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.
This is an important document which you must consider carefully when choosing whether to use the services offered by Smart Family Tech, Inc.
Please note the following risks of using Smart Family Tech, Inc. Services:
Smart Family Tech, Inc. does not collect, hold or keep any money that is directly transferred between parents, payees, payers, merchants or recipients. Fund transfers occurring between parties are handled by third-party payment gateway providers including, but may not be limited to, PayPal, Checkbook.io, Braintree, Recurly and other 3rd party payment processing providers. Smart Family Tech, Inc. connects with these services to receive updates and API status messages. These status messages are stored by Smart Family Tech, Inc to provide and store a record and history of the transactions that may occur between parents, payees, payers, merchants or recipients.
Smart Family Tech, Inc. may collect a fee for using their service(s). This fee is collected, stored and processed completely separate from the money or funds that are transacted between parents, payees, payers, merchants or recipients. The fee is collected as a method to provide specific services and features to customers. We may close, suspend, or limit your access to your account or Smart Family Tech, Inc. Services if you violate this agreement or any other agreement you enter into with Smart Family Tech, Inc. or Smart Family Tech, Inc. partners used to offer the Smart Family Tech, Inc. Service. If you wish to open a dispute send an email to [email protected] within 30 Days of making your payment.
· Instant Transfer from your bank account
· Debit card and/or Smart Family Tech, Inc. Debit Card
· Credit card
Notice for certain preapproved payments. If a preapproved payment will vary in amount and is made using an instant transfer, eCheck, debit card payment method, or your Balance, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 Days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your preapproved payment will fall outside a range established between you and the merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the preapproved payment.
Stopping a preapproved payment. You may stop a preapproved payment at any time up to 3 business days before the date of the next scheduled payment by notifying Smart Family Tech, Inc. To stop a preapproved payment by notifying Smart Family Tech, Inc., you must access the subscriptions section of your account profile and follow the links to stop the payment. If you stop a preapproved payment you may still be liable to the merchant for the payment or other penalties under the terms of your agreement with the payee and you may be required to pay the payee through alternative means. We will only be liable for your losses or damages directly caused by our failure to stop any preapproved payment if you have followed the instructions in this section to notify us.
How to Withdraw Money – Since Smart Family Tech, Inc. does not hold or store any of your funds directly so there is no method to withdraw funds from Smart Family Tech, Inc. If you would like to withdraw funds please contact the Smart Family Tech, Inc. payment gateway partner directly to manage your funds, withdraw funds or add funds to your account.
Fees are based on a subscription service that provides additional functionality and features beyond the free version. In addition, there may be fees associated with the method you are sending or receiving funds. Fees may also be imposed based on a percentage of the payment amount. All fees will be described in detail on either your subscription invoice or during the processing of a payment. Once this payment has been made Smart Family Tech, Inc. reserves the right to not offer a refund or chargeback for these services. The services are considered rendered at that point that payment has been received for the services rendered. All Fees are in U.S. Dollars unless otherwise stated.
You will be charged a subscription fee based on the subscription option that you choose. The subscription fee will be stated clearly on your invoice, can be found in your “Subscription” section when you log into your account and will be sent to you, via the email provided in your “User Management” section. This invoice will be sent based on the frequency of the subscription you choose. For example, if you choose a yearly subscription, you will receive an invoice for the subscription fee every year. If additional fees are charged, beyond the subscription fee, you will receive an invoice for these items in the month that they occur.
All subscriptions will automatically renew unless you choose to cancel your account. To cancel your subscription please see the section under “Closing Your Account” or contact [email protected]
The recurring fee depends on the Subscription level you choose and/or the payment method you use.
Each person with an account is charged as an individual. Each individual has the choice of the features they would like to use and the payment methods they will leverage. The fee is paid by the individual and is not based on family accounts.
