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This User Agreement ("Agreement") is a contract between you and AlertPay Incorporated that applies to
your use of the AlertPay third-party payment processing service and any related products and services
("Service") available through www.alertpay.com ("Site"). If you do not agree to be bound by the terms
and conditions of this Agreement, you may not use this Site or any of the Services.
AlertPay may amend this Agreement at any time by posting a revised version on the Site. Except as
stated, all amendments will be effective 30 days after they are posted on this Site. Notices of
upcoming changes will be posted on our blog and on notification pages posted in your AlertPay account.
In this Agreement, "you" or "your" means any person or entity ("Users") using the Service. Unless
otherwise stated, "AlertPay", "we" or "our" will refer collectively to AlertPay Incorporated, its officers,
directors, agents, subsidiaries, joint ventures, employees and suppliers.
Ô .0 Eligibility
Ô .0 Liability
Ô 3.0 Agency Relationship
Ô ^.0 Account Information
Ô u.0 Resolutions
Ô .0 Acceptable Use and Activities Not Allowed
Ô £.0 Regulated Account Types and Industries
Ô º.0 Closing Accounts and Limiting Account Access
Ô Ñ.0 Countries Not Supported
Ô 0.0 Additional Terms
Ô .0 Glossary
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.0 Eligibility
To use the Service, you must register through the Site for a Personal Starter, Personal Pro or Business
account (each an "
"). With their affiliates, a single User may hold only one Personal Starter
account, along with unlimited Personal Pro and Business accounts. A Business account holder may still
manage multiple business with one Business account or choose to open a Business account for each of
their businesses.
Both Sellers and Buyers of products and services ("
") can use the Service. Unless otherwise
stated, all provisions in this Agreement apply to both Sellers and Buyers.
You agree that any information you give to us ("c ") will stay in our records unless
otherwise agreed upon.
You agree that we do not need additional consent to store, use and transmit data to third parties in the
performance of our customer support duties and due diligence for detection of money laundering and
terrorist funding.
. Warranties
You represent and warrant that all of the following are true of you and your affiliates from your entry
into this Agreement until the termination of your Account:
Ô If you are an entity other than an individual, you have the legal capacity to enter into this Agreement
and perform the obligations represented within it.
Ô If you are an individual, then you are at least º years of age and do not require the consent,
approbation or approval of any other person or entity to conclude a contractual obligation of the type
represented in this Agreement.
Ô Your execution of and performance under this Agreement in no way violates any legal obligation of the
Seller, including any agreement between or among Seller(s) and any third party(ies).
Ô If you are a Seller, you sell through your website only Products that are available for delivery in the
normal course of your business.
Ô You offer Products for sale only if you have the legal right to market and sell such Products in all
applicable jurisdictions.
Ô You maintain the value and reputation of AlertPay to the best of your ability.
Ô You conduct your business affairs according to the terms and intent of this Agreement and in
compliance with all applicable laws and regulations.
Ô You do not use our Services for any activities considered fraudulent or illegal under any laws or
regulations in any applicable jurisdiction.
Ô You do not permit or authorize any other person or entity to use our Services without our written
consent.
Ô You transmit to AlertPay only information and data that has been collected and transmitted in full
compliance with all applicable personal information laws, such as applicable laws concerning the
storage or transfer of personal information, including, but without limitation, the following:
a The Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal
Information, R.S.Q., c. A - ..
a The Act Respecting the Protection of Personal Information in the Private Sector, R.S.Q., c. P - 3Ñ.
a An Act Respecting Health Services and Social Services, R.S.Q., c. S - ^..
a Privacy Act, R.S.C., c. P - .
a Personal Information Protection and Electronic Documents Act, R.S.C., c..;
Ô If you are a Seller, you have had ample opportunity to obtain legal advice regarding the legal effects of
this Agreement. You can deliver your full legal name, street address, telephone number and email
address by postal mail or email to your Buyer(s) and grant AlertPay access to records of this
correspondence.
