Terms of Use

These Terms of Use (“Terms”) govern your use of keepwellpayments.com (the “Site”), operated by Keepwell Payments LLC (“Keepwell,” “we,” “us”). By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

About the Site

The Site provides general information about payment processing, cash discount and surcharge programs, POS systems, online payments and invoicing. Keepwell Payments LLC is an independent payments agency and is not a bank or payment processor. Nothing on the Site is an offer, contract or guarantee of service. Merchant services are provided only under a separate written merchant agreement, and every application is subject to review and approval by our processing and sponsor-bank partners.

Savings calculator and estimates

The savings calculator and any savings figures on the Site or in our proposals are estimates for illustration only. They rely on the numbers you provide and on assumptions that may not match your business. Your actual rates, fees and savings depend on your card mix, transaction types, underwriting and the terms of your merchant agreement. We do not guarantee any particular result.

Cash discount and surcharge programs are your responsibility to run correctly

Surcharging and cash discount programs are governed by card network rules and by federal and state law, which can change and vary by state and by card type (for example, surcharges generally may not be applied to debit or prepaid cards). If you choose a cash discount or surcharge program, you are responsible for following those rules, including required signage, receipt disclosures, caps, and, for surcharging, the requirement to give advance notice to the card networks and your processor. We will provide the guidance our partners require, but this is not legal or tax advice.

Calls and text messages

If you check the consent box on our form, you agree to receive calls and text messages from Keepwell Payments, including through automated means, at the number you provided, about your inquiry and our services. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time; you will receive one message confirming your opt-out. Reply HELP for help, or email hello@keepwellpayments.com. Carriers are not liable for delayed or undelivered messages. You agree to tell us if you change or give up the phone number you provided.

Your information

You agree that the information you submit is accurate and that you are authorized to submit it for your business. Please do not send card numbers, bank account numbers or Social Security numbers through the Site’s contact form.

Acceptable use

You agree not to misuse the Site, including by submitting false or spam information, attempting to access systems or data you are not authorized to access, interfering with the Site’s operation, or using automated tools to scrape it.

Intellectual property

The Site and its content, including text, graphics, logos and design, belong to Keepwell or its licensors and are protected by law. You may view and print pages for your own business use. Any other use requires our written permission. Third-party names and trademarks belong to their owners.

Third-party links and services

The Site may link to or mention third-party products, such as POS hardware or software. We are not responsible for third-party sites, products or policies.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted or error-free.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KEEPWELL AND ITS MEMBERS, EMPLOYEES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). These limits do not apply to the terms of any merchant agreement you sign, which governs the services themselves.

Indemnification

You agree to indemnify and hold Keepwell harmless from claims, losses and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site or your violation of these Terms.

Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute relating to the Site will be brought in the state or federal courts located in Florida, and you consent to their jurisdiction.

Changes

We may update these Terms from time to time. The “Effective” date above shows when they last changed. Continuing to use the Site after a change means you accept the updated Terms.

Contact us

Keepwell Payments LLC · Serving South Florida, New York and merchants nationwide · (347) 219-0212 · hello@keepwellpayments.com