Electronic Funds Transfer Agreement

Dated: August 4, 2023.

This Agreement is made and entered into by and between VersioPAY LLC, and you, the VersioPAY or VersioPAY Payments Account holder.

Certain Definitions. In this Agreement, the words “you” and “your” refer to the person who has applied for and accepted or used a VersioPAY Account or VersioPAY Payments Account, including any authorized user of the Account. “VersioPAY Account,” “VersioPAY Payments Account,” or “Account” refers to the Account set-up by VersioPAY that includes the capability to transfer funds electronically. “VersioPAY LLC,” “VersioPAY,” “we,” “our,” and “us” refer to VersioPAY LLC, a Florida Limited Liability Company and its partners or affiliates. “Banking Partner” refers to the bank sponsor through which VersioPAY will submit any Automated Clearing House (“ACH”) electronic funds transfer request. “ACH Credit” refers to a transaction which electronically transfers funds from your Account to an account at a financial institution, while an “ACH Debit” refers to a transaction which electronically transfers funds to your Account from an account at a financial institution. “ACH Item” refers to an ACH credit, an ACH debit, or both. The words “Intra-VersioPAY Transfer” refer to an electronic transfer of funds between any type of an Account held with VersioPAY and any other VersioPAY Account. The words “business day” means every Monday through Friday, except Federal and Florida state holidays. “Affiliation” or “Affiliation Status” refers to the relationship between you and a third party entity with which VersioPAY has entered into an agreement for special terms and/or pricing (“Affiliated Company”). The headings in this Agreement are for convenience of reference only and will not govern the interpretation of the provisions hereof. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

Sections Included in this Document:

1. Checking Account
2. Required Checking Account Validation
3. ACH Transactions
4. Intra-VersioPAY Transfers
5. Error Resolution
6. Warranties
7. Indemnification
8. Miscellaneous Provisions

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1. Checking Account. You may establish and maintain a checking account as described in your Account profile to facilitate the transfer of funds due to you from your Account. As part of this agreement, you irrevocably authorize VersioPAY to debit your Checking Account for any fees, payments or penalties you owe or may owe VersioPAY relating to ACH or Intra-VersioPAY transactions. You authorize VersioPAY to initiate reversal or adjustment entries and initiate or suspend such entries as may be necessary to grant you conditional credit for any entry.

2. Required Checking Account Validation. In order to add funds to your Account, from your checking account, you must first register a checking account in your Account profile. Registering a checking account in your Account profile is not required before withdrawing funds from your Account into your checking account or withdrawing funds from your Account to another checking account.

When registering a checking account in your Account profile, you will be required to enter your bank name, the routing number of your bank, and your checking account number. Once this information is entered, you will be required to validate that the routing number and checking account number are correct and that you have the proper authorization to access the account. The process of validating your checking account occurs in one of two ways depending on your Account type and affiliation status:

1. You will be required to verify the amounts of one or two small deposits that VersioPAY will make into your checking account. This process may take 2 to 7 business days for the deposits to be credited in your checking account. When you receive your bank statement, find the deposit(s). You may also be able to learn the amounts of the deposits from your bank’s automated phone system or web site, if available. Once you know the deposit amounts, login to your Account and enter the two amounts as directed.

2. You will be required to make at least two transfers from your Account into your checking
account, and receive at least one direct commission deposit into your Account (if you are affiliated with an organization that has requested commission payment capability into your Account).

Once one of these two validation methods is completed, you will then be able to add funds into your Account from your checking account. Both of these methods are intended to demonstrate that you have the proper custodianship over the checking account from which you will be adding funds into your Account.

