Subscriber Agreement

YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU USE THESE SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS.

 

Terms and Conditions

 "ACH Debit" means a charge to your checking account that we perform using the Automated Clearing House system.

"Agreement" means these Terms and Conditions.

"Biller" means a provider of a billing statement that you have requested to receive electronically through the Services.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Direct Check" means a check that we draw against your checking account, payable to your Payee, and signed by us on your behalf.

"Due Date" is the date on which the payment is due, as reflected on your Payee bill or statement. It is not the late date or grace period date.

"Funding Account" is the U.S. based account with check writing privileges that you designate as the account to which your bill payments should be charged.

"Payee" is the person or entity to which you wish a bill payment to be directed.

"Payment Instruction" is the information provided by you to the Services for a bill payment to be made to the Payee (such as, but not limited to, Payee name, and Payee account number and Processing Date).

"Processing Date" is the date on which your Funding Account is debited, and the payment begins processing. You determine this date, based upon the Due Date. 

"Provider" means any third party we use to provide the Services for you.

"Processing Center Billing Address" is the unique P.O. Box number at our mail processing center that you are assigned upon enrollment in the Services. For bills you have redirected to us, this is your billing address.

"Scheduled Payment" is a payment that has been scheduled through the Services but has not begun processing.

"Services" means the bill payment and presentment services described in this Agreement. Paytrust Bill Payment Services are provided by RealNet Payments LLC, a licensed money transmitter. Paytrust is a registered trade name of RealNet Payments LLC in the following jurisdictions: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Maryland, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, US Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. You may use these Services to pay bills directly from your checking or savings account in the amounts, and on the days, you request. Services are not available to Nevada residents.

 "Services Website" means http://www.paytrust.com/.

"You" or "Your" refers to the individual who initiates a payment using the Services, and who must agree to these Terms and Conditions prior to making a payment using the Services. 

"We", "us" or "our" refers to RealNet Payments LLC.

User Requirements

In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid deposit account with a U.S. financial institution, and (iv) you must be a United States resident. Services are not available to Nevada residents. Other restrictions may apply.

Scheduling Payments

You must select the Processing Date for any payment or specify a payment rule in the system that automatically selects this date for you.  This date should be at least six (6) Business Days prior to the Due Date to ensure that there is enough time to complete the payment prior to the Due Date.  It is your responsibility to schedule payments to arrive by the Due Date specified on the bill or statement.  If the actual Due Date falls on a non-Business Day, you must select a Processing Date that includes an additional day for processing.  If you select a Processing Date that causes payment to be delivered after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons, to prevent misuse of the Service, to prevent any payments prohibited by these Terms and Conditions, or to prevent fraud or the commission of an illegal act.

 

Services Guarantee

Due to circumstances beyond the control of the Services, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Services 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 "Scheduling Payments" above, and we have issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed below.  We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.

 

We may set an expiration date for any payment check we issue from our own account. If we do this, we may stop payment of the check if the payee does not cash the check on or before the expiration date.  We will then notify you and issue a credit to your Funding Account for the amount of the check. 

 

We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

1.      Your Funding Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.

 

2.      Your Funding Account is closed.

 

3.      The payee rejects or returns the payment for any reason.

 

4.      Your equipment, software or any communications link is not working properly.

 

5.      The Services are unavailable, and you know or we have told you about the problem before you submit the payment request.

 

6.      You have provided us with incorrect information about the payee you wish to pay.

 

7.      The payee mishandles or delays handling or posting any payment we send.

 

8.      Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account, or if we cause funds from your Funding Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above.  THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE.  IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.

 

If we duplicate a payment or process a payment for an amount higher than you requested, we will use reasonable efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Funding Account, we will return the amount of the overpayment to you.  However, in certain situations, we may have funded the overpayment from our own account.  In that case, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. You are responsible to reimburse us for any funds we have paid to a Payee on your behalf.

