Updated: January 14, 2020
Corpay One, Inc. Terms of Service - United States
Please read this Service User Agreement (“Terms” or “Agreement”) carefully before using the Service (defined below). By accessing and/or using the Services, you agree to these Terms. PLEASE DO NOT USE THE SERVICE IF YOU DO NOT AGREE WITH THESE TERMS.
In these Terms, Corpay One, Inc. may be referred to as “Corpay One", "Corpay One", "we”, “us” or “our”. These Terms constitute a contractual agreement between you (“you” or “your”) and us regarding your use of the services covered by these Terms.
"Service" refers to Corpay One's bill payment/payment processing services. Services include our website, and other Internet enabled or wireless means by which we provide content or receive content from you, including without limitation, downloadable or preloaded software, programs, documentation, tools, components, and any updates (including, without limitation, software maintenance, service information, help content, text/SMS messaging, email messaging, alerts, bug fixes or maintenance releases) provided to you by Corpay One, directly or indirectly. You should keep a copy of these Terms for your records.
To use the Service, you must agree to all the terms stated in this Agreement. By using the information, tools, features, software and functionality including content, updates and new releases provided by Corpay One, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Corpay One website), or a "Customer" (which means that you have registered for an account with us to use any one of our Services.) The terms "you" and "User" refer to a Visitor, Member or Customer. If you wish to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
Corpay One offers the Service through Corpay One's website, mobile applications and integrations with third-party websites and mobile applications ("Platform", "Platforms", "Platform Partners"). The Platform's terms of Service and privacy policy apply to your use of the Platform, while this Agreement and Corpay One's Privacy Policy apply to your use of the Service.This Agreement incorporates by reference all policies, notices, and other content that appear on our website at www.Corpay One and/or any other website(s) that we inform you of (the "Website").
Changes To The Terms Of Use And/Or Services
Please note that we may update and amend these Terms from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
Relationship with Corpay One
Corpay One allows individuals and businesses to register with Corpay One. You must be eighteen (18) years of age or older to use the Service. You may open an Account for a business only if it is legitimate and you have the authority to enter into this Agreement on its behalf. Your acceptance of this Agreement constitutes acceptance by the business. Each Account must be linked to at least one verified U.S. bank account.To register with Corpay One you need to provide information, including email address and a self-selected password, in order to create an account ("Account"). You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken under them.To register a business, you may have to provide additional information such as street address, telephone number, tax identification number (or social security number), date of birth and other identifying information for at least one of the business’ principal. You agree to provide supplemental documentation upon request (including but not limited to: articles of incorporation, passports, driver's license or a business license).You authorize Corpay One, either directly or through third parties, to make inquiries or verify that this information is accurate (e.g. through social media or third party databases). You specifically authorize Corpay One to request a consumer report that contains your name and address.You must provide accurate and complete information. If we cannot verify that the information provided is complete and accurate, we may deny your use of our Service or close your Account.
Bill Payment Service
Corpay One provides a Bill Payment Service that allows you, as an individual or a business, to make payments to creditors/payees. You agree that you will only use the Service to send bill payments on your own behalf, or on behalf of the business. You will not use the Bill Payment Service as an agent, guardian, conservator or guarantor for any other person or entity.
In order to use the Bill Payment Service, you need to upload to Corpay One the bill you wish to pay, so that all the relevant information such as account number, due date, routing information, etc. is visible. By using the Bill Payment Service, you expressly authorize Corpay One to act on your behalf and as your agent, solely for the purpose of providing the Bill Payment Service to you.By initiating a payment through the Bill Payment Service, you authorize Corpay One to initiate a payment (write a cheque) on your behalf from the account that you have designated as the account from which the bill payments should be charged or withdrawn from (the "Funding Account").
You agree to maintain and ensure that the balance/available credit limit in the specified Funding Account, is sufficient to cover all payments that you initiate. If the Funding Account has insufficient funds for the initiated bill payment, Corpay One will be unable to facilitate the payment to the Payee. You represent and warrant that you have the right to authorize Corpay One to initiate a charge from the designated Funding Account for payments that you initiate using the Bill Payment Service. You shall indemnify and hold Corpay One harmless from any claims by any third party, including any other owner of the account related to Corpay One's access to the Funding Account.You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email/physical address or telephone number of the recipient (the "Payee"), and the amount of the transaction.You represent and warrant that Corpay One may send communication to the Payee on your behalf in connection with the Bill Payment Service.
