All customers of Aquest Solutions must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account. Billing is done at the beginning of each month, for the month ahead. Prices are subject to change in the future, but are guaranteed through your paid billing period.
1. Intendend Use and Allowed Use
The intended use of the FraudSmack service is to assist in determing the potential risk
of an internet sales transaction. An account with Aquest Solutions for the use of the FraudSmack service allows
the licensed user to use FraudSmack for one business and one website only. The following
are considered violations of the Terms and Conditions of Use.
- Sharing your account with others.
- Sharing your login id and password with others.
- Collecting or reselling the information obtained by the FraudSmack service.
- Using one account for multiple websites.
- Using information from the service to build your own database.
- Attempting to reverse engineer our data, software, processes, or results.
- Using the service for any reason other than determining the risk potential of a
real sale.
If Aquest Solutions suspects any of the above violations, we will immediately terminate your account. Aquest Solutions
reserves the right to terminate any account, at any time, for any use of our service that we suspect or determine is not
compliant with the intent of these Terms and Conditions.
2. Billing and accounts receivable policy
2.1 Paying for your account
Aquest Solutions accepts payment for blling transactions by credit card. Regular monthly payments are accepted by credit card. Customers opting to pay by credit card agree to have payments deducted automatically by Aquest Solutions's Automated Billing Process. Aquest Solutions will automatically deduct account fees from your selected credit card, on each Billing Day without fail, unless by decision of the Aquest Solutions Management only, and will deduct requested payable extras at any time at their own convenience. Aquest Solutions will cease to bill the selected credit card once an account has been terminated by the customer in writing by Trouble Ticket, and all outstanding payments have been made. Monthly payments with a credit card will ensure that your account is not deactivated due to lost mail or other unforeseen problems. Please update Aquest Solutions with your credit card information if you receive a new credit card number and/or expiration date. Problems may arise with your account if your card expires. There is a reactivation charge of $25 for accounts deactivated because of non-payment. Aquest Solutions accepts American Express, MasterCard, and Visa. Reactivation may not be possible if the account is suspended.
2.2 Disputed Billing Transactions
You agree to forward all disputed Billing transactions to Billing at FraudSmack@AquestSolutions.com for an initial appraisal. If, in the case of billing disputes, bank 'Chargebacks' are initiated, all costs to retrieve the lost payment will be forwarded to the customer via his or her bank, records will be forwarded to the Customers Bank, and the Credit Card Company, credit Controller. This may incur double charges from the customer's bank and Aquest Solutions's selected bank. Charges may also come from the Credit Card company. Chargebacks are in most cases made fraudulently and will be pursued fully, by parties including Debt Collection and Legal.
2.3 Payments from international clients
For international orders the preferred method of payment is use of one of the credit cards mentioned above.
2.4 Updating your billing information
Clients can submit updated billing information using the secure FraudSmack control panel at https://admin.fraudsmack.com. If providing information direct to billing at FraudSmack@aquestsolutions.com then please include your account ID (which you will be given when you order your first account, and is available on your 'Account Status' screen), when submitting any changes.
2.5 Account cancellation
The set-up fee for an account is non-refundable, unless otherwise stated during a promotional period. If an account is cancelled after the billing cycle for a certain month, the account will be billed for the entire month (i.e., if you cancel your account on April 14, you are still charged for the whole April period). A minimum of 3 days written notification by Trouble Ticket is required before account cancellation may take place. You are required to login to your control panel and submit a request expressly stating you wish to cancel your account. You will receive a cancellation confirmation at the email address you selected. If you do not receive a confirmation within 3 days of cancellation, contact FraudSmack@aquestsolutions.com. Please note no other means is acceptable and/or valid to cancel the account. With reference to Credit Card payments, Aquest Solutions will cease to bill the selected credit card once the account has been terminated by the account holder in writing, and all outstanding payments have been made. Any questions or disputes must be forwarded to FraudSmack@aquestsolutions.com. For disputes refer to 1.2 Disputed Billing Transactions.
2.6 Upgrading and downgrading account types
To upgrade or downgrade your account issue a Trouble Ticket from your control panel requesting the change. There is $10 fee to downgrade your account. If you have downgraded your account on or after 1st of any month, your new monthly fee would be effective from the next coming month. For example, you have requested to degrade your account on April 12th; your new (lower) monthly fee would be effective from May 1st. Aquest Solutions reserves the right to reject any account. Aquest Solutions reserves the right to terminate an account immediately if the account infringes our terms and conditions. Aquest Solutions reserves the right to terminate any account with 7 days notice, at any time.
3. Disclaimers and limitation of liability
The information and services included in or available through the Aquest Solutions web site or sites or products related to the Aquest Solutions service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Aquest Solutions management may make improvements and/or changes to its service at any time. Aquest Solutions does not claim in any way that the services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. Aquest Solutions does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable. By completing the account sign up form and clicking the submit button you specifically agree that Aquest Solutions shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that Aquest Solutions is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Aquest Solutions is not responsible for any content sent using and/or included in the services provided by them, by any third party. Aquest Solutions AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Aquest Solutions AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Aquest Solutions AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Aquest Solutions OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
4. Indemnification
You agree to indemnify and hold Aquest Solutions , its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them.