Smart Family Tech, Inc. only charges a fee to use the Smart Family Tech, Inc. services and features as defined on the pricing page. Smart Family Tech, Inc. may also charge additional fees for sending or receiving money depending on the method the money is transferred. In addition, Smart Family Tech, Inc.’s payment gateway partners may charge additional fees for sending or receiving payments. It is the responsibility of the user to understand and accept the fees that may be charged by these Payment Gateway Partners. The user does not hold Smart Family Tech, Inc. responsible for any fees associated with sending or receiving payments directly to another parent, payee, payer, merchant or recipient. Each payment method may assess different fees.
If you use your credit card as the payment method for a payment, you may be charged a cash-advance fee by your credit card company or the Payment Gateway Partner. You acknowledge these additional fees may be added and you do not hold Smart Family Tech, Inc., officers, directors, employees, and contractors responsible for any of these fees.
Payments may not be sent to recipients in certain countries.
Restricted Activities – In connection with your use of our website, product, services, or in the course of your interactions with Smart Family Tech, Inc., officers, directors, advisors, employees, contractors, partners, affiliates or other users you agree to the following:
You will not:
· Breach this Agreement or any other agreement or policy that you have agreed to with Smart Family Tech, Inc.;
· Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising);
· Infringe Smart Family Tech, Inc.’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
· Act in a manner that is defamatory, trade libelous, threatening or harassing;
· Provide false, inaccurate or misleading information;
· Send or receive what we reasonably believe to be potentially fraudulent funds;
· Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
· Attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from multiple parties for the same transaction;
· Control an account that is linked to another account that has engaged in any of these restricted activities;
· Use your Account or Smart Family Tech, Inc. Services in a manner that Smart Family Tech, Inc., other 3rd Party Gateway partners, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
· Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our websites or Smart Family Tech, Inc. Services;
· Take any action that may cause Smart Family Tech, Inc. to lose any of the services from our Internet service providers, payment processors, or other suppliers;
· Use Smart Family Tech, Inc. Services to test credit card behaviors.
· Perform any action that may be deemed detrimental to the operation of Smert Family Tech, Inc product and services
General. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Smart Family Tech, Inc., officers, directors, employees, contractors, a user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Smart Family Tech, Inc. Services. You agree to reimburse Smart Family Tech, Inc., officers, directors, employees, contractors, a user, or a third party for any and all such liability.
· We may close, suspend, or limit your access to your account or Smart Family Tech, Inc. Services (such as limiting access to any of your payment methods, and/or your ability to send money, make withdrawals, or remove financial Information).
· We may update inaccurate Information you provided us;
· We may refuse to provide Smart Family Tech, Inc. services to you in the future;
· We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
· We may take legal action against you; and
· If you violate the Smart Family Tech, Inc. acceptable use policy, then in addition to the above actions you will be liable to Smart Family Tech, Inc. for the amount of Smart Family Tech, Inc.’s damages caused by your violation of the acceptable use policy. You acknowledge and agree that $2,500.00 USD per violation of the acceptable use policy is presently a reasonable minimum estimate of Smart Family Tech, Inc.’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Smart Family Tech, Inc. that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Smart Family Tech, Inc. may deduct such damages directly from any existing balance in the offending account, or any other account you control.
Smart Family Tech, Inc., in its sole discretion, reserves the right to terminate this agreement, access to its website, or access to Smart Family Tech, Inc. Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
Disputed Transaction Holds. If a user files a dispute, claim, chargeback or reversal on a payment you received, Smart Family Tech, Inc. may place a temporary hold on the funds in your account to cover the amount of the liability.
“Us,” “us,” “we” or “our” refers to SupportPay and any of its parent, subsidiaries, partners or agents. “You,” “you,” or “your” means any person or business entity using eCheck. “Linked Account” means any account owned by you at any U.S depository financial institution. “Hold Period” is a two business day period of time that SupportPay reserves before making funds available to the Connected Party or Merchant.
“Parents” are registered users of the SupportPay product. “Connected Party” are Parents and/or other persons that are registered and associated with the same SupportPay account such as grandparent, aunts, uncles, etc. “Merchants” are legal businesses with appropriate operating licenses, and operated by natural persons that use eCheck to accept payments for goods or services from registered Parents.
