SquareWorks Consulting

Effective: August 18, 2023

AUTOMATE PAYMENTS Feature Terms

1. Automate Payments Feature. If Customer uses the Automate Payments feature of the Application (the “Automate Payments Feature”), the Customer may use the Automate Payments Feature to make payments to its third parties vendors or employees as directed by Customer.  Customer may use Automate Payments Feature solely for its internal use. Customer acknowledges and agrees that if it is in violation of the terms of the Exhibit B, SquareWorks may, in its sole discretion and without notice to Customer, immediately suspend or terminate Customer’s license and/or access to the Automate Payments Feature. In order to use the Automate Payments Feature, the Customer must accept the Dwolla Terms of Service and Privacy Policy. Customer acknowledges and agrees that SquareWorks may process personal information in connection Customer’s use of the Automate Payments Feature in accordance with, and Customer’s use of the Automate Payments Feature, is subject to, the SquareWorks privacy policy available at http://www.squareworks.com/privacypolicy.
2. Dwolla Terms of Service.

   (a) Verified Customer Entity. In order to use the Automate Payments Feature, the Customer must open a “Dwolla Platform” account provided by SquareWorks’ payment processor vendor, Dwolla, Inc. (“Dwolla”), and Customer must accept the Dwolla Terms of Service and Dwolla Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. Customer hereby authorizes SquareWorks to collect and share with Dwolla Customer’s personal information including full name, date of birth, social security number, physical address, email address and financial information, and Customer is responsible for the accuracy and completeness of that data. Customer understands that it will access and manage its Dwolla account through the Automate Payments Feature, and Dwolla account notifications will be sent by SquareWorks, not Dwolla. SquareWorks will provide customer support for Customer’s Dwolla account activity, and can be reached at netsuite-support@squareworks.com or through the SquareWorks website.

   (b) Receive Only Entity. You expressly authorize SquareWorks’ service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Squareworks’ to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

3. Restrictions on Use. Customer acknowledges and agrees that it will not use the Automate Payments Feature for payment of alimony; child support; marijuana related businesses; or payments to settle securities transactions. Customer represents and warrants that: (a) it is not located in a country or location that is subject to U.S. Government sanctions or embargoes, including Iran, Syria, Cuba, North Korea, and the Crimea region of Ukraine, or are a State Sponsor of Terrorism as defined by the US Department of State, or are a person, group or entity that has been designated by the U.S. Government as a Specially Designated National (SDN); (b) it is not listed on any U.S. Government list of prohibited or restricted parties; and (c) it will not use the Automate Payments Feature to send money, either directly or indirectly, to a sanctioned country, person, group or entity. Customer agrees that it will not send or transmit any electronic “Protected Health Information” (“ePHI”, as defined in HIPAA) to SquareWorks or otherwise in any manner through the Automate Payments Feature without SquareWorks’ prior written consent. Customer is solely responsible for ensuring that its use of the Automate Payments Feature complies with all applicable laws and regulations. If SquareWorks become aware that Customer has sent or transmitted ePHI in any manner through the Automate Payments Feature in violation of this Agreement, SquareWorks may delete the ePHI without notice to Customer and without SquareWorks incurring any liability to Customer. Customer agrees to pay any costs or fees associated with such ePHI deletion.
4. SquareWorks Rights. Customer grants to SquareWorks and SquareWorks reserves the right to limit, delay, investigate, or to refuse to make, process or issue any payment initiated or requested through the Automate Payments Feature, in SquareWorks’ reasonable discretion, without SquareWorks incurring any liability to Customer. SquareWorks will use commercially reasonable efforts to provide notice promptly if it decides to limit, delay, investigate or to refuse to make, process or issue a payment. This notification is not required if the payment or notice is prohibited by law or this Agreement. In Customer’s use of the Automate Payments Feature, Customer grants to SquareWorks and SquareWorks reserves, in SquareWorks’ sole discretion, the right to impose limits on the amount of money sent or received through the Automate Payments Feature, on a per transaction or a cumulative basis, and to change those limits at any time, without SquareWorks incurring any liability to Customer. If SquareWorks imposes or changes such limits, SquareWorks will use commercially reasonable efforts to provide notice to Customer, but will not be required to do so. SquareWorks reserves the right to suspend or terminate Customer’s account or Customer’s access to the Automate Payments Feature at any time, for any reason (including for a violation of the Agreement, the failure to pay applicable fees for the Automate Payments Feature, or inactivity), in SquareWorks’ reasonable discretion, without SquareWorks incurring any liability to Customer. If SquareWorks suspends or terminates Customer’s account or access to the Automate Payments Feature, SquareWorks will use commercially reasonable efforts to provide notice to Customer, but will not be required to do so and will not be liable for failure to do so.
5. Insufficient Funds. Customer agrees to have sufficient funds in the accounts it uses to make its payments through the Automate Payments Feature. If there are insufficient funds in such account, Customer shall indemnify Squareworks for any fees, penalties, damages or other liabilities incurred by SquareWorks (including without liability any fees or penalties imposed on SquareWorks by Dwolla) as a result thereof. In addition, Customer shall also pay SquareWorks a fee of ten percent (10%) of any such insufficient amounts to cover SquareWorks’ cost and efforts in connections therewith.
6. Legal Age of Use. We do not knowingly collect information from minors (individuals below 18 years). To use the Automate Payments Feature, you must be the age of legal majority in your place of residence. By using the the Automate Payments Feature, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the the Automate Payments Feature. All information provided to SquareWorks will be treated as if it was provided by an adult. If, however, we learn that a minor has submitted information about himself/herself to us, we delete the information as soon as possible.