MEMBERSHIP AGREEMENT
Terms and
Conditions
By enrolling in the service (the "Service"), an
individual becomes a "Member" and a "Client" and agrees to
be bound by the terms and provisions of this "Membership
Agreement".
The
Member agrees to and accepts the terms and conditions of each of the paragraphs
below:
1.
The Member represents that he/she has read and agrees to all of the terms of
this Membership Agreement. The Member warrants and represents that he/she (i)
is over 18 years of age, (ii) is using a valid US bank account, and (iii) is
authorized to use the bank account as stated in this Membership Agreement.
2.
The following transactions, fees and charges may be incurred by the Member:
a) Trial subscription fee: Member is aware and agrees that the trial
subscription fee is a promotional subscription fee (an amount less than the
regular subscription fee ) and that the Member’s checking account will be
billed the full subscription fee at the end of the promotional period and then
periodically in accordance with the then-current billing terms for the
membership (s).
b)
Regular subscription fees: The Member is responsible for paying periodic
subscription fees according to the then-current billing terms of each site.
Members may cancel their membership at any time by giving at least 72
hours notice to the Service Provider. Notice needs to be provided in
ample time to cancel recurring billings. Member’s username and password
will remain valid until the then-current membership period has expired, unless
otherwise requested. Cancellation will prevent future billing of recurring
membership fees. Initial sales are final.
c)
Micro debit / credit. Member authorizes
Service Provider to periodically perform a micro debit / credit to Members bank
account to aid in validation and as a velocity control. Micro debit / credits are for amounts under one dollar.
d)
Canadian ACH transactions: The Member is responsible for paying US
dollar-denominated pricing in Canadian dollars when using a Canadian bank account
to make purchases via the Service Provider. Member agrees that a currency
exchange conversion at Service Provider's discretion. Member understands
and agrees that all pricing is reflected in US dollars. Member agrees to
bear any burden of changes in exchange rates on recurring transactions.
3. Member agrees that the Service Provider has the right to (i) change hours of
service at any time and (ii) terminate the Service to any member without cause
or prior notice. The Service Provider may also terminate the Service to any
Member in response to a breach of this Membership Agreement by the Member. NO
refund will be provided to a Member when Service Provider terminates Service to
a Member.
4.
Unless and until this Membership Agreement is cancelled in accordance with the
terms hereof, Member hereby authorizes the Service Provider to debit Member's
checking and or savings account, as indicated by the Member, to pay the
subscription fees and any other ongoing cost of membership. Member’s membership
may not be assigned or transferred to any other person or entity. Member must
promptly inform the Service Provider of the following: (i) changes to the
account information used in connection with this agreement; (ii) changes in
home or billing address(es); and (iii) apparent breaches of security, such as
loss, theft, or unauthorized disclosure or use of an ID or password. Until the Service
Provider is notified by electronic or conventional mail of such a breach of
security, the Member will remain liable for any unauthorized use of his/her
membership. The Service Provider disclaims and the Member agrees to indemnify
and hold the Service Provider harmless from any and all damage or loss arising
from a breach of security.
5. Payment Methods.
Member
authorizes single and/or recurring payments to be made (a) thought the use of
the ACH network, and (b) through the use of a paper draft.
(a)
(a)
ACH Authorization: If your payments are made by ACH/electronic debit you agree
to the following: Recurring payments will be made automatically on or after the
completion of the initial period relating to
your first payment. The authority you give Service Provider to charge
your account with an ACH debit will remain in effect until you notify us as
required in the CANCELLATIONS section of the
Terms and Conditions. If the amount of
your payment changes, we will notify you at least 10 days before payment date
using the e-mail address we have on file. Should your payment be returned for
non-sufficient funds (NSF), we reserve the right to re-deposit the payment up
to 2 times in accordance with banking rules and regulations. Returned items
such as NSF (insufficient funds), bank account closed, invalid account number,
etc. are subject up to a $25 dollar handling fee, payable to Service Provider
which may (i) be electronically debited through the ACH network for collection,
(ii) processed through the banking system as a paper draft or (iii) passed on
to a collection agency.
(b)
(b)
Paper Draft: If your payments are made by paper draft you agree to the
following: Recurring payments will be made automatically on or after the
completion of the initial period relating to
your first payment. You authorize Service Provider to print paper drafts
in your name made payable to Service Provider. This authority will remain in
effect until you notify us as required in the CANCELLATIONS section of the
Terms and Conditions. Should your paper draft be returned for non-sufficient
funds (NSF), we reserve the right to re-deposit the payment up to 2 times in
accordance with banking rules and regulations. Drafts returned for NSF
(insufficient funds), account closed, invalid account number, or any other
return reason are subject up to a $25 dollar handling fee, payable to Service
Provider which may (i) be electronically debited through the ACH network for
collection, (ii) processed through the banking system as a paper draft or (iii)
passed on to a collection agency.
