Electronic Communications Consent

RapidCents delivers your statements, notices and disclosures, any tax document it issues or files about your account, and any change to your Services Agreement, electronically — through the RapidCents Dashboard and to the email address on your account — rather than on paper. This document is the consent that permits that and the disclosure that has to accompany it: what is delivered and by which channel, when a notice counts as received, what you need in order to open and keep it, how to obtain a paper copy, how to withdraw this consent, and what withdrawing it does to your account. It is written for merchants in Canada and in the United States, and it says which law applies where rather than leaving one reader to assume the other’s rules apply to them.

Part 1 — Consent and legal basis

1. What you are consenting to

You are agreeing that RapidCents can give you your statements, notices, disclosures, tax documents and changes to your agreement through your Dashboard and by email instead of on paper. You can ask for paper at any time, and you can take this consent back.

This document records your consent to receive electronically the statements, notices, disclosures, tax documents and amendments that RapidCents Inc. (“RapidCents”) is required or entitled to give you in connection with your RapidCents Account and the RapidCents Services Agreement (the “Services Agreement”). It also sets out what you need in order to receive and keep those documents, how to ask for one on paper, and how to withdraw this consent.

It applies to the merchant that holds the RapidCents Account and to every individual the merchant authorizes to use that account. Clause B.1.2 of the Services Agreement makes the merchant responsible for all activity under its account, which means a document delivered to the account or to the email address on file has been delivered to the merchant, whoever opens it.

Apart from the consent itself and the undertakings you give in clauses 4 and 9, nothing in this document creates an obligation the Services Agreement does not already impose, and nothing in it removes one. Clause 18 explains how the two fit together.

2. The legal basis in Canada

In Canada, an electronic document counts as writing, and nobody can be made to accept documents electronically without agreeing to it first. That agreement is what this page records.

If you are a merchant in Canada, the legal effect of an electronic document is governed by federal and provincial electronic-commerce legislation. Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA) provides the framework under which a requirement, in the federal legislation it lists, to provide a document in writing may be satisfied by an electronic document. At the provincial level, the electronic-commerce statutes enacted from the Uniform Electronic Commerce Act — including Ontario’s Electronic Commerce Act, 2000, the law of the province in which RapidCents is established — provide that information is not invalid or unenforceable by reason only of being in electronic form, and that a legal requirement for information to be in writing is satisfied where the electronic information is accessible so as to be usable for subsequent reference. In Quebec, the Act to establish a legal framework for information technology performs the equivalent function.

That legislation also provides that a person is not required to use or accept information in electronic form without consent, and that consent may in some circumstances be inferred from a person’s conduct. RapidCents does not rely on inference alone. It asks for this consent, records it under clause 15, and tells you how to take it back under clause 13, so that the basis on which your statements and notices are delivered is a documented agreement rather than something read into your behaviour.

PIPEDA also governs the personal information involved in delivering these communications — the email address on file, the record of your consent, the record of what was sent and when. How that information is handled is set out in the Privacy Policy. Where a province has substantially similar legislation, being Quebec, Alberta and British Columbia, that legislation applies to activity within it: the Personal Information Protection Act in Alberta and in British Columbia, and in Quebec the Act respecting the protection of personal information in the private sector, as amended by Law 25.

This document, the Services Agreement and the Privacy Policy are published in English and in Canadian French at rapidcents.com.

3. The legal basis in the United States

In the United States a different pair of laws applies — ESIGN and your state’s version of UETA. ESIGN sets out a specific list of things you have to be told before an electronic consent counts for anything. Clauses 5 through 14 are that list.

If you are a merchant in the United States, the law that gives an electronic record and an electronic signature the same effect as paper and ink is the Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. § 7001 and following, together with the Uniform Electronic Transactions Act (UETA) as enacted in your state. UETA has been adopted in substantially uniform form in nearly every state; New York gives effect to electronic records and signatures under its own legislation instead. PIPEDA and the provincial electronic-commerce statutes described in clause 2 are Canadian law and do not govern a United States merchant.

