Terms of Service
PW Inc. has developed a payment platform and advertising monetization service (the “Service”) to allow merchants to easily accept numerous payment options online along with a subsidized payment form through incentivized ads from your customers for the purchase of your goods or service.
The Terms of Service detailed below will explain to you what you agree to when you use the Service. Additional terms and requirements may apply to select products and services, including but not limited to those listed below. The additional terms will become part of your agreement with us if you use those services.
- MINT - Terms and Conditions
PW Inc. does not assume any liability for the products or services purchased using our Service. You will be required to register with PW Inc. to use the Service.
We provide the PW Inc. API and other software to enable you to use the Service. We reserve the right to require you to install or update any and all software updates to continue using the Service. Our Service also includes software to help you manage recurring and subscription billing charges along with automatically billing a user’s account for your products/goods and services. It is your responsibility to obtain your customers’ consent to be billed on a recurring basis in compliance with applicable legal requirements and payment systems rules.
Authorization for Handling of Funds
By accepting this Agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from your payment transactions settle from the payment partners. You also authorize PW Inc. to hold settlement funds in a deposit account pending disbursement of the funds to you in accordance with the terms of this contract. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account pending settlement to your designated deposit account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account. We will display the anticipated settlement in the admin dashboard that we have or are set to receive on your behalf. This settlement information does not constitute a deposit or other obligation of PW Inc. to you. This settlement information reflected in the PW Inc. admin report is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated deposit account. Your authorizations set forth herein will remain in full force and effect until your PW Inc. account is closed or terminated.
Our service provides a payment platform including different payment systems that feature but are not limited to credit cards, debit cards, prepaid cards, bank transfer, ewallets, mobile, payment kiosks, and others.
You may select and activate any payment options made available to you in the admin area.
Third Party Services
If you click on a third party link or opt to use a third party service, such as a payment option or other service provider, you may be directed to that third party’s website. The fact that PW Inc. links to a third party website or service is not an endorsement or representation of any affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. PW Inc. does not exercise any control over third party websites or services. By choosing to navigate to third party sites, you agree that PW Inc. is not liable for the content or services of that third party and that you shall be subject to the terms and conditions of the respective third party. By choosing to access or use such third party services, you agree that such services are provided “as is,” “with all faults,” and without any warranty of any kind. Only use and implement third party services at your own risk. PW Inc. is not liable to you, or any third party, in any way, for any losses, damages, costs or other expenses arising from your use of third party services.
Avalara AvaTax tax calculation is provided “AS IS,” “WITH ALL FAULTS,” and without any warranty of any kind. Use and implementation of Avalara AvaTax tax calculation is at your own risk. Neither Avalara nor PW Inc. shall be liable to you, or any third party, in any way, for any losses, damages, costs or other expenses arising from your use of Avalara AvaTax tax calculation.
It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.
Pursuant to the Internal Revenue Code, PW Inc. will report to the Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable governmental laws and rules in connection with your collection, security and dissemination of any personal, financial, payment, or transaction information (defined as “Data”) on your website.
You are also responsible for your login credentials to the Admin area via PW Inc.. PW Inc. will provide its best efforts in order to keep your account secure from fraudulent logins.
If you use Brick, you agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. If we believe it is necessary based on your use of Brick or the PW Inc. platform and we request it of you, you will promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS. You also agree that you will use only PCI compliant service providers in connection with the storage, or transmission of data, including a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.
If we believe that a security breach or compromise of data has occurred, PW Inc. may require you to have a third party auditor that is approved by PW Inc. conduct a security audit of your systems and facilities and issue a report to be provided to PW Inc., financial banks, and our payment systems.
Information you choose to upload may be used to payment system partners only to provide you with more payment options. PW Inc. will never sell any of your or your user data to a third party for marketing purposes.
Privacy of Others
You represent to PW Inc. that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to PW Inc., or PW Inc. to collect, use, retain and disclose any User Data that you provide to us or authorize us to collect. As between you and PW Inc., you are solely responsible for disclosing to your customers that PW Inc. is providing payment services for you and obtaining Data from you about such customers.