Ô You will refrain from using abusive and vulgar language with AlertPay employees, whether through
email or phone support. Abusive conduct will not be tolerated and will result in account termination.
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.0 Liability
. Our Liability
If you have a dispute with one or more Users, you release AlertPay from any and all claims, demands
and actual/consequential damages related to your transaction(s) with said User(s). We provide our
services "as is" without any warranty or condition.
AlertPay makes reasonable efforts to ensure that requests for electronic debits and credits involving
bank accounts, credit cards and check issuances are processed promptly. We make no representations
or warranties regarding the amount of time needed to complete transactions because our Service is
largely dependent upon many factors outside of our control.
Under no circumstances will we be liable for any lost profits, special, incidental or consequential
damages arising out of or in connection to the Site, our Service or this Agreement. 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 leading
to liability.
You agree to indemnify and hold AlertPay 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, by the
documents it incorporates or by your violation of any law or third-party rights related to your use of
the Service.
You agree that if either you or AlertPay begin litigation or arbitration, the prevailing party is entitled
to recover reasonable attorneys' fees and any other costs incurred in addition to any other relief to
which the prevailing party may be entitled.
You agree to indemnify and hold AlertPay harmless for unauthorized transactions done through
AlertPay. It is very important to contact us immediately if you believe your account has been
compromised or if someone has transferred money through your account without your permission.
Notifying us as soon as possible will limit your liability.
. Your Liability
If you do not report unauthorized transactions in your AlertPay account, you will be liable for any
resulting damages. We will do what we can to recover the funds, but if we are unable to recover them,
you will assume responsibility for the losses.
Your AlertPay account is protected by a password and a Transaction PIN. As long as you keep the
password and PIN confidential, no one will be able to access the funds or information in your AlertPay
account. If a member shares their password or Transaction PIN with others or allows others to discover
and use their password and Transaction PIN with the account, the account holder is giving access to the
funds and information in the account and assumes all responsibility for transactions in this account.
You are responsible for performing your due diligence on any Sellers with whom you plan on doing
business. If you neglect to perform due diligence on a Seller and do not receive an item you paid for or
receive an item that does not appear as the Seller described it, you will be liable for any resulting
damages. However, if you file a transaction dispute, we will do our best to mediate a resolution that
will benefit all parties involved.
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u.0 Resolutions
u. Transaction Disputes
Disputes between you and a Buyer must be reported through Customer Support
at www.helpdesk.alertpay.com or by calling -u^-£^º-u££^ from Ñ:00 a.m. to u:00 p.m. EST, Monday
through Friday.
When handling a dispute, AlertPay will take into consideration the Seller's Terms of Service to which
you agreed at the time of purchase. If the service or product has not been delivered as stated,
AlertPay's policy will be used in place of the Seller's Refund Policy.
u. Chargebacks And Associated Fees
A chargeback occurs when the Sender contacts their debit/credit card issuer to dispute certain charges
made through their credit card or bank account, depending on payment or depositing method. Any
account that receives fraudulent funds or funds that have been disputed by the Sender will be
reversed. If you receive funds in your account from the Sender's credit card or bank account and the
credit card or ACH transaction is reversed, you agree to hold AlertPay harmless for the reversal fee and
agree to reimburse AlertPay immediately by any means necessary.
Chargebacks, returns and reversals may lead to immediate account termination and/or a $u penalty
fee. Furthermore, in the event of a chargeback or reversal, any AlertPay fees (such as "receiving" fees)
will not be refunded.
u.3 Funds Recovery
If another User disputes a payment made to your AlertPay account by chargeback, AlertPay will
retrieve the funds in question. Furthermore, you authorize AlertPay to retrieve any disputed funds by
bank transfer to recover the lost funds. If you received the amount by check, you agree to pay the
negative balance in your AlertPay account. Otherwise, we will have to involve a collections agency in
the funds recovery process.
u.^ Contacting The Seller
Before filing a claim, you must contact the Seller and attempt to resolve the dispute on your own. Most
disputes are solved with proper communication. If you cannot resolve the dispute this way, you can
submit a ticket regarding your dispute through AlertPay's Support Center.
