Terms & Conditions

The Terms of Service constitute a legal agreement (“Agreement”) between the sole proprietor or business organization listed as the “Merchant” on the Application page (sometimes referred to as “you”, “your”, and/or “user”) and A2ZeCheckProcessing.com (“A2ZeCheckProcessing” or “PROVIDER”) a trade name of Condel Holdings Inc, a California Corporation. By using this service, you accept and agree to these Terms and conditions. If you do not agree to these Terms of Service, do not use the A2ZeCheckProcessing service. By electing to use our service you hereby agree to the Terms herein.

These Terms of Service govern your use of our service. As used in these Terms, we offer two distinct services, 1) payment acceptance software and 2) a check depositing service. “A2ZeCheckProcessing service,” “our service” or “the service” means the service provided by A2ZeCheckProcessing whereby our software/portal/gateway is utilized by the Merchant to create eChecks or Remotely Created Checks or Demand Drafts per Merchant’s electronic request through our approved software/portal/gateway. Then, upon request from the Merchant, A2ZeCheckProcessing or its designated partners mayfacilitate those corresponding check images, 1) physically or 2) electronically to the Merchant or to the Merchant’s designated bank account for processing. We are not a check processing entity and in no way do we handle any transfer of funds. We are not an ACH Processor nor do we utilize the ACH Networks. WE DO NOT GUARANTEE ANY CHECK WILL CLEAR AND WILL NOT BE HELD ACCOUNTABLE FOR ANY ASSOCIATED BANK FEES. You acknowledge that you have been advised that we are not a bank nor a financial institution nor a third-party payment processor.

A2ZeCheckProcessing 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 notification.



PRIVACY

All Personal information is subject to our Privacy Policy, the terms of which are incorporated herein. You acknowledge that you have received, read in full, and agree with the terms of our Privacy, linked to and incorporated into this Agreement by reference, www.A2ZeCheckProcessing.com/privacy.php.



ACCEPTANCE

A2ZeCheckProcessing at its sole discretion will determine who qualifies for our service through our own defined Underwriting Guidelines. Merchant authorizes A2ZeCheckProcessing through third-party credit reporting agencies or agents of A2ZeCheckProcessing, to make whatever inquiries that is deemed appropriate to investigate, verify and research references, statements, and/or toevaluate credit worthiness to determine Acceptance of service.

Personal Guarantee: To induce and in consideration of A2ZeCheckProcessing acceptance of this Agreement, the signer of the Application (herein referred to as “Guarantor”) unconditionally, personally, individually, jointly and severally guarantees performance of the Merchant’s obligations under this Agreement and payment of all sums due thereunder and hereby continues to be personally liable for all fees.



USE OF DEPOSIT SERVICE

Merchant understands and agrees that Provider Software creates a Remotely Created Check governed by the Uniform Commercial Code. Some merchants may request scanned copies of said images for their own mobile deposit service. Some Merchants mayrequest A2ZeCheckProcessing to facilitate the deposit of check imagesinto Merchant’s designated bank account. Requests for eChecks or demand drafts or remotely created checks to be deposited into merchant’s own bank account shall be by physical courier or electronic deposit via remote deposit capture or by mail/overnight service.



ADEQUACY OF SECURITY AND VERIFICATION PROCEDURES

Merchant acknowledges that the security and verification services will not detect errors in the transmission or content of the eCheck or demand draft or remotely created check and Merchant agrees that it shall be solely responsible for the discovery and identification of any error and to advise A2ZeCheckProcessing of such errors as prescribed herein. Merchant agrees that the security and verification procedures are commercially reasonable, and that Merchant shall be bound by any eCheck or demand draft or remotely created check instruction issued in Merchant’s name and accepted by A2ZeCheckProcessing in compliance with the security and verification.



UNAUTHORIZED ACCOUNT ACTIVITY

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 A2ZeCheckProcessing immediately of any unauthorized use of Merchant’s account or any other breach of security known or should be known by Merchant.



FRAUDULENT CHECKS

By using our service, Merchant agrees that any, and all financial institution information, account numbers and routing numbers are true and correct to the best of their ability. Merchant agrees that the security and verification procedures implemented by PROVIDER are commercially reasonable but still may not detect, nor is obligated to detect fraudulent checks. In no event shall A2ZeCheckProcessing be criminally or civilly liable for any fraudulent checks whatsoever.



RETURNED ITEMS

By using our service, Merchant is completely and solely responsible for any, and all financial institution account information that is provided to A2ZeCheckProcessing to perform Merchant’s requested service. Payer must have sufficient funds to cover the check that has been generated by A2ZeCheckProcessing’s software and service, otherwise the item will be returned NSF (Non-Sufficient Funds) by the Payer’s Bank. In addition, some Financial Institutions such as local Savings and Loans or certain Credit Unions may choose to NOT honor Remotely Created Checks/Demand Drafts. Often, these items are returned, Refer to Maker. And of course, any payer can put a Stop Payment on any check, whether paper or electronic. In no event shall A2ZeCheckProcessing 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, Stop Payment, Closed Account, Refer to Maker or any other reason. Our software cannot verify funds on any check nor are we in any way obligated to verify funds prior to acceptance of transaction or after the deposit of the check.



