nenaudokit AlertPay! ! !

paziurekim skirtumus "User agreement" tarp StormPay ir AlertPay

https://www.alertpay.com/SiteTermsAndConditions.aspx

https://www.stormpay.com/stormpay/user/abou...bout_us.php?v=u

1.

Agency Relationship. AAlertPay acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. AlertPay will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that AlertPay is not a bank and the Service is a payment processing service rather than a banking service.

By initiating and sending payments through the Service or adding funds to your balance, you appoint AlertPay as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and AlertPay holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.

By receiving payments through the Service, you appoint AlertPay as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct AlertPay with respect to the transmission of your funds. Through the AlertPay website, you may provide instructions to withdraw the funds or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through AlertPay but you have not registered for the Service, AlertPay will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment.

6.3. By initiating purchase through the Service or adding funds to your purchase account, you appoint StormPay as your agent to obtain the funds on your behalf and to complete the purchase that you designate or deposit to a Pooled Account, subject to the terms and restrictions of this Agreement. StormPay will obtain the funds first by debiting your funds in the Pooled Accounts if any. If this is not sufficient to fund your payment fully, StormPay will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card, whichever is chosen as default in your user preferences area. When you initiate a purchase, until that payment is accepted by StormPay for the purpose of a purchase (which may occur instantly), you remain the owner of those funds and StormPay holds those funds as your agent, but you will not be able to withdraw those funds or or use the funds for another purchase unless the initial transaction is cancelled.

2.

Release. IIn the event that you have a dispute with one or more users, you release AlertPay (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. We, subsidiaries, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. We, our parent, subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. AlertPay shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

6.7. Release. In the event that you have a dispute with one or more users, you release StormPay (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

3.

Indemnification. You agree to indemnify and hold AlertPay, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

You agree that, if either you or AlertPay commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

4. Indemnification - You agree to indemnify and hold StormPay, its affiliates, officers, directors, share holders, and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

4.

CLOSING ACCOUNTS AND LIMITING ACCOUNT ACCESS

AlertPay reserves the right to limit access to purchasing or making withdrawals from an account for any one of the events listed below:

Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorized or your account compromised, and is done in order to protect you from further unauthorized use of your card;

Reports of unauthorized or unusual bank account use associated with the account;

Abuse by a buyer of the reversal process provided by the buyer's issuing bank;

Consistent failure to pursue the Buyer Complaint Process described above before pursuing any alternate reversal process provided by the buyer's issuing bank;

Initiation by a buyer of a reversal process through the buyer's issuing bank without first pursuing the Buyer Complaint process described below;

Initiation of transactions considered to be cash advances or assisting in cash advances

Sending unsolicited email or posting referral links on websites where they are not permitted;

Opening multiple Personal accounts;

The account has been used in or to facilitate fraudulent activity;

Violations of this User Agreement;

Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number;

Use of an anonymizing proxy;

Receipt by AlertPay of excessive complaints regarding your account, business or service

AlertPay will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly. Should your account be restricted, all funds will be held for a period of time until the issue can become resolved. However depending on the reason of restriction, it may be held for a lesser period which will be determined at the discretion of the Account Specialist. By following the AlertPay rules, you can help protect your account from being limited.

7. Closing accounts and limiting account access: StormPay Inc. reserves the right to limit access to purchasing or making withdrawals from an account for any one of the events listed below. In the event your account access is restricted, all funds within the account will be held for a minimum period of 180 days to cover against any chargebacks your account may incur. After 180 days of account restriction, you may contact StormPay Inc. to request the balance of any remaining funds held within your StormPay account. See reasons below:

Reports of unauthorized or unusual bank account use associated with the account.

Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorized or your account compromised, and is done in order to protect you from further unauthorized use of your card.

Abuse by a buyer of the reversal process provided by the buyer's issuing bank.

Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped.

Receipt of potentially fraudulent funds.

Refusal to cooperate in an investigation or provide confirmation of identity when requested.

Initiation by a buyer of a reversal process through the buyer's issuing bank without first pursuing the vendor or StormPay Inc. to satisfy the situation.

Opening multiple StormPay accounts.

The account has been used in or to facilitate fraudulent activity.

Name on the bank account does not match the name on the StormPay account or does not relate to the name on the StormPay account.

Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number.

Receipt by StormPay of excessive complaints regarding your account, business or service.

Use of an anonymizing proxy.

Logging in from any country on StormPay's non-approved country list.

Initiation of transactions considered to be cash advances or assisting in cash advances.

Sending unsolicited email or posting referral links on websites where they are not permitted.

Any violations of this user agreement.

5.

Chargeback Fee. Since AlertPay is only a 3rd party processor, all chargeback fees incurred will be passed along to the merchant that is deemed responsible for triggering this action. AlertPay will assess the receiver a $35.00 USD fee to recipients of credit card, or ACH payment. A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card, or ACH transaction is reversed. This often occurs when the sender is unsatisfied with the merchant and has selected to dispute the charges with their funding option rather then contacting AlertPay directly. Disputing/reversing the funding process that was used to legitimately fund your AlertPay account either through credit card, or ACH (E-check) is considered fraud and will be treated as such. This action will be prosecuted to the fullest extent allowable by law. Your AlertPay account will be terminated and you will be banned from any future use of our services. Any fees and amounts disputed will be held accountable and turned over to be collected.

Funds Recovery. In the event that funds that were paid to you and were then disputed with AlertPay by the sender through a chargeback, AlertPay will retrieve the funds if available from the senders account, if that is not available, it will be retrieved from the receivers account for the original transaction. By using direct deposit as your withdrawal method, you authorize AlertPay to retrieve any funds that have been disputed with AlertPay to recover the lost monies. If you received the amount by check, you agree that any negative balance in your AlertPay account is liable to be paid by you, or your case will be turned over for a collection agency for recovery.

