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All of the sections below are referred to collectively as the Sherpa Pay Terms and Conditions and are applicable based on the services that you receive from Sherpa Pay Inc.
These are the terms and conditions ("Terms and Conditions") of the Sherpa Pay Application (the "Application") which is entered into by Sherpa Pay Inc., including any subsidiaries or affiliates, its agent(s), partner(s), or other authorized representative(s) (collectively or individually "Sherpa Pay") and the merchant(s) (the "Merchant") whose information appears on the Application. The Application, together with:
...collectively form the agreement (the "Agreement") between Sherpa Pay and the Merchant.
"Affiliate(s)" of any Person means any other Person, Controlling, Controlled by or under common Control with such first Person, directly or indirectly.
"Equipment" means the hardware and/or software used to process payment transactions.
"Payment Acquirer" means a bank or financial institution that processes credit or debit card payments for the Merchant.
"Website" means www.sherpapay.com and all related webpages.
The provision of the Services is conditional on the acceptance of the Merchant by Sherpa Pay and/or a Payment Acquirer associated with Sherpa Pay.
The Agreement is effective upon the date of acceptance and continues for a term of three (3) years unless terminated as outlined. Upon expiry, it renews automatically for additional six (6) month periods unless written notice is given.
Merchant authorizes Sherpa Pay to share Merchant data with third parties for service provision, value-added services, partner compensation, service updates, analysis, marketing, and communications.
Merchant grants Sherpa Pay full rights to use submitted feedback and consents to receiving communications as per Canadian Anti-Spam Law (CASL).
Services and Equipment are provided “as is.” Sherpa Pay is not liable for indirect or consequential damages. Aggregate liability is limited to Transaction Fees paid in the month when a claim arises. Full indemnification and waiver clauses apply.
Merchant indemnifies Sherpa Pay against third-party claims arising from improper use of Equipment or Services, except where due solely to Sherpa Pay’s negligence or misconduct.
Neither party may assign this Agreement without written consent, except Sherpa Pay may assign to Affiliates or successors.
This Agreement binds and benefits both parties and their successors and assigns.
Sherpa Pay may amend these Terms with notice; it is the Merchant's responsibility to review updates regularly.
Notices to Merchant via mailing or email address on file; notices to Sherpa Pay via registered mail to:
Sherpa PayNo rights waived unless in writing. Invalid provisions are severed; the remainder remains effective.
Ontario, Canada laws govern. Merchant consents to Ontario jurisdiction and waives rights to jury trials and class actions.
Merchant’s continued use of Services after changes constitutes agreement to the updated Terms.
Certain sections survive termination, including Fees, Indemnification, Limitation of Liability, and Governing Law.
These Terms are provided in English. C'est la volonté expresse des parties que la présente convention soit rédigée en anglais.
| Information Collected | Purpose |
|---|---|
| 1) Account-related information (name, company, DOB, address, email, phone, government ID, payment details) |
Provide service: authentication, invoicing, customer communication, lead/review/referral notifications Customer support: resolve issues, transaction messages, updates, beta program invites Improve product: personalize experience, security, defect monitoring |
| 2) Data about usage (POS, terminal, apps, websites, device/browser info, IP address, browsing behavior) |
Provide service and fulfill contractual obligations Improve product: interaction tracking, defect monitoring, security Communicate relevant product offerings: personalized suggestions, feature highlights |
| 3) Customer personal info shared by Clients or Customers |
Help Clients serve Customers: sending gifts, communications, payment collection Grow Clients' business: solicit reviews, referrals, identify loyal Customers |
| 4) Recordings of phone, email, SMS, etc. |
Improve customer support: quality assurance, training, collaboration Improve product: learn from conversations, identify new product opportunities |
| 5) Automated decision-making using personal info | Ensure security and ease of use: screen for fraud or risk |
| 6) Information from third parties | Serve client needs and referrals from partners |
| 7) Other personal info with your express permission | Use according to your consent |
| Information Collected | Purpose |
|---|---|
| 1) Customer information (name, gender, birthdate, language, social handles, contact info, device/browser info, order info) |
Help Clients serve Customers: process orders, payments, authentication, gifts, loyalty management Communicate product offerings: personalized experiences, feature highlights Grow Clients’ business: reviews, referrals, loyalty analysis Improve services: functionality, pre-filled forms, personalized messages |
| 2) Information from/about devices | Combine device data to improve service experience |
| 3) Information from third-party partners and sources | Referrals, review collection, cross-platform service improvement |
| 4) Automated decision-making | Fraud prevention and security |
| 5) Other personal info with express permission | Use according to Client's or your consent |
"Access Credentials" means any user name, identification number, password, license or security key, security token, or other security code, method, technology, or device used, alone or in combination, to verify a User's identity and authorization to access and use the Service.
"Merchant Data" means any and all information, data, and other content, in any form or medium, that is uploaded into the Software or otherwise provided to Paystone, directly or indirectly, by the Merchant or a User in connection with the Service.
"Merchant Systems" means the Merchant's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by the Merchant or through the use of third-party services.
"Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data Processed thereby, or (b) prevent the Merchant or any User from accessing or using the Service or Paystone Systems as intended by this Agreement.
The Merchant acknowledges and agrees that the Services made available to the Merchant by Paystone are licensed and not sold to the Merchant. Unless otherwise stated in this Section 1.1, and at all times subject to the Merchant's compliance with the terms and conditions of the Agreement Paystone hereby grants the Merchant a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) access and use the Service during the Term solely for purposes of Merchant's internal business operations; and (b) install, access, and use the Software, in object code form only, in connection with Merchant's use of the Services.
The Merchant acknowledges and agrees that Paystone may revoke the license set out in this Section 1.1 at any time, with or without reason. The license granted hereunder will also terminate, with immediate effect, if the Merchant (or a User of the Merchant) breaches any term or condition of this Agreement.
Paystone may, from time to time in its sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates").
The Merchant shall not, except as expressly permitted in the Agreement: (a) copy, modify, or create derivative works or improvements of the Service or Paystone Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Service or any Paystone Materials to any person or entity; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Paystone Materials; or (d) bypass or breach any security device or protection used by the Service or Paystone Materials.
The Merchant has and shall retain sole control over the operation, maintenance, and management of, and all access to and use of, the Merchant Systems.
