Terms of Service
ULTRACAMP TERMS OF SERVICE
Services: UltraCamp shall provide to Customers online registration, data collection tools, data management, reporting tools, payment processing, training and technical support via email and telephone. This is not an exhaustive list and may include other services. Customer acknowledges that the Services are proprietary to UltraCamp and UltraCamp owns all right and interest in such.
Data Ownership and Usage: Customer shall own their data and content stored in the UltraCamp System (hereinafter defined). “UltraCamp System” is defined as the administrative interface of reports and tools used to manage customer data and content. UltraCamp does not use database data for marketing or any other purpose outside of providing support. Customer database data is available for export while agreement is active.
Security Breach Notification: UltraCamp shall, without unreasonable delay, notify Customer upon learning of any actual or suspected misappropriation of Personal Data in performance of this Agreement (a “Data Breach”).
Indemnification: Customer warrants that none of the material obtained by UltraCamp from Customer to be incorporated into Customer’s website shall contain any libelous or unlawful material or infringe on any proprietary rights of third parties. Customer shall indemnify and hold UltraCamp and its and shareholders harmless from all claims, damages, costs, including attorney fees and costs, incurred by UltraCamp, its officers, directors and shareholders, for claims made against UltraCamp which arise from or relate to the content of the website.
Disclaimer of Warranties and Limitation of Damages: Customer agrees to use the Service at its sole risk, including those associated with downloading content from the Internet. UltraCamp is not responsible for viruses, hardware crashes and loss of computer memory or data.
Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, warranties of merchantability or fitness for a particular purpose. UltraCamp shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or relating to the Services.
The liability, if any, of UltraCamp and its agents for any losses, and expenses for which they are or may be legally liable, whether arising in negligence or other tort shall not exceed, on the aggregate, consideration paid by Customer to UltraCamp.
Neither party shall be entitled in connection with any breach or violation of this Agreement to recover any punitive, exemplary or other special damages or any indirect, incidental or consequential damages. Each party hereby expressly waives its right to assert any claim relating to such damages and agrees not to seek to recover such damages in connection with any claim relating to this Agreement.
Governing Law and Choice of Forum: It is agreed that the exclusive forum for determination of any and all disputes shall be Berrien County, Michigan and shall be governed by and interpreted under the applicable laws of the State of Michigan without regard to conflict of laws.
Severability: If any term or provision of this Agreement is declared void this declaration shall not affect the validity or enforceability of the remaining provisions hereof.
Termination: This agreement will auto-renew each year on the anniversary of the signing of the initial quote. Customer can terminate the agreement at any time but is responsible for the Minimum Amount and/or fees incurred up to that date, whichever is greater.
Protecting Login Information: Customer shall not share access or login information except with those persons or entities affiliated with, subsidiaries or employees of Customer. Specifically, the customer agrees it shall not share its login information with any UltraCamp competitor or software developer.
Protecting Customer Financial Information: UltraCamp will maintain all applicable PCI DSS requirements and acknowledges its responsibility for the security of systems used to transmit cardholder data on behalf of the customer, or to the extent that it could impact the security of the customer’s cardholder data environment.
Customer will maintain all applicable PCI DSS requirements for their organization.
Optional UltraCamp Fees (not included in quote)
Photo Gallery Downloads: 30% of what client charges
One-way Camper Email Purchases: 30% of what client charges
Marketing Emails beyond monthly allotment: $0.05 per recipient
Phone/SMS Tool: $0.10/call and $0.02/text and $5/month it is used
E-fax processing: $0.15 per page
Background Checks: $11.99-$24.99 plus local county fees
Credit Card Payment Processing Fees – (Charged by UltraCamp) *
Payment Processing Setup/Change/Re-enable Fee $100 (waived for UltraCamp partner merchant accounts)
Processing Fee 0.25% of each transaction + $0.25 per transaction
Option 1 – PayRoc Interchange Plus Merchant Account:
Gateway Fee $20 per month
Option 2 – Merchant Account of Choice with UltraCamp NMI Gateway:
Gateway Fee $20 per month
Option 3 – Merchant Account of Choice and NMI provided by merchant services provider:
External Connection Fee $10 per month
Option 4 – Stripe Payment Processing
To view Stripe’s fees click here
*Processing and other fees related to the merchant account will be billed separately by the merchant account provider.
ACH Processing Fees
Transaction Fee $0.25 per transaction plus 1.25%
Data Imports
Biographical imports (name, birthdate, contact info in the prescribed format) are included in the Setup Fee. Upon request, UltraCamp will import other information such as Donations and/or Reservations for an additional cost. The cost will be quoted on an individual basis, based on the usability of the information to be imported, the estimated time necessary and the stated timeline for import.
Custom Development
Services requested by Customer not included as part of the standard package of services may be available and shall be billed at $120 per hour. Notice of charges will be provided to “Customer” prior to any work.