 

Disclosure of Information to Third Parties.  We will only disclose information about you to third parties if:

1.       it is necessary to complete a transaction;

 

2.     it is necessary to verify the existence and condition of your deposit account;

 

3.     it is necessary to collect any debt owed to us by you, Payee, or your bank or financial institution;

 

4.     it is necessary to comply with a governmental agency or court order;

 

5.       you give us your written permission;

 

6.       you ask us to assist with posting of a payment at a payee;

 

7.     you have any payments that are returned as unpaid;

 

8.       it is necessary for activating additional services that you requested; or

 

9.       it is within the guidelines set forth by our privacy policy located at http://www.fisglobal.com/MPSprivacy

 

Usage Limitations, Obligations and Availability. You agree that you will not provide access to the Services to any party other than yourself and other joint owners of your account, and you will take reasonable precautions to safeguard your username and password ("Access ID") and keep it confidential. You agree to use the Services only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Services. You must maintain the confidentiality of your Access ID for the Services and you are responsible for all charges incurred under your Access ID, unless otherwise provided under these terms. The availability of the Services may be subject to interruption and delay due to causes beyond our reasonable control.

 

Changes to the Services and this Agreement. We reserve the right to change the Services and this Agreement, including fees, in our sole discretion and from time to time.  In such event, the Services will provide notice to you.  If you do not agree to any amendments after receiving a notice of the change to the Services, you may stop using the Services and terminate this Agreement as described below. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s).  Further, the Services may, from time to time revise or update the applications, services, and/or related material.  Such actions may render all such prior versions obsolete.  Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, Services, and or related material and limit access to only the Services' most recent revisions and updates.

 

Method of Payment. We will make payments for you either electronically, using a Direct Check drawn on your account, or other form of funds transfer that we may choose to employ.

 

Authority to Charge Your Account. You authorize us to charge any of your deposit accounts in order to fund payments that you initiate using the Services. Such charge may take the form of a Direct Check, an ACH Debit, or other form of funds transfer, in our sole discretion. You appoint us as your agent for the limited purpose of providing the Services to you. You will designate a Funding Account and you agree to maintain a balance in that account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using the Services and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Funding Account that is sufficient to fund all payments you initiate. You further agree that we may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us. You agree that if there are insufficient funds in your account, we may (but we are not obligated to) advance the funds to make payment to the Payee. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf. You agree to promptly notify us in writing of any changes to your Funding Account information and authorize us to debit such account.

 

Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Services. There is no charge for canceling or editing a Scheduled Payment. Once the Services have begun processing a payment it cannot be canceled or edited.

 

Stop Payments. You may stop payment of scheduled automatic (recurring) payment(s) established by use of this Service by contacting our customer support or by cancelling the payment within your profile at least three business days before the Scheduled Payment Date. We will continue to charge your Funding Account for future recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Services, whichever occurs sooner. In your cancellation request, please provide the payee's name and account number as well as the amount and the specific payment to be cancelled. Failure to do so will result in your request not being processed. If our ACH charge to your Funding Account is rejected or returned to us because you have instructed your bank or financial institution to stop the recurring payment, we will charge you a service charge fee.  

 

 

Prohibited Payments. You may not use these Services in connection with any business of placing, receiving or otherwise knowingly transmitting bets or wagers by any means which involves the use, at least in part, of the Internet, or for any other transaction which is prohibited by Federal Reserve Regulation GG - Unlawful Internet Gambling Enforcement Act of 2006 (12 C.F.R. §233). The following payments are also prohibited through the Services: (a) payments to Payees outside of the United States or its territories, (b) payments to or at the direction of any government agency or entity, and (c) payments pursuant to court-ordered payment plans. In no event shall the Services be liable for any claims or damages resulting from your scheduling of these types of payments. The Services Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Services. The Services have no obligation to research or resolve any claim resulting from a prohibited payment including without limitation a tax payment, court ordered payment or exception payment. All research and resolution for any prohibited, misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Services.

 

Bill Presentment. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. If you elect to activate one of the Services' electronic bill options, you also agree to the following:  You authorize us to contact Billers on your behalf and to receive your billing statements and billing data, including the right to periodically access third party biller Web sites designated by you ("Biller Sites"), on your behalf, to retrieve your electronic billing data ("eBill"). You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Services for you. You agree that we may use and store this information on our servers. You are responsible for all charges associated with our use of any Biller Site on your behalf and you agree to comply with the terms of use for the Biller Site.