If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose payment information to any third party, other than in connection with processing a payment for your users under this Service.
You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the payment options as a way to advance money to users via payment methods, (ii) submit any payment transactions for processing that did not arise from your sale of goods or service to a buyer customer, or acceptance of a bona fide charitable donation, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent payment transaction, or (v) use PW Inc. in a manner that our payment partners believe you are abusing PW Inc.’s services and violate the applicable rules.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access PW Inc. systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from PW Inc.; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
Suspicion of Unauthorized or Illegal Use
We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other PW Inc. agreement, or exposes you, other PW Inc. users, our processors or PW Inc. to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your PW Inc. Service Account if they request it through a court order or if it is deemed illegal by the United States government.
Disclosures and Notices
You agree that PW Inc. can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your PW Inc. account, or mailing them to the address listed in your PW Inc. Merchant Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
References to Our Relationship
You agree that, from the time you begin processing payment with PW Inc. until you terminate your account with us, we may identify you as a customer of PW Inc.. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and PW Inc..
The PW Inc. Service is only made available under this Agreement to persons in all countries except ones listed on the United States embargo list and that You operate a business selling digital goods or services, or to accept donations for a bona fide charitable organization, and the PW Inc. Service is not made available to persons to accept card payments for personal, family or household purposes. To use PW Inc. to receive payments, you will first have to register. When you register for PW Inc., we will collect basic information including your name, company name, location, and email address. If you have not already done so, you will also be required to provide an email address and password for your PW Inc. account.
The person who registers for their PW Inc. account will be doing it for as an individual (sole proprietor) or on behalf of a the business and they have the authority to bind the business with this Agreement.
Company Name and Site URL
As part of your registration, you must provide your site URL (e.g. www.MySite.com) and the name under which you do business (which may be the business’s legal name or a “doing business name”) (e.g. MySite Online Widgets). This name and URL must be accurate in order for us to verify your account.
Verification and Underwriting
To verify your identity, we will require additional information including your business EIN or Tax ID, social security number, and government ID. We may also ask for additional information to help verify your identity and assess your business risk including business invoices, a business license or a financial statement. If PW Inc. does not receive the necessary forms of identification, the settlement will be held until PW Inc. has verified You and your account.
After we have collected and verified all your information, PW Inc. will be able to settle your account.
By accepting the terms of this Agreement, you are providing us with authorization to retrieve information about you by using third parties, including credit bureaus and other information providers. You acknowledge that such information retrieved may include your name, address history, credit history, and other data about you. PW Inc. may periodically update this information to determine whether you continue to meet our eligibility requirements.
PW Inc. Service
By registering for PW Inc., you agree that you can legally work with a U.S. corporation.
PW Inc. may only be used to process payments for businesses in all countries except ones listed on the United States embargo/one's that PW Inc. has allowed you to sell in via the Admin area.
By accepting this Agreement you confirm that you will satisfy these requirements.
By registering for PW Inc., you are confirming that you will not use the Service to accept payments in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) accepting phone and payment information over the phone (virtual terminal), (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing User’s data with another merchant for payment of up-sell or cross-sell product or service, (6) any product or service that infringes upon the copyright, trademark or trade secrets of any third party, (7) remote assistance sites, (8) forex trading or (9) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more of our payment systems.
By accepting this Agreement you confirm that you will satisfy these requirements.
Payouts and Transaction History
We will pay out funds settled from the payment options to your designated deposit account (less our Fees as defined below) for payments processed with our Service. The payouts will be made to the deposit account (“Deposit Account”) you provide for your PW Inc. Service Account. The Deposit Account must be an option made available in the Payout Settings in the admin area. You are responsible for the accuracy and correctness of information regarding your Deposit Account. Funds for any given transaction will not be transferred to your Deposit Account until the funds are collected from the payment provider. Funds will be deemed collected when we have received funds settling from the payment systems. The actual timing of the transfers to your Deposit Account of the settling funds will be subject to the Payout Schedule as defined below.
