These Terms of Use (“Terms”) apply to all non-enterprise users of One Page Pay (“Services”). If you are an enterprise user, the Services Agreement between you and One Page Pay governs your use of the Services rather than these Terms.

 

These Terms govern your use of the Services provided to you by Commino Limited. (“One Page Pay” or “Company” as used in these Terms) at the website located at https://www.app.onepagepay.com (the “Site”). By using the Services, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the One Page Pay Services.

 

As used in these Terms, “you” and “Customer” refers to you as our customer personally, and/or the company or other entity who is our customer, who is or will be using our non-enterprise services. The terms “we” and “our” refer to One Page Pay.

 

  1. Who May Use the Services

Except for our free “trial” version of the One Page Pay Services, your right to use the Services depends on you timely paying the required fees. You agree to use the Services only as permitted in these Terms.

 

You accept and assume sole responsibility for your use of the Services. Services are billed a month in advance and you will be automatically billed for the next month’s service at the end of your “trial” period.

 

You may not share your log-in info/credentials with any other person or entity. You are billed on a per form basis as per the pricing listed on our pricing page.

 

  1. Limitations on Use of the Services

You agree that you will at all times use the Services consistent with all applicable laws and regulations, not violating any law, legal right or protection, regulation, legal prohibition, privacy right, or intellectual property right.

 

THIS INCLUDES BUT IS NOT LIMITED TO LAWS AND REGULATIONS PERTAINING TO EMAIL SOLICITATION, SPAM, FINANCIAL AND MONETARY SCHEMES, PHISHING, COMPUTER FRAUD, COMPUTER CRIMES, UNAUTHORIZED COLLECTION OR USE OF DATA OF ANY KIND INCLUDING BUT NOT LIMITED TO DATA THAT IS PROTECTED BY LAW, FRAUD, DECEPTION, INVASION OF PRIVACY, DEFAMATION, DISCRIMINATION, HARASSMENT, TERRORISM, AND THE LIKE.

 

YOU MAY NOT USE THE ONE PAGE PAY TO COLLECT, USE, OR DISCLOSE PERSONAL INFORMATION PROTECTED FROM ANY OF THESE ACTIVITIES UNDER PRIVACY LAWS. YOU FURTHER AGREE TO NOT USE THE SERVICE TO COLLECT, USE, OR DISCLOSE CREDIT CARD INFORMATION OR ANY TYPE OF LOGIN CREDENTIALS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY DATA PROTECTION AND PRIVACY LAWS AND RULES APPLICABLE TO THE SENSITIVE INFORMATION.

 

YOU AGREE THAT ONE PAGE PAY MAY TEMPORARILY OR PERMANENTLY DISABLE YOUR ACCESS TO THE SERVICES IF WE HAVE A GOOD FAITH BELIEF THAT YOU HAVE USED THE SERVICES IN VIOLATION OF LAW OR OF ANY PERSON’S LEGAL RIGHTS.

 

You and agents hereby forever release One Page Pay from any and all responsibility for any and all wrongs and violations committed by you relating to your use of the Services.

 

As between One Page Pay and you, you accept and have sole responsibility for and ownership in the Data that is posted to your account. “Data” as used in these Terms refers to information and data submitted by third parties on/in forms used by you as part of the Services, of whatever nature, including but is not limited to text, characters, numbers, visual content, audio content, software, music, sound, photographs, graphics, messages, tags, and the like. Neither your personal data nor your confidential information is “Data” for purposes of these Terms.

 

You agree that we have the right to immediately suspend your use of the Services without prior notice and without any obligation or refund of fees you’ve paid us if you violate any provision of this section 2.

 

  1. Your Account Terms

You may not access the One Page Pay Services through automated methods, such as the use of robots or other computer code which calls the Services, except where we’ve given you express written permission.

 

Each user must provide a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current One Page Pay Plan allows. The sharing of your One Page Pay Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and for ensuring that each User associated with your One Page Pay Account complies with these Terms.

 

One Page Pay is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account, whether or not you personally posted the Data.

 

  1. Forms and Submissions

One Page Pay does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you use, gather, submit, or make available to others through the use of the One Page Pay Services (“Forms and Submissions”). As between One Page Pay and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page, or Report “public”, you grant One Page Pay a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only be made public with your permission. One Page Pay does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.

 

  1. Payments, Renewals, Credit Card Details, Downgrades, Refunds

Payments. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except for sales taxes as we may be required to add under local law. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the One Page Pay Services.

 

One Page Pay offers payments through third-party payment processors. By making payments to us for One Page Pay services, you indicate that you have reviewed the Terms of Services and privacy policy of the payment processor for the country in which you are located and agree to both.

