Terms of Service
Charge Monk admits preserving Payment Card Industry Data Security Standard ("PCI DSS") compliance with conformance with the latest version of PCI DSS which is issued by the PCI Security Standards Council. We have a valid PCI level 1 service provider and is issued with the most recent certificate. The security certificate can be reviewed on our website. We shall preserve the conditions of PCI DSS or otherwise utilizes and runs or transmit the cardholder’s data. The cardholder’s data include information linked with the payment card. The details provided with the payment card include account number, expiration date, and CVV number. We are responsible for the cardholder's data to process, transmit and utilize on your request. These responsibilities fall within the limitations by terms of PCI DSS. The course of action done by the organization related to any of the cardholder data is dependent on PCI DSS. The cardholder’s data must be in terms with the PCI DSS, its laws, rules, and regulations.
TThe certifications must be given to the cardholder’s data when requested by us. The procedure to license with the PCI DSS to avail a service related to the organization depends on the type of service you have subscribed. For further clarifications, you may contact us directly in our assistance mail. You must also be in unison with all procedures in PCI service providers. The cardholders must abide by all the privacy laws, rules and regulations to expose to the company or ensure all the critical confirmative clauses which fall under PCI DSS to give access to the organization. The right of access granted to the organization includes the right to access, collect, expose, utilize, transmit independence to services — the license to access any of your customer data you give us to authorize information that we have obtained through a website. For the aim of these conditions, the cardholder data in defined Customer data.
To ensure proper movement between the organization and clients and also, understanding of responsibilities is very necessary especially when the question is about the private information of both organization and user. The customer is answerable for the following (i) the right to utilize services and conformance to the terms by you and the users authorized by you, (ii) conservation of the critical information provided by the user and their authorized users including the log-in information, credentials and other passwords, (iii) The monetary charges paid to the organization to avail service through payment gateways, merchant account or any payment process that you may make use of, and finally (iv) the course of actions occurred in your account which has been done by you,third party or any other authorized users such as agents or contractors .
The organization can be held responsible for any modification, utilization, misuse or loss of your customer data uploaded in our database — also the breach of terms by us regarding sharing or misuse of your account, your log-in information, credentials, or passwords, or any unwanted access in your account. We are authorized to break off or temporarily prevent you from accessing your account without prior notice. You are compiled to collaborate with us if there is any examination done under suspicion of any illegal access in the account. You also abide in unison to agree on all relevant judiciary laws, rules and regulations concerning your utilization of services. These include data protection, seclusion, privacy, data transmission and implement all control laws, rules and regulations.
The proper code of conduct by both the organization and the user is essential for the prosecution of the services. For that, you must comply with the following terms (i) the trademarks, trade names, service names, logos or brands cannot be modified or changed by the user or its authorized users regarding our services or the writing. The user cannot change the markings or banners of services. (ii) The user is not allowed to use our services to be utilized for any other billing services for any third party. And also to license ,sub-license,sell or resell,shift,remove,protect,allocate,administer or apart from that utilize the merchandising or make these services available to any other third party (iii) The user and its authorized users are not allowed to upload,post or allow our services to utilized or load any Customer data that violate the rights to trademark or other authorized rights such as proprietorship of any third party that is illegal or contain any material listed as repulsive or include bugs in the software. Even infecting the computer code with bad computer code, files or programs.
Such examples are Trojan horses, worms, time bombs, cancelbots,(iv) rights for storing, hosting or sending any spontaneous email,spamming or SMS messages cannot be permitted to user or its authorized user.(v) the utilization of any software, hardware, application that disturbs our services will not be accredited to users and its authorized users. This should not stop the proper functioning of our services or disrupts the regulations, policies or procedures of such systems or networks without permission. The user and its authorized users are not allowed to disturb the proper utilization of our services. (vi)The breach of the security of our services by the user and its authorized users will not be entertained. (vii) the modification, porting, adaption, translation or creation of any subordinate work based on our services or the writing cannot be done by the user and its authorized users (viii) the reverse engineering, decompiling, disassembling, or otherwise attempting or deriving the source code of our services will not be done by user and its authorized user, this is not applicable for any non-postponement right to decompile any software in our services expressly permitted by issued law.
The services provided by the organization are "As Is" and "As Available" as of now. We assure all warranties, complied, rightful, and disclaim or the complied warranties of transgression, bankable, and fitness for uncommon notable objectives. We do not guarantee that our services or any fragment thence or utilize thence will be trouble shooted, without break, dependable bug-free. So that the services provided meet with the quality standards and meets the demand, or can be updated for any defects within an estimated period harmonious to any agreement related to the services. The user must understand that while using our services, the confidential information will be simultaneously run by the third party which is beyond our control. The organization cannot behold responsible for any such activities and will not warrant such. The user may presume that the organization is not responsible for any modification, compromise, loss, and misuse of customer data or other measures which are provided by us.
The organization is liable for any active, passive, disciplinary, extra, exceptional, commendable, subsidiary or resultant disruptions of any kind which may include loss of name, goodwill, and customer data. This may occur due to anyway linked with our services, the writing or documentation in use related to the terms and conditions, even if based in contract, change any of the legal codes in practice even though is suggested the chances of disruptions. If you do not comply with any liability within the limitation, the organization is not liable to you or your authorized users for the damages caused. The liability under this category of terms will be limited to the monetary charges paid and are liable to paid by you and your authorized users for our services for a term of six months soon or before the circumstances. The transparency in the above limitations will not limit your payments to be obliged to the organizations for the service provided. The organization is liable except for the expropriate use of the intellectual property. The organization cannot be claimed against something that was bought before a year or so as the organization is liable to the use of services until six months from the date of purchase. This liability limitation is the mandatory basis of the bargain between the users and will continue to strive even if any secondary specified in the terms is proven to fail its primary motive.
