Last Updated: January, 22, 2024


The Payments by Invoice Simple Service 

This Service allows you to accept payments initiated using one of the electronic payment methods enabled by a third party payment processor over the Automated Clearing House (ACH) Network (collectively, the “Networks”). These transactions are between you and the people who pay you (“Customers”). To facilitate your receipt of payment, Invoice Simple initiates the payment process by providing information to a payment processor. Invoice Simple is not a bank, a money services business, or a payment processor and will not hold funds from a payment transaction at any time. The payment processor relays the information to a bank (the “Bank”) that is a member of the Networks.
The Bank’s obligation to pay you as the Merchant is subject to:
  • the provisions of its agreement with Invoice Simple, or
  • the “Operating Regulations” of the particular Network
  • The “Operating Regulations” are the guidelines, by-laws, operating regulations and all other rules, policies and procedures of the Networks supported by Invoice Simple including the payment card network operating rules for Visa, MasterCard, Discover or the American Express networks; and the NACHA operating rules governing the ACH network

Registration and Account 

Registration
The Service is offered to persons in the United States operating a business selling goods or services. To use the Service, you must register with Invoice Simple to create a Payments by Invoice Simple account (the “Invoice Simple Payment Account”) and you must be at least 18 years old. You may register as an individual (sole proprietor) or as a company or other business entity. If you register as a company or other business entity, you must provide information about the business, as well as information about an owner or principal of the business and you (meaning the individual registering) must be authorized to act on behalf of the business. By registering for an Invoice Simple Account, you represent and warrant that you are registering on your own behalf, or that you are registering on behalf of a business or nonprofit organization and you have the authority to enter into this agreement on its behalf. Your acceptance of this Agreement constitutes acceptance by the business or nonprofit organization.
During the registration process, Invoice Simple collects information about the business owner, including if applicable, but not limited to the following:
  • Name,
  • Address
  • Date of birth,
  • Social Security Number (SSN),
  • Business Name,
  • Tax Identification Number (TIN),
  • Business Address,
  • Telephone Number,
  • Website.
Invoice Simple may request supplemental documentation for identity verification at any time and you agree to provide said documentation upon request. This documentation may include, but is not limited to:
  • Government issued identification (such as passport, driver’s license),
  • 
Business license
  • Articles of incorporation
We also require additional information for underwriting and other purposes as set forth below.


1. Verification & Accuracy

You must provide accurate and complete information. If we cannot verify that the information you provide is complete and accurate, we may deny your use of the Service, or close your Invoice Simple Payment Account. You agree to immediately notify us if you discover that any information which you provided to us is inaccurate or out of date and to immediately correct and update all such information as necessary from time to time.
You authorize Invoice Simple, directly or through inquiry of third parties, to verify the accuracy of any information you provide. If you are the business owner or principal of the business registering, you authorize Invoice Simple to obtain a consumer report on you from a consumer reporting agency.


Underwriting and Sharing Information 

Invoice Simple may share some or all of the information about you, your website and business, your use of this Service, and your transactions with our partners and service providers (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with Invoice Simple, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. You agree that Invoice Simple, its partners and service providers (and their respective affiliates, agents, subcontractors and employees) are permitted to conduct monitoring of your Merchant website and payment transactions. The Networks may use your name, address, and website address (URL) in any media from time to time in lists of Merchants published by the Networks. At any time, Invoice Simple, its processor or its other partners may conclude that you will not be permitted to use the Service.
If you are the business owner or principal of the business registering, You authorize Invoice Simple, directly or through inquiry of third parties, to request a consumer credit report from a consumer credit reporting agency. We may periodically obtain additional credit reports to determine whether you continue to meet the requirements for the Service.
You agree that Invoice Simple is permitted to contact banks and other financial institutions, your customers or your customer’s bank and obtain information, as permitted by applicable law, about the business registering for the Service, the business owners or principals and accounts held by the business, business owners or principals. Invoice Simple is also permitted to share information about you in accordance with our Privacy Policy. This includes sharing information:
for regulatory or compliance purposes, 
for use in connection with the management and maintenance of the Service, 
for the maintenance of customer records about you and to assist us in better serving you, and 
to conduct Invoice Simple’s risk management process.
We collect, disclose, use and process information to share and exchange reports and information with credit reporting agencies, credit bureaus and/or any other person, corporation, firm or enterprise with whom you have or propose to have a financial relationship including merchants that accept our cards and to use other third party databases (including registries, licensing authorities, identification services, telecom providers) or references provided by you to obtain or verify information about your financial circumstances, your background, to identify you and detect fraud; We may verify name, address, phone number, email, and other information;
You consent to our collection, disclosure, use and processing of Information about you for the purposes described above. You authorize third parties to give us the Information for these purposes.


