Notice to Customers: Applicable conditions and limitations:|
By doing business with Protec Financial Services Co., you are agreeing to the terms below.
*Public posting of conditions and limitations are subject to change without notice.
*Please refer to this page for current conditions and limitations.
"Seller" for the purposes of this agreement is referring to Protec Financial Services Co.
"Customer" shall, for the purposes of this agreement, includes the actual Customer doing business directly with Protec Financial Services Co., the company he or she represents, and all affiliates, subsidiaries and related companies of Customer as well as including Customer's directors, officers, employees, agents, locators, financial, legal and any advisors or person(s) or entities authorized to act or speak in behalf of Customer which can also be referred to as "Representative" for the purposes of this agreement.
1. Purchase Agreement: a. The Customer agrees to buy and the Seller agrees to sell various product(s) sold by Seller. The Seller will ship product(s) no later than 25 business days (except in cases where delivery is delayed due to any situation that may arise that is beyond Seller's control) after receipt of cashier's check, money order, company check, or personal check for payment in full (unless other arrangements are in place in place of payment), to the Customer's choice of location after any necessary paperwork is successfully (completely) filled out by Customer and/or their clients and received by the Seller. Seller will ship product(s) purchased to destination designated by Customer.
b. Risk of damage during shipping: If product(s) are damaged during shipping, the Customer agrees to notify Seller immediately upon receipt. Customer's failure to inform Seller of any shipping damage to product(s) on the day shipment is received, relieves Seller of all shipping liability, including replacement of product(s). Seller has no claim of ownership against Customer's equipment, and/or merchant locations.
2. Returns and refunds: Return Policy: ALL sales are final. Seller does not offer full or partial refunds. Seller does not engage in any buy back, or refund programs. In the event Customer decides that they do not wish to use the services of Seller after paying for product(s), Seller will ship any product(s) being held in stock by Seller to Customer at Customer's request.
3. Performance Guarantee: Performance Guarantee: Seller has made no guarantees, warranties or representations that guarantee the income potential of its product(s) and/or service(s) due to conditions outside of the Seller's control which affect the income potential of product(s) and/or service(s).
4. Confidentiality Agreement: a. Confidentiality Agreement: In the course of consideration of the sale of product(s) and/or service(s) or in its relationship with Customer, Seller may disclose to Customer confidential, important, and/or proprietary trade secret information concerning Seller and its activities. b. Definitions: "Information" shall include all information or material that has or could have commercial value or other utility in the business or prospective business of Seller. Confidential information also includes all information of which unauthorized disclosure could be detrimental to the interests of Seller whether or not Seller identifies such information as confidential information. Customer agrees to be bound by this agreement to not enter into any business relationships with Seller's banks, processors, processing networks, advertising mediums, suppliers, trade relations, customers and independent sales personnel, or use Seller's marketing information, materials and supplies unless in conjunction with the use of Seller's services. c. Confidentiality: Customer and its Representatives shall not disclose any of the confidential information in any manner whatsoever, except as a bona fide use during the course of its relationship with Seller. Customer hereby agrees to indemnify Seller against any and all losses, damages, claims, expenses and attorney's fees incurred or suffered by Customer as a result of a breach of this Agreement by Customer or its Representatives. d. Irreparable Harm: Customer understands and acknowledges that any disclosure or misappropriation of any of the confidential information in violation of this Agreement may cause Seller irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that Seller shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure of breach and for such other relief as Seller shall deem appropriate. Such right of Seller is to be in addition to the remedies otherwise available to Seller at law or in equity. Seller will keep all Customer information confidential and will only share such information with third parties for legitimate use in processing Customer's terminals. Seller cannot / will not be held liable for any third party actions, as they are beyond Seller's control.
5. Force Majeure: The performance of Protec Financial Services Co. hereunder is subject to interruption and delay due to causes beyond its control such as: any acts of destruction, civil disorder, weather conditions, power failures, equipment failures, acts of 3rd party suppliers and transaction processors, acts of any government entity, banking industry regulations, labor disputes, and like causes. Said interruptions, delays, and/or performance failures shall not be deemed to be a breach hereunder.
6. No Agency: This Agreement does not create a relationship of agency, joint ventures, franchise, partners, employees, servants or fiduciaries by and between Customer and Seller, and none of the terms and conditions contained herein shall be so construed. None of the parties shall have the power to bind or obligate the other, except as set forth in this Agreement.
7. Severability: If any provision of this Agreement is invalid under any applicable statute or rule of law, it is, to that extent, severable from other provisions of this Agreement, and the remaining portions shall continue in full force and effect.
8. Assignability: This Agreement, to the extent it may be assigned, shall be binding upon and inure to the benefit of the parties hereto and their respective successors in interest, except that Customer and Seller may not assign this Agreement to any person(s) or entity without 45 days prior written notice.
9. Headings: The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning and interpretation of this Agreement.
10. Governing Law: This Agreement shall be construed and enforced in accordance with the internal laws of the State of Texas, without reference to choice of law rules. Any legal action, including an original complaint or third party claim, by or in the right of any party to this Agreement or any action arising under or related to this Agreement, including but not limited to, a claim for payment under the Agreement, and also including any non-contract claim, shall be brought and maintained exclusively in a state or federal court of competent subject matter jurisdiction in Wise County, Texas, and the parties hereby submit themselves to the personal jurisdiction and venue of those courts for the purpose of any such action and hereby waive any defense related to personal jurisdiction and venue of those courts for the purpose of any such action and hereby waive any defense related to personal jurisdiction, process or venue. In any suit arising as a result of this Agreement brought by either party hereto, the prevailing party shall be entitled to all expenses incurred as a result of such suit, including reasonable attorney's fees, from the other party.
11. Liabilities: Customer agrees to hold Seller harmless and free of all liability that could possibly cause loss of revenue, loss of product(s), loss of merchant locations, by the involvement of other parties due to (but not limited to) processor's actions, third party vendor and/or supplier actions, labor strikes and disputes, shipping company(s) delivery failure, natural disasters, acts of destruction, war or acts or war or any other events outside of the control of the Seller. Customer agrees to be fully liable for all local, state, and federal taxes on all profits made by operating product(s) and holds Seller harmless for any and all taxes as relating to Customer's operation to all product(s) and/or service(s) purchased from Seller. Customer agrees to be fully liable for all local, state, and federal laws and regulations applicable to any use by Customer of the product(s) and/or service(s) that Seller provides to Customer. Seller does not guarantee it's product(s) and/or service(s) to be fit for any particular use or purpose.
12. Entire Agreement: The Customer and Seller acknowledges that this Agreement expresses their entire understanding and agreement and that there are no other binding representations, covenants or understandings made by either party to the other except such as expressly set forth in this Agreement. The Customer and Seller further acknowledges that this Agreement supercedes, terminates and otherwise renders null and void any and all prior or contemporaneous agreement or contracts, whether written or oral, entered into between the Customer and the Seller with respect to the matters expressly set forth in this Agreement.
We Do Not Offer Franchises, or Business Opportunities. We Are A Supplier of Quality Products and Services. We DO NOT Provide Locations to Customers.
We Do Not Promise, or Guarantee Profitability. Customer profits are controlled entirely by the Customer through the locations and business relationships that the Customer arranges with their clients.