10. Chargebacks: If you receive a payment into your account which resulted from a fraudulent or chargedback transaction from the sender, the funds will be reversed from your account. Chargebacks occur most commonly when a user funds by check or credit card and either does not have the funds in their checking account to cover the transaction or is using stolen financial information. Chargebacks cost us all money, and StormPay Inc. will prosecute any fraud to the fullest extent of the law.

If you receive funds through a StormPay transaction funded with the sender's credit card or bank account, in the event the credit card, check, e-check, or ACH transaction is charged back, you agree to hold StormPay Inc. harmless for the reversal amount and to reimburse StormPay Inc. from either your StormPay account or by other means.

Chargeback Settlement Fee. To cover the cost of processing chargebacks, StormPay assesses a $35.00 USD fee to recipients of credit card, check, e-check, or ACH payment . (A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card, or the check, e-check, or ACH purchase is reversed.) StormPay is only a reseller and when these charges are charged to StormPay, StormPay must in turn charge the account at fault.

StormPay may use funds held in any StormPay account owned by you to recover amounts owed to StormPay due to chargebacks or for any other reason which puts your account into a negative balance situation. (A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card or sends NSF, or other funds not received by Stormpay check, e- check, or ach funding) In addition, funds from payments received will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences.

6.

Limitation of Liability. In no event shall we, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our service, or this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Our liability, subsidiaries, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.

6.9. Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

6.10. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Disadvantages of Alertpay on StormPay :

GENERAL This Agreement is governed by and interpreted under the laws of the province of Quebec, Canada as such laws are applied to agreements entered into and to be performed entirely within Quebec by Quebec residents.

what is the hell is this ?!! , only Qubec residents are allowed to make a court if AlertPay made any fraud action !!!!

Advantages of AlertPay on StormPay :

in fact there's alot of advantages , these advantages are mainly some Disadvantages of StormPay agreement :

2. Disclaimer of Warranties and Limitation of Liability - STORMPAY INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STORMPAY INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. STORMPAY INC. SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN STORMPAY INC. AND THE END USER. StormPay Inc. shall have no obligation to provide the Service, and shall have no liability to the End User in the event StormPay Inc. is unable, as may be determined in the sole discretion of StormPay Inc.: to make payment and or changes in methods of payment or operation that can make our service unsuitable for the end user.

6.8. No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. StormPay shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

6.13. Processing Limits. StormPay Inc. is required to obtain proof of identification and specific product details for any account processing an excess of $3,000.00 USD in any 30 day period.

13. Returned Item Fee: If you add funds to your StormPay account by Check, e-check, or ACH transfer and the check is returned unpaid from the bank for any reason, including but not limited to NSF, Closed Account, No Such Account, Unauthorized transaction or Stop Payment order you will be charged $25 for recovery, and $50 for a returned item fee for a total of $75.00. Please be sure that your bank routing and account numbers are correct to avoid these charges. Furthermore, you agree that StormPay Inc. has rights to use normal collection methods, including third party collection agencies to collect the Returned Item fees. You also agree that in the case of NSF returns that StormPay Inc. is authorized to electronically recover these funds and fees from bank account from which the NSF occurred. You also agree that in the case of NSF returns that Stormpay, Inc is authorized to electronically recover these funds and fees from the bank account from which the NSF occurred, and further, you agree that you will be responsible for any additional costs and legal expenses incurred by Stormpay for any unpaid account.

18.1. Right to refuse and investigate transactions - StormPay Inc. reserves the right at all times to refuse to process any purchases at any stage, which it believes in its sole discretion, is connected in any manner to money laundering activity or other unlawful purpose. StormPay Inc. reserves furthermore the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.

20. Changes or Updates to StormPay's User Agreement: StormPay Inc. reserves the right to change, modify, or update it's User Agreement at any time without prior notice. Anytime any changes, modifications, or updates are made to the User Agreement, StormPay will prompt users upon account log in to review the terms of the User Agreement before proceeding. If at that time you do not wish to agree with the changes, modifications, or updates, you should not proceed and contact Stormpay Inc. by clicking the "contact us" link found at the bottom of any StormPay webpage for account closure. By clicking "I agree" and continuing into the account, you are consenting that you agree with the updates or modifications to the user agreement.

28. Commission Based Business Model Policy. Due to high volumes of fraudulent transactions made to merchants with commission based business models, StormPay can no longer process payments for those type of merchants who choose to accept more than one payment processing solution.

Using more than one payment processor is exactly the situation that “fraud” seeks out. This enables the fraudulent user to set up a fake profile with either of the processors, make a purchase or join the program, and then withdraw their earnings to the other processor where the real identity is used. This sort of activity makes it nearly impossible for either processor, or law enforcement to properly handle the fraud because the “trail” comes to an end. This is the cause for a great many chargebacks to those merchants which can be avoided.

As of 1/30/2006 StormPay must require Merchants with a commissioned based business model who choose to accept StormPay, to only accept StormPay. StormPay certainly does not wish to dictate how our merchants run their business, all merchants are free to choose any processing solution that best suits their needs. We understand you have choices and certainly hope that choice is the online leader – StormPay. However, if another payment solution is used, please immediately remove StormPay from the associated website as a funding option and continue to use the StormPay account funds to finish payments to those members who paid using their StormPay account.

At StormPay we truly care about our merchants’ and the overall success of their business and sales and for that reason we have implemented these very necessary changes

Ju laukia stormpay likimas, kas neuzsiregistravot net nesiregistruokit, kas uzsiregistravot dinkit is ten kuo greiciau

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