Last update: January 2020
Please read the Terms and Conditions (the "Terms", "Terms and Conditions") carefully before using the accel-pci.com website (the "Service") operated by ACCEL PCI ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with the Terms. The Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by the Terms. If you disagree with any part of the terms then you may not access the Service.
The Terms are effective upon your access to the Website and will continue to be in effect for one (1) year. The payment for the service are annual and the service must be consumed during that year. You agree that ACCEL PCI may contact you in furtherance of the automatic renewal of the Services after the first year period.
For the renewal process, your anniversary date will be the date at which you SUBMIT your Attestation of Compliance (AOC) in your portal. If you do not SUBMIT your AOC within the twelve months following your purchase of a SAQ, you will not have completed the certification process and you will lose your privileges related to the renewal process.
ACCOUNTS
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
INFORMATION SUPPLIED
The Service supplied depends on the exactitude of the information given, therefore all and any information gathered is required to be exact and precise.
You understand the PCI-DSS certification is solely dependant upon the accuracy of the information provided by you including but not limited to the completeness, spelling, grammar and consistency of names, addresses, descriptions, financial information and the like. You also understand it is your sole responsibility to provide accurate information and you will read all final document(s) before approving, signing, submitting and or returning them to the designated recipients.
Any information deemed false or not exact will void the Service and terminate the account.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by ACCEL PCI.
ACCEL PCI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ACCEL PCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
EXCLUSIVE LICENSE
The user of ACCEL PCI is granted an Exclusive and non-transferable Licence of use. Therefore it could not resell it and it is for its own purpose only for the period paid for in full. This means that no person or company other than the named licensee can exploit the relevant intellectual property rights. The licensor is also excluded from exploiting the intellectual property rights.
Any document generated by the portal cannot be used to be resold.
No Modification of the portal of ACCEL PCI is authorized.
MULTIPLE LOCATIONS
ACCEL PCI is a portal providing material and guidance in order to support small merchants in obtaining their self-certification. Our pricing structure has been designed to help smaller merchants get certified. Merchants with multiple locations or franchisees must open separate accounts and complete the process for each location. If the number of locations exceeds 3, we recommend that you contact ACCEL PCI's technical support in order to evaluate if other alternatives may better apply to your business. We reserve the right to refuse your registration to the certification section of the portal if you exceed this limit of stores or if you need to use a SAQ D.
TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
REFUND POLICY
All services on the ACCEL PCI portal are non-refundable. Each step within the process of PCI compliance includes information containing intellectual proprieties. When you use the portal, you are assigned a non-exclusive, non-transferable and personal license to access this intellectual propriety in different formats. Therefore, no refund can be made after the purchase of such services. However, if you have failed to include a promo code a credit may be applied if we are notified by email within 30 days of the payment of the purchase. You can be assured that our team will give you all the support required to complete your SAQ.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
WARRANTY
No warranty is provided on the ACCEL PCI service.
LIMITATION OF LIABILITY
ACCEL PCI shall not be liable towards the merchant using the portal for any fault or any direct or indirect damage resulting therefore, and the merchant shall indemnify the Consultant and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases:
• unlawful or unauthorized third-party hacking into the Company's computer equipment.
UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL ACCEL PCI (INCLUDING, IF APPLICABLE, ITS EMPLOYEES, ASSOCIATES AND DEVELOPERS) BE HELD LIABLE TOWARDS THE COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA-CONTRACTUAL FAULT OR FROM NEGLIGENCE), EVEN IF THE CONSULTANT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT THE COMPANY MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE CONSULTANT'S TOTAL LIABILITY TOWARDS THE COMPANY EXCEED THE PRICE OF THE SERVICES (ARTICLE 3.1 PLUS ANY AMOUNT OF THE SAME NATURE RECEIVED FOR ADDITIONAL SERVICES). THE MERCHANT EXPRESSLY RELEASES ACCEL PCI FROM ANY LIABILITY EXCEEDING THE SAID LIMIT.
Changes to the Terms and Conditions
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and affiliated portal thereafter. Your continued use of the Website and the Services following the posting of a revised Terms of Use Agreement means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
CONTACT US
If you have any questions about these Terms, please contact us.