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Privacy Policy

  1. Overview

    In order to operate the www.nxpay.eu service, as more particularly described in the User Agreement and to reduce the risk of fraud, NxSystems, Inc. (hereinafter, referred to as the “Company”) must ask you to provide us information about yourself and the credit card, debit card, or bank account that you wish to authenticate and validate. However, because we recognize the importance of respecting the privacy of the information you provide on www.nxpay.eu, we have developed a privacy policy (hereinafter, referred to as the “NxPay® Privacy Policy”), designed to assist you in understanding how we collect, disclose, and safeguard the type of information you provide to us on www.nxpay.eu.

    This NxPay® Privacy Policy applies to all services that are hosted on www.nxpay.eu, whether the services are offered by us, or by our subsidiaries, agents, or affiliates. However, this NxPay® Privacy Policy applies only to the information that we collect on the www.nxpay.eu site and not to any information that we collect through other methods or sources, including sites owned or operated by our affiliates, vendors, or partners. Please note that when you link from www.nxpay.eu to other web sites, this NxPay® Privacy Policy no longer applies and thus we are not responsible for the privacy practices employed by third party web sites linked to or from our site, nor for the information or content contained therein. Please also note that different, more detailed, policies may apply to certain portions of the site. Those policies are available when you visit the applicable portions of www.nxpay.eu.

    You acknowledge that, by accessing or using www.nxpay.eu, you agree to be bound by all of the terms and conditions of use pertaining to www.nxpay.eu, including, but not limited to: (i) this NxPay® Privacy Policy which allows use and disclosure of your personal information in the manner described below; and (ii) the User Agreement. If you do not agree with the NxPay® Privacy Policy or the User Agreement, please do not access or use www.nxpay.eu.

    We reserve the right to change this NxPay® Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting thereof on www.nxpay.eu. You acknowledge and agree that it is your responsibility to review www.nxpay.eu and this NxPay® Privacy Policy periodically, and to be aware of any modifications. Your continued use of www.nxpay.eu after such modifications will constitute your: (a) acknowledgment of the modified NxPay® Privacy Policy; and (b) agreement to abide and be bound by the modified NxPay® Privacy Policy.

  2. Collection of Information

    NxPay® Privacy Policy complies with all state and federal laws and regulations regarding collecting non-public information. Generally, these laws and regulations require every business that collects nonpublic personal information to have a privacy program that complies with the Gramm-Leach-Bliley Act (the “Act”). As a result, the NxPay® Privacy Policy complies with the Act by: (i) insuring the security and confidentiality of your information; (ii) protecting the Company against any anticipated threats or hazards to the security or integrity of your information; and (iii) protecting the Company against unauthorized access to or use of your information that may result in substantial harm or inconvenience to you.

    We collect two (2) types of information about our website users (the “User” of “Users”): Personally Identifiable Information and Non- Personally Identifiable Information. Our primary goal in collecting both types of information from you is to provide you with a smooth, efficient, and customized experience while using www.nxpay.eu.

    Personally Identifiable Information: Personally Identifiable Information refers to information that lets us know the specifics of who you are. For example, to open a www.nxpay.eu account, you must provide Personally Identifiable Information such as your name, address, phone number, identification number and e-mail address. In addition, in order to make payments through www.nxpay.eu, you must provide credit card, debit card or bank account information. You will choose two different security questions to answer (e.g. mother's maiden or your pet's name). This Personally Identifiable Information is necessary for us to process transactions, issue new passwords if you forget or lose your password, protect you against credit card, debit card and checking account fraud, and to contact you should the need arise in administering your account.

    Also, in order to protect Users against potential fraud, we verify with third parties the information you provide to us. In the course of such verification, we receive Personally Identifiable Information about you from such services. In particular, if you register a credit or debit card account with www.nxpay.eu, we will use the card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to www.nxpay.eu, and that the card has not been reported as lost or stolen.

    Non-Personally Identifiable Information: Non-Personably Identifiable Information refers to information that does not by itself identify a specific individual. For example, because of the way that World Wide Web communication standards work, when you arrive at or leave www.nxpay.eu, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on www.nxpay.eu, the type of browser you use and the times you access our Web site. We use this information only to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with www.nxpay.eu.

