EFFECTIVE DATE JANUARY 20, 2023:
These terms and conditions outline the rules and regulations for the use of SurvFinancial.com/SurvCredit.com public website(s) and financing services.
IMPORTANT: THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE OF THE SITE AND USE OF OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND BILLING SOFTWARE SERVICES (“Services”). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN AT SURV CREDIT’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.
Access to portions of the Site may require that you agree to additional terms (“Specific Terms”) that, together with these Terms, will govern your use of the relevant Site portions. Any relevant Specific Terms will be provided to you before you will be granted first access. Your continued access shall constitute your continued acceptance to any relevant Specific Terms.
There may be costs from Surv Credit for customers of Merchants/Partners to access our lending programs. To access Surv Credit and become our Partner to gain the ability to offer their clients affordable financing options, there is an annual fee paid in advance $99.00. This includes your landing page to finance your services, product training, and access to new lenders and programs as we add to the platform. Should you require access to your own Marketplace Platform, requires a $395 joining fee. The monthly fee for platform access is $49.95, which is billed every 30 days, starting 30 days post-enrollment. The monthly fee will be billed using the card on file or business checking on file. The discount loan fee for a successful loan is billed on a monthly basis via email, and is only determined on the total amount of the loan. The amount of the discount is determined for each individual partner based on Volume, and Market Segment.
We, Surv Financial, are pleased to offer financing and consulting services to your business. Business relationships work best when there is a mutual understanding about the scope of services to be provided. Accordingly, the following represents a binding agreement and sets forth our Terms of Service.
Surv Financial is not a Lending Institution. The types of services we provide include, without limitation; assisting with the establishment of multiple credit accounts on behalf of you and/or your business and general credit education. For the purpose of this letter agreement “Credit Accounts” means; credit lines, credit cards, credit facilities, accounts, loans or similar financing mechanisms, which may be secured or unsecured, guaranteed or not, or established through you personally or your business.
If applicable, Surv Financial will use its best effort to help you acquire credit lines that offer promotional rates of zero percent (0%) interest typically for 4 months and we will make best efforts to provide accurate rate information with regards to new credit accounts. We make no guarantees as to the interest rates or terms in which credit may be granted to our clients by lenders and other financial institutions.
In purchasing business credit services, you understand that once submitted for final approval of credit accounts, that no refunds of any kind will be issued. Our services are not contingent on our clients’ needs for financing or lack thereof. Accordingly, clients may not cancel, withdraw, and intentionally cause to be denied, or fail to follow through on a credit application unless given permission in writing by us. Additionally, if a client does not provide us with an approval or denial letter from the lender within 30 days of submitting an application for credit, such application will be deemed approved and we will include the requested amount in calculating total credit obtained.
I hereby give Surv Financial authority to apply for credit lines on your behalf at banks and institutions who will likely report to the credit bureaus. Banking institutions may OR may not create an impact on our clients’ credit, either positive or negative, which is completely out of our control.
We expect to help position your Experian/Fair Isaac credit score and, thereby, optimize your borrowing power. In order to provide you these services, we may evaluate your credit worthiness by obtaining a credit report or background information about you and/or your business from other appropriate sources.
Due to the nature of our services, you agree to not apply, establish or cause the opening of new Credit Accounts or modify your existing Credit Accounts during our engagement term without the prior written consent from us. Further, you will provide guarantees and/or collateral at such times and to such extent as necessary for the established Credit Accounts.
You specifically acknowledge that you are solely responsible for payment of any debts incurred through the Credit Accounts and waive any claims against us. Further, you hereby agree to indemnify, defend and hold; Surv Financial, its subsidiaries, affiliates, each of their successors, licensees, distributors, assignee’s, their respective officers, owners, executives, employees, attorneys harmless from and against any and all claims, actions, judgments, damages, losses, penalties, liabilities, costs and expenses of whatever kind and nature imposed on, incurred by, or asserted against us or the foregoing parties arising out of or in connection with the services provided by us or any breach by the you of any agreement between you and us.
