AUTOMATIC BANK PAYMENT AGREEMENT
This is an Automatic Bank Payment Agreement between Merchant Doodle Inc. (“Merchant Doodle”) and the Organization using Merchant Doodle (“Your Organization”) including the person(s) authorized and/or acting as the owner(s) (“You”) individually and for Your Organization and/or the person(s) acting as the billing contact(s) (“Billing Contact”) for Your Organization.
If You are enrolling and/or participating in the Automatic Card Payment Method, please visit: the Merchant Doodle Automatic Card Payment Agreement.
DEFINITIONS
“We,” “Us”, “Our” and “Merchant Doodle” means Merchant Doodle Inc., authorized to process a Automatic Bank Payment withdrawal for any and all of our business service(s) requested by You and Your Organization and provided to You and Your Organization by us. “You,” “Your”, “Yours”, and “Your Organization” mean the organization(s), business entity, and person(s) represented by the person(s) authorizing the Automatic Bank Payment withdrawal for our business service(s) requested by You and Your Organization and provided to Your Organization and You by us. “Automatic Bank Payment” means a withdrawal automatically deducted from Your Designated bank account on the scheduled withdrawal date(s) for any and all amounts due. “Designated Bank Account” means You and/or Your Organizations bank account as Registered and Designated by You on an Official ACH Payment Authorization Form submitted to Merchant Doodle, declaring and establishing a bank account owned and operated by You and/or Your Organization that You and/or Your Organization are hereby authorizing, enabling, and designating for use and participation in the Automatic Bank Payment process and this Automatic Bank Payment Agreement. “Business day” means Monday through Friday, excluding our company holidays.
Please read this Agreement carefully and in full before agreeing to have a Merchant Doodle account created for You and Your Organization and authorizing this Automatic Bank Account Payment Agreement. Also verify that all information provided is up-to-date, complete, and accurate before confirming Your agreement with this Agreement for Your Organization(s), Your Organizations Billing Contact(s), and Yourself.
FREQUENCY OF PAYMENTS
I understand that an Automatic Bank Account Payment will be withdrawn from My Designated bank account on the scheduled withdrawal date(s) for the amounts due each month (the “Monthly Payment”) for renewal and continuation of My Organizations requested service(s) from Merchant Doodle on an ongoing and recurring basis until cancelled. I will also receive a post-payment confirmation by email following any and all withdrawals. I will not receive any advance notice of any withdrawal before the draft date, but I will always receive post-payment confirmation at the email address specified by me (the “Registered Email Address”) when registering My Organization for Merchant Doodle’s service(s). If an automatic withdrawal from My or My Organizations Designated bank account should ever occur for any reason including making payment for My or My Organizations regular monthly invoice on the due date and I fail to receive a post-payment confirmation by email, I will contact “billing” at Merchant Doodle immediately to report the event.
After the initial withdrawal, a recurring withdrawal will begin with the next scheduled payment date. I understand that any payment with an automatic withdrawal date occurring on any Saturday, Sunday, or holiday may not be processed until the following business day. I also understand and agree that the date(s) and the amount(s) of the withdrawal(s) are determined by the selected Merchant Doodle service(s) and payment plan(s) that I requested for My Organizations account. I understand that if My Organizations Merchant Doodle billing and/or payment account is other than a monthly account, withdrawals will not occur automatically following the mailing and/or emailing of any Important Expiration of Service(s) Notice.
I authorize any refund due Me and/or My Organization to apply and be applied to My or My Organizations Designated bank account; and if necessary, Merchant Doodle may electronically debit or credit My or My Organizations Designated bank account to correct any transaction amount(s) and/or error(s). I acknowledge it is My responsibility for My Organization and to Merchant Doodle to have sufficient available funds in My or My Organizations Designated bank account to cover these and any other withdrawal(s).