3. ACH Transactions. When you request VersioPAY to add funds to your Account from your checking account, withdraw funds from your Account into your checking account, or withdraw funds from your Account to another checking account, you are requesting an electronic funds transfer through the ACH system. By doing so, you authorize VersioPAY to initiate, process, transmit, and settle through a Banking Partner, an ACH debit or credit in the amount that you specify. You agree that your ACH requests are accurate, timely, and have been authorized by the party into whose account the credit will be made, or by the party from whose account the debit will be made. Your authorization will remain in effect after termination of this Agreement and until VersioPAY has received written notice terminating this authorization and all your obligations to VersioPAY have been paid in full.

a. Adherence to ACH Rules. You agree to be bound by the rules of the National Automated Clearing House Association (“NACHA”) in effect as they may be amended from time to time. You also agree not to request an ACH transfer that violates the laws of the United States, which include, but are not limited to, sanctions enforced by the Office of Foreign Assets Control (“OFAC”).

b. ACH Returns, Rejections, Cancellations, and Acceptance. You may be charged a fee (see Exhibit 1 for a schedule of fees) for any ACH transactions that result in a returned ACH item, such as, but not limited to, those caused by insufficient funds in your checking account, closure of your checking account, or if the bank account number or other information you provided is incorrect. VersioPAY reserves the right to resubmit for collection any ACH item authorized by you that is returned. VersioPAY will notify you within 3 (three) business days of the receipt of a returned ACH item.

VersioPAY may reject any entry that does not comply with requirements outlined in this Agreement. We will notify you within 3 business days from the day the rejected entry would otherwise have been transmitted. VersioPAY may resubmit any rejected ACH item up to 3 times.

Upon written request, VersioPAY will attempt to cancel an entry before transmitting it. However, VersioPAY shall have no liability if the effect of cancellation fails.

VersioPAY is not responsible or liable in any way for any entry not accepted by VersioPAY’s Banking Partner.

c. Provisional Credits. All credits to your Account resulting from an ACH debit are provisional until final settlement is made through a Federal Reserve Bank. If VersioPAY does not receive final settlement, you will refund VersioPAY the amount of any such entry.

d. Accuracy of Information. You acknowledge that if a financial institution name and number are incorrect or inconsistent, we may rely on the identifying number alone, even if the number identifies a financial institution, person, or account other than the one named.

e. Fees. You will pay VersioPAY fees for services in accordance with Exhibit 1 – Schedule of Fees, which is incorporated into this Agreement by reference. Such fees will be calculated and debited from amounts due to you under the VersioPAY Account concurrently with transaction activity, or will be netted out from the funds due you under this Agreement.You will immediately pay VersioPAY any amount incurred by VersioPAY attributable to the transfer of funds pursuant to this Agreement, including but not limited to non-sufficient fund fees that overdraws amounts due to you under the VersioPAY Account, Reserve Account, or at any other financial institution for any amount you owe VersioPAY under this Agreement or under any contract now existing or later entered into between you and VersioPAY.

You may also be subject to different fees and limitations other than those set forth in Exhibits 1 and 2 relating to ACH transactions, if the ACH transactions are submitted to your VersioPAY Account, on your behalf, by an approved affiliate utilizing VersioPAY’s XML interface. These fees are published by the affiliate that submits the transactions on your behalf. These fees supersede the fees set forth on Exhibit 1 and are therefore binding upon you.

f. Transfer Amount Limitations. For a listing of current limitations associated with the electronic transfer of funds, see Exhibit 2 – Schedule of Limitations, which is incorporated into this Agreement by reference. Currently, VersioPAY limits the amount you are allowed to add to your Account from your checking account. If you wish to increase the limitations allowed after an introductory period deemed appropriate by VersioPAY, please contact a customer service representative.

VersioPAY, in its sole discretion, reserves the right to limit the maximum amount of funds you are allowed to add to your Account from your checking account to an amount even less than the current amount identified in Exhibit 2. VersioPAY also, in its sole discretion, reserves the right to limit the maximum amount of funds you are allowed to withdraw from your Account into your checking account, and/or withdraw from your Account to another checking account.

For fraud and anti-money laundering purposes, VersioPAY reserves the sole and exclusive right to review large electronic transfer of funds to or from your Account before releasing the funds. VersioPAY also reserves the right to refuse any transfer of funds at our discretion.

g. Type of Bank Account Required and Change Limitation. You may only use a checking account of a financial institution located in the United States of America (“US”) or US Territories (Puerto Rico, Guam, American Samoa, and the US Virgin Islands). The electronic transfer of funds to or from a foreign bank or the branch of a foreign bank in a territory of the United States is also prohibited. The term foreign bank does not include: (i) A U.S. agency or branch of a foreign bank; and (ii) An insured bank organized under the laws of a territory of the United States, Puerto Rico, Guam, American Samoa, or the U.S. Virgin Islands. The electronic transfer of funds to or from a savings account is also prohibited. Please ensure that the bank routing and the checking account numbers are correct or you may be subject to a fee (see Exhibit 1 – Schedule of Fees). If you have any doubt as to the accuracy of the bank routing or the checking account numbers, please call your bank for verification.