Surv Financial shall not be held liable to the borrower or to third persons for any loss or damage occurred by the use of credit, funds, and/or other financing obtained through the use of our services. By entering this agreement you acknowledge that any credit, funds, and/or other financing will not be used for an improper or illegal purpose and that you enter into this agreement without the intent to utilize Surv Financial services for an improper or illegal purpose.
In the event a monthly/annual payment is missed (due to card expired or payment unable to process for any reason), Surv Credit will attempt to contact the customer via email and phone. If within 14 days no payment is made, the customer’s landing page access will be removed and reinstated once monthly payment is made.
If you are not approved for an account any and all setup fees charged will be refunded 100% within 24-48 hours.
OWNERSHIP & LIMITED LICENSE
Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to the Site and our Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. The look and feel of the Site and our Services is copyright © 2023 Surv Credit. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.
RESTRICTIONS ON USE
You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) co-brand the Site or frame the Site without our express prior written permission.
To obtain full access to the Site and our Services, you will be required to complete a registration. You will be asked to provide certain registration details or other information to establish an account specific to your choosing according to the Service Plan to be provided by us under the terms set forth at SurvFinancial.com and under the user agreement provided upon enrollment into SurvCredit. .
To create your Account, to login to the Site, and/or to participate in any Services offered by the Site, you must qualify and agree to the conditions set forth in the user terms and agreement provided to you upon creating an account. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms and may result in the termination of your Account and authorization to use the Site and the Services. Specifically, you agree that:
You are either (a) the age of legal consent or (b) you are a minor over the age of thirteen (13) years old and have obtained your parent’s (or your legal guardian’s) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of your age, at any time;
All information that you provide in your registration form with us for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information; All information that you provide to us about you has been provided with your consent. You will use the information fields only to transmit information required to perform the Services requested and will not provide any additional personally identifiable information about you or your customers to us. It is a breach of these Terms for you to provide personally identifiable information to us which is not required to perform the Services requested;
Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, login, or user ID to access or use the Site, to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third-party access to your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, user ID, or password and all such use shall be deemed to be authorized by you;
You have verified and determined that your use of the Site and the Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
You will not use the Site or the Services for fraudulent or otherwise illegal purposes;
You understand that we may detect your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or Services is illegal or restricted;
You will not mask your identity in any way, including without limitation, IP masking or accessing the Site over any type of proxy server; and
You will ensure that all use of your Account fully complies with these Terms. We may suspend or terminate your access to the Site and the Services without notice to you in the event that you do not use the Site or the Services for an extended period of time.
Your Account must be registered under your current full legal name, your email address, and your current business or home address. It is your responsibility to keep your email address current. If you need to update your email address, please contact support@SurvFinancial.com .
To access the full functions of the Site, you must have a valid Account established. Further, you must meet all the conditions described throughout these Terms.
VERIFICATION OF ACCOUNT INFORMATION
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Site and use of the Services does not breach these Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the information required for the performance of the Services. If you provide information to us that requires a higher level of security, such as special categories under the General Data Protection Regulation (“GDPR”), you assume the responsibility of properly securing said information and acknowledge that providing any such information to us which is not required for the performance of the Services is a violation of these Terms.
MODIFICATION & TERMINATION OF THESE TERMS
We may modify these Terms from time to time. We will notify you via email or posting on the Site of such modification and will note the date of the last modification. If you use the Site or the Services after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated either by you or by us as previously described in these Terms.
SERVICE USE & LIMITATIONS
We will make commercially reasonable efforts to keep the Services operational twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (for which we will provide at least eight (8) hours prior notice); or (b) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures, server failures, or delays.
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
We have no obligation to check whether users are using the Site or the Services in accordance with these Terms or any other agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and the Services for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURV CREDIT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE, OR ON ANY WEBSITE OR WEBSITES “LINKED” TO THE SITE. SURV CREDIT MAKES NO WARRANTY THAT THE SITE AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Surv Financial OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES.
You agree that Surv Credit shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site or our Services. You hereby release Surv Credit, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold Surv Credit, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys’ fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.