(c)
(c)
Pre-notifications: Service Provider will attempt to validate Member's bank
account by sending a pre-notification to the Member's bank or financial
institution in advance of an actual debit. Member's who sign up for free trials
and cancel their membership before the free trial converts to a paid
subscription are still subject up to a $25 handling fee if the pre-notification is
returned indicating that the bank account information the Member provided is
invalid or fraudulent.
The
Member’s subscription will automatically renew for an additional subscription
period upon expiration of the then current subscription unless otherwise
mutually agreed to in advance. This includes any trial memberships that
automatically renew to a regular monthly membership unless stated otherwise.
The Member’s failure to pay all amounts owed to Service Provider may result in
the following: (i) imposition of all additional Service Provider charges and/or
damages allowed under applicable law, (ii) assignment of the Member’s account
to a third party collection agency to pursue collection of all amounts owed,
and (iii) pursuit by the Service Provider of any and all additional damages
allowed under this Membership Agreement and at law or in equity.
Notwithstanding anything else contained herein and in addition to all other
remedies available to Service Provider hereunder, at law or in equity, Customer
shall be liable to Service Provider for: (i) all costs associated with
collecting the amounts due to Service Provider, including attorneys’ fees, and
(ii) interest on amounts due to Service Provider which shall accrue at the
lower of the rate of 10% or the maximum rate allowed by law from the date such
amounts are originally due, or in the case of a dishonored or returned
electronic debit, from the date of dishonor or return.
PASSWORD AND ACCESS PROBLEMS
6.THE MEMBER MAY NOT BE ABLE TO ACCESS HIS/HER SELECTED SITE WITH THE MEMBER’S
CURRENT USERNAME AND PASSWORD BECAUSE OF ONE OF THESE COMMON REASONS:
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1: THE MEMBER’S ACH DEBIT WAS REJECTED
2: THE MEMBER’S BANK ACCOUNT OR CHECK EXPERIENCED PROBLEMS
3: THE MEMBER DID NOT USE CASE SENSITIVE CHARACTERS
4: THE MEMBER FAILED TO ACTIVATE HIS/HER ACCOUNT
5: THE MEMBER’S PASSWORD WAS DELETED BECAUSE OF OVERUSE OR MISUSE AND NEEDS TO
BE REISSUED
6: THE MEMBER COULD HAVE MIS-INPUT A ZERO FOR THE LETTER "O"
7: THE MEMBER COULD HAVE MIS-INPUT THE NUMBER "1" FOR THE LETTERS
"I" OR "L"
8: THE MEMBER’S "CAPS LOCK" KEY MIGHT HAVE BEEN ENGAGED
9: THE SERVICE PROVIDER COULD NOT CONFIRM THE MEMBER’S STATUS WITH THE LIMITED
DATA GIVEN.
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TO RETRIEVE A USERNAME/PASSWORD COMBINATION THAT THE MEMBER HAS FORGOTTEN, THE
MEMBER CAN USE THE PASSWORD UTILITY.
IF
THE MEMBER’S PASSWORD HAS BEEN DELETED INADVERTENTLY, DO NOT PANIC!
THIS IS AN UNCOMMON PROBLEM. THE
MEMBER SHOULD CONTACT A SUPPORT REPRESENTATIVE WHO WILL ASSIST THE MEMBER AND
ADJUST THE MEMBER’S ACCOUNT. THE MEMBER MAY CONTACT THE WEBMASTER OF THE WEB
SITE THAT THE MEMBER JOINED OR SUPPORT DEPARTMENT. THE
WEBMASTER’S EMAIL ADDRESS CAN BE FOUND ON THE WEBSITE THAT THE MEMBER
JOINED. THE MEMBER SHOULD BE PREPARED TO PROVIDE THE FOLLOWING INFORMATION:
1:
SITE NAME
2: ORDER NUMBER
3: MEMBER’S COMPLETE NAME
4: USERNAME
5: PASSWORD
6: EMAIL ADDRESS
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ONCE THE MEMBER’S STATUS AS AN ACTIVE MEMBER IS CONFIRMED, THE MEMBER’S CORRECT
USERNAME AND PASSWORD WILL BE E-MAILED BACK TO THE MEMBER.
