Last Updated: January 20th, 2023
These Terms of Service (as updated from time to time, Terms) between you (including your authorized employees and agents) and Cobalt Payments, Inc. and affiliates as applicable, Cobalt) govern your access to and use of Cobalt’s products and services (collectively, Cobalt Services). Any of your obligations set out in these Terms relating to the use of a Device (defined below) or of the Cobalt Services are in addition and not in substitution of any other obligations imposed on you by any Authorized Provider (as specifically identified therein) under any separate agreement covering purchase or lease of such Device or Cobalt Services.
- Accepting the Terms; Use of the Cobalt Services
2.1 You accept these Terms when you use any of the Cobalt Services or click to accept these Terms (where this option is made available to you). Your acceptance of these Terms creates a contract between you and Cobalt. You cannot use the Cobalt Services if you do not accept the Terms. When you accept the Terms on behalf of your business, you represent to Cobalt that you have the authority to use the Cobalt Services and to bind the business to the Terms.
2.2 After you accept the Terms, Cobalt will give you credentials to create a Cobalt Account. You shall provide Cobalt with accurate, current, and complete information about you and your business (Account Information) and update your Account Information promptly after any changes. Cobalt may terminate your Cobalt Account and your access to the Cobalt Services if your Account Information is inaccurate or incomplete. You may use the Cobalt Account to connect to your Cobalt webpage (Cobalt Dashboard) via most internet browsers. You are responsible for any activity associated with your Cobalt Account. At any time, Cobalt may change the applications and their functionality that make up the Cobalt Services.
2.3 The Cobalt Services may provide you with access to the Cobalt Application Software and links to software applications that you may obtain from Cobalt or third-party developers (each, an App) through the Cobalt Services. Although third-party Apps may interface or function with the Cobalt Services, these Apps are not part of the Cobalt Services; App developers provide Apps directly to you. You must enter into separate agreements with the App developers to use the Apps. You are solely responsible for your use of all Apps, compliance with corresponding agreements for Apps, and any associated fees or charges for the Apps. You use Apps at your own risk. Some Cobalt Services and applications may have additional terms that you must agree to before you can use them.
- Grant of License
Cobalt grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign in any way, to access and use the Cobalt Services for your internal business use solely in the United States to manage your business and/or conduct associated point of sale activities in accordance with these Terms.
You shall not and shall not permit any third party to:
(a) access or attempt to access the Cobalt Services (or any part) that is not intended to be available to you;
(b) access or use (in any format) the Cobalt Services (or any part) through any time-sharing service, service bureau, network, consortium, or other means;
(c) without Cobalt’s advance written consent, use, ship or access the Cobalt Services (or any part) outside or from outside of the United States;
(d) perform or attempt to perform any actions that would interfere with the proper working of the Cobalt Services, prevent access to or use of the Cobalt Services by other users, or impose a large load on Cobalt’s infrastructure, network capability or bandwidth; or
(e) use the Cobalt Services except as permitted in these Terms.
- Other Requirements and Limitations
5.1 You may access the Cobalt Services through your tablet or other device identified by Cobalt as compatible with and capable of accessing and/or supporting the Cobalt Services (Device) using a wired (Ethernet) or wireless (Wi-Fi or cellular) connection to the Internet. You are solely responsible for the payment of any fees that may be imposed by your Internet/data provider. Your use of the Cobalt Services accessed wirelessly or through the Internet is subject to: (a) the terms of any agreements you have with your Internet/data provider; and (b) availability, transmission range and uptime of the services and any wireless equipment.
5.2 The Cobalt Services do not function with every mobile device. Cobalt may alter which Devices are approved as compatible with the Cobalt Services in Cobalt’s discretion.
5.3 You shall at all times comply with any operating procedures, requirements, or guidelines regarding your use of the Cobalt Services.
5.4 You agree that Cobalt shall not have any liability to you arising directly or indirectly from or otherwise concerning: (a) any termination, suspension, delay or disruption of the Cobalt Services (including billing for the Cobalt Service) by the Internet, any common carrier or any third party service provider; (b) any failure, disruption or malfunction of the Cobalt Services, the Internet, or any communications network, facility or equipment beyond Cobalt or a third party’s reasonable control; (c) your failed attempts to access the Cobalt Services or to complete transactions via the Cobalt Services; or (d) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by you.
- Communicating with Customers
6.1 You must comply with Applicable Laws, including by obtaining any legally required consent, when collecting and using customer contact details to communicate with your customers through the Cobalt Services. You must promptly honor any customer opt-out.
6.2 You may not use the Cobalt Services to send marketing communications except to the contact information provided directly to you by the consumer and with the proper consumer choice as required by law.