If the Merchant becomes aware of any actual or threatened activity prohibited by Section 1.3, the Merchant shall immediately notify Paystone and take all reasonable measures to stop the activity.
All Merchant Data is subject to Paystone's Privacy Policy available at www.paystone.com/legal#privacy.
No Mobile Opt-in Data will be shared or sold with any third party of affiliates for their marketing and promotional purposes.
Paystone does not guarantee the confidentiality of any communications made by the Merchant or a User to Paystone.
By submitting Feedback to Paystone, the Merchant grants Paystone a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose.
Paystone retains all right, title, and interest in and to the Services and Paystone Materials, including all Intellectual Property Rights.
Paystone may compile statistical and other information related to the performance of the Services ("Service Analyses").
The Service may contain links to third-party websites. Paystone is not responsible for the content of such websites.
The Merchant acknowledges that third-party Ancillary Services may change without notice, affecting the Service's functionality.
The Merchant authorizes Paystone to access and Process Ancillary Account Data for the provision of the Services.
Paystone reserves the right to modify the Services at any time.
Paystone may suspend the Service for maintenance, security, or other necessary reasons.
Paystone may suspend Merchant access for violations of these Terms or non-payment.
The Merchant agrees to indemnify Paystone against third-party claims arising from Merchant Data or breach of this Agreement.
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. PAYSTONE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Information provided through the Service does not constitute legal, financial, or professional advice.
PAYSTONE'S LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MERCHANT IN THE ONE-MONTH PERIOD PRECEDING THE CLAIM.
Paystone may assign this Agreement without notice. Merchant may not assign without Paystone's written consent.
Paystone is not liable for failures due to events beyond its reasonable control.
The Service is intended for use in Canada only.
Notices to Paystone must be sent via registered mail to its Paris, Ontario address.
Failure to enforce a provision is not a waiver. Invalid provisions will be severed.
This Agreement is governed by Ontario law. Disputes will be resolved in Ontario courts.
Paystone may update these Terms by posting changes on the Website. Continued use constitutes acceptance.
Sections 4-11 survive termination of this Agreement.
The parties agree this Agreement is in English.
These are the terms and conditions ("Terms and Conditions") of the Sherpa Pay Fundraising/Pay Application (the "Application") which is entered into by Sherpa Pay Inc., including any subsidiaries or affiliates, its agent(s), partner(s), or other authorized representative(s) (collectively or individually "Sherpa Pay") and the merchant(s) (the "Merchant") whose information appears on the Application. The Application, together with: (i) these Terms and Conditions; (ii) a summary of the complaints handling process, (iii) the Payment Acquirer terms of service or terms and conditions, as applicable; (iv) Sherpa Pay Account Terms of Service; (v) any other Payment Acquirer forms, agreements, guarantees, or other similar documents, as applicable; and (vi) all appendices, schedules, exhibits and addenda to the Application, whether such schedules, exhibits and/or addenda became effective on the same date that the aforementioned applications were executed by the Merchant or at a later date), collectively form the agreement (the "Agreement") between Sherpa Pay and the Merchant.
The Merchant intends on providing its customers with the option of purchasing its goods and/or services and has selected Sherpa Pay to provide credit and debit payment processing and other services as mutually agreed to by the parties from time to time (collectively, the "Services").
By accepting this Agreement, the Merchant agrees to be bound by all applicable provisions, including any amendments, restatements, supplements, or any other modification of this Agreement, and will ensure compliance of this Agreement by any and all persons associated with the Merchant, including but not limited to, partners, employees, contractors, agents, and/ or representatives. If you have any questions or concerns about these Terms and Conditions, please contact Sherpa Pay by email at compliance@Sherpa Pay.com.
"Affiliate(s)" of any Person means, at the time such determination is made, any other Person, Controlling, Controlled by or under common Control with such first Person, in each case, whether directly or indirectly.
"Equipment" means the hardware and/or software used to process payment transactions, including but not limited to devices requiring the input of a personal identification number, devices using near-field communication (NFC) to communication with the payment card, any kiosk hardware, virtual payment processing software, or any other similar device.
"Payment Acquirer" means a bank or financial institution that processes credit or debit card payments for the Merchant. "Website" means the website located at the URL www.Sherpa Pay.com and all related webpages.
The provision of the Services is conditional on the acceptance of the Merchant by Sherpa Pay and/or a Payment Acquirer associated with Sherpa Pay.
This Agreement will be effective upon the date of acceptance and will continue for a term of one (1) year unless otherwise terminated in accordance with this Agreement (the "Initial Term"). Upon the expiry of the Initial Term, this Agreement will automatically renew on the terms and conditions contained in this Agreement for additional periods of one (1) month each (each, a "Renewal Term") unless a party provides written notice of non-renewal to the other party no fewer than 30 days prior to the expiry of the Initial Term or then-current Renewal Term, as applicable. For certainty, in this Agreement, all references to the "Term" mean, collectively, the Initial Term and the Renewal Term (if any).
(a) Each transaction, including approved and declined transactions, key exchanges, totals, and settlements, will be subject to the transaction fees set out in the Application or as otherwise agreed upon by Sherpa Pay and the Merchant (collectively, the "Transaction Fees").
(b) The Merchant acknowledges that a portion of the surcharges set out in the Fundraising Application are the property of Sherpa Pay and shall be held in trust by the Merchant for Sherpa Pay until such time that Sherpa Pay recovers said surcharges.
(c) The Merchant acknowledges that wireless fees set out in the Fundraising Application shall apply to all wireless Equipment.
(d) If applicable, the application fee is a one-time, non-refundable amount set out in the Fundraising Application ("Application Fee"). The Application Fee shall be paid by the Merchant upon the submission of each Fundraising Application, regardless of application approval or denial.
(e) The Merchant acknowledges that Sherpa Pay reserves the right to charge administrative fees for and relating to the Services. Said administrative fees shall be forty-five dollars ($45.00) for any account maintenance, chargeback, or insufficient funds notices, and sixty-five cents ($0.65) for each touchtone or voice authorization.