THIRD PARTY PRODUCTS AND SERVICES
The services provided by the organization may or may not be linked to the third-party database. The third-party database includes information, websites, end products, services and resources which are owned and controlled by the organization. We do not brand any such third party information. You may access and utilize such third-party content and information at your own risk. You must comply that the organization has no liability with actions that may follow due to the use of such third party information, websites, products, services or resources.
The user may comply that the organization may use your name and logo to identify as our customer on our website or maybe any other sales or marketing techniques, provided that the organization shall not release information about you to the press without your consent.
You may avail our services immediately in effect when the payment is, and you sign up for our services in our organization. This can be done until you cancel our services for some reasons and these terms at any time by emailing us to our dedicated help desk and you will be cut off from all our services. The organization shall remove or block our services and these terms temporarily at any time for any circumstances by intimidating the user through documentation. When the services are canceled or cut off the following are bound to happen (i) the dues on payment during the term will be collected. The dues include the 30 days’ notice period in which the services may be temporarily or permanently cut off and will become immediately due and payable (ii) our services will quickly cut off (iii) all the rights given by the organization to the user which falls under these terms will be immediately cut off or at our request. The termination may occur by any chance the services were cut off by us due to suspicion of any illegal activity as abiding by the law enforcement authorities. They will be referred to the law enforcement authorities. We shall not be liable for any suspension or termination of our services. The termination will occur when you do not comply with the preceding, the sections of terms included under the titles "Fees", "Customer Data", "Confidentiality","Warranty Disclaimer","Liability Limitation","Termination","Miscellaneous" and "Contact Information" Terms.
We offer self-governing services. Taking assumptions that we establish any endeavor and deal between the parties or connecting two parties as their mediator or making them combine completely wrong. Complete Contract. The terms we offer are the total contract between the client and us including the deal stuff, and succeeds, new or old, inscribed or oral understandings and old or new bonds. The terms we infuse are solely the properties that we can authorize to any other company or party. The terms we create can be changed, added or edited by the company but the client will not be allowed to change, add or edit any value unless they get authorization by our representative. If you need to use any old forms, such as sale orders, including any old terms and services printed on them, which are different and uneven from these terms, the forms will be accessible but with no outcomes. Your starting off performance and failure of any added terms or condition will not be established an acceptance by a company or company’s affiliated firm if these terms are different or opposite from our terms. Any term can only be ignored by the written contract which should be signed by our authorized representative.
If the facility of these terms is unable to enforce, then these facilities can be replaced by the enforceable facilities. These facilities should be according to the parties’ purposes that are best suitable for unenforceable facilities. The remaining facilities of unenforceability will not have any consequences. Mission. We have the authority to allocate or handover these terms either complete or in parts, to any of our affiliated firm or any merger and reorganization. We may take this step and transfer all of its assets or business without your permission and any notice. We can delegate its duties to any delegator and will be responsible for the performance. You cannot transfer or allocate these Terms or any part of them to any other company without our written permission. You also cannot delegate any duties under these Terms to any company without our written permission. These Terms will only benefit the companies and successors who had written permissions from us.
Anything specifically included in the Terms is not planned to discuss to any party that is not successors and permitted subcontractors of these Terms.
Governing Law & Authority
These terms shall be ruled by the laws of Delaware, United States. These Terms shall not be ruled by the opposite of the rules of any authority or the United Nations agreements for the International product sales.
The specific courts of Delaware, United States, will have control of any clash between the parties. The companies hereby ignore any right that they can face trial by the bench. Every party will have the option to look for an equally suitable relief in any court of authorization to enforce these terms, and they will only increase the cure with no limits. If the authority takes any action to enforce or receive submission with the Terms, then the dominant party will be responsible for the lawyer’s fees and cost along with other relief in the Terms.
Export Controls and Sanctions Compliance
You recognize that the Services (including the software and other workings of the Services) can be controlled by the laws of one or more countries leading technology use and transfer, including U.S. Export Administration Regulations, or maybe drive to the approvals programs of one or more countries. You are bound to have no contact, administration or deliver the services or any tiny part of the services in the exploitation of laws and permissions. You signify and certify that you are not acting on behalf of 1-) any person who is a citizen or a worker from any country or region that is prohibited to export or business from any government or United States, or 2-) any person or worker listed on any repudiated persons or businesses list contained by the United States or any other government, including lists contained by the U.S. Office of Foreign Assets Control regarding sanctions programs, the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, and the U.S. Commerce Department Denied Persons List or Entity List.
You also signify, certify, and agree that you will not allow any person or business that has restrictions or verdict to use the services or any part of the services in the US or any other forbidden country. You also shall not allow any person or business to use any service which is convicted of any violation of US or any other country’s law. You agree that you will follow the applicable laws and rules concerning the use and access of the services by you and your users. If the laws be broken, and you fail to follow these Terms and Conditions, we have the authority to instantly close your account and dismiss your access to the use of services without any notice. You will also not be able to have an opportunity to cure anything important of the account if the facility is broken.
We shall not be accountable for any insufficient inconveniences caused by any condition that is not in our control such as acts of nature, acts of government, flood, fire, earthquakes, civil discontent, acts of terror, raids or other work problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks.
Proper means of communications ensure the appropriate relationship between the organization and the user. We are always dedicated to your queries with utmost care. When we need to communicate with you, we may do so through your email provided in the customer database. Your email address is linked in your account utilizing pop-ups, blogs or websites, system updates or other matters related to our services. You are free to unsubscribe from emails received from us by cutting off from our services. If you happen to have any queries or if you want to contact us under any circumstances you may mail us in our office address or email us. You shall give your name and your account when communicating. Each mail will be treated with care, and each notice shall be sufficient upon receipt.