TERMS OF SERVICE
Welcome to ChargeSentry.com. The Terms of Service set forth herein (“Agreement”) constitute the full and complete Agreement between you (“You” or “Your”) and ChargeSentry, LLC (hereinafter referred to as “ChargeSentry” or “We” or “Our” or “Us”). The website ChargeSentry.com (the “Site”) is controlled by ChargeSentry. Your agreement to be bound by these Terms of Service (“Terms”) and our Privacy Policy is expressly acknowledged by creating an account with ChargeSentry or by any use of the Site as an unregistered user (“User”). The terms contained herein supersede and replace any other Agreement between You and ChargeSentry whether oral, written or otherwise at any time.
1. Services
1. The ChargeSentry service aids merchants in responding to chargeback requests, as well as additional related services. Once registered, ChargeSentry manages merchants’ of incoming customer chargebacks and responds to the request (the “Services”).
2. Your Account
2.1. Account Registration. Users must register with ChargeSentry in order to receive the Services. When registering with ChargeSentry, You will be asked for information such as but not limited to: Your name, the legal business name, business email address, business address, business telephone number, and website address. You agree to provide and maintain accurate, truthful, and complete information when You register. By creating your account, You agree and confirm that You are authorized to create such an account on behalf of the business you represent. The confidentiality of your password is Your complete responsibility, and You agree to prohibit others from using your account.
2.2 Memberships and Fees. ChargeSentry offers several different tiers of memberships for its account holders, available on Https://ChargeSentry.com. All fees and memberships offered are subject to change at ChargeSentry’s sole discretion. In the event of such change, ChargeSentry will provide existing registered account holders with a thirty (30) day notice. If you do not wish to accept the changes you may cancel your membership in accordance with Section 3, herein.
2.2.1. Free Memberships – ChargeSentry provides free limited memberships. Free Memberships do not accrue a monthly fee but are limited in the services that they offer. You can upgrade your membership to a Paid Membership at any time.
2.2.2 Paid Memberships – ChargeSentry offers different paid accounts that automatically renew on a monthly basis at the rate You agreed to when You subscribed (the “Subscription”). You are automatically charged to the credit card or other form of payment you provide at the time You agree to Your Subscription. ChargeSentry will continue to charge You on a monthly basis until Your Subscription is canceled by You or terminated in accordance with these Terms.
2.3 By creating an account, you understand, agree, and permit ChargeSentry to access, store, and otherwise process relevant transaction, customer data, transaction data, and chargeback or dispute data. Access to this information is necessary to provide you with Services. All such access is in accordance with our Privacy Policy. You understand that by creating an account with ChargeSentry You authorize and permit ChargeSentry to link to Your payment processor.
2.4 Communications. By creating an account, You agree to receive periodic emails messages, and telephone calls from ChargeSentry and its trusted third party service providers. You can opt out of these types of communication by contacting via email at support@ChargeSentry.com. Please note, some email messages and telephone calls are necessary in order to carry out the Services to you and completely opting out of these communications may affect the quality of the Services offered to You.
2.5 Cancellation Policy. You may cancel Your account at any time by contacting Us via email at support@ChargeSentry.com or by submitting a cancellation request within the ChargeSentry customer portal. If You have a paid Subscription, requests to cancel your account must be received at least 24 hours before Your next renewal date in order to avoid being charged. If You cancel within 24 hours but prior to Your renewal date then You may still be charged, but You will be refunded the amount back to Your original form of payment if there is no additional usage. If You cancel after Your renewal date You will be able to use Your account until Your next renewal date and Your account will terminate on Your next renewal date. No prorated refunds are permitted.
2.6. Payment of Fees by Credit Card. ChargeSentry accepts payment by Credit Card In addition and may from time to time allow additional forms of payment. The offering of a particular form of payment does not obligate ChargeSentry to continue to offer that form of payment in the future. If You have any questions concerning the current available payment options, please contact Us.
2.6.1. Prior to activation of Your account and at any applicable time thereafter You agree to allow ChargeSentry to charge Your provided credit card or other payment method provided (“Payment Method”), and at stated regular intervals the agreed service fee amount for the stated period together with any other charges outlined herein as may be applicable. You further authorize ChargeSentry to charge Your Payment Method for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You further authorize ChargeSentry to charge Payment Method for any applicable overage fees as describe in these Terms. You agree to maintain current valid existing credit card or other payment method information with ChargeSentry for the purpose of satisfying the charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of ChargeSentry under Paragraph 3 herein.
2.7 Refund Policy. ChargeSentry prioritizes the satisfaction of its customers. You may be eligible for a refund of your monthly subscription fee if ChargeSentry does not recover the value of Your Subscription for that given month subject to the following conditions, at ChargeSentry’s sole and absolute discretion:
- a) You must have at least four times the value of Your Subscription in chargebacks in that given month;
- b) You must have at least four unique customer chargebacks in that given month;
- c) the value of each of the chargebacks for the given month must be equal or greater tha the value of Your monthly Subscription;
- d) The response from Your payment processor relates back to the month the chargeback response was submitted and Your refund request must meet the conditions set forth herein for the month the requested was submitted and not the month the payment processor’s decision was released; and,
- e) You are limited to a refund of a maximum of three (3) months of monthly subscription fees or $1,000, whichever is less, in a twelve (12) month period.
In order to qualify for the refund policy, your payment processor must respond with a win or loss status to the chargeback. You understand that ChargeSentry has no control over the response time, if any, by the payment processor. Typically, chargeback status is updated within 90 days or less from the date it was submitted to the payment processor but can take up to 12 months. ChargeSentry is not responsible and accepts no liability for timing, delays, or non-response from Your payment processor. In some cases, Your payment processor may not respond at all.