(f) Notwithstanding anything contained herein, the Merchant hereby irrevocably authorizes and directs Sherpa Pay or any financial institution acting on behalf of Sherpa Pay, to deduct any and all amounts, including but not limited to all surcharges, Transaction Fees, or any wireless, Equipment swap, restocking, administrative, cancellation, and reconnection fees, owed by the Merchant in accordance with this Agreement from the funds collected from processed transactions or directly from the Merchant's bank account in accordance with the Preauthorized Debit Agreement attached hereto. This authorization in no way limits Sherpa Pay to any method of collection for the recovery of monies owed. As agreed upon by Sherpa Pay and the Merchant, Sherpa Pay may bill the Merchant for any amount owing as a result of this Agreement.
(g) If attempts by Sherpa Pay, or any financial institution acting on behalf of Sherpa Pay, to obtain monies from the Merchant's bank account are refused or returned due to insufficient funds being available or otherwise, Sherpa Pay reserves the right to charge the Merchant an administrative fee of forty-five dollars ($45.00) in addition to any and all outstanding amounts owed.
(h) The Merchant acknowledges that any withdrawal from the Merchant's bank account by Sherpa Pay in accordance with this Agreement, is a pre-authorized debit for business purposes as defined under the Canadian Payment Association Rule H1. Therefore, the Merchant waives the right to receive advanced notice from Sherpa Pay of any and all such pre-authorized debits. The Merchant hereby agrees to cooperate with Sherpa Pay in establishing and maintaining this preauthorized debit payment mechanism.
(a) The Merchant hereby agrees to rent the Equipment for the price specified on the Fundraising Application.
(b) The refusal or inability whatsoever to accept delivery of Equipment by the Merchant or the failure to disclose any pertinent information that results in Sherpa Pay reclaiming the Equipment will result in the Merchant being subject to a five hundred dollar ($500.00) restocking fee per Equipment reclaimed by Sherpa Pay. The Merchant hereby authorizes Sherpa Pay to deduct any restocking fee owed directly from the Merchant's bank account. This authorization by no means limits Sherpa Pay to any method of collection for restocking fees owed.
(c) The Merchant acknowledges that the Equipment may only be removed from the Merchant's premises with prior written approval from Sherpa Pay. Removal of the Equipment shall be at the sole cost of the Merchant if removal occurs at any time after the first ninety (90) days in the Term but before the first anniversary date in the Term.
(d) The Merchant acknowledges that a fee of up to seven hundred and ninety-eight dollars ($798.00) will be charged for any Equipment swapped for defect during the Term.
(e) The Merchant acknowledges and agrees that the Equipment may become damaged or cause property damage, personal injury or death during any period of time that the Equipment is in the Merchant's possession or under its control, including, if applicable, as a result of the Equipment not being affixed to a wall. The Merchant hereby agrees to indemnify Sherpa Pay pursuant to Section 10(c) of this Agreement for any such claims of property damage, personal injury or death.
(a) The Merchant authorizes Sherpa Pay to share any and all Merchant data with any third-party for the purpose of enabling the provision of ancillary Services to the Merchant.
(b) The Merchant further authorizes Sherpa Pay to share any and all data obtained through the provision of the Services to the Merchant for the purposes of: (i) developing and providing value-added services to the Merchant and other Sherpa Pay and/or Payment Acquirer merchants; (ii) compensating referral, association, and/or value-added partners ("Partners"), where applicable; (iii) providing Merchant service and performance updates to Partners, where applicable; and (iv) for analysis, marketing and communications purposes.
(a) provide Sherpa Pay with the Materials (as defined in Section 9, herein) within 1 week of the Application being approved;
i. process transactions for only bona fide sales of goods and/or services, or donations in the case of non-profits and registered charities;
ii. adhere and comply with all laws or requirements of governmental and/or governing bodies;
iii. be bound and abide by the Interac Client Terms and Conditions;
iv. notify Sherpa Pay in writing of any account adjustments relating to any debit and/or credit transactions within twenty (20) days of being processed;
v. maintain and provide Sherpa Pay access to a bank account at all times for the provision of debits and deposits in accordance with this Agreement;
vi. take appropriate measures to prevent unauthorized use of the Equipment;
vii. notify Sherpa Pay immediately upon discovery of any loss of, damage to, or unauthorized use of the Equipment;
viii. maintain the Equipment in a state of good working order;
ix. promptly report any errors, malfunctions, or any other problems with the equipment;
x. permit Sherpa Pay free and unrestricted access to the Merchant's premises during normal business hours as required for site preparation, installation, investigation, and maintenance activities;
xi. authorize Sherpa Pay to identify the Merchant as a user of the Equipment and Services in marketing material relating directly to the Services and/or Equipment;
xii. maintain appropriate reporting and operational processes;
xiii. retain all transaction receipts for no less than one (1) year from the date of settlement;
xiv. provide Sherpa Pay with accurate, anonymized or complete employee work shift logs within twenty-four (24) hours of receiving the request;
xv. provide Sherpa Pay access to examine and verify at any reasonable time any and all records pertaining to transactions processed through the Equipment;
xvi. aid in the remote diagnostics and servicing of the Equipment; and
xvii. any other task required by Sherpa Pay in order for the adequate provision of Services to the Merchant.
(b) The Merchant shall also provide any receipts retained in accordance with 7(a)(xiii) to Sherpa Pay upon request. Failing to provide said receipts may result in the reversal of payments processed and the amount reversed being charged directly to the Merchant.
Sherpa Pay does not guarantee the confidentiality of any communications made by you to Sherpa Pay or any other information transmitted by you to Sherpa Pay, including communications made by email or any information transmitted in your use of the Services. We may retain a copy of any such communications for the purpose of, and to the extent necessary for us to comply with applicable legal, regulatory or internal backup requirements.
By submitting suggestions, documents, proposals, material, content, graphics, messages, communications, data and/or information to Sherpa Pay ("Feedback") to Sherpa Pay, you acknowledge that: (i) your Feedback does not contain confidential or proprietary information; (ii) Sherpa Pay is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you grant Sherpa Pay and its Affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, unlimited, sublicensable and non-exclusive license and right to receive, use, disclose, reproduce, adapt, merge or aggregate with other information or data, modify, translate, publish, make available, publicly display, sell, transfer, transmit and otherwise use such Feedback for any purpose, in any manner, in any media and format; (iv) you irrevocably waive your moral rights in and to such Feedback and assign to Sherpa Pay all rights in and to your Feedback in perpetuity; (v) you are not entitled to any compensation or reimbursement of any kind from Sherpa Pay under any circumstances; and (vi) you represent and warrant to Sherpa Pay, and can demonstrate to Sherpa Pay, upon request, that you have the rights to grant Sherpa Pay the rights set out in (iii) above.
