Terms and Conditions

TERMS AND CONDITIONS FOR ONLINE PAYMENTS BRIERTON, JONES & JONES. LLP

These online payment terms and conditions (“Terms”) apply to your use of the online payment transaction service (the “Service”) made available by Brierton, Jones & Jones, LLP (“BJJ”). These Terms constitute a contract between you and BJJ. Please read them carefully. These Terms may be altered or added to by BJJ at any time, with or without notice. By checking the box where indicated each time you use the Service, you agree to be bound by the provisions of these Terms.

1. 1. Terms
1. 1.1. These Terms form part of BJJ’s website terms and conditions, which govern your access to and usage of the payment platform on the BJJ website. By agreeing to comply with the Terms you also agree to comply with BJJ’s website terms and conditions of use. If there is a conflict between BJJ’s website terms and conditions of use and these Terms, these Terms shall prevail.
2. 2. Grant of Rights
1. 2.1. You may use the Service for the purpose of making payments to BJJ via online credit card transaction or ACH, provided that you do not:
1. 2.1.1. In any way damage or disrupt the Service and/or the operation of the Service; and
2. 2.1.2. Use the Service for any unauthorized or unlawful purpose.
2. 2.2. Payments may be made using the Service for invoices generated by BJJ for legal fees and costs incurred on your behalf.
3. 2.3. You cannot use the Service for the transfer of money into BJJ’s trust account for payment by BJJ to others on your behalf. BJJ trust monies should be paid by check or wire transfer.
4. 2.4. We reserve the right to suspend, amend or cancel the Service at any time either temporarily or permanently.
3. 3. Payment
1. 3.1. Payments using the Service may be made only using only Visa or MasterCard credit cards.
2. 3.2. BJJ is not directly involved in the online payment but utilizes a third-party service provider.
3. 3.3. All payments are to be in United States Dollars (USD).
4. 3.4. It is your responsibility to verify that all transaction information and other details are correct.
5. 3.5. BJJ has no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond our control.
6. 3.6. You will receive a confirmation email once the payment has been received.
7. 3.7. Once a payment has been made it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.
4. 4. Fees
1. 4.1. BJJ is not responsible for merchant fees for payments made by credit card.
2. 4.2. The party issuing an ACH payment will incur a $3 fee for any returned payment and a $25 fee for any ACH payments that are stopped or disputed.
3. 4.3. International cardholders using the Service may incur their own bank’s international service fees, in addition to the merchant service fee.
5. 5. Warranties and Disclaimers
1. 5.1. You warrant that:
1. 5.1.1. You are aged 18 or over;
2. 5.1.2. You have the appropriate authority to validly accept the Terms and are able to and will meet your obligations in relation to the Terms;
3. 5.1.3. The credit card used in connection with the Service is issued in your name;
4. 5.1.4. You will pay the credit card issuer all charges incurred in the use of the Service; and
5. 5.1.5. The information supplied by you is true and correct.
2. 5.2. To the extent permitted by law, BJJ does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Service.
3. 5.3. BJJ does not warrant or guarantee that the Service and/or your use of the Service will be error-free, immediate, virus free and/or continuously available or that the information provided through the Service will be complete, accurate and/or up to date.
6. 6. Indemnity
1. 6.1. You agree to indemnify BJJ for any loss, cost or expense suffered or incurred by BJJ as result of:
1. 6.1.1. Your breach of your obligations under the Terms;
2. Intentional misuse of the Service;
3. 6.1.2. Your negligent acts or omissions in using the Service; or
4. 6.1.3. Any claim brought against BJJ by a third party in relation to your use of the Service.
7. 7. Privacy and Use of Information
1. 7.1. Any personal information supplied by you may be retained by BJJ until such time as you request that the information to be removed. BJJ does not store credit card information is PCI Compliant.
2. 7.2. BJJ will use any information you provide and which identifies you only for the purpose for which it is supplied to BJJ, including contacting you to verify your credit card information, and will not use it for any other purpose or supply it to any third party except as required by law, authorized by you or set out in these Terms.
3. 7.3. Payments using the Service are made through a secure third-party website. We will use all reasonable endeavors to prevent unauthorized access to your personal information. However, BJJ will not be liable for any direct or indirect damage or loss whatsoever for any interception and/or ‘hacking’ of any data or other unauthorized access to information provided by you for the purposes of using the Service.
8. 8. Governing Law
1. 8.1. These Terms are governed by the laws of the State of California. The San Diego Superior Courts have exclusive jurisdiction over any matter in connection with the Services and the Terms.