Catch! Terms and Conditions
Effective as of July 1, 2019
Acknowledgment and Acceptance of Terms and Conditions
CheckAlt provides certain check capture and other payment-related Services (“Service”) and various related services (collectively, the “site” or “Service(s)”) to you, the user, or your authorized user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “terms and conditions”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
These Terms and Conditions are effective, with respect to you, as of the date you acknowledge and accept use of the Services. We expressly reserve the right to change these Terms and Conditions from time to time and without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by such modified Terms and Conditions.
- -“You” and “Your” refers to the basic member (the person responsible for the user id (assigned user password issued by CheckAlt) and also includes additional persons or end users who have applied to participate in the Service or whom you have authorized to participate or that may be designated as an end user to the Member.
- -“Member” or “Membership” means the person or persons authorized and issued access by CheckAlt.
- -“Payor” means your customers who are making payments to you.
- -“Us,” “We,” “CheckAlt,” or “Our(s)” refers to CheckAlt.
Description of Services
The Services provided by CheckAlt (also known as “Catch!”) consolidates payments initiated by your payors originating from online banking sites as well as other Agents. The Services collect payments and associated remittance details and make a daily aggregated Automated Clearing House (ACH) credit to your account. You will also receive a consolidated remittance file listing each payment with details for posting into your system.
- 1. Payors will register you in their online banking service by inputting your identifiers, including your name, remittance address, and a unique payor identifier.
- 2. Agents will debit payors and, on the next business day, electronically credit the funds into a holding account owned by CheckAlt. Payors who fail to submit your correct identifiers may have their payment printed as a paper check by Agents. Any such paper checks will be mailed to the remittance address input by the payor.
- 3. Each business day, CheckAlt will receive files from Agents totaling the payments initiated the prior business day and will then execute a next-business-day ACH transfer from the CheckAlt holding account to your account.
- 4. CheckAlt will include the online banking payment details in the daily remittance file. If you have an existing remittance file for other services, the data will be consolidated with the existing remittance file data, unless otherwise specified.
- 5. For all payments received by CheckAlt, we will load all payment data into our portal, along with a substitute check image for each payment.
- 1. Pre-Implementation: You agree to provide to CheckAlt its mathematical algorithms and account edits, if any, for validating Payer identifiers. CheckAlt agrees that it shall use its best efforts to apply any such algorithm given to CheckAlt to the payment data, to validate Payer identifiers; however, notwithstanding anything to the contrary herein, you agree that CheckAlt shall not be responsible for incorrect or incomplete data received.
- 2. Post-Implementation:
- a. You will post payments to your Payer accounts on the date CheckAlt transmits the payments data to you, if possible, but in any event no later than three (3) business days after the date of transmission of the payments data. Any delay between timely transmission of payments data and funds and posting shall not result in a late fee to Payer for late payment.
- b. You accept full financial and unconditional responsibility for items returned when a third-party bill pay provider (each, an “Agent”) is unable to verify that there are sufficient Payer funds available prior to submission of the electronic payment and funds to you.
- 1. CheckAlt will collect and process electronic bill payments (the “Payments”) from Agents, that transmit Payments to CheckAlt using MasterCard RPPS, Fiserv, or any other similar network acceptable to CheckAlt.
- 2. CheckAlt shall transmit the Payments data and funds in United States currency to you as follows:
- a. CheckAlt shall transmit electronically the data file to you or your designated representative within three (3) business days after receipt by CheckAlt of such Payments from the applicable Agent.
- b. CheckAlt makes downloadable reports available to you detailing each Payment, including dollar amount, Payer name, Payer identifier, and Payment date. The data will be 100% in balance with the expected amount of funds every day.
- c. The associated Payments funds shall be deposited electronically in your designated account, as specified.
Scope of Use
You agree not to re-disseminate any information obtained under this Agreement in any manner to third parties without the express written consent of CheckAlt and any related member financial institutions. You shall be responsible for the confidentiality and use of your password(s) and other security data, methods, and devices. You understand that you shall be solely responsible for all information electronically transmitted, or use of any data, information, or services obtained, using your passwords and other security data. You accept full responsibility for the monitoring of your account. You agree that CheckAlt shall not be under a duty to inquire as to the authority or propriety of any instructions given to CheckAlt by you or when using your password; CheckAlt shall be entitled to act upon any such instructions; and CheckAlt will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. You agree that the Services are the proprietary property of CheckAlt and/or third parties from which CheckAlt has obtained such rights.
You represent (and any authorized or other end users) and agree that the following statements are and will continue to be true for so long as you have access to the Services: (a) you will not use any information in connection with any CheckAlt Services other than its specific, documented purpose; and (b) you will not use the Services in conjunction with any activity other than that authorized by CheckAlt.
OUR LIABILITY FOR ERRORS IN TRANSACTIONS OR PAYMENTS
If a transaction is not completed by us as you have directed us or if we do not complete the delivery of data on time in the correct amount, we will be liable for your losses or damages; however, there are some exceptions.
We will not be liable to you in the following instances:
- 1. If, through no fault of ours, your account is insufficiently funded;
- 2. If, through no fault of ours, your account does not contain enough money to complete the transaction;
- 3. If the system was not working properly and you knew about the breakdown when you started the transfer;
- 4. If the funds in your account are subject to legal process or other encumbrances restricting the transaction;
- 5. If circumstances beyond our control prevent the transaction, despite reasonable precautions we have taken; or
- 6. Other exceptions that may be stated in our agreement with you.