You may change the checking account in your Account profile, but no more than once every 90 days. There may be a fee for changing the checking account.

h. Potential Liability. You can inspect your transaction history at any time by logging in to your Account online and selecting one of the available reporting functions. It is very important that you contact VersioPAY at once if you believe your user ID or password has been compromised, or if someone has transferred, or may transfer funds using your Account without your permission. Under applicable ACH regulations, the extent of your liability for an unauthorized transaction may be determined by your promptness in notifying VersioPAY if someone has gained access to your password, or if any transaction shown in your account history reports is incorrect or unauthorized. Notifying VersioPAY quickly may limit your liability:

1. VersioPAY may reimburse you for loss from an unauthorized ACH transaction that is originated through VersioPAY that occurs within 60 days after the transaction you claim is unauthorized is posted to your account history reports, or within 60 days after you otherwise become aware of unauthorized access to your account. VersioPAY shall not be liable to you for: (a) any indirect, special or consequential damages (under contract or tort theories of law), including damages for lost revenue, lost profit or other economic damage, as a result of the breach of this Agreement, even if VersioPAY has been advised or has foreseen the possibility of such damages or (b) any losses caused by your acts or omissions.

2. If you do not notify VersioPAY within 60 days after receiving notice, you may not recover any funds that you lost after the 60 days, if VersioPAY can prove that the loss could have been stopped or avoided if you had notified VersioPAY within that time. If a good reason (such as an extended vacation or medical event) kept you from notifying VersioPAY, the 60-day time period may be extended by VersioPAY in its sole discretion.

4. Intra-VersioPAY Transfers. When you request VersioPAY to transfer funds from your VersioPAY Account to another VersioPAY Account or VersioPAY Payments Account, or from your VersioPAY Payments Account to a VersioPAY Account or VersioPAY Payments Account, you are requesting an Intra-VersioPAY funds transfer. By doing so, you represent that your transfer requests are accurate, timely, and authorized for VersioPAY to make such a transfer. Your request must be in the form required by VersioPAY. You must identify the Account into which to transfer funds by the Account holder’s e-mail address. If the e-mail address belongs to a VersioPAY Account or VersioPAY Payments Account holder, the funds will immediately transfer from your Account to the Account you specified. If the e-mail address does not belong to a VersioPAY Account or VersioPAY Payments Account holder, the transfer request may be denied.

a. Liability and Obligations. VersioPAY assumes no liability for any unauthorized transfer request and the attendant transfer of funds, unless and until VersioPAY receives appropriate and timely notice by you of the unauthorized transfer requests. VersioPAY will have no obligation to transmit entries if VersioPAY believes, in its sole discretion, that the funds are unavailable or the entry is invalid or subject to reversal, or if you are in default of this Agreement. You also understand that VersioPAY will not, and has no obligation to, confirm the validity of the recipient or the underlying transaction pursuant to which the funds are transferred.

b. Accuracy of Information. You acknowledge that if the e-mail address is inconsistent or incorrect, payment of the entry may still be made on that basis.

c. Fees. You will pay VersioPAY fees for services in accordance with Exhibit 1 – Schedule of Fees, attached hereto and incorporated into this Agreement by reference. Such fees will be calculated and debited from amounts due to you from your VersioPAY Account and/or VersioPAY Payments Account concurrently with transaction activity, or will be netted out from the funds due you under this Agreement.

You will immediately pay VersioPAY any amount incurred by VersioPAY attributable to this Agreement, including but not limited to non-sufficient fund fees that overdraws amounts due to you under the VersioPAY Account or Reserve Account for any amount you owe VersioPAY under this Agreement or under any contract now existing or later entered into between you and VersioPAY.