Accounts 

Settlement Account

By agreeing to this Agreement, you authorize the Bank to hold, receive, and disburse funds on your behalf. You authorize Invoice Simple to instruct the Bank on the manner in which your card transaction settlement funds should be disbursed and the timing of such disbursements. Any funds held by the Bank on your behalf will be referred to as your “Settlement Account,” but such funds are held by the Bank and commingled with other Merchants’ funds in one or more pooled accounts. These pooled accounts are established in the Bank’s name for this purpose. Creation and maintenance of pooled accounts is done at the sole discretion of the Bank. Invoice Simple has no ownership or control, and no right, title or interest in any account in which Merchant funds are held.
Funds associated with your Settlement Account will be held by the Bank, separate from any account used for Invoice Simple corporate funds. Invoice Simple will not and cannot use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds held by the Bank in association with your Settlement Account. As consideration for using the Service, you irrevocably assign to us or the Bank all rights and legal interests to any interest and/or other earnings or benefits that may accrue or are attributable to the Bank holding your funds in the Settlement Account or Reserve (defined below).
You agree that you have no right to direct the funds in the Settlement Account, and that you may not assign any interest or grant any security interest or lien in the Settlement Account.
Your authorizations set forth herein will remain in full force and effect until your Invoice Simple Payment Account is closed or terminated.
If you carry a negative balance in your Settlement Account for an extended period of time (as defined by Invoice Simple or the Bank in their discretion), the Bank may close your Settlement Account, we may terminate the Service provided to you and we may pursue legal action or other collection efforts.


Designated Merchant Bank Account 

You will be required to provide information regarding a valid bank account (“Designated Merchant Bank Account”), and you must authorize us and the Bank to debit or credit the Designated Merchant Bank Account for amounts owed to you or by you in connection with the Service. You agree that we and the Bank shall have the right to deduct funds from the Designated Merchant Bank Account to cover any amounts owed by you to either of us.


Reserve 

At any time and from time to time, we or the Bank may temporarily suspend or delay payments to you and/or designate an amount of funds that you must maintain in your Settlement Account (“Reserve”) to secure the performance of your payment obligations under this Agreement. We or the Bank may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service.
The Reserve will be in an amount as reasonably determined by us or the Bank to cover anticipated chargebacks on a payment card network and returns or disputes on the Automated Clearinghouse (ACH) network, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by Invoice Simple or the Bank, in their sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you, or otherwise as Invoice Simple or its processor or the Bank may determine or require.
If you do not have sufficient funds in your Reserve, the Bank may fund the Reserve from any funding source associated with your Settlement Account, including the Designated Merchant Bank Account or any amount Bank owes you, including but not limited to any funds:
  1. credited to you or your Settlement Account, Designated Merchant Bank Account or any other funding source associated with your Settlement Account,
  2. due to you under this Agreement, or
  3. available in any account, or other payment instrument registered with us.
You grant us a security interest in the funds in your Settlement Account, including any Reserve, and those funds will be available to Invoice Simple and the Bank for amounts you owe to us. You agree to execute any additional documentation required for us to perfect our security interest in any funds in your Settlement Account or the Reserve. This security interest survives for as long as there are funds in your Settlement Account or Reserve; however, it does not apply to any funds for which the grant of a security interest would be prohibited by law.
You irrevocably assign to us or the Bank all rights and legal interests to any interest or other earnings that accrue or are attributable to your Reserve.


