KliknPay Terms of Agreement

Effective as of April 15, 2016 
 

SCOPE OF AGREEMENT: This agreement covers your participation in the KliknPay™ program offered by Klik™ Technologies. In this agreement, the words “you” and “your” refer to the basic member (that is, the person responsible for the Access ID issued by Klik™ Technologies) and also includes additional persons who have applied to participate in the program or you have authorized. The words “we,” “our” and “us” refer to Klik™ Technologies. The words “your account” refer to the account held by a bank, or other financial institution from which payment will be made when you authorize and make a transaction under the program. The words “your bank” means the bank or other financial institution that holds your account. For the purpose of this agreement only the word “member” means the person or persons authorized and issued an Access ID by Klik™ Technologies. The word “Reseller” applies to persons or entities that offer CheckAlt’s KlikNPay solution and/or services to third parties.

Participating in the KliknPay™ electronic payment authorization service will enable you to direct your payments to billers you have authorized.

 

PAYMENTS: Each time you initiate a transaction, you authorize us to initiate an automated clearing house (ACH) debit in your name from the account you specify, in the amount you request, payable to the biller you designate. 

DISHONORED REQUEST FOR PAYMENT: You are responsible to ensure there are sufficient Available Funds in your account being debited on the date of the transaction. If any transaction authorized by you is not honored by your bank or financial institution due to insufficient funds, account closed, or other such reasons Klik™ Technologies will not be liable for fees, charges, or penalties that may be assessed by your bank or the billers you designate. 

YOUR LIABLITY: By authorizing the use of the KliknPay service, you authorize Klik to initiate electronic funds transfers between your account held at your bank or financial institution and your designated biller’s account. These transfers to make or receive payment may be a one-time occurrence or may be recurring. These transfers may use the ACH or other payment networks. ACH is a method of processing electronic funds transactions to and from your bank accounts. ACH transactions refer to ACH debits, ACH credits, or both ACH debit and credit transactions. You agree that each ACH transaction on your account is subject to the National Automated Clearing House Association (NACHA) Operating Rules and any local ACH rules, as these may be amended from time to time, whether or not the transaction is sent through the ACH network. You agree that we may rely on the representations and warranties contained in these Operating Rules. Your rights and obligations regarding these transfers are governed by applicable law. We are not required to give you a separate notice or receipt of an ACH transfer. You can inspect your transaction history at any time by logging in to your account on the KliknPay™ website and "View Recent Payments" under the "Reports" tab. All questions about your KliknPay Access ID should be directed to us (Klik Technologies, Corp. using the contact information contained within this notice). All questions about transactions posted to your KliknPay™ account made online should be directed to your bank or financial institution where you maintain your account.

We will not send you a periodic statement listing transactions that you make using your Access ID and KliknPay™. The transactions will appear only on our Reports tab, as well as on the statement issued by your bank or other financial institution. If you have any questions about a transaction made through KliknPay™, you may contact us via email or US mail at the email address and mailing address indicated below and we will make every reasonable effort to assist you; however, you must immediately contact your bank or financial institution to investigate and resolve any questionable or fraudulent transactions.

You acknowledge and agree that an ACH transaction may be posted by the account number, even if the name and account number are not consistent and identify different parties.

 

LIABLITY FOR UNAUTHORIZED TRANSACTIONS AND ADVISABLITY OF PROMPT REPORTING: You agree to take all reasonable security precautions to prevent unauthorized access or fraudulent use of your Access ID number. Tell us AT ONCE if you believe your Access ID has been lost, stolen or used without your permission using the contact information below. Email is the best way of communicating with us. If you notify us by phone, we may require you to send us your complaint or question in writing. We will take reasonable action to restrict or close your access to KliknPay once we receive notification from you regarding any unauthorized transactions using your Access ID. We also recommend that you immediately contact your bank or financial institution for questions concerning amounts or charges that post to your banking statement or to file a claim for unauthorized transactions that appear on your banking statement. We will not be liable to you if your claim of unauthorized transactions is not acted on by your bank or financial institution. You agree to indemnify Klik Technologies in connection with any unauthorized transaction request to the extent allowable under Article 4A of the Uniform Commercial Code –Funds Transfers (UCC 4A). 