THIRD PARTY WEBSITES
We may provide links and pointers to Internet sites maintained by others who are independent from Surv Credit (“Third-Party Sites”). We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third-Party Sites. Surv Credit makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Accessing any other website from the Site is at your own risk.
From time to time, Surv Credit may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third-Party Promotions”). You understand and agree to hold Surv Credit harmless and agree that Surv Credit shall have no liability whatsoever for such Third-Party Promotions. If you participate in, click on, or otherwise link to such Third-Party Promotions you do so solely at your own risk. Your sole remedy in connection with such Third-Party Promotions will be with the third party.
UNITED STATES ONLY
All materials on the Site are provided solely for the purpose of promoting our operations and products in the United States and its territories. We make no representation that the products and services on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site or our Services from outside the United States, you are solely responsible for compliance with any applicable local laws.
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms, or in lieu of such proceedings.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively the “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Houston, Texas, at a locale to be proposed by Surv Credit, and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Texas, and shall not use equitable or other principles which would permit the panel to ignore these Terms or the law. The arbitration panel’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollars and other limitations set forth in these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
These Terms shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of Texas.
TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your noncommercial use in learning. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.
This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Surv Credit’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.
COPYRIGHT & INTELLECTUAL PROPERTY
Surv Credit understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. Surv Credit does not review all of the material posted on or submitted through the Site or Members area including form, chat, and message boards, and has no responsibility for any content that you may find or access when using the Site, products, or the Services.
Surv Credit takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user’s Account who infringes or appears to infringe the intellectual property rights of others.
If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to firstname.lastname@example.org.
A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on our website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
Due to IT concerns, attachments cannot be accepted on notices sent via email. Accordingly, any notification of infringement submitted electronically with an attachment will not be processed.
Unless otherwise stated, SurvFinancial.com and/or its licensors own the intellectual property rights for all material on SurvFinancial.com, including the members area and any/all protected pages. All intellectual property rights are reserved. You may view and/or print pages from http://SurvFinancial.com for your own personal use subject to restrictions set in these terms and conditions. All written, video, and image content within SurvCredit is protected by Copyright.
You must not:
Republish material from any page (including members area, Facebook Group, or any other related technology you have access to via http://SurvFinancial.com
Sell, rent or sub-license material from http://SurvFinancial.com
Reproduce, duplicate or copy material from http://SurvFinancial.com
Redistribute content from SurvFinancial.com (unless content is specifically made for redistribution).
Without prior approval and express written permission, you may not create frames around our Web pages or posts or use other techniques that alter in any way the visual presentation or appearance of our Website.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
1.1 Subject to these Terms, Surv Credit will provide Customer with payment solutions for expenses incurred by a client of Customer who has subscribed to Surv Credit Financing’s financial services platform (the “Principal”) as described in Schedule A (the “Services”).
1.2 Surv Credit may modify the Services from time to time at Surv Credit’s sole discretion for any purpose deemed appropriate by Surv Credit. Surv Credit Financing will use reasonable efforts to give Customer prior written notice of any such modification that will have a substantive impact on Customer’s use of the Services.
1.3 Surv Credit may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, advertising serving technologies, email service providers, payment processing services, database management, web analytics and other services).
RESTRICTIONS AND RESPONSIBILITIES
2.1 Customers will cooperate with Surv Credit in connection with the performance of the Services by making available such personnel and information as may be reasonably required and taking such other actions as Surv Credit may reasonably request. Customer will also cooperate with Surv Credit in establishing a password or other procedures for verifying that only designated employees of Customer have access to any administrative functions of the Services.
2.2 Customers will designate an employee who will be responsible for all matters relating to the Services (“Primary Contact”). Customers may change the individual designated as Primary Contact at any time by providing written notice to Surv Credit.
2.3 Surv Credit will use commercially reasonable security measures to protect Customer data against unauthorized disclosure or use.
2.4 Customer will be responsible for maintaining the security of the Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Customer account with or without Customer’s knowledge or consent.
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology, business or services (hereinafter referred to as “Confidential Information” of the Disclosing Party). For clarity, Confidential Information will include any personal information entered by Customer representatives.
