CUSTOMER ADDITIONAL TERMS OF SERVICE
Last Updated: [03/03/2019]
These Customer Additional Terms of Service (“Additional Terms”) apply to your access to and use of the Services (including the Platform) in your capacity as a customer. These Additional Terms apply in addition to, and not in lieu of, the Terms of Service. By clicking “I Accept” or by accessing or using the Services as a customer, you agree to be bound by these Additional Terms and all other terms, policies, and guidelines applicable to such Services, including, but not limited to, the Terms of Service. If you are using the Services on behalf of a business or entity, that business or entity accepts these Additional Terms. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Terms of Service.
1. Customer Account.
In addition to the account security and other requirements set forth in the Terms of Service, the following terms will also apply to your use of a customer-specific account (“Customer Account”). You may make payments to 36money contracted merchants via the Platform using your linked bank account. Your bank account information will be collected and securely stored in 36money partnered third party financial data aggregator’s database. Your transaction history will be accessible via the Platform.
We may, at our discretion, impose limits on the amount of transactions you may conduct using the Services. These limits may change from time to time in 36money’s sole discretion. Please contact us at email@example.com for questions regarding any limits.
When your checking account is used as a funding source, you are requesting that a third-party ACH processor (“ACH Processor”) initiate on your behalf an electronic transfer from your bank account. For these transactions, the ACH Processor, and not 36money, will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) from your bank account in the amount of your purchase via the Platform. You agree that such requests constitute your authorization to the ACH Processor to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and the ACH Processor may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules, or applicable law. If you choose to use the ACH functionality, you will be subject to the ACH Processor’s terms of service and any related agreements, and you acknowledge and agree that 36money will have no liability related to or arising from such ACH transaction.
You should confirm that your checking account contains funds sufficient to cover the amount needed for the purchase in order to complete the transaction. This will help you avoid overdraft or other fees your financial institution may charge.
You will not be charged a fee to use the Services, provided that this may change at any time, in which case you may be notified of such change via email or notification sent to your 36money account. Any fees or changes thereto will become effective immediately for transactions entered into as of the effective date. You acknowledge and agree that you may be subject to third-party fees, such as reversal fees, or ACH (defined below) insufficient fund fees that a bank may charge if your payment is rejected.
4. Refunds, Reversals and Chargebacks
Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, the payment was rejected/declined by your originating bank because of non-sufficient funds (NSF), or if the payment was for activities that violated any agreement with us.
As the sender of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment from you. We may recover the amount of the payment from the sender of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.
4.1 Liability Collections
First Stage of Liability Recovering
When recovering the amount of an invalid payment from you, 36money will recharge the amount of payment without any additional fee.
Second Stage of Liability Recovering
If the first payment recovery is invalid for any reason, 36money will email you and notify the invalidated payment and all applied fees (see section 4.2), if you contact 36money within five (5) business days and schedule all previous invalid payments, 36money will waive all applied fees; otherwise, after five (5) business days, 36money will recharge the amount of payment plus fees.
Third Stage of Liability Recovering
If the second recovery payment is invalidated for any reason and you have not scheduled to pay off previous invalid payments, nor contacted 36money for paying off liability, 36money will send a demand letter to your physical address. The demand letter will serve as evidence for bad checks court claim. You will be offered the option to make payments in the form of cashier's check or money order within thirty (30) days of receiving the letter; if you do not do so, 36money will engage with Third-Party Collection services to file claims against you.
4.2 Collection Fees
- First Stage
No cost associated
- Second Stage
Bank Fee: varies on different bank’s returned charge policy. The maximum bank fee is up to 20.00 USD.
Transaction Fee: 25 cents (0.25 USD) + 1% of the original transaction amount.
- Third Stage
Multiple Failed Transaction Fee: 25.00 USD (One time charge)
Certified Mailing Cost: 6.00 USD (One time charge)
Bank Fee: same as second stage
Interest: APR 8%. The total interest due at Third Stage will be calculated from the original date of transaction being processed to the day of dispatching demand letter.
If you believe that a payment initiated with your 36money account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the bank issuer or originating bank.
5. Customer Background Screening.
You acknowledge and agree that as part of our Anti-Money Laundering procedures, you will be collected information to satisfy the Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or watch list screening process. Each customer spends anything above $500 in a single day prompts 36money to conduct additional background screening procedures, including Identification and social security number verifications.
6. Receive Electronic Communications.
You acknowledge and agree that by applying for a 36money account, you will receive and view communications, notices, verification code, statements and other communications (collectively, “Disclosures”) from 36money and its affiliates, Alt Thirty Six relating to your eligible 36money accounts electronically by any of the following means:
Text to your mobile phone number (which may include a link to the customer signup portal),
To your email.
Receiving Texts and emails. In order to receive electronic communications, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email communications containing transaction receipts or confirmations, verification code are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of communications is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive. You will not be able to conduct any transactions in your 36money account until you update your mobile phone number or email address in your account profile.
You acknowledge and agree that by providing your mobile phone number or email address to 36money and its affiliate, Alt Thirty Six, you will be receiving marketing materials and security information from us, such information may include product and service updates, industry news, our events, activities and offers, information about our business, account security alert, account verification code and personnel and tips.
Receiving Promotional Offer via Electronic Communications.
36money may offer limited-time promotions to you via text, email or any other marketing campaigns. These are agreements and policies that commonly apply to promotions offered by 36money.
You acknowledge and agree that:
Promotional offer is only eligible in a limited time period.
36money reserves the right to modify or cancel the offer at any time.
Promotional offer is only eligible in the jurisdictions where 36money has been previously filed and registered with a governmental agency.
The promotional offer does not have any cash value, you can't request to redeem it in cash.
Promotional offer may not be combined with other offers.
If the offer has a maximum transaction amount limit, taxes, shipping costs, tipping and any other handling charges will be included when determining the maximum transaction amount.
Promotional offer is non-transferrable and may not be resold.
Promotional offer cannot be applied to your previous transactions.
If you violate any of the offer terms, the offer will be invalid.
Promotional offer expires based on the offer’s time period and transaction amount limitations -- whichever comes first.
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