Electronic Records Disclosure and
Electronic Payment Service Agreement
You may use this electronic payment service (the
"Service"), to make payments to NC Raise Up, a project of the Fight
for 15 Action Fund, (“Payor”). By clicking “accept” and/or using the Service to
make electronic payments to Payor you expressly agree to the following terms
and conditions (“Agreement”) each time you make an electronic payment.
Please read Parts I and II below carefully and print and retain a
copy for your records. Part I informs you of your rights and the terms and
conditions associated with receiving certain information electronically. Part
II describes the specific terms and conditions applicable to the Service.
Part I. Electronic Records Disclosure
and Consent to Electronic Communications
The Service is an electronic, Internet based-service. Therefore,
you understand and agree that this Agreement will be entered into
electronically, and that the following categories of information
("Communications") may be provided by electronic means:
1. This Agreement and
any amendments, modifications or supplements to it.
2. Your records of any
payment transactions through the Service, including monthly statements and
confirmations of individual transactions and related fees (e.g. receipts).
3. Any disclosures or
notices provided in connection with the Service, including those required by
federal or state law (such as initial disclosures, periodic statements,
periodic and annual error resolution notices, initial and annual privacy
notices, opt-out notices, and change-in-terms notices).
4. Any customer service
communications, including communications with respect to claims of error or
unauthorized use of the Service.
5. Any other
communication related to the Service.
Although Payor reserves the right to provide Communications in
paper format at any time, you agree that Payor is under no obligation to do so.
All Communications in either electronic or paper format will be considered to
be "in writing." You should print a paper copy of this Agreement and
any electronic Communications that are important to you and retain the copy for
your records. If you do not wish to receive this Agreement or the
Communications electronically, you may not use the Service.
You agree to promptly update your account records with Payor if
your e-mail address or other information changes by contacting NC Raise Up,
205 S Gregson St Durham, NC 27701 or email to ncraiseupinfo@gmail.com
Communications may be posted on the Service Site or other Web site
disclosed to you and/or delivered to the e-mail address you provide. All
electronic Communications will be deemed to have been received by you no later
than five (5) business days after Payor (or its servicer) send it to you by
e-mail or post the Communication on the Service Site, whether or not you have
received the e-mail or retrieved the Communication. An electronic Communication
by e-mail is considered to be sent at the time that it is directed by Payor’s
(or its servicers) e-mail server to the e-mail address you provided. An
electronic Communication by posting to the Service Site is considered to be
sent at the time it is publicly available. You agree that these are reasonable
procedures for sending and receiving electronic Communications.
You may withdraw your consent to have
Communications provided in electronic form by contacting Payor in writing
to Customer Service at NC Raise Up, 205 S Gregson St Durham, NC 27701, however,
by doing so you understand that you will terminate your right
to use the Service.
In order to access and retain Communications, you must have:
· A personal computer or other device
with Internet access is required to access the Service
· A web browser which supports 128-bit
SSL (or higher) encrypted communications
· An email account and e-mail software
capable of reading and responding to your e-mail
· Software that permits you to
receive and access Portable Document Format (PDF) files, such as Adobe Acrobat
Reader (available at http://www.adobe.com/products/acrobat/readstep2.html).
· Sufficient electronic storage capacity
on your computer's hard drive or other data storage unit.
Part II. Electronic
Payment Service
A. Transfer Types and Limitations
Payment Types Accepted - You may use the Service to make payments
to your account with the Payor using a valid: (i) credit card account number;
(ii) debit card account number; or (iii) checking account number ("Payment
Account"). Some of these services may not be available through all payment
channels.
B. The Payment Process
Payor will process variable payments on the business day you designate,
provided the payment request is received prior to the cut-off time set by us.
Variable payment requests received after the business day cut off time or at
any time on a non-business day will be processed on the next business day.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE
OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE
LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be
processed on the dates you have designated, unless such date falls on a
non-business day resulting in your payment being processed on the next business
day. If these recurring payments may vary in amount, Payor will tell you, 10
days before each payment, when it will be made and how much it will be.
When scheduling Payments, you must select a scheduled payment date
(taking into account the processing information described in the previous
paragraph) that is no later than your actual Due Date. Scheduled Payment Dates
and recommended delivery times should be prior to any late date or grace
period. The Service will not be responsible for any finance charges or penalties
incurred for late payments that were due to invalid information entered by you.
When you have scheduled a payment, you authorize the Payor (or its
servicer) to debit your Payment Account and remit funds on your behalf. You
certify that your Payment Account is an account from which you are authorized
to make payments and any payment you make will be debited from this account.
You also authorize the credit of returned payments from using the Service.