- Third Party Services
The Cobalt Services may contain links to services, products or promotions provided by third parties and not by Cobalt (Third Party Services). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with the Third Party Services (including obtaining and maintaining any required third party hardware and/or software that is required for the Third Party Services to work with the Cobalt Service). Any access of or content downloaded or otherwise obtained through your use of the Third Party Services is accessed or downloaded at your own risk. Cobalt will not be responsible for any actions or any failures to act of any third party, and expressly disclaims all liability related to any Third Party Services. Cobalt does not warrant, endorse, guarantee, or assume responsibility for any provider of a Third Party Service or Third Party Service advertised or offered through the Cobalt Services or any hyperlinked website or service, or featured in any banner or other advertising. Cobalt will not be a party to or in any way monitor any transaction between you and providers of Third Party Services.
8.1 Cobalt may perform maintenance on the Cobalt Services which may result in service interruptions, delays, or errors. Cobalt will not be liable for any such interruptions, delays, errors, or bugs. Cobalt may contact you to assist you with the Cobalt Services and obtain information needed to identify and fix any errors.
8.2 Cobalt may release enhancements, improvements, or other updates to the Cobalt Services. You shall integrate and install any update into your systems within 30 days of your receipt of notice from Cobalt that such actions by you are required. Failure to install any updates in a timely fashion may impair the functionality of the Cobalt Services. Cobalt will have no liability for your failure to properly install the most current version of any update, and Cobalt will have no obligation to provide support or services for any outdated versions.
8.3 Certain software can automatically install, download, and/or deploy updated and/or new components, which may include a new version of the software itself. You shall not, in any event or in any manner, impede the update process. You agree to assume full responsibility and to indemnify Cobalt for all damages and losses of any nature, for all adverse results or third party claims arising from your impeding the update process.
For your use of the Cobalt Services, you agree to pay the applicable fees, and all applicable taxes (other than taxes based on Cobalt’s income), duties, or other governmental assessments based on your use of the Cobalt Services. Cobalt may change the fees for the Cobalt Services from time-to-time and, if it does, it will provide you with 30 days’ notice. If you dispute any amounts you are charged, you must notify Cobalt in writing within 30 days of incurring the charge that you dispute. If you notify Cobalt after 30 days, you agree Cobalt has no obligation to effect any adjustments or refunds. If you have an agreement with an Authorized Provider for any Cobalt service plan, Cobalt will collect the amounts described in the first sentence of this Section from you for such plan on behalf of, and remit the amounts to, the Authorized Provider.
- Term and Termination
10.1 Your obligations under these Terms continue for the longer of your use of the Cobalt Services, until you or we terminate your Cobalt Account by giving the other 30 days’ notice, or as otherwise provided in these Terms or other applicable agreement that expressly states a set term (e.g., a subscription or lease agreement).
10.2 Cobalt may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Cobalt Services without any notice and liability for any reason, including if in Cobalt’s sole determination you violate any provision of these Terms.
10.3 Upon termination of these Terms for any reason, you must immediately stop using the Cobalt Services and your license to use the Cobalt Services provided under these Terms will end. Upon your termination of these Terms, Cobalt will provide you with a reasonable period of time to allow you to extract your Account Data (defined below) that Cobalt has stored on its servers as of the termination date. Subject to the foregoing sentence and Applicable Laws and card association rule requirements, Cobalt will delete Account Data stored on Cobalt’s servers upon your termination of these Terms, and Cobalt will not be liable to you or any third party for termination of access to the Cobalt Services or deletion of your Account Data.
10.4 The rights, obligations, and limitations in these Terms which by their nature should survive, including those of Sections 5.4, 8.2, and 8.3, and Articles 2, 10, 11, 13, 14, 15, 16, 17, 18, and 22, will survive termination of these Terms.
- Privacy and Data Use
11.1 All data collected via the Cobalt website or in connection with your application for and use of the Cobalt Services, including customer information and information about your business, its owners, principals, and employees used with or stored in or by the Cobalt Services, is collected by Cobalt (collectively Cobalt Data). The Cobalt Privacy Notice (available at https://www.Cobalt.info/privacy-policy) describes Cobalt’s collection, use, disclosure, and other practices of Cobalt in connection with personal data in Cobalt Data.
11.2 You shall comply with all Applicable Laws pertaining to the privacy, secrecy, confidentiality, collection, usage, sharing, security, protection, disposal, or international transfer, of personal information, including laws applicable to direct marketing, telemarketing, and unsolicited e-mails or text messages. Applicable Laws may include, but are not limited to US federal and state laws, such as the FTC Act, the California Consumer Privacy Act, the CAN-SPAM Act, the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, Gramm-Leach-Bliley Act, state consumer protection laws, state data security laws, security breach notification laws, laws imposing minimum security requirements, laws requiring the secure disposal of records containing certain personal information, as well as any Cobalt requirements related to such matters.