You specifically and expressly consent to Sherpa Pay providing you with various communications, newsletters, correspondence, promotions and other documentation by email, text message or other forms of electronic communication and you hereby confirm that all such communication is accepted and in compliance with An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic Means of Carrying Out Commercial Activities and to Amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act S.C. 2010, c.23 ("CASL") as amended or replaced from time to time.
During the Term, the Merchant hereby grants to Sherpa Pay a limited, non-exclusive, non-assignable, non-transferable right and license, without the right to sublicense, to use the Merchant's name and all verbal and written references to that name and any logo of the Merchant (collectively, the "Materials").
The Merchant represents and warrants that it has the right and authority to enter into this Agreement and to grant all of the rights contained herein, and that Sherpa Pay's use of the Materials will not violate or infringe upon the rights of any third parties.
Sherpa Pay acknowledges that the Materials are and shall remain the sole and exclusive property of the Merchant, and the Licensee agrees that is has no right, title or interest in or to the Materials. The Merchant acknowledges that nothing in this Agreement requires Sherpa Pay to use the Materials for any purpose or manner whatsoever.
(a) The Services are provided by Sherpa Pay on an "as is" and "as available" basis and without warranties of any kind, express or implied. Sherpa Pay disclaims all warranties, express or implied, including implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement. Sherpa Pay does not warrant that the installation of the Equipment or the use of any of the Equipment or Sherpa Pay's Services will be uninterrupted, error-free or free of viruses or other harmful components. Sherpa Pay may correct, modify, amend, enhance, improve and make any other changes to any Equipment or Services at any time, or discontinue providing any Equipment or Services at any time with or without notice to you.
(b) In no event will Sherpa Pay be liable for any indirect, incidental, special or consequential damages that result or arise from or are related to or in connection with the use of, or the inability to use any Equipment or Service, even if Sherpa Pay has been advised of the possibility of such damages. Sherpa Pay shall not be held liable for any damages, lost profits, lost revenues, lost opportunities, loss of goodwill, loss of brand or Merchant value, costs and/or expenses in any way relating to or arising out of this Agreement. This also includes losses suffered as a result of communication failures or disruptions, or the availability of technical support and you expressly hold Sherpa Pay harmless from and against any and all claims, losses, liability, damages, injuries and expenses (including personal injury claims) arising out of or relating to your use of any Equipment or the Services, and any alleged or actual violation by you of this Agreement.
(c) The Merchant hereby expressly holds Sherpa Pay and its officers, directors, employees, staff, insurers, Affiliates, subcontractors and representatives, and their respective officers, directors, employees, insurers, heirs successors and assigns, as applicable (the "Releasees") harmless of and from all manner of action, obligation, causes of action, suits, debts, accounts, bonds, covenants, contracts, claims and/or demands whatsoever (collectively, "Claims") that may at any time be asserted against a Releasee arising out of or relating to: (i) Sherpa Pay's use of the Materials, including, without limitation, any Claims that Sherpa Pay's use of the Materials infringe any intellectual property rights; (ii) the Merchant's use of the Services and/or the Equipment (iii) damage to the Equipment or any property damage, personal injury or death caused by an act or omission of the Merchant relating to the Equipment, however caused, including but not limited to securing the Equipment from tampering or falling, during any period of time which the Equipment is in the Merchant's possession or under its control; and (iv) any alleged violation by the Merchant of these Terms and Conditions, and the Merchant agrees to indemnify the Releasees in respect of any costs or expenses (including reasonable legal fees) that the Merchant may incur in respect of any such Claims. Furthermore, the Merchant shall be liable for and shall indemnify the Releasees in respect of all loss, liability, claims, demands, damages, costs, charges, expenses and proceedings in respect of personal or bodily injury to or death of any person whatsoever or loss of or damage to any third-party's property arising out of any act or omission of the Merchant related to the Equipment during any period of time during which the Equipment is in the Merchant's possession or under its control.
(d) Sherpa Pay shall not be held liable for any delay or default in the performance of our obligations in this Agreement as a result of any failure of electrical, communication, banking, or Payment Acquirer systems, acts of God, flood, fire, severe weather, strike, lockout, acts of war, governmental acts or restrictions, or emergency situations.
(e) Except as expressly provided in these Terms and Conditions, and to the maximum extent permitted by applicable law in the Merchant's jurisdiction, Sherpa Pay will have no other obligation, duty or liability whatsoever in contract, tort or otherwise to you, including any liability for negligence or strict liability. The limitations, exclusions and disclaimers in these Terms and Conditions will apply: (i) irrespective of the nature of the cause of action, demand or action by you, including breach of contract, tort, negligence, strict liability or any other legal theory and will survive a fundamental breach, breach of a fundamental term or breaches or the failure of the essential purpose of these Terms and Conditions or of any remedy contained herein; and (ii) to Sherpa Pay and its Affiliates, their successors, permitted assigns, agents, suppliers and each of their respective directors, officers, employees and contractors.
(f) In no event will Sherpa Pay's aggregate liability based upon, arising from, in connection with or related to these Terms and Conditions, the Services or the Equipment exceed the Transaction Fees, if any, paid by the Merchant that gave rise to the claim, in the month in which the cause of action underlying such claim arose. This limitation applies for any and all forms of legal action brought against Sherpa Pay and constitutes the Merchant's exclusive remedy.
(g) The Merchant acknowledges and agrees that the disclaimers, exclusions and limitations set forth herein constitute an essential element of these Terms and Conditions and that in the absence of such disclaimers, exclusions and limitations, the Transaction Fees and other terms in these Terms and Conditions would be substantially different. In addition to the limitations and exclusions set out above, in no event will any directors, officers, employees, agents, successors or assigns of Sherpa Pay, or any distributors, suppliers, contractors, customers, vendors, partners or organizations that work with Sherpa Pay in connection with the Services and/or the Equipment or their respective directors, officers, employees, agents, successors or assigns, or any Affiliates of Sherpa Pay have any liability arising from or related to these Terms and Conditions, the Services or the Equipment.
