TERMS OF SERVICE
This Agreement ("Terms and Conditions") is between you and Surepay Finance ("Surepay"). We encourage you to become familiar with the Terms and Conditions before activating your Contract. By using the Surepay portal/website ("website"), you agree to the Terms and Conditions and understand that this is a legally binding agreement. If you do not agree with these terms, you must leave the Surepay website immediately.
In this Agreement:- "We," "us," "our" means the Merchant or Merchant Servicer: Surepay Finance or any Third Party we choose to assign as collection agent.
- “You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any Merchant or Surepay Product that you apply for, use or access.
2. Website - Not Offering Legal Advice: You agree to use the Surepay website "as-is" and in accordance with the Terms and Conditions. You acknowledge that you have read and accepted the Terms and Conditions described herewith.
You understand that nothing on the Surepay website should be construed as legal advice. You should always seek your own legal advice before entering into a legally binding contract. Surepay does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Surepay website.
3. Authorization to Contact Third Parties, Including References:You acknowledge that we may verify the truthfulness of the information you provided on this application or to determine your location by contacting third parties, including the references listed above. Your application may be rejected if any information provided is found to be false.
You hereby authorize us to contact your bank to verify funds. You authorize us to call your bank, identify the company, and confirm that you have sufficient funds in your account.
4. Communications with You and Phone Messages: You give us permission to call the phone numbers provided or leave a voice message at the phone numbers provided in this credit application, disclosing the name of the Company, contact information, and the nature of the call. Transaction Robocalls (Including SMS Text Messages) to Your Cellular Phone. Receipt of cellular phone calls (including text messages) may be subject to charges from your service provider. If you have listed a cell phone above or you give us an updated cell phone number, then you authorize us to call (including sending SMS text messages) using an automatic telephone dialing system or prerecorded message to your cell phone number to provide account information and services, such as when your transaction is approved, payment reminders and collection efforts. If you do not want to receive robocalls (including SMS text messages) about your transaction you can unsubscribe by following the opt-out procedures in the message.
5. Mail and Email Communication with You: You authorize us from time to time to communicate with you via mail and email. If you do not want to receive email communications, you can unsubscribe by following the opt-out procedures in the email.
6. Credit Inquiries and Reporting Authorization: You authorize us to obtain information from third party database agencies and companies, for credit evaluation purposes. You also authorize the reporting of this Credit Application and credit history to any and all of these credit bureaus and other credit reporting agencies and companies. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
You give us consent to validate the accuracy of information entered and to make a "real-time" funding decision.
7. Banking Information: Bank account information is used to validate your identity and to evaluate your ability to repay. By providing bank account information, you are not required to repay by recurring debits to your bank account. You are not required to agree to debit card payments.
8. Indemnification:You hereby agree to indemnify, defend and hold Surepay, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (“Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Surepay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Surepay.
9. Arbitration and Waiver of Jury Trial: Arbitration is a means for legal matters between parties to be resolved by a neutral arbitrator rather than a Court. We have a policy of arbitrating all claims, demands, and disputes which cannot be resolved in a small claims tribunal, including the scope and validity of this arbitration provision and any right you may have to participate in an alleged class action (hereinafter "dispute(s)"). All customer agreements contain another arbitration provision that supersedes this arbitration provision and governs the resolution of disputes. However, if you do not enter into a customer agreement with us, then this arbitration provision governs the resolution of disputes. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY to resolve disputes against us, our agents and/or owners. The Federal Arbitration Act governs this arbitration provision. If either party has a dispute, they must notify the other in writing of the dispute. You have the right to select either of the following arbitration organizations, which will govern the arbitration under its consumer rules: the American Arbitration Association (1-800-778-7879) http://www.adr.org, or JAMS (1-800-352-5267) http://www.jamsadr.com/ and we will advance all of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator's fees. You will be responsible for your attorney's fees, if any. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. The arbitrator shall not conduct class arbitration. The arbitration hearing will be conducted in the county in which this Client Application was signed.