CONTACT IN EVENT OF UNAUTHORIZED TRANSFER: If you believe your Access ID has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us immediately. Email is the fastest way of contacting us. Contact information for Klik is as follows: 

Klik Customer Care: 1-877-554-5266
E-mail address: customercare@checkalt.com
Mailing address: Klik Technologies, Corp. ™
                         PO Box 10128
                         Newark, NJ 07102-3128

OUR LIABLITY FOR IMPROPER TRANSACTIONS OR PAYMENTS: Notwithstanding any other provision in this Agreement to the contrary, Reseller agrees to bear and be responsible for any and all losses, damages, liabilities, costs, penalties, expenses, or fees (including reasonable attorney’s fees) (collectively, "Losses") incurred as a result of or arising out of its customers’ or its customers’ end users’ use of CheckAlt’s payment processing product. Reseller agrees to indemnify and hold harmless Vendor, its officers, directors, employees, agents, and affiliates from any such Losses.

 

In the event that we discover a processing error, whether the error is in your favor or Klik’s favor, we will rectify the error. If the error results in more money being transferred from your account than authorized, Klik will credit your account for the amount of money you should have received. If the error results in less money being transferred from your account than authorized, then Klik reserves the right to correct the transactions that were incorrectly executed, regardless of the nature and cause of the error.

You agree to not hold Klik liable for any losses you sustain arising from unauthorized use of your Access ID number or transactions affecting your account.

BUSINESS DAYS: For purposes of these disclosures, our business days are Monday through Friday 9AM to 5PM Eastern Time. Holidays are not included. You may contact us by email at customercare@checkalt-klik.com 24 hours a day, 7 days a week; however, if you choose to do so, please be advised that incoming emails are only read on business days between the hours of 9AM to 5PM Eastern Time. 

CONFIDENTIALITY: We will disclose information to third parties about your account or the transfers you make: 

• Where it is necessary for completing transfers, or
• In order to comply with government agency or court orders or where otherwise required or permitted by law, or
• If you give us your written permission.

Your nonpublic personal information will not be shared with third parties or affiliates for their marketing purposes, unless you have requested us to do so. Klik’s Privacy Policy is posted on its websites. 

PREAUTHORIZED PAYMENTS - RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO: Stop payment request for one-time payments or reoccurring payments must be made 4 business days prior to the scheduled payment date. If you have told us in advance to make regular payments out of your account, in order to stop any of these payments, you must log onto your account, select “Recurring Payment” from the user menu, and click on the “Stop" button. This will stop all future recurring payments, unless rescheduled by you. To stop a non-recurring payment, you must notify us via email at: customercare@checkalt-klik.com or by mail to Klik Technologies, Corp. ™, P.O. Box 10128, Newark, NJ 07102-3128, in time for us to receive your request 4 business days or more prior to the scheduled payment date. Stop payment orders are valid either until you request the removal of the order or until after the identified item has been returned. You may deactivate your account by contacting us at customercare@checkalt-klik.com. Once processed, a transaction cannot be cancelled or stopped by Klik. Contact your financial institution to place a stop payment on a processed transaction. Your financial institution may charge a fee for stop payment services. 

LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFER: If you order us to stop one of these payments as provided above, and we do not do so, we will be liable for your losses or damages. 

CHANGES TO THIS POLICY: In the event that we make changes to this KliknPay Electronic Payment Authorization Service Policy in a manner that will adversely impact you, we will provide you with at least 21 days prior notice by sending you an email to your most current email address on record with us. The revised Policy will also be posted on our websites. 

BUSINESS ACCOUNTS: The limitations on customer liability set forth in this KliknPay Electronic Payment Authorization Service Policy may not apply to accounts held by businesses or provide similar protections for consumers as specified under Electronic Funds Transfer Regulation E. Business customers agree to promptly review all statements, notices and transaction information made available to them, and to report all unauthorized access to their Access ID to us immediately. All unauthorized transactions and errors must be reported to your bank or financial institution immediately. Business customers agree that we may process payment and transfer instructions which are submitted with a correct Access ID, and agree that such instructions will be deemed effective as if made by them, even if they are not in fact transmitted or authorized by the business customer.