You may also be subject to different fees and limitations other than those set forth in Exhibits 1 and 2 (also attached hereto and fully incorporated herein by reference) relating to Intra-VersioPAY transfers, if the Intra-VersioPAY transfers are submitted to your VersioPAY Account, on your behalf, by an approved affiliate utilizing VersioPAY’s XML interface. These fees are published by the affiliate that submits the transactions on your behalf and are therefore binding upon you.

d. Transfer Amount Limitations. For a listing of current limitations associated with Intra-VersioPAY funds transfers, see Exhibit 2 – Schedule of Limitations, which is incorporated into this Agreement by reference. VersioPAY reserves the right to limit the maximum amount of Intra-VersioPAY funds you are allowed to transfer.
For fraud purposes, VersioPAY reserves the right to review large Intra-VersioPAY funds transfers before releasing the funds. VersioPAY also reserves the right to refuse any Intra-VersioPAY funds transfers at our discretion.

e. Reversals, Rejections, and Acceptance. VersioPAY may reverse any entry if it believes, in its sole discretion, that the entry may be subject to dispute or reversal. You understand and agree that your request to transfer funds is final and irrevocable, that you have no right to reverse or stop such an entry once the entry is communicated to VersioPAY, and you hereby waive any right you may have of recourse against VersioPAY or to dispute or reverse a request to transfer funds. An Intra-VersioPAY funds transfer under this Agreement is the equivalent of sending cash to the recipient. VersioPAY has no obligation whatsoever to any proposed recipient of funds. In the event of any dispute between you and a funds recipient, you agree that such dispute will be settled between you and the proposed recipient, and you hereby indemnify and hold harmless VersioPAY against all liabilities, claims and damages incurred by and brought against VersioPAY by any third party arising out of this Agreement, including but not limited to reasonable attorneys’ fees and costs. VersioPAY may reject any entry that does not comply with requirements outlined in this Agreement. We will notify you within 3 business days from the day the rejected entry would otherwise have been transferred.

f. Consent to Disclosure of VersioPAY Account Balance Information and Authorization of Transfers. If you have an Affiliation as an independent contractor of an Affiliated Company that uses VersioPAY’s SpendBack service, which displays the balance in your VersioPAY Account when you are purchasing goods or services from the Affiliated Company’s website, you consent to VersioPAY providing the balance in your VersioPAY Account to the Affiliated Company, and to the Affiliated Company viewing the balance in your VersioPAY Account. If you complete the purchase of the goods or services from the Affiliated Company, you consent to the transfer of funds from your VersioPAY Account to the Affiliated Company, as governed by the terms and conditions of the payment between you and the Affiliated Company. If you are no longer an independent contractor of an Affiliated Company, please contact VersioPAY’s Customer Service and this authorization will be revoked as your VersioPAY Account is changed to a status that is not affiliated with the Affiliated Company.

5. Warranties. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, VERSIOPAY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, VERSIOPAY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED INTO THIS AGREEMENT, SHALL CONSTITUTE WARRANTIES OF ANY KIND.

6. Indemnification. You shall indemnify and hold harmless VersioPAY and its Banking Partner(s) for any action they take with respect to your Account, including funds in any Operating Account, and/or Reserve Account, and/or Cardfunding Account You will also indemnify and hold harmless the Bank Partner(s) for acting in accordance with any instruction from you or VersioPAY regarding your Account. Further, you shall indemnify and hold harmless VersioPAY and its Banking Partner(s), its employees, officers, directors, shareholders and agents from any and all loss, cost, expense, claim, damage and liability (including attorneys’ fees and costs) paid or incurred by any one or more of them, arising from, caused by, or attributable to, any of the following:

1. Any and all claims or damages made by third parties arising out of this Agreement, including but not limited to all attorneys’ fees and costs paid or incurred by VersioPAY in the enforcement of the Agreement and those resulting from any transaction processed under this Agreement, or any breach by you of this Agreement and those related to any bankruptcy proceeding;

2. Willful misconduct, fraud, intentional tort or negligence by you or that of your employees, agents or representatives;

3. Any and all claims or damages by you which are the result of theft, embezzlement, unauthorized use, transfer or withdrawal of funds with respect to your Account.

7. Miscellaneous Provisions.

Entire Agreement. This Agreement, including Exhibits 1 and 2, and any amendment or supplement to this Agreement or other referenced agreements, all of which are incorporated into this Agreement, constitutes the entire agreement between the parties, and all prior or other agreements or representations, written or oral, are superseded by this Agreement.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, except where Federal law is applicable.