ESIGN imposes specific disclosure requirements before a consent to electronic delivery is effective, where what is delivered is information a statute requires to be given in writing to a consumer. It requires that you be told of any right to have the record on paper and of the right to withdraw consent; of any conditions, consequences or fees attached to withdrawing; of whether the consent covers only a single transaction or a category of records; of the procedure for withdrawing consent and for updating your contact information; of how to obtain a paper copy and whether a fee applies to it; and of the hardware and software you need in order to access and retain the records. It also requires that consent be given, or confirmed, electronically in a way that reasonably demonstrates you can access the records in the form in which they will be provided, and that you be notified and given a fee-free right to withdraw if those hardware or software requirements later change in a way that creates a material risk you cannot access or retain what is sent.

A RapidCents Account is a business account, and a merchant using it in the course of its business is generally not a “consumer” for the purposes of that provision, so those consumer-consent requirements do not necessarily attach to these communications as a matter of law. RapidCents gives the disclosures anyway rather than working out first whether it has to. Clause 5 states the categories covered, clause 6 the delivery channels, clause 9 how to keep your contact information current, clause 10 the hardware and software you need, clause 11 what happens if those requirements change, clause 12 how to obtain a paper copy and what it costs, and clauses 13 and 14 how to withdraw and what withdrawal does. Consent is taken electronically, in the registration flow — the electronic acceptance on which clause A.1 makes the Services Agreement effective — and so in the same medium in which the documents will be delivered.

ESIGN also provides that an electronic record satisfies a record-retention requirement where it accurately reflects the information and remains accessible to those entitled to it for the period required. The record-keeping obligations clause H.4 of the Services Agreement places on you may be met with electronic records on that basis. Meeting them remains yours to do, and clause 10 explains why keeping your own copy still matters.

4. Electronic acceptance and electronic signatures

Clicking to accept counts as signing. You cannot later argue that an agreement, an amendment or an authorization is invalid only because it was electronic.

Clause A.1 of the Services Agreement provides that the Agreement becomes effective on the date you electronically indicate your acceptance during registration, and clause F.1.1 provides that it commences on the date you electronically accept it or otherwise indicate your acceptance. Clause F.12 records that by electronically accepting the Agreement, or by using the Services, you acknowledge that you have read and understood it and agree to be bound by it.

You agree that an electronic acceptance, an electronic signature, a click, a tick, a typed name or another action taken through the Dashboard or a RapidCents form, where it is intended to signify agreement, has the same legal effect as a handwritten signature on paper, and that a record kept electronically has the same effect as an original document. You will not contest the validity, enforceability or admissibility of the Services Agreement, an amendment to it, an authorization, a consent or any other record on the ground alone that it is in electronic form or bears an electronic signature.

This clause is about form, not about substance. It does not enlarge what you have agreed to, and it does not make an electronic record binding on you where a paper one in the same terms would not be.

Part 2 — What is delivered, and how

5. The documents covered by this consent

Everything to do with your account and your agreement: statements, fee disclosures, amendments, notices, record requests, complaint correspondence, tax documents and privacy notices. Not advertising — that is clause 16.

This consent covers the following, in each case whether RapidCents is required to give it to you or chooses to:

• The Services Agreement itself, the Information Summary Box, the Fee Disclosure Box at clause A.11, the Other Fees disclosure at clause A.12, and any Fee Schedule they refer to.
• Amendments to the Services Agreement and revised versions of it posted under clause F.2, together with the notice that accompanies them.
• Notice of a new fee, an increase to an existing fee other than one made in accordance with a pre-determined fee schedule the Services Agreement or the Fee Schedule already references, a failure to pass through an interchange cost reduction, or a material adverse change to the terms — each of which carries the right under clause A.3 to cancel without penalty.
• Statements, settlement reports and account activity records made available under clause A.10, and the corrections to them contemplated by clause H.5.
• Notices given under clause F.3, including notice of a suspension under clause B.5 — which that clause permits RapidCents to impose without prior notice, so the notice may follow the suspension rather than precede it — of termination or non-renewal under clause F.1, of a Reserve under clause C.7, and of a Chargeback or a debit to your account under clause C.4.
• Requests for records, documents and information under clauses F.7 and H.4, and notice of an audit or examination under clause H.4.
• Correspondence in the complaint-handling procedure at clause A.6, at each of its three steps.
• Requests for the tax identification information clause H.2 requires you to provide — a business number, a GST/HST or QST registration number, a United States taxpayer identification number, or a certification or exemption certificate required by law — notice of a withholding from settlement funds under that clause, and a copy of any information return or report RapidCents files about you or your Transactions with a tax authority, where it files one and makes a copy available. Clause H.2 provides that RapidCents may file such returns where it is required or permitted to. It does not undertake to file any, and it does not determine, calculate, collect, report or remit your taxes.
• Notices about your personal information, including a change to the Privacy Policy and the notification of a confidentiality incident that policy provides for.
• Notices about security, PCI DSS validation and the Network Rules, including anything RapidCents, the Acquirer or an Association requires to be passed on to you.
• Anything else the Services Agreement, this document or applicable law requires or permits RapidCents to give you in writing, and the records supporting any of the above.

This consent is not limited to a single document or a single transaction. It covers the categories above for as long as your RapidCents Account is open and, for a document relating to a period before the account closed, afterwards.

It does not cover marketing. Clause 16 explains why that is a separate consent under a separate law, and why acting on one has no effect on the other.

6. The channels: your Dashboard and the email address on file

There are two electronic channels: the RapidCents Dashboard, which you reach by logging in to your RapidCents Account from the RapidCents website, and the email address recorded in your account information. Clause F.3 of the Services Agreement permits RapidCents to give you a notice through the Dashboard, by email to the address associated with your account, or by mail to the physical address in your account information. Which channel is used depends on the document; the table below sets out the usual route for each category in clause 5.

A notice travelling the other way is unchanged by this consent. Clause F.3 requires a notice to RapidCents to be in writing and sent either by email to [email protected] or by mail, return receipt requested, to RapidCents Inc., Attention: Legal Department, 515 Consumers Road, Unit 210, North York, Ontario, M2J 4Z2. A notice to RapidCents is effective when it is received, not when it is sent — the opposite of the rule in clause 7 that applies to notices sent to you.

Delivery channel by document type

Document	Usual channel	Clause
Statements, settlement reports and account activity	Posted in the RapidCents Dashboard	A.10, H.5
Amendments and revised versions of the Services Agreement	Revised version posted on the RapidCents website, with notice through the Dashboard or by email	F.2
A new fee, a fee increase, or a material adverse change	Dashboard or email, carrying the 90-day cancellation right	A.3, A.11, A.12
Notice of suspension, termination, a Reserve or a Chargeback	Dashboard, email to the address on file, or mail to the address in your account	B.5, C.4, C.7, F.1, F.3
Requests for records, documents and information	Dashboard or email	F.7, H.4
Complaint correspondence	Email, or a reply on the support ticket you raised at help.rapidcents.com	A.6
Tax information requests, and any tax document RapidCents makes available	Dashboard or email, where RapidCents makes them available	H.2
Privacy changes and confidentiality incident notices	Email or the Dashboard	Privacy Policy

Mail to the physical address in your account information remains available for any notice under clause F.3, and is the route RapidCents uses after you withdraw this consent under clause 13.

7. When an electronic communication is treated as received

A notice counts as delivered the moment RapidCents sends it or posts it — not when you read it. A statement counts as available the moment it appears in your Dashboard, whether or not you open it.

Clause F.3 of the Services Agreement provides that a notice to you is deemed effective when sent or posted. A notice posted in the Dashboard is effective when it is posted; an email is effective when it is sent to the address in your account information. Whether you open it, read it, or see it at all does not change when it took effect.