The Merchant shall indemnify and hold Sherpa Pay harmless from and against any and all claims, suits, damages, losses, costs, expenses and fees incurred directly or indirectly by Sherpa Pay as a result of the Merchant failing to utilize the Equipment or Services in accordance with this Agreement, and for any liability to third parties for any injuries or damages not resulting solely from the negligence or wilful misconduct of Sherpa Pay, which results from the provision of Equipment or Services from Sherpa Pay.
Neither party may assign or transfer all or any part of this Agreement or its rights or obligations under this Agreement to any other person without the prior written consent of the other party, and any purported assignment without such consent shall be null and void. Notwithstanding the foregoing, Sherpa Pay may, without the Merchant's prior written consent, assign any of Sherpa Pay's rights and/or obligations under this Agreement to any of its Affiliates, or the surviving corporation with or into which Sherpa Pay merges or consolidates, or to an entity to which Sherpa Pay transfers all, or substantially all, of its voting securities or assets.
(a) Sherpa Pay may terminate this Agreement or cease the provision of Services for any unit of Equipment at any time without notice if, (i) the Merchant fails to comply with any material terms of this Agreement; or (ii) Sherpa Pay believes that the Merchant represents an unacceptable risk to the integrity of Sherpa Pay and/or the Services.
(b) Subject to 13(c), the Merchant may terminate this Agreement at any time with thirty (30) days advance written notice to Sherpa Pay, however shall be subject to an early termination fee (the "ETF") of two hundred and ninety-five dollars ($295) per unit of Equipment and any reasonable return shipping cost(s) incurred as a result of this agreement being terminated.
(c) The Merchant will not be subject to an ETF if termination occurs within ninety (90) days following notification from Sherpa Pay of, (i) a fee increase, (ii) an additional fee related to Interac Direct Payment transactions, and/or (iii) the reduction in applicable Interchange Rates.
(d) This Agreement will automatically terminate and the Merchant will be subject to an ETF of two hundred and ninety-five dollars ($295) per unit of Equipment, if the Merchant fails to process any payment transaction using the Services and/or Equipment for ninety (90) consecutive days. Thereafter, the Merchant will be subject to a reconnection fee of two hundred and ninety-five dollars ($295) per unit of Equipment, should the Merchant wish to renew this Agreement.
(e) Termination of this Agreement will not affect any other existing agreement Sherpa Pay or any other party may have with the Merchant.
This Agreement is binding upon the parties hereto and their respective heirs, executors, administrators, legal and/or personal representatives, successors, and assigns.
Sherpa Pay reserves the right to, from time to time, in Sherpa Pay's sole discretion, amend these pay terms and conditions, with the exception of any fee changes or the introduction of a new fee or cost structure, or the applicable interchange fees, for which Sherpa Pay shall provide a 90-day written notice prior to any change to such fees taking effect. Any amendments shall apply to existing and new Services you receive from Sherpa Pay. It is your responsibility to review these online terms and conditions and your continued use of Sherpa Pay Services constitutes your agreement to the then-current amended and updated Terms and Conditions.
All notices to the Merchant will be provided to the Merchant at the mailing address or email address (at Sherpa Pay's discretion) set forth in the Application and will be deemed to have been provided on the date in which the notice was sent. All notices to Sherpa Pay required or permitted under the Agreement will be provided via registered mail to:
Sherpa Pay
3200 Wonderland Road South London,
Ontario
N6L 1A6
Attention: Corporate Counsel
and will be deemed to have been given on the date of Sherpa Pay's receipt. Each party agrees to promptly notify the other party in writing if any of its contact information changes.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes any prior negotiations or agreements. The headings used in this agreement are for convenience only and are not to be construed as defining, limiting or describing the scope or intent of this Agreement.
No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the Parties. For avoidance of doubt, emails with a typed name or signature block do not constitute signed writings.
(a) The failure of either party to exercise any rights under this Agreement shall not be deemed a waiver of such right or any other rights.
(b) If any provision of this agreement is held to be invalid, illegal, or unenforceable, that provision will be severed to the extent of its invalidity, illegality, or unenforceability, and all other provisions will continue in full force and effect to the extent permitted by law.
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein, excluding any body of law governing conflicts of law. Sherpa Pay reserves the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of competent jurisdiction, for claims regarding: (i) amounts owed by the Merchant to Sherpa Pay in connection with the Merchant's use of the Services or Equipment or any portion thereof; or (ii) the Merchant's actual or threatened violation of these Conditions of Use or any part thereof. The Merchant irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in the Province of Ontario, for any claims arising from or related to these Terms of and Conditions or any of the Services or the Equipment. The Merchant agrees that, in the event that there is a dispute under these Terms and Conditions and such dispute is to be resolved in a court of law, such dispute will not be resolved by jury trial, and the Merchant hereby: (i) waives all rights to a trial by jury in any matter related to or arising from these Terms and Conditions; and (ii) agrees that such dispute will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. If any part of this Section 18 is found to be unenforceable, the remainder of this Section 18 will still be given full force and effect.
Sherpa Pay reserves the right at any time, and from time to time, to change these Terms and Conditions and to notify you of such change by posting the updated version of these Terms and Conditions on the Website. The Merchant acknowledges and agrees that it is responsible for regularly reviewing these Terms and Conditions, including by checking the date of the "Last Update" at the end of these Terms and Conditions. Continued use of any Services or Equipment after any such changes will constitute the Merchant's consent to be bound by such changes, with continued provision of the use of the Services or Equipment, in whole or in part, constituting consideration from Sherpa Pay to the Merchant for so being bound. The Merchant's sole right with respect to any dissatisfaction with these Terms and Conditions, any policy or practice of Sherpa Pay in operating, offering or providing the Services or the Equipment, is to stop using the Services and the Equipment.
The following provisions in these Terms and Conditions will survive any termination of these Terms and Conditions or the expiration or termination of the Agreement: Section 4(Fees and Surcharges), Section 8 (Feedback; Marketing and Communications), Section 9 (Intellectual Property) Section 10 (Disclaimers; Limitation of Liability), Section 11 (Indemnification), Section 16 (Notices), Section 17 (Entire Agreement) Section 18 (No Waiver; Severability), Section 19 (Governing Law; Jurisdiction, Class Action Waiver), this Section 21, and Section 22 (Language).