    Additionally, we gather information through cookies which are small files of data that reside on your computer and allow us to recognize you as a www.nxpay.eu customer if you return to www.nxpay.eu site using the same computer and browser. We send a "session cookie" to your computer if and when you log in to your www.nxpay.eu account by entering your www.nxpay.eu username and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

    Customer Service Correspondence: If you send us correspondence, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from www.nxpay.eu to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our User Agreement. We may, over time, delete these records if permitted by law.

  3. Use of Information

    We do not collect any information about you unless you voluntarily provide it to us. We will primarily use your information to provide our services to you, as requested by you or as required by any agreements between us and you, including, but not limited to, the User Agreement. We will also use information that you provide to us in order to enhance the operation of our site, fill improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce agreements with you, including, but not limited to, this NxPay® Privacy Policy.

    Please note that your Personally Identifiable Information will be stored and processed on our computers in Canada. We give access to Personally Identifiable only to those employees who require it to fulfill customer service requests. Employees are prohibited from copying or retaining any of your Personally Identifiable Information. The laws on holding personal data in Canada may be less stringent than the laws of your country but www.nxpay.eu will hold and transmit your personal information in a safe, confidential and secure environment.

    Also, to help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record information that identifies each person who engages in financial services with this Company. As a result, the Company may use your name, address and other information that will allow us to properly identify you. The Company may also ask to see your driver's license or other identifying documents.

  4. Release of Information

    We will not sell or rent your Personally Identifiable Information or a list of our Users to third parties. However, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions and as permitted by law, so it is important for you to review this NxPay® Privacy Policy. If you object to any of your information being transferred or used as described in this NxPay® Privacy Policy, please do not register for the www.nxpay.eu service as described in the User Agreement.

    Currently, our disclosure of Personally Identifiable Information is limited to the following purposes:

    1. Disclosure to Other www.nxpay.eu Customers. We work with third party merchants to enable them to accept payments from you. Merchants who use this service will share Personally Identifiable Information you provide to them with www.nxpay.eu in order to validate the information, assess the risks of your payment, or confirm the existence or status of your www.nxpay.eu account. You permit www.nxpay.eu to share information with the merchant on the validity of the personally identifiable information you provided to the merchant, and on the existence or status of your account.

    2. Disclosure to Third Parties Other Than www.nxpay.eu Customers. We will not sell or rent any of your personally identifiable information to third parties, except in the limited circumstances described below, or with your express permission (and with other www.nxpay.eu customers as described above). The third parties for whom we share information as provided in this paragraph are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared. Disclosure to Third Parties is limited to the following:

      • We share information with companies that help us process the transactions you request and protect our customers' transactions from fraud, such as sharing your credit or debit card number with a service that screens for lost and stolen card numbers.

      • We disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our User Agreement. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information (but not bank account, credit or debit card information) to victims who request it.

      • We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from parties in a civil action.

      • As with any other business, it is possible that www.nxpay.eu in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by www.nxpay.eu, including customer account information, but would continue to be bound by this NxPay® Privacy Policy.

      • We share your information with our subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.

    3. Our Contacts with Customers. We communicate with Users on a regular basis via e-mail to provide requested services, and we also communicate by phone to resolve customer complaints or investigate suspicious transactions. We use your e-mail address to confirm your opening of an account, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, Users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. In addition, in connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, we take appropriate steps to ensure that these auditors cannot use Personally Identifiable Information for any secondary purposes.

  5. Changes

    This NxPay® Privacy Policy may be revised over time as new features are added to the www.nxpay.eu service or as we incorporate suggestions from our customers. If we are going to use or disclose your Personally Identifiable Information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner.

    We will post the amended NxPay® Privacy Policy prominently on www.nxpay.eu so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check web site at www.nxpay.eu at any time for the most current version of our NxPay® Privacy Policy.

  6. Security of Information

    We believe that keeping Personally Identifiable Information secure is one of our most significant responsibilities. That’s why your credit card, debit card and/or bank account information are stored only in encrypted form. We also restrict access to your Personally Identifiable Information to employees or others who need to know that information in order to provide products or services to you. Further, we also safeguard Personally Identifiable Information according to established security standards and procedures, by maintaining physical, electronic, and procedural safeguards for the information.