After each payout of your settlement funds to your Deposit Account, we will update information in your PW Inc. Admin Account to reflect the settlement data. Information regarding your payment transactions processed and settled with the Services (“Revenue Report”) will be available to you when you login to our website using your PW Inc. Admin Account. We provide a minimum of one year of Revenue Report on our website. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your PW Inc. Admin Account, your Revenue Report and your use of the Service.
Payout schedule refers to the time it takes for us to initiate a transfer to your designated Deposit Account of settlement funds arising from payment transactions processed through the Service (“Payout Schedule”). Once your Deposit Account information has been verified, PW Inc. will initiate transfer of settlement funds (net of Fees, chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be made available to you when you login to your PW Inc. Admin dashboard. The settlement funds should normally be credited to your Deposit Account within 1-5 business days of us initiating the payout. We are not responsible for any action taken by the institution holding your Deposit Account that may result in some or all of the funds not being credited to your Deposit Account or not being made available to you in your Deposit Account. You can contact PW Inc. to inquire about changing the timing of your Payout Schedule. Upon submitting a request, you will be informed of the process and requirements for PW Inc. to review your Payout Schedule.
PW Inc. reserves the right to change the Payout Schedule or suspend payouts to your Deposit Account should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or refunds, or other suspicious activity associated with your use of the Service or if required by law or court order.
Refunds and Returns
By accepting PW Inc.’s Terms of Service, you agree that end users may contact PW Inc. for refund requests. Refunds may also be processed directly by you through the PW Inc. admin area here.
Please be aware that refunds are not available for third party payment options, including the ones listed below:
- Boleto bancario
- Fanapay Member Wallet
- SanalPara Postal Check
- GASH Card
- Ticket Surf
- GASH Member wallet
- Gudang Voucher
- myCard Card
- VTC Telco Cards
- myCard Member Wallet
- Webmoney JP
- Allopass Landline
Refunds for payment options, listed below, are not guaranteed and will be processed on a case by cases basis:
- MOL Points
PW Inc. may issue refunds on your behalf if we deem the payment to be fraudulent, made by a non-verified user or if it is an illegal transaction.
For all refunds processed, PW Inc. will deduct the refund amount (including any applicable third party fees) from (i) settlement funds owed to you from payments made via payment systems on the PW Inc. platform, or (ii) funds in any reserve account. If PW Inc. can not settle the refund from your settlement funds or a reserve account, you agree to pay all refund fees (including third party refund processing fees) to PW Inc..
A Chargeback is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge backs for: (i) customer disputes, or (ii) unauthorized or improperly authorized transactions, or (iii) transactions that do not comply with payment system agreements or the terms of this Agreement or are allegedly unlawful or suspicious, or (iv) any reversals for any reason by the payment system or the Cardholder bank.
When a Chargeback is issued, you are immediately liable to PW Inc. for the full amount of payment of the Chargeback plus any associated Fees, fines, expenses or penalties (including those assessed by the payment systems). You agree that PW Inc. may recover these amounts by debiting your Deposit Account or setting off any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you.
Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.
Contesting your Chargebacks
PW Inc. will elect to contest Chargebacks assessed to your account. PW Inc. may provide you with assistance including notifications and software to help contest your Chargebacks. We also have a Chargeback Policy in the admin area you can review detailing our Chargeback Policy (found here).
At any point, PW Inc., or our payment systems may determine that you are incurring excessive Chargebacks. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in additional controls and restrictions to your use of the PW Inc. Service, including without limitation, (i) changes to the terms of your Reserve Account, (ii) increases to your applicable Fees, (iii) delays in your Payout Schedule, or (iv) possible suspension or termination of your PW Inc. account and the Service. The payment systems may also place additional controls or restrictions as part of their own monitoring programs for merchants with excessive Chargebacks.
PW Inc. Fees
You agree to pay the Fees (“Fees”) assessed by us to you for providing the payment services described in this Agreement.
