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WePay Terms and Conditions

These Terms and Conditions, as may be amended from time to time (the "Agreement") apply to your use of the WePay Services, are a legal contract between you and WePay, and describe the relationship between you, WePay and our partner bank.  For information regarding your bank relationship and the WePay Prepaid Visa® Card please see the Cardholder Agreement.

In order to use the WePay Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. Your continued use  of the WePay Services following any update to this Agreement will be deemed acceptance of the updated Agreement.

THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE WEPAY SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, REGISTERING FOR, ACCESSING OR USING ANY WEPAY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEPAY SERVICES AND FOLLOW THE APPLICABLE INSTRUCTIONS IN THIS AGREEMENT.

Consent to Electronic Disclosures

Because WePay Services are provided electronically, you must consent to WePay's providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.

By consenting to receive information electronically, you will receive the following information and disclosures electronically at this website or via electronic mail ("email"):

1. the WePay Terms and Conditions, including legal disclosures
2. any future changes to the WePay Terms and Conditions
3. the WePay Privacy Policy
4. account information, including Transaction history and balance, and
5. any other notices, legal communications, or disclosures.

To receive this information electronically, and access and retain any disclosures received, you will need a computer with Internet access, and the ability to receive and read email. Please note that some web browsers may not be supported.

 

By proceeding with registration to use WePay Services:

1. you agree to receive information and disclosures electronically on this website and via email and confirm that you will download or print any disclosures for your records;
2. you acknowledge that you can access information that is provided electronically at this website and via email;
3. you are authorizing the delivery of disclosures regarding the WePay Services electronically on this website and via email and providing your consent to receive electronic communications; and
4. you agree to receive email regarding the WePay Services.

Notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

You may view your transaction history at any time by logging into WePay. You agree to review your transaction history through our website instead of receiving periodic statements by mail.

By Providing WePay a telephone number (including a wireless/cellular telephone), you consent to receiving auto-dialed and prerecorded message calls from WePay at that number.

You can withdraw your consent to receive electronic communications by emailing us at support@wepay.com. However, if you withdraw your consent, you will no longer be able to use the WePay Services. Withdrawing your consent will not affect the validity of pending or completed transactions. You can obtain a paper copy of an electronic record by contacting us at support@wepay.com; WePay may charge a fee. To update your contact information, log in to WePay and click on "My Settings".

 

WePay Mobile Site

The mobile version of the WePay website (the “Mobile Site”) allows users to access many of the WePay Services through a mobile device. If you use the Mobile Site you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the WePay Services.

 

Identity Authentication

To help the government fight terrorism and money laundering activities, WePay obtains, verifies, and sometimes stores personal information.

You authorize WePay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your Information against third party databases or through other sources. If WePay cannot verify your identity, and in certain other cases, WePay may not be able to allow you to use the WePay Services.  For more information please review our Privacy Policy .

When you provide WePay with bank account information for use as a Payment Method, you authorize WePay to initiate two small credits (micro-deposits) to the bank account you identify (each less than $1) through the Automated Clearing House ('ACH') system. WePay will ask you to identify the amount of those transactions to verify your control over the bank account. WePay may also require you to submit a valid government-issued ID and/or an image of a voided check.

 

Eligibility  

To be eligible for the WePay Services you must be at least 18 years old. By registering for, accessing, or using the WePay Services, you represent that you are at least 18 years old. The WePay Services are not available to anyone who has been suspended or removed from using the WePay Services.

 

Our Relationship with You

WePay is a service provider. WePay does not have control over or liability for products or services paid for using WePay.

 

Payers

 

WePay is a payments service provider. The use of the WePay Services by sponsored merchants in no way represents any endorsement by WePay of their policies, practices or beliefs. Furthermore, WePay provides no guarantees to Payers regarding products or services purchased through the WePay Services, nor does it make any representations regarding the tax deductibillity of donations.

 

Sponsored Merchants

 

Account Administrators are considered Sponsored Merchant swhen using the WePay Services to accept payments. By using the WePay Services, Sponsored Merchants must:

 

1. Protect cardholder information, including name, address, account number, phone number, email, and any other cardholder information.
2. Agree to verification and credit checks, "know your customer" checks, and anti-money laundering checks.
3. Cease using the WePay Services if found to be in violation of this Agreement
4. Agree to reviews to ensure that their websites present no harm to WePay or the Card Networks, including American Express, VISA, Mastercard, and Discover.
5. Make customer service information readily available to Payers, including an active email address and phone number.

