TQI eCommerce Policy
General
This eCommerce Policy (this “Policy”) describes CLIENT responsibilities and restrictions and CLIENT’s eCommerce on TQI Systems offered by TQI and its affiliates (the “Services”) and the website located at www.TQI.Solutions and all associated CLIENT sites (the “TQI Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the TQI Site. By using the Services or accessing the TQI Site, CLIENT agrees to the latest version of this Policy. If CLIENT violates the Policy or authorizes or helps others to do so, we may suspend or terminate your use of the Services.
TQI may provide CLIENT with access to its computers, software, voicemail, e-mail, Internet access, cellular phones, fax and other telecommunications systems (“Technology Systems”). CLIENT understands and agrees that technology systems belong to TQI and that CLIENT is given access to these systems to help perform its job duties and to further TQI and CLIENT interests.
1. CLIENT eCommerce Responsibilities: TQI tools include features that enable CLIENTs to provide or sell products and services to, or otherwise collect payments from, CLIENT’s end users (such activities, “CLIENT eCommerce”). TQI is not a party to, and we are not liable for, CLIENT eCommerce. CLIENT is solely responsible for CLIENT eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
1.1 Taxes. CLIENT is solely responsible for:
1.1.1 All taxes and associated fees associated with CLIENT’s eCommerce, including without limitation any taxes related to the purchase or sale of products or services in connection therewith;
1.1.2 Collecting, reporting and remitting required taxes to relevant government authorities; and
1.1.3 Informing CLIENT’s end users of required taxes and providing them with invoices as required by law. CLIENT also agrees that any tax estimates, reporting or related materials that TQI may provide via the services are for illustration purposes only, and CLIENT may not rely on them to comply with your CLIENT’s tax obligations.
1.2 Fulfillment and Delivery. CLIENT is solely responsible for fulfilling and delivering CLIENT’s
products and services to CLIENT’s end users.
1.3 Claims and Warranties. CLIENT is solely responsible for any claims or warranties made in
connection with CLIENT’s eCommerce.
1.4 CLIENT Service. CLIENT is solely responsible for handling any comments or complaints related to CLIENT’s eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. CLIENT agrees to provide accurate and complete contact information on CLIENT’s site(s) so that end users can submit comments or
complaints to you.
1.5 Site Terms, Policies and Legal Compliance. CLIENT agrees to post and make clearly
available on your site(s) a privacy policy and any other terms or policies that may be required by law, and CLIENT must warrant that CLIENT’s site(s) will comply with all applicable laws and regulations. CLIENT agrees that TQI will not provide any legal advice regarding such terms, policies or compliance.
1.6 eCommerce Restrictions. CLIENT may not offer or sell any products or services which, in TQI’s sole discretion:
1.6.1 May be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive;
1.6.2 Are prohibited for sale, distribution or use; or
1.6.3 Otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy, or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
1.7 eCommerce Suspensions. While TQI would prefer not to, we may, at any time and in our sole discretion and without any notice to you, suspend, disable access to or remove CLIENT’s account, CLIENT’s site(s) or CLIENT’s eCommerce without any liability to you or to any end users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, TQI may suspend CLIENT’s eCommerce if CLIENT violates this Agreement.
1.8 eCommerce Payment Processors. CLIENT agrees when accepting payments from CLIENT’s end users in connection with CLIENT’s eCommerce, CLIENT may integrate only TQI approved third-party payment processors (“eCommerce Payment Processors”). CLIENT’s relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ Terms and policies. TQI does not control and is not liable for any eCommerce Payment Processors, or for any transaction CLIENT may enter with or through any eCommerce Payment Processors. eCommerce Payment Processors are third-party services. While TQI will try to provide advance notice, CLIENT agrees that TQI may, at any time and in our sole discretion, and without any notice to CLIENT, suspend, disable access to, or remove from the services, any eCommerce Payment Processors, without any liability to CLIENT or to any end users, including without limitation for any loss or profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). CLIENT’s eCommerce Payment Processors may provide invoices for any transaction fees associated with CLIENT’s eCommerce transactions.
1.9 Approved Payment Processors and Gateways. Only TPS is considered approved for all TQI systems and gateways. No other payment processors or processing is permitted to be used in or with TQI applications in any way, including iframes, or hosted payment gateways such as, but not limited to, PayPal, Amazon, Stripe or Sage.
1.10 Payment Processor Setup. TPS processing setup, like all other processors, must submit CLIENT’s application through underwriting. While only a few CLIENTs have been rejected, they were rejected for cause. When an application is submitted to CLIENT, TQI will process the application without fee provided all work is completed within (10) ten business days. If CLIENT does not complete their responsibilities within (10) ten business, any labor provided by TQI associated with aiding CLIENT will be invoiced at standard support rates.
1.11 Taxes. All fees are exclusive of applicable federal, state, local or other (“Taxes”). CLIENT is responsible for all applicable taxes in addition to the fees for the services when required to do so. If CLIENT’s organization is exempt from taxes, CLIENT must provide TQI with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certification.
1.12 CLIENT’s eCommerce on TQI Systems. TQI offers tools to help CLIENT conduct eCommerce activities on TQI systems such as selling CLIENT’s products, services or collecting donations. How CLIENT conducts eCommerce activities are CLIENT’s responsibility, and TQI is not liable for it. CLIENT is forbidden to:
1.12.1 Use the services in any situation where failure or fault of the services could lead to death or serious bodily injury of any person, or to physical or environmental damage.