 

The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of the Biller.  Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller.

Bill Presentment may not be available for all Billers or all Biller Sites.  The electronic Biller has the right to cancel the presentment of its electronic bills at any time.  You may cancel electronic bill presentment at any time.  The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller.  It may take up to sixty (60) days, depending on the billing cycle of the Biller.  The Services will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.  The Services will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Statements. You must contact your Billers to instruct them to send your billing statements and billing data to your Processing Center Billing Address. You authorize us to receive your billing statements and billing data, at your Processing Center Billing Address. You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements and to use your name, and any other information you provide to us for purposes of providing the Services for you. You agree that we may use and store this information on our servers.

Mail Sorting and Shredding
You authorize and direct us to open all physical and electronic mail we receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize us to scan your paper bills into our system and to make and retain paper copies, electronic copies, or images of those bills. Mail is categorized into the following types and will be handled as follows:

1st Class Mail
All 1st class mail may be opened and all bills, invoices, statements of account and similar items will be scanned into the system. All other materials, whether included with a bill or sent to us separately, may be examined. Pertinent information other than a bill or billing inserts, such as a significant change in service or pricing, will be included as subsequent pages with your bill. If such information is sent as a separate mailing, it will be scanned and presented to you as a separate notice. Payments and other items that we determine that you need to receive (for example, a check from your biller for credit balance reimbursement) will be forwarded to you at the address we have for you on file. All other such mail (e.g. coupons, advertising, newsletters, etc.) will be shredded and/or discarded. We will use our judgment in making the determination as to what to scan, what to shred and what to forward, and we are not responsible if you disagree as to our decision in that regard. We will shred all scanned bills and notices on site prior to discarding them. If you have a question as to whether a particular item will be scanned, shredded or forwarded, please send your question by e-mail addressed to the customer support group designated on the Services Website.

Mail Other Than 1st Class
All mail other than 1st class mail or its equivalent may be shredded and/or discarded without opening it to examine its contents. Bulk, standard, and non-profit are included in this class.

Packages/Junk Mail
We are not responsible for forwarding packages to you, regardless of the class of mail used to deliver them to us. You must make arrangements with those parties from whom you purchase goods or from whom you otherwise expect packages to be sent to you to have those packages sent to a delivery address. Our customer service team is available to assist you in designating shipping and billing addresses with your billers. If a package is sent to you at your Processing Center Billing Address, or the street address of the processing center, it will be refused and returned to the sender. You authorize us to contact third parties to delete your name at our address from any address list used by direct mail solicitors.

 

 

Payment Addresses. We reserve the right to change the address of a Payee to whom we send Payments, without notification, in the following situations:

 

1.    The information returned by our address verification process determines the format of the address does not comply with the USPS or other applicable mail or package carrier standards.

 

2.    We have determined that the address provided is not a valid address for the Payee.

 

3.    The Payee has closed the address and provided us (via the USPS) with the new address.

 

4.    We have established a relationship with the Payee to send payments to a different address than the one provided on the statement.

 

In all cases, we attempt to act in a way to expedite the proper posting of your payment.

Account Activity Notification. Each week, we will send you e-mail notification of the arrival of your Account Activity Notification.  Your Account Activity Notification will include a summary of all your account activity and transactions for the preceding week. You agree to promptly review each Account Activity Notification and to notify us immediately if there are any suspected unauthorized payments or errors.

 

 

Procedures If Your Access ID Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your Access ID. If you believe that your Access ID has been lost or stolen, or that someone is using your Access ID without your permission, notify us IMMEDIATELY in order to minimize your possible losses.  Telephoning is the best way of keeping your possible losses down. The following is our contact information:

 

Telephone Number: 1-800-729-8787
E-mail Address: support@paytrust.com
Mailing Address: EPP Operations-CAPE1E, 11000 W Lake Park Drive, Milwaukee WI 53224-3003

 

If you give your Access ID to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized and you change your Access ID.

