These Terms of Service apply between you and PaySprint (PS) by Express Ca Corp, located at WaterPark Place, 20 Bay Street, 11th Floor, Toronto, ON, M5J 2N8. The canonical version is maintained at paysprint.ca/terms-of-service.
Customer funds in the PYMO wallet are safeguarded separately from PaySprint's operating funds. Safeguarding does not constitute deposit insurance. Wallet funds are not deposits and are not insured by the Canada Deposit Insurance Corporation (CDIC) or any other government deposit insurance scheme.
Thank you for using the services of PaySprint (PS). We build PS Services for individuals and merchants in order to improve the rate of meeting financial obligations and engagement.
These Terms of Service set out the terms that apply to your use of our Website, Mobile and Services in general. We may change these terms from time to time. If we do, we shall post a revision of these Terms at https://paysprint.ca/terms-of-service and your continued use of Services shall be subject to such revised terms.
These Terms of Service apply between you and the PaySprint (PS) by Express Ca Corp (as defined) located at WaterPark Place, 20 Bay Street, 11th Floor, Toronto, ON, M5J 2N8 ('PS', 'EXBC, 'Express Ca Corp', 'we', 'us', 'our').
Our Service include:
Sending and receiving money, paying invoice and Payment Processing Platform including Text to Transfer, Text to Pay and QR functionality.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion. You agree with your use of any PS Service, that PS will be the exclusive provider of payment processing services to you and that you will utilize one or more of the PS giving services along with putting the PS API button on your website.
You may be required to create an Account and specify a password in order to use the Services or certain features included in the Services.
By creating an Account, or using our Services, you represent and warrant that:
Customers who use payment processing services are required to provide all information necessary to enable us to verify their identity and ownership of bank accounts, including:
Personal information (full legal name, resident address, date of birth, and Social Security Number (or other government ID, if not a U.S/Canadian. citizen) for your beneficial ownership; and Information about your bank account(s) that may be used for payment processing including deposit of processed funds, for anti-money laundering laws, other applicable laws and internal procedures relating to "Know Your Client" and credit worthiness background checks.
You authorize PS to store the payment credentials for future scheduled or unscheduled transactions.
You must promptly advise us in advance of any changes to the information provided including your contact details, operations, banking relationships, or other information that would require a change in the support, operation, or configuration of the Services(s). This may be done via your Account or in accordance with the Notification Policy below.
You must not share your Account with anyone else. PS has no liability for any unauthorized action or loss resulting from or relating to shared Account details.
The Services are provided on a month-to-month basis unless otherwise agreed in writing.
Either you or PS may terminate the Services at any time upon 30 days' prior written notice to the other party, delivered in accordance with the Notification Policy.
PS also reserves the right to:
with immediate effect, if in our reasonable opinion you are in breach of any of the obligations or undertakings in these Terms of Service.
You will remain liable for all obligations related to your Account even after it is closed. In particular, you will be responsible for any and all chargebacks, refunds, and any other fees associated with payment processing services following termination.
Please note that merely deleting a PS application will not close your account, cancel a recurring payment or delete a linked account (for example, a linked Customer account).
You are responsible for downloading and transferring any Customer Content you wish to retain or re-use or deleting that Customer Content from your Account. This must be done before termination.
You acknowledge that in the event of account termination or service cancellation, any PS provided telephone numbers associated with your Account shall remain with PS or may be released. You acknowledge that You are solely responsible for working with a third-party provider to establish any new numbers in connection with the termination or service cancellation of your Account and for notifying any third parties of your change in number.
PS NOTIFICATION: For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login or Merchant Administrator login to communicate directly to PS, or send an email to your account manager and copy support@paysprint.ca.
CUSTOMER NOTIFICATION: For service change notifications, we will communicate via your login area and/or directly to your Customer or Merchant Administrator email address or the phone number as provided to us.
By using the Services, you agree to pay all relevant Service Fees including PS Monthly Maintenance Charge.
Service Fees payable for use of any Services are available on request (unless otherwise agreed in writing) and may be updated from time to time. All pricing is specified on a monthly basis or per transactions and in CAD Dollars (unless otherwise specified).
Services will automatically renew at the end of each subscription month, unless you cancel the Services through your Account before the end of the current subscription month.
You agree to pay all Service Fees and any other charges incurred by you or any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date.
You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.
