THE FOLLOWING DESCRIBES THE TERMS ON WHICH ALERTPAY OFFERS
YOU ACCESS TO OUR SERVICES
This User Agreement ("Agreement") is a contract
between you and AlertPay, Inc., a company having a place of business at 5200 De
La Savane, Suite 220, Montreal, Quebec, Canada H4P-2M8 (“AlertPay”) and
applies to your use of the AlertPay payment service and any related products
and services (collectively the "Service") available through
www.alertpay.com (the “Site”). If you do not agree to be bound by the terms
and conditions of this Agreement, you may not use this Site or use any of the
Services.
AlertPay may amend this Agreement at any time by posting a revised version
hereof on the Site. Except as stated herein, all amendments hereto shall be
effective 30 days after they are posted on this Site. Notices of upcoming
changes will be posted in the news section in your members areas on the Account
Overview page once you have logged in.
In this Agreement, "you" or "your" means any person or
entity using the Service ("Users"). Unless otherwise stated,
"AlertPay" "we" or "our" will refer collectively
to AlertPay, Inc.
Eligibility. In order to use the Service, you must register through
the Site for a Personal, Premium, or Secured account (each an
"Account"). A single User, together with all of its affiliates, may
only hold only one Personal account, and either one Premium or Secured account
through the Site.
Users. The Services are available for use by both purchasers (each a
"Customer") and sellers (each a "Merchant")
of products or services (collectively, "Products"). Certain
provisions of this agreement applied only to Customers while others applied to
only Merchants. Unless otherwise expressly indicated, all provisions of this
Agreement apply to all Merchants and all Customers.
Representations and Warranties. You represent and warrant that all of
the following are true in respect of yourself and all of your affiliates at the
time of your entry into this Agreement and so long as you continue to use the
Site or any of the Services:
Duly Constituted. If you are an entity other than an individual, that it is
duly constituted under the laws of its constituting jurisdiction and that it
has legal capacity to enter into this Agreement and perform its obligations
hereunder;
Capacity. If you are an individual, then you are both (i)
of at least 18 years of age and (ii) of the legal age for the conclusion of
verbal contractual obligations in his or her place of residence and his or her
place of business and that he or she does not require the consent, approbation,
or approval of any other person or entity to conclude or contract a valid
obligation of the type set forth herein;
No Conflict. Your execution of and performance under this Agreement in no
way breaches, contravenes, violates or in any manner conflicts with any legal
obligation of the Merchant, including, without limitation, any agreement
between or among Merchant and any third party or parties;
Normal Business. You shall offer for sale through your web site, if you are
a Merchant, only products and services that are available for delivery in the
normal course of your business;
Legal Products. You shall offer Products for sale only if you have the legal
right to market and sell such products or services in all applicable
jurisdictions;
Changes in User Information. Any and all information provided to us by you
(collectively, "User Information") is and shall remain through
unless otherwise agreed in writing by us;
AlertPay Reputation. You will maintain the value and reputation of AlertPay
to the best of its reasonable ability;
Notice of Errors. You will immediately advise AlertPay in writing of any
errors in the Services;
Compliance with Laws. You will conduct your business affairs in an ethical
manner and in accordance with the terms and intent of this Agreement, and in
compliance with all applicable laws and regulations;
Fraud. You shall not use the Services in connection with any illegal or
fraudulent business activities under any laws or regulations of any applicable
jurisdiction;
Use of Services. You shall not permit or authorize any other person or
entity to use the Services without prior written consent of AlertPay;
Personal Information Laws.User shall transmit to
AlertPay only such information and data which has been collected and so
transmitted in full compliance with all applicable Personal Information Laws
(meaning all those applicable laws concerning the storage or transfer of
personal information, including, without limitation, the following:
and for which AlertPay need obtain no additional consent to store, use and
transmit to third parties in the performance of the Merchant Services; the
Merchant shall not transmit to any third person any personal information concerning
any person sent from AlertPay to the Merchant unless Merchant has obtained
prior written consent from AlertPay;
No E-Cash or Aggregation. Shall not use the Services in relation to the sale
of any form of e-cash or other matter, tangible or not, that is redeemable by a
Customer for a product or service from a third party, nor shall use the
Services for any aggregation of payment services;
Consent for Change of Merchant Information. You will not charge or modify
the Merchant Information without the prior written consent of AlertPay;
Disclosure to Customers. Prior to AlertPay providing the Services in
relation to a Customer, the Merchant shall deliver, by postal mail or e mail,
its full legal name, street address, telephone number, and e mail address to
each such Customer and provide AlertPay access to records of such
correspondence, upon request by AlertPay;
Legal Counsel. If you are a Merchant, you have had ample opportunity to
obtain legal advice as to the legal effects of this Agreement; and
No Spam. It shall not make any reference or link to AlertPay, or any of its
affiliates, services or products in any correspondence that is sent in
violation of any applicable laws, including anti-spam laws.