Clause H.5 states the same rule for statements: a statement, settlement report or account activity record is made available to you when RapidCents posts it in the Dashboard, whether or not you open it.

The practical consequence is that the periods in clause 8 begin to run on delivery, not on discovery. An email that reaches a mailbox nobody monitors, or a Dashboard that nobody logs into for a month, has still been delivered. This is the most consequential rule in this document, which is why it is stated on its own rather than folded into a longer clause.

RapidCents may, but is not obliged to, use more than one channel for the same communication. Where it does, delivery is effective on the earliest of them.

8. Deadlines that run from the moment of delivery

Six deadlines in your agreement start the moment something is sent or posted. Sixty days to dispute a statement, thirty for a missing payout, ninety to cancel over a fee change, five to produce records. Miss one and the right goes.

Several obligations in the Services Agreement are timed from the moment a document is delivered or made available. Because delivery is electronic and effective on sending or posting under clause 7, these periods start whether or not the document has been opened. They are collected here so they can be seen together; the operative text is in the clause named in the last column, and that text governs.

What starts the clock, and how long you have

What is delivered	What you must do	Period	Clause
A statement, settlement report or account activity record posted in the Dashboard	Give written notice of an error, omission, unauthorized entry, incorrect fee or rate, or other discrepancy, identifying the entry, the amount and the basis of the objection	60 days after it is made available	H.5
A payout that does not reach your Payout Account	Give written notice that it was not received	30 days after the date it was scheduled to be made	H.5
Notice of a new fee, a fee increase other than one made under a pre-determined fee schedule the Agreement already references, a failure to pass through an interchange reduction, or a material adverse change	Give written notice if you are cancelling without penalty, and complete and return the account closure form	90 days after receiving the notice	A.3
A request for records, documents or information	Produce them in a usable format	5 days after the request, or sooner where the Network Rules or a retrieval or representment deadline require	F.7, H.4
An event you must report — ownership, insolvency, business type, URLs, licences, regulatory action, officers	Notify RapidCents in writing	At least 10 days before the event where it is foreseeable; within 5 days of becoming aware in every other case	H.1
A revised version of the Services Agreement posted under F.2	Continued use after the effective date is acceptance; if you do not agree, terminate and stop using the Services	From the time it is posted, or as the notice states	F.2

Missing one of these periods because an email was filtered, an address was out of date or nobody logged in does not extend it. Clause 9 is the obligation that prevents that, and clause H.5 provides that a statement not objected to within its period is conclusively treated as complete, accurate and accepted.

9. Keeping your email address and account contacts current

Keep a working, watched email address on file and update it the day it changes. If we cannot reach you, the notice still counts as delivered.

Clause B.1.1 of the Services Agreement requires you to provide accurate, current and complete information during registration and to keep your account information updated. For the purposes of this consent, that obligation includes the email address to which notices are sent and the individuals who have access to the Dashboard.

You will therefore:

• Keep at least one email address on file that is monitored by a person able to act on what arrives.
• Update that address as soon as it changes, by telling Support at [email protected] or through the contact page at /contact — and, where RapidCents makes a facility for it available in the Dashboard, through that facility as well. Clause H.1 of the Services Agreement is drawn the same way for the changes it lists: notice is given in the manner set out in clause F.3, and through a Dashboard reporting facility where one is available.
• Configure your mail system so that email from RapidCents is not blocked, quarantined or filtered out of sight.
• Keep Dashboard access current as staff join and leave, which clause B.1.2 makes your responsibility and which the Security page lists among the ordinary sources of a merchant-side incident.

Clause H.1(i) requires you to notify RapidCents of a change to your legal name, registered address, principal place of business, directors, officers, beneficial owners and signing authorities, on the timing set out in that clause. A change in who is authorized to receive notices for you will usually be one of those events; where it is not, tell RapidCents anyway.

