Check21 Gateway Terms of Service
(Effective as of January 1, 2019)
Welcome to the Check21 Gateway. We developed this platform to make it easier for you to accept checks from your customers so you can focus on your own product or service. We provide our customers access to a platform that enables them to receive payments directly from their customers, with real-time processing and payments, 24x7x365, from any shopper with a valid US checking account – whether they buy in person, online, or by phone. We are not a check processing company and in no way do we handle the transfer of funds. WE DO NOT GUARANTEE THAT ANY CHECK WILL CLEAR AND WE ARE NOT LIABLE OR ACCOUNTABLE FOR ANY BANK FEES.
The Terms of Service described hereto constitute a legal agreement (“Agreement”) between the legal entity listed as the “Merchant” on the Application page (sometimes referred to as “you,” “your,” and/or “user”) and the “Check21 Gateway” a service provided by BillPay Management, a Nevada corporation.
These Terms of Service govern your use of our ”Service.” As used in these Terms of Service, “Service” means the service provided by Check21 Gateway for processing your Check21 payments verifying certain information, including all features and functionalities of your Check21 Gateway, and your user interfaces, as well as all content and software associated with our service.
Section A: The Check21 Gateway Service
1. Acceptance of Terms of Service
2. Changes to Terms of Service
BillPay Management may, from time to time change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing customers, such revisions shall, unless otherwise stated, be effective 30 days after posting.
4. Use of Service
• Unauthorized Account Activities. By using our service, Merchant is completely and solely responsible for any and all activities which occur under Merchant’s account whether authorized or unauthorized. Merchant agrees to notify Check21Gateway immediately of any unauthorized use of Merchant’s account or any other breach of security known or should be known by Merchant.
• Fraudulent Check Requests. By using our service, Merchant agrees that any and all financial institution information, account number and routing number are true and correct. In no event shall BillPay Management be criminally or civilly liable for any fraudulent checks whatsoever.
• Non-sufficient Funds. By using our service, Merchant is completely and solely responsible for any and all financial institution accounts information that is provided to the Check21 Gateway to perform Merchant’s requested service to have sufficient funds to cover the check that has been generated by Check21 Gateway. In no event shall Check21 Gateway be liable for any NSF fees or any other administrative or punitive fees incurred by any financial institution where a check(s) that has been delivered to Merchant or to Merchant’s financial institution and has been returned due to non-sufficient funds.
5. Use of the Dwolla Platform
6. Restricted Use
As a condition of Merchant’s use of BillPay Management services, Merchant agrees not to provide any information that is unlawful, illegal, harmful, threatening, abusive, harassing, degrading, defamatory, libelous, infringing, discriminatory, prejudice, invasive and/or exploitive to any other persons or entities in any way. Merchant agrees not to obtain or attempt to obtain any materials and/or information through and by any means non-intentionally made available, disclosed or provided through BillPay Management services. Merchant agrees to use Check21 Gateway’s services for its sole intended purposes. In no event shall Merchant use BillPay Management services in a manner that will violate any local, state, federal or international law, rules and regulations in regards to unauthorized disclosure of any 3rd party personal private information, such as name, address, SSN, DOB or financial information, etc. In the event Merchant violates this provision, Merchant shall protect, defend, indemnify and hold harmless, BillPay Management from and against any and all loss, damage, injury, liability, judgments and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from Merchant’s violation of this provision. In addition, Merchant shall not resell or make any commercial use of the Service without the express written consent of BillPay Management.
7. Fraud Controls
8. Passwords & Account Access
You agree not to give or make available your password or other means to access your account You are responsible for any and all transactions on or under your account, and for all uses of the Service with your password. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission you must notify us at once at 702-583-2777.
9. Copyright Complaints and Copyright Agent
Termination of Repeat Infringer Accounts. BillPay Management respects the intellectual property rights of others and requests that the users do the same. BillPay Management has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are infringers. BillPay Management may terminate access for participants or users who are found to provide or post protected third-party content without necessary rights and permissions.
10. Commercially Reasonable Effort and No Guarantee
Due to circumstances beyond our control, particularly delays in handling and posting Bill Payments by the Payee or financial institutions, some Bill Payment transactions may take longer to be credited to your account. We will bear no responsibility for any late payment related charges due to the actions of others or that are outside of our direct or indirect control. You agree that this website is being offered as a service only. You acknowledge and agree that we will take commercially reasonable steps to ensure the validity of each check you enter into/through our website. We do not guarantee funds and if funds are not available when processed through your financial institution it is your sole responsibility to collect said funds. In addition, we do not guarantee that once funds have been verified that the status of your client’s bank/financing account will not change prior to the withdrawal or depositing of funds. We do not process ACH transactions. By accepting this Agreement, you acknowledge and agree that all checks are processed directly to your client’s banking/financing institution by demand drafts, or sent to the address you provided for your customer, as directed by you.
