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TERMS AND CONDITIONS X
 

Conrad Acceptance Corp (CAC) uses third party vendor services to enhance your ability to use online financial tools as a convenience to make your payment(s).

NumeraSave, LLC’s (“NumeraSave”) online billing, invoicing, and payment processing service (the “Service”) is a service made available to businesses (each, a “Business”) for use with their customers (each, a “Customer”). Please read these terms and conditions carefully before using the Service. By using the Service you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. NumeraSave may modify these terms and conditions at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified terms.

Description of Service

CAC accepts Visa, MasterCard and American Express cards. A convenience fee of $3.75 may be collected by CAC for processing these cards.

If you are a Customer, there are no additional fees charged by NumeraSave to you for using the electronic invoice presentation or making payments to Businesses. If you are a Business or employee of a Business who is using the Service on behalf of the Business , in addition to these terms and conditions, you agree that you will be bound by the Master Subscription Agreement and License Agreement between NumeraSave and the Business.

You may access and review your account from your service providers website. You may pay your bill or invoice through the secure account access website by arranging for credit card payment or you may also arrange to electronically pay your bill from your checking account through our service which is provided by third parties.

Terms of Use

Service Provider – The Service is in independent contractor of the Business for all purposes and only assists Businesses in providing online billing, invoicing and payment processing services between a Business and its Customers. NumeraSave does not have control of, or liability for, the products or services that are invoiced or paid for with the Services.

Lawful Use – You agree not to use the Service for any unlawful or abusive purpose, or in any way that interferes with our ability to provide the Service or to any other service to our customers or clients, or in any way which damages our property, or the property of others. You are solely responsible for all content you transmit through the Service.

Fraudulent Use – You must safeguard your password to prevent unauthorized persons from accessing your account information, as you acknowledge that NumeraSave cannot verify the identity of persons using the Service under your password. NumeraSave is not responsible for the use of lost or stolen password information. Should you allow others access to your online account information, you will be responsible for all actions that such persons might take with respect to your account. If you suspect that your account has been fraudulently used or otherwise compromised, you must immediately notify us.

Access to Your Account Information – By using the Service, you grant us permission to access your personal and account information from the Business to the extent necessary to provide the Service to you. You are responsible for and confirming the accuracy of the information you provide about each payment you send, receive or authorize. If you are a Business, you represent and warrant that you have obtained your customers’ consent to NumeraSave’s access to their personal and account information necessary to provide the Service.

Indemnification

You agree to indemnify, defend and hold NumeraSave, its officers, directors, managers, employees, agents, members, licensors, suppliers and any third party information providers for the Service from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions by you. The provisdions of this paragraph are for the benefit of NumeraSave and its officers, directors, managers, employees, agents, members, licensors, suppliers of the Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimers

Except for the information provided by NumeraSave, all information and services offered through the Service or on the Internet generally are offered by third parties or the Businesses that may not be affiliated with NumeraSave. You also understand that NumeraSave cannot and does not guarantee or warrant that files which may be available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

Warranties Disclaimed

You assume total responsibility and risk for your use of the Service and the Internet. All services provided by NumeraSave are provided “as-is”. NumeraSave does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any transaction performed through the Service or on the Internet generally. We make no warranty that the service will be uninterrupted or error free or will meet your requirements for quality, security, or otherwise. NumeraSave’s description of the Service is not a warranty.

Limitation of Liability

NumeraSave shall not be liable for any cost or damages arising either directly or indirectly from any transaction related to the Service. In no event shall NumeraSave be liable for any incidental, consequential, or indirect damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the Service, or any transactions provided on the Service, even if NumeraSave or its unauthorized representatives have been advised of the possibility of such damages.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Florida. You agree that in any legal action or proceeding between you and NumeraSave for any purpose concerning this Agreement, you agree to submit to the exclusive jurisdiction of Lee County, Florida.

Waiver

NumeraSave’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

 

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