    The security of your account also relies on your protection of your Activation Code and password. You may not share your Activation Code and password with anyone. The Company will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the www.nxpay.eu website, which will always have a URL beginning with www.nxpay.eu.

    Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with www.nxpay.eu should be treated as unauthorized and suspicious and should be reported to www.nxpay.eu immediately. If you do share your Activation Code and password with a third party for any reason, including because the third party has promised to provide you additional services, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your Activation Code and password, please change it immediately by (i) logging in to your account at and changing your User settings, and (ii) contact us right away.

    Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

  7. Accessing and Changing Your Information

    You can review the personal information you provided us and make limited changes to such information at any time by logging in to your Services on www.nxpay.eu. You can also close your Services through www.nxpay.eu. If you close your Services, we will mark your Services in our database as "Closed," but will keep your Services information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their Services and opening a new Card or Account. However, if you close your Services, your Personally Identifiable Information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as provide in this NxPay® Privacy Policy, or as otherwise required by law.

  8. Miscellaneous

    Children are not eligible to use our Services and we ask that minors (under the age of 18) do not submit any personal information to us or use the service. A child's parent or guardian must submit the information for them. The information submitted by a parent will be subject to the terms and conditions of this NxPay® Privacy Policy.

    If you have any questions about this NxPay® Privacy Policy, the practices of www.nxpay.eu, or your dealings with www.nxpay.eu, please contact us by letter at:

    NxSystems, Inc.
    Attn: Compliance
    12400 SE Freeman Way, Suite 100
    Portland, Oregon 97222

    You may also contact us by e-mail at [email protected].

    This NxPay® Privacy Policy was last updated on June 2012.


NxPay® ACCOUNTHOLDER AGREEMENT

NOTICE: THIS IS AN IMPORTANT DOCUMENT. PLEASE READ CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE. THESE TERMS AND CONDITIONS MAY BE UPDATED OR REVISED FROM TIME TO TIME AND YOU AGREE THAT THE UPDATES OR REVISIONS WILL BE VALID AND BINDING AS OF THEIR POSTING TO THIS SITE. YOU SHOULD PERIODICALLY CHECK THESE TERMS AND CONDITIONS FOR UPDATES OR REVISIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS POSTED AT THE TIME YOU INTEND TO ACCESS OR USE THIS SITE, DO NOT ACCESS THIS SITE OR ANY PAGES THEREOF.

These terms and conditions (the “Agreement”) govern your use of this website and are a legally binding contract between you and NxPay®, NxPay® ® Ltd., NxSystems®, Inc., its agents, affiliates, or representatives (collectively, hereinafter referred to as the “Company”). This Agreement applies to signing up for, accessing, or usingany and all products, services, content, features, technologies, or functions offered on any of the Company’s websites and all related sites, applications, and services (collectively, the “Services”). You must read, agree with and accept all of the terms and conditions contained in this Agreement.

In this Agreement, "you" or "your", or “Accountholder” means the person or persons who are utilizing the Services in accordance with and in manner contemplated by this Agreement, and "we" "us" "our" or “Company” means NxPay®, NxPay® Ltd., NxSystems®, Inc., its agents, affiliates, or representatives.

  1. 1.1. General Terms

    1.2. Condition of Use . By accepting this Agreement and using the Services, you agree to abide by, and be bound by, the terms, conditions, and rules governing this Agreement, which applies to all of your usage of the Company’s websites. This Agreement is updated and effective as of June 1, 2020 (the “Effective Date”). In the event that you use any or all of the Servicesthat are active and/or activated as the Effective Date, you are bound by the terms and conditions of this Agreement. We may amend this Agreement at any time by posting a revised version of this Agreement on any of our websites. The revised version of the Agreement will be effective at the time we post it.

    1.3. Definitions .The Servicesallow you to sign up for, access, or otherwise use the Company’s products, services, content, features, technologies, or functions offered on any of the Company’s websites and all related third-party sites, applications, and services. When you set up an account through the Services(the “Account”), that Account is not a checking, savings or other bank account. In addition the Account is not a credit card and may not provide the same rights to you as those available in credit card transactions. For example, you will not receive any interest on the Account. However, we may from time to time refer generally to our relationship with you as an “account” or a “card”. Your Account is not insured.