Our Fees 

In addition to any fees you agrees to pay to a payment processor, you will also pay fees to the us for the payment processing services.  Fees for the payment processing services are subject to change at our discretion.  The standard fees for the payment processing services are posted at [https://www.invoicesimple.com/payments-fee-schedule] , (the “Posted Fees”).  If your fees for the payment processing services are subject to an alternative arrangement to the Posted Fees, we will provide you with such fee arrangement in writing.


Taxes 

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld, in connection with your use of the Service (“Taxes”). You are solely responsible for collecting, withholding, reporting and remitting correct any Taxes to the appropriate tax authority. Invoice Simple is not obligated to, nor will we determine whether taxes apply, or calculate, collect, report or remit any Taxes to any tax authority arising from your use of the Service.
Invoice Simple or the Bank will report payments and other information related to this Service to regulatory or government authorities as required by law. For example, Invoice Simple or the Bank will report to the Internal Revenue Service (“IRS”) on Form 1099-K as required by law, your name, address, Tax Identification Number (such as Employment Identification Number or Social Security Number), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.


Use Restrictions 

Restricted Use

You will not, and will use commercially reasonable efforts to make sure a third party does not:
  1. Act as a money services business, money transmitter, payment intermediary, aggregator or service bureau or otherwise resell our services on behalf of any third party.
  2. Use the Service to handle, process or transmit funds for any third party.
  3. Abuse the payment system or violate the Operating Regulations, in the reasonable opinion of the Networks or Invoice Simple;
  4. Transferring funds between bank accounts held in the same name;
  5. Use the Service to process cash advances.
  6. Sell, resell, lease or the functional equivalent, the Service to a third party;
  7. Attempt to create a substitute or similar service through use of, or access to, the Service;
  8. Use the Payments by Invoice Simple to export or re-export any Service(s) or content thereon or any portion thereof, in violation of the export control laws and regulations of the United States of America.
  9. Use the Services, or a component of the Services, in a manner not authorized by Invoice Simple or outside of the intended use of the Service.
  10. In addition, you agree not to, and not to allow third-parties, agents, affiliates or designees to, access or use the Service:
    1. Except as required in connection with the Payments by Invoice Simple Service, to post, store, e-mail, upload, scan or otherwise provide to Invoice Simple, either directly or indirectly, otherwise confidential information to the Service, including, without limitation, any third party’s payment information, or your or any third party’s social security, social insurance, or alternate government-issued identity numbers,
    2. To post, transmit, or distribute content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others;
    3. To violate, or encourage the violation of, the legal rights of others;
    4. For any illegal, unlawful, invasive, infringing, defamatory or fraudulent purpose;
    5.
To collect, or attempt to collect, personal information about users or third parties without their consent, or using such information except as necessary to use the Service;
    6.
To send unsolicited offers, advertisements, proposals, or junk mail or spam to others;
    7.
 To, intentionally or otherwise, distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;
    8. To interfere with the use of the Service, or the equipment used to provide the Service, by customers, or other authorized users;
    9. To alter, disable, interfere with or circumvent any aspect of the Service;
    10. To violate the security of Payments by Invoice Simple or attempt to gain unauthorized access to any Service, or Invoice Simple’s computer systems or networks connected to any server associated with Invoice Simple; or
    11.

To attempt to reverse engineer Payments by Invoice Simple or any other Service or any component thereof;

Unauthorized or Illegal Use 

In addition, you will use commercially reasonable efforts to prevent unauthorized use of the Service and to immediately disable and terminate any unauthorized use. You are responsible for all use of your Invoice Simple Payment Account and your User ID and other access information (e.g. passwords, if any). You will promptly notify Invoice Simple of any unauthorized use of, or access to, the Service of which you become aware.
Invoice Simple may suspend, disable, or change your Invoice Simple Payment Account or User ID (or password) at any time if Invoice Simple believes that any such of your access information has been compromised, that you or someone using your Invoice Simple Payment Account is a threat to the integrity or security of any Service(s), or if Invoice Simple has another reasonable basis for doing so.
Invoice Simple may decide to instruct the Bank to not authorize or settle any transaction that you submit to us if we believe that the transaction is in violation this Agreement, or exposes you, other Payments by Invoice Simple users, our processor, or us to potential harm. Harm includes, but is not limited to, any risk of loss or damage, fraud and other criminal acts.
If we have reason to suspect unauthorized, illegal, or criminal activity, we will share information about you, your Invoice Simple Payment Account, your Settlement Account and any of your transactions with law enforcement.


