By accessing, downloading, installing, using, or paying Augusta Global,LLC (“Augusta Global”, “AugustaGlobal.com”) services, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood.
“Customer” a person or company that pays Augusta Global via electronic payment.
“Augusta Global Payments” means the feature of Augusta Global designed to collect payment information for the purpose of payment processing.
“Augusta Global Signature” means the on-demand electronic signature Augusta Global service, which provides online display, certified delivery, acknowledgment, electronic signature, and storage services for eDocuments via the Internet.
“eDocuments” refers to a contract, notice, disclosure or other record or document submitted to Augusta Global by Customer for processing.
“Envelope” means an electronic record containing one or more eDocuments consisting of a single page or a group of pages of data uploaded to the system of Augusta Global.
“Payment Applications” refer broadly to all payment applications, gateways, processors and service providers that store, process, or transmit cardholder data as part of authorization or settlement, where these payment applications are sold, distributed, or licensed to Customer and/or you.
“Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses and signature IDs) and maintained by Augusta Global in order to establish the digital audit trail required by Augusta Global.
“You” or “your” means the person or company that pays Augusta Global to make a payment transaction that results in a debiting or charging of an amount to such person’s or company’s payment instrument and the crediting of funds to Customer; and/or accepts a payment transaction that results in a crediting of funds to such person and the debiting or charging of an amount to Customer.
2. PAYMENT TRANSACTION PROCESSING
2.1 To facilitate payments, you will be required to provide Augusta Global with certain information to allow Augusta Global, among other things: transmit your name or other identifying information; to receive appropriate payment authorization if applicable, and to collect any other information a Customer or Payment Application requires of you to send the payment. In order to pay Augusta Global, you must provide current, complete, and accurate information and maintain it as current and accurate. You authorize Augusta Global to store, process and transmit your information as necessary for Customer and/or Payment Application to process a payment transaction to complete a payment for purchase between Customer and you, and/or to maintain Transaction Data.
2.2 You acknowledge and agree that your payment transactions are transactions between Augusta Global and you. Augusta Global is not a payment processor. You acknowledge that Augusta Global does not control the payment methods made available, and Augusta Global cannot ensure that a Customer will complete a transaction.
2.3 You acknowledge and agree that you are responsible for complying and conducting all business transactions in accordance with all applicable federal, state, and local laws and regulations at all times.
3. NO WARRANTY; DISCLAIMERS
AUGUSTA GLOBAL PAYMENTS IS PROVIDED “AS-IS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. AUGUSTA GLOBAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUGUSTA GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE EFFECTIVENESS OR VALIDITY OF ANY PAYMENTS, REGARDING THE TRANSACTIONS SOUGHT TO BE EFFECTED BY ANY PAYMENTS OR E-DOCUMENTS, OR THAT THE FUNCTIONS CONTAINED IN AUGUSTA GLOBAL PAYMENTS WILL BE UNINTERRUPTED OR ERROR FREE. AUGUSTA GLOBAL SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, OR DELAY OR MIS-DELIVERY OF A PAYMENT, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
4. RELEASE AND COVENANT NOT TO SUE
5. LIMITATIONS OF LIABILITY
5.2 Augusta Global shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Augusta Global, including by not limited to, governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
6. GOVERNING LAW
7. MANDATORY ARBITRATION
8. USE OF ELECTRONIC COMMUNICATIONS
8.2 For those communications or records that Augusta Global is otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact Augusta Global through the contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and Augusta Global reserves the right to charge a fee to provide such paper copy; (c) you may contact Augusta Global through the contact page to withdraw consent to receive electronic communications.
8.3 Notice to Augusta Global may be made by mail to: Augusta Global, LLC., Attn: Augusta Global Legal, PO BOX 540, Augusta, GA 30903.
Augusta Global shall have the right, in its sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a Augusta Global website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to discontinue doing business with Augusta Global.
12. ENTIRE AGREEMENT
13. LANGUAGES AND TRANSLATIONS