Terms and Conditions

OVERVIEW

THESE TERMS AND CONDITIONS CONTAIN A MEDIATION AND BINDING ARBITRATION CLAUSE THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.

This website https://www.transactionstandardscouncil.com (the “Site”) is operated by the Transaction Standard Council (“TSC”) to provide assistance with chargeback, refund issues and other customer support for business merchants. Throughout the Site, the terms “we”, “us” and “our” refer to TSC. TSC offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By using TSC’s service as described in Section 3 below (“Services”), you engage in our Services and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (if any). If you do not agree with any part of these Terms, you may not use our Services.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - ELIGIBILITY OF MERCHANTS

By signing up to the Site, you represent that you are (i) at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is higher or (ii) a corporate entity duly incorporated under the law of its jurisdiction and you have given us your consent to allow any of your minor dependents to use this Site.

SECTION 2 - MEMBERSHIP SIGNUP

You must sign up as a member of TSC in order to use the Services. Eligibility for membership requires you to be a registered business entity or an individual with the legal capacity to enter into binding agreements. Prospective members must complete and submit an online application form available on TSC's website, providing all required information accurately and completely. Upon submission of your application, TSC will review the provided information to ensure it meets our membership criteria. TSC may request additional information or documentation if necessary. If your application is approved, you will receive a confirmation email with details (e.g., username and password) on how to activate your membership. By activating your membership, you agree to be bound by these Terms. TSC reserves the right to reject any application at its sole discretion, without providing specific reasons for the rejection.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide and maintain accurate, current, and complete information for your account and must promptly update your account information to keep it accurate and complete. As a member, you will have access to TSC's Services. 

Membership fees, if applicable, will be outlined during the application process. Payment for membership fees are to be made via a charge to your credit card provided to us. You are solely and absolutely responsible for any credit card information that you provide to TSC and must promptly inform TSC of any changes or updates to the credit card. By accepting these Terms and providing your credit card information, you acknowledge and agree that you authorize TSC (or our third party service provider) to automatically charge the payment for the membership fee in your credit card at the beginning of each membership period. You will receive a receipt for each payment made. If there are any issues with your payment, you can update your credit card information through the Site. 

You may terminate your membership at any time by providing written notice to TSC, with termination effective at the end of the current membership period. TSC reserves the right to terminate your membership at any time for any reason, including but not limited to violations of these Terms, without prior notice. 

SECTION 3 - SCOPE OF SERVICES 

TSC provides comprehensive Services to enhance the security, efficiency, and reliability of online transactions for the customers of merchants, including:

Services are available exclusively online through the Site. 

We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or Convenience Levy are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on this Site is void where prohibited.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Convenience Levy

As part of our Services we authorize you to use all materials related to the Convenience Levy (as defined below). The Convenience Levy is designed as a cost recovery to allow your business to recover the costs associated with online transactions and is calculated based on the risk and cost profile of your customers. We analyze this and make recommendations based on your consumer data.

Convenience Levy ("CL") is a clear, non-refundable fee that ensures fairness and consistency in covering transaction costs for online transactions. This includes, but is not limited to, expenses related to:

(i) Payment Processing Fees: Charges levied by credit card companies and payment gateways from TSC for processing electronic transactions via credit cards. These fees cover the expenses associated with handling credit card payments, such as interchange fees and assessment charges;

(ii) Fraud Prevention Costs: Expenses related to securing the online transactions on a Site against fraudulent activities;

(iii) Security and Compliance Costs: Expenses related to maintaining compliance with security standards such as PCI DSS, as well as costs for regular security audits and monitoring to protect customer data;

(iv) Technology Infrastructure Costs: Costs associated with maintaining and upgrading the technology infrastructure that supports online transactions, including servers, software, and other IT resources;

(v) Customer Support Costs: Expenses for providing customer support services to handle inquiries, disputes, and other issues related to online transactions;

(vi) Credit Card Chargebacks: Costs incurred from handling disputes and chargebacks for transactions on a Site;

(vii) Administrative Costs: General administrative expenses related to the management and oversight of online transactions, including staffing and office resources;

(viii) Shipping and Handling Costs: If applicable, expenses related to the logistics of shipping products to customers, including packaging, shipping fees, and handling charges;

(ix) Marketing and Advertising Costs: Expenses for marketing and promoting online services and products to attract and retain customers;

(x) Returned Product Costs: Expenses associated with processing returns and refunds of products purchased from a Site;

(xi) Tax and Regulatory Compliance Costs: Costs associated with complying with various tax regulations and other legal requirements related to online sales.

The aforementioned amounts are calculated in good faith and used to cover the additional costs incurred by merchants in providing secure, efficient, and fast online services to its customers.

Convenience Levy is charged for each online transaction. Convenience Levy does not include any applicable local taxes such as sales tax, import tax, GST, HST or VAT.

