Terms and Conditions - Electronic Communications Consent and Payment Authorization
These terms and conditions are an agreement between the Black Community Development and Chamber of Commerce of Arkansas ("BCDCCA", "Company", "we", "us", and "our") and the person remitting payment to the Company ("you" and "your"). These terms and conditions apply to the web payment services ("Services" or "Service") we provide you to make payment to us by Automated Clearing House ("ACH") debit entry or charge to your debit card or credit card ("Card") for amounts you owe us and outline important conditions that apply to your using such Services. A. Electronic Communications Consent
1. Agreement. In order to use our Services, you must consent to the use of electronic signatures and electronic records for all transactions using the Services and for all agreements, disclosures, notices and other communications relating to those transactions (all of which are referred to in this consent as the "Documents"). By checking the box below, you acknowledge, certify and agree as follows: a. You have read, understand and agree to all of the terms of this Electronic Communications Consent (the "Consent"). b. You can access the Documents in the electronic form described in the Consent. c. You affirmatively consent to the use of electronic signatures and electronic records. d. You have an active email account.
2. Hardware and Software Requirements. To access and retain electronic records of the Documents, you must use computer hardware and software that meets the following requirements: a. A Current Version (defined below) of an Internet browser we support; b. A connection to the Internet; c. A Current Version of a program that reads and displays PDF files (such as Adobe Acrobat Reader); and d. A computer or mobile device with an operating system capable of supporting all of the above. By "Current Version," we mean a version of the software that we support and that is currently being supported by its publisher. To print or download electronic records of the Documents, you must have a connected printer or sufficient space on a long-term storage device.
3. Withdrawing Your Consent. You may withdraw your consent to this Consent and the electronic delivery of Documents at any time by calling or writing us using our information on the "Contact Us" page. You will not be charged a fee for withdrawal of your consent. A withdrawal of your consent does not become effective until we have received and have had a reasonable period of time to implement it. A withdrawal of your consent does not affect the legal effectiveness, validity or enforceability of any transactions, electronic signatures or electronic records of any Document entered into, provided, or made available before that withdrawal becomes effective.
4. Obtaining Copies of Documents. You may obtain a paper copy of any Document by calling or writing us using our information on the "Contact Us" page and requesting a paper copy within the longer of (i) 12 months after the date the Document was first made available to you electronically or (ii) the time given to you by applicable law. There is no charge for paper copies.
5. Updating Your Contact Information. You must notify us of any change in your email or physical mailing address by calling or writing us using our information on the "Contact Us" page. If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any Document shall nevertheless be deemed to have been provided to you if it was made available to you in electronic form on our website or emailed to the email address we have for you in our records.
B. Payment Authorization
1. One-Time Authorization. By checking the box below, you authorize us to initiate a one-time ACH debit entry or Card payment to your account you identified as your Payment Method (the "Account") in the amount of the Total Payment on or after the Payment Date.
2. Erroneous Instructions. If we receive a payment instruction authorized by you and the instruction is erroneous in any way, we shall have no obligation or liability for the error. You authorize us to electronically debit or credit your Account to correct any erroneous payment. If there is any missing or erroneous information regarding your Account, you authorize us to verify and correct the information.
3. Transaction Limitations. Please be aware that certain types of accounts have limits on the numbers of transfers or withdrawals that may be made per month. Your financial institution may refuse transfers which would exceed such limits, so we recommend you check with your financial institution to determine what limitations are imposed on withdrawals from your Account. If we are not able to obtain payment from your Account in the amount required to cover an authorized payment and any fees, you agree that you are precluded from making any claim against us regarding such payment, we are not liable for any losses caused by the failure to make the payment, and you will indemnify us for any losses we incur regarding such failure. We have no obligation to try to obtain payment from your Account for a specific payment more than once.
4. Authorized Users. You represent to us that you are authorized to use this Service to make payment to us from your Account, even if your Account otherwise requires two or more signatures for withdrawals or has other limitation on withdrawals.
5. Business Days. Our business days are Monday through Friday, excluding legal holidays.
6. Returned Payments. If your payment is returned unpaid for any reason, you are responsible for payment of the amount you owe by the due date by other means we make available to you. If your payment is returned unpaid for any reason, and you have separately agreed to pay a returned payment fee to us in such instances, we may require you to pay us such a returned payment fee and you authorize us to make a one-time electronic fund transfer, or Card payment, from your Account to collect that fee in the amount disclosed to you in that separate agreement between us. If any payment is not satisfied by your financial institution for any reason, we may re-attempt to obtain payment of each amount as permitted by payment network rules.
7. Revocation of Payment Authorization. You understand that this authorization will remain in full force and effect until you notify us that you wish to revoke it. You understand that you must notify us at least three business days before we initiate a payment in order to revoke the scheduled payment. In order to notify us that you wish to revoke a scheduled payment, you must call or write us using our information on the "Contact Us" page and request cancellation. If you revoke a scheduled payment, you are responsible for making your payment of the amount you owe us by the due date by another payment method we agree to accept from time to time.
8. Miscellaneous. You agree that ACH transactions you authorize must comply with all applicable laws. If you are a business, you agree to be bound by the National Automated Clearing House Association (NACHA) Operating Rules. You acknowledge your bank account is a legitimate, open, and active account and that you are an authorized signatory on such Account.