PROCEDURES

All eCheck or demand draft or remotely created check transaction attempts will conform to A2ZeCheckProcessing’s procedures, which may be amended from time to time in its sole discretion. Such procedures include the method for submitting an eCheck or demand draft or remotely created check requests and cut-off times for all deposits at the respective financial institutions. Merchant understands that the account/routing/transit number assigned to companies and to the accounts for drafting is critical to the check function. Merchant acknowledges and agrees that A2ZeCheckProcessing will rely solely upon the information Merchant provided in the eCheck/demand draft/remotely created check request to be used in executing such drafts.

A2ZeCheckProcessing shall not be required to honor eCheck/demand draft/remotely created check requests, unless Merchant’s account is or arranges to be in good standing, and current.

Because of circumstances beyond its control, if A2ZeCheckProcessing is delayed beyond reasonable time limits in acting upon an eCheck/demand draft/remotely created check request, the time for acting shall be extended for the time necessary to complete the action, if Provider exercises such diligence, as the circumstances require.

Merchant agrees that PROVIDER shall not be responsible and will have no liability for any loss resulting from any delay in handling or consummation of any eCheck/demand draft/remotely created check request, or for A2ZeCheckProcessing’s inability for any reason to carry out a requested amendment or cancellation of any eCheck/demand draft/remotely created check request. PROVIDER will not be responsible to recover funds that PROVIDER has already drafted in accordance with an eCheck/demand draft/remotely created check request, nor will PROVIDER be obligated to recover or reimburse any funds that were drafted erroneously at the request of Merchant, or before PROVIDER received and had time to act upon a request to amend or cancel the request.



RESTRICTED USE

It is our corporate policy not to knowingly provide Services to any person or organization whose use of the Services involves or pertains to any activity which is illegal under U.S. law or involves an activity or business with which we decline to accept and conduct business generally ("Excluded Activities"). These Excluded Activities or Products sold by merchant include but are not limited to the following; Explicit Pornography, services sold via Outbound Telemarketing where no pre-existing relationship exists, Controlled Substances, Drugs/Banned Nutraceuticals, Prostitution/Human Trafficking, Ponzi/Pyramid Schemes, fronts for Money Laundering, Stolen/Replica/Knock-Off items, Get Rich Quick Schemes designed to defraud customers, unregistered Gun Merchants, Charities without proper state/federal status.

We may publish from time to time a more detailed and comprehensive list of businesses and activities which we include within the scope of Excluded Activities. We reserve the right to reject any proposed Merchant account which we deem, in our sole discretion, could use our Services in conjunction with any illegal or fraudulent activity. If we discover after accepting a Merchant account that the Merchant is utilizing our Services in conjunction with an Excluded Activity, we may immediately terminate or suspend the account without notice, without liability to us or our Resellers.

Merchant agrees that there is expressed confirmation from the customer that the eCheck/demand draft/remotely created check order was approved and authorized by Merchant’s customer. Furthermore, Merchant warrants that all representations made by Merchant to the Merchant’s customers are truthful and no attempt is made to sell a product or service to anyone who may not understand what they are agreeing to. Merchant agrees to comply with all other laws pertaining to the type of plan, product, and/or service being sold.

As a condition of Merchant’s use of A2ZeCheckProcessing’ 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 A2ZeCheckProcessing’ services. Merchant agrees to use A2ZeCheckProcessing’s services for its sole intended purposes. In no event shall Merchant use A2ZeCheckProcessing services in a manner that will violate any local, state, federal or international law, rules and regulations with regards to unauthorized disclosure of any 3rd party personal private information, such as name, address, Social Security Number, Date of Birth or financial information, etc. In the event Merchant violates this provision, Merchant shall protect, defend, indemnify and hold harmless, A2ZeCheckProcessing 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 A2ZeCheckProcessing.

Telemarketing Merchants - Merchant agrees and acknowledges that Merchant will not use A2ZeCheckProcessing’s services in conjunction with any telemarketing businesses (or the like) in which the primary function of the business is outbound sales calls. Unacceptable businesses for this program include cold-calling, “boiler rooms”, mail order marketing, credit repair and/or credit establishment opportunities, vacation and/or benefit packages, investment opportunity operations in which there is no pre-existing relationship between the merchant and the customer and whereby merchant is engaging primarily in outbound call and/or outbound mail activity to initiate a check by phone/eCheck/demand draft or remotely created check transaction. If merchant violates this agreement by participating in such business practices, provider shall immediately hold all merchant’s open transactions, cancel this agreement and take other legal action as deemed necessary by provider’s legal counsel, the federal trade commission, the United States Postmaster General, and/or any other governing bodies. Upon request, Merchant will provide a Legal Letter of Opinion from Merchant’s attorney that Merchant has a pre-existing relationship with its’ customers for which it will use A2ZeCheckProcessing’s services or that the Merchant’s operation is legally formed and procedurally following all known Laws.