    1.4. Eligibility . To be eligible to use and activate the Account, you must meet the following requirements: (i) you must be at least 18 years of age and able to lawfully form contracts under applicable law; (ii) you must provide certain information and supporting documentation, including your legal name, U.S. mailing address, date of birth, social security number, telephone number and other information reasonably requested by us; and (iii) you must promptly update your information when it changes. Any communication sent to you at the contact information in your records will be effective unless changed by you.

    1.5. Other Documents . In addition to this Agreement, uses of your Account are governed by:

    • Our NxPay® Privacy Policy;
    • Any disclosures or similar materials provided to you prior to or at the time you commenced utilizing the Services;
    • All other documents and disclosures related to the Services including those provided on-line; and
    • Any future changes we make to the Agreement or any of the above mentioned documents.

  2. Our Relationship

    2.1. Payment Service Provider .The Company helps you make payments to and accept payments from third parties. The Company is an independent contractor for all purposes and is not your agent or trustee, except that the Company may act as your agent with respect to the custody of your funds. The Company does not have control of, or liability for, the products or services that are paid for through your utilization of the Services.

    2.2. Privacy. Protecting your privacy is very important to the Company. Please review our NxPay® Privacy Policy in order to better understand our commitment to maintaining privacy, as well as our use and disclosure of your information.

    2.3. Intellectual Property . Any and alllogos related to the Servicesare either trademarks or registered trademarks of the Company or its’ licensors. You may not copy, imitate or use them without the Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to any of the Company’s websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of the Company and its licensors.

    2.4. Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Account. Whenever you use any of the Services, you should carefully safeguard it. You are responsible for keeping your mailing address and email address up to date when utilizing the Services.

    2.5. Notices to You. You agree that the Company may provide you communications about the Serviceselectronically. Any electronic communications will be considered to be received by you within twenty-four (24) hours after the time we post it to our website or email it to you. Any communications sent to you by postal mail will be considered to be received by you three (3) business days after we send it. All other terms and conditions regarding electronic communications are located in the NxPay®E-Sign and Disclosure and Consent Policy.

  3. Using the Services

    3.1 Activation. The Account is valid as of the time the Services are activated, in accordance with and in the manner provided by this Agreement, and will continue until the Servicesare terminated as provided in this Agreement. To help the government fight the funding of terrorism and money laundering activities, the law requires all financial institutions to obtain, verify and record information that identifies each person who activates an account. As a result, subject to the terms and conditions of our Privacy Policy, when you apply for activation of the Account, we will ask for your name, address, date of birth and other information that will allow us to identify you.

    3.2. Use of the Services. You may use your Account to: (i) load funds; (ii) withdraw funds; (iii) make purchases, and (iv) authorize us to automatically debit or credit the Account to or from third parties by means of pre-authorized EFT (electronic funds transfer) or ACH (automate clearing house) transactions. Each time you use your Account, you authorize us to immediately reduce the funds available on your Account by the amount of the transaction plus applicable fees. You may use your Accountonly to the extent that you have available funds in your Account. The funds will be available through your Account. You may not use your Account for online gambling or any illegal transactions. Except as otherwise provided in this Agreement, you are responsible for all transactions initiated by use of your Account. If you do not have enough funds loaded on your Account, you can instruct the merchant to charge a part of the purchase to your Account and pay the remaining amount with other funds. These are called "split transactions" and some merchants do not permit them.Your Account will remain the property of the Company, is nontransferable, and must be surrendered upon demand. We may revoke your Account at any time without cause or notification. You must surrender a revoked Account and you may not use an expired Account. If your Account is revoked and it reflects a balance greater than five dollars ($5.00), we will issue payment of the balance to you at your request, less expenses.

