Us, we, uCollect or similar terms refer to Business Express Technologies Inc.
The software, uCollect, service or similar terms refer to the web service hosted at ucollect.biz and subdomains and alias domains.
An organisation refers to business unit represented by the accounting ledger that the uCollect account is connected to (our customer)
A user is a person given access to the uCollect application (apart from the Pay Now page) by an organisation as a representative of that organisation/entity.
The consumer refers to a person or business who interacts with the service as a client or customer of an organisation (the customer of our customer) to process payments owed to the organisation.
The controller and data protection officer is Peter McCarroll, Business Express Technologies Inc, Unit 105, 155 Albert Street, Markham, ON L3P2T4, Canada.
Privacy Policies applicable to all users of the web site
uCollect collects information from you during your interaction on this site. Such information includes, but is not limited to, your source IP address, your browsing behavior on this site, and also includes personal information submitted by you such as your name, email address and your payment details.
We use this information solely to deliver our service to you, communicate with you about our service, and inform you of the services we or our partners offer. With respect to information obtained through your connected accounting system uCollect does this strictly as your agent and never for its own purposes beyond those of fulfilling the services you have requested. We do not make your personal information available to third parties. By submitting personal data to us in any form you are explicitly consenting to receive communication from us, including marketing material.
You have the right not to provide personal information to us, but by so doing we are unable to provide service to you.
Our servers are housed in the United States of America and we comply with all lawful and required orders to supply information to government authorities.
We may use your anonymised and aggregated information for the purposes of publishing statistics on the use of the system.
In terms of the Eurpoean Union’s General Data Protection Regulations all of our data is collected under paragraph 1(b) of article 6 (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”).
Additional Privacy Policies applicable to Consumers and users of the Pay Now page
uCollect stores information about your interaction with our service and your payment activity with organisations that you have requested service from. We may store information about you including your name, email address, IP address, method of payment, and payment history.
uCollect is acting as agent for the organisation that you are paying. Due to the nature of our service we routinely have access to information from and share information with other services including the organisation’s accounting system and payment processors of organisations and our technology partners (including email service providers and internet hosting providers). We only share the information necessary to complete the requested task and do so as agent of the organisation.
Should you wish to request access to your personal information held in this service you should contact the organisation directly. uCollect cannot enter into discussion about personal information directly with consumers. It is the obligation of the organisation to facilitate these requests.
Additional Privacy Policies applicable to Organisations and their representatives
uCollect collects information from you during your interaction on this site. Such information includes, but is not limited to, your source IP address, your browsing behavior, and also include personal information submitted by you or initiated by you such as your name, email address, accounting system details and your credit card details. Furthermore, by connecting your accounting system to uCollect we are able to access information from your accounting system which may include personal information about your customers.
We do not store credit card details or any banking information of you or your customers in our system. All sensitive banking data is stored as tokens and encrypted. The data entry fields for your customer data are intended to hold reference information (such as tokens or account reference numbers) rather than credit card or bank account data. While our data is encrypted on our server and protected with SSL when transmitted to you and other servers you agree that we are not responsible for any loss or damages arising as a result of you or your clients entering any form of personal information into our system.
We retain data in our system about organisations and consumers for as long as that information is being used by the organisation. Payment history is purged after six months. When an organisation terminates service with us we delete all data from our databases about that organisation and their customers, apart from support emails, immediately and irrevocably.
Consumer Collections, Unenrolling and Access to Information
Consumers who have had collections processed by uCollect (including through the Pay Now page) should contact the organisation directly for information about their transactions. uCollect is unable to provide you with any information about your transaction, un-enrol you from automatic collection, reverse a collection, change your payment details or terminate service that you have with the organisation. You must contact the organisation directly to discuss these matters. No communication sent to uCollect in regard to these matters may be considered delivered to the organisation in question. Should we decide to communicate with a consumer on any matter we reserve the right to include a representative of the organisation into the conversation.
You have a free 30 day trial. The free trial period automatically becomes a paid service at the conclusion of the trial period. We will attempt to notify you a few days before your subscription period is due to start or renew. Subscriptions automatically renew on the anniversary date of their term. After your trial period and on the periodic renewal date thereafter we will automatically charge your credit card. If the card is declined we will attempt to contact you by email. If you have not provided a valid billing card within 7 days of your renewal date we may suspend your account. If we haven’t been able to charge your card in a further 7 days we will delete your account. Deleted accounts can not be restored. If you do not wish to yo renew your subscription you should cancel your account prior to the subscription renewal date.
If you have chosen the monthly subscription option we will base the fee for the upcoming month on the number of transactions processed in the previous month (for your first billing cycle this will be your free trial month).
We reserve the right the change our renewal subscription rate. We will notify you by email of the new rate prior to the renewal of your subscription. If you do not agree to the new rate you must cancel your subscription before the renewal date. If you do not cancel you will automatically be billed the new rate.
Receipt of Electronic Communications
You agree to receive electronic communications from us and acknowledge that we deem you to have receive electronic communication as soon as we have sent it. We are not responsible for undelivered messages or messages that end up in your spam folder. You are deemed to have received the communication when it is delivered to your mail server. We recommend that you whitelist ucollect.biz and app.ucollect.biz to ensure that you receive all communication from us. If you will be away from your email for an extended period of time we recommend that you setup your uCollect account so that someone else will receive appropriate alerts from us.