After you have opened a dispute, AlertPay will send a "Contact Request" to the Seller in hopes of
resolving the issue. The Buyer must respond to this email if the issue has not been resolved, otherwise
the dispute will be closed. Furthermore, it is not permitted to alter either party's email reply; all
information, including emails, should be included in their original format. We ask that all email
communications take place using the as the one used to open the dispute.
u.u Submitting A Dispute To The Support Center
AlertPay members may only submit
. Submitting multiple disputes
for a single issue may result in the closure of the dispute without resolution for the inconvenience.
If one member files a dispute against another member, AlertPay's Support Center will mediate the
situation. AlertPay will only intervene if there is a clear policy violation. AlertPay's involvement and
final decision protects Buyers from fraudulent Sellers and protects Sellers from false allegations of
fraud.
If your Seller is a Business account holder, you should review their Refund Policy and Terms of Service.
If after reviewing the Refund Policy and TOS you believe that the Seller failed to provide the Product
as stated and/or if you are entitled to a refund as stated by the Seller, you may file a complaint.
If your claim is justified, AlertPay will attempt to collect funds from the Seller. Funds recovery is not
guaranteed. There may not be sufficient funds in the Seller's account to cover your claim. If we are not
successful in recovering funds, you have no claim against AlertPay.
Both parties agree to a binding resolution rendered by AlertPay. AlertPay reserves the right to limit
resolution requests if the User has not done due diligence on the Seller prior to making a purchase or
sending funds. Once a dispute has been closed, it cannot be re-opened or disputed again.
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.0 Glossary
$% An account status in which a User has limited or no access to the Services
pending an investigation. This status can be either temporary or permanent depending on the
individual circumstances.
&% Automated Clearing House; localized bank transfers in North America.
'$% Anti-Money Laundering.
% A form certifying a person's identity by signature or oath in an official capacity.
() % A Bank Deposit Code is created once a member completes a bank deposit.
Bank Deposit Codes are issued to all bank accounts outside of United States and Canada. This code is
required when the member visits their bank and must be included in the "Details" or "Reference" area
of the bank transfer. No information other than the Bank Deposit Code should be entered in the
"Details" or "Reference" area of the bank transaction. A missing Bank Deposit Code may cause delays in
completing the transaction.
(% Bank Identification Code.
( % A separate profile in a member's Business account containing their business's
information, such as URL, Customer Support contact details, etc.... Business account holders can have
multiple business profiles to manage multiple businesses.
( % A set of functions available to Personal Pro and Business account holders, including
Instant Payment Notifications, "Buy/Subscribe Now" buttons and numerous email associations.
"(ï*(% A button a seller can integrate into their website allowing customers to sign up
for an AlertPay account and make an instant payment.
%A function an AlertPay member may initiate through their credit card issuer to reverse
a credit card payment. This action will result in an account suspension as we are charged for every
chargeback initiated by a member.
+% See CVV.
++% Credit Card Verification Value; A 3 - ^ digit code on either the front or back of your credit card.
This code is an extra layer of security necessary for "Card-Not-Present" transactions.
,+% Comma-Separated Values; A file format necessary for Mass Pay.
)(% Doing Business As; A statement permitting a Seller to operate an AlertPay account under a
company name.
) % A function with which an AlertPay member can deposit money into their account by bank
transfer, bank wire, money order, certified check or cashier's check.
))
% Time and effort all members are expected to spend on researching the reliability,
credibility and ethics of individuals and/or businesses with which they plan on doing business. Members
should contact these people or companies to establish a rapport and/or read blogs, reviews, brochures
and other material and use their best judgment before doing business with them.
-'% An AlertPay program with which a member can earn money through referrals. Certain
qualifications apply.
-.
% A general business category encompassing most internet-based financial and
commercial services.
- % Electronic Funds Transfer; bank transfers and bank wires.
