AUTOMATIC CARD PAYMENT AGREEMENT
This is an Automatic Payment Card 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 Payment ACH Payment Method, please visit: the Merchant Doodle Automatic Bank Payment Agreement.
DEFINITIONS
“We,” “Us”, “Our” and “Merchant Doodle” means Merchant Doodle Inc., authorized to make electronic charges for any and all of our business service(s) as 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 electronic charges for our business service(s) requested by You and Your Organization and provided to Your Organization and You by us. “Automatic Payment Card Payment” means charges automatically charged to your designated Payment Card on the scheduled charge date(s) for any and all amounts due. “Payment Card” means any credit card or debit card, including reloadable pre-paid cards including any and all cards used by You or Your Organization. “Business day” means Monday through Friday, excluding our company holidays.
Please read this Agreement carefully and in full before agreeing to have an account created for You and Your Organization and authorizing this Automatic Payment Card Payment method. Please verify that all information provided is up-to-date, complete, and accurate before confirming agreement with this Agreement for Your Organization(s), Your Organizations Billing Contact(s), and Yourself.
FREQUENCY OF PAYMENTS
I understand the Automatic Payment Card Payment will be charged to my Payment Card on the scheduled charge date(s) for the amounts due each month (the “Monthly Payment”) for renewal and continuation of my organizations requested service(s) on an ongoing and recurring basis until cancelled. I will also receive a post-payment confirmation by email following any and all recurring payments. I will not receive any advance notice of any charges(s) before the charge date, but I will always receive post-payment confirmation at the email address used when registering (the “Registered Email Address”) My Organization for the requested Merchant Doodle service(s). If I should ever be charged for any reason including being charged on my regular monthly invoice due date and fail to receive a post-payment confirmation by email, I will contact “billing” at Merchant Doodle immediately to report the event.
After the initial charge(s), the recurring charge(s) will begin with the next scheduled payment date. I understand that payments with automatic charge dates 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 charge(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, charges 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 the referenced Payment Card; and if necessary, Merchant Doodle may electronically debit or credit my Payment Card 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 on this Payment Card to cover these and any other charges.
I agree to receive information and Service Notices via my registered email address regarding Automatic Payment Card Payment 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 Payment Card Payment method services 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 email address(es) on file and specified by You. You will not receive any advance notice of any payment(s) charged, 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 Organizations account at the conclusion of any Period.
At the beginning of each Period, payment will be charged 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 Your Organization has requested and agreed to on your separate Merchant Doodle service(s) agreement(s), as shown on the date and at the time that the payment is charged.
PAYMENT METHODS
Merchant Doodle supports payment via three methods: Credit Card/Debit Card, ACH (Direct Debit), or traditional invoice. Both our Automatic Payment Card Payment method accepting credit cards/debit cards and our ACH (Direct Debit) Bank Payment processes are handled and 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 Payment Card Payment charges.
Credit Card/Debit Card and ACH 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 entering or changing your payment method’s information on the billing link sent to Your Organization and/or Your Organizations billing portal page, You are authorizing Merchant Doodle to process payment 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 credit card or debit card to another credit card or debit card or to a bank account, you may do so at your convenience on Your Organization’s billing portal page. The change will be processed immediately, and any future payments will be charged to or withdrawn from the updated payment method. If there were any pending and/or failed charges to or withdrawals from the old payment method, those charges or withdrawals will be immediately charged to or withdrawn from your new payment method.
CHANGING SERVICE(S) OR PLAN(S)
You may change services 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 charges 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 specified Payment Method 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 PAYMENT CARD PAYMENTS
1. Funds charged 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 the Designated Payment Card account on the payment date, whether or not that date falls on a business day.
AUTOMATIC PAYMENT CARD PAYMENT FAILURE / PAYMENT NOT HONORED
If we are unable to electronically charge any payment(s) to your Payment Card, 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.
Should your Automatic Payment Card Payment be declined, You will be contacted by phone or email and your Automatic Payment Card Payment may be re-tried.
When re-tried, Your Automatic Payment Card Payment(s) will be re-tried as follows:
1) Four (4) days after the first (1st) failure (the second attempt).
2) Four (4) days after the second (2nd) failure (the third attempt).
3) Four (4) days after the third (3rd) failure (the fourth and final attempt).
If your Automatic Payment Card Payment is declined or fails for any reason on the fourth (4th) 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) specified for Your Organization, and Your Organization’s account will be suspended, deactivated, canceled, 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 amounts 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 Payment Card 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.