 

Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your One Page Pay subscription will automatically renew at the end of each billing cycle until you cancel your One Page Pay subscription by deleting the forms in your account. You can also cancel your One Page Pay subscription by submitting a request to the One Page Pay Support Team. If you downgrade, your account will remain at your current plan through the end of your current billing cycle.

 

Credit card details. If you have elected to pay the fees for a One Page Pay subscription by credit card, you warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, One Page Pay may suspend or cancel your One Page Pay subscription.

 

Downgrades. Downgrading your One Page Pay account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, One Page Pay does not accept any liability for such losses. Downgrading your subscription will not cause you to lose your forms or your data.

 

Cancellation. Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your One Page Pay subscription at any time, go to the account section, and delete your forms. Canceling auto-renew prevents your payment method from being charged in advance at your next billing date.

 

  1. One Page Pay’s Use of Data

You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Services to you, to protect the Data, and to protect our online or computer resources from unlawful cyberattacks. We will not modify any Data, copy Data onto any media, disassemble, decompile or reverse engineer all or any part of the Data, or use, duplicate, transfer, sell, distribute or otherwise disclose the Data to any other party.

 

  1. Trademarks

You shall not use or display the One Page Pay trademark or logo of the other party without our written permission. This section shall survive termination or expiration of this Agreement.

 

  1. Term and Termination

You shall be permitted to use the Services for the period of time for which you have paid us the required fees to use the Services. You agree that we may immediately terminate this Agreement if you materially breach any provision of this Agreement.

 

  1. Warranties

Mutual Warranty. Each party warrants to the other party that it has the legal power and authority to enter into this Agreement and that the person signing for that party has the authority to bind that party to the terms of this Agreement.

 

Disclaimer of Implied Warranties. THE SERVICES ARE PROVIDED AS-IS. ONE PAGE PAY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Defense & Indemnity

You agree that you will defend One Page Pay against claims or proceedings alleging that Data or our transmission or hosting thereof infringes or violates the rights of a third party or violates data privacy or protection laws, and you agree to indemnify One Page Pay against damages and costs (including reasonable legal fees) finally awarded by a court of competent jurisdiction or in a settlement of the claim approved in writing by you.

 

  1. Limitation of Liability

Limitation on Damages. EXCEPT FOR YOUR OBLIGATION TO PAY FEES, IN NO EVENT SHALL ONE PAGE PAY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.

 

Disclaimer of Consequential Damages. EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR LOST REVENUE OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

 

Scope of Limitations on Liability. THE LIMITATIONS SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.

 

European Data Collection. If you collect personal data in Europe, you can be assured that our servers and data are held in Europe. However, you must use the EU Safe data feature provided by your payments processor and your CRM.

 

Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, One Page Pay Inc. does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our Customer Support or fill our opt-out form.

 

Copyright Infringement. One Page Pay respects the intellectual property rights of others. Accordingly, One Page Pay has a policy of disabling access to any Submission that violates copyright law, suspending access to the One Page Pay Services to any user who uses the One Page Pay Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the One Page Pay Services in violation of copyright law.

 

  1. Other Provisions

Modifications To the Services. One Page Pay reserves the right to modify the Services with or without notice to you. One Page Pay shall not be liable to you or any third party for any such modifications.

 

Email Communications. By giving your email address to One Page Pay, you agree to receive occasional administrative, announcements, newsletters, sales, and marketing emails from One Page Pay. You can opt out from these emails by clicking on the “unsubscribe” link at the end of the emails.

 

No Resale Of the Services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion the Services, use of the Services, or access to the Services.

 

Email Delivery. We endeavour to ensure successful delivery of emails, but we do not guarantee successful delivery of your email notifications. We recommend checking your CRM AND/OR Payment Processor site daily to make sure you do not miss any form submission notifications.

Form Availability. One Page Pay makes no warranty that forms provided by the Services will be available 100% of the time or that they will be error free. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM ANY ERRORS ON A FORM OR UNAVAILABILITY OF A FORM.

 

  1. General

Assignment. You may not assign any of your rights or obligations under this Agreement without the prior written consent of One Page Pay (not to be unreasonably withheld), except, if you are a company or other entity, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the entity’s assets. In the case of an assignment permitted under this section, you agree to ensure that the assignee agrees in writing to the terms of this Agreement.

 

Relationship of the parties; No Third-Party Beneficiaries. The parties hereto are independent entities. Nothing in this Agreement or any attachment hereto creates or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.

 

Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain if the issue is outside of this scope in nature. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

 

Disputes; Arbitration. The parties agree that all disputes between them shall be finally resolved by binding arbitration before a single neutral arbitrator under the auspices of the relevant ombudsman, if the arbitration is filed in a country in which the relevant ombudsman has offices; arbitration shall not be filed or take place in any other location. The ombudsman shall give a written opinion stating the factual basis and legal reasoning for their decision. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs associated with the arbitration. An arbitration award shall be enforceable in a court of competent jurisdiction over the parties. No claim shall be initiated or filed against the other party more than one year after the cause of action arises. Notwithstanding the foregoing, any request by a party for injunctive relief shall be brought before a court of competent jurisdiction and not through arbitration, nor shall an arbitrator have the authority to issue injunctive relief. THE PARTIES HEREBY VOLUNTARILY WAIVE A TRIAL BY JURY OF ALL CLAIMS.