Limits On Payees, Payment Amounts And Methods
You acknowledge that certain Payees may not accept payment from all types of funding sources and that we may otherwise limit the payment methods available for a particular Payee. Additionally, Corpay One may, at its discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Bill Payment Service. Corpay One reserves the right to, and may refuse to permit payment to any Payee, if we reasonably believe such refusal is necessary or advisable for legal or security reasons. If you fail to maintain a balance in the applicable Funding Account to fund any initiated payment, Corpay One may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate.
Corpay One reserves the right to select the method to remit funds on your behalf, and the method to return funds to you in the event your Funding Account is closed or otherwise unavailable to us. The payment methods through the Bill Payment Service may include but not limited to electronic or paper cheque payments. The Bill Payment Service does not support payment to all types of billers, including certain government agencies and bills such as tax payments and court-ordered payments.
Rejected or Returned Payments
When you send a payment via the Bill Payment Service, the Payee is not required to accept it. You also understand that Payees, payment processors or the mail/package delivery service providers may return payments to the Bill Payment Service for various reasons. These reasons can include but not limited to expiry of the Payee's forwarding address, invalid Payee's account number, the Payee is unable to locate the account or your account with the Payee is paid in full. You agree that you will not hold Corpay One liable for any liabilities resulting from a Payee not receiving payment made through the Bill Payment Service for any reason.
We use reasonable efforts to research and correct the returned payment and deliver it to your Payee. Payments outstanding after a reasonable time based on the method of payment may be automatically voided by Corpay One and the payment amount credited back to your Funding Account. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payments to your Funding Account, or use other reasonable efforts to return such payment to you as permitted by law.Inability to Access Funds from Funding Account
In using the Bill Payment Service, you are requesting Corpay One to facilitate making payments from your Funding Account(s) to your Payee(s). If the Bill Payment Service is unable to access funds from your specified Funding Account to complete an initiated bill payment transaction for any reason (e.g.,insufficient funds, closed account, inability to locate account, or reversal by you and/or your bank), the transaction may not be completed.Corpay One is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including but not limited to finance charges, late fees or similar charges) that result from your failure and/or inability to maintain a balance or available credit in the Funding Account that is sufficient to fund all initiated payments.
Your Liability
You are solely liable for any errors you make when using the Bill Payment Service, including the following:Directing Corpay One to submit a payment to a Payee from the wrong Funding Account;Erroneously directing Corpay One to submit a payment to a Payee multiple times;Directing Corpay One to submit the wrong amount to a Payee;Directing Corpay One to submit a payment to the wrong Payee; orChanging your mind about making a payment to a Payee after directing Corpay One to submit the payment.You are responsible for all fees, fines, penalties and other liabilities incurred by Corpay One, a Payee, that you or a third party caused by or arising from your breach of this Agreement and/or your use of the Bill Payment Service.
You agree to reimburse Corpay One, a Payee or the applicable third party for any and all such liability.
Corpay One does not have control of, or liability for, the products or services that are paid for via the Bill Payment Service.
As permitted, you may cancel, edit, or stop a payment prior to the payment/due date by following the directions within the help section of the Bill Payment Service. Our ability to stop a payment request will depend on the manner in which the payment was initiated, the method of payment, and whether or not the Payee has begun processing payment. Although we will make a reasonable effort to accommodate a stop payment request, we will have no liability for failing to do so unless there is an exception provided elsewhere in this Agreement. We may also require you to send in your stop payment request in writing after contacting customer services via telephone.
Delays, Unauthorized Transactions or Errors
You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Corpay One' control. These can be, but not limited to, delays in handling and posting payments by Payee(s) or financial institution(s), errors in account information or funding instructions.When you send a payment to some Payee(s), the payment may be treated as an authorization to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending, until the Payee processes your payment. In these circumstances, your payment authorization will remain valid for up to thirty (30) days.To help ensure that there is enough time for the applicable Payee to receive any payments you submit through the Bill Payment Service, you should submit payment instructions prior to the due date. Before completing the transaction, you will be provided with an estimated delivery date for the bill payment. It is solely your responsibility to submit payments in good time, and to ensure that they arrive by the Payee's due date.Subject to the other provisions of this Agreement, Corpay One will bear responsibility for any satisfactorily documented late payment related charges up to a reasonable amount, but not exceeding $50.00, in the event that a payment posts after its due date provided that (i) the payment was submitted by you for payment in accordance with the guidelines specified in this Section and (ii) the Bill Payment Service issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed in this section or below under "10. Protection for Corpay One Errors." THIS IS Corpay One'S ONLY OBLIGATION TO YOU FOR ANY PAYMENT ERRORS, DELAYS, OR FAILURE. IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
Errors Or Other Issues Regarding Payments.