Prohibited Payment Activities 

By registering for Payments by Invoice Simple as a Merchant, you also confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
  • Adult content
  • Airlines
  • Alimony, child support, or other court-ordered payments
  • Bail bonds
  • Bankruptcy lawyers
  • Buyers’ clubs, discount clubs or membership clubs
  • Check cashing, or payment for a dishonored check
  • Computer repair or maintenance services
  • Cruise lines
  • Credit counseling or credit repair agencies
  • Bankruptcy lawyers
  • Buyers’ clubs, discount clubs or membership clubs
  • Check cashing, or payment for a dishonored check
  • Computer repair or maintenance services
  • Cruise lines
  • Credit counseling or credit repair agencies
  • Credit protection or identity theft protection services
  • Counterfeit goods
  • Debt collection, consolidation, or reduction services
  • Digital currencies
  • Direct marketing of subscription offers
  • Distressed property sales and marketing
  • Door to door sales
  • Drugs, drug paraphernalia, or items that may represent them
  • Factoring, liquidators, bailiffs, bail bondsmen
  • Financial services, such as cash advances, bill payment, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency
  • Gambling or betting, including lottery tickets, casino gaming chips, fantasy football, memberships on gambling-related internet sites
  • Hate, violence, racial intolerance, or the financial exploitation of a crime
  • Infomercial merchants
  • Internet pharmacies or pharmacy referral sites
  • Inbound or outbound telemarketing businesses including lead generation businesses
  • Licensed or franchised goods or services
  • Medical equipment
  • Multi-level marketing businesses
  • Obscene or pornographic items
  • Pharmaceuticals, including medical marijuana
  • Prepaid phone cards or phone services
  • Prostitution, escort services, massage parlors, and related sexual services
  • Real estate or motor vehicle sales
  • Rebate or upsell programs
  • Scrip-dispensing terminal
  • Timeshares, timeshare resales and related marketing
  • Tobacco, cigarettes, or e-cigarettes
  • Unlawful activities or items, or activities or items that encourage, promote, facilitate others regarding the same
  • Violent acts or activities or items that encourage, promote, facilitate others regarding the same
  • Weapons, ammunition or other accessories
  • Weight loss programs
This list is the types of business that Invoice Simple or our partners have decided won’t be supported with this service.
If you fall within the following exclusions, you will not accept cards bearing the trademarks of American Express:
  1.  Equities (including stocks, bonds, or any other ownership position in a corporation)
  2. Goods or services to be delivered more than four (4) months in the future, with an intention of gaining return on investment
  3. Internet auctions
  4. Political parties
  5. Telecommunications (including wireless, cable, satellite, wireline, and ISP)
  6. Travel industry (including car rental, lodging, and other travel tour operators)

Transactions 

Accepted Forms Of Payment

Payment Cards: Invoice Simple supports most credit, debit, prepaid or gift cards bearing Visa, MasterCard, Discover or American Express trademarks. We may add or remove support for certain payment cards at any time without prior notice. We may elect only to process cards that receive an authorization from the applicable issuer. You agree to accept all of the cards issued by Networks that Invoice Simple supports in accordance with the terms of this Agreement and the Operating Regulations.
ACH Bank Payments: Invoice Simple permits you to accept an electronic ACH payment from a Customer’s bank account. The Automated Clearinghouse (ACH) network is controlled and managed by the National Automated Clearinghouse Association (NACHA) and member banks. When submitting payments over the ACH network, you are required to and agree to comply with the Operating Regulations for use of the ACH Network on NACHA’s web site.
You understand and accept your role as the originator of ACH payments and you understand that your customers’ consent is required to debit their bank account and initiate a payment over the ACH network. This consent must be in a form and manner that complies with Operating Regulations and the required documentation for ACH transactions. You may not attempt to send or receive funds to or from a person, entity or state where such transactions are prohibited by US law.


