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Registration Form

Terms and Conditions

This Mobile SDK Software Development Agreement (the "Agreement") is entered into by and between eProcessing Network with its principle offices at 1415 North Loop West, Suite 1185, Houston, TX 77008, herein ("ePN") and the Mobile Software Developer (named above) on behalf of itself and its affiliated entities ("MOBILE SOFTWARE DEVELOPER"), each a "Party" and collectively, the "Parties" to this Agreement.

WHEREAS, eProcessing Network develops, operates, manages and licenses payment software applications across its secure PCI Compliant processing platform, all designed to improve the boarding processes and collection of consumer payments for Mobile Software Developers;

WHEREAS, eProcessing Network has developed a Mobile Software Development Kit (herein "SDK") for its encrypted audio-jack card reader and mobile app software, (see section 6.) that include enhancements, improvements, updates, additions, derivative works, documentation and related materials (herein "SDK Software") and Mobile Software Developer wishes to receive the SDK Software for its branded use and exclusive connections to the ePN Secure Payment Gateway.

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes any and all communications, representations and arrangements whether written or oral concerning the subject matter hereof and Mobile Software Developer hereby acknowledges that no reliance is placed on any representation made but not referenced in this Agreement. No alteration, modification, waiver or addition to this Agreement shall be valid unless made in writing in accordance with this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the receipt and sufficiency of which are hereby acknowledged, Parties agree to the following terms and conditions for the SDK Software Development Program.

  • DEFINITIONS

    "SDK Development" means the process of developing, testing, certifying and reporting back to ePN detailed in clauses 2.2 and 2.3 below in respect of ePN software or solutions detailed in (section 11).

    "Data" means the data required by ePN in order to configure the SDK Software and Testing environment and the data provided by Mobile Software Developer to ePN in the course of the SDK Development including all data processed during Certification and Testing operations.

    "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, and any other proprietary information (whether registered, unregistered, pending or applied for).

  • FIRST LEVEL MERCHANT/CUSTOMER SUPPORT LEVEL I SUPPORT:
    • LEVEL I SUPPORT MOBILE SOFTWARE DEVELOPER acknowledges and agrees to accept all initial first level support calls from its merchant/customer and further agrees to maintain records relating to problem, resolution and contact information of the Merchant.
    • LEVEL II SUPPORT: MOBILE SOFTWARE DEVELOPER acknowledges and agrees in the case of a technical issue (Second Level) related to the Mobile App or Gateway; MOBILE SOFTWARE DEVELOPER may escalate the call to the appropriate technical contact within eProcessing Network and provide the written records relating to the problem.
  1. SDK DEVELOPMENT REQUIREMENTS
    1. ePN hereby agrees, subject to and during the term of this Agreement to provide the Mobile SDK Software to Mobile Software Developer in accordance with the Agreement and hereby grants the Mobile Software Developer the right to use the SDK Software for the SDK Testing Program.

    2. Mobile Software Developer agrees to: (i) use the SDK Software, to track and report all errors, bugs, defects and/or incompatibilities, or any other relevant information about the SDK Development Program, to ePN; (ii) to promptly update the SDK Software, if issued, with new versions and perform all tests reasonably requested by ePN; (iii) notify ePN of any problems encountered or questions relating to the SDK Software by email to sdkfeedback@eprocessingnetwork.com and ePN shall use all reasonable endeavors to respond to issues raised by Mobile Software Developer by email or phone.

    3. Upon completion of the SDK Testing Program Mobile Software Developer agrees to participate in any feedback process reasonably requested by ePN, including the provision of any appropriate material, statistics or information that is not deemed confidential to Mobile Software Developer for use in ePN marketing, sales, PR and advertising initiatives.

  2. SDK DEVELOPMENT REQUIREMENTS
    1. Parties acknowledge that the SDK Software is software code and Parties hereby accept that the SDK Software is provided "AS IS" with no warranty of any kind, express, implied, statutory or otherwise, including but not limited to, those implied warranties and fitness for a particular purpose all of which are expressly disclaimed.
    2. Mobile Software Developer agrees:
      1. to be bound by and comply with this Agreement;
      2. to use the SDK Software solely as detailed hereunder, for its own purposes and that it shall not demonstrate, license, sublicense, sell, resell, rent, lease, transfer, distribute, time share or otherwise commercially exploit or make the SDK Software available to any third party;
      3. to use all commercially reasonable efforts to prevent unauthorized access to, or use of, the SDK Software, and notify ePN promptly of any such unauthorized use;
      4. not to modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the SDK Software or any portion thereof, and only to copy the SDK Software for testing purposes;
      5. to contact ePN to obtain a "test account" for testing purposes;
      6. to contact ePN in order to "certify" all test transactions prior to obtaining permission to process "LIVE" transactions.