Jurisdiction/Waiver of Jury Trial. THE PARTIES AGREE THAT ALL PERFORMANCES AND TRANSACTIONS UNDER THIS AGREEMENT WILL BE DEEMED TO HAVE OCCURRED IN FLORIDA AND THAT YOUR ENTRY INTO AND PERFORMANCE OF THIS AGREEMENT WILL BE DEEMED TO BE THE TRANSACTION OF BUSINESS WITHIN THE STATE OF FLORIDA. YOU AND VERSIOPAY CONSENT TO AND AGREE THAT, THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTES HEREUNDER SHALL BE AN APPROPRIATE FEDERAL OR STATE COURT LOCATED IN ORLANDO, FLORIDA. YOU AND VERSIOPAY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION CONCERNING ANY RIGHTS OR DISPUTES UNDER THIS AGREEMENT.

Construction. The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision. The language used will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

Assignability. This Agreement may be assigned by VersioPAY, but may not be assigned by you directly or by operation of law, without the prior written consent of VersioPAY. If you nevertheless assign this Agreement without VersioPAY’s consent, the Agreement will be binding on the assignee. If you sell your business, and the new owners incur fines, fees, or penalties, the original owner will be held personally liable for all fines, fees, or penalties, and any other liabilities of the new owners.

Notices. Any notice under this Agreement will be deemed given and delivered upon the earlier
of: (a) actual receipt or (b) seven days after being deposited in the United States mail, and addressed, if to VersioPAY, to: VersioPAY, LLC, 1601 Wildcat Court, Winter Springs, FL 32708, and if to the other parties: to the last address shown on the records of the sender or (c) two (2) business days after being sent by email or other electronic communication if to you at the last email address provided by you to VersioPAY and if to VersioPAY at www.VersioPAY.com/VersioPAY-support/.

Attorneys’ Fees. You will be liable for and will indemnify and reimburse VersioPAY for all attorneys’ fees, with our without suit, court costs, collection agency fees not to exceed 50% of the amount owed, and other costs and expenses paid or incurred by VersioPAY in the enforcement of this Agreement, or in collecting any amounts due from you to VersioPAY or resulting from any breach by you of this Agreement.

Customer Contact. You authorize VersioPAY to contact your customers or their bank if they determine that such contact is necessary to find out information about any payment transaction between you and the customer. Also, you will provide to VersioPAY, upon VersioPAY’s request, contact information for your customers as deemed necessary and reasonable by VersioPAY.

Amendments. This Agreement, and the Agreements and/or Policies referenced and incorporated herein may be amended, modified, or revised at any time, without notice. While VersioPAY may notify you as this Agreement and/or the Agreements and/or Policies referenced herein are modified, it is your sole responsibility to review and maintain familiarity with this Agreement and/or Agreements and/or Policies referenced herein, including any changes that may be made to these documents, respectively, from time to time thereto. The amendments to this Agreement and/or Agreements and/or Policies referenced herein will become effective and binding upon you immediately and contemporaneously as the amendments are published to the VersioPAY website (www.VersioPAY.com or https://www.VersioPAYpayments.com). In the event you do not agree to the aforementioned amendments and do not wish to be bound the terms and conditions thereto, you shall provide written notice to VersioPAY (including by submitting to VersioPAY Customer Service at www.VersioPAY.com/VersioPAY-support) by providing your name, your current email address on file with VersioPAY, the last four (4) digits of your Social Security Number and a statement that you do not agree to the terms and conditions. If you do not agree to the terms and conditions of the amendment, your account will be terminated and closed. Notwithstanding the foregoing, (a) changes to fees authorized by this Agreement or in the Exhibits 1 and/or 2, will be effective upon the giving of notice to you and (b) any fee increase, change in Rules or other requirement imposed by NACHA may be passed on to you and will be effective upon the giving of notice to you.