IF AFTER RECEIPT OF THE CORRECT USERNAME/PASSWORD COMBINATION, THE MEMBER STILL
HAS DIFFICULTY ACCESSING THE SITE IN QUESTION, THE MEMBER SHOULD EMAIL THE SERVICE
PROVIDER DIRECTLY AND THE SERVICE PROVIDER WILL INVESTIGATE THE PROBLEM.
THE
SERVICE PROVIDER DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY AND ALL
LIABILITY, LOSS OR DAMAGE ARISING DUE TO ERRORS AND/OR MALFUNCTIONS EXPERIENCED
BY ANY PARTICULAR WEBSITE.
7.CANCELLATION
PROCEDURES: PLEASE REVIEW "PASSWORD AND ACCESS PROBLEMS" BEFORE
TAKING THESE MEASURES!
Canceling
an account is very easy and the Member can do so at anytime. Members may cancel
their membership at any time by giving at least 72 hours notice to the Service
Provider. Notice needs to be provided in ample time for Service Provider
to cancel recurring billings. Member’s username and password will remain
valid until the then-current membership period has expired unless otherwise
requested. Cancellation will prevent future billing of recurring membership
fees. Initial sales are final. In order to cancel an account
automatically on-line, the Member should submit the
This
form will (i) deactivate the Member’s billing cycle immediately and (ii) e-mail
the Member an official CANCELLATION CONFIRMATION # and DEACTIVATION DATE with
the appropriate terms and conditions of cancellation. This confirmation e-mail
will serve as a guarantee of no further access or billing from the date
indicated in the e-mail to the Member. The Member’s username and password
will remain valid until the end of the then-current membership period.
The
Member should keep this confirmation e-mail handy and be prepared to e-mail to Service
Provider all past correspondence with the Service Provider so that the Service
Provider may better serve the Member. This will ensure better and faster service.
The
Service Provider is not responsible for and shall not be liable for any loss
arising due to a dispute concerning the Member’s cancellation. It is the
Member’s responsibility to retain the confirmation of cancellation e-mail
information described above.
Once
the Member’s access is terminated per the Service Provider’s auto cancel
program, the Member’s billing cycle will also terminate.
The member’s membership will be cancelled within 72 hours of the Service
Provider’s receipt of the Member’s request for cancellation. This will ensure
that adequate time is available to cancel said membership in the event that a
customer Service Provider representative must assist you. Members are liable
for all charges incurred by them until the termination of the Service.
Initial sales are final.
DUPLICATE CHARGES
8.
DUPLICATE CHARGES: The Service Provider has attempted to eliminate all
duplicate charges on the same day for the same site. The Service Provider is prepared to investigate duplicate billings
and assist the Member in connection with such duplicate billings.
In
order for the Service Provider to assist the Member with a duplicate billing,
the Member should fax a copy of the Member’s bank statement to 512-402-0151 and
circle the disputed charges. Once the Service Provider confirms that the Member
was, in fact, mistakenly charged, the Service Provider will immediately
re-credit the bank account or issue a refund check. The Service Provider’s
financial obligation for duplicate charges does not exceed the actual dollar
amount debited by Service Provider over a three (3) month period.
THE
MEMBER SHOULD BE SURE THAT HE/SHE IS NOT ACTUALLY A MEMBER OF MORE THAN ONE
SITE THAT CHARGES THE SAME AMOUNT ON THE SAME DAY BEFORE ADDRESSING THIS
DUPLICATE CHARGE ISSUE WITH THE SERVICE PROVIDER.
The Member’s fax to the Service Provider regarding a duplicate charge should
contain the following information so that the Service Provider may process the
request quickly and properly:
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1. Copy of original receipt from the billing site
2. Copy of all relevant statements—be sure to circle the disputed charge(s)
3. The Member’s e-mail address
4. The Member’s snail mail address in case a refund check has to be mailed
5. Date or dates of duplicate charges on the same day
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FRAUDULENT CHARGES
9. FRAUDULENT CHARGE - Any fraudulent charges that are reported to
the Service Provider are immediately investigated . The bank account
information contained within the fraud report may be blocked from use on other
Internet sites. The Service Provider
captures the IP address of each user in order to identify and locate the source
where the transaction was initiated.
The Service Provider cooperates fully with local and Federal authorities
to help convict any person or persons involved in fraudulent or illegal
activities.
Members
agree to fax a copy of bank statements to 512-402-0151 and circle the alleged
fraudulent charges. Once the Service Provider has investigated the fraudulent
activity, the Service Provider will notify the Member of its’ findings and
provide information regarding what actions were taken. Service Provider is not
responsible for any interruption in Service Provider in connection with any
alleged or actual fraudulent charges. Service Provider is not responsible for
any loss or damage arising in connection with any alleged or actual fraudulent
charge.