PS allows Merchants to accept payments through PS Wallet and via credit card, debit card, and ACH transactions including processing cards bearing the trademarks of Visa®, MasterCard®, Discover®, and American Express® (collectively, the "Networks") for non-PS users. PS is not a depositary institution and does not offer banking services as defined by the Bank of Canada and United States Department of Treasury. PS must enter into agreements with Networks, other processors, and banks. These third parties require our Customers to accept Sub-Merchant Agreement terms as described below.
Customers who use payment processing services accept the relevant Sub-Merchant Agreements as determined by PS. Payment processing services for PS are currently provided by Moneris, Google Pay and Apple Pay and are subject to the Agreements, which includes the Moneris Terms of Service (collectively, the "Moneris Services Agreement"). By agreeing to these Terms of Service, you agree to be bound by the Moneris Services Agreement, as the same may be modified by Moneris from time to time. You also authorize us to share with Moneris any information you provide to us and transaction information related to your use of the Services provided by Moneris.
Service Fees shall apply to all financial transactions conducted through the use of PS (including credit card, debit card, and ACH transactions) as further described on the Website or as otherwise agreed in writing.
Monies received are automatically deposited into the PS wallet as default method and the user (Individual or Merchant) can withdraw the funds to any of the registered account (including credit card, debit card and or ACH Transactions) at prescribed fees.
User will withdraw funds from PS wallet, interest free, less any refunds, chargebacks, and any applicable fees (including PS Service/Processing Fees and/or transaction fees related to the Services, if applicable), as follows:
PS has no liability for disbursements made in accordance with the above provisions.
You agree that PS has the right to debit your PS wallet or bank/credit card account at any time to recover any negative balances that PS may incur, for example, as a result of refunds, chargebacks or disputed payments. If PS is unable to collect on refunds/chargebacks using offset of your disbursement or debit of your bank account, PS has the right to invoice you for any unpaid balance.
If an Error (as defined) occurs that is solely our fault, we will use all reasonable efforts to remedy that Error (subject to the limitations provided in Clause 5). You must notify us immediately if you think there may be an Error or if you need more information about an Error at: support@paysprint.ca.
Although we will use all reasonable efforts to assist, you are solely responsible for any transactions made or damage or loss incurred in the following circumstances (none of which comprise an Error):
In case of suspected unauthorized activity in relation to your Account, or questions about payments made or received, contact us as soon as you can at: support@paysprint.ca
You will abide by, and utilize the Services only in accordance with, our Acceptable Use Policy, as pushed from time to time.
Customers are responsible for ensuring that Merchant Administrators and Authorized Users and any other Users of the Services also comply with Acceptable Use Policy.
Reservation of Rights. Subject to the limited rights expressly granted here under, PS reserves all rights, title and interest in and to the Services and content, including all related intellectual property rights. No rights are granted to you here under other than as expressly set forth here in.
Access to and Use of Content. Customers have the right to access and use applicable Content subject to this Agreement. None shall, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from PS, or use the Services or websites in a way that violates any laws, infringes on anyone's rights, is offensive, or interferes with the Services or Websites. Any feedback, answers, questions, comments, suggestions, ideas or the like which you send to PS relating to the Services will be treated as being non-confidential and non-proprietary. PS may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
License to PS. You grant to us a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services:
Except for the rights expressly granted above, we not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
Use of data: We reserve the right to use all data collected, processed or derived by us in relation to the Services, including de-identified Customer Content, for the purpose of industry trend and best practices reporting, statistical analysis and research and research relating to the development or improvement of any of our services or products. We will not publish or disclose statistical findings of individual Customer or Merchant activity.
Customers who use PS's products and services must comply with the following:
Merchant Administrators who use the Services must comply with the following:
Some of the Services allow the Customer (or its Merchant Administrators or Authorized Users) to enter data into the Services. This may include information related to third party individuals – for example, the names and addresses and other information relating to the Customer's members, and financial details of from those members ("Customer Content").
Customer shall bear all responsibility for Customer Content. In particular, you will be responsible for the accuracy, quality and legality of all your Customer Content, the means by which you acquired Customer Content, your use of Customer Content with the Services, and the interoperation of any non-PS applications you use in conjunction with the Services or Customer Content.
You hereby represent and warrant to PS, and agree that during the Term, you will ensure that:
By integrating your YouTube channel or Playlist with any PS Services you agree to be bound by YouTube's Terms of Services (https://www.youtube.com/t/terms) and our Privacy Policy which includes reference to data associated with your use of YouTube's services and acceptance of Google Privacy Policy.
