Stored Credentials - Business

“You” refers to a person, business or organization that obtains a Subscription from PayByPhone. “PayByPhone” refers to the entity that provides the Subscription Service to you as identified on the order form (PayByPhone Technologies Inc. or one of its subsidiaries, including without limitation PayByPhone US Inc., PayByPhone Limited and PayByPhone SAS).  

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The Subscription Service allows you to store your credit or debit card information (“Card Credentials”) with PayByPhone.  Storing the Card Credentials enables PayByPhone to (1) charge the Card for your Subscription fees and (2) add the Card as a Payment Method to the Accounts of activated Drivers added to your Subscription, allowing them to pay for Parking Sessions and other products or services with PayByPhone Payment Service using your Card Credentials.  This agreement governs how PayByPhone stores and uses your Card Credentials.

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Please read this agreement carefully and keep a copy for future reference (the most recent version is available on the PayByPhone website).  This agreement applies to any Card Credentials you store with PayByPhone and is in addition to the Subscription Agreement and any agreement between PayByPhone and the Drivers with respect to Accounts and Parking Payment Services.

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1. General

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In this agreement, capitalized terms have the following meaning:

• Account - The PayByPhone parking service account opened by a Driver or by you for the Driver in the App, on the Site or by calling our Customer Support Center.
• App - The PayByPhone mobile parking payment application and other applications that we may develop.
• Cards - Mastercard, Visa, American Express and Discover credit cards and debit cards used outside of Apple Pay or Android Pay.
• Driver – An individual holder of an Account or user of Parking Payment Services who is your employee, independent contractor or is otherwise eligible to be added to your Subscription.
• Payment Method - Acceptable methods of payment, including Cards; other types of debit cards; PayPal; digital wallets; any credit cards or debit cards used through Apple Pay or Android Pay; and any others methods accepted in the future, that you select to pay for a Subscription or add to a Driver’s Account to pay for a Parking Session or other products or services.  
• Parking Payment Service - The service offered by PayByPhone allowing a Driver to pay for parking at participating parking operators and other products and services, including using our App, Sites, Application Programming Interfaces, backend technologies, products, services, content, features, functions, applications, IVR System, and any future updates, changes or additions thereto.
• Parking Sessions - Any and all parking sessions capable of being paid for through the Parking Payment Service.
• Site - All PayByPhone operated websites including, without limitation, https://www.paybyphone.com, https://www.paybyphone.fr, https://www.paybyphone.co.uk, https://www.paybyphone.ch, as well as any successors to such sites.
• Subscription – The service you obtain from PayByPhone under the Subscription Agreement which allows you to pay for Parking Sessions of activated Drivers and other products or services that can be paid for by with PayByPhone Payment Services without disclosing details of the chosen Payment Method to the Drivers and for which you pay recurring subscription fees to PayByPhone.
• Subscription Agreement - The agreement, including any related order form, that you accepted and agreed to when you created a Subscription, and which governs your use of the Subscription.

While PayByPhone accepts a variety of Payment Methods, this Agreement does not affect all Payment Methods, but only Mastercard, Visa, American Express, and Discover credit cards and debit cards.  This Agreement covers any Card Credentials currently stored with us and any Card Credentials you may add in the future.

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2. Storing Card Credentials

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It is not necessary to store Card Credentials in order to use the Subscription, as long as you provide an alternative Payment Method that is not a Card and that is accepted by PayByPhone in your jurisdiction.  You will not be able to pay for a Subscription or for Drivers’ Parking Sessions and other products or services that can be paid for with PayByPhone Payment Service if you neither agree to store Card Credentials nor provide an appropriate alternative Payment Method.  Storing Card Credentials allows you to charge a Card for your Subscription fees and add a Card as a Payment Method to the Accounts of activated Drivers added to your Subscription, so they can easily pay with the Card for Parking Sessions and other products or services that can be paid for with PayByPhone Payment Service.  This is how we will use your stored Card Credentials in each case:

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When paying for Subscription fees

You may provide Card Credentials when you first enroll in a Subscription or when you edit payment options for your Subscription invoicing.  By adding Card Credentials, you authorize us to store those Card Credentials and charge the fees payable to PayByPhone under the Subscription Agreement to the corresponding Card on or shortly after the date on which a fee invoice is issued.  The amount of the Subscription fees and the frequency at which we issue invoices are set out in the Subscription Agreement.  