Our Collection Rights
To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from your Deposit Account. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Additionally, we may require a personal guaranty from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.
Representations and Warranties
Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
Each party agrees to indemnify and hold the other party and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys' fees, arising out of any third party claims resulting from the breach of the representations, warranties and covenants made by such party herein. The indemnifying party reserves the right, at the indemnifying party's expense, to assume the exclusive defense and control of any matter for which the indemnifying party is required to indemnify the indemnified party and the indemnified party agrees to cooperate with the indemnifying party's defense of such claims.
No Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION “REPRESENTATIONS AND WARRENTIES:, PW Inc. MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PW Inc. DOES NOT WARRANT THE RESULTS OF USE OF THE PW Inc. SERVICE, INCLUDING, WITHOUT LIMITATION, THAT YOU WILL EARN ANY PARTICULAR AMOUNTS (OR ANY AMOUNTS) HEREUNDER.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PW Inc. OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF PW Inc. OR AN PW Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASES OF BREACHES, IN NO EVENT WILL PW Inc.'S OR ITS AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID OR PAYABLE TO YOU FOR ADVERTISEMENTS ACTUALLY DELIVERED BY YOU PURSUANT TO THE INSERTION ORDER TO WHICH THE CLAIM RELATES.
You acknowledge that PW Inc. will provide payment options and third-party Advertisements using its PW Inc. Service for display on the Site pursuant to this Agreement, and You will use commercially reasonable efforts to assist PW Inc. in implementing such technology. You agree that it will use any data (including any usage data and compilations thereof), information or software provided by PW Inc. to You only for the purpose of providing Advertisements for PW Inc. on the Site as set forth in this Agreement. PW Inc. will own and retain all rights, title, and interest in and to the PW Inc. Service (except for any licensed content and third-party Advertisements included therein), including all data (including any usage data and compilations thereof), information and software related thereto. You acknowledge that the software, information and data related to the PW Inc. Service (including, without limitation, any usage data or compilations thereof) are protected by PW Inc. copyrights and may contain trade secrets or other intellectual property owned by PW Inc.. You agree not to copy, alter, modify, or create derivative works of any such data, information or software or the PW Inc. Service or otherwise use the PW Inc. Service or any such data, information or software in any way that violates the use restrictions contained in this Agreement.
PW Inc. does not grant You any license, express or implied, to the intellectual property of PW Inc. or its licensors.
The term of this Agreement will be one (1) year from the date that Your application is accepted by PW Inc.. The agreement will automatically renew itself for another year at the expiration date unless a written notice is given to the other party to terminate the agreement. PW Inc. or You may terminate this Agreement at any time for any reason or for no reason immediately to the other party. In addition, in the event of a material breach by one party, the non-breaching party may terminate this Agreement immediately without prior notice or cure period. In the event of any termination, PW Inc. will remain liable for any amount due of that was collected minus PW Inc. fees and all other third party payment fees delivered prior to the effective date of termination and such obligation to pay shall survive any termination of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by PW Inc. to an entity that succeeds to all or substantially all of PW Inc.'s business or assets. PW Inc. and You are independent contractors, and neither PW Inc. nor You are an agent, representative or partner of the other.
This Agreement sets forth the entire agreement between PW Inc. and You, and supersedes any and all prior agreements (whether written or oral) with respect to the subject matter set forth herein. Any dispute hereunder will be negotiated in good faith between the parties within forty-five (45) days commencing upon written notice from one party to the other. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state or federal courts in and for San Francisco, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. This Agreement may be amended only in writing and executed by a duly authorized representative of each party. Any notices under this Agreement shall be sent to PW Inc. Headquarters (630 South Rancho Drive, Suite F, Las Vegas, NV 89106) by facsimile or nationally recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
630 South Rancho Drive, Suite F
Las Vegas, NV 89106
You may reach us via e-mail at firstname.lastname@example.org
Terms of Service effective as of April 20, 2010
Terms of Service last modified on March 31, 2015