If you have any questions regarding the CL, please contact our customer service team at support@transactionstandardscouncil.com.

SECTION 4. RISK ANALYSIS

All members are entitled to an annual analysis of their customer risk profile. This detailed assessment evaluates various factors such as customer financial behavior, market trends, credit history, regulatory compliance, fraud detection, and economic indicators. By examining these elements, we calculate and advise the appropriate CL for your business’ online offerings, ensuring a balanced approach that mitigates potential risks while supporting business expenses. 

SECTION 5 - MODIFICATIONS TO THE SERVICE 

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, Convenience Levy change, suspension or discontinuance of the Services.

SECTION 6. PROVISION OF SERVICES

The Services will be provided through our Site within 3 business days upon your request on the Site. If you have not received the Services within such timeline, please reach out to our customer support team at: support@transactionstandardscouncil.com for immediate assistance.

SECTION 7 - ACCURACY OF ACCOUNT INFORMATION

We reserve the right to refuse to provide the Services to any request submitted to us. We may, in our sole discretion, limit or cancel Services requested per person. These restrictions may include Services requested by or under the same customer account. In the event we make a change to or cancel a request, we may attempt to notify you by contacting the email provided at the time the request was made. We reserve the right to limit or prohibit requests that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate account information for all requests made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Under no circumstance will we be liable for any cost, loss, depreciation, or damage, arising from delay in delivery or non-delivery due to the incorrect or incomplete email address provided by you.

SECTION 8 - THIRD-PARTY LINKS

Certain content and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party services or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection to any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - INTELLECTUAL PROPERTY

The Site contains content owned or licensed by Company (the "Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and TSC owns and retains all rights in the Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

TSC’s name and logo are its trademarks, and may not be copied, imitated or used, in whole or in part, without prior written permission. In addition, all page headers, custom graphics, and scripts are service marks, trademarks and/or trade dress of TSC, and may not be copied, imitated or used, in whole or in part, without prior written permission from TSC.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. For more detail, please review our privacy policy.

We may also use your personal information, specifically your first name, in pop-ups displayed on our Site, to show that you have recently used Services from us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The information presented on this Site may not always be entirely accurate, complete, or current. It is imperative to recognize that the material provided here serves as a general informational resource and should not be solely relied upon for decision-making purposes. Instead, we strongly advise consulting primary, more accurate, complete, or more timely sources of information before making any significant decisions. Any reliance on the material presented on this Site is undertaken at your own risk.

Please note that the historical information available on this platform is provided solely for reference purposes. This historical data may not reflect current circumstances and should be utilized with caution. We have the right to modify its contents at our discretion, without any obligation to update the information provided herein.

In the event of errors, inaccuracies, or omissions within our Site or Services, we reserve the right to rectify such discrepancies without prior notice. This includes the correction of descriptions, pricing, or any other pertinent information. We have no obligation to update or clarify information unless mandated by legal requirements. The absence of a specified update or refresh date within our Services or related websites should not be misconstrued as an indication that all information therein has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Service is provided, without express written permission by us.

WE RESERVE THE RIGHT TO REFUSE TO PROVIDE THE SERVICES TO ANYONE FOR ANY REASON WITHOUT EXPLANATION.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TSC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or products procured using the Services, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TSC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

SECTION 19 - GOVERNING LAW: DELAWARE

These Terms and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of state of Delaware and you consent to the exclusive jurisdiction of the courts of Delaware

If you have a complaint, please contact us via support@transactionstandardscouncil.com. If you feel your complaint is not adequately addressed, you agree to first refer the dispute to mediation in accordance with the governing law as set forth in this Section before resorting to arbitration. If the dispute has not been settled by mediation, such dispute shall thereafter be finally settled by arbitration also in accordance with the governing law as set forth in this Section, rather than in court. You agree to share equally with us in the costs of the mediation and/or arbitration.

You may opt out of this agreement to mediate and arbitrate. If you do so, neither you nor TSC can require the other to participate in an arbitration proceeding. To opt out, you must notify TSC in writing via support@transactionstandardscouncil.com within thirty (30) days of the date that you first became subject to this mediation and arbitration provision.

Arbitration Agreement

By using our Services, you agree to submit any disputes arising out of or in connection with these Terms to binding arbitration before pursuing any other form of dispute resolution, except as required by law or in cases involving allegations of fraud. The arbitral tribunal shall consist of one arbitrator. The TSC will provide a list of impartial and qualified arbitrators, and you may select one arbitrator from this list. You may object to proposed arbitrators on reasonable grounds, in which case TSC will provide an alternative from its list of arbitrators. The TSC will provide up to three lists of impartial and qualified arbitrators, and you may choose an arbitrator from one of these lists.

This agreement to arbitrate shall preclude you from seeking remedies in court, except as necessary to enforce the arbitration award, or if required by law.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@transactionstandardscouncil.com.