 

If you notify us within four (4) Business Days after you learn of the loss or theft of your Access ID, your maximum liability for unauthorized electronic fund transfers is $50.00. An "unauthorized electronic funds transfer" is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you do NOT notify us within four (4) Business Days after you learn of the loss or theft of your Access ID, and we can prove that we could have prevented someone else from using your account had you done so, your maximum liability for unauthorized electronic funds transfer is $500.00.

 

If your bank account statement shows payments through the Services that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (90) days after the statement was mailed to you, you may not get back any unauthorized electronic funds transfer made after such ninety (90) day period if we can prove that we could have prevented the unauthorized transfer if you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, at our sole discretion, extend this ninety (90) day period. 

 

In Case of Errors or Questions about a Payment. ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH THE SERVICES OR WITH YOUR ACCESS ID MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR FUNDING ACCOUNT. We are responsible for answering your questions about the Services and for resolving any errors in payments made through the Services or with your Access ID. 

 

Your payment transactions will appear on the statement issued by the bank or other financial institution where you have your Funding Account. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number or e-mail address indicated below.

 

Contact us as soon as possible at 1-800-729-8787 or at support@paytrust.com if you think that a payment shown on the statement for your Funding Account is in error or if you need more information about a payment shown on your statement.

 

Procedures for Investigating and Resolving Errors Involving Electronic Funds Transfers

If you think your statement is incorrect or you need more information about a Services transaction listed on the statement, we must hear from you no later than ninety (90) days after you received the FIRST statement issued by the bank or other financial institution where you have your Funding Account reflecting a problem or error involving an electronic funds transfer. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Funding Account.   To contact us about errors or questions or transactions:

1.       Telephone us at (1-800-729-8787)

 

2.       Write us at:  support@paytrust.com

 

When you write or call us, you must:

 

1.      Tell us your name and the account number we issued to you at the time you enrolled for the Services.

 

2.       Describe the payment and/or transfer you are unsure about (Payee name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction.  

 

3.      Tell us the dollar amount of the suspected error.

 

If you tell us orally, or by electronic mail through the Services, we may require that you send your question or concern in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days after we receive your question or concern and will correct any service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the question or concern. If we decide to do this, we will credit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or concern in writing and we do not receive it within ten (10) Business Days, we may not credit your account.

We will tell you the results within three (3) Business Days of completing our investigation.  If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within five (5) Business Days of the date of such explanation, we will debit your account of the amount previously credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.

Fees and Additional Charges.  Any applicable fees will be charged regardless of whether the Services were used during the billing cycle.  We may charge an additional fee if you request the original document for any item that has been scanned. Also, there may be a charge for other optional services and listed in the Fee Schedule.  You agree to pay fees for the Services as described at the Services Website.  Fees for your use of the Services will be calculated and deducted automatically from your Funding Account either by ACH Debit or by Direct Check on a monthly basis.

 

Consent to Electronic Communications.  We are an electronic, Internet-based service.  Therefore, all communication (including this Subscriber Agreement) outlined in the E-SIGN Notice previously disclosed and consented to, may be provided by electronic means either by e-mail or posted on the Services Website.

 

Notices.  You expressly authorize us, and our service providers, affiliates, agents or assigns (including but not limited to Complete Payment Recovery Services, Inc.) to provide you with notices, including those regarding changes to these Terms and Conditions, including by but not limited to, email, regular mail, SMS, MMS, text message, postings on the Services Website, or other reasonable means now known or hereafter developed.  Such notices may not be received if you violate these Terms and Conditions by accessing the Services Website in an unauthorized manner.  Your agreement to these Terms and Conditions constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services Website in an authorized manner.  You further expressly authorize us, and our service providers, affiliates, agents, or assigns (including but not limited to Complete Payment Recovery Services, Inc.) to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails.  You acknowledge and agree that you may incur SMS charges and other mobile charges in connection with the Services, including without limitation any out-of-band authentication services. You further acknowledge that any email addresses you provide are not shared, or otherwise accessed by others; and are not employer-related email addresses.  If you call us for assistance, you agree that your call may be recorded for quality control and recordkeeping purposes. 

