Common use of Payment Processors Clause in Contracts

Payment Processors. 13.1. Simpro uses a third-party payment processor (“Payment Processor”) to charge you through an online account for use of the Services. The processing of payments will be subject to the terms, conditions and policies agreed between you and the Payment Processor as well as the terms of this Agreement. 13.2. You agree to pay Simpro, through the Payment Processor, all fees and charges owed to Simpro associated with the Services. You authorise Simpro, through the Payment Processor, to charge the fees and charges (including any recurring fees and charges) to your chosen payment method (“Payment Method”). 13.3. If your allocated Payment Method is rejected or is declined for insufficient funds you agree that Simpro may pass on the costs of any charges or fees levied by your Payment Method in your next payment to Simpro. 13.4. ONCE AUTHORISED BY YOU, SIMPRO MAY SUBMIT PERIODIC CHARGES WITHOUT YOUR FURTHER AUTHORISATION, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY SIMPRO) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SIMPRO REASONABLY COULD ACT. 13.5. Other than taxes imposed on Simpro relating to its income, receipts and employment-related taxes, you will bear responsibility for all applicable taxes, duties, and other governmental charges, including sales or value-added tax, use and withholding taxes (collectively, “Taxes”) resulting from the Services. You will pay the Taxes as are necessary to ensure that the net amounts received by Simpro after all Taxes are paid are equal to the amounts that Simpro would have been entitled to in accordance with this Agreement as if the Taxes did not exist. 13.6. If you believe that any specific charge under this Agreement is incorrect, you must contact Simpro in writing within thirty (30) days of invoice date setting forth the nature and amount of the requested correction; otherwise invoices are deemed final. 13.7. Your account will be considered delinquent (in arrears) if payment in full is not successful when a charge is initiated. In addition to other applicable remedies, Simpro reserves the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails, and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable legal/attorneys’ fees and court costs. 13.8. You agree that Simpro may change third-party processors from time to time with reasonable notice to you of the same. 13.9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT TO THE EXTENT CAUSED BY SIMPRO’S NEGLIGENCE, RECKLESSNESS OR WILFUL MISCONDUCT, SIMPRO DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE ACTS AND OMISSIONS OF THE PAYMENT PROCESSOR.

Payment Processors. 13.1. Simpro uses a third-party payment processor (“Payment Processor”) to charge you through an online account for use of the Services. The processing of payments will be subject to the terms, terms and conditions and policies agreed governing the debit arrangements between you and the Payment Processor Simpro as well as the terms of this set out in your Direct Debit Request and in your Direct Debit Request Service Agreement. 13.2. You agree to pay Simpro, through the Payment Processor, all fees and charges owed to Simpro associated with the Services. You authorise Simpro, through the Payment Processor, to charge the fees and charges (including any recurring fees and charges) to your chosen payment method (“Payment Method”). 13.3. If your allocated Payment Method is rejected or is declined for insufficient funds you agree that Simpro may pass on the costs of any charges or fees levied by your Payment Method in your next payment to Simpro. 13.4. ONCE AUTHORISED BY YOU, SIMPRO MAY SUBMIT PERIODIC CHARGES WITHOUT YOUR FURTHER AUTHORISATION, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY SIMPRO) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SIMPRO REASONABLY COULD ACT. 13.5. Other than taxes imposed on Simpro relating to its income, receipts and employment-related taxes, you will bear responsibility for all applicable taxes, duties, and other governmental charges, including sales or value-added tax, use and withholding taxes (collectively, “Taxes”) resulting from the Services. You will pay the Taxes as are necessary to ensure that the net amounts received by Simpro after all Taxes are paid are equal to the amounts that Simpro would have been entitled to in accordance with this Agreement as if the Taxes did not exist. 13.6. If you believe that any specific charge under this Agreement is incorrect, you must contact Simpro in writing within thirty (30) days of invoice date setting forth the nature and amount of the requested correction; otherwise invoices are deemed final. 13.7. Your account will be considered delinquent (in arrears) if payment in full is not successful when a charge is initiated. In addition to other applicable remedies, Simpro reserves the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails, and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable legal/attorneys’ fees and court costs. 13.8. You agree that Simpro may change third-party processors from time to time with reasonable notice to you of the same. 13.9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT TO THE EXTENT CAUSED BY SIMPRO’S NEGLIGENCE, RECKLESSNESS OR WILFUL MISCONDUCT, SIMPRO DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE ACTS AND OMISSIONS OF THE PAYMENT PROCESSORSimpro disclaims all liability in connection with the acts and omissions of any third-party payment processor to which you may integrate with the Services as Third Party Software (“Your Payment Processor”). Your relationship with Your Payment Processor will be governed by the contractual relationship between you and the relevant third party vendor.