If an email to the address on file is returned undelivered, RapidCents may continue to post the communication in the Dashboard, where it is effective when posted under clause F.3, and may use the physical address in your account information. A failure of delivery caused by an address that is out of date, a mailbox that is full, or a filter you control does not postpone the effect of the notice and does not extend a period in clause 8.

Part 3 — Access, retention and paper copies

10. What you need in order to receive, view and keep these documents

An internet connection, a current browser, a working email account you control, your login, and somewhere to save or print what arrives. If you cannot open something we sent, tell us and we will get it to you another way.

To receive, view and retain the documents in clause 5, you need at least the following:

• A device with an active internet connection.
• A web browser at a version its own maker still supports with security updates, able to negotiate a TLS 1.2 connection or better. That figure is not chosen for this page: the Security Statement records that RapidCents requires TLS version 1.2 to its servers and that SSLv3, TLS 1.0 and TLS 1.1 are deactivated, so a browser or device that can only negotiate one of those will not connect at all.
• That browser, set to allow the cookies and browser storage your RapidCents Account sign-in needs in order to keep you signed in, including the strictly necessary items described in the Cookie Policy, which hold your language, your country and your appearance settings.
• Valid credentials for your RapidCents Account, with multi-factor authentication enabled as the Security page requires, and the ability to complete that authentication.
• An email account you control at the address on file, able to receive email from RapidCents at the volume your account generates.
• Software able to display the formats in which the documents are presented — a web page in the Dashboard and, where a document is offered as a download, a reader for the format it is offered in.
• The ability to keep what you receive: storage on a device you control sufficient to save a copy, or a printer, or both. This is the retention half of the requirement, and it is the half that is easiest to overlook — a document you can open today but cannot save is not a document you have kept.

RapidCents names no particular browser and no minimum version number in this document. A version number pinned in a legal page goes stale and then misleads, and the requirement that actually governs is functional rather than numeric: whether the equipment you have can open a document in clause 5, display it, and let you keep a copy of it. The one figure stated above is the TLS floor, and it is stated because it is a condition of connecting that the Security Statement already fixes rather than a preference expressed here. The list above states the requirements as they stand at the revision date at the head of this page; clause 11 governs what happens if they change. If a document in clause 5 will not open, will not display, or will not save on the equipment you have, tell Support — through the contact page at /contact, at [email protected], or by telephone at +1-844-957-2743 in Canada or +1-202-902-6226 in the United States — and RapidCents will provide it in another format or on paper under clause 12. You do not have to withdraw your consent in order to get help with access.

Keeping your own copy matters. RapidCents retains records for the periods described in the Privacy Policy, and clause H.4 separately requires you to keep your own records for the longer of the period applicable law and the Network Rules require and twenty-four months after the date of the Transaction or of the record. A document you can see in the Dashboard today is not a substitute for a copy you control.

11. If the access requirements change

If the hardware or software needed to access or retain the documents in clause 5 changes in a way that creates a material risk you will no longer be able to access or retain them, RapidCents will give you notice of the change through the channels in clause 6, describing the revised requirement.

That notice will state your right to withdraw this consent under clause 13, and a withdrawal made in response to such a change carries no fee, no penalty and no condition. This is the treatment ESIGN requires where its consumer-consent provision applies, and RapidCents applies it to every merchant rather than first working out whether the provision attaches.

A change that does not create that risk — a routine browser update, a change to the layout of a page, a new Dashboard screen — is not a change of this kind and is not notified under this clause.

12. Requesting a paper copy

Ask and we will post it to you. Nothing is charged for it, and asking for paper does not cancel your consent.

You may ask for a paper copy of any document in clause 5, at any time, for as long as RapidCents holds it. Ask Support through the contact page at /contact, by email at [email protected], by a ticket at help.rapidcents.com, or by telephone at +1-844-957-2743 in Canada or +1-202-902-6226 in the United States. You may also write to RapidCents Inc., Attention: Legal Department, 515 Consumers Road, Unit 210, North York, Ontario, M2J 4Z2, Canada. Tell RapidCents which document you need, the period it covers, and the address to send it to if that is not the one in your account information.