GENERAL DESCRIPTION OF THE SERVICE.
ECheck facilitates Parent to Parent or Parent to Merchant payment transactions for the purpose of expense reimbursement or purchase of approved goods and services. Merchants and Parents must register to use eCheck. You may only use it with other registered users.
ECheck is offered only to individuals or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, eCheck is not offered to minors. By using eCheck, you represent that you meet these requirements and that you agree to be bound by this Agreement.
When you use eCheck you instruct us to execute certain payment instructions on your behalf
(Transfers). The payment instructions will cause SupportPay to:
- Create Fully Electronic Checks (“FEC”) to debit your Linked Account; and/or
- Create Automated Clearing House (“ACH”) credits to send money to your Linked Account.
These FEC and ACH transactions (“Entries” or “Entry”) are processed pursuant to the terms of this Agreement, the National Automated Clearing House Association (“NACHA”) Operating Rules, the applicable Uniform Commercial Code (“UCC”), federal and state laws and regulations pertaining to Check21 and Fully Electronic Checks (also referred to as Remotely Created Checks, or “RCC”) and the applicable State and Federal laws and regulations (“Regulations”) governing such transactions (“Service”), collectively referred to herein as the “Rules.” Terms not otherwise defined in this Agreement shall have the meaning ascribed to those terms in the Rules.
USING THE APPLICATION.
You must register your account before using eCheck. We’ll use the information you provide to verify and authenticate your identity and, if you are a Merchant, that your business is viable and in good standing.
You must provide a Linked Account when registering. We will validate that account using various means including, but not limited to, Instant Account Verification (IAV) or making a small deposit to it.
Paying another Parent, Connected Party or Merchant:
You may use eCheck to pay a Connected Party or Merchant.
When you instruct us to make a payment you are acting as the Payor and the Connected Party or Merchant is the Payee.
When you instruct us to make a payment we will debit your Linked Account for the amount you tell us (subject to amount limit policies) and credit the Connected Party or Merchant.
When we debit your Linked Account we will hold the funds for the Hold Period before making them available to the Payee.
If your Linked Account does not have sufficient funds to cover the amount you instructed us to pay then we may charge you a Not Sufficient Funds (“NSF”) fee. This NSF fee is in addition to any charges your bank may levy upon your Linked Account per your agreement with them.
SupportPay will not be involved in, arbitrate or settle, in any manner, any disagreements or disputes between Parents, Connected Parties or Merchants.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS.
If we do not complete a Transfer to or from your account, or using your saved User Information or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. We will not be liable:
If, through no fault of ours, you do not have enough money in your Linked Account;
If the funds in your Linked Account are subject to legal process or other encumbrance restricting their use;
If eCheck was experiencing technical difficulties and you nevertheless proceeded to attempt a transfer ;
If the failure results from a failure of a financial institution that holds your Linked Account or is involved in any way in processing your Transfer;
If you provided inaccurate or incomplete information regarding the Transfer;
If the Transfer appears suspicious, fraudulent, or unauthorized, and we cannot confirm that it is a legitimate Transfer, or if the account of either user involved in the Transfer is under investigation by us or if the Transfer is or appears to be prohibited by any applicable law or rules
FEES AND BILLING
You may be charged a fee for using eCheck. Premium users get a certain number of transactions free with their monthly subscription. If you exceed your free transaction limit, then we will charge you an additional fee for each payment above the limit. Such fees are described on
<a href=”https://supportpay.com/pricing” target=”_blank”> supportpay.com/pricing </a> or <a href=”https://my.supportpay.com/Subscription” target=”_blank”> my.supportpay.com/Subscription </a>
We reserve the right to change the fees at our discretion upon thirty (30) day prior notice to you. You will be billed in arrears for any additional fees incurred during the month. If you are on an annual subscription plan you will be charged in arrears each month for any additional transaction fees.