    3. ePN will be responsible for the provision of the SDK Software and the ePN-located configuration and any online or phone advice and guidance with the Mobile Software Developer installation of the SDK Software.

  3. PROPRIETARY RIGHTS
    1. ePN shall retain all Intellectual Property Rights in the SDK Software and all and any changes including but not limited to any modifications, improvements and updates made as a result of the SDK Testing Program. Mobile Software Developer hereby assigns to ePN all right, title and interest in Mobile Software Developer"s SDK Testing results and feedback and all Intellectual Property Rights therein. Except as expressly set forth herein, no ePN Intellectual Property Rights are granted to Mobile Software Developer.

    2. Data provided by Mobile Software Developer to ePN is the property of Mobile Software Developer, and Mobile Software Developer retains all Intellectual Property Rights therein. Mobile Software Developer grants ePN a license to use the Data to the extent necessary for the performance of the SDK Testing and to keep an archival copy for the duration of the Agreement subject to the provisions of the relevant data protection regulations.

  4. CONFIDENTIALITY
    1. Subject to Clause 3.3, each Party will treat as confidential all information obtained from the other party in connection with this Agreement. The receiving party will not disclose such confidential information (except to those who have a need to know, and are under a duty of non-disclosure) or use or permit the use of the confidential information for purposes other than the SDK Development Program. Either party will promptly notify the other in writing of any loss or unauthorized use or disclosure of or access to such confidential information of which it becomes aware.

    2. Subject to Clause 2.3, Mobile Software Developer acknowledges the business sensitivity to ePN of this SDK Testing Program and agrees not to release, publish or disclose information relating to this Agreement, including the functionality, the performance or quality of the SDK Software to any third party.

    3. These obligations of confidentiality will survive termination of this Agreement for a period of two (2) years.

  5. INDEMNIFICATION
    1. ePN will defend and indemnify Mobile Software Developer against all damages and losses finally awarded against Mobile Software Developer or agreed by ePN in final settlement (including reasonable legal fees) arising from a claim that the SDK Software used within the scope of this Agreement infringes any third party intellectual property rights provided that (a) Mobile Software Developer notifies ePN in writing within thirty (30) days of the claim, (b) ePN has sole control of the defense and all related settlement negotiations, and (c) Mobile Software Developer provides ePN with the assistance, information and authority necessary to perform the above. Reasonable, documented, out-of-pocket expenses incurred by Mobile Software Developer in providing such assistance will be reimbursed by ePN. If Mobile Software Developer"s normal use or access to the SDK Software is held or believed by ePN to infringe then this Agreement shall immediately terminate.

    2. This indemnity will not apply to infringement arising out of the use of the SDK Software or any part thereof in combination with any equipment and/or computer programs if such infringement would have been avoided by the use of the SDK Software without such equipment and/or programs.

    3. The foregoing states the entire liability of ePN with respect to infringement or alleged infringement of any third party rights of any kind whatsoever.

    4. Mobile Software Developer will defend and indemnify ePN against all damages and losses, (including reasonable legal fees) arising from a third party claim alleging that Mobile Software Developer"s use of the SDK Software (as opposed to the SDK Software itself) is used to download or share electronic media in violation of such third party"s Intellectual Property Rights in such electronic media or has otherwise harmed the third party. ePN shall provide Mobile Software Developer prompt notice in writing of any such claim or action. Mobile Software Developer shall have sole control of the defense and all related settlement negotiations and ePN shall provide the assistance, information and authority necessary to perform the above. Reasonable, documented, out-of-pocket expenses incurred by ePN in providing such assistance will be reimbursed by Mobile Software Developer. ePN shall be entitled to participate in the defense with its own counsel and at its own expense.

  6. LIMITATION OF LIABILITY
    1. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY"S LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE.

    2. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    3. MOBILE SOFTWARE DEVELOPER ACKNOWLEDGES AND ACCEPTS THAT THEY UNDERTAKE THE SDK TEST PROGRAM AT THEIR OWN RISK AND FREE WILL, AND EXCEPT AS SPECIFICALLY DETAILED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, EPN SHALL NOT UNDER ANY CIRCUMSTANCE BE HELD LIABLE FOR ANY DAMAGES INCURRED BY MOBILE SOFTWARE DEVELOPER RESULTING FROM THE SDK TESTING PROGRAM DURING OR AFTER TERMINATION OF THE AGREEMENT.