Refunds and Service Cancellation
Subscription amounts are non-refundable.
You may cancel your account at any time and for any reason, but you will not receive a refund of your unused subscription amount. If you are worried that your needs may not be met by uCollect you should choose the monthly subscription option. You may also want to consider getting a dog.
We may cancel your account at any time without reason. In the event that we choose to cancel your account for any reason other than your failure to abide by the terms of this agreement we will offer you a refund for the unused portion of your current paid-up subscription period so long as such period is greater than 28 days.
Other than as specified in the preceding paragraph all subscriptions paid are non-refundable.
When an account is cancelled for any reason all data connected to the account is deleted and can not be restored. Account cancellations are effective immediately upon confirmation.
Ownership of Subscription and Dispute Resolution
The subscription belongs to the organisation regardless of who created the uCollect account or pays for the subscription. In the event that someone requests that we transfer the subscription to their control and/or add them in as an administrator to the account we will initiate our Dispute Resolution process. There is a $50 fee for this process which is payable by the initiator. In the Dispute Resolution Process we will:
- ensure that the initiator has taken all reasonable steps to resolve the dispute with the current subscriber prior to initiating our process
- attempt to contact the current subscriber to ascertain their position and hear all sides to the dispute
- negotiate a resolution that both parties are happy with
- If we are unable to come to an amicable resolution, or if one party is not cooperating in the process, we will make a decision based on the information available to us.
Our decision on the dispute is final and you agree to abide by our decision with no legal right of appeal or challenge.
Limitation of Liability
You agree that you will not sue or otherwise attach blame or charge against uCollect or Business Express Technologies Inc for failure to provide service, errors in processing, as a result of a dispute or for any other reason. Notwithstanding the previous condition, you further agree that our liability is limited at all times to the amount you paid for the service for the period in question. At no time are we liable for damages or costs in excess of the subscription amount paid.
Furthermore, you agree to indemnify us for any costs involved in responding to, investigating or defending statutory claims, requests or suits related to your account, whether or not initiated by you. This provision is aimed at (but not necessarily limited to) protecting us from costs incurred responding to matters connected to various national/regional privacy and security laws. While such laws are well meaning they have the potential to significantly increase costs that must be passed on to users.
You appoint us as your agent for the purpose of initiating and collecting amounts due as reflected in the connected Xero ledger through the payment gateways you have setup. You accept that any responsibility for missed payments, payments to/from the wrong account and errors in payments are your responsibility and agree to hold us harmless from charges by third parties associated or connected to your use of the system, including, but not limited to, your customers, banks, payment gateways and government organisations.
You agree that obtaining permission from your customers to charge their account is your sole responsibility and promise to only use uCollect to process collection on invoices that the customer has agreed to pay and has given you permission to debit their account. You agree that uCollect is not responsible for any rejections, chargebacks or refunds relating to collections we have initiated.
Accountants, Bookkeepers and Referral Partners
We encourage service providers to refer their clients to uCollect or to otherwise recommend us to them. We offer a referral commission to these partners. This does not increase your subscription rate. If your referrer sets up your uCollect account they will have access to your account. You may revoke their access at any time.
Relationship with Gateways
uCollect does not provide gateway services and is not responsible for the performance of transactions or maintenance of your gateway account. To use our service you must have a gateway facility that is properly integrated with our service. A gateway includes a bank or any other organisation that is involved in processing the collection. uCollect’s role in a collection is merely to initiate the collection and pass it on to the gateway for action.
The gateway account is your property and may be used for transactions not managed by uCollect and may be retained after you terminate service with uCollect. Apart for Stripe users, our customer support team has NO ACCESS to your gateway account beyond initiating transactions as your agent and is unable view your gateway console or account details. We cannot determine why a transaction failed beyond the initial response received from the gateway. We have partnership agreements with some (but not all) of the gateways we offer where we may receive commission, referral fees or shared revenue from your account/activity.
Gateways charge their own fees for their services which may include setup fees, monthly fees, transaction fees and other service fees. It is your responsibility to fully understand the fee structure of your chosen gateway. uCollect is not responsible for the fees of your gateway provider. The uCollect subscription is separate from and in addition to any gateway fees and charges.
Gateways have their own terms of service, approval process and settlement process. They may suspend your service if you have not paid your fees and have suspicious transactions. We cannot control or influence this in any way.
Rights and Intellectual Property
All rights to the software, images, and data shall remain exclusively with us. The service and all associated material represents our Intellectual Property and we grant no right to you other than the right to use the service for the purpose to which it was designed for the duration of your paid subscription.
You are responsible for complying with relevant laws and regulations about income and sales taxes related to any payments processed through uCollect. We do not evaluate or consider taxes in any way when processing your payments. We will add sales tax to your uCollect subscription fee if we are required to by law. As we are based in Canada we will add GST/HST to subscription fees of any organisation based in Canada. We use the country that your Xero ledger is based in to determine that. If you are deemed resident in Canada for Sales Tax purposes but your ledger is registered in a different country you must notify us. Should any governing authority require us to charge sales tax to any user you agree to pay the tax including any back taxes and agree that we may charge your card on file. We will notify you of any charges prior to collection.
Changes to the Terms of Service
We may change these terms of service from time to time. We will notify registered users of the system of any changes by email. Continued use of this website and service is deemed consent to changes to our Terms of Service.