RapidCents charges no fee for a paper copy. That is an undertaking given here, and the fee disclosures corroborate it rather than stand in place of it: no charge for paper appears in the Fee Disclosure Box at clause A.11 or in the Other Fees disclosure at clause A.12. Those two clauses are not the whole of what RapidCents charges, and this document does not treat them as though they were — clause A.11 provides in terms that additional fees may apply for specific services, for international transactions or in certain circumstances as detailed in the Other Fees disclosure or in the full Fee Schedule, and that card-present pricing is provided separately. What they establish is that no paper-copy fee is disclosed in either of them. A fee not previously disclosed in the Fee Schedule could not simply appear either: introducing one is the first of the circumstances in which clause A.3 gives you ninety (90) days to cancel the Services Agreement without penalty. That is a right of exit rather than a prohibition, and it is stated that way because that is what clause A.3 does. There is no early termination fee and no cancellation penalty in any event: clause A.4 says so, and clause F.1.2 repeats it.

Requesting a paper copy is not a withdrawal of this consent and does not change how future documents are delivered. Withdrawal is dealt with in clause 13 and has to be asked for separately.

Part 4 — Withdrawing your consent

13. How to withdraw your consent

Write to us and say you are withdrawing it. Give your Merchant ID, your business name and a postal address. There is no fee and no reason required.

You may withdraw this consent at any time and for any reason. You are not asked to give a reason and you are not asked to justify it.

Withdraw it in writing, in any of these ways: by email to [email protected], the address clause F.3 designates for notices to RapidCents; by email to [email protected] or through the contact page at /contact; or by mail, return receipt requested, to RapidCents Inc., Attention: Legal Department, 515 Consumers Road, Unit 210, North York, Ontario, M2J 4Z2, Canada. In the United States, mail may be addressed to RapidCents at 43300 Southern Walk Plaza, #166, Ashburn, Virginia 20148, and Support reached at +1-202-902-6226.

Say that you are withdrawing your consent to electronic delivery, identify the RapidCents Account by its Merchant ID and registered business name, and give the postal address to which documents should be sent. Send it to one of the addresses in the paragraph above, and note what each gets you: a withdrawal sent by email to [email protected], or by mail with return receipt requested to the Legal Department address, is a notice under clause F.3, and that clause provides that a notice to RapidCents is effective when it is received rather than when it is sent. Choosing a route that gives you proof of receipt is therefore worth doing.

This consent is a consent to the delivery of the documents listed in clause 5. Withdrawing it is not a withdrawal of any consent given under the Privacy Policy: a consent to the collection, use or disclosure of personal information is withdrawn under section 8 of that policy, by writing to the Privacy Officer at the address in section 12 of it, and that is a separate request with a separate effect on your account.

A withdrawal takes effect once RapidCents has received it and has had a reasonable period to give effect to it, and it takes effect on that basis whether or not an acknowledgement has reached you. It is not retroactive: a communication sent or posted before it takes effect remains effective under clause F.3. Clause 14 sets out what else it changes and what it does not.

RapidCents charges no fee for withdrawing this consent, and none for the paper delivery that follows it. Both are undertakings given here on the same footing as clause 12, and neither charge appears in the Fee Disclosure Box at clause A.11 or in the Other Fees disclosure at clause A.12. Withdrawing this consent is not a breach of the Services Agreement and is not a ground on which RapidCents suspends or terminates an account.

14. What withdrawal changes, and what it does not

After you withdraw, notices go to you by post. Your account stays open, your Dashboard still works, your transaction detail still lives there, and nothing costs anything. Deadlines that already started keep running.