I agree to receive information and Service Notices via my registered email address regarding Automatic Bank Account Payment processes, withdrawal(s), and my account, therefore I will maintain a current email address with Merchant Doodle and ensure that it is active and capable of receiving new emails. Additionally, I will ensure my email account has sufficient space for new emails and my email server and spam-blocking and junk-folder software do not block Merchant Doodle emails sent to me. I understand Merchant Doodle is not responsible for any issues or problems related to and/or arising from emails sent to any inactive, blocked, full, or out-of-date email address I might have.
All Merchant Doodle Automatic Bank Account Payment process service(s) and plans are billed monthly (the “Period”), on the first day of the Period for the upcoming Period. The first Period begins upon creation of Your account and will include any applicable one-time and/or initial fees as well as any pre-payment required for the first Period’s service(s). You and/or the Billing Contact(s) for Your Organization will receive a confirmation email at the conclusion of each Period at the designated email address(es) on file and specified by You. You or Your Organization will not receive any advance notice of any withdrawal and/or payment, but You and/or the Billing Contact(s) for Your Organization will receive post-payment confirmation by email. You and your Billing Contact(s) will also receive confirmation by email if there is no balance or if there is a negative balance on Your or Your Organizations account at the conclusion of any Period.
At the beginning of each Period, payment will be automatically withdrawn from Your or Your Organizations Designated bank account for the upcoming Period’s service(s) as well as any usage fees incurred during the previous Period. Usage fees are billed according to the parameters specified for each service You or Your Organization has requested and agreed to on Your separate Merchant Doodle services agreement(s), as shown on the date and at the time that the payment is withdrawn.
PAYMENT METHODS
Merchant Doodle supports payment via three methods: ACH (Direct Debit), Credit Card/Debit Card, or traditional invoice. ACH (Direct Debit) payments and Automatic Payment Card Payments accepting credit cards/debit cards are processed securely using our organizations own internal payment processing and gateway account(s), and our billing solution software of choice, which may change from time to time. Additionally, you authorize us to use any third party of our choice to make the authorized Automatic Bank Account Payment withdrawal(s).
ACH Payments and Credit Card/Debit Card Payments are processed automatically as described in the “Frequency of Payments” section of this Agreement. Traditional invoices are sent by email to You and/or Your Organizations billing contact(s) on the first day of the period as if they were processed automatically. Invoices are due upon receipt and should be paid by check addressed and payable to “Merchant Doodle” and mailed to the address indicated at the top of your invoice.
By filling out and submitting an Official ACH Payment Authorization Form or by entering, updating, or changing your payment method’s information on the billing link sent to Your Organization and/or Your or Your Organizations billing portal page, You are authorizing Merchant Doodle to draft and/or withdraw payments from Your Designated bank account each Period as outlined elsewhere in this Agreement. Payment methods can be changed at any time by You from Your Organization’s billing portal page. Merchant Doodle may, at its sole discretion, choose to limit Your Organization’s options for payment methods to any subset of the three (3) total accepted methods.
ACCESS TO YOUR ORGANIZATIONS BILLING PORTAL PAGE
Your Organizations billing portal page will be established, setup, and created by Merchant Doodle during the account setup process. Access details will be emailed to You and/or Your Organizations specified Billing Contact(s). Access to Your Organizations billing portal page is granted exclusively by Merchant Doodle and may be limited, temporarily withdrawn, and/or permanently withdrawn at Merchant Doodle’s sole discretion, at any time and for any reason.
CHANGING YOUR ORGANIZATIONS PAYMENT METHOD
If You or Your Organization would like to change your payment method, for example, making a change from one bank account to another bank account or to a credit card or debit card payment method, you may do so at your convenience on Your Organization’s billing portal page. The change will be processed immediately, and any future withdrawal(s) and/or payment(s) will be withdrawn from or charged to the updated payment method. If there were any pending and/or failed withdrawals from or charges to the old payment method, those withdrawals or charges will be immediately withdrawn from or charged to your new payment method.