As your sole and exclusive remedy for any Errors, PS will endeavor to rectify any Error we determine to be solely PS's fault, for example, by appropriately crediting or debiting your Account for the difference in credits or debits due to our Error.
In no event will PS's liability in connection with the services, including any software provided here under, or any error whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to PS by customer during the 3-month period immediately preceding the event giving rise to such liability.
PS cannot guarantee continuous service, service, at any particular time, information, or content stored or transmitted via the internet. PS will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received, of stored on its system, subject to applicable data breach notification laws.
Neither party shall be liable in any way to the other party or any other person for over draft fees, insufficient funds, inaccurate reporting, any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right here under arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages.
Subject to Clause 8 and the provisions of the PS GDPR Data Protection Addendum, wherever applicable:
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third-party websites and are therefore not responsible for the content of any third-party website or any hyperlink contained in a third-party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third-party website or the products or services offered at a third-party website. Your visit to a third-party website is entirely at your own risk.
Each party will not, without the prior written consent of the other party, use or disclose to any person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of the Services or as otherwise provided hereunder. Each party will (i) treat the Proprietary Information of the other party as secret and confidential, (ii) limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the Proprietary Information of the other party to any other Person without the prior written consent of the other party.
Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of these Terms of Service for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.
Our Privacy Policy describes in more detail how PS processes personal data. You should read that Privacy Policy and use the information it contains to help you make informed decisions.
PS and the Customer shall comply at all times with their respective obligations under Applicable Data Protection Legislation. In particular, the Customer is responsible for compliance with Data Protection laws that apply to them in relation to all Customer Content and all Customer-Collected Personal Data.
The PS GDPR Data Processing Addendum shall apply, in addition to the data protection provisions set out in these Terms of Service and the PS Privacy Policy, where:
If there is any inconsistency between these Terms of Service and the provisions contained in the Addendum., the terms of the Addendum shall prevail.
If at any time the Addendum ceases to provide an appropriate safeguard (and, to that end, a lawful ground under applicable Data Protection Legislation) for the transfer of personal data to a third country, territory or international Merchant outside the EEA, then, at the election of PS, each party shall, at its own expense, execute and deliver any necessary documentation as may be required in order to enable the parties to continue to lawfully transfer personal data outside the EEA.
These Terms of Service, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. No additional terms or conditions relating to the subject matter of these Terms of Service shall be effective unless approved in writing by any authorized representative of you and PS.
All notices and demands required or contemplated hereunder by one party to the other shall be in writing and, unless otherwise specified, shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses set forth below.
PS Address for notice: PaySprint by Express Ca Corp, WaterPark Place, 20 Bay Street, 11th Floor, Toronto, ON, M5J 2N8. Attention: Chief Financial Officer
PS may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in PS's billing records. Either party may change its address or facsimile number for purposes of these Terms of Service by notice in writing to the other party as provided herein.
No failure or delay by any party hereto to exercise any right or remedy here under shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further the exercise of any other right or remedy. No express waiver or assent by any party here to any breach of or default in any term or condition of these Terms of Service shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition here of.
You may not assign or transfer these Terms of Service, or any of its rights or obligations hereunder, without the prior written consent of PS.
PS may assign its rights and obligations under these Terms of Service and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent (unless otherwise agreed). These Terms of Service shall be binding upon and shall inure to the benefit of the parties here to and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under these Terms of Service (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations here under.
Customers using the Services agree that during the term of these Terms of Service, PS may publicly refer to Customer, orally and in writing, as a customer of PS. Any other public reference to Customer by PS requires the written consent of Customer.
These Terms are governed by and construed in accordance with the laws of Province of Ontario, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Brampton, Ontario, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
If there is a dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Service, either party may commence arbitration by providing a written demand for arbitration, setting forth the subject of the dispute and the relief requested. Arbitration will then be conducted in accordance with the following:
For disputes where the Customer is located outside Canada, or where the Customer otherwise elects, by arbitration in Brampton, Ontario before a single arbitrator in accordance with the following:
Unless the terms and conditions of the Terms of Service explicitly state otherwise, expressions used in the Terms of Service have the following meanings:
Questions about these Terms can be directed to support@paysprint.ca.