    3.3. Secondary Accountholders. As an Accountholder, you will not permit another person to have access to your Account or any numbers issued to you related to the Services. However, you may request an additional Account for another person (“Secondary Accountholder”) subject to requirements, our Privacy Policy, and prior approval. If approved, we will provide the Secondary Accountholder with a separate account linked to your Account. Any value added may be accessed by you. Secondary Accountholders do not have an ownership interest in your Account, but may use your Account as provided in this Agreement, request certain information related to your Account, and request to have their account closed. You agree that we may process all transactions by any Secondary Accountholder as authorized by you without further inquiry and may deduct all such amounts from your Account, including any fees. Transactions by Secondary Accountholders will be combined with yours for purposes of your Account transaction limits (as defined in “Merchant Schedule of Fees and Transactions” to be provided by Merchant). You may cancel a Secondary Accountholder’s account by calling us or notifying us in writing and by destroying that person’s account. Your Account will be charged for allyour Accounttransactions by the Secondary Accountholder until we have had a reasonable period of time to respond to the request, even if the transactions do not appear on your Account until a later time. If you are unable to destroy the Secondary Accountholder’s account and you contact us to close your Account, your Accountmay also have to be closed. However, you may then apply for a new Account.

    3.4. Loading Your NxPay® Account. You may add funds to your Account (hereinafter, referred to as “loading”) by going online to any of the Company’s websites and loading funds from a checking or savings account. In addition, you can have an employer deposit payroll funds directly to your Account. This is known as “Direct Deposit”, which is an electronic deposit, made onto your Account through the Automated Clearing House (hereinafter referred to as “ACH”) by a third party paying entity. Simply give your employer a "Direct Deposit" form and enter your Account number. Your Account number will act just like a checking account number. We reserve the right to reject any Direct Deposit payments as part of internal fraud, anti-money laundering/Bank Secrecy Act or other applicable policies. If your Account is funded by a third party, you authorize us to reverse such payment upon request of the third party.

    3.5. Shortages. You are not allowed to exceed the available funds on your Account. Nevertheless, if a transaction(s) exceeds the funds available on your Account (a "Shortage") you will be fully and immediately liable to us for the amount of the transaction and any applicable fees. You agree to immediately pay us for the Shortage and any applicable fees. If you ever owe us any amount under this Agreement, we have the right to use the funds on your Account to pay such amounts, and may offset any governmental benefits that are deposited into your Account, including Social Security benefits, to pay for such Shortage. Neither death nor a legal adjudication of incompetence revokes our authority to honor transactions against your Account until we have been notified of such fact and have a reasonable opportunity to act on it.

    3.6 Security Interest; Right to Set Off . To secure performance of this Agreement, you grant to the Company a lien on and security interest in your Account. In addition, you acknowledge that the Companymay setoff against any accounts you own for any obligation you owe the Companyat any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. The Companymay consider this Agreement as consent to the Company’s asserting its security interest or exercising its right of setoff should any law require consent. The rights described in this section are in addition to and apart from any other rights.

    3.7. PIN .If we give you a PIN, do not disclose the PIN or record it on your Account, or otherwise make it available to anyone else. You are responsible for the security and use of your Accountand PIN. You are liable for any transactions made by a person you authorize or permit to use your Accountand/or PIN. The PIN that accompanies your Accountis a security feature that functions a signature, identifying you as the proper user of your Accountand authorizing any transactions that you make with your Account. Your PIN allows you to access funds.

    3.8. Loss or Theft of the Card . If you believe that a card associated with your Account (the “Card”) has been lost, stolen or used without permission, YOU MUST NOTIFY US IMMEDIATELY. Your immediate telephone call to us is the best way to KEEP YOUR POSSIBLE LOSSES TO A MINIMUM. Failure to notify us promptly of the lost, theft, and/or unauthorized use of Card can result in loss of any funds associated with the Card. We are not responsible for any incidental, consequential and/or actual damages as a result of any loss of the Card or funds.

    3.9. Unauthorized or Fraudulent Use . The Accountholder is responsible for use of the Account and is responsible for the full amount of all activity resulting from the use of the Account by any person. The Accountholder is also responsible for the full amount of unauthorized activity resulting from the use of the Account including due to fraudulent activity or theft of the Card which occurs before you provide us with actual notification that the Card has been lost or stolen, provide necessary identification information, and we have been able to "deactivate" the Card on the applicable Card networks.