2.8. Promotions. ChargeSentry reserves the right to offer promotional rates which may or may not be more favorable than the terms under which You entered this Agreement. Any such special rates shall not affect the then existing rights and responsibilities of each party. ChargeSentry reserves the right to change the rate charged for any such fee under this Agreement with 30 days’ notice.
3. SUSPENSION AND TERMINATION
ChargeSentry may suspend or terminate Your account at its sole discretion for any reason set forth herein or in the event that You breach any term of this Agreement. In the event of a breach of this Agreement You will not be eligible for a refund. If Your account is Terminated any and all of Your information may be removed from the ChargeSentry system and servers. This information may not be available to you after termination of Your account.
Any such termination shall not affect ChargeSentry’s rights or remedies available under this Agreement and under California Law.
4. ACCEPTABLE USE
ChargeSentry strictly enforces compliance with its acceptable use terms set forth below.
4.1. You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2. You agree not take any action that will cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
4.3. You agree not to transmit any unsolicited commercial or bulk email.
4.4. You agree to use the System and Services only for the purposes intended under this Agreement.
4.5. You agree not to make or attempt any unauthorized access to the ChargeSentry server or to any ChargeSentry account holder’s account.
4.6. You agree not to undertake any action which is harmful or potentially harmful to the ChargeSentry server structure.
5. MODIFICATION TO THE SITE AND SERVICES OFFERED.
ChargeSentry reserves the right to make any changes, additions or discontinue all or part of the Site or Service without prior notice to You.
6. WARRANTIES AND LIMITATIONS
6.1. ChargeSentry is committed to maintain the operation of Site and Services, however, ChargeSentry does not in any way warrant or otherwise guarantee the availability of the Site or Services and is not responsible for any delay or loss of data or any other such issues.
6.2 CHARGESENTRY DOES NOT GUARANTEE OR WARRANT THE SUCCESSFUL OUTCOME OF ANY CHARGEBACK REQUEST AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE RESULT OF ANY CHARGEBACK REQUEST. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK.
6.2. THE CHARGESENTRY SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3. You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
6.4. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE, SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO CHARGESENTRY IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL CHARGESENTRY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
6.5. THERE SHALL BE NO WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN AS MAY BE EXPRESSLY STATED HEREIN.
7. INDEMNITY
7.1. You agree to fully defend and indemnify and hold harmless ChargeSentry of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or Your negligence whether active or passive or any negligence of ChargeSentry in any way related to Your use of the ChargeSentry Services or Site or any portion thereof.
7.2. You agree to fully defend and indemnify and hold harmless ChargeSentry of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of Your use of the ChargeSentry Services or Site or any portion thereof.
7.3. You assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to Your account. You further agree to defend and indemnify and hold harmless ChargeSentry of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential account information such as your username and password. Choice of counsel remains exclusively that of ChargeSentry.
8. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY.
8.1. You agree and understand that during the Term of this Agreement and thereafter You may come into possession of ChargeSentry’s confidential and proprietary information. You acknowledge that all right and title to any such intellectual property shall remain the sole property of ChargeSentry and that You have no right, title, or interest therein. You further agree not to provide access to the ChargeSentry Services to any third party. You agree not to in any way, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the ChargeSentry Services, and also agree not to assist any third party in doing so in any way. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the ChargeSentry Services or Site shall also remain the sole property of ChargeSentry.
8.2. You are granted a non-exclusive, non-transferable, fully revocable license to access and use the Site and Services for personal or business use depending upon the nature of Your use. No portion of the Site or any Services may be copied, sold, retransmitted or otherwise used by for any reason without the express advance written consent of ChargeSentry. You agree and understand that ChargeSentry owns all legal right, title and interest to the Site and Services. Nothing in these Terms aside from this paragraph gives You a license or right to use the intellectual property of ChargeSentry, including any trademarks, service marks, logos, domain names and copyrighted information without a written Agreement between You and ChargeSentry.
8.4. By sending, displaying, transmitting, or otherwise distributing information or other content to ChargeSentry You grant ChargeSentry its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display, reproduce, and edit Your information or content.
9. NO FINANCIAL ADVICE
All content provided through the Site or Services is of a general nature and in no way constitutes legal or financial advice of any kind. Always contact your lawyer or financial advisor regarding legal or financial matters.
10. FORCE MAJEURE
In the event either party is unable to perform its obligations under the terms of this Agreement due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
11. ASSIGNMENT
This Agreement and the rights hereunder are not assignable or transferable except that ChargeSentry may assign its rights hereunder. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
12. NON-WAIVER
You agree that if ChargeSentry does not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of ChargeSentry’s rights and that those rights or remedies will still be available to ChargeSentry.
13. SEVERABILITY
In the event that any provision or part of this Agreement is held to be invalid or enforceable such invalidity shall not affect the validity or operation of any other part or provision and such part or provision shall be deemed to be severed from the Agreement.
14. CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of law’s provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating thereto shall be venued in the state or federal courts of the State of California, County of Los Angeles. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
15. AMENDMENT
ChargeSentry may without advance notice amend this Agreement from time to time and will do so by posting the new Agreement on this page. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts and Users.
16. NO AGENCY
You agree and understand that notwithstanding any other provision of this Agreement, ChargeSentry is not Your agent, partner or joint venturer in any respect.
17. NOTICE
17.1. Any notice under this Agreement shall be given by ChargeSentry to You via email associated with your account. To change the email address associated with your account contact us at support@ChargeSentry.com.
17.3. Any other notice by You to ChargeSentry shall be sent via United States Mail to the following Address:
ChargeSentry, LLC
15165 Ventura Blvd., Suite 200
Sherman Oaks, CA 91403
18. SURVIVAL
Sections 3 -17, inclusive, of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
