GENERAL TERMS OF SERVICE
Receivables Approval Networks, llc
Welcome to www.recapp.net (“Website”). This Website is owned and operated by Receivables Approval Network, LLC (“Company” “Recapp”) (collectively “we” and “us”). In addition to the Content on the Website, the Website provides you with a community service (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Website and Services. If you choose to continue to use or access this Website after having the opportunity to read these Terms, you recognize that you are of legal age and have the right and authority to enter into this Agreement on your own behalf and on behalf of the Member. If you do not agree to these Terms, please do not use the Website and exit immediately.
GENERAL DESCRIPTION OF THE RECAPP.NET SERVICE
The “Service” is a set of algorithms, features and functionalities, of the Recapp Website. that enable you from your customers, give status, opinion, inform dispute, payment day and even satisfactions level, regarding your accounts receivables through www.recapp.net.
To achieve whole process, You as a Vendor will must import data customer and invoices through a CSV file or upload manually, and send from your e-mail an invitation to yours customers. This invitation will be prepare automatic by Recapp.net and will content a link to profile of customer. Once received such invitation, customer must confirm their acceptance in order to use the Service fill out their profile and start inputting into Recapp, the status of each invoice (“conciliation process”, “conciliation”); including disputes, acceptances, approvals and/or payment date, even any settlement, proposal or petition to pay any invoice in parts or after due date. You and Your customer may send and receive through Recapp track of your invoices as well as reminders related to them. At same time both will do your best effort and try to solve any problem reported by other party, and inform about any changes, solutions or decisions regarding the requirements made, to avoid any delay in payments from your customer.
As a consequence of this conciliation process, Recapp can show any problem from your process that makes a barrier in your receivables. Reports about these findings will be available to you with each conciliation cycle and you may access them at any moment from Recapp, as well as Payment timeline from your customers, detailed reports about Credit memo ́s and any other requirements form your customers.
By using these features of the Service, you represent and warrant that you have all rights and consents necessary to send invoices and reminders to your Customers in accordance with any governing agreements and applicable law, RecApp.net is not responsible for any invoices or reminders that you send using the Service, including those that are misdirected or not received.
IDENTIFICATION NAME, INVITATION CODE AND PASSWORD.
With invitation from you, as a vendor, to your Customer, will send an Identification name, Invitation Code, and a temporary password (must be changed immediately for any preferred password). All invitation codes that your Customers receive from you or/and any other vendor will must be included under this Identification name.
You are entirely responsible for the security and confidentiality of your password and account as well as any and all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
USERS OF ACCOUNT.
A RecApp.net account may have multiple and unlimited users and roles, however, each RecApp.net account must have at least one “AppManager” who may add other users and roles such as: Administrator, Document Manager, Operator, Accepter, Disputer, Payment approver, and third parties like Accountant or Auditors.
AppManager must have enough authority to define functions and roles to any participant. Recapp reserves the right to request proves of this authority.
UNAUTHORIZED USE AND BEHAVIOR USER OF RECAPP.
You are prohibited from posting or sending any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
As a corporate citizen you represent your company as a vendor, and your customer are hope about your integrity and good standing behavior, we encourage you to keep a exceptional relationship trough Recapp in this manner.
LICENSE AND RIGHTS AND OWNERSHIP
Subject to the terms and conditions of this Agreement, RecApp.net hereby grants you a personal, limited, non-exclusive, nontransferable license to access and use the software that enables the Service, together with any updates, bug fixes, help content, and other related materials that RecApp.net provides to you (collectively, the “Software”) during the term of this Agreement.
RecApp.net retains all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. RecApp.net and its licensors own the title, copyright and other worldwide intellectual property rights in the Software and all copies thereof. This Agreement does not give you any rights in RecApp.net ́s, or its licensors, trademarks or service marks.
Each member shall pay to RecApp.net the fees and other charges applicable to the service as show in web site. If any, including without limitation service fees, setup and other special services and as set forth on the Web Site.
RecApp.net reserves the right to change the Service Fees from time to time, in its sole discretion. RecApp.net will post the revised Service Fees on the Web Site or notify members by email in advance of the effective date of such changes.
In the event that change in Service Fees is not acceptable by member, them shall be to stop using the Service and as well as pass account to mode inactive by notifying RecApp.net Customer Support prior to the Fee Increase Date. By continuing to use the Service after the Fee Increase Date, member accepts all changes in Service Fees. Service Fees are not refundable.
