ESIGN CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES
We want to develop a transparent, streamlined relationship with you and as part of that, we want to make certain you have access to all necessary information required to effectively manage your account and account documents. By law, we are required to give you certain information “in writing”, which means you are entitled to receive paper copies of certain material. Alternatively, with your consent, we may provide this information to you electronically. We also need your general consent to use electronic records and electronic signatures. Before we give you access to our Electronic Portal and Services, you must review and provide your consent to the terms enumerated below.
In this consent:- "We," "us," "our" means the Merchant or Merchant Servicer: SurePay.
- “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.
- “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
- “SurePay Product” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. SurePay Products include Electronic Services.
- “Communications” means each disclosure, notice, contract, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
- The words “include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
1. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). View additional examples of types of Communications that we may send as Electronic Records under this consent. We may also use electronic signatures and obtain them from you as part of our transactions with you.Electronic Records may be delivered to you in a variety of ways. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.
Sometimes the law, or our contract with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this consent will automatically cover those Communications as well.
2. Your option to receive paper copies.
If we provide Electronic Records to you, and you want a paper copy, you may contact the appropriate customer support representative and request a paper version. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law. Please refer to the applicable contract for any fee that may apply for paper copies.3. Your consent covers all SurePay Products; Privacy Policies.
Your consent covers all Communications relating to any SurePay Product. Your consent remains in effect until you give us notice that you are withdrawing it.From time to time, you may seek to obtain a new SurePay Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other SurePay Product.
You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.surepaylg.com, or, with prior notice to you, on another website where we offer Electronic Services.
4. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal.
You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of your access to our Electronic Services, including online account access.Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
If you are receiving online account information, the termination will cause paper information to be mailed to you via the U.S. Postal Service or other courier. Depending on the specific SurePay Product, if you withdraw consent we may charge higher or additional fees for that product or for services related to it. Please refer to the applicable contract for any fee that may apply.
To withdraw your consent, you must contact us at 1.801.449.9399.
5. You must keep your email or electronic address current with us.
You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by going to the Client Profile page within your online account and updating your contact information. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may also change that address by going to the Clieint Profile page. There may be other, special SurePay Products for which we provide separate instructions to update your email or other electronic address.6. Hardware and software you will need.
To receive Electronic Records, you must have access to:- a Current Version (defined below) of an Internet browser we support,
- a connection to the Internet,
- a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and
- a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
You should check the Technical Requirements page occasionally for updates on supported software. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with your Contract.
7. Changes to hardware or software requirements.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.8. Your enrollment in Electronic Services using our equipment.
If you enroll for an Electronic Service through one of our customer support representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use electronic records and signatures under the terms of this ESIGN Consent.9. Communications in languages other than English.
Please note, we may be unable to fulfill and service SurePay Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English.By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your SurePay Products .
Additional examples of electronic records covered by your consent include:
This ESIGN Consent Disclosure and any amendments; Our Online Contract, other service or account access to our Electronic Services, and all amendments to any of these contracts; All of the Communications related to any SurePay Product, except for those excluded by the terms of this ESIGN Consent Disclosure; All of the periodic account and activity statements, disclosures and notices we provide to you concerning your SurePay Products; Any notice or disclosure regarding fees or assessments of any kind, including late fees, and returned payment fees; Notices of amendments to any of your contracts with us; and Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.