11.3 You must implement reasonable security measures designed to protect the personal information that you collect, use, disclose, transfer, or otherwise process in connection with your use of the Cobalt Services. You acknowledge and agree that you are solely responsible for all privacy and information security obligations and liabilities relating to any data that you download, export, or otherwise transfer from the Cobalt Services or Device to your own information environment.
11.5 You must ensure that any third parties with which you share personal information in connection with your use of the Cobalt Services (including, without limitation, app developers whose Apps are made available through the Cobalt Application Software) will provide the same level of privacy and data security protection that you are legally required to maintain and which you promise to maintain.
11.6 You must respond in a legally appropriate manner to any legally valid requests from individuals pertaining to the individual’s privacy or data subject rights at your sole cost and expense.
11.7 You acknowledge and agree that when you install an App, you establish a contractual relationship with the developer of the App. By installing an App, you authorize and instruct Cobalt to process and transfer personal information to facilitate your ongoing use of the App, including the disclosure of certain categories of personal information to the developer of the App and the receipt of personal information from the developer, as may be required by the App, until such time as you instruct Cobalt otherwise. You are solely responsible for instructing an App developer to cease processing and/or destroying any personal information.
11.8 Cobalt may process Cobalt Data (including personal information) to create aggregated, anonymized, or de-identified information and use that information for its lawful business purposes, including for purposes of creating and sharing with third-parties data insights and analytics and demographic profiling. You agree that Cobalt may collect, use, retain, disclose and combine Cobalt Data for the following purposes: (i) to provide the Cobalt Services to you or other clients, (ii) providing additional products and services to you, other merchants, and/or third parties, (iii) for research, development, and analytics, (iv) fraud prevention, risk mitigation and to protect against illegal activity, (v) for marketing purposes, (vi) for data collection, use and sharing purposes permitted under Cobalt’s Privacy Notice (whether or not the data constitutes personal data), (vii) compliance with law and in accordance with federal and state law (including to perform sanctions screening or other checks required by Applicable Laws), and (viii) for Cobalt’s accounting purposes and to protect and enforce Cobalt’s rights (collectively, the Permitted Purposes). This includes using cardholder information, dates, transaction details, and other transaction, business information, and Cobalt Data to provide you with analytics products and services as well as collecting and using transaction data aggregated with other merchants’ transaction data to provide you, other merchants, and third parties with analytic products and services. Cobalt may continue to access, retain, use, share and combine the Cobalt Data for the Permitted Purposes following termination of these Terms.
11.9 Unless you have received prior written consent to do so from Cobalt, you may not use the Cobalt Services to: (a) process personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or genetic data, biometric data, data concerning health, or data concerning a natural person’s sex life or sexual orientation; or (b) upload or incorporate, process transactions involving, or otherwise provide Cobalt with, any “protected health information” within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA).
11.10 You agree to provide reasonable assistance to help Cobalt comply with its privacy or data protection legal obligations, or defend against any claims or investigations, in either case, in any way arising from or related to the Terms. You agree to promptly notify Cobalt of any opt-outs and legally valid data subject rights requests relating to data with Cobalt’s possession, custody, or control.
- Protecting Information
12.1 You shall safeguard all confidential information Cobalt supplies or otherwise makes accessible to you using a reasonable degree of care. You shall only use Cobalt’s confidential information for the purposes of these Terms and shall not disclose Cobalt’s confidential information to any person, except as Cobalt may agree in advance and in writing. At Cobalt’s request, you shall return to Cobalt or destroy all of Cobalt’s confidential information in your possession or control.
12.2 You are solely responsible for ensuring that your account numbers, passwords, security questions and answers, login details and any other security or access information used by you to use or access the Cobalt Services are kept safe and confidential. You must prevent unauthorized access to and use of any of your information or data used with or stored in or by the Cobalt Services (collectively, Account Data). You are responsible for electronic communications sent to Cobalt or to any third party containing Account Data and for all uses of the Cobalt Services in association with your Account Data, whether or not authorized by you. Cobalt has the right to rely on user names, password and other signor credentials, access controls for the Cobalt Services or any software provided or approved by Cobalt to authenticate access to, and use of, the Cobalt Services and any software. You must immediately notify Cobalt if you become aware of any loss, theft, or unauthorized use of any Account Data (see Cobalt Services support center contact information below). Cobalt reserves the right to deny you access to the Cobalt Services, in whole or in part, if Cobalt believes that any loss, theft or unauthorized use of any Account Data or access information has occurred.
