Terms of Use

Last Updated: January 30, 2021

Please read this Agreement carefully to ensure you understand each provision.

These Terms of Use apply to all users of the OnePagePay Service. Please note that if you have executed a separate written agreement with Commino LTD, regarding your use of certain OnePagePay Services, that agreement and not these Terms of Use applies to those OnePagePay Services. For example, if you have purchased any enterprise or retainer services under a Commino schedule of work, then your use will remain covered by such terms.

These Terms of Service (“Terms”) govern your use of OnePagePay (“Company”, OnePagePay) web site located at https://www.OnePagePay.com (the “Site”) and the services that are made available through the Site (collectively, the “OnePagePay Service”). Please read these Terms carefully. By using the OnePagePay Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the OnePagePay Service.

Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Your Responsibilities. You agree not to use the OnePagePay Service to violate any local, state, national, or international law or regulation.

Your Account Terms. You may not access the OnePagePay Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current OnePagePay Plan allows. The sharing of your OnePagePay Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your OnePagePay Account complies with these Terms. OnePagePay is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your OnePagePay account (even when Data is posted by others who have accounts under your Account). You may not use the OnePagePay Service for any illegal or unauthorised purpose as described in the Terms of Use.

Forms and Submissions. OnePagePay does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the OnePagePay Service (“Forms and Submissions”). As between OnePagePay and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant OnePagePay. a worldwide and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. OnePagePay. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.

Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your OnePagePay subscription will automatically renew at the end of each billing cycle until you cancel your OnePagePay subscription by selecting any plan on the billing page. You can also cancel by emailing the OnePagePay Support Team at support@OnePagePay.com.

 

Credit card details. If you have elected to pay the fees for a OnePagePay subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, OnePagePay may suspend or cancel your OnePagePay subscription.

Downgrades. Downgrading your OnePagePay account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, OnePagePay does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.

Cancellation. Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. To cancel your OnePagePay subscription at any time, go to the Billing section of your account, and select “close account”.

Spam. You agree that OnePagePay. may terminate your OnePagePay Service immediately if a form created or OnePagePay, is found to be used inside an unsolicited email.

Scams. You agree that you will not use the OnePagePay Service or any form(s) you create using the OnePagePay Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a OnePagePay form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.

Phishing. You agree that OnePagePay may terminate your OnePagePay Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.

Collecting Sensitive Information. You may not use the OnePagePay Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of OnePagePay including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.

Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, OnePagePay does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our Customer Support.

Copyright Infringement. OnePagePay respects the intellectual property rights of others. Accordingly, OnePagePay has a policy of disabling access to any Submission that violates copyright law, suspending access to the OnePagePay Service to any user who uses the OnePagePay Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the OnePagePay Service in violation of copyright law.

Trademarks. OnePagePay is a registered trademark of Commino Limited. The OnePagePay logo is a trademark of Commino Limited. You are not authorised to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with OnePagePay. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of OnePagePay. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the OnePagePay Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the OnePagePay Service, and all rights in such Trademarks is reserved by OnePagePay or respective holders.

Payments. OnePagePay offers payments through third-party payment processors. By accepting this agreement with OnePagePay, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the OnePagePay Service. We may add to the fees at the then applicable rates.

Termination. You agree that OnePagePay may terminate your OnePagePay Service membership or suspend your access to all or part of the OnePagePay Service, without notice, if OnePagePay determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that OnePagePay shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the OnePagePay Service. You may discontinue your participation in and access to the OnePagePay Service at any time.

Upon termination of this Agreement, for any reason, you agree to cease all use of the OnePagePay Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.

Modifications To Terms. OnePagePay may, in its sole and absolute discretion, change these Terms from time to time. OnePagePay will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the OnePagePay Service. Continued use of the OnePagePay Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Modifications To OnePagePay Service. Prices of all OnePagePay Services, including but not limited to subscription plan fees to the OnePagePay Service. OnePagePay reserves the right to modify or discontinue the OnePagePay Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the OnePagePay website or the OnePagePay Service itself.

OnePagePay shall not be liable to you or any third party should OnePagePay exercise its right to modify or discontinue the OnePagePay Service.

OnePagePay shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.

OnePagePay shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.

Email Communications. By giving your email address to OnePagePay you agree to receive administrative, announcements, newsletters, sales, and marketing emails from OnePagePay You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.

Links. OnePagePay provision of a link to any other website or Internet resource is for your convenience only and does not signify OnePagePay endorsement of such other web site or resource or its contents. OnePagePay shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.

OnePagePay is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, OnePagePay provides links to resources. OnePagePay makes no representations as to the quality, suitability, functionality or legality of any websites to which OnePagePay may provide links, and you hereby waives any claim you or the User may have against OnePagePay with respect to any such websites. Unless you have a written agreement or a specific consent in effect with OnePagePay which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that OnePagePay is affiliated with any person or entity, or that OnePagePay otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the OnePagePay name and Trademarks; (c) all links to the Websites must “point” to the URL “www.OnePagePay.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.

Without limiting any of the above, OnePagePay reserves the right to revoke its consent to any link to the OnePagePay website, at any time in its sole discretion.

No Resale Of OnePagePay Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which OnePagePay agrees you retain all rights) of the OnePagePay Service, use of the OnePagePay Service, or access to the OnePagePay Service.

Email Delivery. When someone makes a purchase using your form(s), by default you’ll receive the results as an email notification. OnePagePay goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications.

Form Availability. OnePagePay makes no warranty that forms provided by OnePagePay Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.

Disclaimer of Warranties. You understand and expressly agree that use of the OnePagePay Service is at your sole risk. the OnePagePay Service is provided on an “as is” and “as available” basis. OnePagePay expressly disclaims all warranties of any kind, whether express or implied, with respect to the OnePagePay Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). OnePagePay makes no warranty that the OnePagePay Service will meet your requirements, or that the OnePagePay Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of OnePagePay is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from OnePagePay or through the OnePagePay Service shall create any warranty not expressly made herein.

Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will OnePagePay or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the OnePagePay Service.

Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that OnePagePay may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of OnePagePay liability shall be the minimum permitted under such applicable law.

Indemnification. You agree to indemnify, defend, and hold harmless OnePagePay, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the OnePagePay Service, (b) your (or anyone using your account’s) use of the OnePagePay Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.

Contracting Entity. If you are located in the United Kingdom (“UK“), the contracting OnePagePay entity is Commino Ltd; and if you are located in a region outside of the UK, the OnePagePay entity is still OnePagePay Ltd. For any Service provided by OnePagePay, references to “OnePagePay”, “we”, “us”, and “our” are references to Commino Ltd, located at 1 Dysart Street, Moorgate, London, EC2A 2BX, UK.

Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and OnePagePay with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and OnePagePay with respect to the subject matter hereof. These Terms and the relationship between you and Commino Limited shall be governed by the laws of the United Kingdom of Great Britain, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the OnePagePay Service shall be brought in the UK courts located in the United Kingdom of Great Britain, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of OnePagePay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of OnePagePay and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the OnePagePay Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the OnePagePay Service.

Third Party Vendors. The User may order or use services through the OnePagePay Service from third parties not affiliated with OnePagePay ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the OnePagePay Service, you are giving to consent that all requests are authorised by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.

All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. OnePagePay makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider OnePagePay, nor will OnePagePay be construed, as a party to, or a third party beneficiary of, such transactions, whether or not OnePagePay may have received revenue or other remuneration in connection with the transaction. OnePagePay will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.