1. Authorization for Services. I hereby authorize Meracord to receive payments from me, hold my money, disburse payments, and provide me with account and transaction information (collectively, “Services”) as these Services relate to my agreement with my Service Provider. I understand and specifically acknowledge that Meracord is providing these Services to me as an independent third-party and is not an employee, partner, joint venturer or agent of my Service Provider.
2. Meracord Fees. I acknowledge that Meracord charges fees for its Services that are separate from the fees I have agreed to pay my Service Provider. Unless I have agreed to pay Meracord’s fees in my Payor Services Agreement, I understand that all of Meracord’s fees will be paid by my Service Provider and that I will not be separately responsible for payment of any fees to Meracord. I understand that Meracord may change its fees at any time either with or without advance notice to me.
3. Payments. I understand that Meracord accepts electronic payments (ACH, Pay-By-Web, Pay-By-Phone), non-electronic payments (money orders, personal checks) and payment cards (credit card, debit card) and that the processing fee is based on the payment method I choose. I understand that Meracord does not accept post-dated checks. If I remit a post-dated check and it is processed, I understand that Meracord takes no responsibility for any fees that I may incur as a result.
4. Disbursements. I authorize Meracord to disburse money on my behalf according to the terms of the agreement with my Service Provider. I agree to waive, release, and hold harmless Meracord from and against any and all claims and causes of action involving disbursements in reliance on my authorization.
5. Trust Account. I understand and agree that my payments will be deposited to, held in, and disbursed from a Meracord Client Trust Account. I acknowledge and agree that the Meracord Client Trust Account is non-interest bearing, which means no interest will accrue on the funds being held on my behalf and I will not be entitled to any interest or other compensation or consideration on those funds on those funds. I understand that my funds being held by Meracord belong to me and that they are separately insured by the FDIC up to the maximum amount.
6. Account Information. I understand and agree that my Service Provider will be given access to view my Meracord account information and that Meracord may communicate with my Service Provider about my Meracord account information.
7. Cancellation. I understand that, if I want to cancel this Payor Services Agreement and close my Meracord account, I can contact Meracord via: PHONE: 1-800-535-9192; E-MAIL: pas@Meracord.com; MAIL: Meracord, PO Box 2236, Tacoma WA 98401; or FAX: 1-877-830-3177. I understand that all cancellations will be completed within five (5) days of such request and that Meracord will not charge me a fee for cancellation.
8. Refunds. If I cancel my Meracord account or otherwise make a request for a refund, Meracord will return to me all funds in Meracord’s possession, if any, as of the date my notice is received by Meracord. I acknowledge and agree that my refund will not include amounts already disbursed to my Service Provider, fees that may be owed for work actually performed by my Service Provider as of the date of my cancellation request, and fees already received by Meracord. I understand that refunds will be processed within five (5) days of any request and that Meracord will not charge me a fee for the refund. I agree that, Meracord shall remit any refunds due to me via ACH credit to the bank account from which the funds were withdrawn or via check mailed to the address reflected in Meracord’s records, unless otherwise instructed by me in writing.
9. Release. I agree to release Meracord and its owners, officers, members, managers, agents and employees from any and all claims, damages, demands, lawsuits, liabilities, losses and any other legal actions or proceedings arising out of a dispute between me and my Service Provider.
10. Electronic Signature. In the event that I sign this Payor Services Agreement via electronic means, I acknowledge and agree that my electronic signature on the Payor Services Agreement has the same validity, enforceability and legal effect as if the document had been actually signed by me in writing.
12. USA Patriot Act Compliance. Meracord is a registered Money Services Business (MSB) with the U.S. Department of Treasury. As an MSB, Meracord is required to conduct a review of all account holders against a list maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC). A review of names against an OFAC list is a way of identifying persons who may be using Meracord for money laundering, terrorist or other illegal activities. In order to facilitate this required screening, I agree to provide Meracord with any and all information requested, including, but not limited to, my social security number (SSN)/taxpayer identification number (TIN) and date of birth (DOB). In addition, I understand that Meracord cannot and will not process any payment of $3,000 or more unless and until I have provided my SSN/TIN and DOB. If I fail to provide my SSN/TIN and DOB when required and/or requested, I understand that Meracord will not process my payment(s) and may, in its sole discretion, terminate this Payor Services Agreement.