 

WePay Services

When you register for WePay, you must provide your first name, last name, and email address, and you must select a password.  You must keep your password confidential and not disclose it to others. When you successfully register for WePay, you become a "User".

Creating Accounts 

When a User creates an Account, WePay establishes a corresponding PrePaid Account in that User’s name at WePay’s Partner Bank. This Prepaid Account is governed by the Cardholder Agreement.  Funds are held in these PrePaid Accounts, and accessed through the WePay website. The  Account Balance displayed on the WePay website reflects the balance of the corresponding Prepaid Account. The terms of the WePay Prepaid Visa® Card govern the use of your PrePaid Account, and this Agreement applies to your use of the WePay Services in connection with it.

Deleting an Account

Admins can only delete Accounts that have no pending payments and that do not currently hold a balance. When an Account is deleted, the transaction history and other historical information about the Account may no longer be available to the User. This action cannot be undone.  

Collecting Payments

Users can collect payments by Sending Bills, Selling Tickets, Selling Items, or Accepting Donations.  WePay does not make any warranties regarding the amount of money that users can or will collect.

Changing Admins  

Users can change the Admin of an Account. The Account Admin is the owner of that Account. By changing the Admin, the User is also changing the name on and owner of the corresponding PrePaid Account.  Ownership of the Account and the funds in the corresponding PrePaid Account will be transferred to the new Admin. This action cannot be undone.

Adding a Moderator  

Admins can make other Users into Moderators of an Account. Moderators can view transaction history and account balance. Moderators can also change the Account’s Public Pages (including Donation Pages, Event Pages, Store Pages, and others), and collect money on behalf of the Account.

 

Joining an Account  

Users can join Accounts to which they have been invited by the Account Admin. By joining an Account, Users do not gain any access or claim to the funds held in the Account's corresponding Prepaid Account. All payments to the Account shall be considered payments to the Account Admin.

 

Making a Credit or Debit Card Payment  

When a Payer uses a credit or debit card to make a payment on WePay, the Payer’s is promptly authorized for the amount of the payment, which decreases the available balance, though the Payer’s card is not charged.  This authorization ensures that WePay can charge the card for the full amount of the payment.  Once a card has been authorized, it undergoes a Risk Review Process, which typically takes less than one hour.  If the payment enters the Extra Review Process, it may take longer, but you, as a Payer, will be contacted and informed of this promptly. Upon successful completion of the Risk Review and/or Extra Review Processes, the card will be charged for the amount of the payment and the recipient’s Prepaid Account is promptly credited.  If not successfully completed, the authorization is promptly cancelled and the available balance on the Payer’s card returns to its pre-transaction level.

Making a Bank Account Payment

When a Payer uses a bank account to make a payment on WePay, the bank account must be verified with Instant Account Verifiication, PhotoVerify, or Micro-deposits. Instant Verification takes approximately 180 seconds, PhotoVerify takes about 1 hour, and Micro-deposits take 1-2 business days. Payments attempted with an un-verified Bank Account will be queued pending successful verification.  Bank accounts will not be debited until they have been successfully verified.  When a bank account payment is made on WePay, it enters the Risk Review Process, which is typically completed within one hour.  If WePay requires additional information or if the payment enters the Extra Review Process, it may take longer, but you, as a Payer, will be contacted and informed of this promptly. Upon successful completion of the Risk Review and/or Extra Review Processes, the bank account will be debited for the amount of the payment.  If these processes are not successfully completed, your account, as a Payer, will not be debited.

Adding Credit Cards, Debit Cards and Bank Accounts to your Profile

You can link most credit cards, debit cards and checking accounts to your User Profile. Linking an eligible credit card, debit card or checking account (a "Payment Method") allows you to use the WePay Services (1) to make payments with a Payment Method, (2) to transfer funds from an Account to a Payment Method, or (3) to receive funds that are sent to you by an Account. Eligible credit cards and debit cards can be used as a Payment Method, but you cannot transfer funds from a WePay Account to a credit or debit card. Linked checking accounts must be in a U.S. depository institution and must be accessible through the ACH network. Most checking accounts are accessible via the ACH network. WePay does not have liability for your credit cards, debit cards or checking accounts.

