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access to the Service or its related systems or networks, Biller shall not, (i) license, sublicense, sell, resell, transfer, assign, distribute or
<br />otherwise commercially exploit or make available to any third party the Service in ally way; (ii) modify or make derivative works based upon
<br />the Service; (iii) Recreate, "frame" or "mirror" any portion of the Service on any other server or wireless or Internet -based device; (iv) reverse
<br />engineer or access the Service; or (v) copy any features, functions or graphics of the Service,
<br />Invoice Cloud is not responsible far any Biller postings in error due to delayed notification from credit card processor, ACH bank and other
<br />related circumstances.
<br />Biller agrees to provide Invoice Cloud with complete and accurate billing and contact information. This information includes Biller's legal
<br />company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator.
<br />Biller agrees to update this information within 30 days of any change to it.
<br />Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of
<br />Transactions. Biller is also required to disclose any refund, return or cancellation policies to Invoice Cloud and any applicable payment
<br />processors and Biller's Customers, as requester.
<br />Any change in a return/ cancellation policy with the transactions underlying the Transaction Data must be submitted to Invoice Cloud, in
<br />writing, not less than 21 days prior to the effective date of such change.
<br />If Biller allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed,
<br />Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustmont within 2 days of resolution of the request
<br />resulting in such ref rml/adjustmem. The amount of the refund/adjustment with respect to Transactions under the Service cannot exceed the
<br />amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration from a Customer
<br />in return for preparing a refund to be deposited to the Customer's account; nor, with respect to credit card transactions, may Biller give
<br />caslJcheck refunds to a Customer in connection with a Transaction previously processed, unless required by applicable law.
<br />Individual users, when they initially hog in, may be asked whether or not they wish to receive marketing and other nomeritical Service -related
<br />communications from Invoice Cloud time time to time, They may opt out of receiving such communications at that time or at any subsequent
<br />time by changing their preference under htqr//"w.invoicecloutl.coi)i/privacy,htirI, Note that because the Service is a hosted, online
<br />application, Invoice Cloud occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of
<br />important announcements regarding the operation of the Service.
<br />The following is applicable is to any Biller who is a Snatcher, and to AMEX credit card charges;
<br />As to all'hansactions Biller submits to Invoice Cloud for processing, Biller represents and warrants that;
<br />(1) TheTransaction Data represents payment or refund of payment, for a bona fide transaction.
<br />(2) The Transaction Data represents an obligation of the Customer for the amount of the Transaction and the accuracy of all Transaction Data,
<br />(3) The Transaction Data does not involve any element of credit for payment of a previously dishonored payment or for any other purpose than
<br />payment for a current transaction and fvture payments as agreed upon by the customer,
<br />(0.) The Transaction Data is tree from any material niteration not authorized by the Customer.
<br />(5) The amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim.
<br />(6) Neither Biller nm' its employees has advanced any cash to the Customer in connection with the Tmasaction, net have you accepted payment
<br />for effecting credits to a Customer.
<br />(7) Biller has made no representations or ugrerunabis for the issuance ofrePonds except as it states in your return/cancellation policy, which has
<br />been previously submitted to Invoice Cloud in writing, and which is available to the Customer.
<br />(8) Any transaction submitted to invoice Cloud to credit a Customer's aeeomrt represents a refund or adjustment to a Transaction previously
<br />submitted to Invoice Cloud.
<br />(9) Biller has no knowledge or notice of information that would lead it to believe that the enforceability or colleetalrihty of the subject
<br />Transaction Data is in any manner impaired. The Transaction Data is in compliance with all applicable laws, ordinances, and regulations. The
<br />Transaction Data is oil summed in compliance with this Agreement and any applicable agreements,
<br />(10) For a Transaction where the Customer pays in instnllments or on o deferred payment plan, a Transaction Data record has been prepared
<br />separately for each installment transaction or deferred payment on the datc(s) the Customer agreed to be charged. All installments and deferred
<br />payments, whether or not they have been submitted to Invoice Cloud for processing, shell be deemed to be a part of the original Transaction,
<br />(11) Biller has not submitted any Transaction that it knows or should have Imown to be either ftaudulant, illegal, or otherwise in violation of
<br />any provision of this Agreement or other applicable agreements.
<br />(12) All Transaction Data is complete and accurate (including with respect to total due fields) and Invoice Cloud is not liable or responsible for
<br />any incomplete or inaccurate Transaction Data.
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