It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
These terms govern the agreement between Sherpa Pay Inc. (including subsidiaries/affiliates, "Sherpa Pay") and the Merchant regarding the Sherpa Pay Fundraising/Pay Application services.
"Affiliate(s)" means any entity Controlling, Controlled by or under common Control with Sherpa Pay.
"Equipment" includes all hardware/software used for payment processing (PIN pads, NFC devices, kiosks, etc.).
"Payment Acquirer" refers to the bank/financial institution processing card payments.
"Website" means https://sherpapaysolutions.com/ and related pages.
Services include:
Initial Term: 1 year
Renewal: Automatic 6-month extensions unless 90-day non-renewal notice given
Termination by Sherpa Pay: Immediate for Merchant non-compliance or risk concerns
Termination by Merchant: $295 early termination fee per Equipment unit (waived for certain fee changes)
Transaction Fees: Apply to all processed transactions (approved/declined)
Monthly Minimum: If Equipment not rented, Merchant must meet minimum processing volume or pay fee
Other Fees: Includes:
Payment Method: Sherpa Pay may debit Merchant account via PAD (Pre-Authorized Debit)
Rental: Merchant rents Equipment at specified rates
Restocking: $500 fee if Equipment returned unaccepted
Damage: Merchant responsible for damage/theft while in possession
Swap Fee: Up to $798 for defective Equipment swaps
Merchant authorizes Sherpa Pay to share Merchant data with:
Merchant must:
Disclaimer: Services provided "as is" without warranties
Cap: Sherpa Pay's liability limited to Transaction Fees paid
Indemnification: Merchant indemnifies Sherpa Pay for:
Processing: Must comply with CRA guidelines for donations
Foundation: Sherpa Pay may transfer funds monthly and assess donee risk
Hosting: Merchant must maintain Equipment if hosting for third parties
Governing Law: Ontario, Canada
Amendments: Sherpa Pay may modify terms with notice
Notices: To Merchant at Application address, to Sherpa Pay via registered mail
Survival: Key terms remain after termination
Language: English version prevails
These are the terms and conditions of the Sherpa Pay's End-User License Agreement (this "EULA") which is entered into by Sherpa Pay Inc., including any subsidiaries or affiliates, its agent(s), partner(s), or other authorized representative(s) (collectively or individually, the "Developer" or "Sherpa Pay") and the merchant(s) (referred to herein as the "Merchant" or "you") whose information appears on the Sherpa Pay Fundraising Application or the Sherpa Pay Pay/Fundraising Application, as applicable (the "Application").
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with, a party to this Agreement. For purposes of this definition of "Affiliate", "control" means the power to direct the management and policies of an entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise.
"Authorized User(s)" means solely those individuals authorized to use the App pursuant to the license granted under this Agreement.
"Documentation" means any user manuals, technical manuals and any other materials provided by Developer, in printed, electronic or other form of media, that describe the installation, operation, use and/or technical specifications of the App.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade-mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
"Person" means an individual, corporation, partnership, joint venture, governmental authority, unincorporated organization, trust, association or other entity.
"Term" means the Term as set out in the Sherpa Pay Fundraising Application and/or the Sherpa Pay Pay/Fundraising Application, as applicable.
"Third-Party" means any Person other than the Developer or the Merchant.
2.1 The App provides Merchant's donors the ability to make a wireless donation to a Merchant. Through the App, donors will be able to select a campaign, donation amount and method of payment and upon completing a donation, will be prompted to rate their donation experience. Donors will be prompted to enter their email after donating and will be emailed a tax receipt. This email will also include a link to Sherpa Pay's Fundraising portal which will allow the donor to download a charitable receipt, if a charitable receipt is being provided by the Merchant.
2.2 Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license during the Term to use the App solely for your internal business purposes. This license does not grant you any rights to Developer's (or any other Third-Party's) Intellectual Property Rights unless provided with the App. Developer reserves to itself (or applicable third parties) all right, title, interest, and license (express or implied) to the App that are not specifically granted to you under this Agreement. You will preserve and display any proprietary notices, markings, or branding associated with use of the App, as requested by Sherpa Pay.
2.3 The App may update automatically from time-to-time, and you may be required to accept these updates to continue using the App. The Developer may perform maintenance on the App, which may result in service interruptions or delays from time-to-time. Developer may not support older versions of the App. You are solely responsible for obtaining all equipment and services (e.g., Internet connectivity and/or data) necessary to access and use the App.
3.1 You shall not, and shall require your Authorized Users not to, directly or indirectly:
(a) use (including make any copies of) the App or Documentation beyond the scope of the License granted under Section 2.2;
(b) provide any other Person, including any subcontractor, independent contractor, Affiliate or Service Provider of Merchant with access to or use of the App or the Documentation, except as permitted by this Agreement;
(c) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App or Documentation or any part thereof;
(d) combine the App or any part thereof, or incorporate the App or any part thereof, in any other programs;
(e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(f) remove, delete, alter or obscure any Intellectual Property Rights notices provided on or with the App or Documentation, including any copy thereof;
(g) copy the App or Documentation, in whole or in part;
(h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App, or any features or functionality of the App, to any Third-Party for any reason, whether or not over a network or on a hosted basis, including in connection with the Internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, SaaS, cloud or other technology or service; or
(i) use the App or the Documentation for purposes of competitive analysis of the App, the development of a competing software product or service or any other purpose that is to Merchant's commercial advantage.
4.1 You are responsible and liable for all uses of the App through access thereto provided by Sherpa Pay, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the App by your Authorized Users or by any other Person to whom you or an Authorized User may provide access to or use of the App, whether or not such access or use is permitted by or in violation of this Agreement.
4.2 In addition to its termination rights as set out in the Application, Sherpa Pay may promptly suspend or terminate your use of the App if: (i) you violate this Agreement's terms; (ii) Sherpa Pay believes your use of the App may damage its reputation or Intellectual Property Rights; (iii) Developer suspends or terminates its agreement(s) with any Third-Party involved in providing the App and/or any related services; and/or (iv) you are using the App for any fraudulent, illegal or unauthorized purpose, or engage in wilful misconduct with respect to your use of the App.
