STANDARD TERMS AND CONDITIONS OF SALE

1. Definitions

  • "Bluemax Pay" refers to Bluemax Pay, the company providing payment processing services.
  • "Merchant" refers to the business or individual utilizing Bluemax Pay's services to accept payments.
  • "Services" refers to the payment processing services provided by Bluemax Pay, including but not limited to credit card processing, debit card processing, and electronic funds transfers.
  • "Agreement" refers to these Standard Terms and Conditions of Sale, along with any additional terms agreed upon by the Merchant and Bluemax Pay.

2. Acceptance of Terms

By utilizing Bluemax Pay's Services, the Merchant agrees to be bound by these Standard Terms and Conditions of Sale. If the Merchant does not agree with these terms, they should not use the Services.

3. Provision of Services

  • Bluemax Pay agrees to provide payment processing services to the Merchant in accordance with this Agreement.
  • The Merchant agrees to provide accurate and complete information as requested by Bluemax Pay to facilitate the provision of services.
  • Bluemax Pay reserves the right to refuse service to any Merchant for any reason.

4. Fees and Charges

  • The Merchant agrees to pay Bluemax Pay the fees and charges as outlined in the Fee Schedule, which is incorporated into this Agreement by reference.
  • Fees and charges are subject to change with prior notice given to the Merchant.

5. Merchant Representations and Warranties

  • The Merchant represents and warrants that they are authorized to accept payments for the goods or services offered.
  • The Merchant represents and warrants that they will comply with all applicable laws and regulations related to their business and the use of Bluemax Pay's Services.
  • The Merchant represents and warrants that they will not use Bluemax Pay's Services for any illegal or fraudulent activities.

6. Risk of Loss

The Merchant assumes all risk of loss associated with the sale of goods or services, including but not limited to chargebacks, refunds, and disputes.

7. Termination

  • Either party may terminate this Agreement at any time with written notice to the other party.
  • Upon termination, the Merchant is responsible for any outstanding fees or charges owed to Bluemax Pay.

8. Limitation of Liability

Bluemax Pay shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement or the provision of Services.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [State/Jurisdiction].

10. Entire Agreement

This Agreement constitutes the entire agreement between the Merchant and Bluemax Pay and supersedes any prior or contemporaneous communications or agreements.

11. Modification

Bluemax Pay reserves the right to modify this Agreement at any time. Modifications will be effective upon posting to the Bluemax Pay website or upon notification to the Merchant.

12. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the Arbitration Organization.