CHANGING SERVICE(S) OR PLAN(S)
You may change service(s) and/or plans up (upgrade) or down (downgrade) to any other available service(s) or plan(s) at any time from Your Organization’s billing portal page. All plan changes happen immediately, take effect immediately, and are retroactive to the beginning of the current Period, therefore any overages will be calculated at the end of the current Period based upon the parameters of the newly selected service(s) and/or plan(s). Any increases or decreases in withdrawals will be incremental based upon the difference in the newly selected service(s) and/or plan(s) and the previously selected service(s) and/or plan(s). No refunds will be issued to the Designated bank account in the case of any credit. Any and all negative balances will be carried forward to the next Period and applied to the next Period’s invoice total.
APPLICATION OF AUTOMATIC BANK PAYMENT WITHDRAWALS
1. Funds withdrawn will be applied only to Your Designated Billing Account or its replacement.
2. Payments made after 3:00 p.m. Eastern Time may be posted on the next business day.
3. You agree to have the funds available in Your Designated bank account on the payment date, whether or not that date falls on a business day (Note: It may take 3-5 business days for Your Designated bank account to reflect deposits).
AUTOMATIC BANK PAYMENT WITHDRAWAL FAILURE / WITHDRAWALS NOT HONORED
If we are unable to electronically withdraw the funds from Your Designated bank account, any corresponding payment(s) posted to your account in good faith will be reversed from Your Organizations billing account and a cancellation notice may be issued to Your Organization for the service(s) attached to Your Designated Billing Account. Automatic Bank Payment withdrawals that are not honored for reasons such as insufficient funds may be re-submitted at our sole discretion.
Should your Automatic Bank Payment withdrawal be not honored and returned to us unpaid, You will be contacted by phone or email and your Automatic Bank Payment withdrawal may be re-submitted.
When re-submitted, Your Automatic Bank Payment withdrawal will be re-submitted as follows:
1) Four (4) days after first (1st) failure (the second attempt).
2) Four (4) days after the second (2nd) failure (the third and final attempt).
If your Automatic Bank Payment withdrawal is not honored or fails for any reason on the third (3rd) and final attempt, You and Your Organizations Billing Contact(s) will be contacted via phone and email at the telephone number(s) and email address(es) designated for Your Organization, and Your Organization’s account will be suspended, deactivated, cancelled, and/or closed so that no further service(s) or activity can occur in Your Organizations account or on its behalf. This Will Disrupt Your Organizations Service(s) with Merchant Doodle, and You and Your Organization will become and remain responsible for any outstanding fees due including any fees associated with re-activating and/or re-establishing Your service(s) with Merchant Doodle should You or Your Organization wish to do so. You may log into Your Organizations account and billing portal page at any time prior to Your account being suspended to correct or update Your payment information and/or change your payment method.
Upon correcting, updating, and/or changing Your Organizations payment information and/or method, the previously failed payment withdrawal(s) will be re-attempted and/or re-submitted using the new payment information and details or method, but any and all future Periodic billing dates will not change from their originally scheduled date(s) and/or billing cycle(s).
REMEMBER: If your Automatic Bank Payment fails, You and/or your Organizations Billing Contact(s) will need to replenish Your Organizations Merchant Doodle service(s) account by immediately contacting us or logging into Your Organizations billing portal page and correcting, updating, and/or changing your payment method. Merchant Doodle may permanently restrict Your Organizations ability to use a certain payment method if that particular payment method fails multiple times.
In the event any payment is not made and You or Your Organization does not make a payment by the end of your billing cycle, Your Organizations service(s) may be suspended, deactivated, cancelled, and/or closed at Merchant Doodle’s sole discretion and Merchant Doodle shall neither be responsible for nor incur any additional liability, penalty, and/or consequence(s) including financial, legal, or otherwise, from any such action of account and/or service(s) suspension, deactivation, cancellation, and/or closure.
RETURNED PAYMENT CHARGES
Merchant Doodle may assess Returned Payment Charges if Automatic Bank Payment withdrawals are returned for reasons such as insufficient funds, revoked authorization, or closed bank accounts.