All payments are in U.S. dollars. WePay reserves the right to refuse payments from you, or payments to any or all of your Accounts for any reason, including your failure to provide WePay with adequate or accurate identity verification information.

WePay may set limits on the type, amount, and frequency of payments. Once you reach a particular limit, your ability to make additional payments may be suspended. In addition, your ability to transfer funds to a particular Payment Method may be suspended if payments to or from that Payment Method are rejected or fail for any reason.  WePay may increase applicable limits in its discretion as you continue to use the WePay Services. The limits are for the protection of WePay. WePay will not be liable to you for failing to enforce any of these limits.

When you link a Payment Method with WePay, you are affirming that you have all necessary right and authority to obtain funds from it. Each time you initiate or accept a payment using the WePay Service you also are providing your authorization for WePay to debit or credit the accounts involved to complete the payment, to correct any errors in the payment and to resubmit any payment that is rejected by the financial institution that holds the Payment Method.  You also authorize WePay to debit any of your WePay Accounts, your Prepaid Accounts, or your Payment Methods, if you received a payment from a User that did not have sufficient funds to support the payment.  All payments must comply with U.S. law. Your authorization will remain in full force and effect until you provide WePay notification of your termination of this authorization in such time as to afford WePay and the bank that holds your Payment Method a reasonable opportunity to act on it. You may provide such notification by contacting WePay at support@wepay.com.

Flow of Funds  

WePay captures payments from Users and credits those funds to the appropriate Prepaid Accounts promptly.

WePay will never use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy.  

You will not receive any interest on the funds in this account.  You hereby assign to WePay any interest or earnings that WePay receives from any third party, and you agree that WePay may keep for itself, and is not obligated to share or report to you any benefits provided by a financial institution that holds these funds.

Effect of Payments  

Once you make a payment, you may not change or cancel that payment. WEPAY IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND A ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE WEPAY IN SUCH DISPUTES.

Pending Balance and Pending Payments  

Payments made from a Bank Account or Credit or Debit Card may not be available immediately. These payments, along with affected balances, will appear as "Pending" until they are available.  

Similarly, due to the nature of the ACH network, it make take several business days before you receive the funds you withdraw to a Bank Account, though WePay instructs your bank to credit your account at the soonest possible time.

Negative Balances

You may not create a negative balance with WePay due to chargebacks or other causes. If any of your Accounts ever holds a negative balance, WePay may apply future payments to the negative balance, and you agree to pay WePay, on demand, an amount sufficient to cover the negative balance. Moreover, you hereby authorize WePay to obtain funds to correct a negative balance from any of your Payment Methods on file.  If you fail to pay such amount on demand and funds are not able to be obtained from a Payment Method linked to your Account, WePay may take action necessary to collect such amounts from you, including collection action or use of third-party collectors. You agree to reimburse WePay for its actual costs of collection, to the extent permitted by law.

Incentives or Bonuses

WePay may provide you with a bonus or incentive (including a referral bonus), subject to the terms and conditions of any bonus or incentive program in effect and made available to you at the time you register.  WePay reserves the right to terminate any incentive promotional program at any time without notice to you.

 

WePay Fees

It is free to register for WePay and to set up Accounts. WePay charges a small transaction fee for each payment received by any of your Accounts. For specific information on these fees, please see the Fees section of this website.

In addition, you may be subject to additional fees for your use of the WePay Services, including but not limited to fees associated with:

1. Ordering and use of a WePay Prepaid Visa® Card. See the Cardholder Agreement for further details.
2. Chargebacks and returns. See the Chargebacks section below for further details.
3. Sending Paper Checks from your Account. ‪You can send up to 5 (five) Paper Checks per Account per month. For each additional check sent during that month, WePay charges a flat $4 Printing and Shipping fee.

