Credit Card Transaction Processing Agreement

PLEASE READ THE FOLLOWING CAREFULLY. BY USING THE ECASH TRANSACTION CLEARING SERVICE, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OUTLINED HEREAFTER.

THE SECURE ECASH SYSTEM IS NOT A BANK DEPOSIT ACCOUNT SYSTEM AND IS THEREFORE NOT INSURED BY ANY INSURANCE SYSTEM OF ANY NATURE. YOU AGREE THAT THE SYSTEM SUPPLIES AN ON-LINE ELECTRONIC CLEARINGHOUSE AND ECASH OWNERSHIP VERIFICATION SERVICE TO FACILITATE THE COMPLETION OF TRANSACTIONS OVER THE INTERNET AND THROUGH CALL CENTERS BETWEEN YOU, OTHER FINANCIAL INSTITUTIONS AND MERCHANTS ON THE INTERNET.

This agreement (the "Agreement") is established between our eCash processing company (the "eCash processing company") and You. The agreement provides for the use of the System by You. Certain services (the "Services") will be provided to You under this Agreement. The services will be limited to purchasing eCash (referred to as a "Deposit"), selling eCash (referred to as "Withdrawal").

This Agreement and any related agreements provided sets forth the entire terms and conditions governing such Services provided to You.

NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY OR BINDING.

 

Conditions and Provisions

The following conditions and provisions are effective until modified, amended or restated as hereafter provided.

By using the service of our eCash processing company you agree to the following:

1. Definitions - Defined terms used in this Agreement shall have the meanings given to them herein.
2. Modifications - This Agreement is subject to modification, amendment or restatement (in part or in full) by our eCash processing company at any time. It is Your responsibility to review this agreement on a regular basis to continue to be appraised of all current terms. No course of prior dealings, usage of trade or extrinsic evidence shall be used to supplement or modify any terms hereof. No employee, officer or agent of our eCash processing company may verbally alter, modify or waive any provision of this Agreement.
3. Transactions With Merchants - Although our eCash processing company imposes a level of operational and business standards, it in no way guarantees, endorses, sponsors or insures the products, services or viability of any of those that participate in the System. You hereby release our eCash processing company from any and all liability, damage, cost, loss or expense suffered or incurred by You as a result of any transaction, it being Your sole obligation to carry out such due diligence and obtain such assurances.
4. Rules and Instructional Materials - You will obtain all instructions, including rules of operation, fee schedules, as may be updated from time to time, as are reasonably necessary to use the System. Our eCash processing company at all times reserves the right to have separate rules for Call Center Service than for Internet Service. You agree to strictly follow all such instructions and rules. Our eCash processing company at all times reserves the right to change the System Rules of Operation and fee schedule and any accompanying instructions at any time and without any notice to You, save as outlined in section 2 above. At all times the terms of this agreement will supersede any rules or instructions whatsoever of operating the System.
5. Refund Policy - Neither You nor our eCash processing company shall have the right to adjust Transactions after instructions have been received by the system that a transaction is complete. If You or the System assert that any transaction was processed in error, a reversing or adjusting entry may be initiated by our eCash processing company and then may, at its sole option or at Your written request, attempt to reverse or to adjust an entry which has been, or is asserted by You or the System, to have been made in error. Our eCash processing company shall have no liability to You if any such request is not honored. If such request is honored, You shall indemnify and save harmless our eCash processing company for any and all losses, claims, damages, costs and liabilities, which may be suffered or incurred in connection therewith. You agree to allow the System to unilaterally make correction adjustments if it discovers any transactions to have been completed in error. You will receive email notice of all adjustments made.
6. Availability of Services - Any entry received after the applicable cut-off time, or on a day that is not a Business Day, will be deemed to be received as of the next following Business Day. All automated services are available 24 hours a day unless service is restricted for technical reasons.
7. You agree that You will not transfer ownership of any eCash value units without using the System as the central record of such transfers so that at all times an accurate record of all eCash transactions is maintained.
8. Limitation of Liability and Indemnification - You acknowledge that the fees paid, if any, for the Services are small in relation to the value and transaction amount of such Services. Services will be provided in a professional and workmanlike manner. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS AND OUR ECASH PROCESSING COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. In no event will the eCash processing company be liable for any claim of any third party or for any indirect, incidental, consequential, exemplary, punitive or special damages whether in contract (including fundamental breach), tort (including negligence), strict liability or other legal theory including, damages for procurement of substitute goods, services or technology, damages for pure economic loss, loss or corruption of data, loss of business or profits or for legal fees and disbursements, even if advised of the possibility of such damages. The limitations herein apply with respect to any claim arising out of this Agreement including furnishing or not furnishing the Services, any action or inaction relating to the Services and the performance or non-performance of the System. The System will not be liable to You or any other party for any loss or damage resulting from a delay or failure to properly reflect a debit or credit transaction if such delay or failure was caused by an act of God, natural disaster, electrical or computer failure, failure of communication facilities, limitation of applicable statute or regulation, war or insurrection, unclear instructions or any fraud or action of any entity or person or any other cause beyond our eCash processing company's reasonable control. Any allowable claim or action brought against our eCash processing company by You under or with respect to this Agreement will be brought not later than one (1) year after the date of the event giving rise to such claim and You waive any claim not brought within such period. You will fully indemnify and save harmless our eCash processing company from any liability, damage, loss, cost or expense (including legal fees and disbursements) suffered or incurred that may result from or relate to Your breach of this Agreement or Your activities in connection with the Services or the System.
9. Termination - This Agreement may be terminated by You at any time except clauses that are still relevant to any part of the relationship defined in the clause. Our eCash processing company may, for any reason, immediately terminate this Agreement.
10. Your Disclosure - You acknowledge that You have read and understand the following features of the Services: The process of eCash/currency transactions. Such services will only be of the accounting nature and do not actually represent the transfer of the eCash itself. The eCash does not have a physical presence and is deemed transferred directly from You to recipient directly with the System only verifying and recording the transfer. The eCash System is not sponsored, guaranteed, endorsed or insured by any government or any agency thereof. The System can be accessed through the Internet. The eCash transacted in the eCash System is not insured, and is in fact deemed to be directly held by You, with the System only providing a clearinghouse for the transactions and keeping the accounting for said transactions. Once You purchase the eCash, the transaction is complete. The eCash is owned by You. The System's total obligation is to keep track of any transactions made by You with eCash and verify ownership.
11. Costs, Expenses and Interest - You shall pay all costs and expenses incurred or paid for any reason in connection with this Agreement and relating to protecting, enforcing and determining rights, remedies and security interests, including but not limited to, legal fees and disbursements for: (i) enforcing or attempting to enforce any rights and remedies, including representation in any insolvency, receivership or bankruptcy proceedings; (ii) obtaining advice, counsel and assistance on any disputed matters involving this Agreement; and (iii) collecting amounts due under this Agreement.
12. Nature of Relationship - The relationship between You and our eCash processing company under this Agreement and any related matters shall constitute a business relationship as independent contractors and shall not at any time directly or indirectly constitute a fiduciary relationship. This Agreement is personal to You and cannot be assigned by You to any other party without the prior written consent of our eCash processing company and our eCash processing company expressly disclaims liability, if any, to any purported, unauthorized assignee of You. This Agreement shall endure to the benefit of our eCash processing company and its successors and assigns. Our eCash processing company may assign this Agreement to any party without restriction, or notice to You.
13. The System may require that You provide some information before You can conduct transactions on their site.
14. Age Requirement/Legality - You confirm that you are at least 18 years of age, or of the required legal age in the place of your residence if such age is greater than 18, to be authorized to use eCash, are the person represented in all applicable documentation. You shall not allow any minor to use eCash under any circumstances. You acknowledge that You are solely responsible for all use of eCash through Your Account ID verification information as You are better suited to enforce restrictions on same; You will endeavor to keep Your Account ID verification information secret and confidential. Any unauthorized use of Your Account ID verification information shall be the responsibility of You and be deemed to be Your use, and any liability flowing therefrom shall be Yours. Your interest in the Services is personal, and not professional. You are using the System solely for Your own personal use. You agree that if any of the statements made herein by You are untrue, or if any of the required information is not made available during any transaction procedures then this Agreement shall be void, and all transactions from the account in question may be immediately reversed at the sole discretion of our eCash processing company and You shall be liable for any and all damages and costs suffered as a result of such misstatement. If you lose your account privileges due to misrepresentation, fraud or purchase disputes, our eCash processing company reserves the right to refuse services by terminating your accounts and all transactions from the account in question may be immediately reversed.
15. All credit card purchases are checked against records with the card issuing bank. If you are not recognized by the bank as an authorized user, all funds generated by the transaction will be considered invalid. NO EXCEPTIONS. Please use your own credit cards. Further, our eCash processing company at all times reserves the right not to process eCash transactions, and to reverse transactions for any person who does not provide the required minimum personal identification required to confirm their identity.
16. Please note that the credit card issuing bank is responsible for determining how a transaction is processed, which may result in some transactions being processed as cash advances. This is beyond our control. It is at the bank's discretion to deal with transactions which they consider high risk in such manner and we cannot be held responsible for any fees resulting from transactions processed as cash advances. Your bank may charge a 3% International Service or Currency Conversion Fee for any transaction made with an international merchant using your Visa debit or check card. Please note, the merchant does not collect these fees or benefit in any way, and as such You will be responsible to cover the additional cost, if any.
17. Copyright - our eCash processing company or its related companies are the owner of all worldwide copyright, trademark and other intellectual property rights in the System, including all software programs, images, photographs, animations, video, audio, music, and text incorporated therein. The copying, publication or redistribution of any such materials by You is strictly prohibited.
18. You shall hold our eCash processing company, its subsidiaries, harmless and shall indemnify the same from any costs, expenses, liabilities and damages whatsoever that may arise as a result of Your use of eCash.
19. Any and all uncollected purchases or delinquent accounts are subject to 3rd party credit reporting and collections.
20. Evidence of transactions are displayed on-screen while You are using the System at the web site. We recommend that You retain copies for all eCash transactions in addition to this Agreement. With respect to the amount of eCash recorded as owned by You, if there are any discrepancies between the on-screen display and the System's records, it is the latter which prevail.
21. eCash Withdrawal and Transfers - Because of the "no-signature" nature of on-line transactions, our eCash processing company reserves the right to request additional information from You including, but not limited to the Withdrawal and Transfer Agreement, at any time during the relationship. Failure or refusal to complete this form may result in the termination of Services to You. The information is requested solely to protect all involved parties from fraud and it will never be sold, shared or exposed to persons except for authorized staff, unless required by law.
22. eCash Withdrawal Policy - Where possible, all withdrawals will be processed to the payment account from which the eCash Deposits were made. Withdrawal payments can only be made in the name of and to You.