    3.10. No Responsibility for Purchased Goods/NxPay® Account .We are not responsible for any failure to supply or lack of suitability or quality of any goods or services purchased from any source using funds transfers authorized through your Account. You will settle directly between you and the merchant any dispute with respect to any such purchase using your Account.

    3.11. Limitations on Your Account .YourAccount will be subject to certain transaction limits (inclusive of all fees and charges as applicable). We reserve the right to impose additional limitations based upon internal fraud and anti-money laundering/Bank Secrecy Act policies. Additional transaction limitations and fees may be imposed by third parties in connection with the use of your Account.

    3.12. Periodic Information: You are entitled to receive periodic information regarding the use of your Account. Accountholders can choose to receive a copy of the following information:

    1. Account Statements (refer to Accountholder Service Fees schedule);
    2. Amendments to this Agreement, including and without limitation to, any changes in the Accountholder Service Fees set forth therein, or any other terms and/or conditions of use of your Account; and
    3. All other disclosure notifications and information relating to your Account, as well as the terms of your use of the Services.

    Discontinuance of Service: We may cancel, suspend or revoke your Accountor this Agreement at any time in the sole discretion, including for suspected fraud or illegal activity or prolonged Account inactivity. A suspension may be temporary or permanent. You may cancel your Account by contacting the customer service department of the Company. Our termination of this Agreement will not affect any of rights or obligations arising under this Agreement prior to termination. Once your Account is closed, cancelled or suspended, you may no longer use your Account. You must notify all third parties who may have preauthorized transactions against your Accountand have them redirect their transactions to another account. We may, in our sole discretion, honor or reject transactions to your Account following closure, cancellation or suspension, and we will have no liability to you for such actions. If for any reason we cease to provide services to your Accountand as a result your Accountis deactivated while the Accountholder still has a positive balance on your Account, then we will either (a) arrange for a new Accountissued by a different supplier to be issued to the Accountholder (subject to compliance with the supplier's card issuance requirements) or (b) advance a cash (or check) payment to the Accountholder for the remaining balance on your Account(subject to receipt of identification and return of the old card or account).

  4. Fees

    4.1 Fee Overview. You agree to pay all fees associated with your Account, including, but not limited to, those fees charged by the Company and the Merchant. The amount of fees are based on the type of transaction you are engaging in when using your Account and can be located on the Fee Schedule. All fees may be deducted from the funds on your Account. All Fees will be in U.S. Dollars unless otherwise stated.

    4.2. Service Charges. The unused funds left on your Accountwill be reduced by the amount of the current service charges for the services that are arranged through the use of your Account. In any event, you agree to pay all relevant service charges (including all transactions imposed by others in connection with your Account). Please see the service charge disclosure for current service charges. The service charges are subject to change from time to time by notice to the Accountholder or by posting the changes on our the Company’s websites.We reserve the right to hold funds.

    4.3. Card inactivity and Deactivation. If your Accountis inactive for any sixty (60) day period, a fee of $5.00 per month will be assessed until there are no remaining funds on your Account. Your Accountwill then be deactivated. This fee is in addition to the regular monthly fee. Your Accountcannot be reactivated.

    4.4. Non-Insured. You acknowledge that your Accountis not insured. Your Accountis issued by and all funds are held by the Company for processing only. Your Accountis not a bank held account. You acknowledge and agree that the balance in your Accountis not a deposit, does not bear interest and is not insured by any government agency. You acknowledge and agree that you may only transfer or redeem the value of your balance in accordance with the terms and procedures described in this Agreement, our Privacy Policy, and on-line at our websites.

    4.5. Redemption of Unused Funds .You will have eighteen (18) months from the date your Accountexpires to request a refund of unused funds. To obtain a refund, contact us at the addresses located on our websites. Upon receipt of written request, we will refund any unused funds remaining in the Services websites within thirty (30) days.

    4.6. Refund Policy. The Serviceswill only refund the balance of any funds remaining on your Account. An Accountholder can either remove the funds themselves to a bank account, normal fees would apply. You can email the Company’s customer service through the contract information on our websites and request a check be mailed to you at the registered address on the our websites. Customer service will validate the request and will require via email.