13. Limits on Services. I understand that Meracord is not an owner, employee, contractor, partner, joint venturer, or agent of my Service Provider and that Meracord is a completely separate and unrelated company. I understand and acknowledge that Meracord does not provide any legal services to me. I further acknowledge that Meracord is not responsible for any of the following: (A) the correctness, completeness or legal sufficiency of the contract between me and my Service Provider; (B) notifying my Service Provider of my non-payment; (C) performing any act not expressly set forth in the Payor Services Agreement, even if such act is described in the contract between me and my Service Provider; (D) my failure to make full payments when due; or (E) any aspect of the contract between me and my Service Provider. Meracord's responsibilities are expressly limited to those set forth in the Payor Services Agreement.
14. Limitations on Liability. Meracord will be responsible only for the exercise of ordinary care in providing the Services and shall be released from all further liability. I expressly agree that under no circumstances will Meracord’s maximum liability for any claim arising under or related in any way to this Sign-Up Agreement, or the relationship between me and any other party, exceed the fees that Meracord itself collected from me under this Sign-Up Agreement. This limitation of liability includes all claims of any nature, including claims in contract, in tort, under any statutory provision, in law, in equity, or otherwise. Under no circumstances will I be entitled to receive any consequential, incidental or punitive damages of any sort against Meracord. I agree to release Meracord and its officers, members, managers, agents and employees from any and all claims, demands and damages arising out of a dispute between me and my Service Provider. In no event will Meracord be liable for any act or omission of any third party, including, but not limited to, my financial institution; Meracord’s financial institution; any third party service provider; any provider of telecommunications services, internet access, or computer equipment or software; any mail or delivery service; any payment or clearinghouse system; any directive of any regulatory authority; or, for any circumstance beyond Meracord's control (including but not limited to, fire, flood, other natural disaster, war, act of terror, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
15. Indemnity. I agree to indemnify and hold Meracord, its owners, officers, managers, members and employees harmless from any and all claims, damages, demands, liabilities, suits, losses, other legal actions and proceedings, and expenses of any kind or nature, including, but not limited to, reasonable costs and attorneys’ fees, arising out of or in any way related to the provision of Services to me, unless such claims, damages, demands, liabilities, suits, losses, other legal actions and proceedings, and expenses arise out of Meracord’s failure to exercise ordinary care in providing Services to me. I agree to pay Meracord upon demand for said items.
16. Interpleader. In the event of a dispute between, or conflicting instructions from, me and my Service Provider, I agree that Meracord shall have the right to discontinue Services to me until such time as Meracord is notified in writing by me and my Service Provider that the dispute is resolved and/or the right to terminate my Payor Services Agreement. If the dispute involves funds in Meracord’s possession received from me, Meracord may, at its sole election, retain the disputed funds in Meracord’s non-interest bearing Client Trust Account or begin an interpleader action in a court of Meracord’s choosing. I agree to indemnify and hold Meracord harmless for any costs, damages, attorneys’ fees, employee time, expenses, and liabilities sustained in connection with such a dispute, including any attorneys’ fees or costs arising out of a court action of interpleader. I agree to pay Meracord upon demand for said items.
17. Bankruptcy. If Meracord receives written notification that I have filed for bankruptcy protection, Meracord will take reasonable steps to notify my Service Provider; will cease all further debits from my designated bank account; will make no further disbursements on my behalf; and, will return all funds, if any, being held on my behalf in Meracord’s Client Trust Account. If written notice is received by Meracord while a scheduled debit is “in process,” Meracord will reverse the debit as soon as legally practical. Meracord is not responsible, or liable to me, for any payments that were received from me or disbursed by Meracord prior to receipt of written notice of my bankruptcy filing.