It is your responsibility to review all payment transactions initiated in the Bill Payment Service against the account statement(s) you receive from your bank and/or other financial institutions. Your payment transaction information is included in the receipts we provide you. ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE BILL PAYMENT SERVICE MUST BE DIRECTED TO Corpay One, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT.
We are responsible for our Bill Payment Service and for resolving any errors that we may have caused. We do not send you a periodic statement listing transactions that you make using the Bill Payment Service. Such transactions will only appear on the statement(s) issued by your bank and/or other financial institution. SAVE THE RECEIPTS FROM OUR BILL PAYMENT SERVICE AND VERIFY THEM AGAINST THE ACCOUNT STATEMENT(S) YOU RECEIVE FROM YOUR BANK AND/OR OTHER FINANCIAL INSTITUTION(S).IF YOUR ACCESS CREDENTIALS TO THE BILL PAYMENT SERVICE OR YOUR MOBILE DEVICE ARE COMPROMISED, LOST OR STOLEN, NOTIFY US AT ONCE USING THE CONTACT METHODS SPECIFIED AT THE END OF THIS TERMS OF SERVICE.
Protection for Corpay One Errors
Corpay One will use commercially reasonable efforts to facilitate the payment of your bills in accordance with this Agreement. However, Corpay One will not be liable for, in instances such as: if, through no fault of ours, you have insufficient money in your Funding Account to make the fund transfer; the payment is rejected, returned, mishandled, or delayed by the Payee for any reason; you have provided Corpay One with incorrect information about the Payee; the Funding Account you specify as the payment source is closed or the charge is rejected or returned by your bank or financial institution(s) due to any pre-announced unavailability of the Bill Payment Service, fraud or attacks on our systems, service or the Bill Payment Service and on third party service providers; or due to circumstances beyond our control (e.g. Acts of God/“Force Majeure”, interference from an outside source, postal delays or any failure by your computer, software, or Internet connection).
Risk Monitoring: Unusual or Suspicious Transactions
In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Bill Payment Service. If Corpay One believes there is suspicious or unusual activity, Corpay One may temporarily suspend your access to Bill Payment Service. Suspicious or unusual activity includes, but is not limited to, changes in your average transaction amount, processing pattern or use of different payment accounts. Corpay One may require additional documentation to promptly reinstate your access to the Bill Payment Service.Termination Corpay One may terminate or suspend your access to the Bill Payment Service at any time. Neither terminating nor suspension shall affect your liability or obligations under this Agreement. In the event you or Corpay One terminates your account, any payment(s) Corpay One has already processed, before the requested termination date may be completed. You should verify the payment directly with your intended Payee. Corpay One is not responsible for any payments not completed by us as a result of termination.
API Developer Relationship with Corpay One
Corpay One offers an application programming interface ("API") to retrieve information from or submit requests to Corpay One. If you use the Corpay One API to develop applications or integrate our Service into your website or mobile application, then the users that these applications or integrations serve are subject to the terms of this Agreement.Corpay One will issue a long-lived "refresh token" for each Corpay One user who authorizes your website and/or application to access or take actions on behalf of their Corpay One Account. Your website and/or application may request "access tokens" from Corpay One API, given that the "refresh token" is valid, which can be used to make requests to Corpay One API. You agree that any of these tokens are the property of Corpay One, and that misuse by you or your end-users could cause substantial loss and damage to Corpay One.When using Corpay One API, you agree not to use the bill/invoice data - metadata as well as original invoice/bill - to train your own OCR data model and/or neural network for image and bill recognition, which you may retrieve or receive using any endpoints, webhooks, or through other means of data transport.You agree not to use the data transferred through the Corpay One API for any other purpose than to provide the integration and/or service to your users as agreed upon with the Corpay One team.E-Sign Disclosure and Consent
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Corpay One Account and your use of the Service.We will provide these Communications to you by email at the primary email address listed in your Corpay One Account registration, by emailing a link or instructions to you on, how to access them on a website, or (if permitted by law) by posting them on the Website.