    4.7. Account Closure. Account can request that the their account to be closed by emailing client support or calling 503 513 9900. There is a 10.00 account closing fee payable at time of closing and is drawn off any funds that remain in the account. If there are funds balance the account holder can request a check be mailed for the reaming balance. There is a 5.00 service charge for issue a domestic U.S check. Once account is closed the data is stored for 5 years then is destroyed. If data is required a research fee will be applied based on best estimate of time and must eb paid in advance of any research work being performed. Please refer toyour fee table for the applicable research fee schedule.

    4.8. ATM Fees .There may be additional terms and conditions imposed by the ATM and POS network that will apply to use of the Card or Account beyond the scope of this Agreement.

    4.9. FX fees : On any funds movement to a unlike currency a Foreign transaction fee (FX) is applied. This fee will vary depending on time of day and the rate at time of transaction. There is a FX fee applied to each transaction by NX systems, this fee will vary based on the value of the transaction and currencies involved. This rate can vary from 2% -6 %

  5. Disputes

    5.1. Resolution Procedures. Except as otherwise provided by law, regulation, of Court Order, in the event you notify us via telephone of a suspected error related to your Account, we may require you to confirm the error in writing within ten (10) business days after verbal submission. It is your responsibility to confirm that we have received your written complaint within the required time period. Your failure to timely send written confirmation, and/or initially notify us, of the suspected error will result in the loss of claim.If you choose, we can send you, upon request, your Account history in writing. We must hear from you no later than ten (10) days after the transaction in question has occurred. When contacting us please provide:

    1. Your name and Account number;
    2. Date and amount of the transaction;
    3. Type of transaction and description of the error (Explain as clearly as possible why you believe it is an error and why you need more information);
    4. Dollar amount of the suspected error; and
    5. The location and time that the transaction took place.

    Within ten (10) business days after the receipt of notification, your claim will be investigated. Our decision to credit your Account for the disputed amount as a result of our preliminary determination does not necessarily entitle you to the funds, as a final determination may not be reached until forty-five (45) days after the receipt of your dispute. Within the forty-five (45) day investigation period, we will either (1) allow the credit for the disputed amount to remain on your Account; (2) credit your Accountfor the disputed amount, if not already credited; or (3) deny claim and, if applicable, we will deduct the amount previously applied to your Account. In the event we deny your claim, upon request we will provide you with a written explanation of our final determination.

    In the event of a Court Order or an investigation by a governmental agency prohibits us from in any way from following the Error Resolution Procedures in this Agreement, we will not be liable for failure to perform in the manner of and in accordance with this Section 4.1.

    5.2. Arbitration. You and the Company agree to arbitrate any and all disputes that cannot be resolved through the Error Resolution Process in Section 4.1. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitratoraccording to this provision and the applicable arbitration rules for that forum in which the websites are located. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any dispute, the prevailing party will pay all the arbitration fees. For purposes of this arbitration provision, references to you and the Companyalso include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

  6. Liability

    6.1. Failure to Complete Transactions: It is our intent to complete transactions in a timely and efficient manner. However, circumstances beyond our control may result in our inability to complete transactions in a timely manner and therefore we will not be liable. These circumstances include, but are not limited to, the following:

    1. If, through no fault of ours, you do not have enough money in your Account to make a transfer;
    2. If the loss is caused by misuse of the Services in any fashion;
    3. Natural disaster, fire, flood, and/or communication, system, and/or computer failure;
    4. You report your Card lost/stolen and access to funds have been blocked by your actions and/or inaction;
    5. A merchant refuses to accept your Card or your Account;
    6. A hold is placed on your Account for any reason;
    7. An act of government, police investigation, encumbrance, legal process, and/or court order; and
    8. Other unforeseen circumstances not specifically listed above.

    In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages, even if you advise us of the possibility of such damages.