A withdrawal is prospective. It changes the route by which RapidCents sends you things in future. It does not undo anything that has already happened, and it does not by itself end anything. After a withdrawal takes effect:

• RapidCents will give notices under clause F.3 by mail to the physical address in your account information, which that clause already permits.
• Your RapidCents Account stays open. Withdrawing this consent is not a termination notice. If you also want to close the account, clause F.1.2 tells you how, and clause A.4 confirms that RapidCents charges no early termination fee and imposes no cancellation penalty of any kind.
• Your access to the Dashboard is unaffected. Withdrawing consent to electronic delivery does not remove the Dashboard, the gateway, the virtual terminal or the APIs, which are the Services themselves rather than a channel for delivering documents.
• Clause A.10 is unaffected. Transaction detail — processed payments, fees, refunds, chargebacks and settlement amounts — continues to be made available electronically through the Dashboard, because that is where the Services Agreement puts it. Where you want that detail on paper, clause 12 applies and you may ask for it as often as you need it.
• A document already delivered stays delivered, an amendment already effective under clause F.2 stays effective, and a Transaction already authorized or settled is unaffected.
• A period in clause 8 that has already begun keeps running. Withdrawal does not restart the sixty days at clause H.5, the thirty days for a payout, the ninety days at clause A.3, or any other deadline.
• Nothing is charged for the withdrawal, for the paper delivery that follows it, or for reinstating electronic delivery if you later ask for it. None of the three appears in the fee disclosures at clauses A.11 and A.12, which is where clause 12 explains that answer comes from.

There is one honest limit. Parts of the Services are electronic by their nature and cannot be delivered on paper — an API response, a Dashboard screen, a real-time authorization result. Where a document in clause 5 cannot practicably be provided other than electronically, RapidCents will tell you which document it is and what the alternative is, rather than failing quietly. That is the same undertaking the Privacy Policy gives where a withdrawn consent affects part of the service.

You may give this consent again at any time, by the same written routes as in clause 13 — and, where RapidCents makes a control for it available in the Dashboard, through that control as well. The written routes are the ones that always work; they are the routes clause F.3 designates, and they do not depend on a screen existing.

Part 5 — Records, scope and changes

15. How your consent is recorded

Consent to this document is given electronically — by accepting it in the registration flow, in the same medium in which the documents will be delivered. That is what ESIGN requires where its consumer-consent provision applies, and what the Canadian electronic-commerce legislation described in clause 2 permits.

RapidCents keeps a record of that consent. What it has to establish is that the consent was given, which RapidCents Account it was given for, and when — because those are the facts that make an electronic consent provable, and a consent that cannot be proved is one RapidCents cannot rely on. Which version of this document was in force when you gave it is a question about a date rather than about a stored field: the effective date and the date last revised both appear at the head of this page, and clause 18 keeps them apart because the text can be corrected without the substance of the consent changing. Those two dates identify the version now in force. An earlier version is obtained the way any archived RapidCents legal document is — by writing to RapidCents Inc., 515 Consumers Road, Unit 210, North York, Ontario, M2J 4Z2 and asking for it. A withdrawal under clause 13 is recorded on the same footing.

That record forms part of the account record and is handled under the Privacy Policy, which sets retention by category rather than by a single period: onboarding records are retained for the period Canadian anti-money-laundering legislation requires of a reporting entity, running from the end of the business relationship, and a record of a preference or an opt-out is retained for as long as it must be honoured. Clause H.4 separately requires records supporting a Transaction to be retrievable and producible.

You may ask for the record of your consent, or of your withdrawal, at any time. It is personal information about you, so section 8 of the Privacy Policy governs the request and fixes what happens to it: write to the Privacy Officer at the address in section 12 of that policy, and RapidCents confirms receipt, answers within thirty (30) days or says why more time is needed and when to expect an answer, and charges nothing for a reasonable request. Support at [email protected] will route a request that arrives there. A copy on paper is available under clause 12.

16. Marketing messages are a separate consent

This page is about statements and notices, not advertising. Unsubscribing from marketing does not stop your statements, and withdrawing this consent does not unsubscribe you from marketing.

This consent covers the documents in clause 5. It is not consent to receive marketing and is not relied on as such.