 

Non-WePay Fees

In addition to the fees that WePay charges, you may also be required to pay fees and charges to others in connection with your use of the WePay Services. For example, your mobile telephone company may impose charges for your use of your cell phone in connection with WePay. The financial institution that issues your credit card or debit card, or holds your bank account, or receives funds Withdrawn to a Bank Account by you, may charge you for payments between that Payment Method and WePay. If you use a credit card, you may be charged interest.

 

Refund and Chargeback Policy

Refunds

If a User requests a refund  (" Refund  Request") for a payment that they have made, WePay will place a temporary hold on those funds (if available), and contact the Administrator of the Account that has received the payment with information regarding that User’s request.

 

The Administrator will have three business days to agree to or dispute the Refund  Request, after which the request will be automatically honored.

 

If the Administrator disputes the request, WePay will require both the Requesting User and the Administrator to complete and return a WePay Dispute Resolution Survey within three business days of the start date of the Dispute. WePay will then honor or deny the Refund  Request at its sole discretion.  

 

WePay may require additional information from either the Requesting User or Administrator or both in the process of determining whether to honor the Refund  Request.

 

In the event WePay honors the Refund  Request and the funds are no longer available in the relevant Account, WePay reserves the right to reclaim those funds by debiting the Administrator's external bank account, charging the Administrator's credit card, or other such methods.  

 

Chargebacks

When a chargeback is received WePay will first attempt to contact the Payer to discuss the payment.  The recipient Account will be placed on hold.  If the charge is recognized or the issue is otherwise resolved, WePay will provide the Payer with a Chargeback Reversal Form from his/her issuing bank.  If the Chargeback Reversal Form is not received within 30 days of the filing of the chargeback, WePay will debit the money from the recipient Account.

 

If a chargeback is received and the issue is not resolved with the Payer, the recipient Account will be placed on hold.   If enough funds are available in the Account to cover the amount of the chargeback, that money will be removed from the account plus a $35 chargeback fee.  The Account Administrator will be notified of the chargeback and corresponding debit.

 

If funds are not available in the account, WePay will debit or charge a Payment Method of the Account or Account Administrator on file for the full amount plus a $35 fee.  The Administrator will be made aware of the chargeback and procedure before the money is charged or debited.

 

Any Account that receives a chargeback will undergo review by WePay.  WePay reserves the right to close or put a hold on any account that has generated a chargeback.

Extra Review Process

If WePay requires more information about you or your payment, the payment will enter an Extra Review Process.  

If your payment requires Extra Review, a WePay representative will contact you via email.  You will be asked to provide additional information, and you may be asked to complete a Transaction Review Form.

WePay will decide whether to allow the payment to go through within 24 hours of receipt of the requested information.  If you do not respond to WePay’s request for more information within 7 days, your purchase attempt will be cancelled.

 

Privacy and Information Sharing

Protecting your privacy is very important to WePay. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Privacy of Others: If you receive information about another WePay user through the WePay Service, you must keep the Information confidential and only use it in connection with the WePay Service. You may not disclose or distribute another User's information to a third party or use the information for marketing purposes unless you receive the User's express consent to do so.

 

User Content Submissions

Once you have registered with WePay, you may upload certain materials and information to the WePay Service (“User Content”). You must not upload User Content unless you own all necessary rights, or have permission from the rightful owner of the User Content, to grant WePay all of the license rights granted in this Agreement.

You must not submit any User Content that: (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; or (d) advertises products or services competitive with WePay's or its partners' products and services, as determined by WePay in its sole discretion.

For any User Content, you grant to WePay a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, translate, adapt, distribute, prepare derivative works of, transmit, display, publish, perform delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgment to you. You retain all rights in your User Content, subject to the rights granted to WePay in this Agreement.

Although WePay will not necessarily pre-screen or review User Content, WePay reserves the right to refuse, review, or delete any User Content in its sole discretion, for any reason or no reason. You remain solely responsible for: (i) any errors or omissions in your User Content; (ii) any liability arising out of your User Content or WePay's failure to display your User Content; and (iii) any liability arising out of your use of any content from the WePay Service. Under no circumstances will WePay or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the WePay Service.

