Money Transfer Services Terms
- Viewpost Systems, LLC (“Viewpost”) makes available a money transfer service (“MT Service”) provided by Western Union Business Solutions (USA), LLC (“WU”). The MT Service allows the electronic funds transfer via ACH (EFT) of a Payment to the payee you designate (“Payee”). If you elect to use the MT Service, then you agree that you will be subject to the provisions in these Money Transfer Services Terms as well as the Viewpost Payment Terms.
- You authorize (a) Viewpost to receive instructions for an EFT payment (“Instructions”) from you and to transmit such Instructions to WU for the processing of EFTs, and (b) WU to receive such Instructions and process the EFT in accordance with the Instruction and these Money Transfer Services Terms. You are responsible for assuring that each Instruction contains accurate Payee information. If the Instruction contains any errors, then WU shall have no liability to you for transmitting an EFT in accordance with the Instruction.
- In order to use the MT Service, you must (a) submit an Instruction through the Viewpost Website, providing Payee details in the Instruction and (b) make payment to WU for the Transactions set forth in the Instruction (“Settlement”). Except as provided in Section 4, below, in order to effect Settlement to WU you authorize WU to debit your Designated Account through the Automated Clearing House network (“ACH”) to fund the EFT.
- You may also utilize the MT Service to process a Payment via EFT to a Payee under certain circumstances when you’ve requested that the Payment be made via a check created on your behalf by Viewpost and processed through the Payee’s bank account. You agree that whenever the Payee bank is not a bank to which Viewpost is able to electronically submit the check for deposit, you shall be deemed to have instructed Viewpost and WU to process such Payment via the MT Service and transmit the payment via EFT to the Payee. You acknowledge and agree that, under such circumstances, Viewpost may endorse the check on behalf of the payee in order to effect Settlement to WU for the Transaction.
- You must submit Instructions using the user name and password (“User Credentials”) applicable to one of the users associated with your Viewpost account (“Authorized User”). Viewpost and WU may accept any Instruction transmitted using your User Credentials and you are liable for all EFTs authorized via your User Credentials, regardless of whether the Instruction is actually submitted by an Authorized User. You should notify your Bank and/or Viewpost immediately if you believe an unauthorized person may have access to your User Credentials.
- An Instruction is binding on you once the Instruction has been submitted using your User Credentials, via the Viewpost Website. Immediately after an Instruction is submitted, WU will make a receipt (“Receipt”) available on the Viewpost Website which you agree to review for accuracy. You must notify Viewpost immediately of any error or omission in the Receipt.
- Except as provided in Section 4, above, you agree that submitting an Instruction to WU shall constitute your authorization to WU’s processing bank (“ODFI”) to originate an ACH debit entry on your behalf to debit your Designated Account for the amount of the Payment you have authorized, and you agree to assume all obligations of an “originator” under the NACHA Operating Rules & Guidelines (“NACHA Rules”). In no event shall you authorize a Transaction in violation of the laws of the United States. WU’s ODFI may suspend or terminate your right to submit ACH entries for breach of the NACHA Rules so as to permit the bank to comply with the NACHA Rules. Except as provided in Section 9 below, WU shall process the EFT after receipt of Settlement into its bank account. Except as provided in Section 9, below, if for any reason WU does not receive Settlement from you for the EFT, it shall have no obligation to complete the EFT and transmit funds to the Payee.
- You agree that WU is authorized to credit your Designated Account from time to time if credit adjustments become necessary. You authorize WU to communicate with your Designated Bank as necessary to effectuate the MT Service. If due to an error or omission caused by WU, WU incorrectly debits your Designated Bank Account in an amount that is less than the amount you instructed (including any fees owed to WU), WU is authorized to initiate one or more additional debits from your designated Bank Account for the additional funds owed by you to WU. If WU incorrectly debits your Designated Bank Account in an amount that exceeds the amount owed to fund an EFT, WU shall return to you the excess debit amount (i.e. the difference between the amount debited and the amount due) within five (5) business days of WU receiving written notice or otherwise becoming aware of the incorrect debit. The return of any excess debit funds shall be your sole and exclusive remedy for any such error or omission.