 

Manner of Giving Notice. Notices regarding this Agreement shall be in writing and addressed to us to support@OnePagePay.com.

 

One Page Pay shall not be liable to you for any delay or failure to perform hereunder (excluding payment obligations which may be delayed but not excused) due to circumstances beyond such party’s reasonable control, including acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (excluding those involving such party’s employees), service disruptions involving hardware, software or power systems not within such party’s reasonable control, and denial of service attacks.

 

Except as prohibited by law, English shall be the governing language of this  Agreement.

 

Entire Agreement. This Agreement, together with the Attachments hereto, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of their parties’ agreement and intent. This Agreement supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. The parties agree that any terms or conditions stated or referenced in or on a document or documents other than this Agreement that contradict this Agreement are null and void. No amendment, addendum, or other document the intent of which is to add to or otherwise modify the Agreement, or waiver of any provision of the Agreement, shall be effective unless in writing and signed by both parties.

 

Severability; Construing; Counterparts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this Agreement shall not be construed against either party as the drafter. This Agreement may be executed in counterparts.

 

Termination. You agree that One Page Pay may terminate your One Page Pay Services membership or suspend your access to all or part of the One Page Pay Services, without notice, if One Page Pay determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that One Page Pay shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the One Page Pay Services. You may discontinue your participation in and access to the One Page Pay Services at any time.

 

Upon termination of this Agreement, for any reason, you agree to cease all use of the One Page Pay Services. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.

 

Modifications To Terms. One Page Pay may, in its sole and absolute discretion, change these Terms from time to time. One Page Pay will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the One Page Pay Services. Continued use of the One Page Pay Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

Modifications To One Page Pay Services. Prices of all One Page Pay Services, including but not limited to subscription plan fees to the One Page Pay Services. One Page Pay reserves the right to modify or discontinue the One Page Pay Services with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the One Page Pay website or the One Page Pay Services itself.

 

One Page Pay shall not be liable to you or any third party should One Page Pay exercise its right to modify or discontinue the One Page Pay Services.

 

One Page Pay shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services as envisaged under Termination section.

 

One Page Pay shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.

 

Links. One Page Pay’s provision of a link to any other website or Internet resource is for your convenience only and does not signify One Page Pay’s endorsement of such other web site or resource or its contents. One Page Pay shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.

 

One Page Pay is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, One Page Pay provides links to resources. One Page Pay makes no representations as to the quality, suitability, functionality or legality of any websites to which One Page Pay may provide links, and you hereby waives any claim you or the User may have against One Page Pay with respect to any such websites. Unless you have a written agreement or a specific consent in effect with One Page Pay which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that One Page Pay is affiliated with any person or entity, or that One Page Pay otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the One Page Pay name and Trademarks; (c) all links to the Websites must “point” to the URL “www.OnePagePay.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.

 

Indemnification. You agree to indemnify, defend, and hold harmless One Page Pay, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the One Page Pay Services, (b) your (or anyone using your account’s) use of the One Page Pay Services, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.

 

Contracting Entity. If you are located in the United Kingdom (“UK“), the contracting One Page Pay entity is Commino LTD. For any Services provided by Commino LTD, references to “One Page Pay”, “we”, “us”, and “our” are references to One Page Pay LTD, located at 32, Willoughby Road, London, N8 0JG, United Kingdom with ICO Registration: CSN3902434 and Companies House Registration number: 10084916.

If you are located in the UK, these Terms and the relationship between you and Commino LTD shall be governed by the laws of England and Wales. If you are located in a region outside of the UK, these Terms and the relationship between you and Commino LTD shall also be governed by the laws of England and Wales. All legal matters arising from or relating to these Terms or your use of the One Page Pay Services shall be brought in the courts located in the United Kingdom, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

 

The failure of One Page Pay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of One Page Pay and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the One Page Pay Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth in these Terms, shall remain in full force and effect notwithstanding any termination of your use of the One Page Pay Services.

 

Third Party Vendors. The User may order or use services through the One Page Pay Services from third parties not affiliated with One Page Pay (”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the One Page Pay Services, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.

 

All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. One Page Pay makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider One Page Pay, nor will One Page Pay be construed, as a party to, or a third party beneficiary of, such transactions, whether or not One Page Pay may have received revenue or other remuneration in connection with the transaction. One Page Pay will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.