Terms and Conditions
Last Updated: January 2025
1. Agreement to Terms
By accessing or using the Monarch Cap Holdings website and services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.
2. Description of Services
Monarch Cap Holdings provides merchant cash advance services, including but not limited to:
- Syndication services for merchant cash advances
- ACH payment management and processing
- Risk underwriting and assessment
- White label funding programs
- Reporting and analytics tools
- CRM solutions for merchant management
3. Eligibility and Registration
To use our services, you must:
- Be at least 18 years of age
- Have the legal authority to enter into binding contracts
- Provide accurate, current, and complete information during registration
- Maintain and update your account information to keep it accurate and current
- Be responsible for maintaining the confidentiality of your account credentials
4. Financial Terms
All financial arrangements, including fees, commissions, and funding terms, will be outlined in individual partnership agreements. General principles include:
- Fees vary by program and service level
- Payment terms will be clearly specified in your agreement
- All monetary transactions are subject to verification and approval
- Monarch Cap Holdings reserves the right to modify fee structures with 30 days notice
5. User Responsibilities
As a partner or user of our services, you agree to:
- Comply with all applicable federal, state, and local laws and regulations
- Provide accurate information about merchants and funding applications
- Not engage in fraudulent or deceptive practices
- Maintain appropriate licenses and registrations required in your jurisdiction
- Protect sensitive financial and personal information
- Not misrepresent your relationship with Monarch Cap Holdings
6. Intellectual Property
All content on the Monarch Cap Holdings website, including text, graphics, logos, software, and other materials, is the property of Monarch Cap Holdings or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without express written permission.
7. Limitation of Liability
Monarch Cap Holdings shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use our services. Our total liability shall not exceed the amount of fees paid by you in the twelve months preceding the claim.
8. Indemnification
You agree to indemnify and hold harmless Monarch Cap Holdings, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of our services or violation of these terms.
9. Termination
We reserve the right to terminate or suspend your access to our services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the services will immediately cease, though certain provisions of these Terms shall survive termination.
10. Dispute Resolution
Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Monmouth County, New Jersey. You waive any right to a jury trial.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.
12. Changes to Terms
Monarch Cap Holdings reserves the right to modify these Terms at any time. We will notify users of material changes via email or through a prominent notice on our website. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.
13. Contact Information
For questions about these Terms and Conditions, please contact us at:
Monarch Cap Holdings
101 Crawfords Corner Rd, Suite 4206
Holmdel, NJ 07733
Email: legal@monarccapholdings.com
Phone: (732) 555-0100