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 firstname.lastname@example.org
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.
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 email@example.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.
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.