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BandPay – User Agreement

Welcome to BandPay.

This agreement (“User Agreement”) is a legally binding contract between you and BandPay, and governs your use of your BandPay account and all products, services, content, features, technologies, functions, applications and services offered by BandPay (collectively, “BandPay’s Services”). You must be in the United States and have a U.S. Bank account to use BandPay’s Services.

By using BandPay’s Services, you expressly agree to comply with all the terms and conditions in this User Agreement, as well as each of the other agreements and policies posted on BandPay’s website, as amended from time to time, including an agreement to resolve all disputes by arbitration on an individual basis.  BandPay may amend this User Agreement from time to time, without notice, and any revisions will be effective immediately upon posting. By continuing to use BandPay’s Services after any changes to this User Agreement become effective, you agree to be bound by those changes. If you do not agree with any changes to this User Agreement, you may close your account.

Opening a BandPay Account.

In order to open a BandPay account, you must be a resident of the United States or one of its territories, be at least 18 years old, and have a cellular/wireless telephone number that you own and/or are authorized to use. Be sure to keep your BandPay credentials confidential.

You can link or unlink your BandPay account to a debit card, credit card, or a U.S. bank account as a payment method. Please keep your payment method information current.  To hold a BandPay balance and to use money sent to you from BandPay transactions, BandPay must verify the required identifying information you provide, including your name, physical address, date of birth, and social security number.  You authorize BandPay, directly or through third parties, to make any inquiries BandPay may consider necessary to verify your identity. If you provide us your mobile phone number, you agree that BandPay or its service providers may contact you at that number using autodialed or prerecorded message calls or text messages to service your BandPay account, investigate or prevent fraud, or collect a debt. Communications electronically delivered will be considered received twenty (24) hours after being posted to BandPay’s website or emailed. Communication sent by mail are considered delivered three (3) business days after being mailed.

Adding Money to Your Account.

Once the required identifying information has been verified, BandPay may offer you the ability to transfer money to your BandPay account from a linked bank account.    Verification of the required information is a required first step.  Absent verification, no money can be added to your account.  Keep in mind, you may use the payment methods linked to your BandPay account to fund transactions.  Accordingly, you do not need a balance in your BandPay account to send money or complete a transaction.

Money in your BandPay account may be transferred to a bank account linked to your BandPay account.  At times, you may be required to provide us with additional information and/or documentation to verify your identity. BandPay may limit your account and your access to money until verification is completed.  If you use your bank account as a payment method, you are allowing BandPay to initiate a transfer from your bank account in the amount you authorize and BandPay will try this transfer again if the initial transfer is rejected by your bank for any reason.  Any money sent to you through BandPay that has not yet been transferred represents an unsecured claim against BandPay and is not insured by the Federal Deposit Insurance Corporation (FDIC). BandPay payments and purchases can be made either public or private, and you can change your privacy settings for individual payments in your BandPay account settings.

BANDPAY SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE BANDPAY TO TRANSACT WITH PEOPLE YOU DO NOT KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR A SERVICE.

BandPay’s Service Fees.

BandPay charges a per transaction service in an amount of either eight percent (8%) of the transaction or ten dollars (U.S. $10.00), whichever is greater (“Transaction Fee”).  The Transaction Fee is charged to the seller, or recipient of the payment. The buyer, or sender of the payment, is not charged a Transaction Fee.  The Transaction Fee is non-refundable.  In the event that a transaction is reversed, denied or otherwise unwound, the intended transaction will be returned to the sender, minus the Transaction Fee.

By using BandPay’s Services, you agree to the Transaction Fee.    BandPay’s fees may change from time to time in its sole discretion.

Closing Your BandPay Account.

An account can be closed by you at any time, except in certain express cases outlined herein, including: (i) to evade an investigation, (ii) if you have a pending transaction, (iii) if you owe amounts to us, and (iv) if your BandPay account is subject to a hold, limitation, reserve or other related activity. Even after an account is closed, you will remain liable for all obligations related to your BandPay account including any pending or incomplete transaction.  All money in your BandPay account must be transferred before closing the account.  BandPay may, at its discretion, impose limits on the amount and/or the number of payments you can send and receive.

If you do not log in to your BandPay account for two or more years, BandPay may close your account and send your funds to your primary address or escheat your funds to your state of residency. If your address is unknown, any of your funds held in BandPay’s possession will be escheated to the State of Florida. Where required, BandPay will send you a notice prior to escheating any of your funds.

BandPay’s Monitors All Transactions; Prohibited Activities.

Payments may be invalidated and reversed by BandPay if, among other reasons and without limitation, the payment was sent to you in error, the transaction was declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violate this User Agreement, any other agreement with BandPay or violate the law.  As the sender or recipient of a payment that is later invalidated for any reason, you may be liable for the full amount of the payment and BandPay may recover the payment (plus any fees) from you. BandPay may recover the amount of the payment from either the sender or the recipient of an invalidated payment in its discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank cannot cover the payment due to a lack of funds, BandPay may hold you liable for the payment.  If, in that scenario, you were the recipient of an unfunded payment, BandPay may reverse that payment from your account to cover the liability.  When recovering the amount of an invalidated payment from you, BandPay may apply any money sent to you, request that you add money to your account, or engage in all lawful collection efforts.

Under certain circumstances, holds or limitations may be implemented to help protect BandPay and its users (including you) if BandPay notices activity that appears unusual or suspicious, including, for example, if BandPay suspects someone could be using your BandPay account without your knowledge.  If BandPay is notified of a court order or other legal process, BandPay will decide, in its sole discretion, which action is required. BandPay does not have an obligation to contest or appeal any court order or legal process involving you or your BandPay account. Furthermore, if you believe your BandPay login information has been lost or stolen, or an electronic fund transfer has been made without your permission, you must contact BandPay customer service immediately. You must inform BandPay within sixty (60) days after you are provided with your BandPay account statement showing a transfer that you did not make in order to be eligible for protection from an unauthorized transaction.

