e-Sign Consent and Agreement
PayQwick e-SIGN CONSENT AND AGREEMENT
As used herein, the words “us,” “we,” or “our” mean PayQwick, Inc., PayQwick Ltd. and any agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the services provided at the PayQwick.com worldwide website (the “Site”) and “you” or “your” means (1) an individual or entity that is the owner of an account) or (2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account via the Site. This e-Sign Consent and Disclosure (“Consent”), applies to all Communications (as defined below) from PayQwick for those PayQwick accounts and services that are offered or accessible online through our website (such electronically accessible accounts and services are hereafter collectively referenced as the “Services”).
Services we offer at the Site are electronic, internet based-services. Therefore, you understand and agree that if you enroll in the Service, all agreements for the Service will be entered into electronically, and the following categories of information (“Communications”) may be provided solely by electronic means: any agreements or amendments thereto, account terms and conditions and amendments thereto, regulatory, legal and other disclosures, notices, responses to claims, customer service communications or announcements, transaction history (including without limitation, your records of funds transfers, confirmations and other transactions through the Service), privacy policies, tax statements, periodic statements for the Service (if any) and all other communications of information of whatever kind related to the Services, including but not limited to disclosures and other information that we are required by federal or state law to provide to you in writing.
1. Method of Electronic Communications. All Communications that we provide to you in electronic form will be provided either (1) via email, (2) by access to a web site that we will designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to the Site or another website we designate in advance for such purpose.
2. How to Withdraw Consent; Effect of Withdrawal. You agree that we may provide you with any Communications related to the Service in electronic format until such time as you withdraw your consent to receive Communications by contacting us via the “Contact Us” tab on our Site. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We do not currently impose any fee to process the withdrawal of your consent to receive electronic Communications. You agree that we will treat your request to withdraw your consent to receive electronic Communications as a request to terminate your access and use of the Services and that we will immediately terminate your access and use of the Services at the time we process your withdrawal. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
3. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to this Consent and your account(s), and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the Service.
4. Hardware and Software Requirements. You must have and you agree that you either have or will have access at all times to the following to enable you to receive Communications: a personal computer or other internet-accessible device capable of supporting at your cost, high level browser encryption, Internet access, a valid email address, and the Services. Your internet-accessible device must be capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted email or by access to our web site. In addition, the program Adobe” Acrobat Reader” may be required to view certain Communications.
5. Requesting Paper Copies. We will not send you a paper copy of any electronic Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us via the “Contact Us” tab on our Site and send us a request for a paper statement. We may charge you a reasonable service charge for the delivery of paper copies of any electronic Communication provided to you pursuant to this Consent. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
6. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Consent and any other Communication that is important to you.
7. Federal Law. You acknowledge and agree that you are providing your consent to electronic Communications in connection with one or more transactions affecting interstate commerce that are subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
8. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
9. Confidentiality. We do not accept any responsibility for any interception or tampering or loss of confidentiality which may take place either after electronic Communications have been sent by us or prior to an email message being received by us or for any losses, claims, damages or expenses which may be suffered or incurred by you as a result of any such interception, tampering or loss of confidentiality. We will maintain the confidentiality of all non-public information provided by you in using the Service consistent with the requirements of applicable law.
10. Viruses. We take reasonable care to ensure that electronic Communications generated by us are free of viruses or other corruption of data. Before opening or using any documents or attachments, you must check them for viruses and defects. Our liability in this respect is limited to re-supplying any affected documents or attachments.
11. Consent. By accepting this agreement you give your affirmative consent to us to provide electronic Communications to you as described herein. You further agree that your computer or other internet-accessible device satisfies the hardware and software requirements specified above and that you have provided us with a current email address at which we may send electronic Communications to you.