Payment Transactions 

Payment Transactions are indicated as Payment, Recurring Payment or Refund.
“Payment” indicates that a transaction has been initiated and when cleared the funds will be available in your Settlement Account. If Invoice Simple determines that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, Invoice Simple may reverse or refund the transaction at any time.
“Recurring Payment” You may use some Services to receive recurring or subscription payments from your Customers. If you use the Service to submit these recurring or subscription Payments, you agree to comply with applicable Laws, including clearly informing Customers in advance of submitting the initial Payment that they will be charged on an ongoing basis and explaining the method for unsubscribing or cancelling their recurring billing or subscription.
“Refund” indicates that a transaction has been reversed, in whole or in part, or canceled. This could be due to you issuing a refund or due to inaccurate or incomplete information about your Account, our inability to validate the legitimacy of the payment, Customer, or you. You may contact Invoice Simple Support for more information. Although payments are refunded, the removal of an authorization on a Customer account or a return of funds to a Customer account may not be immediate and Invoice Simple cannot guarantee funds availability within a specific timeframe. You understand that as the Merchant, you will be responsible and liable for any refunds, chargebacks and returns of Payments.
Upon the submission of transaction information by Invoice Simple to our processor, a Customer account will be debited or credited by the Bank.
You agree that the Customer’s obligation to you is treated as paid at the time of: our submission of this transaction to our processor; and the resulting initiation of processing by the Bank.
After the initiation of processing by the Bank, you agree not to attempt to collect or otherwise seek payment from the Customer, because you agree that the Customer’s obligation to you has been conclusively discharged. You agree that the Customer is a third-party beneficiary of the preceding two sentences.
At any time, generally up to 90 days, or longer as defined by the Networks, from the transaction date, a transaction may be disputed by the Customer. Any such disputes resolved in favor of the Customer may result in reversal of the disputed transaction.
Invoice Simple reserves the right to limit or restrict transaction size or volume at any time. We will consider a variety of factors in making this decision and will make this determination at our sole discretion.


Payment Authorization 

You authorize the Bank to hold, receive, disburse and settle funds on your behalf. Your authorization permits the Bank to generate a paper draft or electronic funds transfer to process each payment transaction that you or your Customers may authorize. Subject to this Agreement, you also authorize the Bank to debit or credit any payment card or other payment method Invoice Simple accepts.
You authorize the Bank to initiate electronic ACH entries to each Designated Merchant Bank Account, and to initiate adjustments for any transactions credited or debited in error.
Your authorization will remain in full force and effect until you notify us that you revoke it by contacting customer support, terminating the Service or by closing your Invoice Simple Payment Account. You understand that Invoice Simple requires a reasonable time to act on your revocation, generally not to exceed five (5) business days.
Bank Payments are processed through the ACH/EFT network and require 2 to 5 business days to clear. The Bank will process Bank Payments and deposit funds to your Designated Merchant Bank Account within 2 business days of Bank Payments being verified. Bank Payments are usually verified in 2 business days, however in some circumstances we may deposit funds to your Designated Merchant Bank Account before the Bank Payment is verified. This means Bank Payments could be deposited into your Designated Merchant Bank Account as early as 2 business days and as late as 7 business days.
Note: If your bank payment is settled to your Designated Merchant Bank Account before it is verified, the bank payment is at risk of returning after you receive funds. If you are shipping products you may choose to wait until the payment is verified. The only way to be certain the bank payment has been verified is if a return is not received within 5 business days of the original sale.


Payout Schedule 

Funds will be transferred by the Bank to your Designated Merchant Bank Account according to the transfer schedule displayed in the Service. Regardless of the transfer schedule, the Bank will transfer funds to the Designated Merchant Bank Account no more than thirty (30) days after funds settle to the Bank, subject to any Reserve imposed, as described in the Reserve section of this Agreement and any set-off rights we or the Bank may have against such funds. Neither the Bank nor Invoice Simple shall have any liability for refunds, reversal or returns of transactions.
Settlements by the Bank to your Designated Merchant Bank Account may be limited or delayed based on your perceived risk and history with Invoice Simple. We will consider a variety of factors in making this decision and will make this determination at our sole discretion.
Should Invoice Simple need to conduct an investigation or resolve any pending dispute related to your Settlement Account or the Service provided to you, Invoice Simple or the Bank may defer payout or restrict access to your funds for the entire time it takes us to do so. The Bank may also defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
All settlements to Merchants are subject to review for risk and compliance purposes and can be delayed or postponed at Invoice Simple’s sole discretion.