In connection with your use of BandPay’s Services, you cannot: create or control more than one personal account; provide false, inaccurate or misleading information; use your BandPay account to conduct transactions for illegal goods or services; send or receive fraudulent payments; refuse to cooperate in an investigation; refuse to provide confirmation of your identity; obtain a cash advance from your credit card (or help others to do so); or access BandPay’s Services from outside the United States.  You may not disclose or distribute any information about BandPay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a BandPay customer or use BandPay’s Services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

Further, restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your BandPay account. Restricted transactions generally include, but are not limited to, transactions in which funds are transferred or accepted by gambling businesses in connection with unlawful Internet gambling.  In addition, if you violate any law, statute, ordinance, or regulation; infringe BandPay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that is defamatory, libelous, threatening or harassing to BandPay or a related third-party; detrimentally interfere with, or gain unauthorized access to any system, data, etc.; or if BandPay believes that you have engaged in any of these activities, BandPay may take any number of actions to protect itself, its customers and others, at any time, in BandPay’s sole discretion, including but not limited to terminating your account, holding money in your account if reasonably needed to protect against the risk of liability, or taking any legal action against you.

BandPay, reserves the right to suspend or terminate your account, access to BandPay’s Services, website, software, etc., for any reason and at any time.  BandPay’s failure to act with respect to a breach of any of your obligations under this User Agreement does not waive BandPay’s right to act with respect to subsequent or similar breaches.  As security for the performance of your obligations under this User Agreement, you grant BandPay a lien on, and security interest in and to, money in your BandPay account and any other funds held in its possession.  BandPay may deduct amounts owed to it, in whole or in part, from money that is sent to your BandPay account later, either by you or from payments sent to you. While you owe amounts to BandPay, it may also reverse payments you have sent and/or engage in collection and other efforts to recover such amounts from you.  If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, BandPay will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this User Agreement.

BandPay’s Referral Program.

BandPay aims to reward it loyal users through its referral program.  You can earn BandPay Bucks (“BandPay Bucks”) for every friend that you refer to BandPay.  You will be provided with a either a referral code or personnel referral link.  When someone uses your code or clicks your link and joins Band Pay and utilizes BandPay’s Services, BandPay will credit your account with five BandPay Bucks (U.S. $5.00).  The BandPay Bucks have no cash value, and can only be used towards future Transaction Fees.   BandPay will only issue one BandPay Buck award for each qualifying new user.  Users can secure multiple BandPay Bucks for referring different new users, and may collect BandPay Bucks in their account for offset against future Transaction Fees. BandPay reserves to limit or refuse the use of any BandPay Bucks at any time in its sole discretion. The recipient of the BandPay Bucks assumes all sales/use tax liability.  BandPay reserves the rights to change its Referral Program without advance notice.

Disputes Between Users.

BandPay aims to create and forge a community of trust and respect among its users.   We understand however that disputes among our users may arise from time-to-time.   With the objective of expeditiously resolving all such disputes without resort to a formal legal process, BandPay offers its users to have their dispute adjudicated by BandPay or one of its third-party designee or assigns (“BandPay Resolution Procedure”).  In the event that both users wish to participate in the BandPay Resolution Procedure, the party that initiates the dispute will be charged a non-refundable, administrative fee in the amount of fifty dollars (U.S. $50.00).  Thereafter, the users must submit all of their supporting evidence, together with a short description of the dispute from their vantage.  Thereafter, BandPay or its designee or assigns will render a decision.   The users agree that the decision rendered by BandPay or its designee/assigns is to be legally binding and that, upon issuing its decision, BandPay may direct the disputed fee, in whole or in part, to the user deemed to be held in the right, as well as charge an additional transaction fee in the event that the parties agree to increase the original amount of the transaction.

Your Indemnification of BandPay.

You agree to defend, indemnify and hold BandPay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this User Agreement, your improper use of BandPay’s Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your BandPay account.  If you have a dispute with a BandPay account holder, you release BandPay from any and all claims, demands and damages (actual and consequential) of every kind, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

All users of the BandPay Resolution Procedure agree to defend, indemnify and hold BandPay, as well as its designated designee/assign, harmless from its exercise of discretion in adjudicating a dispute among users.

BandPay’s Limitation of Liability.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, BandPay is not liable, and you agree not to hold BandPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, profits, other intangible losses or any special, indirect, consequential or punitive damages) resulting directly or indirectly from, among other things: your use or inability to use BandPay’s Services; delays or disruptions in BandPay’s Services; viruses or other malicious software obtained by accessing BandPay; the content, actions, or inactions of third parties; a suspension or other action taken with respect to your BandPay account; or your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or policies.

You may not transfer or assign any rights or obligations you have under this User Agreement without BandPay’s prior written consent. BandPay may, however, transfer or assign this User Agreement or any right or obligation under this User Agreement at any time.

BANDPAY SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BANDPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Arbitration of All Claims.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.

The forum for arbitration shall be in Miami-Dade County, Florida, and you hereby agree to waive all challenges to jurisdiction and venue. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings, except if BandPay reasonably believes that you have in any manner violated or threatened to violate its intellectual property rights.  In that event, BandPay may seek injunctive or other appropriate relief in any court of competent jurisdiction. The laws of the State of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and BandPay regarding your use of BandPay’s Services.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST BANDPAY AND/OR RELATED THIRD PARTIES.