These Terms of Service (the “Terms”) constitute a legal agreement (the “Agreement”) between the individual or business entity identified as the “Merchant” on the Application page (referred to as “you,” “your,” or “user”) and Paycron.com (“Paycron” or “Provider”). By accessing or using the services provided by Paycron, you agree to be bound by these Terms and conditions. If you do not agree with these Terms, you should not use Paycron’s services. Your continued use of our services constitutes your acceptance of these Terms.
1. Service Description
The term “Paycron service,” “our service,” or “the service” refers to the eCheck processing services provided by Paycron, where our software or portal is utilized by the Merchant to generate eChecks according to electronic requests made via our approved portal. Paycron or its designated partners may facilitate the provision of check images electronically through our platform as requested by the Merchant. Please note that Paycron does not act as a check processing entity, nor does it handle any funds transfer. We do not operate as an ACH Processor and do not utilize ACH Networks. Paycron does not guarantee the clearance of any check and will not be held accountable for any associated bank fees. You acknowledge that Paycron is not a bank, financial institution, or third-party payment processor.
2. Modifications to Terms of Service
Paycron reserves the right to modify these Terms of Service at any time. Such modifications will be effective immediately upon publication. For existing customers, changes will take effect 30 days after notification, unless otherwise stated.
3. Privacy
Your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using our services, you acknowledge that you have received, read, and agree to our Privacy Policy, which is linked and incorporated into this Agreement.
4. Acceptance and Qualification
Paycron retains sole discretion in determining the eligibility of applicants for our services based on our established Underwriting Guidelines.
5. Personal Guarantee
In consideration of Paycron’s acceptance of this Agreement, the individual signing the Application (referred to as the “Merchant”) unconditionally guarantees, both individually and jointly, the performance of all obligations under this Agreement and the payment of all amounts due. The Merchant remains personally liable for all applicable fees.
6. Use of Deposit Service
The Merchant acknowledges that Paycron’s software generates eChecks in accordance with the Uniform Commercial Code. It is the Merchant’s sole responsibility to deposit these checks into their own bank account. Paycron will not process requests for eChecks to be deposited into the Merchant’s bank account.
7. Security and Verification Procedures
The Merchant understands that Paycron’s security and verification services are designed to mitigate errors but may not detect all errors in the transmission or content of eChecks. The Merchant is responsible for identifying and addressing any errors and notifying Paycron as described in this Agreement. The Merchant agrees that our security and verification procedures are commercially reasonable, and any eCheck instructions issued in the Merchant’s name and accepted by Paycron will be binding.
8. Unauthorized Account Activity
The Merchant is solely responsible for all activities conducted under their account, whether authorized or unauthorized. The Merchant agrees to notify Paycron immediately of any unauthorized use or suspected breach of their account security.
9. Fraudulent Checks
The Merchant certifies that all financial institution details, including account and routing numbers, provided to Paycron are accurate and truthful. The Merchant acknowledges that, while Paycron employs commercially reasonable security and verification procedures, these may not detect all fraudulent checks. Paycron will not be held criminally or civilly liable for any fraudulent checks.
10. Returned Items
The Merchant is fully responsible for all financial account information provided to Paycron. Paycron shall not be liable for any NSF fees or other administrative or punitive charges incurred by any financial institution due to returned checks, including those returned for insufficient funds, stop payment, closed account, or any other reason.
11. Restricted Use
Paycron will not knowingly provide services to any individual or organization involved in activities that are illegal under U.S. law or that do not align with our business practices. We reserve the right to reject any Merchant account that may use our services for illegal or fraudulent purposes. The Merchant agrees to comply with all applicable laws and regulations related to the products or services offered. The Merchant shall not disseminate any unlawful, harmful, or exploitative information. The Merchant agrees to use Paycron’s services solely for their intended purposes and not to access unauthorized materials or information. Reselling or commercial exploitation of Paycron’s services without explicit written consent is prohibited. Violations may result in immediate suspension or termination of the account and potential legal action.
12. Security and Fraud Protection
Paycron is committed to maintaining the security of personal data. We implement administrative, technical, and physical measures to protect data stored on our servers or those of our Authorized Third-Party Vendors. While we strive to secure your data, we cannot guarantee that unauthorized third parties will not gain access. By providing personal information, you acknowledge and accept these risks. Please review our Privacy Policy for details on how we collect, use, and protect your information.
13. Account Access and Passwords
You are responsible for maintaining the confidentiality of your password and account access. If you permit Authorized Users or others to access your account, you are responsible for their transactions. If you suspect any unauthorized access, notify us immediately at +1-800-982-1372 or support@paycron.com.
14. Efforts for Timely Payments
Payment transactions may be subject to delays beyond our control, such as those caused by financial institutions or delivery carriers. We are not liable for any late payment charges due to such delays. While we make reasonable efforts to validate checks, we do not guarantee that funds will be available or that the status of your client’s bank account will remain unchanged.
15. Disclosures and Notifications
Disclosures and notices regarding the Service may be sent via email to the address listed in your Paycron Account. Electronic notices are considered received within 24 hours of sending, unless notified otherwise.
16. Cancellation
You may cancel your Paycron service at any time; however, no refunds will be issued for partial months or unused prepaid services. To cancel, please email support@paycron.com. Cancellation fees may apply, and Annual Security Fees are due upon cancellation.
17. Termination
Paycron reserves the right to terminate services and access to our software/portal/gateway at our discretion based on changes in your risk profile, legal status, customer complaints, or other factors. Upon termination, access to the Service will cease immediately. No refunds will be issued for partially used credits, and all remaining fees are due immediately. Termination does not relieve you of your obligations under this Agreement.
Upon termination, you agree to: (i) Cease using the Service, (ii) Discontinue the use of Paycron’s trademarks, (iii) Remove Paycron references and logos from your website, (iv) The license granted under this Agreement ends, (v) We may delete all your information and account data, (vi) We are not liable for any compensation, and (vii) You remain liable for any fees incurred prior to termination.
18. Your Responsibilities
You are responsible for all claims, fines, fees, penalties, and liabilities arising from your use of the Service and any breach of this Agreement. You agree to indemnify and hold harmless Paycron and its affiliates from any claims or liabilities resulting from your breach, negligence, or misconduct.
19. Representations and Warranties
You represent and warrant that: (a) If you are a natural person, you are at least 18 years old, (b) You are eligible to use the Service and have the authority to enter into this Agreement, (c) The name you use is accurate, and any information provided to Paycron is current and correct.
20. No Warranties
All services and information provided by Paycron are on an “As-Is” and “As Available” basis. We disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose.
21. Choice of Law
These Terms and conditions are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes will be resolved through binding arbitration.
22. Arbitration
Disputes will be settled through binding arbitration under the rules of the American Arbitration Association. Each party will bear its own arbitration costs.
23. Right to Amend
Paycron reserves the right to amend these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.
24. Assignment
This Agreement may not be assigned by you without our prior written consent but may be assigned by us without restriction.
25. Parties
This Agreement binds you and your heirs, representatives, successors, and permitted assigns.
26. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to permit enforcement.
27. Entire Agreement
This Agreement, along with all incorporated policies and procedures, constitutes the entire agreement between you and Paycron. It supersedes any prior agreements or understandings regarding the Service. If any provision is deemed invalid or unenforceable, it will be modified as necessary, and the remaining provisions will continue to be in full force and effect.