Electronic Payment Terms of Use

Terms of Use

TERMS AND CONDITIONS

When you login to Web Payments (an extension of the Retailer Services website) using your Web Payments Login ID and Password and proceed to initiate a payment on your Account, you agree to be bound by the following Terms and Conditions. Please read them carefully.

WEB PAYMENTS AGREEMENT

This Web Payments Agreement (the "Agreement") governs your use of Web Payments. In this Agreement, the following definitions apply:

"DaySpring," "us" or "we" means DaySpring Cards, Inc.

"You" and "your" means our customer and any users you provide instruction and your password for of the use of Web Payments.

"Account" means any Bill-to account you may have with us.

Your Account and use of Web Payments  are also governed by any applicable Terms of Sale ("Terms of Sale Agreement") and any other terms and conditions which you have agreed to with regard to The Retailer Services Website or your Account (collectively, the" Account Agreement").

Any terms that are not defined in this Agreement have the same meaning as they have in the Account Agreement.

General

Web Payments is available over the Internet on the DaySpring Retailer Services website. You can use your Login ID and Password and a computer or other Internet-access device 24 hours a day, 7 days a week, except during scheduled maintenance periods, to perform certain transactions described below. Depending on the Internet access device that you use, the transactions you are able to perform may vary.

You should never provide your Web Payments Login ID and Password to a third party. If you do so, you are authorizing that party to make transactions on your Account(s) and are responsible for any transactions, including transfers and bill payments from your Accounts, resulting from your providing your Login ID and Password to that third patty. We will not be liable for and will not reimburse you for any losses that may occur as a result of this authorized use of your Login ID and Password.

You may provide users with instruction and password information to access Web Payments. If you do so, you are authorizing that party to make transactions on your Account(s) and are responsible for any transactions, including transfers and bill payments from your Accounts, resulting from your providing your Login ID and Password to that third party. We will not be liable for and will not reimburse you for any losses that may occur as a result of this authorized use.

Computer Requirements

In this Agreement, your computer, any software and the related equipment, and any other internet access device through which we may offer access to Web Payments, are referred to collectively as your "Computer." You are responsible for the installation, maintenance and operation of your Computer and any losses or delays caused by your Computer. We are not responsible for any errors or failures caused by any malfunction of your Computer, and we are not responsible for any computer virus or related problems that may be associated with the use of Web Payments or your Computer.

You are also responsible for all service fees incurred in connecting to Web Payments and for charges by any service provider providing connection to the Internet. We are not responsible for losses or delays caused by your service providers.

Authorization to Act

You authorize us to act on transaction instructions received using your Login ID and Password and you agree that the use of your Login ID and Password have the same effect as your signature. We reserve the right to deny any transaction.

Web Payments

You may authorize payments due on your Account from checking or savings accounts ("Payment Account"). You must designate the Payment Account from which the payment will be made and the Account on which payment will be made. Your payment will be made by transferring funds electronically and the payment should be debited on the date the payment is made.

It is your responsibility to make your payments in such a manner that they meet the requirements of Day Spring’s Terms of Sale. Payments made electronically are processed from Monday through Friday (excluding DaySpring company holidays). Payments scheduled for a day on which processing does not occur (i.e., Saturdays, Sundays and DaySpring company holidays) will be processed on the next regular business day on which processing does occur. Any payment made before 2:00 p.m. Central Time on a regular business day is deemed to be received on that day. Any payment made after 2:00 p.m. shall be deemed to be received on the next regular business day.

Web payment activity and details of what items were paid will be available on the Payment Status page of the Retailer Website.

You may specify any amount for your payment so long as the transaction equals the sum of all specific open items included in the transaction, including all eligible amounts. You may not make partial payments of an open item, and you may not make lump sum payments on your Account.

There is no fee for Web Payments, except we will charge a fee of $25.00 for any item returned for non-payment. You authorize us to charge any such fee to your Account.

Liability for Incorrect Transactions

If we do not complete an electronic transfer to or from your Payment Account on time or in the correct amount, we will be liable only for the actual damages or fees you incur related to such action. However, there are some exceptions. We will not be liable for losses or damages, for instance: (i) if, through no fault of ours, you do not have enough money in your Payment Account( s) to make the transfer; (ii) if you do not authorize a bill payment soon enough for your payment to be made and properly credited by the time it is due; (iii) if Web Payments or your computer was not working properly, and you should have known about the breakdown when you started the transfer; (iv) if circumstances beyond our control prevent us from making a transfer or payment, despite reasonable precautions that we have taken (such circumstances include, but are not limited to, telecommunication outages or interruptions, delays caused by payees, fires and floods); (v) if the money in your Payment Account is subject to legal process or other encumbrance restricting the transfer; (vi) if you do not give proper, complete or correct instructions for the transfer, or you do not follow the procedures in this or any other agreement with us for requesting a transfer; (vii) if your access to The Retailer Services Website  or to Web Payments has been revoked; (viii) if we have reason to believe that you or someone else is using Web Payments for fraudulent or illegal purposes; or (ix) a payment or transfer request would consist of money deposited in a form or by a method which has not yet made the money available for withdrawal. We will also not be liable if you have not followed our instructions, or have not given us complete, correct and current instructions, for making a transfer or bill payment. There may be other exceptions stated in our Account Agreement with you.

In case of Errors or Questions about Web Payments

If you have a question about an electronic transfer or believe there has been an error, please call your Credit Representative no later than 60 calendar days after payment was made.

We’ll need you to describe the error you have questions about and clearly explain why you believe it is an error or why you need more information, including the dollar amount of the suspected error.

In response to your telephone call and inquiry, we have the right to require you to send us your complaint in writing within 10 Business Days following the date you contacted us.

To learn more about how Web Payments works, please visit the Support/FAQ section at https://retail.dayspring.com/FAQs/WebPayments.aspx .

Privacy

We will disclose information to third parties about your Account(s) or the transfers you make: (i) where it is necessary to complete a transaction; (ii) for verification of the condition and existence of your Account for a third party; (iii) in order to comply with applicable laws, government agency regulations, or court orders; (iv) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; (v) if it involves a claim by or against us on an item deposited or drawn against your Account; (vi) if you give us your permission. If the Payment Account is a Joint Account, any owner of the Account may give us authorization to disclose information about the joint account.

Termination

You may terminate your right to use Web Payments by notifying your Credit Representative by email or in writing. If you terminate Web Payments, we will continue to make transfers and bill payments you have previously authorize until such time as we have a reasonable opportunity to act on your notice. We may terminate your right to use Web Payments at any time without notice.

Miscellaneous

This Agreement may not be amended except in writing signed by us. This Agreement shall be governed by the laws of the State of Missouri. You agree to the jurisdiction and venue of the federal courts of the western district of Missouri.

 

@2013 DaySpring Cards. All rights reserved.

Last updated: 12/16/2013