Neither the Payor (nor its servicer) will incur any liability if
the Payor (or its servicer) is unable to complete any payments initiated
because of any of the following:
1. You did not provide
the Service with complete and correct payment or transfer information;
2. You did not properly
follow the instructions for use of the Service;
3. The Service is not
working properly and you know or have been advised by the Service about the
malfunction before you execute the transaction;
4. If your Payment
Account does not contain sufficient funds to complete the transaction or the
transaction would exceed your credit limit or overdraft limit;
5. Your account is
closed or has been frozen;
6. You, or anyone you
allow, commits fraud or violates any law or regulation in connection with the
Service;
7. Circumstances beyond
Payor (or its servicer) control (such as fire, flood, postal delay or improper
transmission or handling by a third party) prevent, hinder or delay the
transaction, despite reasonable precautions that they have taken; and/or
8. A legal order
prohibits withdrawals from your Payment Account.
Provided none of the foregoing circumstances are applicable, the
Payor will bear responsibility for any late payment related charges up to
$50.00 should a Payment post after its Due Date as long as the Payment was
scheduled in accordance with the guidelines described under "The Paying
Process".
You agree to have funds available in the Payment Account you
designate in amounts sufficient to pay for all Payments requested as well as
any other payment obligations you have to the Payor. The Service reserves the
right, without liability, to reject or reverse a Payment if you fail to comply
with this requirement or any other terms of this Agreement. If you do not have
sufficient funds in the Payment Account and we have not exercised our right to
reverse or reject a payment, you agree to pay for such payment obligations on
demand.
Any payment that is not a recurring payment can be changed or
canceled, provided you access the Service prior to the cut-off time on the
business day prior to the business day the payment is going to be initiated.
C. Periodic Statements
We will not send a periodic statement listing transactions that you make using
the Service. The transactions will appear only on the statement issued by your
bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU
USE THE SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM
YOUR BANK OR OTHER FINANCIAL INSTITUTION. You agree to promptly review your
monthly statement from your Financial Institution and to notify us immediately
if there are any suspected unauthorized payments or errors related to the
Service. (See the Unauthorized Transactions and Errors section.)
D. Stop Payment Order
You may stop payment on a recurring payment transaction by accessing the
Service or by notifying in writing to Provider NC Raise Up205 S Gregson St
Durham, NC 27701 at least three (3) business days before the scheduled date of
the payment transaction. We may require you to provide us with written
confirmation of a stop payment order within 14 days of an oral notification.
You will be advised when you call us to request a stop payment order if we will
also need your written confirmation. If you are requested to provide a written
confirmation and we do not receive it within 14 days, an oral stop-payment
order will not be binding after that time and a subsequent debit may be made to
your account if the item is resubmitted for payment.
E. Unauthorized Transactions and Errors
Tell us immediately if you believe anyone has improperly obtained your
password, or if you suspect any fraudulent activity or unauthorized
transactions. If your password has been compromised and you tell us within four
(4) business days of discovering the loss or misappropriation, you can lose no
more than $50. If you do not tell us within the four (4) business day period,
you could lose as much as $500 if we could have stopped the use of your account
had we received notice in a timely manner.
Also, if your statement reflects any errors or unauthorized
transactions, tell us at once. We must hear from you no later than ninety (90)
days after we have made available the first statement on which the unauthorized
transaction appeared. If you notify us verbally, we may require that you send
us your complaint or question in writing or electronically within ten (10)
business days. If you fail to notify us within the ninety (90) day period, you
may not recover any of the money you lost if we can establish that the loss
could have been avoided had you notified us on time. We may extend these time
periods if your delay was caused by extenuating circumstances, such as
out-of-town travel or extended hospital stays.
F. Contact Information for Unauthorized Transactions, Errors or
Questions About Your Electronic Transfer
You should notify Customer Service at NC Raise Up, 205 S Gregson St
Durham, NC 27701 as soon as you can if you suspect an unauthorized transaction
or error or if you need more information about a transfer on the statement or
receipt. When you contact us, please: (i) tell us your name and Service account
number; (ii) describe the error or the transaction you are unsure about, and
explain why you believe it is in error or what additional information you need;
and (iii) tell us the dollar amount of any suspected error. We will investigate
your complaint and will correct any error promptly. If we take more than 10
business days to do this, we will credit your account for the amount you think
is in error, so that you will have the use of the money during the time it
takes us to complete our investigation. If you notify us verbally, we may
require that you send us your complaint or question in writing or
electronically within ten (10) business days. If you fail to provide your
complaint or question in writing within ten (10) business days of a request
from us to do so, we reserve the right to not credit your account.
G. Liability
You are solely responsible for controlling the safekeeping of, and access to,
your username and password. You are liable for all transactions you make or
that you authorize another person to make even if that person exceeds his or
her authority. You will be responsible for any Service payment request you make
that contains an error or is a duplicate of another Service payment. We are not
responsible for a Service payment that is not made if you did not properly
follow the instructions for making a Service payment. We are not liable for any
failure to make a Service payment if you fail to promptly notify us after you
learn that you have not received credit for a Service Payment. We are not responsible
for your acts or omissions or those of any other person, including, without
limitation, any transmission or communications facility, and no such party
shall be deemed to be our agent. In any event, we will not be liable for any
special, consequential, incidental, or punitive losses, damages, or expenses in
connection with this Agreement or the Service, even if we have knowledge of the
possibility of them. We are not liable for any act, failure to act or delay in
acting if it is caused, in whole or in part, by any cause beyond our reasonable
control.