Your Responsibilities

Content on the WePay Service, including User Content, has been licensed to WePay in accordance with various licensing agreements between WePay and the persons or entities who license the rights to such content ("Licensed Content"). You understand that Licensed Content is owned by WePay's licensors and is protected by intellectual property laws. WePay grants you a limited, non-exclusive, non-transferable, revocable right to access the Licensed Content solely for your own non-commercial use.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available on the Website are those of the respective authors or producers and not of WePay or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates.

WePay has not reviewed, and cannot review, all of the User Content posted by you or any third party to the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by accessing the Website, you may be exposed to content that is harmful, offensive, indecent, objectionable, or inaccurate. Under no circumstances will WePay or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Website, and to seek qualified professional assistance as applicable.

 

Ownership

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the WePay Services. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.

 

Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without WePay's prior written consent. WePay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Deleting your User

You may end your use of the WePay services by emailing WePay at support@wepay.com and requesting that your User be deleted. You cannot delete your User if you have any pending transactions, hold a balance with WePay in any of your Accounts, or have an active WePay Prepaid Visa® Card.

 

Unauthorized Transactions

If you believe your password has been lost or stolen, email WePay IMMEDIATELY at support@wepay.com.

If your password is lost or stolen, you could lose all the money in your WePay Accounts, as well as money in your linked bank account or amounts available through a linked debit card or credit card.

Also, if your Account history shows transactions that you did not authorize, email WePay immediately. If you do not tell WePay within 90 days after the Account history was made available to you, WePay will not be obligated to reverse any transactions.

 

Restricted Activities

The following uses are prohibited by the WePay Terms of Service. Any Account found to be created for the following uses will be closed.

1. Using the WePay service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
2. Using the WePay service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.
3. Using the WePay Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
4. Using the WePay service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent.
5. Using the WePay Platform if You are under the age of eighteen (18).
6. Using the WePay services to collect alimony payments, child support payments or any other payments relating to a court settlement.
7. Using the WePay service to collect legal fees.
8. Using the WePay services in order to act as a private banking institution.
9. Using the WePay Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the WePay Service in an automated manner.
10. Using WePay to intentionally interfere with User's or Registered Recipient's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
11. Using WePay that in any way assists you in violating any law, statute or ordinance.
12. Using WePay to send or receive what WePay reasonably believes to be potentially fraudulent funds.
13. Using Your Account or the WePay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to WePay, a User, a third party or you.
14. Using Your Account or the WePay Services in a manner that WePay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
15. Using WePay to provide yourself with a cash advance from Your credit card (or help others to do so).
16. Using WePay as a means of transfer between bank accounts held in the same name.
17. Using the WePay services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.
18. Using WePay to control an Account that is linked to another Account that has engaged in any of the foregoing activities. WePay may use evidence other than your Account information to determine whether you control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
19. Using WePay to collect payments that support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs.
20. Using WePay to sell:

1. items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
2. items that require a license, resellers permit or franchise agreement to sell;
3. items that may be counterfeit including but not limited to: designer handbags, clothing and accessories and consumer electronics;
4. items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
5. items that encourage, promote, facilitate or instruct others to engage in illegal activity;
6. items that promote, support or glorify acts of violence or harm towards self or others;
7. drugs, alcohol or drug paraphernalia;
8. items that are obscene or pornographic;
9. real estate or motor vehicles;
10. digital goods;

live animals.

You agree that WePay may seize or freeze funds that are reasonably deemed by WePay to have resulted from fraud or a prohibited behavior outlined in this section.

 

Account Passwords and Registration

You agree that the information you provide to WePay upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your email address, Password, or any credit, debit or charge card number, if applicable), then you agree to notify WePay immediately.

 

Third Party Sites, Products and Services; Links

The WePay Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). WePay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through WePay are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

 

Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. WePay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. You acknowledge that WePay will report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all the Accounts you own if you receive into these Accounts (i) more than $20,000 in payments for goods or services, and (ii) receive more than 200 payments for goods or services, in the same calendar year.

 

Termination; Agreement Violations

If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect WePay, a User, a third party, or you from Reversals, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

1. Close, suspend, or limit your access to your WePay Account or WePay Services
2. Contact your bank or warn other Users, law enforcement, or impacted third parties of your actions;
3. Update inaccurate Information you provided us;
4. Refuse to provide our Services to you in the future;
5. take legal action against you.