In Canada, a commercial electronic message sent to encourage participation in a commercial activity is governed by Canada’s Anti-Spam Legislation, which requires a consent of its own. That consent requirement is not engaged by a message that does no more than provide information about, or give effect to, an ongoing account, subscription or transaction the recipient has already entered into — which is what a statement, a fee disclosure, a notice of suspension or a request for records is. The Privacy Policy sets out how RapidCents sends marketing under that legislation: every marketing email identifies RapidCents, gives a mailing address, and carries an unsubscribe mechanism that works for at least sixty days.

In the United States the equivalent statute is the CAN-SPAM Act, which draws the line differently but to the same effect: it distinguishes a commercial electronic mail message, whose primary purpose is advertising or promotion, from a transactional or relationship message, which includes one providing information about an ongoing commercial relationship or delivering goods or services the recipient is already entitled to receive. The documents in clause 5 fall on the transactional side of that line.

The two consents move independently. Unsubscribing from marketing never affects service messages about your account, security, billing or a legal obligation, as the Privacy Policy states. Withdrawing this consent under clause 13 does not unsubscribe you from marketing; use the unsubscribe mechanism for that. Text messages are dealt with separately again in the Privacy Policy and are opt-in.

17. Keeping electronic communications secure

We will never ask you for a password or a one-time code. If a message looks wrong, log in to the Dashboard yourself and check whether the same notice is there. Whoever can read the email address on file can read your statements.

Email is not a secure channel by default, and RapidCents treats it accordingly. Sensitive material is put behind the Dashboard rather than into the body of an email. RapidCents will not send you a full card number, and you must not send one either — the Security page lists writing a card number, CVV or PIN into an email or a chat message among the ordinary sources of a merchant-side incident.

RapidCents will not ask you for your password or for a one-time code, by email or by any other route. A message asking for either is not from RapidCents. If a message purporting to come from RapidCents looks wrong, do not act on it: log in to the Dashboard directly and check whether the same notice is posted there, then report the message to Support. Clause B.1.2 requires you to notify RapidCents immediately of unauthorized use of your account or any other breach of security.

Anyone with access to the email address on file can read what is sent to it, including your statements and your notices. Treat that address as an account credential: give each person their own Dashboard login rather than sharing one, grant the access their role needs, and remove it the day they leave.

18. How this consent relates to the Services Agreement, and changes to it

This document explains and records how clauses A.1, A.3, A.6, A.10, A.11, A.12, B.1, B.5, C.4, C.7, F.1, F.2, F.3, F.7, F.12, H.1, H.2, H.4 and H.5 of the Services Agreement operate when the documents they deal with are delivered electronically. It does not amend any of them. Where anything in this document is inconsistent with the Services Agreement, the Services Agreement governs, and clause F.6 records that the Agreement is the entire agreement between you and RapidCents on its subject matter.

The Services Agreement is amended only in the way clause F.2 provides: by RapidCents posting a revised version on the RapidCents website or otherwise giving notice, effective when posted or as the notice states, with continued use of the Services after that date constituting acceptance. A material change to payment terms — a new fee, or an increase to an existing fee, on credit or debit card transactions — remains subject to the notice and cancellation rights described in clause A.3 and the Information Summary Box, and to the Code of Conduct for the Credit and Debit Card Industry in Canada, which clause A.9 records RapidCents as adhering to.

This document may itself be revised. A revision is notified through the channels in clause 6, and the effective date and the date last revised appear at the head of this page — they are separate, because the text can be corrected without the substance of the consent changing. A revision that materially changes what you are consenting to, or that changes the access requirements in clause 10 in the way clause 11 describes, is notified before it takes effect and carries the right to withdraw under clause 13.

The Services Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, and clause E.7 provides for disputes to be resolved by arbitration in Toronto. Nothing in this document changes that, and nothing in it waives a right you have under legislation that cannot be waived by agreement — including, in the United States, your rights under ESIGN and under your state’s enactment of UETA, and in Canada, your rights under the electronic-commerce and privacy legislation named in clause 2.