Upon request, Merchant shall provide a copy of their customer agreement or our own Authorization Form showing that the customer explicitly allows eCheck/demand draft/remotely created check as an acceptable and approved form of payment.



SECURITY AND FRAUD CONTROLS

A2ZeCheckProcessing is responsible for protecting the security of Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers or the servers of our Authorized Third-Party Vendors from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk. We recommend that you review our Privacy Policy which will help you understand how we collect, use and safeguard the information you provide to us.



ACCOUNT ACCESS AND PASSWORDS

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. If you permit Authorized Users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize or process. If you believe that your password or other means to access your account has been lost or stolen or that someone may have attempted to use the Service without your consent you must notify us at once at 855-847-0500 or notify us at support@a2zA2ZeCheckProcessing.com.



COMMERCIALLY REASONABLE EFFORT

Due to circumstances beyond our control, particularly delays in handling and posting payments by the Payee or financial institutions, some 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 control. You acknowledge and agree that we will take commercially reasonable steps to ensure the validity of each check you enter into/through our portal/software/gateway. 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 guaranty 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.



DISCLOSURES AND NOTICES

You agree that A2ZeCheckProcessing can provide disclosures and notices regarding the Service to you by emailing them to the email address listed in your A2ZeCheckProcessing 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 received by you within 24 hours of the time it is emailed to you unless we receive notice that the email was not delivered.



CANCELLATION

You may cancel your A2ZeCheckProcessing service at any time. There are no refunds for partial month service or for unused prepaid service. To cancel, send an email to support@A2ZeCheckProcessing.com indicating your desire to cancel. There are no Cancellation Fees unless otherwise stipulated but Annual Security Fees will be due upon Cancellation.



TERMINATION

A2ZeCheckProcessing reserves the right to cancel services along with access to the software/portal/gateway at our sole discretion based on changes in the merchants risk profile including but not limited to; Changes in company legal status, changes in company’s or persons ability to pay future fees, customer complaints, excessive bank changes, ongoing legal investigations, excessive Risk and/or Credit Holds, any illegal activity, any industry rule violations or fines incurred by banks or regulatory agencies. 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. All remaining fees including Annual Fees are due and payable immediately. 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 A2ZeCheckProcessing or other trademarks licensed under this Agreement, and (iii) immediately remove any A2ZeCheckProcessing 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.



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 A2ZeCheckProcessing and its respective employees, affiliates, members, representatives and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to (i) your breach of any provision of this Agreement; (ii) your use of the Service; (iii) negligence or willful misconduct of you or your employees or agents; and (iv) all third-party indemnity obligations we incur as a direct or indirect result of your acts or omissions.



REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that: (a) if you are a natural person, you are at least 18 years of age; (b) you are eligible to Apply 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, Merchant warrants and represents that any, and all information provided or disclosed to A2ZeCheckProcessing, is accurate and current. Furthermore, Merchant warrants and represents he/she has the full legal power, authority and capacity to provide or disclose such information to A2ZeCheckProcessing. In no event shall A2ZeCheckProcessing assume any liability of any kind in connection to or arising out of any misrepresentation, misleading, deceptive or false information provided or disclosed by Merchant. 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. Merchant agrees to protect, defend, indemnify and hold harmless, A2ZeCheckProcessing 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 A2ZeCheckProcessing 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 Merchant. Any, and all warranties herein shall survive the termination of this Agreement. All information disclosed by Merchant shall be subject to A2ZeCheckProcessing’s Privacy Agreement.



NO WARRANTIES

All the information and material provided with respect to A2ZeCheckProcessing’s services are provided on an “As-Is” and “As Available” basis. To the fullest extent permitted by applicable law, in no event does A2ZeCheckProcessing represent, warrant or guarantee of any kind, that A2ZeCheckProcessing’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.



CHOICE OF LAW

A2ZeCheckProcessing’s website and A2ZeCheckProcessing services are operated and provided in the State of California. As such, A2ZeCheckProcessing is subject to the laws of the State of California, and as such these terms and conditions are made under and shall be govern, construed and interpreted according to the laws of California, without regard to its conflict of law principles. A2ZeCheckProcessing makes no representation that its website or its services are appropriate, legal or available for use in other locations. In the event these terms and conditions are breached, all disputes must be settled through binding arbitration.



ARBITRATION

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 on our website or any other websites maintained or owned by us. Any use of the Service or software/portal/gateway after our publication of any such charges shall constitute your acceptance of this Agreement as modified.



ASSIGNMENT

his 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.



PARTIES

This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger or acquisition) or any permitted assigns.



SEVERABILITY

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.



ENTIRE AGREEMENT

This Agreement and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and A2ZeCheckProcessing with respect to the provision of the Service. In the event of a conflict between this Agreement and any other A2ZeCheckProcessing 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 A2ZeCheckProcessing 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.