REMOVAL FROM THE AUTOMATIC BANK PAYMENT METHOD
If any payment is not honored, we may remove Your Organizations billing account from the Automatic Bank Payment method of payment. If this occurs, Your Organization will need to re-enroll for the Automatic Bank Payment payment method by completing and agreeing to a new Official ACH Payment Authorization Form and Automatic Bank Payment Agreement with an up-to-date and valid bank account number and account information.
EXCESSIVE RETURNED PAYMENTS OR STOPPED DRAFTS
If Merchant Doodle receives multiple returned Automatic Bank Payment withdrawals, or multiple stopped drafts, Your Organizations billing account may become ineligible for the Automatic Bank Payment method until a future specified date, set solely at our discretion.
ACCOUNT CANCELLATION(S)
If we send a cancellation notice for non-payment of service(s) fees attached to Your Organizations Designated Billing Account, we will process an Automatic Bank Payment withdrawal for the total payment due including both the amount past due and the current amount due, including any associated fees. The Automatic Bank Payment withdrawal will occur automatically on its regularly scheduled date of the month regardless of any extended due date required by state law. If you wish to change either the date or amount of the automatic withdrawal, or pay only the amount past due, call us at (888) MDOODLE at least seventy-two (72) hours prior to the Automatic Withdrawal Date. For other than monthly accounts, if we send an Important Expiration of Service(s) Notice for Your Organizations Designated Billing Account, we will not process an Automatic Bank Payment withdrawal and another form of payment will be necessary and required from You.
If we receive a request to cancel the service(s) attached to Your or Your Organizations Designated Billing Account, please check the status of your outstanding billing invoice/statement at that time. We will discontinue future Automatic Bank Payment withdrawals once we process the request to cancel the service(s); however, it is possible that an Automatic Bank Payment withdrawal may be processed around the same time as Your service(s) cancellation request.
CANCELLATION OF AUTOMATIC BANK PAYMENT METHOD AND WITHDRAWALS
Your authorization for Automatic Bank Payment withdrawals remains in effect until we have received notice from You or Your Organization of its termination, in such time and manner as to afford us a reasonable opportunity to act upon it.
To Discontinue Automatic Bank Payment withdrawals:
1) Contact Us Here and then send us an official cancellation notice from your account email address; or
2) Contact your dedicated Merchant Doodle representative; or
3) Call us directly at (888) 636-6353.
Please allow up to five (5) business days for processing your request.
Automatic Bank Payment withdrawals scheduled within five (5) business days after your request may still take place. If you are signed up to have your payments automatically withdrawn electronically and decide to request a cancellation of your service(s), please check the status of your outstanding billing invoice/statement at that time. Merchant Doodle will discontinue future Automatic Bank Payment withdrawals once we process your request to cancel your service(s); however, it is possible that an Automatic Bank Payment withdrawal may have begun to process around the same time as the service(s) cancellation(s).
CANCELLATION OF ACCOUNT AND THE AUTOMATIC BANK PAYMENT METHOD
You have the right to change your payment method and/or withdraw your consent to this Automatic Bank Payment Agreement at any time. Doing so without first establishing another payment method and/or arrangement with Merchant Doodle will suspend, deactivate cancel, and/or close Your Organization’s service(s) including any account access and further use. Your Organization will be logged out and all user accounts will be prevented from logging in and/or accessing account information, payment methods, and/or service(s).
Your request to cancel Your Organization’s account will be processed within forty-eight (48) hours but no withdrawals will be returned or refunded, and any overages or other fees incurred up to the point of cancellation will be withdrawn from or charged to the currently selected payment method at that time. Additionally, no refunds for negative balances will be issued.
