These merchant terms and conditions ("Merchant Terms and Conditions", or "Terms") set forth the terms and conditions governing the provision of the Merchant Services (defined below) to you and your use of such Merchant Services. These Terms constitute a material and binding agreement between you, the Merchant ("Merchant", "you" or "your"), and Sionic Mobile Corporation ("Sionic", "Company", "we", "us" or "our"). Merchant and Sionic are each a "Party", and collectively, are the "Parties". The Terms are effective as of (a) the date of any applicable written agreement ("Agreement") between Merchant and authorized Sionic third-party service provider (e.g., authorized reseller of Sionic’s products and services) and/or Sionic that incorporates these Terms by reference or (b), for any Merchant without an applicable Agreement, the date of the Merchant’s electronic acceptance of these Terms (e.g., Merchant clicking "I Accept" button).
Merchant agrees to electronic delivery via email and confirms your ability to access your Merchant Account information either online or via mobile device. Merchant also agrees that Merchant will promptly provide Sionic with an updated email address if it changes. Sionic and any Sionic third-party service provider may use the email address that Merchant provides to communicate with Merchant about the Merchant Services. Sionic may also use Merchant’s email to tell Merchant about Sionic products and services unless Merchant has asked not to receive marketing materials from Sionic. Sionic may also notify Merchant through in app communications via the Sionic merchant mobile application.
Merchant also agrees that Merchant is providing Merchant’s express consent for Sionic and any Sionic third-party service provider to call Merchant, text message Merchant, or both at any phone number (including any mobile phone number) Merchant provides to Sionic or any Sionic third-party service provider using auto-dialed phone calls, pre recorded phone calls, or both for any or all of the following reasons: (a) transactional purposes; (b) informational purposes; (c) to provide Merchant Account alerts; (d) to provide servicing information; (e) fraud prevention purposes; and (f) any other purposes provided for in these Terms or in any other applicable Additional Terms, including, but not limited to, Sionic’s Privacy Policy. If Merchant changes any phone number Merchant has provided to Sionic or any Sionic third-party service provider, for any reason, Merchant agrees to immediately notify Sionic to ensure that the above communications are not interrupted or inadvertently delivered to another recipient who may be reassigned your prior phone number.
Merchant agrees to the use of electronic documents and records in connection with Merchants registration for the Merchant Services and all future documents and records in connection with Merchant Services, including without limitation, this electronic signature and disclosure notice, and that this use satisfies any requirement that Sionic provides Merchant these documents and their content in writing. If a Merchant does not agree, do not accept these Terms. Merchant may withdraw, if not in conflict within an Agreement, Merchant’s consent to receive communications or do business electronically, but Sionic may terminate Merchant’s use of the Merchant Services, and any applicable written agreements, for cause if Merchant withdraws Merchant’s consent. Although this consent allows Merchant and Sionic to communicate electronically, Sionic may decide to provide communications to Merchant via paper or to require that certain communications from Merchant be on paper. To change Merchant’s contact information, Merchant should use the procedures specified in the online or mobile Merchant Account interface. Copies of these Terms are available for download and printing by using current web browser software, and Merchant acknowledges that Merchant can access, receive and retain all other electronic communications from Sionic in the various formats Sionic uses, and Merchant’s access to this page verifies that Merchant’s system and device meets the above receipt, access, and retention requirements. If Merchant would like paper copies of any electronic communications or documents from Sionic, Merchant may contact Sionic, but Sionic may charge you a fee for such paper copies. Merchant clicking on the "I accept" button indicates Merchant’s signature and Merchant’s acceptance of this disclosure and consent notice, if not already done so through an Agreement that incorporates these Terms by reference.
Unless otherwise agreed in writing with Sionic, Merchant agreement with Sionic will always include, at a minimum, these Terms as amended by Sionic. Merchant’s agreement with Sionic may also include the legal notices, terms and conditions that are included in the online management system (the "Additional Terms"). Where Additional Terms apply to the Merchant Services, these will be accessible for Merchant to read either within, or through Merchant’s use of the Merchant Services. If there is any conflict between the Additional Terms and the Terms, then the Additional Terms will control in relation to specific Merchant Services to which they apply.
The Terms, together with the Additional Terms which are now incorporated within and material part of the Terms, form a legally binding agreement between Merchant and Sionic. It is important that the Merchant reads the Terms carefully. In order to use the Merchant Services, Merchant must first accept the Terms. Merchant may not use the Merchant Services or participate in the Digital Commerce Services if Merchant does not accept the Terms.
By either signing an Agreement incorporating these Terms by reference or clicking the "I Accept" button, Merchant agrees to the Terms.
By clicking the "I Accept" button on behalf of the Merchant, you represent that (a) you are at least 18 years old, (b) you are currently employed by or are an authorized agent or representative of the Merchant you indicated in the registration process as the user of the Merchant Services, (c) you have the authority and legal ability to enter into these Terms on behalf of the Merchant in the event an Agreement has not been signed by the Parties or the Merchant and an authorized Sionic third-party service provider, (d) the Merchant agrees to be bound by all of the Terms, (e) the Merchant is duly authorized to do business in the Territory; and (f) the Merchant’s employees, officers, representatives, and other agents accessing the Merchant Services through your username are duly authorized (i) to access the Merchant Services and to (ii) legally bind Merchant to all Transactions conducted under your username.
Merchant may not assign, novate, delegate, or otherwise transfer these Terms or Merchant’s rights or obligations without Sionic’s prior written consent. The Terms constitute the entire legal agreement between you and Sionic regarding the subject matter of these Terms and supersede all prior or contemporaneous agreements, negotiations, representations and proposals with respect to the subject matter of these Terms. No failure or delay by Sionic to exercise any right, power, or remedy constitutes a waiver of that right, power, or remedy. Sionic’s waiver of the performance of any covenant or any breach is not to be construed as a waiver of any succeeding breach or of any other covenant. Merchant and Sionic are independent contractors, and nothing in these Terms constitutes a partnership between the parties or designates one party as the agent of the other. If any provision of these Terms is declared invalid, the provision will be ineffective only to the extent of the invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect. If any provision of these Terms requires interpretation, these Terms are not to be more strictly construed against one party than the other. Merchant’s signature or agreement via electronic process or method shall have the same force and effect as an original signature hereto.
Prohibited Businesses, Merchant Categories and Transaction Types.
Merchant Payment Processing Instructions and Guidelines
When Merchant’s End Users pay Merchant through Sionic’s Digital Commerce Services, Merchant may be the recipient of a Card funded payment or bank account funded payment. The organizations that operate these Card systems (such as Visa and MasterCard; collectively, the "Payment Brands") and bank-to-bank transfer systems (such a The Clearing House) require that Merchant (a) enter into a direct contractual relationship with an entity that is a member of the Payment Brand, and (b) agree to comply with all applicable Payment Brand Rules and Security Standards as they pertain to Transactions Merchant submits through payment processing service providers.
Sionic is not a payment processor. Sionic is a data submitter, on behalf of the Merchant, of the Transaction’s information inclusive of the End User’s payment information to the appropriate designated payment processor. Merchant is required to have a direct contractual relationship with a payment processor.
By agreeing to the Terms, which includes these Merchant Payment Processing Instructions and Guidelines, Merchant agrees to comply with all applicable Payment Brand Rules and Security Standards, as they pertain to Transactions Merchant submits for processing through Sionic.