-+% Before a member can login to their AlertPay account, they must click the link in
the validation email.
-ï% Financial Crimes Enforcement Network.
ï "% Financial Transactions Reports Analysis Centre of Canada.
/% An international EFT; International members must initiate their bank transfers from their banks
as well as their AlertPay account.
(ï% International Bank Account Number.
ï% Instant Payment Notification.
' % A "Send Money" feature available to all AlertPay account holders. It can be used to pay
several people or a large group at one time. This is a fast and effective tool for members who make
weekly pay-outs such as commissions or referral payments.
'% An AlertPay customer with an active AlertPay account.
'
) % Only for Canadian and American members. Two deposits under $0.u each sent to a
member's bank account to verify account and routing/institution numbers. A member will not receive
these deposits if the information they have entered is incorrect. This will lead to a disabled bank
account.
'$'% Multi-Level Marketing.
'.
% A function that allows a member to convert funds from one currency to another.
The currency exchange is adjusted regularly. An additional .u is charged on top of the conversion
rate.
% An alpha-numeric code each AlertPay member will create to log into their account.
% A general business category including third-party electronic payment
solutions.
'$ % Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
0,% In computer networks, a proxy server is a server (a computer system or an application
program) that services the requests of its clients by forwarding requests to other servers. Members who
try to access their AlertPay account through a proxy server will be denied access. They must contact
their Internet Service Provider to disable their proxy server.
"
ï%A u digit alpha-numeric code assigned to every transaction. The member can
find their reference number by clicking on the status of the transaction in their AlertPay account.
"$% A link found in a member's AlertPay account that they can send in emails or apply to
their website. When someone clicks on the link, the member who sent out the link will receive a
reward if the referral meets the necessary qualifications. Part of the "Referral Program".
"%This applies to business types that carry extra risk resulting in a higher possibility of
chargebacks. Also applies to an account status in which a User's access to the Services are limited.
,
,
% A picture of a computer screen. A screen shot of a bank transaction is usually
necessary when an international member's deposit has not been credited to their AlertPay account. The
"Prt Scr" button on the keyboard will take a screen shot. You can paste the screen shot in the "Paint"
program by selecting "Paste" under the "Edit" button.
,
% Our security code provides a way of authenticating that the data was sent by
AlertPay. You create your security code and it is immediately encrypted so only you know the code you
entered. Your security code will not change unless you enter a new code to be encrypted. You can
make this change at any time by going to IPN Setup.
,'% A function that enables a member to send funds to another member using only their
email. If the receiver does not have an AlertPay account, they will be invited by email to create one.
,% If a member makes a payment by "Send Money" by credit card and they have
insufficient funds, the rest is deducted from their AlertPay balance. They cannot split payments
between credit cards or when paying through a seller's website.
",
ï*(% A function a seller can integrate into their website which allows their
customers to sign up for a paid subscription through us.
ï% A ^ - º digit numeric code a member creates opening an AlertPay account. Much
like a debit/credit card PIN, a member will not be able to complete a transaction without entering this
PIN correctly. Members will also have to answer two security questions when creating their PIN and will
have to answer those questions correctly to reset it. The answers to the security questions are case-
sensitive.
c %A person who uses our services; same as "Member". Generally, this term refers to someone who
"uses" computers and the Internet.
+
% Account verification identifies the member as part of a Know Your Customer (KYC)
policy. Verification is important for the AlertPay network as it enhances security and helps to protect
our members against fraud. It also ensures AlertPay's full compliance with Canada's Proceeds of Crime
(Money Laundering) and Terrorist Financing Regulations (PCMLTFA -- governed by FINTRAC) and
PATRIOT ACT (governed by FINCEN). In addition, AlertPay·s affiliate company, Ceptum AB, is registered
as a Financial Institution with the Financial Services Authority of Sweden (FSA).
1
%A function in which an AlertPay member can transfer funds out of their AlertPay account
by bank transfer, bank wire or check.