REMOVAL FROM THE AUTOMATIC PAYMENT CARD PAYMENT METHOD
If any payment is denied, returned to us unpaid, or otherwise not honored, we may remove Your Organizations billing account from the Automatic Payment Card Payment method. If this occurs, Your Organization will need to re-enroll for the Automatic Payment Card Payment method by agreeing to and completing a new Automatic Payment Card Payment Authorization Form with up-to-date and valid Payment Card information and details.
EXCESSIVE RETURNED PAYMENTS OF STOPPED CHARGES
If Merchant Doodle receives multiple returned Automatic Payment Card Payments or multiple stopped charges, Your Organizations billing account may become ineligible for the Automatic Payment Card 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 a Payment Card charge for the total payment due including both the amount past due and the current amount due, including any associated fees. The Payment Card charge 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 charge, or pay only the amount past due, call us at (888) MDOODLE at least seventy-two (72) hours prior to the Automatic Payment Card Payment charge 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 Payment Card Payment charge 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 Organizations Designated Billing Account, please check the status of Your outstanding billing invoice/statement at that time. We will discontinue future Automatic Payment Card Payment charges once we process the request to cancel the service(s); however, it is possible that an Automatic Payment Card Payment charge may be processed around the same time as Your service(s) cancellation request.
CANCELLATION OF THE AUTOMATIC PAYMENT CARD PAYMENT METHOD AND CHARGES
Your authorization for Automatic Payment Card Payment charges remains in effect until we have received notice from You or Your Organizations Designated Billing Contact(s) of its termination, in such time and manner as to afford us a reasonable opportunity to act upon it.
To Discontinue Automatic Payment Card Payment charges:
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 Payment Card Payment charges scheduled within five (5) business days after your request may still take place. If you are signed up to have Your payments automatically charged 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 Payment Card Payment charges once we process your request to cancel your service(s); however, it is possible that an Automatic Payment Card Payment charge may be processed around the same time as the service(s) cancellation(s).
CANCELLATION OF ACCOUNT AND THE AUTOMATIC PAYMENT CARD PAYMENT METHOD
You have the right to change your payment method and/or withdraw your consent to this Automatic Payment Card 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 charges will be refunded, and any overages or other charges incurred up to the point of cancellation will be charged to or withdrawn from the currently selected payment method at that time. Additionally, no refunds for negative balances will be issued.
RE-ESTABLISHING AN ACCOUNT AND THE AUTOMATIC PAYMENT CARD 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 Payment Card 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.
BILING 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 Payment Card 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 Payment Card 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 Payment Card 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 Payment Card 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 Payment Card Payment Agreement and Your and Your Organizations participation in this Automatic Payment Card 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 Payment Card Payment method and agree to and authorize this Automatic Payment Card 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 payments authorized using Merchant Doodle’s Automatic Payment Card Payment method. If you permit any other person(s), group(s), organization(s), and/or other entity(ies) to use Merchant Doodle’s Automatic Payment Card 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 Payment Card 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 Payment Card account including related information and details, is and remains current, up-to-date, accurate, and valid. Merchant Doodle is not responsible for any payment processing or bank account withdrawal errors or fees incurred if You or Your Organization do not provide accurate organizational billing account, contact and email address, and Payment Card account and/or Bank 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 You or Your Organizations Payment Card account information and details. To change this information, either update Your billing account and/or Your Payment Card account 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 Payment Card 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 Payment Card 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 PAYMENT CARD 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 Payment Card 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 Payment Card 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 Payment Card 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 Payment Card 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 Payment Card 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) credit card , debit card , prepaid card, and bank account entered and used in Merchant Doodle’s Automatic Payment Card Payment method and/or Automatic Bank Payment process, and that You and Your Organization are legally authorized to enter into this legally-binding Automatic Payment Card 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 charges 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 Payment Card Payment Agreement and the Automatic Payment Card Payment 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 credit card, debit card, and/or prepaid card information and details and/or Your and/or Your Organizations Official ACH Authorization Form and bank account number and information 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, correct, and 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 Payment Card Payment Agreement. In addition, I hereby authorize Merchant Doodle to charge the full amount required by Me and My Organizations requested and agreed upon service(s), plan(s), contract(s), and other agreement(s), to the specified Payment Card for this Automatic 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 Designated Payment Card Account to charge and/or debit My and/or My Organizations 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 Payment Card Payment Agreement to Merchant Doodle to terminate this authorization.”
By providing Your and/or Your Organizations credit card, debit card, and/or prepaid card information and details and/or Your and/or Your Organizations Official ACH Authorization Form and bank account number and information 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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