The charges made with the Card Credentials will appear on your Card statement as charges of PayByPhone.  Cancellation and refund policies set out in the Subscription Agreement will apply to payments for the Subscription fees.

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When paying for Parking Sessions

Any Card Credentials you add to your Subscription through the PayByPhone Business administration portal will be available (in a masked form) as a Payment Method to all Drivers activated on your Subscription when they use the App, the Site or our Customer Support Center to pay for Parking Sessions and other products or services that can be paid for with PayByPhone Payment Service.  Each time an active Driver uses the Account or Parking Payment Services to pay for a Parking Session and other products or services using the Card Credentials, we will inform the Driver of the payment amount, the Driver will select the Card Credentials as the Payment Method and confirm that we can charge the corresponding Card.  You authorize us to begin processing a payment when these actions by the Driver are complete without any further action from you.  You remain responsible for ensuring that the selected Payment Method is valid and has sufficient funds.

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You may add Card Credentials when you first set up your PayByPhone Business administration portal or when you update your Payment Method options.  By adding Card Credentials, you authorize us to store those Card Credentials and use them as described above.  

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The charges made with the Card Credentials will appear on your Card statement as charges of the operator providing the Parking Session and other products or services and will reflect the location of the parking operator.  Alternatively, the charges will appear as charges of PayByPhone.  Cancellation and refund policies of the parking operator providing the Parking Session and other products or services and any agreement between PayByPhone and the Drivers with respect to Accounts and Parking Payment Services will apply to payments for Parking Sessions and other products or services.

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When you add Card Credentials, we will run a series of zero dollar transactions to verify that the Card Credentials are valid with all payment gateways that support the PayByPhone parking inventory and you may see this activity on your credit card or debit card statement.

If you store Card Credentials with us, PayByPhone will inform the issuer about adding and using the stored Card Credentials in compliance with payment processing regulations.

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3. Removing Card Credentials

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To see what Card Credentials you are currently storing with us, you can (1) for Subscription fees, visit payment options for your Subscription invoicing and (2) for Parking Session and other service and product payments, visit your PayByPhone Business administration portal and look under Payment Method options.

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You may remove your stored Card Credentials at any time by editing Payment Method options in the appropriate portal.  You may be asked to provide an alternative Payment Method to replace removed Card Credentials.

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4. Applicable law

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This Agreement, and all matters relating hereto, shall be governed in all respects by the laws of the jurisdiction in which the PayByPhone entity identified on the order form is domiciled, excluding the application of any conflict of laws principles and/or rules.  The parties hereby agree that all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the competent courts located in the jurisdiction in which the PayByPhone entity identified on the order form is domiciled, and consent to the personal and exclusive jurisdiction and venue of these courts.  In the case of PayByPhone Technologies Inc., the relevant jurisdiction is the Province of British Columbia, Canada, in the case of PayByPhone US Inc. – State of Delaware, United States, PayByPhone Limited – United Kingdom, in the case of PayByPhone SAS – France.  You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content.

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5. How we change this Agreement

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We may at any time change or repeal this Agreement. Until we repeal this Agreement, it remains in effect.  You will be notified of any change in the manner provided by applicable law prior to the effective date of the change, including either by email or by posting such update on our Sites. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our Site. You specifically agree to accept such notice of change by notice sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement, or any features or services of the Account described herein at any time.

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6. Miscellaneous

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You many not transfer your rights under this agreement without PayByPhone’s express written consent. We may transfer our rights under this agreement at any time.

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Use of the Subscription and PayByPhone Business administrative portal is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.

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We do not give up our rights by delaying or failing to exercise them at anytime.

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If any term of this Agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.