Prohibited Activities
By registering with Corpay One, you confirm that you will not accept payments or use the Service in connection with the following activities, items or services: adult content, bail bonds, bankruptcy lawyers, cheque cashing, or payment for a dishonored cheque or for an item deemed uncollectible by another merchant, credit counseling or credit repair agencies, credit protection or identity theft protection services, counterfeit or possibly counterfeit goods, debt collection, consolidation, or reduction services, distressed property sales and marketing, door to door sales, alcohol, drugs, drug paraphernalia or items that may represent them, factoring, liquidators, bailiffs, bail bondsmen, financial services such as cash advances, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency, gambling or betting including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races, hate, violence, racial intolerance, or the financial exploitation of a crime, internet pharmacies or pharmacy referral sites, inbound or outbound telemarketing businesses including lead generation businesses, multi-level marketing businesses, pyramid or ponzi schemes, pharmaceuticals, including medical marijuana, obscene or pornographic items, prostitution, escort services, massage parlors and other explicit sexually related services, unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same, violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same, weapons, including replicas and/or ammunition.
In addition, you may not use the Service for:competing with Corpay One;transferring funds between bank accounts held in the same name.
If Corpay One determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen or seized.
Additionally, if there is reasonable suspicion that your Account has been used for unauthorized, illegal or criminal purposes, you give us express authorization to share information about you, your Account, your access to the Corpay One Service, and any of your transactions with law enforcement.
Our Role and Your Responsibilities
Corpay One is a Payment Service Provider ("PSP") and not a bank, money transmitter, or Money Services Business ("MSB"). Therefore, we do not offer banking or MSB services as defined by the United States Department of Treasury. Specifically, Corpay One acts as your (i.e. Payor's) agent in so far as to routing payments/funds to Payees. Corpay One does not hold any money on behalf of its users or customers.You agree Corpay One will issue a payment directly from your own bank account that you have connected in your Corpay One account, and allow Corpay One to facilitate the routing to the Payee.As a PSP, Corpay One collects, analyzes and relays information generated in connection with payments to and from our users. You authorize Corpay One to provide this information to our partners in order for the partner to facilitate the payments to/from our users through the various payment networks ("Network", "Networks"), including ACH and Check 21, as applicable. As a result, the Financial Service Provider (FSP), - and not Corpay One - actually conducts the settlement of Network transactions to/from our users. Corpay One does not at any point hold or own funds in connection with the Service, nor does Corpay One transmit money or monetary value. In connection with the Service, Corpay One does not actively or constructively receive, take possession of or hold any money or monetary value for transmission, and does not advertise, solicit or hold itself out as receiving money for transmission. The Financial Service Provider is the party with sole responsibility for conducting the settlement of funds between our users.
In order to act as a PSP, Corpay One must enter into agreements with partners, who have partnerships with Networks and FSPs. You are not a third-party beneficiary of these agreements. Each of the Networks and FSPs is a third-party beneficiary of this Agreement and has beneficiary rights, but not obligations, and may enforce this Agreement against you. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and, if you decline to do so, we may suspend or terminate your Account.
Your Payment Authorization
You authorize our partners to hold, disburse and settle funds on your behalf. Your authorization permits the Partner to generate a paper draft or electronic funds transfer to process each payment transaction that you authorize.You authorize the Partner to initiate an electronic Network entries to each bank account for which you input or enable the retrieval of the routing number and account number on Corpay One's website, mobile app or any other ingress point such as through one of our partners, and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the Network Rules, and you agree that all Network transactions that you initiate will comply with all applicable law.Your authorization will remain in full force and effect until you notify us that you revoke it by contacting Corpay One’s Customer Support in accordance with instructions on our website or by closing your Account.
You understand that Corpay One requires a reasonable time to act on your revocation, not to exceed five (5) business days.
Underwriting and Sharing Information
We may share some or all of the information about you and your transactions with our partners, who may share it with FSP(s), Networks and our other partners (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with Corpay One, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. At any time, Corpay One and its partners may conclude that you will not be permitted to use Corpay One.You agree that Corpay One is permitted to contact and share information about you and your Account with partners, banks and financial institutions. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct Corpay One's risk management process.
Writing checks on your behalf
As part of completing the transaction through our partners, you agree to connect one or more bank accounts to your Corpay One account. With your signature to the consent form, you agree that Corpay One may facilitate the issuance of checks, physical and digital, from your connected bank account to the Payee.