18. Amendments to the Payor Services Agreement. Other than as specifically set forth in Paragraph 2, I agree that Meracord can amend the Payor Services Agreement, in whole or in part, at any time by posting the revised Payor Services Agreement on its website and/or
by otherwise notifying me of such revisions. I further agree that any such revisions will supersede any and all previous versions of the Payor Services Agreement and will be immediately binding upon me as if they bear my signature. If I decide not to be bound by the revised Payor Services Agreement, I may cancel my Meracord account by following the procedures outlined in Paragraph 7 herein.
19. Death. Upon notification of the death of a Meracord account holder, Meracord will hold funds of the decedent, if any, in its non-interest bearing Client Trust Account until such time as Meracord, in its sole discretion, has sufficient documentation to establish rightful successor ownership.
20. Unclaimed Property. If no activity has occurred on my account within the time period specified by law and Meracord is unable to return funds in its possession belonging to me or my lawful successor-in-interest, my funds will be escheated in accordance with the applicable state’s Unclaimed Property law. Once funds have been turned over to the applicable state, Meracord has no further responsibility for such funds.
21. Arbitration. In the event of any dispute or claim arising out of or relating in any way to the Payor Services Agreement, the Services, or any aspect of my relationship with Meracord whatsoever, I agree that such dispute or claim shall be resolved by binding arbitration in accordance with the American Arbitration Association's (AAA) Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes. If an in-person hearing is necessary, Meracord agrees such hearing will be held at the AAA office closest to the county in which I reside at the time. If the arbitrator awards me an amount greater than Meracord's last settlement offer, Meracord will also pay me the lesser of $1,500 or the total of any attorneys' fees and other costs of arbitration I actually incurred to arbitrate my dispute or claim. I understand and agree that I will be required to provide Meracord evidence of my attorneys' fees and costs incurred as a condition of this payment. The decision of the arbitrator will be final and subject to enforcement in a court of competent jurisdiction. I understand that, if I do not want to agree to this arbitration provision, I can terminate my account with Meracord by sending a signed written notice to Meracord, ATTN: Legal Department, P.O. Box 2236, Tacoma, WA 98401, no later than 30 days after the date I have signed the Meracord Payor Services Agreement. If I do not provide such written notice and terminate my account with Meracord, I agree to be bound by this arbitration provision.
22. Class Action Waiver. I acknowledge and agree that the binding arbitration I have agreed to above will provide me with a fair and low cost method of addressing any dispute that arises between me and Meracord. I therefore waive any right I might otherwise have to participate in class action litigation or class action arbitration. I agree that all of my disputes with Meracord must be pursued by me individually and not by me in a representative capacity for others. I further agree not to participate as a class member in any class action litigation or class action arbitration.
23. Choice of Law. I agree that my Payor Services Agreement and these Terms and Conditions shall be governed by, and interpreted under, the laws of the State of Washington, without regard to conflict of law principles.
24. Entire Agreement; Severability. These Terms and Conditions are incorporated into and made part of my Payor Services Agreement as if fully set forth in the Payor Services Agreement. The Payor Services Agreement, including these Terms and Conditions, constitute the entire understanding between me and Meracord. If any provision of the Payor Services Agreement, including these Terms and Conditions, is held by a court to be invalid or unenforceable for any reason, such provision shall be struck and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. In the event part or all of Paragraph 21 is struck, I agree that all disputes or claims that are not subject to arbitration shall be brought in the county in which I reside, subject to Paragraph 22 above, and that the Payor Services Agreement shall be governed by the laws of the state in which I resided at the time it was executed.
25. Survival. In the event of any termination or expiration of the Payor Services Agreement by me or Meracord for any reason, Paragraphs 1, 5, 8, 9, 11, 13-16 and 19-25 shall survive in their entirety.