Security

Privacy

Your privacy is very important to us. By accepting this Agreement, you confirm that you have read, understood and accepted our Privacy Policy


Invoice Simple’s Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk.
If you discover a security related issue, you agree to inform us of the issue immediately by contacting the Invoice Simple Security Team at [email protected]. You also agree not to disclose the issue until Invoice Simple has addressed it.


Cardholder Data Security

“Cardholder Data” is information associated with a payment card, such as account number, expiration date, and CVV / CVC.
If you handle, transmit, or store any Cardholder Data in connection with your use of the Service or the Invoice Simple API, you agree to comply at all times with the Payment Card Industry Data Security Standards (“PCI DSS”). Further, you agree to certify such compliance and provide documentation in accordance with the Operating Regulations, or when asked by Invoice Simple to do so. You also agree that you will use only PCI compliant service providers in connection with the storage, processing, or transmission of Cardholder Data.
You are fully responsible for the security of data (including but not limited to Cardholder Data) on your website or otherwise in your possession or control. You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, or transaction information.
Unless you receive the express consent of your Customer, you may not retain, track, monitor, store, disclose or otherwise use Cardholder Data except for the transaction for which it was given.


Roles and Responsibilities 

Invoice Simple provides data processing services for Merchants. Invoice Simple is a Payment Service Provider (“PSP”), not a bank, money transmitter, or Money Services Business (“MSB”), and we do not offer banking or MSB services as defined by the United States Department of Treasury.
As a PSP, Invoice Simple collects, analyzes and relays information generated in connection with payments between Customers and Merchants. you authorize Invoice Simple to provide this information to the Bank in order for the Bank to facilitate payments from Customers to you through the Networks. As a result, the Bank – and not Invoice Simple – actually conducts the settlement of payment transactions to you. Invoice Simple does not at any point hold, own or control funds in connection with the Services, nor does Invoice Simple transmit money or monetary value. In connection with the Services, Invoice Simple does not actually or constructively receive, take possession of or hold any money or monetary value for transmission, and does not advertise, solicit or hold itself out as receiving money for transmission. The Bank is the party with sole responsibility for conducting the settlement of funds between Customers and Merchants.
In order to act as a PSP, Invoice Simple must enter into agreements with the Networks, processors and the Bank. You are not a third-party beneficiary of these agreements. Each of the Networks is a third-party beneficiary of this Agreement and has beneficiary rights, but not obligations, and may enforce this Agreement against you. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Account.


Customer Service Provided by Merchants

You are solely responsible for all customer service issues relating to your goods or services, including pricing, order fulfillment, order cancellation by you or the Customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from Invoice Simple. If your Customer’s payment is rejected or returned for any reason, Invoice Simple shall not be liable for any fees, including a nonsufficient funds (“NSF”) fee, that you may choose to charge your Customer. Invoice Simple does not permit a Merchant to charge a Customer an electronic NSF fee through the Service. You will cooperate with Invoice Simple to assure that Customers have access to clear customer service information, including an active customer service email address or telephone number.


Refunds Provided by Merchants 

You agree to process returns of, and provide refunds and adjustments for goods or services through your Invoice Simple Payment Account in accordance with this Agreement and the Operating Regulations.
The Operating Regulations require that you will:
maintain a fair return, cancellation or adjustment policy; 
disclose your return or cancellation policy to Customers at the time of purchase, 
not give cash refunds to a Customer in connection with a payment card sale, unless required by law, andnot accept cash or any other item of value for preparing a payment card sale refund. 
The amount of the refund or adjustment must include all taxes required to be refunded and must not exceed the original sales total excepting for any reimbursement to the customer to cover shipping costs for the return of merchandise.
You may process refunds and adjustments through the Service at any time. These refunds and adjustments are subject to this Agreement and the Operating Regulations. If your Settlement Account balance is insufficient to cover the refund, you authorize Invoice Simple to process a request to the Bank to withdraw sufficient funds from your Designated Merchant Bank Account to credit back to your Customer’s account.
Your refund policies must be the same for all payment methods. When processing a full refund, Invoice Simple will refund the Fees for the transaction so your Customer receives the full purchase amount. If your refund policy prohibits returns or your Customer is dissatisfied with your refund policy, the Customer may chargeback the payment.