RE-ESTABLISHING AN ACCOUNT AND AUTOMATIC BANK PAYMENT METHOD
If suspended, deactivated, cancelled, and/or closed, You may re-open Your Organizations account if eligible according to our rules, terms, policies, conditions, obligations, and agreements by contacting Your Organizations Merchant Doodle representative. Your representative may assist you in re-opening Your Organization’s billing account, updating Your Organizations payment method, and re-establishing Your Organizations service(s). If eligible, Your Organizations billing account and service(s) will be setup, created, and /or reactivated and a new billing cycle will be established. You and Your Organization will be billed any applicable one-time fees as well as the first Period’s pre-payment for that Period. Your Organizations billing, account access, service(s), and Automatic Bank Payment or other payment method will continue under the terms and provisions described in this Agreement (or other applicable agreement) as if a new account had been established, setup, and/or created. If you are unable to re-open and/or re-establish your account and/or services, you may contact us directly at (888) 636-6353 for more details.
PRIVACY POLICY
You can view Merchant Doodle’s Privacy Policy Here.
GENERAL SYSTEM REQUIREMENTS
Through technology, valid SSL Certificate(s), and/or our partners systems we attempt to provide industry standard encryption to make your information unreadable as it passes over the Internet. However, there is no guarantee of security or encryption and therefore we strongly recommend that you use the latest version of your browser software for enhanced compatibility and maximum security.
BILLING STATEMENTS AND NOTICES
Unless you selected “Paper Invoicing and Billing” by postal mail when You and Your Organization signed up for Merchant Doodle’s service(s), you understand that by authorizing this Automatic Bank Payment method and Agreement that You and Your Organization are agreeing to receive “Online Emailed Billing Statements” at the email address(es) specified by You for Your Organization and Designated Billing Contact(s). When participating in this Automatic Bank Payment method, You will receive a Paper Billing Statement, a Hardcopy Invoice, and/or Printed Notices in the mail at You or Your Organizations registered mailing address only if and when:
• It is the first bill after new service(s) setup or account reinstatement; or
• The amount differs by $0.01 or more from the last statement for your Merchant Doodle account; or
• Your Merchant Doodle billing account is other than a monthly payment plan.
You are responsible for reviewing any and all Paper Billing Statements, Hardcopy Invoices, and Printed Notices mailed to You and/or Your Organization or otherwise presented to You via email and/or online in Your Organizations billing portal page. All Billing Statements, Invoices, and Notices presented to You and Your Organization whether in paper, hardcopy, or printed format or via email or online in Your billing portal page, will continue to contain important information about You and Your Organizations billing account and the underlying requested service(s) provided You and Your Organization by Merchant Doodle.
Billing Statements, Invoices, and Notices will be made available in PDF or HTML format, so You or Your Organization must have access to an Internet browser and PDF reader software (PDF reader software is available for download free of charge at www.adobe.com). If and when You wish to print Your documents, You must also have access to a printer.
Although there is no charge associated with Merchant Doodle presenting your Billing Statements, Invoices, and Notices online, You may incur costs associated with electronic access to the documents, such as usage charges from Internet access providers and/or telephone service providers. Merchant Doodle is not responsible for any damages to Your or Your Organizations computer hardware or software; injury to You or Your Organization as a result of power failures or power spikes, or telephone or internet interruptions or other expenses in relation to Your or Your Organizations use of electronic delivery.
Should Merchant Doodle make any changes to the hardware or software requirements for electronic presentation such that You or Your Organization will no longer be capable of accessing or retaining Your or Your Organizations Billing Statements, Invoices, and/or Notices electronically, we will inform you of the revised hardware and software requirements.
Merchant Doodle is not required to present information to You or Your Organization electronically and may discontinue electronic presentation to You or Your Organization in whole or in part, at any time and at our sole discretion.
You may request a printed paper hardcopy of any Billing Statement, Invoice, and/or Notice at no charge by contacting your Merchant Doodle representative.