5.1 You will pay the Developer the fees as set out in the Application on the terms and conditions as set out therein. Sherpa Pay may charge you a monthly fee for your use of the App, which will be automatically collected through the payment method as set out in the Application.
9.1 This Agreement is binding upon the parties hereto and their respective heirs, executors, administrators, legal and/or personal representatives, successors, and assigns.
9.2 No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the parties. For avoidance of doubt, emails with a typed name or signature block do not constitute signed writings.
9.3 Sherpa Pay reserves the right to, from time to time, in Sherpa Pay's sole discretion, amend the terms and conditions of this Agreement, with the exception of any fee changes or the introduction of a new fee or cost structure, or the applicable interchange fees, for which Sherpa Pay shall provide a 90-day written notice prior to any change to such fees taking effect. Any amendments shall apply to existing and new Sherpa Pay Apps you utilize. It is your responsibility to review these online terms and conditions and your continued use of Sherpa Pay App(s) constitutes your agreement to the then-current amended and updated Agreement.
9.4 All notices to the Merchant will be provided to the Merchant at the mailing address or email address (at Sherpa Pay's discretion) set forth in the Application and will be deemed to have been provided on the date in which the notice was sent. All notices to Sherpa Pay required or permitted under the Agreement will be provided via registered mail to:
Sherpa Pay
191 German School Road
Paris, Ontario N3L 3E1
Attention: Compliance Officer
Email: compliance@Sherpa Pay.com
and will be deemed to have been given on the date of Sherpa Pay's receipt. Each party agrees to promptly notify the other party in writing if any of its contact information changes.
9.5 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any prior negotiations or agreements. The headings used in this agreement are for convenience only and are not to be construed as defining, limiting or describing the scope or intent of this Agreement. In the event of any conflict or inconsistency of any term or provision set forth in this EULA and the Application, such conflict or inconsistency shall be resolved by giving precedence first to the Application.
9.6 No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the parties. For avoidance of doubt, emails with a typed name or signature block do not constitute signed writings.
9.7 The failure of either party to exercise any rights under this Agreement shall not be deemed a waiver of such right or any other rights.
9.8 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be severed to the extent of its invalidity, illegality, or unenforceability, and all other provisions will continue in full force and effect to the extent permitted by law.
9.9 This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein, excluding any body of law governing conflicts of law. Sherpa Pay reserves the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of competent jurisdiction, for claims regarding: (i) amounts owed by the Merchant to Sherpa Pay in connection with the Merchant's use of the App or Documentation or any portion thereof; or (ii) the Merchant's actual or threatened violation of this Agreement or any part thereof. The Merchant irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and irrevocably consents and attorns to the jurisdiction of the courts located in the Province of Ontario, for any claims arising from or related to this Agreement or any of the Services or the Equipment. The Merchant agrees that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute will not be resolved by jury trial, and the Merchant hereby: (i) waives all rights to a trial by jury in any matter related to or arising from this Agreement; and (ii) agrees that such dispute will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. If any part of this Section 9.8 is found to be unenforceable, the remainder of this Section 9.8 will still be given full force and effect.
9.10 Sherpa Pay reserves the right at any time, and from time to time, to change this EULA and to notify you of such change by posting the updated version of this EULA on its website located at www.Sherpa Pay.com. You acknowledge and agree that you are responsible for regularly reviewing this EULA, including by checking the date of the "Last Updated" at the beginning of this EULA. Continued use of the App after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the App, in whole or in part, constituting consideration from Sherpa Pay to the Merchant for so being bound. Your sole right with respect to any dissatisfaction with this EULA, this Agreement, any policy or practice of Sherpa Pay in operating, offering or providing the App, is to stop using the App.
9.11 It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Sherpa Pay Inc., including any subsidiaries or affiliates, its agent(s), partner(s), or other authorized representative(s) (collectively or individually "Sherpa Pay"), is committed to the full inclusion of people with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act 2005, including the requirements of all applicable regulations (collectively, the "AODA"). This Accessible Customer Service Policy (this "Policy"), outlines Sherpa Pay's actions to comply with the AODA and to identify, remove and prevent barriers for people with disabilities (both visible and non-visible) in accessing Sherpa Pay's products, services and facilities.
For your convenience, we have provided a glossary of definitions at the end of this Policy.
Sherpa Pay is committed to excellence in serving all customers, including those customers with disabilities. Sherpa Pay is committed to providing its goods and services in a way that respects the privacy, dignity and independence of persons with disabilities and ensuring that customers with disabilities receive the same quality as service as others do.
Sherpa Pay recognizes that persons with disabilities may use or require communication supports when accessing Sherpa Pay's products, services and/or facilities. Sherpa Pay is committed to ensuring that its employees will communicate with persons with disabilities in a manner that takes into account their disability.
Accessible formats will be provided to persons with disabilities, when applicable, on request, and when such accommodation will not cause undue hardship to Sherpa Pay.
Sherpa Pay is committed to ensuring that persons with disabilities who use assistive devices receive equal access to Sherpa Pay's products, services and/or facilities. Sherpa Pay will endeavour to ensure that its employees are familiar with various assistive devices that may be used by customers with disabilities when accessing Sherpa Pay's products, services and/or facilities.
Sherpa Pay welcomes persons with disabilities and their service animals and permits service animals on the parts of Sherpa Pay's premises that are open to the public. Sherpa Pay will ensure that all employees dealing with the public are familiar with how to interact with persons with disabilities who are accompanied by service animals.
Sherpa Pay is also committed to welcoming persons with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed on Sherpa Pay's premises with his or her support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to his or her support person while on our premises.
In the event of temporary disruptions to services and/or facilities for persons with disabilities, Sherpa Pay will promptly provide notice to customers. Notices may be provided by email to customers, and/or posted on Sherpa Pay's website (www.Sherpa Pay.com) and/or posted at Sherpa Pay's office, located at 3200 Wonderland Road South, London, Ontario, N6L 1A6. Notices will include information about the reason for the disruption, its anticipated length of time, and information of alternative facilities or services, if available. Sherpa Pay will make reasonable efforts to provide prior notice of planned disruptions, if possible.
Sherpa Pay is committed to providing training to all employees who deal with the public and all those who are involved in the development and approvals of customer service policies, practices and procedures.