You understand that all payments processed through the Services are at your sole risk and responsibility. You further understand you must notify CheckAlt of the existence of certain circumstances relating to your use of the Services.
- a. If you have received confirmation of a payment that is not designated as a payment to you or any similar conflicting report, you shall immediately notify CheckAlt.
- b. If there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or your account, you shall immediately notify CheckAlt.
- c. All notifications to CheckAlt shall be directed to: CheckAlt, 711 Executive Blvd Suite H, Valley Cottage, NY 10989 and at Contracts@CheckAlt.com.
- d. You shall immediately notify CheckAlt if your password is lost or stolen or if there is unauthorized use of your password.
If you fail to notify CheckAlt when any of the above conditions occur, neither CheckAlt nor any of its employees, agents, affiliates, subsidiaries, control persons, or its parent, nor any third parties, can or will have any responsibility or liability to me or to any other person whose claim may arise through me for any claims with respect to the handling, mishandling, or loss of any payment data or related information. Notwithstanding your notification to CheckAlt, CheckAlt shall not be liable for any losses related to the Services except as expressly set forth herein. You understand that CheckAlt shall not be deemed to have received any payment received for your benefit until CheckAlt has acknowledged that the payment has been received by CheckAlt. You accept full responsibility for the monitoring of your access to the System.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Fees and Payment Terms
By accepting these Terms and Conditions, you agree to pay all undisputed one-time and recurring fees that were described during the onboarding process on or before the corresponding due date. You also agree to provide a valid debit or credit card for CheckAlt to process payment of the monthly services. Further, you agree to keep your payment information current, and you will use the supplied CheckAlt portal/website to update you payment information, as needed. CheckAlt’s failure to receive timely payment from you will result in suspension of the Services.
Third-Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Each party will comply with export control and economic sanctions laws in all applicable jurisdictions that apply directly or indirectly to the Services, including, without limitation, the United States of America. You will obtain all licenses or other authorizations required to export, re-export, or transfer the Services. Each party represents that it (also authorized and end users) is not on any government prohibited/denied/unverified-party, sanctions, debarment, or exclusion list (collectively, “Sanctions Lists”). You will not export, re-export, or transfer the Services to an entity on any Sanctions List without prior U.S. government or other required government authorization. You will (a) immediately discontinue your use of the Services if you are placed on any Sanctions List and (b) remove an end user’s access to the Services if such end user becomes placed on any Sanctions List.
Limitation of Liability & Disclaimer of Warranties
You expressly acknowledge and agree that the use and storage of any information, including without limitation, transaction data, account data, account balances, and any other information available through use of the Services is at your sole risk and responsibility. NEITHER CheckAlt NOR ANY THIRD PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL CHECKALT OR ANY THIRD PARTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR USE OF THE SERVICES.You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Any liability arising out of the Services for which CHECKALT is determined to be responsible shall be limited to an amount equal to the benefit which would have resulted from the transaction during the time periods in which you should have acted.
Additionally, you understand that CHECKALT will not be responsible for the accuracy, completeness, timeliness or use of any information received by it or received by you through the Services and that CHECKALT does not make any warranty concerning such information. You understand that all PAYMENTS initiated through the Services are at your sole risk and responsibility. You agree that neither CHECKALT nor any third party working with CHECKALT to provide services hereunder shall be responsible for any damages caused by communications line failure, unauthorized access, theft, systems failure, and other occurrences beyond its reasonable control. You agree to provide all telephone and other equipment to access the Services and YOU will be solely responsible for paying all charges related thereto. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination or Suspension of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions or lack of timing payment on your part. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your membership. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.
These Terms and Conditions and their enforcement shall be governed by the laws of the State of New York, except with respect to conflicts of law, and shall inure to the benefit of CheckAlt's affiliates, successors, and assigns, whether by merger, consolidation, or otherwise. If a court of competent jurisdiction shall deem any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.
We exclusively own and reserve all right, title, and interest in and to the Services and any data, in anonymized or aggregated form that does not identify you, any end users, or any natural person, generated or derived from the use or operation of the Services, including volumes, frequencies, bounce rates, and performance results for the Services. As between the parties, you exclusively own and reserve all right, title, and interest in and to each your confidential information, and customer data, subject to our rights to use and disclose customer data in accordance with these terms and conditions.
These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us, or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms and Conditions to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms and Conditions. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
ACKNOWLEDGEMENT AND CONSENT
By checking the box at time of establishing an account with CheckAlt and by your continued use of the Services, you acknowledge and agree to follow these Terms and Conditions agreement. You also recognize and acknowledge that your use of the Services may involve the transmission of information that may be considered non-public personal financial information, including but not limited to the account number, individual IDs, and company IDs. You consent to the transmission by electronic means of such information, including any files that are the result of the payments you receive through the Services; such consent shall be effective at all times that you use the Services. If you use the Service, you agree and consent to receive CheckAlt’s privacy notices or policies electronically, and to such end CheckAlt and its affiliates may post privacy notices or policies on its websites from time to time.
BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND DISCONTINUE FURTHER USE OF THE SERVICES.