BILLING TERMS, TERMS OF USE, PRIVACY POLICY, EARNINGS DISCLAIMER, AND COPYRIGHT NOTICE
The guidelines by which Merchant Doodle calculates the fees withdrawn in the Automatic Bank Payment method are outlined and clearly detailed in the billing terms section of Your Organizations specific Merchant Doodle service(s) agreement. That Agreement was provided to You and Your Organization upon the creation, establishment, and setup of Your Merchant Doodle account and service(s). By entering into this Automatic Bank Payment method and Agreement, you also agree to Merchant Doodle’s Billing Terms, Terms of Use, Privacy Policy, Earnings Disclaimer, and Copyright Notice, each in their entirety. This Automatic Bank Payment Agreement and Your and Your Organizations participation in this Automatic Bank Payment Method is also pursuant to Merchant Doodle’s Terms of Use, Privacy Policy, Earnings Disclaimer, and Copyright Notice. Each of those Agreements is detailed, published online, and can be found using the following associated links:
Terms of Use
Privacy Policy
Earnings Disclaimer
Copyright Notice
Additionally, You may always visit our Legal Page Here for more information.
STORAGE OF INFORMATION
Information stored by Merchant Doodle is kept under physical, electronic, or procedural controls that comply with or exceed industry standards. We authorize our employees, agents, and representatives to get and use information about You only when they need it to accomplish their work. We require companies working for us and partners working with us to protect information. They agree to use it only to provide the service(s) we ask them to perform for us or on Your and Your Organizations behalf.
CREDENTIAL SECURITY
When You and Your Organization decide to become enrolled in Merchant Doodle’s Automatic Bank Payment method and agree to and authorize this Automatic Bank Payment Agreement and subsequently gain and are given access to Your billing portal page, You and Your Organization agree not to allow Your specific user ID and password to be used by any unauthorized individual(s), group(s), organization(s), or other entities. You and Your Organization are responsible for all withdrawals authorized using Merchant Doodle’s Automatic Bank Payment method. If you permit any other person(s), group(s), organization(s), and/or other entity(ies) to use Merchant Doodle’s Automatic Bank Payment method or Your and/or Your Organizations user ID and password, you are responsible for any transactions such person(s), group(s), organization(s), and/or other entity(ies) authorize. If you believe Your or Your Organizations user ID and password have been lost or stolen or that someone may attempt to use Merchant Doodle’s Automatic Bank Payment method and/or Your or Your Organizations billing portal page without Your proper authorization or consent, you must notify Merchant Doodle at once by calling (888) 636-6353 during the normal business hours of Monday – Friday 9:00 am to 5:00 pm Eastern Time, Saturday – Sunday 10:00 am to 3:00 pm Eastern Time.
MAINTAINING ACCURATE AND UP-TO-DATE INFORMATION
It is Your and Your Organizations sole responsibility to ensure that Your and Your Organizations Designated Billing Account information, designated contact information including email addresses, and payment method and Bank Account information and details, is and remains current, up-to-date, accurate, and valid. Merchant Doodle is not responsible for any bank account withdrawal or payment processing errors or fees incurred if You or Your Organization do not provide accurate organizational billing account, contact and email address, Bank Account information, and/or Payment Card account information and details. Billing account and contact information can include but is not limited to items such as Your and Your staff members name(s), phone number(s), address(es), e-mail address(es), and Your or Your Organizations Designated Bank account information and details. To change this information, either update Your billing account and/or Your Designated Bank account information after logging in on Your billing portal page or contact Merchant Doodle as indicated elsewhere in this Agreement.
If you need to change information specific to Your or Your Organizations service(s), such as your email address(es), web address(es), mailing address(es), or physical property location(s), please contact Your Merchant Doodle representative or call Merchant Doodle directly using the information provided on this page.