Agency Relationship. AlertPay acts as a facilitator to help you
accept payments from and make payments to third parties. We act as your agent
based upon your direction and your requests to use our Services that require us
to perform tasks on your behalf. AlertPay will at all times hold your funds
separate from its corporate funds, will not use your funds for its operating
expenses or any other corporate purposes, and will not voluntarily make funds
available to its creditors in the event of bankruptcy or for any other purpose.
You acknowledge that AlertPay is not a bank and the Service is a payment
processing service rather than a banking service.
By initiating and sending payments through the Service or adding funds to
your balance, you appoint AlertPay as your agent to obtain the funds on your
behalf and to transfer the funds to the recipient that you designate. When you
send a payment, until that payment is accepted by the recipient (which may
occur instantly), you remain the owner of those funds and AlertPay holds those
funds as your agent, but you will not be able to withdraw those funds or send
the funds to any other recipient unless the initial transaction is cancelled.
By receiving payments through the Service, you appoint AlertPay as your
agent to cause the funds to be deposited on your behalf in the pooled accounts
of Users of AlertPay until you further instruct AlertPay with respect to the
transmission of your funds. Through the Site, you may provide instructions to
withdraw the funds or transfer the funds to a third party, in each case subject
to the terms and restrictions of this Agreement. If you receive a notice that a
payment has been sent to you through AlertPay but you have not registered for
the Service, AlertPay will not become your agent and you will have no claim to
those funds unless and until you register for the Service and indicate your
acceptance of the payment.
AlertPay is only a Payment Service Provider. AlertPay acts as a
payment service provider by creating, hosting, maintaining and providing our
Service to you via the Internet. We do not have any control over the Products
that are paid for with our Service. We cannot ensure that a buyer or a seller
you are dealing with will actually complete the transaction. We are not a party
to any transaction between Users. Instead, each User agrees to procure the
Services pursuant to this Agreement and contracts, at its own will with other
you Users. We assume no liability and you shall indemnify us and hold us
harmless for any liability with respect to disputes between yourself and
another User over a Product or otherwise.
Identity Authentication. We use many techniques to identify our users
when they register on our site. Verification of users is only an indication of
increased likelihood that a User's identity is
correct. You authorize AlertPay, directly or through third parties, to make any
inquiries we consider necessary to validate your registration. However, because
user verification on the Internet is difficult, AlertPay cannot and does not
guarantee any user's identity. AlertPay makes no representation or warranty to
you as to the identity of any given User.
YOU HEREBY AUTHORIZE US TO CARRY OUT A
CHECK OF YOUR CREDIT RATING WITH CREDIT REPORTING AGENCIES.
Release. In the event that you have a dispute with one or more users,
you release AlertPay (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from any and all claims, demands and damages (actual
and consequential) of every kind and nature arising out of or in any way
connected with such disputes. We, our subsidiaries, employees and our suppliers
provide our services "as is" and without any warranty or condition,
express, implied or statutory. We, our parent, subsidiaries, employees and our
suppliers specifically disclaim any implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.
AlertPay shall make reasonable efforts to ensure that requests for electronic
debits and credits involving bank accounts, credit cards, and check issuances
are processed in a timely manner and but we make no representations or
warranties regarding the amount of time needed to complete processing because
our Service is largely dependant upon many factors outside of our control, such
as delays in the banking system or mail service.