You agree that WePay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your User (or any part thereof) or your use of the WePay Services and remove and discard all or any part of your User at any time. WePay may also in its sole discretion and at any time discontinue providing access to the WePay Services, or any part thereof, with or without notice.

You agree that any termination of Your access to the WePay Services or any Account you may have or portion thereof may be effected without prior notice, and you agree that WePay will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies WePay may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the WePay Services.

If your User is dormant for over 1 year, WePay may close Your User and send any balance held in your Accounts to you by check to the address on record, less any applicable fees. WePay may also be required to escheat to the applicable state government balances on dormant accounts or unclaimed funds from time to time.

You may terminate this Agreement at any time by providing written notice to WePay, discontinuing use of any and all parts of the WePay Services, and returning to the issuing financial institution any WePay Prepaid Visa® Card that had been issued to you. You are responsible for use of your Account and Password after termination.

 

Indemnification

You agree to indemnify, defend, save, and hold WePay, its contractors, employees, agents and its third party suppliers (including without limitation The Bancorp Bank), licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the WePay Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. WePay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WePay, including rights to settle, and you agree to cooperate with WePay's defense and settlement of these claims. WePay will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

 

Liability of WePay

IN NO EVENT SHALL WEPAY, its EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS OTHERWISE REQUIRED BY LAW. WEPAY'S LIABILITY, AND THE LIABILITY OF WEPAY'S EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

If WePay does not complete a payment to or from you on time or in the correct amount according to this Agreement, WePay may be liable for your losses or damages to the extent required by law. However, there are some circumstances where WePay is not liable. WePay will not be liable, for instance:

1. If, through no fault of WePay's, you do not have access to enough money via your WePay balance or Payment Source to make the payment.
2. If the funds in your WePay balance are subject to legal process or other encumbrance restricting their use.
3. If the WePay website or system was not working properly and you knew about the breakdown when you initiated the payment.
4. If circumstances beyond WePay's control (such as fire or flood, or actions of a third party) prevent the transfer, despite reasonable precautions that WePay has taken.
5. If the failure results from a communications failure, such as the failure to complete a data transmission accurately.
6. If the failure results from a failure of a financial institution that holds the Bank Account or issues the credit card or debit card linked to your Account, or WePay is unable to access any Payment Source for any reason other than due to WePay's fault.
7. If You provided inaccurate or incomplete information regarding the payment.
8. If the payment appears suspicious, fraudulent or unauthorized, and WePay cannot confirm that it is a legitimate transfer, or if the transfer is (or appears to be) prohibited by law or rules.
9. There may be other exceptions stated in this Agreement.

WePay is not responsible for the actions of the persons to whom you send a payment, or from whom you receive a payment.

 

No Warranties

WEPAY, ITS EMPLOYEES AND SUPPLIERS PROVIDE THE WEPAY SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WEPAY, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WePay does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. WePay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner but WePay makes no representations or warranties regarding the amount of time needed to complete processing because the WePay Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

Feedback

If you provide feedback to us regarding the WePay Service (“ Feedback ”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

 

Modification of this Agreement

WePay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the WePay website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the WePay Services. For certain changes, WePay may be required to give you advance notice, and WePay will comply with such requirements.

Notice

WePay may provide you with notices and communications by email, regular mail or postings on the WePay website or by any other reasonable means.

Waiver

The failure of WePay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WePay.

Governing Law

This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Disputes with WePay

If a dispute arises between you and WePay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.

Arbitration

Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org , or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com .

If you file a Claim, you can chose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. ' 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have not power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.

If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, 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 AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).

You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not effect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 30 days after the date that you first became a WePay User. You must include your name, address, and email address.

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. This Arbitration section shall survive the termination of this Agreement.

Release of WePay

If you have a dispute with one or more Users, you release WePay, its officers, directors, agents, joint ventures and employees, and The Bancorp Bank 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.

Severability  

If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.  

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement sets forth the entire understanding between you and WePay with respect to the WePay Services.

 

Contacting WePay

If you have any questions or concerns about this Agreement, the WePay website, or any Service, please send us a thorough description by email to support@wepay.com.