DURATION OF THIS AGREEMENT
This Automatic Bank Payment method and Agreement, including the billing portal page account and access being established, setup, and created for You and Your Organization may be terminated by You or Your Organizations Designated Billing Contact(s) acting on Your or Your Organizations behalf at any time by canceling according to the terms set out previously in this Agreement. There is no penalty for cancellation nor is there any requirement to keep the billing portal page account access active for any length of time. Your Automatic Bank Payment method and Agreement and billing portal page account and access may also be terminated at any time without notice at the sole discretion of Merchant Doodle, if any of the terms, provisions, and/or obligations set out in this Agreement or in the Merchant Doodle Terms of Use, Privacy Policy, Earnings Disclaimer, Copyright Notice or other organizational legal agreements and/or requirements are abused, broken, or violated.
EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
THE AUTOMATIC BANK PAYMENT METHOD AND THIS AGREEMENT AND RELATED DOCUMENTATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition, we do not warrant, guarantee, or make any representations regarding the security of Designated Bank Accounts, or that the web site(s) are free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee, or make any representations that access to any web site will be fully accessible at all times, uninterrupted, or error-free.
IN NO EVENT SHALL MERCHANT DOODLE OR OUR PARTNERS OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED APPLICATIONS, LOST PROFITS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF OUR OR ANY OTHER RELATED WEB SITE(S), OR THE INABILITY TO USE OUR OR ANY OTHER RELATED WEB SITE(S) BY ANY PARTY; OR (2) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS OR SPYWARE OR MALWARE, OR SYSTEM BREACH, OR OTHER TECHNICAL SABOTAGE, EVEN IF WE OR OUR PARTNERS OR OUR AFFILIATES, OR THE EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES, OR EXPENSES.
AMMENDMENTS TO TERMS, PROVISIONS, AND OLIGATIONS; FUTURE ACCESS
Merchant Doodle reserves the right, in its sole discretion, to change the Terms, Provisions, Conditions, and Obligations contained in this Automatic Bank Payment Agreement and our Terms of Use, Privacy Policy, Earnings Disclaimer, Copyright Notice and other organizational legal policies, procedures, requirements, and agreements at any time. The most current version of this Automatic Bank Payment Agreement will automatically supersede all previous versions and is effective immediately according to the date that the new version is issued and made live on the Merchant Doodle web site or in our billing portal. We encourage You and Your Organization to periodically review this Agreement to stay informed of our updates.
SEVERABILITY
If any term, provision, condition, and/or obligation of this Agreement is held by a court of competent jurisdiction to be or becomes invalid, illegal, void, or otherwise becomes unenforceable for any reason, the invalid, illegal, void, and/or unenforceable determination of such term, provision, condition, and/or obligation will not affect any of the remaining terms, provisions, conditions, and/or obligations, and this Agreement will be construed as if the invalid, illegal, void, and/or unenforceable term, provision, condition, and/or obligation is not contained in this Agreement, with the remaining terms, provisions, conditions, and/or obligations continuing in full legally binding force and effect. This Agreement will be deemed modified to the extent necessary to render legally binding and enforceable the terms, provisions, conditions, and obligations hereinunder, and to be construed in a manner so as to effectuate the intent of this Agreement as a whole.
NO WAIVER OF RIGHTS
Any failure by us to act upon any breach of the Terms, Provisions, Conditions, and Obligations contained herein this Automatic Bank Payment Agreement shall not be deemed to constitute a waiver of any subsequent breach of that or any other term, provision, condition, or obligation or of any right to thereafter enforce these Terms, Provisions, Conditions, and/or Obligations.
ACCESS TO THIS AGREEMENT
To access this Agreement in the future through our main web site, go to the home page footer navigation and click on “Legal”. On that page You and Your Organization will find easily identifiable links to this and Merchant Doodle’s other payment method Agreements.
You may always visit our Legal Page Here for more information.
If You or Your Organization are viewing this Agreement on a web site, please print a copy of this Agreement for Your future reference.
CONTACTING US
You may contact your Merchant Doodle representative, or you may call us at (888) MDOODLE during normal business hours of Monday – Friday 9:00 am to 5:00 pm Eastern Time, Saturday – Sunday 10:00 am to 3:00 pm Eastern Time. We welcome your questions or comments in writing regarding this Automatic Bank Payment Agreement.