Merchant’s Liability for Chargebacks and Returns

The amount of a payment may be charged back to you and deducted from your Settlement Account or Designated Merchant Bank if
  1. it is disputed by a Customer,
  2. it is reversed for any reason,
  3. it was not authorized or we have any reason to believe that the transaction was not authorized, or
  4. it is unlawful, suspicious, or in violation of the terms of this Agreement.
You are liable for all chargebacks and returns, whether or not the chargeback or return complies with the Operating Regulations.


1. 
Dormant Accounts

If there is no activity in your Settlement Account (including access or payment transactions) and the Bank has been unable to transfer the funds to your Designated Merchant Bank Account for the period of time set forth in the applicable unclaimed property laws, and you have a credit, we may notify you by sending an email to your registered email address. We may also notify you by U.S. mail. We may give you the option of keeping your Settlement Account open, requesting a transfer to a Designated Merchant Bank Account, or requesting a check. If you do not respond to our notice within the time period specified in the notice, we may close your Settlement Account and the Bank will escheat your funds in accordance with applicable law.


Electronic Communications 

Electronic Delivery

By accepting this Agreement, you agree and give consent that Invoice Simple can provide all communications, agreements, documents, notices, and disclosures (collectively, “Communications”), required by law and other information related to your Account electronically, by email sent to the address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on our website. Communications include, but are not limited to:
  • agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
  • annual disclosures;
  • transaction receipts or confirmations;
  • communication in relation to delinquent accounts (which may also be by phone, and may be made by Invoice Simple or by anyone on its behalf, including a third party collection agent);
  • Invoice Simple Payments Account statements and history; and
  • federal and state tax statements.
You agree that any such electronic Communications have the same meaning and effect as if we had provided you with paper Communications. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Site. You further agree that your electronic signature (e-signature) has the same effect as your manual, physical signature.
By agreeing to this Agreement, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Invoice Simple Payment Account at a later date.


How to Withdraw Your Consent 

At any time, you may with withdraw your consent to receive electronic Communications, as outlined in our Privacy Policy, by contacting our customer support team. If you choose to withdraw your consent to receive electronic Communications, Invoice Simple may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies.
You may withdraw your consent to receive IRS Form 1099-K electronically, independently of your consent to receive electronic Communications in general, by contacting us as described above. You will continue to receive all other Communications electronically, but we will send IRS Form 1099-K to you by U.S. mail, free of charge.


Requesting Paper Copies of Electronic Communications 

You may request a paper copy of any Communication we send you within 180 days of the original send date, by contacting us as described above. We will send the paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file in your Account. You understand and agree that Invoice Simple may charge you an exceptions fee for each paper copy of a Communication. Invoice Simple will not charge a fee if you request a Form 1099-K in paper form.


Updating Your Contact Information 

You are responsible for ensuring your contact information is kept up to date, including without limitation your primary email address. You understand and agree that if Invoice Simple sends you an electronic Communication but you do not receive it because our record of your primary email address is incorrect, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Invoice Simple will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Invoice Simple to your email address book so that you will be able to receive the Communications we send to you.
You can update your contact information at any time by logging into your Invoice Simple account, selecting “Your Profile” from the dropdown menu that appears when you click the down arrow next to “Account” at the top right of the screen, and entering your up to date information. If your primary email address becomes invalid such that electronic Communications sent to you by Invoice Simple are returned, Invoice Simple may close your Invoice Simple Payment Account, and you will not be able to transact any activity using your Invoice Simple Payment Account until we receive a valid, functional primary email address from you.