Terms of Service

Who we are

Mobilize Pay is a service of Mobilize Cloud LLC, a web development company located at 4260 Tuller Road, Suite 202, Dublin, Ohio 43016 (“Mobilize Pay,” “we,” “us”). In these terms, “Client” means a business that engages us to build or host a payment solution, and “Payer” means a Client’s customer, patient or member who makes a payment through a page we host.

By using our website or services, you agree to these terms. If you are using our services on behalf of a business, you confirm you have authority to bind that business.

Our services

We design, build, host and support online bill pay portals, custom checkouts, invoicing and recurring billing systems, and we help Clients set up merchant accounts, payment gateways and in-person card terminals. The specific scope, timeline and price for each Client are set out in a written estimate or agreement, which controls if it conflicts with these terms.

Credit card processors and gateways

Payments are processed by the third-party processor and gateway selected for the Client’s service, not by Mobilize Pay. The Client enters into its merchant agreement directly with that provider and is responsible for complying with it.

Because of this:

• Processing fees, approval or decline of transactions, settlement timing, deposits, chargebacks, refunds, reserves and account holds are determined by the processor and governed by its agreement.
• We do not receive, hold or transmit settlement funds. Payments go from the Payer’s card to the Client’s merchant account through the processor.
• Outages, policy changes, API changes or account decisions made by a processor are outside our control. We will work to update your integration when a processor changes its platform.
• If you are a Payer, your payment is made to the Client, not to Mobilize Pay. Questions about a charge, refund or dispute should go to the Client or your card issuer.

Client responsibilities

Clients agree to:

• Provide accurate business information and keep their merchant and gateway accounts in good standing.
• Use the service only for lawful goods and services permitted by their processor.
• Complete any PCI DSS validation their processor requires and keep their own systems and passwords secure.
• Provide accurate invoice, pricing and refund information to Payers, and handle Payer questions and disputes.
• Maintain the DNS records or other access needed to host their payment subdomain.

Fees and payment

Fees for our services are listed on our pricing page or in the Client’s estimate. Unless otherwise agreed: the upfront plan is a one-time payment, with hosting billed monthly and security billed annually; the monthly plan carries a 12-month minimum commitment and includes hosting and security for that period, after which standard hosting and security fees apply.

Processing fees charged by the Client’s processor are separate and are billed by the processor. Fees we charge are non-refundable once the related work has been delivered, except where required by law or agreed in writing.

Cancellation and termination

Clients on the upfront plan may cancel hosting at any time with written notice. Clients on the monthly plan may cancel after the 12-month minimum term. We may suspend or end service if fees are unpaid, if a Client’s processor account is closed, or if the service is used in violation of these terms or the law.

When service ends, we will take the hosted payment pages offline. Records held by the processor remain available to the Client through the processor’s own account tools.

Security

We follow PCI DSS standards, use tokenization and the secure payment tools provided by each gateway, and do not store full card numbers on our servers. No system is completely secure, and we cannot guarantee that unauthorized access will never occur. We will notify affected Clients without unreasonable delay if we learn of a security incident affecting their service.

Intellectual property

Clients keep ownership of their names, logos, content and data. Clients grant us permission to use them to provide the service and, unless they ask us not to, to show the Client’s name, logo and screenshots of the work in our portfolio. We keep ownership of our underlying code, tools and know-how, and grant each Client a license to use what we build for them for as long as their service is active.

Website use

You may use mobilizepay.com for lawful purposes. Do not attempt to disrupt the site, gain unauthorized access, or submit false information through our forms. Content on this site is for general information and is not legal, tax or financial advice.

Disclaimers

Except as stated in a written agreement, our services and website are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any processor will approve a Client’s account or any transaction.

Limitation of liability

To the fullest extent permitted by law, Mobilize Pay will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and will not be responsible for the acts or omissions of any processor, gateway, card network or bank. Our total liability for any claim relating to our services is limited to the fees the Client paid us in the 12 months before the claim arose.

Indemnification

Clients agree to defend and indemnify Mobilize Pay against claims arising from the Client’s goods or services, its dealings with Payers, its violation of its merchant agreement, or its violation of these terms or the law.

Governing law

These terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Franklin County, Ohio.

Changes to these terms

We may update these terms from time to time. The effective date at the top of this page shows when they last changed. Continued use of our website or services after an update means you accept the revised terms.

Contact

Questions about these terms: info@mobilizepay.com, (513) 498-8999, or Mobilize Pay, 4260 Tuller Road, Suite 202, Dublin, Ohio 43016.