Transactions
Upon analysis of the bill by Corpay One, and your subsequent payment initiation, you agree not to attempt to otherwise send the payment to the Payee. You agree and understand that the routing of the payment to the Payee may take 0-8 days, depending on the payment method the Payee accepts. It is your responsibility to upload your bills to Corpay One in due time. Corpay One will not be responsible for late payment of bills and will not be responsible for any late fees incurred due to Payees' late/lack of payment acceptance.TaxesYou are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld, in connection with your use of the Service. You are solely responsible for collecting, withholding, reporting and remitting the correct amount of taxes to the appropriate tax authority. Corpay One is not obligated to, and will not determine whether any taxes apply, calculate, collect, report or remit any taxes to any tax authority arising from your use of the Service.Termination
If your Corpay One Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Service and to remove all logos from your website and wherever else they are displayed, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (e) that Corpay One shall not be liable to you or any third party for termination of access to the Service, deletion of your information or Account data, or export of your information or Account Data. You may terminate this Agreement by closing your Corpay One Account at any time. When you close your Corpay One Account, any pending transactions will be cancelled. You can terminate this agreement by contacting Corpay One Support, or by logging into you account, go to "Settings" and choose "Delete account". Your account will be closed and your ability to log in deactivated immediately. Your Corpay One account data will be removed as explained in our Privacy Statement and we will send you a confirmation via email.We may terminate this Agreement and close your Corpay One Account for any reason or no reason at any time upon notice to you. We may also suspend the Service if you (a) have violated the terms of the Corpay One's policies or this Agreement, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.
Your License
Corpay One grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to send payments.
You may not, nor may you permit any third party to, do any of the following: (i) access or monitor any material or information on any Corpay One system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Corpay One referencing this section that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Corpay One; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure.
Corpay One's Intellectual Property Rights
The Service is protected by copyright, trade secret and other intellectual property laws. Corpay One owns the title, copyright and other worldwide intellectual property rights in the Service and all copies of the Service. This Agreement does not grant you any rights to Corpay One's trademarks or service marks, nor may you remove, obscure, or alter any of Corpay One's trademarks or service marks included in the Service.
Indemnity
You will indemnify, defend and hold us and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a third party person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Operating Regulations; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law, rule or regulation of the United States or any other country.
Disclaimer of Warranties by Corpay One
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Corpay One OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Corpay One, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS AND THE BANK (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.Limitation of Liabilities and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Corpay One, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL Corpay One BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR Corpay One ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL Corpay One BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Corpay One, ITS PROCESSORS, THE NETWORKS AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Corpay One, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Corpay One HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.The Service is controlled and operated from facilities in the United States and Denmark. Corpay One 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 and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
DisputesIf a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact Corpay One at support@Corpay One with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration.
Binding Individual Arbitration
You and Corpay One agree to arbitrate all "Disputes," defined as any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and Corpay One, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship, Corpay One advertising, and any use of Corpay One software or services. "Disputes" also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Notwithstanding the foregoing that you or Corpay One may choose to pursue a claim in court and not by arbitration, if you fail to timely pay amounts due. Corpay One may assign your account for collection, and the collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by law or this Agreement.
Governing Law
This Agreement and any dispute arising, will be governed by California law and/or applicable federal law (including the Federal Arbitration Act).Limitation on Time to Initiate a DisputeUnless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within six (6) months after the cause of action accrues.Third Party Services and Links to Other WebsitesIf you decide to use third party services, including one of our Integration partners, you will be responsible for reviewing and understanding the terms and conditions associated with them. You agree that Corpay One is not responsible for the performance of these third-party services. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Corpay One. Corpay One expressly disclaims any liability for these websites.
Amendment of Agreement
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 software or Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our Website or any other website maintained or owned by us and identified to you. Any use of our software or Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified. No modification or amendment to this Agreement shall be binding upon Corpay One unless in a written instrument signed by a duly authorized representative of Corpay One.Other ProvisionsUnless expressly provided in this Agreement, these terms are a complete statement of the agreement between You and Corpay One. They describe the entirety of the liability by Corpay One, its vendors and suppliers and Your exclusive remedy with respect to Your access and usage of the Service. In the event of a conflict between this Agreement and any other Corpay One agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is 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 in full force and effect. The Agreement does not limit any rights that Corpay One may have under trade secret, copyright, patent or other laws. Corpay One's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Survival
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.
If you have any questions or concerns about these Terms, please contact us at:
3280 Peachtree Rd SUITE 2400, Atlanta, GA 30305support@corpayone.com