Please contact Merchant Doodle in writing at:
Merchant Doodle
2614 Tamiami TRL N Ste 436
Naples, Florida 34103
Attn: Legal Counsel
ELECTRONIC AUTHORIZATION
This Automatic Bank Payment Agreement is not transferable outside of Your Organization and must be agreed to by the person(s) authorized on Your Merchant Doodle account and in Your billing portal page which includes You and/or Your Organizations Designated Billing Contact(s), by signing this Agreement and “Accepting Its Terms” when You request Your Organization’s account and access Your Organizations billing portal page. You and Your Organization and Designated Billing Contact(s) also attest, guarantee, and warrant that You are the legal account holder(s) for this (and every subsequent) bank account, credit card , debit card , and prepaid card entered and used in Merchant Doodle’s Automatic Bank Payment process and/or Automatic Payment Card Payment method, and that You and Your Organization are legally authorized to enter into this legally-binding Automatic Bank Payment Agreement with Merchant Doodle. You and Your Organization agree to indemnify, defend, and hold Merchant Doodle and its sponsors, partners, affiliates, and third party service providers harmless against any liability and/or penalty pursuant to this authorization and this Agreement. You and Your Organization also agree that You and Your Organization will not dispute any withdrawal(s) from Merchant Doodle unless You and Your Organization have already attempted to rectify any, every, and all issues and situations that may arise, directly with Merchant Doodle, and those attempts have failed. Additionally, You and Your Organization acknowledge, understand, and agree with and further agree to abide by, all the terms, provisions, conditions, and obligations and details of this Automatic Bank Payment Agreement and the Automatic Bank Payment processing method as applicable, including without limit the Merchant Doodle service(s) You and Your Organization have requested and selected and each of those services’ required terms, provisions, conditions, and obligations. Lastly, you hereby acknowledge and certify you have read, understand, and agree to be bound by the parameters, terms, policies, procedures, provisions, obligations, and requirements of those Merchant Doodle plan(s) and service(s) specifically requested by You and Your Organization, including Merchant Doodle’s other Legal Agreements including but not limited to its Terms of Use, Privacy Policy, Earnings Disclaimer, and Copyright Notice generally.
YOUR AUTHORIZATION AND AGREEMENT
By providing Your and/or Your Organizations Official ACH Authorization Form and bank account number and information, credit card, debit card, and/or prepaid card information and details as applicable (the “Payment Method”), You on Your own behalf and behalf of Your Organization do attest to, certify, guarantee, and warrant the following promise and intentional statement to be your true and correct legally binding contract:
“I as agent for Myself and as an Authorized Person on behalf of My Organization hereby state, declare, and AGREE that I have read and understand this Automatic Bank Payment Agreement. In addition, I hereby authorize Merchant Doodle to withdraw the full amount required by Me and My Organizations requested and agreed upon service(s), plan(s), contract(s), and other agreement(s), from the specified ACH Automatic Bank Payment Method I have provided, once every month or more frequently as herein described; and I on behalf of Myself and My Organization authorize the financial institution for my specified and Designated Bank Account for this Automatic Payment Method I have provided to withdraw from and/or debit My and/or My Organizations bank account and remit payment for My and/or My Organizations payment to Merchant Doodle Inc. This authority will remain in effect until I as authorized person(s) for My Organization or My Organizations other Designated Billing Contact(s) give notification as required under this Automatic Bank Payment Agreement to Merchant Doodle to terminate this authorization.”
By providing Your and/or Your Organizations Official ACH Authorization Form and bank account number and information, credit card, debit card, and/or prepaid card information and details as applicable (the “Payment Method”), You on Your own behalf and as Authorized Person(s) on behalf of Your Organization do attest to, certify, guarantee, and warrant the foregoing above provisions, promise(s), and intentional statement(s) to be your true, correct, and legally binding contract.
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