KliknPay Electronic Payment Authorization Service - Terms and Conditions

Effective June, 2016

You are agreeing to the terms or this Authorization Agreement for Electronic Payments (the “Agreement”), including the provisions in Section 1, Electronic Agreement and Communications. This Agreement is executed between Klik Technologies (a division of Checkalt) (“we”, “our”, “us”) and you (“you”, “your”).

Preliminary Statement

Example provides electronic payment services via its Website. This Agreement describes the terms and conditions under which Klik Technologies will provide you with access to and use of Klik Technologies KliknPay online payments service (the “Service”) which will enable you to make electronic payments to Klik Technologies(“Designated Payments”).

1. Electronic Agreement and Communications – You are agreeing to enter into this Agreement electronically, and that its terms shall have the same legal validity and force as if set forth in writing. You further are confirming that you have downloaded or printed a copy of this Agreement for your records. You consent and agree that:
   1. Any notice, record or other type of information that is provided to you in connection with the Service, such as disclosures, change in terms notices, our Privacy Policy, fee schedules, transaction notices and alerts, such as notices of transactions no completed, or any other type of notice (each, a “Customer Notice”), may be sent to you electronically by either posting the information at our Web site or sending it to you by email.
   2. We will not be obligated to provide any Customer Notice to you in paper form. Your consent to receive Customer Notices electronically remains in effect until you withdraw your consent or discontinue or terminate the Service with us. You may withdraw this consent to receive electronic delivery of Customer Notices, or request a paper copy of a Customer Notice, by emailing us or writing to us at the addresses indicated below. We may elect to terminate the Service with you if you choose to receive Customer Notices in paper or non-electronic form.
      
      Klik Technologies
      PO Box 10128
      Newark, NJ 07102-3128
      customercare@CheckAlt-Klik.com
      (877) 554-5266
      
      
   3. You must provide a valid email address and keep your email address current with us to ensure that Customer Notices can be delivered to you if you have selected recurring payments. To make changes to your email address, enter your current email address, and click the Update button.
   4. In order to receive Customer Notices online, you must maintain computer hardware and software of sufficient capability to be able to access and retain them electronically. You must have your own internet service provider, and your browser must support the Secure Sockets Layer (“SSL”) protocol. SSL provides a secure channel to send and receive data over the Internet through encryption capabilities. For example, Microsoft Internet Explorer 8.0 and above supports this feature. You will also need either a printer connected to your computer to print disclosure/notices or sufficient hard drive space available to save the information. To download pdf versions of Customer Notices, you will need Adobe Acrobat or compatible software installed on your computer.
2. License – During the term of this Agreement, Klik Technologies grants you a non-exclusive, non-transferable, limited license to use the Service when it is generally available.
3. Usage – You shall not provide access to the Service to any other party and will take reasonable precautions to safeguard your assigned user password and keep it confidential. You shall use the Service for legitimate purposes only. You shall provide at your own expense all telephone lines, internet connections and equipment needed to access the Service.
4. Authority to Debit Account, Electronic Transfers – When you use the Service, you agree to provide Klik Technologies with your bank account information and hereby authorize Klik Technologies to debit the account in order to pay your Designated Payments. You agree to maintain balances sufficient to pay such bills and that Klik Technologies is not liable for any overdraft or insufficient fund situation or change caused by your failure to maintain funds sufficient to pay all payments issued through the Service.
   
   When you authorize a payment to be made through the Service, you are requesting an electronic fund transfer from your bank account, credit card or debit card. When making such a pre-authorized payment, the Service will make electronic transfers via the Automated Clearing House (“ACH) system from your bank account or from your credit or debit card via Card clearing networks, in the amount you specify or that is specified by the billed amount due when you authorized that billed amount to be taken. Klik Technologies provides certain protections against unauthorized withdrawals from your bank account under the terms of the Electronic Funds Transfer Rights and Error Resolution Policy.
5. Changes to Klik Technologies’s Service and the Agreement – Klik Technologies reserves the right to change the Service and the Agreement, including fees, from time to time. If we intend to make material changes to the Service and/or this Agreement, we will attempt to provide you with prior notice of any material changes sent to your most current email address on record with us. We also will post the changed terms on our site.
6. Electronic Bills – To the extent available online, Klik Technologies will deliver to you via the Service, invoices for amounts due to Klik Technologies, if any. You hereby authorize Klik Technologies to utilize servers to store and access information and other data submitted by you that is related to your account(s) with Klik Technologies, in order to support and provide the Service.
7. Consumer Liability – TO THE EXTENT THAT A PAYMENT INITIATED THROUGH THE SERVICE IS AN ELECTRONIC FUNDS TRANSFER AS DEFINED IN THE REGULATION E (“REG E”) IMPLEMENTING THE ELECTRONIC FUNDS TRANSFER ACT, SUCH A PAYMENT SHALL BE SUBJECT TO THE CONSUMER BANKING REGULATORY PROTECTIONS DESCRIBED IN REG E AND THE KLIK TECHNOLOGIES KLIKNPAY ONLINE BILL PAMENT SERVICES PLAFORM ELECTRONIC FUNDS TRANSFER RIGHTS AND RESOLUTION POLICY. THESE DISCLOSURES WILL NOT APPLY TO PAYMENTS THAT ARE NOT ELECTRONIC FUNDS TRANSFERS.
   
   Tell us at once if you believe you password has been lost, stolen or used (or may be used) or that a payment has been or may be made without your permission. Contact information for Klik Technologies is as follows.
   
   Klik Technologies
   PO Box 10128
   Newark, NJ 07102-3128
   customercare@CheckAlt-Klik.com
   (877) 554-5266
   
   
8. Term and Termination – This Agreement shall remain in force until terminated by either party upon no less than thirty (30) days prior written notice of termination to the other party or as otherwise provided in our Electronic Funds Transfer Rights and Error Resolution Policy. Notwithstanding the foregoing, if either party breaches a material provision of this Agreement, then upon delivery of written notice, the other party shall have the right to terminate this Agreement immediately.
9. Limitation of Liability – Except as otherwise provided in the Electronic Funds Transfer Rights and Error Resolution Policy, Klik Technologies as well as any third party that helps to facilitate the Service on its behalf, shall not be liable for any losses or damages which arise as a result of your use of the Service, including, without limitation, incidental, special or consequential damages under any theory of liability, except for actual damages incurred as a direct result of Klik Technologies’s negligence.
10. Incorporation by Reference – The following policies (showing their last updated date) are incorporated into this Agreement by reference and provide additional terms and conditions related to the Service we offer.
    • Electronic Funds Transfer Rights and Error Resolution Policy (effective as of February, 2016)
    • Privacy Policy (effective as of February, 2016)
    Each of these policies may be changed from time to time. When using our Service, you agree that you are subject to any policies or rules which are posted in conjunction with the Service. All such posted policies or rules are incorporated by reference into this Agreement.
11. Indemnification – You agree to indemnify and hold harmless Klik Technologies and all third parties that help to facilitate the Service on its behalf, including affiliates, subsidiaries, parent companies, officers, directors and employees thereof, harmless from any claim or demand (including attorneys fees) made or incurred by Klik Technologies or any third party due to or arising out of your breach of the Agreement or the documents incorporated by reference, or your violation of any law or the rights of a third party relating to your use of the Service.