Severability and Waiver. If any provision of this Agreement (including Exhibits 1 and 2) is held invalid, illegal, void or unenforceable by reason of any judicial decision, all other provisions of this Agreement shall nevertheless remain in full force and effect. No course of dealing, delay or failure to enforce any provision or exercise any right under this Agreement, by VersioPAY or Bank Partner(s) shall be construed as a waiver or estoppel of such provision or right, nor shall it amend this Agreement or affect the validity of this Agreement or curtail the ability of any party to enforce such provision or exercise such right in the future. All waivers must be signed by VersioPAY.

Independent Contractors. VersioPAY, Bank Partner(s), and You will be deemed independent contractors and none will be considered an agent, joint venturer, or partner of the other.

Survival. Sections 1-8 of this Agreement and the applicable Exhibits in effect upon the date of termination shall survive termination of this Agreement.

Exhibit 1 – Schedule of Fees
You will be charged the following fees unless they are waived, adjusted by special arrangement, or changed by affiliate specific pricing:

Account Fees

1. Initial Fee – Opening VersioPAY Account up to $39.95*
2. Annual Fee – Yearly optional fee for keeping account open up to $39.95*
3. Account Continuation Fee – Monthly Fee if annual fee not paid up to $10.00*
* The mentioned fee is subject to change; login or signup to see the exact amount

ACH Fees

1. ACH Credit – Transferring Funds into your Account up to $2.00
2. Domestic ACH Out – Transferring Funds out of your Account up to $2.50
3. International ACH Out (Outside the 50 United States) – Transferring Funds out of your Account up to $15.00
4. ACH Return Item Fee up to $30.00
5. Intra-VersioPAY Transfer Fee up to $1.00
6. China Union Pay Money Express up to 3.98% Per Transfer ($2.00 minimum fee)
7. China Only – Cash Channel (International Only- not available at this time) up to $30 Per Transfer

Exhibit 2 – Schedule of Transfer Limitations

The following limitations will be applicable to you unless they are waived, adjusted by special arrangement, or changed by affiliate specific limitations:

1. ACH Debit Maximum of $250 per Transfer and $1,000 per Month
Minimum of $10 per Transfer

2. ACH Credit No Maximum Limit
Minimum of $10 per Transfer

3. Intra-VersioPAY Transfers No Maximum Limit
Minimum of $10 per Transfer

4. China Union Pay Transfers
The following restrictions are applicable to China Union Pay’s MoneyExpress service:

Daily Remittance Limit

The maximum amount for a beneficiary in Mainland China to receive money remitted from abroad shall not exceed USD10,000 per day or its equivalent. If local regulator has stricter restrictions, the stricter restrictions should prevail.

Single Transaction Limit

For remittance into a UnionPay Card issued in Mainland China, the maximum amount of each remittance shall not exceed USD 5,000 or its equivalent.
For issuer outside China, the maximum amount shall not exceed USD 3,000 or its equivalent. If local regulator has stricter restrictions, the stricter restrictions should prevail.

Other Limits

For remittance inbound to Mainland China, each individual identified by his/her resident ID, has the yearly year quota of USD 50,000 for foreign exchange.

This Agreement is made and entered into by and between VersioPAY, LLC., and you, the VersioPAY or VersioPAY Payments Account holder. The words “you” and “your” refer to the person who has applied for and accepted or used a VersioPAY Account or VersioPAY Payments Account, including any authorized user of the Account. “VersioPAY Account,” “VersioPAY Payments Account,” or “Account” refers to the Account set-up by VersioPAY that includes the capability of electronic communication and disclosure of Account Information. “VersioPAY, LLC.,” “VersioPAY,” “we,” “our,” and “us” refer to VersioPAY, LLC., a Florida Company and its company partners or affiliates.

You consent to receiving all communications from VersioPAY electronically. This consent is described below. Please read it carefully.

Consent to Conduct Business Electronically

1. Applying Electronically. You must apply to enter into the Agreement with us electronically.

2. Electronic Communications. All VersioPAY Agreements and Policies, all amendments to any of these Agreements and Policies, all documents related to these Agreements and any notices, instructions, agreements, or any other communications regarding Transactions and your Agreements (all of which are referred to herein as the “Communications”) may be presented, delivered, stored, retrieved, and transmitted electronically.

3. Executing Transactions Electronically. These Agreements, Policies and Transactions thereunder can only be executed using electronic records and electronic signatures, except as otherwise provided for in the Payment Services Agreement and the Cardholder Agreement.

4. Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the necessary hardware and software capabilities. You are required to provide and maintain your own hardware and software. You should also have sufficient electronic storage capacity on your hardware and (4) if you wish hard copies of communications, a printer that is capable of printing from your browser and or e-mail software. It is highly recommended that you use a firewall and frequently updated anti-virus software.. Your consent to do business electronically, and our agreement to do so, also applies to the establishment and maintenance of any account or Transaction in connection with your Agreements and Policies.

5. Withdrawal of Consent. You have the right to withdraw your consent to doing business under these Agreements and Policies electronically at any time. If you do so, your Payment Services Agreement and Cardholder Agreement will be terminated, as provided in the application Sections of said Agreements. However, any Communication or Transaction between us during the period after your consent to doing business electronically, and before your withdrawal of such consent, will be valid and binding on all parties and you must comply with the other requirements of these Agreements and Policies.

6. Changes to Your Contact Information. You must keep us informed of any change in your electronic or mailing address or other contact information. You shall provide VersioPAY notice of any change to your contact information, including your email address, by contacting VersioPAY Customer Service at www.VersioPAY.com/VersioPAY-support/

7. Printing. If you would like a hard copy you should print this document and keep a copy in your files.

8. Paper Copies. If you wish to obtain paper copies of Communication and Transaction, you may contact Customer Service at www.VersioPAY.com/VersioPAY-support to determine if paper copies or summaries are available and the cost of providing them to you.

9. Consent. When you select the “Submit” button, you agree to all the terms above and contained in this Agreement regarding conducting business electronically. By selecting the “Submit” button, you hereby acknowledge that you have read and understand the terms and conditions of this Electronic Communication Agreement which have been set forth above, and that you agree to be bound by the terms and conditions of this Agreement. Further, you understand that your act of checking the “Submit” button represents your electronic signature and represents your authorization to be bound by this Agreement and your intent that this Agreement have legal and binding effect. You also hereby represent and warrant that this Agreement will not violate any law, or conflict with any other agreement to which you are subject.

ELECTRONIC COMMUNICATIONS AGREEMENT. YOU AGREE TO TERMS OF THE VERSIOPAY ELECTRONIC COMMUNICATIONS AGREEMENT AS AMENDED FROM TIME TO TIME (“E-COMMUNICATIONS AGREEMENT”) WHICH IS INCORPORATED INTO THE PAYMENT SERVICES AGREEMENT AND THE CARDHOLDER AGREEMENT BY REFERENCE AS IF FULLY SET FORTH HEREIN. YOU HEREBY AGREE TO RECEIVE ELECTRONIC COMMUNICATIONS AT YOUR VALID E-MAIL ADDRESS AND ALSO AT YOUR LOGGED-IN VERSIOPAY ACCOUNT FOR THE FOLLOWING CATEGORIES OF INFORMATION: (1) THE VERSIOPAY AGREEMENTS, POLICIES AND ANY AMENDMENTS OR SUPPLEMENTS TO IT; (2) THE RECORD OF PAYMENTS AND OTHER TRANSACTIONS THROUGH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PAYMENT HISTORIES AND CONFIRMATIONS OF INDIVIDUAL TRANSACTIONS; (3) ANY INITIAL, PERIODIC OR OTHER DISCLOSURES OR NOTICES PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE REQUIRED BY FEDERAL OR STATE LAW; (4) ANY CUSTOMER SERVICE COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, COMMUNICATIONS WITH RESPECT TO CLAIMS OF ERROR OR UNAUTHORIZED USE OF THE SERVICES; AND, (5) ANY OTHER COMMUNICATIONS RELATED TO THIS AGREEMENT. YOUR VALID EMAIL ADDRESS IS THE ONE WHICH YOU PROVIDE TO VERSIOPAY ON YOUR APPLICATION. YOU AGREE TO PROVIDE VERSIOPAY WITH NOTICE OF ANY CHANGE TO YOUR EMAIL ADDRESS AND AGREE TO BE BOUND BY ANY COMMUNICATIONS SENT TO YOU BY VERSIOPAY AT THE LAST EMAIL ADDRESS PROVIDED BY YOU TO VERSIOPAY.

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When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.