    6.2. Limited Liability . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANYBE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM CHARGEBACKS, HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    6.3. No Warranties .We make no representations or warranties of any kind with respect to the Servicesand/or performance of the Services, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. the Company does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the Servicesin terms of correctness, accuracy, reliability, correctness, or otherwise. The entire risk as to the results and performance of your Account is assumed by you. The Company shall not be liable to you for any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming conditions, the use of the Services, the unavailability of the Servicesor for any other breach of contract or duty between the Company and you. The Company shall have no obligation to provide the Servicesand shall have no liability to you in the event it is unable, as may be determined in the sole discretion of the Company, to provide the Services, change the Services, which make the Servicesunsuitable to you. We are not responsible for the delivery, quality, safety, legality, or any other aspect of or any claims you might have regarding any goods or services you purchase with the Services. From time to time due to circumstances beyond control, including but not limited to system failures, fires, natural disasters or other acts of God, services may be inoperative, and when this happens, you may be unable to obtain information about the Services, or use the Services to pay for purchases, withdraw funds or load funds. We will not be responsible or liable if this happens.

    6.4. Buyer Beware .The Company assumes no responsibility for any purchases made or received through the Serviceswebsites. Anytime you use the Servicesor provide any money to use the Services, you are doing so at your own risk, and by utilizing the Services, you do hereby agree in full that you release the Company and all of its affiliates and officer, employees, and member from any loss that you may incur either by using the Servicesor registering as an Accountholder.

    6.5. Indemnity . You completely indemnify and waive all rights to file or have filed, any legal action of any type against the Company, its owners, officers, or member, employees and affiliates, and agree that its officers, affiliates, members, and employees will not be name by you or any person law firm, lawyer, former lawyer, that represents you in any legal actions past, present or future or any other actions of any sort in any court in any country and that you or anyone that represents you shall never seek monetary reimbursement from the Company in any shape form or fashion, in any capacity due to processing payments. If you have a disagreement with any type of business that is affiliated with the Company, you agree that the Company is no part of the dispute and that dispute is strictly between you and that business.

    6.6. No Guarantee . There is no guarantee of refunds or chargebacks once you have loaded money onto the Company’s websites. This is true regardless of if the Servicesdo not turn out to be now what you thought it was or if a business or merchant does not hold up to their promises. In the event of a dispute, sole remedy is to follow the dispute resolution procedures identified in Section 4.2 of this Agreement.

    6.7. Chargebacks and Associated Fees . You agree you will notunder any circumstances initiate a chargeback (the return of funds to you, forcibly initiated by your issuing bank, account, or credit/debit card issuer) and expressly acknowledge and agree to waive all rights under any associated card association rules to the extent allowed by law. If you do initiate a chargeback, then your Account will be immediately limited and you will be charged a $25 non-refundable penalty fee. In addition, in the event a chargeback is initiated by you, the Company will retrieve the funds in question from your Account. Further, you authorize the Company to retrieve any disputed funds by bank transfer to recover any chargeback funds in addition to the $25 penalty fee. In the event of a dispute over funds, your sole remedy is arbitration in accordance with and in the manner specified in Section 4.2 of this Agreement.

  7. Miscellaneous Provisions

    7.1 Entire Agreement . This Agreement constitutes the entire agreement between you and us with respect to the Services. This Agreement will be governed by the laws of the United States and, where applicable, by the laws of the State of Oregon, whether or not you live in Oregon or use the Servicesin the state of Oregon. If any provision of this Agreement is determined to be unenforceable under applicable law, the other provisions of this Agreement will remain valid and enforceable. We may amend or change the terms of this Agreement at any time. We can implement such change without prior notice. If we do not enforce our rights under this Agreement in one situation, we are not giving up our rights to enforce such right or other rights at a later time. Your rights and obligations under this Agreement may not be assigned. We may assign your rights under this Agreement. Except as otherwise provide in this Agreement, the Servicesare subject to all applicable rules of any ACH, Payment Network or other association involved in the transactions initiation under this Agreement.

    7.2 Amendment to Agreement. We may change the provisions of this Agreement and the service charges from time to time. If you use the Servicesafter we post a notice or make changes to this Agreement, you are deemed to have accepted the changes as of the effective date set out in the notice or Agreement.

    7.3. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. The Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

    7.4. Unclaimed Property . In the event you have a Card associated with the Services, it is subject to unclaimed property laws where the card has been registered, or the laws of the state where we are located/incorporated if the card is not registered. Should the Card have a remaining balance after a certain period of time, we may be required to remit remaining funds to the appropriate international, federal, or state agency