11. Disclosures and Notices
You agree that BillPay Management can provide disclosures and notices regarding the Service to you by posting such disclosures and notice to our website, emailing them to the email address listed in your Check21 Gateway Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Section B: Activation Fees, Montly Fees, Discount Fees, & Transaction Fees
1. Activation Fee
To activate a Check21 Gateway merchant must pay a one-time Activation Fee in the amount of forty-nine dollars and ninty-five cents ($49.95). The one-time Activation Fee includes twenty dollars ($20.00) of prepaid Discount Fees.
2. Monthly Fees
Your Check21 Gateway membership is offered to all merchants with ZERO Monthly Fees.
3. Discount Fees
Processing Check21 payments are based on a flate rate Discount Fees of 1.95% to all Check21 merchants. Discount Fees are not deducted from the Check21 payments which are sent directly to the merchants via email, but are chanrges speratly to the merchant’s CashBox.
4. Transaction Fees
No Transaction Fees will be chanrged to the Check21 merchants processing under this agreement.
Section C: License, Termination, and Other General Legal Terms
1. License to Use the Service & Trademarks
BillPay Management grants you a personal, limited, revocable, non-exclusive, non-transferrable license, without the right to sublicense, to electronically access your Check21 Gateway Service solely to process and print Check21 payments in a manner consistent with this Agreement and any other relevant documentation provided to you. The Service includes your Check21 Gateway, our website, software, documentation, tools, Internet based services, components, images, and any updates thereto provided to you on your Check21 Gateway. We may terminate this license at any time.
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own all interest, title, and other worldwide IP Rights (as defined below) in the Service and all copies of the Service. All content included or available on Check21 Gateway’s website, including site design, text, graphics, illustrations, interfaces, and the selection and arrangements thereof is the property of BillPay Management, with all rights reserved with respect to copyrights and trademarks. Any use of materials on Check21 Gateway’s website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission and consent from BillPay Management is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy Check21 Gateway’s web pages or the content contained therein without prior written permission and consent from BillPay Management.
For the purposes of this Agreement, “IP Rights” means all patent rights; copyright, including rights in derivative works; trademark, trade dress and service mark rights; goodwill; trade secret rights; and other intellectual property rights that now exist or may hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
The Agreement is effective upon the date you agree to it (by electronically indicating acceptance and/or by actually using the Service) and continues so long as you use the Service or until terminated by you (as permitted herein) or BillPay Management.
You may terminate this Agreement by closing your Check21 Gateway Account at any time by following the instructions on our website which is also detailed. We may terminate this Agreement and close your Check21 Gateway Account at any time and for any reason.
5. Effects of Termination
Upon termination, we will immediately discontinue your access to the Service. You will not be refunded or credited for partially used credits if your access to or use of the Service is terminated or suspended. Termination does not relieve you of your obligations as defined in this Agreement.
Upon termination you agree to (i) immediately cease your use of the Service, (ii) discontinue use of any Check21 Gateway or other trademarks licensed under this Agreement, and (iii) immediately remove any Check21 Gateway references and logos from your website. In addition, upon termination, you understand and agree that (iv) the license granted under this Agreement shall end, (v) we reserve the right to delete all of your information and account data, (vi) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account date, and (vii) you are liable to us for any fees or other amounts incurred by you through your use of the Service prior to termination.
6. Your Liability
You are responsible for all claims, demands, fines, fees, penalties and other liability arising out of or relating to your use of the Service and your breach of this Agreement. You are responsible for any fraud and lost or stolen information caused by you or by your customers.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless BillPay Management and its respective employees, affiliates, members, representatives and agents (collectively “Disclaiming Entities”) without limitation from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of our relating to (i) your breach of any provision of this Agreement; (ii) your use of the Service; (iii) all acts or omissions, including negligence or willful misconduct, of your employees or agents; and (iv) all third-party indemnity obligations we incur as a direct or indirect result of your acts or omissions.
7. Representation and Warranties
You represent and warrant to us that: (a) you are at least 18 years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you sell products and services. Furthermore, you warrants and represents that any and all information provided or disclosed to Check21 Gateway is accurate and current, and that you have the full legal power, authority and capacity to provide or disclose such information to Check21 Gateway. In no event shall Check21 Gateway assume any liability of any kind in connection to or arising out of any misrepresentation, misleading, deceptive or false information provided or disclosed by you. THE FOREGOING WARRANTIES IN THIS PARAGRAPH IS IN ADDITION TO ALL OTHER APPLICABLE WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. You agree to protect, defend, indemnify and hold harmless, BillPay Management from and against any and all loss, damage, injury, liability, judgments, violations and claims thereof arising out of, connected with, incident to, or otherwise directly or indirectly resulting from (i) any and all information that was inaccurate, misinterpreted, mishandled or loss by Check21 Gateway or by any financial institution, (ii) any inaccurate, unreliability or incompleteness of any service(s) provided by any financial institution and (iii) any inaccurate, incorrect, misleading, misrepresenting, deceptive or false information provided or disclosed by you. Any and all warranties herein shall survive the termination of this Agreement. Any and all information disclosed by you shall be subject to Check21 Gateway’s Privacy Agreement.