3.2 The Receiving Party agrees: (i) not to divulge to any third person any Confidential Information except as provided herein,
(i) to give access to Confidential Information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of Confidential Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect Confidential Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party. Nothing in these Terms will prevent the Receiving Party from disclosing Confidential Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.
3.3 Notwithstanding anything herein to the contrary, Surv Credit
3.4 Except as expressly set forth herein, Surv Credit alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services, including any associated software. Customer grants to Surv Credit a license to use without restriction, attribution or compensation any suggestions, ideas, enhancement requests, feedback or recommendations provided by Customer relating to the Services. These Terms do not convey to Customer any rights of ownership in or related to the Services, or any associated intellectual property rights.
INTELLECTUAL PROPERTY RIGHTS
4.1 Customer agrees to pay the fees for the Services specified.
4.2 Except as provided otherwise in Schedule A, the fees, charges and financial terms of these Terms shall be unchanged for the first year of these Terms, and are subject to increase or modification by Surv Credit thereafter no more than once each calendar year during the term of these Terms upon no less than thirty (30) days prior notice.
4.3 Notwithstanding the foregoing, Surv Credit shall be entitled at any time without prior notice to pass through any access fees and/or increase in communications tariffs related to the Services, including, without limitation, government-imposed access fees, fees resulting from changes in regulation or statute, any third party imposed fees.
PAYMENT OF FEES
4.4 Provider acknowledges that the origination of ACH transactions to Provider account(s) must comply with the provisions of U.S. law. As required by 42 C.F.R. 455.18 and 455.19, I understand in accepting electronic payment that such payment may be from Federal and State Funds and any falsification or concealment of a material fact may be prosecuted under Federal law.
4.5 Discount Fees: Surv Credit merchant fees vary per type of finance program, and is calculated based on the face or funded value of each successful transaction.
4.6 Monthly Membership Fees: If applicable, Your account is billed the first monthly Subscription fee immediately and every 30 days thereafter and is debited via Credit Card/ACH/Check Draft from the provided merchant checking account.
4.7 Per Transaction Fee: A Transaction fee may be charged per loan funded through the Surv Credit loan application Direct to Borrower platform. Fees are debited via ACH/Check Draft from the provided merchant checking account within 10 days per each invoiced funded loan. Please reference your Schedule A for the corresponding per transaction fees.
4.8 Any changes, such as change in bank and/or bank account number will require a new voided check to be used for payment submitted to Surv Credit 15 days prior to any change being implemented. I understand that this payment plan may be canceled by Surv Credit/ due to non-sufficient funds (NSF). In the event my account does not have sufficient funds for the payment and the payment is returned, I will be liable to pay an NSF fee of $25 per occurrence (or the amount allowed by law) which may be automatically debited for each NSF or attached to the payment attempt made by Surv credit. I represent and warrant that I am authorized to execute this payment authorization for the purpose of implementing this payment plan. I indemnify and hold Surv Credit and the bank(s) harmless from damage, loss or claim resulting from damage, loss or claim resulting from all authorized actions hereunder. BY ACCEPTING AND SIGNING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AND REQUIRED APPROVALS AND ARE LEGALLY AUTHORIZED TO ENTER INTO SUCH AGREEMENT AND INTEND TO BE BOUND BY THE TERMS CONTAINED HEREIN.
5.1 Customer may terminate these Terms upon thirty (30) day’s written notice to Surv Credit for Surv Credit’s material breach that remains uncured at the end of such notice period. Surv Financial may suspend the Services immediately upon written notice to Customer if Customer breaches any of the terms or conditions of these Terms, or may terminate these Terms upon thirty (30) days’ written notice to Customer for Customer’s material breach that remains uncured at the end of such notice period. Upon expiration or termination of these Terms, Customer’s right to use the Services will immediately cease.
5.2 All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights,
5.3 Surv Credit represents and warrants that it will provide the Services using commercially reasonable care and skill in accordance with generally recognized industry standards for similar services.