Limitation of Liability. In no event shall we, our subsidiaries,
employees or our suppliers be liable for any lost profits, special, incidental
or consequential damages arising out of or in connection with the Site, our
Service, or this Agreement (however arising, including negligence). Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages so the above limitation or exclusion may not apply to
you. Under no circumstances shall our liability to you exceed the amount of the
revenue earned from transactions carried out by you in the six months prior to
the event giving rise to liability.
Indemnification. You agree to indemnify and hold AlertPay,
subsidiaries, affiliates, officers, directors and employees harmless from any
claim or demand (including attorneys' fees) made or incurred by any third party
due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party relating to your use of the Service.
You agree that, if either you or AlertPay commence litigation or arbitration
in connection with this paragraph, the prevailing party is entitled to recover
reasonable attorneys' fees and any other costs incurred in such proceeding in
addition to any other relief to which the prevailing party may be entitled.
Receiving Funds. When you receive funds to your AlertPay account,
applicable transaction fees will be deducted for that transaction as listed in
the fee schedule posted on the Site. A Personal account, also considered a
starter account, allows the receiver to receive up to $400 per calendar month.
Upon reaching this limit or surpassing it, the receiver is required to either
upgrade his/her account or refuse payment to his/her account. There is no receiving limitation imposed upon a Premium account or
Secured account.
Sending Funds. AlertPay assumes no responsibility for any purchases
of Products purchased through the AlertPay system. AlertPay provides you a
secure medium to transmit payments online. The Merchant assumes all liability
for the Product being sold, and you understand that the Products are purchased
at your own risk. Should you encounter any problems with the Products of a
Merchant, you should contact AlertPay immediately to assist you in resolving
this problem following the Customer Complaint Process outlined below.
Verification. AlertPay highly encourages Users to become verified to
increase account security of our online community. However, any account that
does not become verified and has surpassed its receiving or sending limit will
be assessed an additional over limit fee of 2% per transaction.
Account Type. Fees are calculated according to the account type you
have chosen. Choosing the appropriate account type is important to avoid
additional fees. Any Merchant involved in MLM, adult or mature content, or
businesses deemed high risk by AlertPay, must select the Secured account.
Failure to select the appropriate account can result in closure of your account
or fees being charged pro-rated to your account. Selecting from the proper
account will also help protect your own account from complaints.
Returned Payment. If you add funds via an EFT (Electronic Funds
Transfer) and the amount is returned to AlertPay as unpaid (due to NSF, account
closed, stop payment, etc.) you will be liable for fees involved that is
applied to AlertPay at a rate of $30 per incident. Please ensure that you
provide accurate data before initiating a bank transfer. In the event that funds
are returned on withdrawal due to account closure, the same process will apply.
Disputes. Disputes between you and a buyer may be reported to
Customer Support at customersupport@alertpay.com or by
calling +1 514-748-5774 from 9 am to 5pm Eastern Standard Time. Claims must be
filed within 30 days of the completed payment.
Chargeback. A chargeback can occur when the sender disputes the
charges incurred to his/her account (credit card or bank account) that was used
to directly fund his/her AlertPay account. Any account that receives funds
which are deemed fraudulent by AlertPay or have been disputed by the sender
will be reversed from your account. You understand that if you receive any
funds to your account funded by the sender's credit card or bank account (ACH
transaction), in the event the credit card, or ACH transaction is reversed, you
agree to hold AlertPay harmless for the reversal amount incurred and agree to
reimburse AlertPay through your AlertPay account or through other means.
Chargeback Fee. Since AlertPay is only a third party processor, all
chargeback fees incurred will be passed along to the Merchant that is deemed
responsible for triggering this action. AlertPay will charge the person
initiating the chargeback a $30.00 fee. Also, AlertPay
will assess a $30.00 fee to recipients of credit card
or ACH payments. A chargeback, or reversal, occurs when a
User rejects or reverses a charge on his or her credit card, or ACH transaction
is reversed. This often occurs when the User is unsatisfied with the Merchant
and has selected to dispute the charges with their funding option rather than
contacting AlertPay directly. In the event that you are responsible for the
reversal of a fee payable to AlertPay or any amount payable to another User,
where such reversal is due to your default under one agreement with another
User, or due to default hereunder, we reserve the right to terminate this
Agreement immediately and confiscate any and all funds that may be held in your
Account as compensation for the default.