LIMITED WARRANTY FOR THE SERVICE.
RecApp.net warrants to each member that the Service will perform substantially in accordance with the description on the Web Site. If the Service does not conform to the foregoing warranty, RecApp.net shall use commercially reasonable efforts to correct the Service. If RecApp.net is unable to correct the Service using commercially reasonable efforts, member ́s sole and exclusive remedy shall be to stop using the Service and cancel the RecApp.net account by notifying RecApp.net Customer Support. The foregoing states RecApp.net ́s sole and exclusive warranty and your and member ́s sole and exclusive remedy. RecApp.net shall not have any liability for any claims, losses, or damage caused by errors or omissions in any information provided to RecApp.net in connection with the Service. RecApp.net shall not have any liability for any claims, losses or damages arising out of or in connection with use of any third-party products, services, software or web sites that are accessed via links on the Web Site.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Recapp or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this web Site, you do so entirely at your own risk.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i)take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
Neither Recapp nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control.
In the event that you have a dispute with one or more other users of the Website, you release Recapp (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable New Jersey law, neither Recapp nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
Except as prohibited by applicable New Jersey law, in no event will Recapp or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions. NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Please refer to Section 16 below.
In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable New Jersey law, in no event shall Recapp’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WEB SITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and Recapp intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and Recapp waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and Recapp waive any right to a jury trial for Web Site Disputes.
Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.
Any Web Site Dispute shall be determined by arbitration in Oregon before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Recapp and its affiliated companies, or participate in a class action against Recapp and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Recapp and its affiliated companies, in any Web Site Dispute.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
The Agreement constitutes the entire agreement between the user and Recapp and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at customerservice@Recapp.net
PROTECTING YOUR PRIVACY
RecApp.com is strongly committed to protecting the privacy of your business and personal information collected at or in connection with the website. This Policy applies to data collected by Recapp through its Websites and services that display these terms. This Policy describes the information we collect and how we use it. By visiting our Website, you are accepting the practices described in this Policy. If you do not agree to the terms of this Policy, please do not use the Website.
CONSENT TO COLLECTION AND PROCESSING
This Website may be operated, in whole or in part, from a country other than the United States. By using our Website, you consent to having your personal information transferred to and processed in a jurisdiction outside of the United States.
We collect and store information that you and your customer provide to our Website only with interest of give to our members best possible service and achieve a satisfaction; data such as e-mail, addresses, and EIN are vital to standardizer our process and to maintain level service according our members expectations.
Through your use of our Website, we may also gather certain information about your use of our Website (“Usage Information”). Generally, this information is collected through “traffic data”. We collect and store certain other information automatically whenever you interact with our Website. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Website, to provide our customers with a fulfilling services experience.
We use “cookies”, files stored on your computer’s hard drive by your browser to identify account holders and to optimize their service experience. Cookies also allow us to send you reminder e-mail about your activities on Recapp.
USE OF YOUR BUSINESS AND PERSONAL INFORMATION?
We use your information to provide the services that you have requested, to process and to provide our service to members. For this reason, when you create an Recapp account, you can use your account details to log in from any location and on any device. The global single sign-on for your account will allow recapp systems to identify you wherever you are, so you will not need to register with us again if you sign in from a different country. Your information also may be used to contact you about any agreement or requirement made regarding your account receivables or dispute resolution even any pending payment.
ACTIONS TAKEN TO SECURE INFORMATION?
To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input. For example, when using a credit card to make an on-line purchase, your personal information is encrypted before you conduct your transaction. If you become aware of any loss, theft or unauthorized use of your password, please contact Customer Service. We try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
APPLICABLE LAW AND JURISDICTION
Florida state law governs the interpretation of this Policy and applies to claims for breach of them regardless of conflict of laws principles. Both parties consent to exclusive jurisdiction and venue in courts sitting in Miami-Dade, Florida. Both parties waive all defenses of lack of personal jurisdiction and forum non convenient.
We will update this Policy as needed to reflect changes in our services and customer feedback. When we post changes to this Policy, we will revise the “last updated” date at the bottom. If there are material changes to this Policy or in how Recapp will use your personal information, we will notify you by prominently posting a notice of such changes prior to implementing the change. We encourage you to periodically review this Policy to remain informed of how Recapp is protecting your information.