H. Confidentiality of Information
Information submitted to us or our suppliers is our property or the property of
our suppliers, and we and our suppliers are free to use and disclose that
information (other than the Service account, Payment Account or transactions),
or any ideas, concepts, know-how or techniques contained in that information to
any third party for any purpose whatsoever, except as specifically agreed to by
us or our suppliers or prohibited by law. We will disclose information to third
parties about your Service account, Payment Account or the transactions you
made (i) where it is necessary for completing transactions; (ii) in order to
comply with government agency or court orders; or (iii) if you give us your
written permission. We shall be free to disclose the tax treatment or tax
structure of any transaction under this Agreement.
I. Change in Terms; Termination
We have the right to change this Agreement at any time. For any change that results
in: (i) increased fees, (ii) increased liability to you; (iii) fewer types of
available electronic fund transfers, or (iv) stricter limitations on the
frequency or dollar amount of transfers, we will provide 21 days prior written
notice to your email account at the last address shown for the account in our
records, by posting notice on our Service website, or as otherwise permitted by
law. We may, however, change this Agreement without prior notice if necessary
to maintain or restore the security of the Services or your Account.
❏ We have
the right to terminate this Agreement at any time. You may terminate this
Agreement by written notice to Provider at NC Raise Up via: US Mail
to NC Raise Up, 205 S Gregson St Durham, NC 27701 or email to ncraiseupinfo@gmail.com.
We are not responsible for any payment made before we have a reasonable
opportunity to act on your termination notice. You remain obligated for any
payments made by us on your behalf.
J. Virus Protection
We are not responsible for any electronic virus that you may encounter using
the Service. We encourage you to routinely scan your computer and diskettes
using reliable virus protection products to detect and remove viruses. If
undetected and not repaired, a virus can corrupt and destroy your programs,
files and hardware.
K. Damages and Warranties
Except as otherwise provided herein, we are not responsible for any losses,
errors, injuries, expenses, claims, attorney’s fees, interest or other damages,
whether direct, indirect, special, punitive, incidental or consequential,
(collectively, “Losses”) caused by the use of the Service. Without limiting the
foregoing, we will not be liable for any: (i) failure to perform or any Losses
arising out of an event or condition beyond our reasonable control, including
but not limited to communications breakdown or interruption, acts of God or
labor disputes; (ii) a technical malfunction that was known to you at the time
you attempted to initiate a transaction, or in the case of a pre-authorized
transfer, at the time such transfer should have occurred; or (iii) the loss,
confidentiality or security of any data while in transit via the Internet,
communication lines, or ACH network. We provide the Service from our own sites
and make no representation or warranty that any information, material or
functions included in the Service are appropriate for use by you in your
jurisdiction. If you choose to use the Service, you do so on your own
initiative and are solely responsible for compliance with applicable local laws
and regulations. We do not warrant the adequacy, accuracy or completeness of
any information provided as a part of the Service. We do not make any
representations or warranties regarding the accuracy, functionality or
performance of the Service. We disclaim any express or implied warranties,
including any warranties of merchantability, fitness for a particular purpose
or error-free operation.
L. Indemnification
You shall indemnify, defend and hold us and our officers, employees, directors,
suppliers, service providers and agents, in their individual capacities or
otherwise, harmless from and against any Losses arising out of: (i) your
negligence; (ii) your failure to comply with applicable law; or (iii) your
failure to comply with the terms of this Agreement.
M. Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the
laws of, the State of New York, as well as the federal laws of the United
States. Venue for any action arising out of this Agreement shall be in a state
court of competent jurisdiction covering New York County, NY.
N. General Provisions
This Agreement constitutes the entire understanding of the parties with respect
to the subject matter of this Agreement, and all prior agreements,
understandings and representations concerning such subject matter are canceled
in their entirety. Notwithstanding the foregoing, this Agreement is in addition
to any other agreements between you and us. If there is a conflict between the
terms and conditions of this Agreement and one or more terms contained in
another agreement between you and us, this Agreement will control. We shall
not, by the mere lapse of time, without giving notice or taking other action,
be deemed to have waived any of our rights under this Agreement. No waiver by
us of a breach of this Agreement shall constitute a waiver of any prior or
subsequent breach of this Agreement. This Agreement shall be construed equally
against the parties regardless of who is more responsible for its preparation.
If there is a conflict between a part of this Agreement and any present or
future law, the part of this Agreement that is affected shall be curtailed only
to the extent necessary to bring it within the requirements of that law. We may
assign our rights and/or delegate all or a portion of our duties under this
Agreement to a third party.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE
BOUND BY ALL ITS TERMS.