12.3 You may submit comments or ideas about the Cobalt Services, including about how to improve the Cobalt Services. By submitting any idea, you agree that (a) Cobalt expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) Cobalt is free to use and disclose the idea on an unrestricted basis without notifying or compensating you. You release Cobalt from all liability and obligations that may arise from Cobalt’s receipt, review, use or disclosure of any portion of any idea.
- Intellectual Property
13.1 All right, title and interest in and to all confidential information and intellectual property related to the Cobalt Services (including Marks, all software, the content of any materials, web screens, layouts, processing techniques, procedures, algorithms, and methods and any updates, changes, alterations, or modifications to or derivative works from such intellectual property), owned, developed or licensed by Cobalt at any time or employed by Cobalt in connection with the Cobalt Services, shall be and remain, as between Cobalt and you, Cobalt’s or its affiliates’, Cobalt’s vendors’ or licensors’ (as applicable) sole and exclusive property and all right, title and interest associated with the Cobalt Services not expressly granted by Cobalt in these Terms are deemed withheld. You may not use Marks in any manner, including in any advertisements, displays, or press releases, without Cobalt’s prior written consent. Marks means Cobalt’s names, logos, emblems, brands, service marks, trademarks, trade names, taglines, or other proprietary designations.
13.2 You shall not, and shall not permit any third party to: (a) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms of the Cobalt Services, (or any part), except to the extent that such restriction is expressly prohibited by law; (b) modify, translate, or alter in any manner, the Cobalt Services (or any part) or the Marks; (c) create derivative works of or based on the Cobalt Services (or any part), or the Marks; (d) except for backup and archival purposes, directly or indirectly copy the Cobalt Services (or any part); (e) republish, upload, post, transmit, disclose, or distribute (in any format) the Cobalt Services (or any part) except as permitted in these Terms; or (f) remove, relocate, or otherwise alter any proprietary rights notices from the Cobalt Services (or any part) or the Marks.
13.3 If Cobalt provides you with copies of or access to any software or documentation, unless otherwise expressly stated in writing, that software and documentation is provided on a personal, non-exclusive, non-transferable, non-assignable, revocable limited license for the period of your subscription to the Cobalt Services and solely for you to access and use the software and documentation to receive the Cobalt Services for its intended purpose on Devices owned or licensed by you.
13.4 You shall not take any action inconsistent with the stated title and ownership in this Section. You will not file any action, in any forum that challenges the ownership of any part of the Cobalt Services, any related software, materials or documentation. Failure to comply with this provision will constitute a material breach of these Terms.
- Cobalt Services Disclaimer
Use of the Cobalt Services is at your own risk. To the maximum extent permitted by Applicable Laws, the Cobalt Services are provided to you “as-is”. Cobalt disclaims all representations or warranties regarding quality, suitability, merchantability, or fitness for a particular purpose of the Cobalt Services. Cobalt disclaims all representations or warranties that the Cobalt Services will operate uninterrupted or error free; that the Cobalt Services are secure, free of viruses or other harmful components; or, that the Cobalt Services do not infringe the rights of any person.
- Your Responsibilities
15.1 You shall: (i) comply with the requirements of all federal, state and local laws and regulations, rules, or standards related to use of the Cobalt Services, including those related to your use and provision of any cardholder data, customer information or other point of sale data accessed or provided in connection with the Cobalt Services (collectively, Applicable Laws), and (ii) use the Cobalt Services only in the manner permitted in these Terms. You shall not use the Cobalt Services for illegal purposes.
15.2 You are solely responsible for obtaining all required permits, consents and licenses and monitoring legal developments applicable to the Cobalt Services and the operation of your business, interpreting Applicable Laws and regulations, determining the requirements for compliance with all Applicable Laws and regulations, and maintaining an on-going compliance program.
15.3 You are solely responsible for ensuring the accuracy, quality, integrity, legality and appropriateness of all information and data regarding your business that you provide to Cobalt or its service providers in connection with the Cobalt Services. In addition, if applicable, you are solely responsible for verifying that all information and data loaded onto a Device by Cobalt or its service providers at your request are accurate prior to your business use of such Device. Cobalt and its service providers disclaim any and all liability arising out of any inaccuracies with respect to any information or data you provide.