Failed or Returned Transactions. In using the Services, you are requesting us to make payments for you from your Funding Account. If we are unable to complete the transaction for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from us. In such case, you agree that:

1.      You will reimburse us immediately upon demand for any transaction amount that has been returned to the Services;

 

2.      For any amount not reimbursed to us within fifteen (15) days of the initial notification, we may charge, and if so you agree to pay, a late fee equal to 1.5% monthly interest or the maximum rate allowable by law, whichever rate is lower, for any unpaid amounts may be imposed;

 

3.      You will reimburse us for any fees imposed on us as a result of the return;

 

4.      You will reimburse us for any fees we incur in attempting to collect the amount of the return from you; and

 

5.      We are authorized to report the facts concerning the return to any credit reporting agency.

Our Right to Refuse to Make Payments. We may refuse to make any payment that we believe to be prohibited by law or that is otherwise prohibited by these Terms and Conditions. If you fail to maintain a balance in the Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.

 

Changes to Your Information. You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and Funding Account information. Profile information may be updated by clicking on the Profile button in the Services Website. Changes to your checking account number or bank routing number must be submitted in writing on a payment authorization form available through the Services Website.  We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you.  All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information.  We are not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Funding Account or contact information. 

 

Term and Termination.  In the event you wish to cancel the Services, you may do so by contacting customer service at 1-800-729-8787.

 

We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you.

 

Any payment(s) we have already processed before the requested termination date will be completed by the Services. All Scheduled Payments including recurring payments will not be processed once the Services are cancelled. We may terminate or suspend Services to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

Returned Payments.  In using the Services, you understand that Payees and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Funding Account. You may receive notification from us.

 

Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Responsibility. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, AFFILIATES, AGENTS, OR ASSIGNS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICES. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

 

Indemnity. You agree to defend, indemnify and hold us, our service providers, affiliates, agents, and assigns and (collectively "Indemnitees"), harmless from and against all losses, damages, costs, expenses and attorneys' fees incurred by the Indemnities in connection with any third party claims arising out of your use of the Services.

 

Other Provisions. Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of this Agreement is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be governed by and construed under the laws of the State of Wisconsin without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts of Wisconsin and the federal courts within the state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement. 

 

Entire Agreement. These terms are the entire understanding and agreement between you and us with respect to the Services and supersede any other oral or written agreements.

 

Joint Owners. In our sole discretion we may allow you to establish your account to use the Services with another party. An account having more than one owner is called a joint account. Each joint owner is bound by all the Terms and Conditions of this Agreement, and all references to "you" and "your" in the Agreement shall include all joint owners. Each joint owner agrees to be jointly and individually responsible for all charges and other obligations of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing, by all owners of an account, each joint owner has full and independent authority to use the Services as if they were the sole owner, and without the consent of or notice to any other joint owner. Such powers include, without limitation, the authority to: (a) view all billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the Funding Account, whether or not such joint owner is an owner of the Funding Account; (c) receive notices, confirmations, statements, demands and other communications concerning the Services for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; (e) close the account at any time. Unless we are notified in writing by all owners of an account, we may: (i) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (ii) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (iii) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (iv) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.

 

Important Information About Procedures for Opening a New Account.  To help the government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you:  When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you.  We may also ask to see identifying documents if you complete your account application in person.

 

California Consumers Right to Refund for Electronic Payments.  You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if RealNet Payments LLC does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.

If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money.

If you want a refund, you must mail or deliver your written request to RealNet Payments LLC EPP Operations-CAPE1E, 11000 W Lake Park Drive, Milwaukee WI 53224-3003. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

Notice to Maryland Residents. The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding RealNet Payments LLC, license number 9124, NMLS number 1068708, at 500 North Calvert Street Suite 402, Baltimore, MD 21202, phone 1-888-784-0136.

 

Notice to Washington Residents: Fraudulent transactions scheduled through the Service by you or resulting from your negligence in failing to protect your Access ID may result in the loss of your money with no recourse.