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10. The Member is familiar with and understands that all of the statements
contained herein directly relate to the Member’s term of contract with the Service
Provider. The Member is familiar with and understands the standards and laws of
the community in which the Member lives regarding electronic, Internet, and
online commerce and its regulatory laws. In addition, the Member is familiar
with and understands the standards and laws of the community in which the
Member lives regarding explicit digital videotext media. The Member represents
that, based on the Member’s familiarity with these standards and laws of the
community, by requesting and receiving any of the material on a specific site
for which the Service Provider performs billing functions, the Member will not
be violating any of these standards and/or laws. The Member understands that by
accepting the terms of this Membership Agreement, the Member will indemnify and
hold the Service Provider harmless from any responsibility, damage, and/or loss
related to requesting, receiving or possessing any of the materials contained
on any of the sites for which the Service Provider performs billing functions.
11. Members are responsible for providing all personal computer and
communications equipment necessary to gain access to the Service. Access to and
use of the Service is through a combination of a Login and a password. Each
Member must keep his password strictly confidential. The Member should remember
his/her password and keep it handy and secure! For security reasons, the Service
Provider will not release passwords for any reason, except as may be
specifically required by law or court order. Unauthorized access to the Service
or receipt of Service with the use of a fraudulent account number is a breach
of this Membership Agreement and a violation of the law, and will result in the
termination of Member’s membership.
12. Any liability of the Service including, without limitation, any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, whether for breach of
contract, tortuous behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount paid by or on behalf of the Member to
the Service Provider for the preceding 3 months.
13. No warranty is made by the Service Provider regarding any information, service,
or products provided through or in connection with the Service, and the Service
Provider hereby expressly disclaims any and all warranties, including without
limitation: 1) any warranties as to the availability, accuracy, or content of
information, products, or services, or the legality of any content provided via
the Service; and 2) any warranties of merchantability or fitness for a
particular purpose.
14. All material displayed on the Service is the responsibility of the
individual site within the Service Provider's commerce system. Any questions
about said content should be addressed to the individual site where the material
is located. All material on a specific site within the Service Provider's
commerce system is property of and copyrighted by the individual site and may
not be copied, redistributed, or downloaded, in whole or in part, without the
prior written consent of the specific site's authorized management, unless
otherwise clearly stated in this Membership Agreement. Service Provider is not
responsible and shall not be held liable for any loss or damage arising from
the content on any site for which Service Provider performs billing functions.
15.
The material on the Service is for the private, non-commercial enjoyment of
Members only. Any other use is prohibited.
16. Members agree not to engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the Service without
prior written consent. Members are responsible for information they send or
display through the Service even if a claim should arise after termination of Service.
Service Provider is not responsible and shall not be held liable for any loss
or damage arising from any advertising, solicitation or purchase or sale or
products by any Member via the Service.
17. Notices by the Service
Provider to Members may be given by means of electronic messages through the Service,
by a general posting on the sites that the Service Provider does billing for,
or by conventional mail. Notices by Members may be given by electronic messages
or conventional mail, unless otherwise specified in the Agreement. All
questions, complaints, or notices to the Service Provider by means of
electronic message must be sent to customserervice@achdebit.com. All questions,
complaints, or notices to the Service Provider by conventional mail must be
sent to: Web Transaction Services, Inc., P.O. Box 163032, Austin, Texas,
78716-3032.
18. The Member hereby warrants and represents that he/she is over the age of
18, and in all respects is qualified and competent to enter into this
Membership Agreement.
19. This Agreement contains the entire agreement between the Member and the Service
Provider regarding the use of the Service Provider and supersedes all prior
written and oral understandings and writings and may only be amended upon
notice by the Service Provider to Members. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its termination. The Agreement
shall be governed pursuant to the laws of the United States and the State of
California. Exclusive venue for any dispute arising under this Membership
Agreement shall be in the County of Travis, State of Texas.
Service Provider provides
real-time ACH (electronic checking) transactions securely on the Internet. All
financial information is kept strictly confidential and secure - we never rent
or sell your e-mail address to any Service Provider. If you intend to defraud
this Service Provider by using someone else's banking information, leave this site immediately. We will
prosecute anyone committing, or attempting to commit bank fraud to the fullest
extent of the law. Service Provider will report any misuse of banking
information and members who fraudulently charge back billing to its FRAUD
GUARD database. This database can prevent the use of this bank account
on other Internet sites. Service Provider will hold abusers of site privileges
criminally and punitively accountable for all fraudulent actions.
If you have any questions or comments, please email us or visit our Website.
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