites. The Service cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. The Service cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
You may terminate your account at any time for any reason (see Section 8.1) and we also reserve the right to terminate this Agreement and provision of the Services at any time upon notice to you for any or no reason (e.g., we may elect to terminate this Agreement and cease providing the Services to you if you have breached a material provision of this Agreement). The termination of this Agreement shall not affect any fees or charges already due to us from you. Any payment(s) the Services have already processed before the requested termination date will be completed by the Services. All Scheduled Payments including recurring payments will not be processed once the Services are canceled. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
If you violate the Acceptable Use Policy then we may hold your funds and/or take legal action against you to recover additional losses we incur. The Service may initiate a transaction via your Default Payment Method to pay any such fines.
If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
If Plastiq fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.
By providing your email address to Plastiq you are granting Plastiq implied consent to send business related emails including transactional, marketing and product updates. You may opt out of receiving marketing messages at any time via the opt out link provided in each email. Implied consent only applies to members located in Canada. Per the Canadian Anti-Spam Law, the affirmative use of a check box by members located in Canada is not interpreted by the Company as explicit consent to receive e-mails beyond the two-year period permitted with implied consent. Owners of email addresses in the United States may opt into receiving marketing messages via the check box on the registration page or subscribing to our email list. Plastiq reserves the right to send all members that have provided an email address updates that are transactional in nature including, but not limited to payment receipts, password reset notifications and other account related information in accordance with applicable government regulations.