These terms and conditions (the “Terms and Conditions”) apply to subscribers of certain product(s) and/or service(s) of FactSet Research Systems Inc., FactSet UK Limited and/or StreetAccount, LLC (collectively, “FactSet”) who wish to make payment via an online service (“Customer”). By authorizing a payment to FactSet through the online payment service provided by FactSet’s vendor, BlueSnap, Inc. and its affiliated and related entities (BlueSnap, Inc. and its affiliated and related entities, collectively “BlueSnap” and such online payment services provided by BlueSnap, the “BlueSnap Service”), Customer will be deemed as having accepted these terms and conditions. FactSet reserves all the right to amend these terms and conditions at any time without giving prior notice. Customer understands that by Customer’s continued use of the BlueSnap Service after a change becomes effective, Customer has agreed to such change. It is the responsibility of Customer to have read the terms and conditions before using the BlueSnap Service.
2. Key Terms:
Payment(s) through the BlueSnap Service may only be made with a credit card or debit card. It is the responsibility of Customer to specify its preferred payment method. The BlueSnap Service is intended to facilitate the continued offering of options to Customer to make payments via various online payment methods.
Before using this BlueSnap Service, Customer shall make all necessary inquiries about charges or fees payable to their credit/debit card service provider.
The card information supplied by Customer is being provided to, and processed by, BlueSnap provider and will not be supplied or processed by FactSet. It is the sole responsibility of Customer to ensure that the information provided by Customer is up to date and correct. It is recommended that Customer make and retain a copy of the transaction for record keeping purposes.
Customer agrees, understands and confirms that information provided via the BlueSnap Service, which may include, without limitation, details relating to debit/credit cards, transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and neither FactSet nor BlueSnap have any control over such matters. Neither FactSet nor BlueSnap accepts or assumes any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a Customer.
The BlueSnap Service is provided by BlueSnap through a secure website. However, neither BlueSnap nor FactSet gives any assurance, that the information so provided online by Customer, is secure. Information provided by Customer may be read or intercepted by a third party. Neither FactSet nor BlueSnap accepts or assumes any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a Customer.
3. Debit/Credit Card Details:
Customer warrants, agrees and confirms in connection with its transactions:
Customer is fully and lawfully entitled to use the credit/debit card for payment purposes;
Customer is responsible for ensuring payment details are accurate and complete;
Customer authorizes processing and payment of applicable fees;
Customer agrees to be bound by any rules of its financial institution required for pre-authorized electronic funds transfer transactions and fees associated with pre-authorized transfers;
If Customer permits any individuals to use its payment profile, Customer has authorized that individual to access and use the BlueSnap Services and Customer is responsible for any transactions that individual initiates or authorizes;
Customer is responsible for ensuring that sufficient funds are available on the nominated card to facilitate payment of fees due to FactSet plus all applicable processing fees due to all third parties (if any).
4. No warranty:
No warranty, representation or guarantee, express or implied, is given by FactSet in respect of the operation of the BlueSnap Service.
5. Disclaimer and Limitation of liability:
FactSet is not liable or responsible for any damage, loss of any kind, cost (including legal costs), expenses, direct or indirect losses or consequential damage of any kind which may be suffered or incurred by Customer from use of the BlueSnap Service. In no event is FactSet responsible for any direct or indirect, special or consequential damages. Customer is solely responsible for hardware and software it uses to access the BlueSnap Services. FactSet is not responsible for any malfunctions of Customer’s hardware or software or for any computer virus that affects Customer’s systems while using the BlueSnap Service. Neither FactSet or BlueSnap shall be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall FactSet or BlueSnap, or their respective employees, directors, and its third party agents involved in processing, delivering or managing the BlueSnap Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the BlueSnap Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the BlueSnap Service. Customer agrees that FactSet is not liable for any loss or damages arising from Customer’s use of, or reliance upon the information contained in, the BlueSnap Services, or any failure to comply with these Terms and Conditions.
6. Claim Resolution:
These Terms and Conditions were written in English. To the extent any translated version conflicts with the English version, the English version controls. In connection with payments pursuant to Customer license agreements with FactSet Research Systems Inc. or StreetAccount LLC: The laws of the State of New York will govern this License without regard to conflict of law provisions. Customer agrees to submit to the exclusive jurisdiction of the courts located in New York County, New York, for the resolution of any dispute or claim relating to these Terms and Conditions. Customer and FactSet each waive any right to a trial by jury. In connection with payments pursuant to Customer license agreements with FactSet UK Limited: The laws of England and Wales will govern this Licence without regard to conflict of law provisions. Customer agrees to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute or claim relating to or arising out of these Terms and Conditions.
7. Refund/Cancellation Policy:
Invoices will be issued to Customer which reflect fees payable to FactSet. Fees paid will not be refunded under any circumstances.
FactSet’s privacy terms located at https//www.donikagunther.com/privacy shall govern Customer’s use of FactSet’s website and any transmittal of information from Customer to FactSet. For the purpose of online processing of payments, Customer shall only submit payment information to BlueSnap and shall not transmit any payment information to FactSet.
Either Customer or FactSet may terminate these Terms and Conditions or cancel a payment authorization at any time by giving the other party written notice in advance (which notice must be received by FactSet at least ten (10) business days in advance of any scheduled payment for such payment to be cancelled).
9. FactSet Contact:
If you have any questions regarding these Terms and Conditions, Customer may contact FactSet at: FactSet Research Systems Inc., 45 Glover Avenue, Norwalk, CT 06851, Attn: Treasury Manager or email at firstname.lastname@example.org.
Authorization for Recurring Payments:
By checking on the Agree to Terms and Conditions check box, Customer consents to recurring payments and thereby authorizes FactSet to initiate recurring electronic payments from the card specified by Customer. Recurring payments are generally scheduled for the first of the month, but if the first of the month falls on a weekend or holiday, Customer acknowledges that payment may be executed on the next business day. Customer must plan for recurring payments to ensure Customer has sufficient funds for each transaction. The amount of the recurring payment will be based on Customer’s agreement with FactSet governing the product(s) or service(s) subscribed to by Customer plus all applicable fees and service charges. All payments will be automatically drawn from the Customer-specified payment method. This authorization for recurring payments will remain in effect until cancelled by Customer.