Funds Recovery. In the event that funds that were paid to you and
were then disputed with AlertPay by another User through a chargeback, AlertPay
will retrieve the funds if available from the senders account, if that is not
available, it will be retrieved from the receivers Account for the original
transaction. By using direct deposit as your withdrawal method, you authorize
AlertPay to retrieve any funds that have been disputed with AlertPay to recover
the lost monies, to and from the bank account that you have specified. If you
received the amount by check, you agree that any negative balance in your
AlertPay account is liable to be paid by you, or your case will be turned over
for a collection agency for recovery.
BUYER COMPLAINT PROCESS
Contact Seller: Before filing a claim, you should contact the
Merchant and attempt to resolve the dispute. Most disputes can be solved with
proper communication. If you are unable to resolve the dispute in this manner,
you can file a claim in AlertPays Support Center. You can access the Support
Center through the Account Overview page that is presented to you when you log
in to your AlertPay account.
Support Center. In the event of a dispute regarding a specific
transaction arising between two Users, AlertPay provides a Support Center to
handle all complaints. The parties should attempt to resolve disputes
themselves prior to using the Support Center. AlertPay will only intervene
should there be a clear violation of policy at which point AlertPay will
determine the outcome. Doing so protects buyers from fraudulent sellers, and
protects the Merchants from false allegations of fraud.
In the event that your transaction took place with Secured account holder,
the Merchant's refund policy agreed upon at the time of purchase including the
services provided will be available to you prior to your complaint. If after
reviewing the refund policy you believe that the Merchant failed to provide the
Product as stated, and/or are entitled to a refund as stated by the Merchant,
you may proceed to file a complaint.
If your claim is granted, AlertPay will seek to collect from the Merchant by
debiting the Merchant’s AlertPay account. Recovery
of your claim is not guaranteed. There may not be sufficient funds in the
Merchant's account to pay any of your claim. In the event that we are
unsuccessful in recovering any of these funds for you, you have no claim
against us for them.
Secured. For Secured account holders, AlertPay will apply the Secured
account's respective Refund Policy that was agreed to at time of purchase when
handling a dispute. Should the service or product not have been rendered as
stated for the specific transaction, the Refund Policy will be waived and will
be subject to AlertPay's policy.
ACTIVITIES NOT ALLOWED
Your information and your activities, including payments and receipts of
payments, through AlertPay shall not, without limitation to other prohibitions
set out herein:
Account Security. AlertPay implements various security levels and
measures to protect your account. With the use of our transaction password,
unauthorized transactions will be drastically reduced if not completely
eliminated.
Liability for Unauthorized Transactions. You can inspect your
transaction history at any time by logging in to your account on the AlertPay
website and clicking on the "History" tab. It is very important that
you contact us at once if you believe your user ID or password has been
compromised, or if someone has transferred or may transfer money using your
account without your permission. Under applicable regulations, the extent of
your liability for an unauthorized transaction is largely determined by your
promptness in notifying us if someone has gained access to your password, or if
a transfer or withdrawal in your History statement. Notifying us quickly limits
your liability.
CLOSING ACCOUNTS AND LIMITING ACCOUNT ACCESS
The term of this Agreement shall begin as of the moment of your acceptance
of the terms hereof and shall continue so long as you use the Site or the
Services, unless terminated pursuant terms hereof.
AlertPay reserves the right to limit access to purchasing or making
withdrawals from an Account, and the right to terminate this Agreement with no
prior notice to you for any one of the events listed below:
AlertPay will use reasonable efforts to investigate accounts that are
subject to account access limitations and to reach a final decision on the
limitations promptly. Should your account be restricted, all funds will be held
for a period of time until the issue can become resolved. However depending on
the reason of restriction, it may be held for a lesser period which will be
determined at the discretion of the Account Specialist. By following the
AlertPay rules, you can help protect your account from being limited.
GENERAL
This Agreement is governed by and interpreted under the laws of the province
of Quebec, Canada as such laws are applied to agreements entered into and to be
performed entirely within the province of Quebec. The parties hereto agree that
this agreement is drafted and executed in the English language. Les parties aux
présentes s'entendent pour que la présente convention soit rédigée en langue anglaise.