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AUTHORIZATION AGREEMENT FOR AUTOMATED CLEARING HOUSE TRANSACTIONS (ACH DEBITS)

I (hereinafter referred to as “Client”) hereby authorize Phoenix Business Solutions, LLC (hereinafter referred to as “PBS”) to initiate entries to Client’s checking/savings accounts at the financial institution listed below (“THE FINANCIAL INSTITUTION”), and, if necessary, initiate adjustments for any transactions credited/debited in error. This authority will remain in effect until PBS is notified by Client in writing to cancel it in such time as to afford PBS and THE FINANCIAL INSTITUTION a reasonable opportunity to act on it.

Client acknowledges that a minimum Non‐Sufficient Funds (NSF) fee of $25 may be charged by PBS to Client in the event there are insufficient funds available at the time the ACH payment is submitted.

ACH AGREEMENT TERMS AND CONDITIONS

 

Welcome to the terms and conditions (the “Terms and Conditions”) for use of a bank account registered with Phoenix Business Solutions, LLC (“PBS”) as a payment method on the PBS website. Please note that Client’s use of the PBS website is also governed by our Terms of Service, Privacy Policy and Acceptable Use Policy, which may be amended from time to time and are incorporated into these Terms and Conditions. If Client chooses to use a bank account as their payment method, Client accepts and agrees to these Terms and Conditions.

SECTION 1 BANK ACCOUNT PAYMENTS

By choosing to use a bank account as your payment method, Client will be able to pay the fees due for Client’s use of PBS Services by using any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. Whenever Client chooses to pay by ACH, Client is authorizing PBS (or its agent) to debit Client’s bank account for the total amount of the fees due. Client’s transaction must be payable in U.S. dollars. PBS, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. Transactions that PBS processes using Client’s bank account will be identified as “Phoenix Business Solutions” (or similar identifier) on the statement issued by Client’s bank or other financial institution holding the account. All questions relating to any transactions made using Client’s bank account by PBS should be initially directed to PBS, but may also require involvement of Client’s bank.

SECTION 2 ACH AUTHORIZATION

By choosing to use a bank account as payment method, Client agrees that: (a) Client has read, understands and agrees to these Terms and Conditions, and that this agreement constitutes a “writing signed by you” under any applicable law or regulation, (b) Client consents to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) Client authorizes PBS (or its agent) to make any inquiries PBS considers necessary to validate any dispute involving Client payment, which may include ordering a credit report and performing other credit checks or verifying the information Client provides against third party databases, and (d) Client authorizes PBS (or its agent) to initiate one or more ACH debit entries (withdrawals), and Client authorizes the financial institution that holds its bank account to deduct such payments, in the amounts and frequency designated in Client’s then-current payment plan.

SECTION 3 TRANSACTION ERRORS

If Client believes that any payment transaction initiated by PBS (or its agent) with respect to Client’s bank account is erroneous, or if Client needs more information about any such transaction, Client should contact PBS as soon as possible at [email protected]. Notify us at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We reserve the right to cancel the ability to pay by bank account for any reason at any time.

SECTION 4 CLIENT LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Federal law limits Client’s liability for any fraudulent, erroneous unauthorized transaction from Client’s bank account based on how quickly they report it to their financial institution. As general rule, Client should report any fraudulent, erroneous or unauthorized transactions to its bank within 30 days after the questionable transaction FIRST appeared on the bank account statement. Client should contact their bank for more information about the policies and procedures that apply to their account and any unauthorized transactions, including any limits on their liability.

SECTION 5 FEES

This authorization to initiate ACH debit transactions will remain in full force and effect until PBS has received written notice from Client at least thirty days (30) in advance of the date the applicable charges for the paid product becomes due. Because these are electronic transactions, these funds may be withdrawn from Client’s designated bank account immediately. In the case of an ACH debit transaction that is rejected for insufficient funds, Client understands that PBS may at its discretion attempt to process the debit in the amount of the applicable paid product again within thirty (30) days and PBS may separately impose a fee of $25 for each transaction returned for insufficient funds, as permitted by applicable law. Client certifies that they are an authorized user of Client’s bank account and Client will not dispute these scheduled transactions with such bank so long as the transactions correspond to this Agreement, the Individual Services Agreement and any other applicable agreement for such paid product.

Client must notify PBS in writing if Client disputes any portion of any fees paid or payable by Client under this Agreement or any Lease Agreement or Individual Service Agreement. Client must provide that written notice to PBS within sixty (60) days of the applicable charge and PBS will work together with Client to resolve the applicable dispute promptly. If Client does not provide PBS with this written notice of Client’s fee dispute within this 60 day period, Client will not be entitled to dispute any fees paid or payable by Client.

If Client fails to pay any amounts due by Client, PBS may suspend Client’s and its Users accounts and access to any leased equipment without prior notice. PBS will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Client or any User may incur with connection to any suspension of accounts pursuant to this section.

SECTION 6 AGREEMENT CHANGES

PBS may in our discretion change these Terms and Conditions at any time without notice to Client. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. PBS reserves the right to subcontract any of our rights or obligations under these Terms and Conditions.

CLIENT’S CONTINUED USE OF THEIR BANK ACCOUNT AS A PAYMENT METHOD WITH PBS AFTER A CHANGE IN THESE TERMS AND CONDITIONS CONSTITUTES CLIENT’S ACCEPTANCE OF THESE CHANGES.

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