FAILED PAYMENT ENTRIES.
In using eCheck to pay a Connected Party, you are requesting us to collect money from your Linked Account. If we give you credit for a payment Entry and it is subsequently returned to us for any reason (for example, there are insufficient funds in your Linked Account, or the Entry would exceed the credit or overdraft protection limit of your Linked Account) then we will take the following actions:
If the return is timely (within the Hold Period) then we will not disburse the payment amount to the Payee;
If we have already disbursed the payment amount to the Payee then we may reprocess the returned item or we may debit the Payee’s Linked Account to retrieve the amount owed to us.
Furthermore you agree:
We or our partners or agents may debit your Linked Account for the Entry amount or use any other commercial means to collect the amounts due to us;
That we or our partners or agents may debit your Linked Account separately for any and all costs we incur trying to collect the returned Entry amount including our own NSF Fee;
We are authorized, at our discretion, to report the facts concerning the return to any credit reporting agency.
LIMITS AND RESTRICTIONS.
Your SupportPay account has amount limits and certain other restrictions placed to prevent and control fraud. We may update the limits and restrictions with or without notice to you and with or without updating the current limits below:
- Daily transaction limit – $400;
- Monthly Aggregate limit – $1,000.
If you need a higher limit, please contact customer service at SupportPay to request it. We may ask you additional questions or require additional personal financial information in order to approve your request, such approval to be issued at our sole discretion.
COMMUNICATIONS AND NOTIFICATIONS.
We use various methods, including but not limited to, email and SMS (“Communications”), to notify you of actions taken on your account. When you register for eCheck, you agree to receive Communications from us. It is up to you to keep your contact email address and phone number current. In addition, we may provide notice to you by posting it on our web site and/or sending you an in-product message within eCheck.
COMPLIANCE WITH RULES AND LAWS.
You agree to comply with and be subject to the Rules in existence as of the date of this Agreement, and any amendments to these Rules made from time to time whether by us or governing bodies. Your duties set forth in the following paragraphs of this Agreement in no way limit the requirement of complying with the Rules.
You hereby grant us authorization to debit and credit your Linked Account electronically per the terms and conditions herein. You acknowledge that the origination of electronic debits to your Linked Account must comply with the provisions of U.S. law.
We shall maintain records of the authorization for two (2) years after the settlement date.
You hereby authorize us and/or our agent to electronically debit your Linked Account for dishonored Entries returned to us by the paying financial institution.
You hereby authorize SupportPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your Linked Account or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources including but not limited to credit bureaus and reporting agencies. This process is for internal verification purposes.
Originator. You hereby agree that when you pay another Parent, Connected Party or Merchant that you are the Originator, as that term is defined in the Rules and hereby assume all of the obligations and responsibilities of an Originator. Receiver. You may also be the Receiver in certain conditions as that term is defined in the Rules.
You agree not to use or attempt to use eCheck:
To engage in any illegal purpose or activity or to violate any applicable Regulation or Rule;
To engage in any activity or business that would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations; or
To engage in any transaction or activity that is not specifically authorized and permitted by this Agreement and/or the Rules. SupportPay has the right to decline to execute any transaction or activity that we believe violates the terms of this Agreement.
You may use eCheck for its purposed functionality, to affect electronic payments associated with commerce or to reimburse Parents or Connected Party’s. You may not use the Feature to or for:
Businesses relating to alcohol sales, illicit and illegal drugs, pornographic materials, gambling, ponzi schemes, pyramid schemes, multi-level marketing, payday lending;
Harass, abuse, threaten, embarrass, or demean other users or persons or violate their rights in any manner; Transmit logos that are pornographic or suggestive in any way;
Fraudulent or deceptive purposes;
Access content not intended for you or confidential to SupportPay;
Gain unauthorized access to SupportPay systems, servers or networks;
Damage, overburden or disable SupportPay systems, sites or networks; nor
Disassemble, decode or hack the code base in any way.