Training will include, without limitation:
Sherpa Pay will keep records of the training provided under this section, including the dates on which the training is provided and to whom such training is provided.
Policies, procedures and practices with respect to accessibility, including this Accessible Customer Service Policy and those required under the AODA (our "Policies") shall be made available in hard copy or can be found on Sherpa Pay's website (www.Sherpa Pay.com) Copies of our Policies will also be made available in an accessible format, and with communication supports where necessary, upon request.
Feedback will be accepted in person, by telephone, in writing or by email. If a feedback method is not suitable, a customer may request another method for communication. Sherpa Pay will respect the privacy of all individuals that submit feedback, and feedback will be reviewed for possible action that can be taken to improve Sherpa Pay's services.
For more information on this accessibility plan, please contact Sherpa Pay's Customer Service team at:
Phone: 1 (888) 900-9192
Fax: 1 (888) 630-4539
Email: support@Sherpa Pay.com
Accessible formats of this document are available free, upon request.
For legal/compliance related inquiries, please email Sherpa Pay's Compliance Officer at compliance@Sherpa Pay.com
Sherpa Pay will comply with all applicable federal, provincial and municipal legislation with respect to accessibility and will implement the standards specified under the AODA in effect from time to time. Whenever new or revised standards are developed under the AODA, this Policy will be reviewed and updated to the extent necessary to ensure consistency with legislation.
Sherpa Pay shall have full discretionary authority to administer and interpret this policy. We reserve the right to modify, amend, suspend or terminate this Policy at any time, in its sole discretion, provided that such modification, amendment, suspension or termination is permitted under applicable legislation.
"accessible formats" include, without limitation, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities.
"assistive devices" means a technical aide, communication device or other instrument that is used to maintain or improve the functional abilities of people with disabilities. Assistive devices may include, without limitation, wheelchairs, walkers, a personal oxygen tank or any other device that might assist in hearing, seeing, communicating, moving, breathing and/or reading.
"barrier" means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice.
"communication supports" include, without limitation, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications.
"disability" means:
"service animals" for the purpose of this policy means:
For certainty, a service animal does not include a therapy animal (i.e. an animal trained to provide affection and comfort, but is not trained to perform specific tasks to help a person who has a disability).
"support person" means another person who accompanies a person with a disability in order to aide him or her with communication, mobility, personal care or medical needs or with access to goods and/or services.
Sherpa Pay Inc., including any subsidiaries or affiliates, its agent(s), partner(s), or other authorized representative(s) (collectively or individually "Sherpa Pay"), is committed to treating all people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by identifying, preventing and removing barriers to accessibility and meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act 2005, including the requirements of all applicable regulations (collectively, the "AODA").
This Multi-Year Accessibility Plan (this "Plan"), outlines Sherpa Pay's strategies and actions to identify, remove and prevent barriers for people with disabilities in accessing Sherpa Pay's products, services and facilities. Sherpa Pay will review and update this Plan at least once every 5 years, in accordance with applicable legislation.
Sherpa Pay is committed to meeting the communication needs of people with disabilities. Consumer-based websites and web content controlled by Sherpa Pay confirm to the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 (WCAG 2.0) at Level A.
By January 1, 2021, Sherpa Pay will ensure that all websites and content conform to the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA.
Implementation Deadline:
WCAG 2.0 Level AA by January 1, 2021
Status:
In progress.
Sherpa Pay is committed to fair and accessible employment practices. When requested, Sherpa Pay accommodates people with disabilities during the recruitment and assessment processes and when people are hired. In addition, Sherpa Pay has ensured that the following procedures are in place during the recruitment, assessment and selection process:
Additionally, Sherpa Pay consults any candidate who requests an accommodation in a manner that considers the candidate's disability and individual needs.
If requested by an employee with a disability, Sherpa Pay will provide, or will arrange for the provision of accessible formats and communication supports for: (i) information needed by the employee in order to perform his/her job; and (ii) information that is generally available to all Sherpa Pay employees. Additionally, Sherpa Pay will ensure that any accessibility barriers identified by an employee will be brought to the attention of management for appropriate review to ensure resolution, where possible.
Sherpa Pay has implemented individual accommodation plans and return-to-work and redeployment policies for employees that have been absent due to a disability.
Additionally:
Sherpa Pay also ensures that the accessibility needs of employees with disabilities are considered during performance management, career development and redeployment processes. The Senior Human Resources Manager will provide accessible formats of performance management documents, as required and any discussions relating to the performance of an employee with a disability will be conducted in an accessible manner, when needed. The Senior Human Resources Manager also ensures that the needs of employees with disabilities are met during any career development process.
Sherpa Pay also has a return to work process for its employees who have been absent from work due to a disability and who require disability-related accommodations to return to work. Documented individual accommodation plans outlining the steps Sherpa Pay will take to facilitate the employee's return to work are incorporated as part of the return to work process.
If Sherpa Pay reassigns employees to other departments or jobs within the organization as an alternative to layoff (a "redeployment"), Sherpa Pay considers the individual accommodation plans and accessibility needs of its employees with disabilities.
Sherpa Pay is committed to providing customers with publicly available emergency information in accessible formats, when applicable and upon request. Additionally, employees with disabilities are provided with individualized emergency response plans when necessary.
Sherpa Pay provides training to its employees on the AODA on a regular basis. Training is provided in a way that best suits the duties of employees and training is also provided in accessible formats to employees with disabilities. Sherpa Pay retains records of all such training.
Where applicable, Sherpa Pay will meet the Accessibility Standards for the Design of Public Spaces when building or making major modifications to public spaces. For clarity, public spaces include service-related elements like service counters and waiting areas.
Implementation Timeframe:
January 1, 2014 – January 1, 2021
Status:
In progress, as applicable.
Sherpa Pay will comply with all applicable federal, provincial and municipal legislation with respect to accessibility and will implement the standards specified under the AODA in effect from time to time. Whenever new or revised standards are developed under the AODA, this Plan will be reviewed and updated to the extent necessary to ensure consistency with legislation.
For more information, or for questions about this Plan, please contact Sherpa Pay's Compliance Officer at:
Phone: 1 (888) 900-9192
Email: compliance@Sherpa Pay.com
Accessible formats of this document are available free, upon request.
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