5.4 EXCEPT FOR THE WARRANTIES OF SECTION 7.1, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND. SURV CREDIT (AND ITS AGENTS, AFFILIATES AND SUPPLIERS) HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
6.1 SURV CREDIT hereby agrees to indemnify and hold harmless Customer against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) arising from any third party claim that the Services infringe or misappropriate a third party’s intellectual property rights.
6.2 Customer hereby agrees to indemnify and hold harmless
SURV CREDIT against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) arising from any third-party claim relating to Customer’s violation of these Terms.
6.3 The indemnified party under this Section 8 must (i) promptly
notify the indemnifying party of the third-party claim, (ii) supply any information reasonably requested by the indemnifying party, and (iii) allow the indemnifying party to control, and reasonably cooperate in, the defense and settlement of the claim.
LIMITATION OF LIABILITY
7.1 IN NO EVENT WILL EITHER PARTY (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCLUDING CLAIMS UNDER SECTION 3 (CONFIDENTIALITY) AND SECTION 8 (INDEMNIFICATION), THE TOTAL LIABILITY OF EITHER PARTY TO THE OTHER PARTY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE FEES PAID OR PAYABLE TO SURV CREDIT HEREUNDER IN THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms are not assignable by either party, except that (i) either party may, upon written notice to the other party, assign these Terms to an affiliate, and (ii) Surv Credit may, upon written notice to Customer, assign these Terms to a purchaser of all or substantially all the stock or assets of Surv Credit or to an entity into which Surv Credit is merged. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created because of these Terms, and Customer does not have any authority of any kind to bind Surv Credit in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. Surv Credit will not be liable for any loss resulting from a cause over which it does not have direct control. These Terms will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The federal and state courts sitting in Montgomery county, Texas will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of these Terms, if either party may seek injunctive relief in any court of competent jurisdiction. Elevate requires separate bank approval with time in business and cash flow requirements.
ACH – Bank Information
Upon enrolling into Surv Credit, you will be provided a form where you can enter in your bank account information for ACH for Surv Credit to withdraw the 5% or as agreed fee on funds you have received from clients who used Surv Credit Financing to receive funds for your various means/services/ purchases.
By enrolling into Surv Credit: I authorize Surv Credit to withdraw 5% or percentage as agreed of amount received from the amount that is received from my client from the bank account provided on ACH form following enrollment. I have attached a copy of a check only. I understand this service is provided as a convenience to me.
Subprime and challenged credit programs. Surv Credit offers a variety of challenged credit programs and various rates, these fees will be governed by the dealer agreement executed.
I understand that by signing below I am providing ‘written instructions’ to SURV under the Fair Credit Reporting Act, authorizing SURV to obtain information from my personal credit profile or other information from Experian. I authorize SURV to obtain such information solely to conduct a pre-qualification for credit. This pre-approval will have no impact on your credit score.
Due to an severe increase in online e-commerce payment-card-related fraud, the Covid-19 global pandemic and related economic challenges, and other associated events and circumstances, current Surv Credit company policy only allows us to communicate with clients requesting a refund via the original email address used during signup/checkout. Additionally, mandatory Surv Credit company policy only allows for refunds to be issued to the original payment method used during checkout. Under no circumstances will we communicate with clients requesting a refund using an updated/changed/alternate email address, and under no circumstances will any refund be issued to any updated/changed/alternate payment method. If you are an Elevate customer, and you cancel within 30 days, there is a $195 non-refundable set-up and cancellation fee.
We have a 30-day refund policy for your initial and recurring annual fee of $99.
If our refund policy does not meet your needs or comply with your specific circumstance, we invite you to open a support-ticket directly with your payment card issuer. Your payment card issuer can contact us directly, and we will gladly work with your payment card issuer directly in order to reach a satisfactory outcome. We thank you for your understanding.
25132 Oakhurst Dr Suite 206
Spring, TX 77386
Celebrating 25 years of providing industry-leading financial services to businesses across the United States.
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Celebrating 25 years of providing industry-leading financial services to businesses across the United States.
Subscribe to our newsletter:
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