    4. THE LIMITATIONS SET FORTH IN CLAUSE 7.3 SHALL NOT APPLY TO MATTERS SUBJECT TO CONFIDENTIALITY UNDER THIS AGREEMENT OR MOBILE SOFTWARE DEVELOPER"S INFRINGEMENT OR MISAPPROPRIATION OF EPN"S INTELLECTUAL PROPERTY RIGHTS THAT INCLUDES THE CONTINUED USE OF THE SDK SOFTWARE BY MOBILE SOFTWARE DEVELOPER AFTER TERMINATION OF THE AGREEMENT.

  7. TERM AND TERMINATIONS
    1. This Agreement shall be effective from the Effective Date and terminate either:

      1. at the conclusion of the SDK Development Program
      2. immediately upon receipt of a written notice of termination from the other party.
    2. Upon termination Mobile Software Developer shall promptly return the original and all copies of the SDK Software and all related materials to ePN or delete the SDK Software and destroy all related materials, and send written notification to ePN that this has been done.

  8. GENERAL
    1. Neither party shall be liable for any delay in performance or failure to perform its obligations under this Agreement due to any cause or event outside its reasonable control.

    2. Any communications required or permitted under this Agreement must be written in English. Parties agree that email communication from authorized parties will be an accepted and binding means of communication hereunder. Alternatively, the address on the signature page of this Agreement may be used. The party serving the notice is responsible for, and shall verify receipt thereof, by the other party.

    3. This Agreement and any arbitration and court proceedings shall be governed by the laws of the State of Texas and held in the City of Houston, TX. The Section headings herein are provided for convenience only. If any provision of this Agreement is held to be unenforceable, it shall be construed without such provision. The failure by a party to exercise any right hereunder shall not waive such party's right to exercise that or any other right in the future.

   I have read and agree with the above terms and conditions

Privacy Policy

Your privacy is important to eProcessing Network. We are providing a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices.

Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with eProcessing Network. Here are some examples of the types of personal information eProcessing Network may collect and how we may use it:

What personal information we collect:

  • When you create an eProcessing Network (ePN) ID, you are securely registering your merchant account on the ePN secure payment processing network or with the ePNMobile app. The information we collect includes your name, mailing address, phone number, email address, contact preferences, merchant processing ID and banking information for billing purposes.

How we use your personal information:

  • The personal information we collect allows us to keep you posted on eProcessing Network's latest product announcements and software updates.
  • From time to time, we may use your personal information to send important notices, such as communications about our network security, software enhancements and updates, and changes to our terms, conditions, and policies. Because this information is important to your interaction with eProcessing Network, you may not opt out of receiving these communications.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve products, services, and customer communications.

Collection and Use of Non-Personal Information

We also collect non-personal information - data in a form that does not permit direct association with any specific individual. We may collect and use non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as transaction types and volume, SIC or MCC codes, zip code, or unique device identifiers, location, and the time zone where transactions are sent from when payment transactions are sent to eProcessing Network's secure payment network.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

eProcessing Network's secure network does not use cookies and other technologies such as pixel tags and web beacons per PCI Security Council compliance rules. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer and enhance the site to ensure a better user experience. eProcessing Network does not distribute this information.

In some of our email messages, we may use a "click-through URL" linked to content on the eProcessing Network website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Disclosure to Third Parties

Service Providers

eProcessing Network does not share personal information with any third party companies unless it is in direct relationship to an associated payment processor who issued the customers merchant processing account ID. These companies are equally obligated to protect your information.

Others

It may be necessary ? by law, legal process, litigation, and/or requests from public and governmental authorities within your country of residence ? for eProcessing Network to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

eProcessing Network takes precautions - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

eProcessing Network online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To login to the ePN merchant resource center (MSC) from these services, you must use an SSL-enabled browser such as Chrome, Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it's transmitted over the Internet.

Integrity and Retention of Personal Information

eProcessing Network makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by securely logging in to your account at http://www.eprocessingnetwork.com and selecting from the drop down menu - Merchant LogIn. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if eProcessing Network is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. All access, correction, or deletion requests can be made by emailing: support@eProcessingNetwork.com.

Third-Party Sites and Services

eProcessing Network websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to eProcessing Network employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about eProcessing Network Privacy Policy or data processing, please contact us.

eProcessing Network may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

eProcessing Network
1415 North Loop West
Suite 1185
Houston, TX 77008

Last updated: January 14, 2014

Anywhere Merchants Do Business®

eProcessingNetwork, LLC is a software development company specializing in Secure Real-Time Transaction Processing, Services and Support. We process credit card, debit card, NFC, Apple Pay, ACH/check, gift card and loyalty transactions Anywhere Merchants Do Business ®.

BUSINESS HOURS

MON - FRI, 8:00am to 5:00pm CST
Location: Houston, TX
Tech Support: 888-571-3678
Reseller Support: 888-491-7177

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