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| EMPASYS™ ELECTRONIC FINANCIAL SOLUTIONS TERMS AND CONDITIONS |
 THE EMPASYS™ ELECTRONIC FINANCIAL SOLUTIONS SERVICE
As an EmpaSys™ customer (“Customer” or “You” or “Your”) may send a payment to any creditor (“Biller” or “Billers”, "Provider" or "Providers", "Recipient") from any one of the EmpaSys™ Payment locations (“Agent” or “Agent locations”) nationwide. Transaction Management, LLC (“Company”) transmits EmpaSys™ electronic payments to the Biller(s), Provider(s), or Recipient electronically or in the case of "out-of-network" bill payments, in the form of a money order. This process is referred to as the “Service” herein. Use of this Service constitutes Your agreement with these Terms and Conditions.
EMPASYS™ PRIVACY POLICY
Our goal is to protect the information that You provide. Following is our privacy policy regarding any personal information that You supply to the Service for the purpose of sending Your payments:
Company will only disclose to the respective Biller(s) or Provider(s) the information that was provided during enrollment into the Service, for use by the Service, and is required information for proper forwarding of the payment. We will not use Your personal information for a different purpose than the one stated when You provide your data.
The information typically gathered for enrollment consists of name, address, city, state, zip code, Your Customer account number(s) with the respective Biller or Provider, and possibly other information specifically related to Your account or the type of payment You are making. Without this information the ability to effectively complete a bill payment transaction, card load, or money tranfer for You will be affected. If You use this service, we will assume that You agree that the information you provided may be used as described in this statement. If you have questions or concerns feel free to call us at 1-866-EMPASYS (367-2797).
REFUNDS
The only time a payment will be refunded is when the bill payment Biller will not accept the payment You attempted to pay. In such cases, if the Biller promptly notifies EmpaSys™ of its refusal to accept the payment, EmpaSys™ will cancel the payment transaction and refund the principal amount to the Customer, but the fee for handling the payment attempt will not be refunded. All refunds shall be made within 30 days of receiving a valid written request to the address listed below. If the Biller does not promptly notify EmpaSys™ of its refusal to accept the transaction, EmpaSys™ will not be liable to the Customer for the refund, and the Customer should contact the Biller directly to obtain the refund. Prepaid debit loads, prepaid airtime pins and money transfer payments cannot be refunded.
LIABILITY
LIMITATION OF LIABILITY – COMPANY AGREES TO USE ITS BEST EFFORTS TO ENSURE THAT THIS PAYMENT IS SENT TO THE BILLER, PROVIDER, OR RECIPIENT; HOWEVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES, PENALTIES, LATE FEES, CHARGES, ASSESSMENTS OR DISRUPTIONS IN SERVICES IMPOSED AS RESULT OF DELAY, NONDELIVERY, NONPAYMENT, OR UNDERPAYMENT OF THIS TRANSACTION. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
RESOLUTION OF DISPUTES
Any dispute or claim arising from or relating to this transaction that involves a claim by Customer for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Arbitration Rules for the Resolution of Consumer-Related Disputes. Any other dispute or claim arising from or relating to this transaction shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in Fort Worth, Tarrant County, Texas, or in such other location as the parties may mutually agree. Each party shall bear its own attorney, expert and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS TRANSACTION.
Company and its agents may decline to accept any cash payment, or pay any money transfer that either of them determines, in their sole discretion, violates any applicable law or Company policy.
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