Mobile Pay Terms and Conditions

  1. Please read these terms and conditions.  By clicking on the “I Agree” button or by activating and accepting payments with the Card Reader, you are agreeing to these terms and conditions whether or not you have read them.

  2. These terms and conditions govern your use of the Global Payments Mobile Pay Device (the “Card Reader”) and the third party software (the “Mobile Pay App”) provided for use with the Card Reader.

  3. Steps to accept payment.  Before you can accept payments with your Card Reader, you must do the following:
    • Agree to these terms and conditions. 
    • Complete and submit a Merchant Application and agree to the Card Services Terms and Conditions (the “Merchant Agreement”). 
    • Have a compatible mobile device.  Android requires OS version 4.1 or above.  iOS requires OS version 7 or above.
    • Download the Mobile Pay App to your mobile device.  [insert instructions for locating the app]
    • Have a wireless data connection.

  4. Separate Merchant Agreement.  These terms and conditions apply to your use of the Card Reader and the Mobile Pay App and are in addition to the Merchant Agreement, which governs the terms on which Global Payments will provide credit card processing services to you.  In the event of a conflict between these terms and conditions and the Merchant Agreement, the Merchant Agreement shall govern except as specified herein. Your acceptance as a Merchant is subject to credit review and account approval, and your purchase or use of a Card Reader does not guarantee initial or continued acceptance as a Merchant.  

  5. Returns and Technical Support.  Your Card Reader may not be returned to Global Payments.  Your Card Reader may be returned to the retailer only in accordance with the retailer’s return policy.  For technical assistance with the Card Reader or the Mobile Pay App or if you determine that your Card Reader is not functioning properly, please contact Global Payments at [insert 1-800 number contact information and e-mail or website option].

  6. NO WARRANTIES OR REPRESENTATIONS.  GLOBAL PAYMENTS DOES NOT GUARANTEE THAT YOUR CARD READER OR THE MOBILE PAY APP WILL FUNCTION WITHOUT INTERRUPTION.  YOUR CARD READER MIGHT NOT FUNCTION IN SOME LOCATIONS AND MIGHT STOP FUNCTIONING UNEXPECTEDLY.  GLOBAL PAYMENTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE PERFORMANCE, FUNCTION, OPERATION, OR COMPATIBILITY OF THE CARD READER OR THE MOBILE PAY APP.  GLOBAL PAYMENTS DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  GLOBAL PAYMENTS DOES NOT CONTROL SOFTWARE UPDATES FOR THE MOBILE PAY APP AND MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING FUTURE COMPATIBILITY WITH YOUR DEVICE.  GLOBAL PAYMENTS DOES NOT CONTROL THE WIRELESS NETWORK USED WITH YOUR DEVICE AND MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR FUNCTIONING OF THAT NETWORK.  

  7. NO WARRANTY PROVIDED IN THE MERCHANT AGREEMENT IS INTENDED TO CREATE, AND SHALL NOT BE INTERPRETED AS CREATING, ANY WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE CARD READER OR THE MOBILE PAY APP.

  8. NO REMEDIES AGAINST GLOBAL PAYMENTS.  GLOBAL PAYMENTS IS NOT RESPONSIBLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST SALES, OR LOST PROFITS, RESULTING FROM YOUR USE OF, OR THE INABILITY TO USE, THE CARD READER OR THE MOBILE PAY APP.

  9. NO CLAUSE IN THE MERCHANT AGREEMENT IS INTENDED TO CREATE, AND SHALL NOT BE INTERPRETED AS CREATING, GLOBAL PAYMENT’S RESPONSIBILITY FOR ANY DAMAGES RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CARD READER OR THE MOBILE PAY APP.

  10. United States merchants only.  The Card Reader and the Mobile Pay App are for use only by merchants located in the United States.  Use outside of the United States entitles Global Payments to terminate your ability to use the Card Reader.

  11. No resale.  The Card Reader is not for resale.  The resale of the Card Reader entitles Global Payments to terminate your ability to use the Card Reader.  

E-SIGN DISCLOSURE AND CONSENT TO ELECTRONIC RECEIPT OF DISCLOSURES

You understand that in order to submit a Mobile Pay application to Global Payments Inc. (“Global Payments”, “we”, “us”, or “our”) and view and retain a copy of the related notices, disclosures, agreements, authorizations, and other documents during the course of our relationship with you (collectively, “Disclosures”), you must consent to receive Disclosures electronically. Described below are the terms and conditions for providing Disclosures to you electronically. Please read the information below carefully and thoroughly.

You acknowledge and agree that we may provide you with the Disclosures in electronic format, and that we are not required to send a paper document to you. All Disclosures that we provide to you in electronic format will be provided either (i) via e-mail, (ii) by access to our online platform, (iii) by access to our mobile app, or (iv) by requesting you to download a PDF.

1.  Getting paper copies.

You may request from us a paper copy of any Disclosure that we have provided or made available to you electronically, provided that such request is made within a reasonable time after we first provided the Disclosure to you. You will pay a fee of $10 for each such paper copy you request. To request paper copies, you may contact us at 866-716-0521 or by e-mail to ussupport@globalmpos.com.

2.  To advise Global Payments of your new e-mail address.

You are required to provide us with an accurate and complete e-mail address and update any changes to the information promptly. To let us know of a change, contact us at  866-716-0521 or by e-mail to ussupport@globalmpos.com

3.  Required hardware and software.

In order to access, view and retain the Disclosures we make available to you in electronic form, you must provide at your own expense an Internet connected device. You must have the following hardware and software:

Browsers

Up to date internet or mobile browser that we support to access your account

PDF Reader

Software that enables you to view and print Portable Document Files (PDF) such as Adobe® Acrobat Reader or similar

E-Mail Account

An e-mail account with an Internet service provider and e-mail software in order to receive electronic communications from us

Storage Capacity

Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to retain the Disclosures and/or a printer to print them

4.  Federal Law.

All Disclosures we provide to you in either electronic or paper format will be considered “in writing”. You should print or download for your records a copy of this E-Sign Disclosure and Consent of Electronic Receipt of Disclosures (“E-Sign Consent”) and any other Disclosures. You agree and we both intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this E-Sign Consent and (ii) our ability to conduct business with you by electronic means.

5.  Termination/Changes.

We reserve the right, in our sole discretion, to provide you with any Disclosures in paper format and to discontinue electronic provision of Disclosures at any time. We will provide you with notice of any such termination or change as required by law.

6.  Acknowledging your access and consent to receive materials electronically.

By checking the 'I agree' box, you: (i) confirm your consent to receive Disclosures in electronic format; (ii) affirmatively demonstrate your ability to access and read, and also print or save, this E-Sign Consent and the Disclosures; (iii) confirm that you have provided a valid e-mail address at which we can send electronic Disclosures to you; (iv) have access to software and hardware that satisfies the above requirements; (v) agree to the terms and conditions of this E-Sign Consent; and (vi) affix your electronic signature to this E-Sign Consent.