8. Third-Party Liability
In delivering Check21 Gateway’s services to Merchant, Check21 Gateway may send printed check(s) to financial institutions for cashing at Merchant’s request. These financial institutions are third parties and are independently owned and operated. BillPay Management is not affiliated or employed with such third parties whatsoever. In no event shall BillPay Management be liable or held responsible under the use of any of Check21 Gateway’s services for any acts or omissions caused by any third party for any consequential, special, indirect or other damages, whether based in contract, tort or otherwise, even if BillPay Management has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
9. No Warranties
All of the information and material provided with respect to Check21 Gateway’s services are provided are on an “as-is” and “as available” basis. To the fullest extent permitted by applicable law, in no event does Check21 Gateway represent, warrant or guarantee of any kind, that Check21 Gateway’s service will be free from any delay, failure, interruption, corruption or otherwise from any financial institution or delivery carrier. THE FOREGOING IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BILLPAY MANAGEMENT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES IN CONNECTION WITH RELIANCE ON, USE OR MISUE OF INFORMATION CONNECTION WITH THE USE OF OUR SERVICES OR FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE OR DATA, ARISING OUT OF OR RELATED TO CHECK21 GATEWAY WEB SITE OR THE USE OF BILLPAY MAMAGEMENT SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BILLPAY MAMAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary, if BillPay Management is found to be liable, its liability to you or to any third party is limited to the lesser of (a) the amount of fees in dispute not to exceed the total fees, which you paid to BillPay Management in the 3 months prior to the action giving rise to the liability, or (b) $100. The Service is controlled and operated from facilities in the United States. BillPay Management makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations.
11. Forum/Choice of Law
Check21 Gateway’s website and Check21 Gateway services are operated and provided in the State of Nevada. As such, Check21 Gateway is subject to the laws of the State Nevada, and as such these terms and conditions are made under and shall be govern, construed and interpreted according to the laws of the Nevada, without regard to its conflict of law principles. BillPay Management makes no representation that its website or its services are appropriate, legal or available for use in other locations. Accordingly, if Merchant chooses to access or use the Services Merchant agrees to do so subject to the internal laws of the State of Nevada. In the event that these terms and conditions are breached, any and all disputes must be settled through binding arbitration.
In the event of dispute between the parties herein, each party agrees to settle their dispute in binding arbitration. Arbitration shall be pursuant to and governed by the rules of the American Arbitration Association. An Arbitrator shall be mutually selected between the parties herein. The Arbitrator shall have the authority to award costs to whichever party he/she deems appropriate. Costs for arbitration may be equally split between the parties herein. If in the event the Arbitration does not resolve the parties disputes herein, any parties reserves the right to seek legal or injunctive relief in any Federal or State court in the State of Nevada.
13. Right to Amend
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 Service or software that we in our sole discretion deem to be reasonable in the circumstances, such as the Services and/or our website or any other website maintained or owned by us. Any use of the Service or software after our publication of any such charges shall constitute your acceptance of this Agreement as modified.
This Agreement, any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger or acquisition) or any permitted assigns.
If any of the provisions herein are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the terms and conditions as a whole.
17. Entire Agreement
This Agreement and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and BillPay Management with respect to the provision of the Service. In the event of a conflict between this Agreement and any other BillPay Management agreement or policy relating to the subject matter herein, this Agreement shall prevail. Except as expressly provided herein, these terms and conditions describe the entire liability of Check21 Gateway and define your access and use of the Service. If any provision of this Agreement (or any portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue to be in full force and effect.
18. Email May Not Be Used to Provide Notice
Communications made through the Service’s e-mail and messaging system will not constitute legal notice to BillPay Management or any of its officers, employees, agents or representatives in any situation where notice to BillPay Management is required by contract or any law or regulation. All legal notices to BillPay Management and Check21 Gateway shall be sent in writing to the following address: BillPay Management at 4750 South Eastern Avenue, Suite 26-221, Las Vegas, Nevada 89119.
19. User Consent to Receive Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from BillPay Management and Check21 Gateway in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that BillPay Management provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about Check21 Gateway and special offers. You may opt out of such email by changing your account settings. Opting out may prevent you from receiving messages regarding Check21 Gateway or special offers.