A. What This Agreement Covers

This Agreement between you and Payment Systems Group, Inc. (PSG) governs the use of Payment Services. These services permit Payment Systems Group, Inc. customers (partners, resellers, payments processors, consumers, and other business customers) to perform a number of Payment Service functions on accounts linked to our Service.

B. Accepting the Agreement

When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

A. Services for Businesses and Consumers

You may use our Services to:

• Process ACH and credit card transactions.
• Access accounts for you or your customers.

B. Additional Services

PSG offers businesses (partners, resellers, and payment processors) additional services and reports.

A. ACH Transactions

• Processing of ACH Transactions
• ACH transactions will be made from designated checking or savings accounts according to the schedule established and agreed upon.
• Cut-off Times for ACH Transactions
  • Changes to any scheduled transaction must be made by 12 PM CST the banking date prior to the scheduled transaction date. Banking days do not include weekends or banking holidays as determined by the Federal Reserve (http://www.fededirectory.frb.org/).

B. Check Transactions

• Processing of Checks
• Checks will be printed from a designated account under the control of Payment Systems Group, Inc.
• Cut-off Times for Payments
  • Changes to any scheduled transaction must be made by 12 PM CST the banking date prior to the scheduled transaction date. Banking days do not include weekends or banking holidays as determined by the Federal Reserve (http://www.fededirectory.frb.org/).

C. Credit Card Transactions

Payments, credits, and chargebacks will be done according to the rules and regulations of the issuing card bank and processor.

D. Limitations and Dollar Amounts for Transactions

Transactions can be for any amount between $0.01 and $99,999.99. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. In either case, we reserve the right to impose Non-Sufficient Funds (NSF) fees, and no further attempt may be made by PSG to issue the payment or process the transfer request. If your transfer exceeds the maximum amount stated above, it will not be processed.

PSG is under no obligation to notify you if it does not complete a payment or transfer due to non-sufficient funds or credit, incorrect bank information, or any other reason. In all cases you are responsible for verifying the successful completion of the transaction.

E. Canceling Transactions

You cannot change or cancel a transaction after the cut-off date (see Section III. Paragraphs A. and B.)

In order to cancel future-dated transactions, you must either cancel your account online, arrange for a different schedule online, or request cancellation of services in writing.

F. Our Liability for Failure to Cancel or Stop the Transaction

If you attempt to cancel a payment in accordance with the above instructions and we do not do so, we will be liable for your verified bank charges only.

A. Changes to Your Account or Personal Information

It is your sole responsibility to contact PSG if any account information changes. You must notify PSG in writing within three (3) business days of any changes related to your account, including but not limited to personal information, bank account information, or any other transaction-related information. You are responsible for making your own account changes online or notifying PSG in writing.

B. Other Charges

You may incur charges under the following circumstances:

• An NSF fee may apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
• We may charge you a research fee of $60.00 per hour for an inquiry about a transaction that occurred more than 180 days before the date you make the inquiry. This fee will be waived if we determine that an error occurred.
• A $25 stop payment fee may apply to stopped checks.
• Collections fees will be applied to all delinquent accounts.

C. Service Hours

Online services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you visit the affected web site.

D. Participation by Payees

Occasionally a Payee may choose not to participate in our Service or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or paper draft payment from PSG. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through our Services must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using our Service.

E. Changes to this Agreement

We may change this Agreement at any time. For example, we may add, delete, or amend terms or services. It is your responsibility to visit this page to view the current Agreement. If you maintain your services after the effective date of a change, you indicate your agreement with the change.

F. Cancellation

Your Services remain in effect until they are terminated by you or Payment Systems Group, Inc. You may cancel your service at any time by notifying us of your intent to cancel in writing, by fax, email or letter. Any in-progress or scheduled debit(s) or payment(s) are subject to the terms of Section III. Paragraphs A. and B.

If you choose to cancel your Services, any unprocessed payments may be canceled. You may, at the time of cancellation, determine whether any remaining funds in balance are to be forwarded to the Payee or refunded to you.

We may terminate your participation in our Services for any reason, including NSF, suspected fraud, reversed debits, or inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so.

G. Use of Email Address

With our Services, we may send messages to your email address relating to agreement changes, debit and payment activity. If for any reason your email address changes or becomes disabled please notify PSG immediately so that we can continue to provide you with automated messages. You may change your email address online or notify us through our Contact Form.

H. Contact by Payment Systems Group, Inc. or Affiliated Parties

No Payment Systems Group, Inc. or Payee employee, nor any company affiliated with PSG Services will contact you via email or phone requesting your user name or password. If you are contacted by anyone requesting this information please contact us immediately.

I. Initiating Transaction Inquiries

To initiate a transaction inquiry, please contact the appropriate Customer Service Center for the Service you are using. You may also contact us by using our Contact Form.

J. Disclosure of Account Information

We will disclose information to third parties about your account or your transactions:

• When it is necessary for completing transactions or to investigate or resolve a problem related to a transactiont.
• To comply with a government agency or court orders or with the request of a federal regulator.
• If we reasonably believe there has been fraudulent activity.

For more information on our Privacy Policy for Consumers please read our Privacy Policy.

K. Authorization to Discuss My Account with Payee

I authorize Payment Systems Group, Inc. to give instructions to and receive information from my Payee for the life of the account.

A. Limitation of PSG's Liability

Contact us immediately if you believe your Services password has been compromised or if someone has changed the loan payable information on your account. The best way to minimize your loss is to contact us immediately. The unauthorized use of your Services could cause you to lose funds that are collected to be paid on your loans.

When you give someone your user name and password, you are authorizing that person to use your account, and you are responsible for all transactions that person performs while using your account. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions.

Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

For your protection, logout after every online session and close your browser to ensure confidentiality.

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per our agreeement, unless otherwise required by law, our liability shall be limited to contacting the Payee and requesting that any charges or fees be waived. If we make a payment or transfer in an erroneous amount that exceeds the amount per your service agreement, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid. Unless otherwise required by law, in no event will PSG be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility of such damages.

B. Our Liability for Failure to Complete Transactions

If we do not complete a transaction for your account on time, or in the correct amount according to our Agreement with you, we will be liable for your bank fees only. However, there are some exceptions. For instance we will not be liable:

• If, through no fault of ours, you do not have sufficient funds in your account (or available credit under your overdraft protection plan), or credit to cover the transaction or transfer.
• If online Services were not working properly, and you knew about the malfunction when you started the transaction.
• If circumstances beyond our control (such as fire or flood) prevented the transaction, despite reasonable precautions taken.
• If there are postal delays, misdelivered mail, or processing delays by the Payee.

There may be other exceptions not specifically mentioned.

C. Acknowledgement of Commercially Reasonable Security Procedures

By using our Services, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures.

D. Funds Holding Period

Funds subject to cancellation or refund activities may be subject to a three (3) banking day holding period for clearing purposes.