- At your request (whether conveyed directly or through Viewpost), WU may agree to process your Transactions prior to receipt of Settlement from you to expedite the transmission of EFTs to Payees (“Expedited Processing”). In order to consider you for Expedited Processing, you may be requested to provide certain information to WU, including financial statements or other information relating to your ability to pay for Transactions. To the extent that you provide such information to Viewpost and wish to request that WU approve you for Expedited Processing, you authorize Viewpost to provide any necessary documents or related information to WU. In addition, you agree that WU may utilize third-party providers such as credit reporting agencies or other providers of financial information to obtain information about you to determine whether to approve you for Expedited Processing. If WU approves you for Expedited Processing, you will be required to effect Settlement to WU for Transactions as set forth in Section 4 and Section 7 (as applicable), and agree that you are liable to WU for payment for all Transactions processed by WU. WU may, in its sole discretion, set a limit on the maximum and/or aggregate Transaction value for which it will provide you with Expedited Processing.
- If WU processes an EFT for you for which WU does not receive payment from you (whether via ACH debit, as described in Section 7, or via check as described in Section 4), you agree that you shall be liable to WU for the amount of the EFT sent by WU pursuant to your Instruction. In the event WU fails to receive Settlement from you as described in Section 4 and Section 7, upon WU’s request, you shall make immediate arrangements for Settlement to WU’s designated bank account.
- NO WARRANTIES; INFORMATION WARRANTY EXCLUSION. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WU EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS, OMISSIONS OR INTERRUPTIONS TO THE MT SERVICE AND ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND PERFORMANCE. YOU AGREE THAT WU SHALL NOT BE LIABLE FOR ANY ERRORS OR LOSSES CAUSED BY OR ATTRIBUTABLE TO THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY BANKING INSTITUTION. YOU FURTHER AGREE THAT WU SHALL NOT BE LIABLE FOR ANY ERRORS OR LOSSES CAUSED BY OR ATTRIBUTABLE TO ANY NON-WU SYSTEM.
- LIMITATION ON LIABILITY. YOU AGREE THAT WU SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM OR IN CONNECTION WITH THE MT SERVICE (INCLUDING ANY WU SYSTEM) AND/OR THIS AGREEMENT (HOWEVER ARISING, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF CAUSE OF ACTION), INCLUDING NEGLIGENCE AND REGARDLESS OF WHETHER WU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WU’S MAXIUM LIAIBLITY TO YOU WILL IN NO EVENT EXCEED THE AMOUNT RECEIVED BY WU FROM YOU IN CONNECTION WITH THE INSTRUCTION TO WHICH A CLAIM RELATES UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW.
- You understand that WU takes appropriate measures to ensure that it is not participating or assisting in money laundering or terrorist financing. You agree that WU, at its sole discretion, may disclose any transaction-related information in order to satisfy WU’s legal obligations under applicable law, including, but not limited to, anti-money laundering, trade and economic sanctions laws and/or regulations, or as may otherwise be required by law or court order. Furthermore, such disclosure may be made to any governmental agency, body or department that exercises regulatory or supervisory authority with respect to WU’s operations, where such disclosure is made to satisfy routine governmental audit or examination requirements or as part of informational submissions required to be made to such governmental entities in the ordinary course of business. Upon request, you agree to provide any additional information that WU may need to satisfy its obligations under this Section 13.
- WU may cancel or reject any Instruction at any time, with or without notice, in the event of any regulatory non-compliance by you or if otherwise required to comply with applicable laws or regulations. WU may suspend or terminate the MT Service upon notice to you for any reason.
- WU reserves the right, in its sole discretion, to change, amend or otherwise modify this Agreement by providing written notice to you thereof. Notice may be provided to you by posting the revised Agreement on the Viewpost Website. Any change, amendment, or modification so conveyed to you shall be effective as of the date of notice. If you reject such change, amendment or modification, your sole remedy shall be to cease using the MT Service. By continuing to use the MT Service following receipt of notice or posting of a change, amendment or modification on the Viewpost Website, you hereby consent to such change, amendment or modification.
- You may not transfer or assign your rights or obligations under this Agreement without WU’s prior written consent. WU may transfer or assign its rights and obligations under this Agreement to any legal successor or affiliate thereof. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
- This Agreement shall be governed by the laws of the State of Florida, without reference to the choice of law principles that would require the application of different law. The Parties agree to be subject to the jurisdiction and venue of the state and federal courts of Orange County, Florida with respect to any disputes arising out of this Agreement.
Last Updated: March 8, 2018