15.4 By using Google Pay you hereby agree to Google Pay API Terms of Service
- Limitations on Liability and Damages
Neither Cobalt nor its affiliates or directors, officers, employees, agents, or subcontractors will be liable under any theory of tort, contract, or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, special, punitive, incidental, indirect, or consequential damages arising out of or related to these Terms, each and every one of which is excluded by agreement of you and Cobalt, regardless of whether such damages were foreseeable or whether any person has been advised of the possibility of such damages. Cobalt’s (and its affiliates’) cumulative liability for all losses, claims, suits, controversies, breaches, or damages for any cause (including any of Cobalt’s indemnification obligations), regardless of the form of action or legal theory, will not exceed the amount of fees received by Cobalt under these Terms for the three month period immediately preceding the month in which such liability arose.
You will indemnify, defend, and hold Cobalt harmless (and Cobalt’s employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
(a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including without limitation any violation of our policies or the card associations’ rules;
(b) your wrongful or improper use of the Cobalt Services or any Third Party Services;
(c) any transaction submitted by you through the Cobalt Services or any Third Party Services (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you);
(d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(e) your use of any personal information obtained in connection with your use of the Cobalt Services, any Third Party Services, or the Device, or any Apps used on the Device;
(f) the activities under your Account, or any other party’s access and/or use of the Cobalt Services, any Third Party Services, or Device with your unique username, password, API key, or other appropriate security code;
(g) your failure to maintain reasonable security in connection with the use of the Cobalt Services, any Third Party Services, or the Device;
(h) any data breach, information security incident, or similar, arising from your action or inaction;
(i) your violation of any law, rule or regulation of the United States or any other country; or
(j) any other party’s access and/or use of the Cobalt Services or any Third Party Services with your usernames, password and any other sign on credentials/access controls for the Cobalt Services or any software provided or approved by Cobalt to authenticate access to, and use of, the Cobalt Services, any Third Party Services and any software.
- Representation and Warranties
You represent and warrant that: (a) you are validly existing, in good standing and have the right, power, and authority to enter into and perform under these Terms;
(b) any sales transaction submitted by you (i) is genuine and arises from a genuine sale or service that you directly sold or provided, (ii) accurately describes the goods or services sold and delivered to a purchaser and (iii) represents the correct amount of goods or services purchased from your business;
(c) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the consumer;
(d) you, all transactions initiated by you and your use of the Cobalt Services will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and card association rules and regulations;
(e) except in the ordinary course of business, no sales transaction submitted by you through the Cobalt Services will represent a sale to any principal, partner, proprietor, or owner of your entity;
(f) you will not fraudulently use the Cobalt Services;
(g) you have obtained all necessary and appropriate rights or given any necessary notices required for Cobalt to process Cobalt Data as set forth in these Terms; and
(h) you are not engaged in and will not accept payment for any illegal activity, in the legal jurisdiction(s) in which you do business or provide goods and/or services.
- Consent to Electronic Communication
19.1 You agree that Cobalt, its affiliates and its third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.
19.2 You consent to receiving commercial electronic messages, including e-mail messages, SMS and text messages, and telephone calls, from Cobalt, its affiliates and its third party sales contractors and/or agents.
Cobalt has the right to change or add to these Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Cobalt Services with notice that Cobalt in our sole discretion deem to be reasonable in the circumstances, including such notice on Cobalt’s website or any other website maintained or owned by Cobalt. Any use of the Cobalt Services after Cobalt’s publication of any such changes or providing notice shall constitute your acceptance of these Terms as modified.
These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you (including by operation of law, transfer of voting control of you or otherwise) without Cobalt’s prior written consent, but may be assigned by Cobalt without restriction.
- General Provisions
These Terms are a complete statement of the agreement between you and Cobalt and describe the entire liability of Cobalt, its affiliates, its vendors, and its suppliers (including processors) and your exclusive remedy with respect to your use and access to the Cobalt Services. In the event of a conflict between these Terms and the Privacy Notice, the Privacy Notice shall prevail. These Terms shall be governed and construed in accordance with the laws of the State of Connecticut without regard to its conflicts of laws provisions. You and Cobalt agree to submit to the exclusive jurisdiction of the courts located within the Hartford Country, Connecticut to resolve any legal matter arising from these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that Cobalt may have under trade secret, copyright, patent, or other laws. Except for Cobalt’s affiliates and as otherwise stated herein, no persons shall be third party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Cobalt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under these Terms.
- Contacting Cobalt
If you have any questions about these Terms, please contact Cobalt at email@example.com. Except as otherwise stated in these Terms, all notices to Cobalt required or permitted in these Terms relating to the Cobalt Services shall be in writing and sent by postal mail to: Cobalt Payments, Inc. 2075 Silas Deane Hwy Suite 2C Rocky Hill, CT 06067, Attention: Legal Dept. Notices shall be effective when actually received or, if sent by courier, when delivered.