Thank you for choosing to make a payment with ChargeSmart™. Please read these terms and conditions carefully. They are an agreement between you and ChargeSmart™, Inc.
By using this web site, you agree to these Terms and Conditions and authorize ChargeSmart™ to (a) initiate an automated clearing house (ACH) debit entry or a debit card payment from the checking or savings account you specify, or (b) charge your specified debit or credit card. The amount of any such payment will be the amount specified in the payment screen shown during the one-time payment process.
You also authorize ChargeSmart™ to credit your specified bank account or credit card in the appropriate amount for any refunds or other billing adjustments.
If you select a debit card as your payment source, ChargeSmart™ may process your payment over the STAR, Pulse, NYCE, ACCEL or other debit card network at its discretion.
You agree to be bound by any rules your financial institution requires for ACH debit transactions or that your debit card or credit card issuer requires for debit card or credit card transactions.
By registering for the Service, you appoint ChargeSmart™ as your agent to process payments on your behalf in accordance with your instructions, subject to these terms and conditions. ChargeSmart™ will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) ChargeSmart™ is not a bank and the Service is a payment processing service rather than a banking service, savings association, or any other type of depositary institution and (ii) ChargeSmart™ is not acting as a trustee, fiduciary, or escrow with respect to your funds and (iii) your ChargeSmart™ balance is not a financial asset and (iv) your ChargeSmart™ account is not a bank account or other type of deposit account. ChargeSmart™ does not accept funds from you for purposes of transfer or for deposit.
Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe ChargeSmart™. When you make a payment through the Service, you are not protected against a subsequent reversal of the transaction. In the event that your transaction is reversed for any reason, you will owe ChargeSmart™ for the amount of the reversed transaction plus any fees imposed on ChargeSmart™ as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account. ChargeSmart™ will seek to recover the funds from you by debiting your funding source. ChargeSmart™ reserves the right to collect your debt to ChargeSmart™ by any other legal means.
ChargeSmart™ SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT, ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED, OR YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.
ChargeSmart™ reserves the right to change these terms and conditions at any time. Notice of any such change may be given on or with your bill or by other methods.
Fees Overview: Fees are based on each specific entity you are paying and are applicable to every payment you make using the service. Some payments may be subject to multiple or additional fees, which will be disclosed before you submit your payment instruction. If you maintain a non-zero balance with ChargeSmart™ for more than six calendar months, you will be subject to a 3.5% monthly account maintenance fee (based on original balance at month six). Early termination of a promotional automatic payment agreement will result in a $20 fee. All fees are in U.S. Dollars unless otherwise stated.
Refund Policy: Completion of a payment transaction is contingent upon both the authorization of payment by the applicable credit card company and acceptance of the payment by the relevant mortgage, auto, education lender or utility company. In the event that the payment is unable to be processed, ChargeSmart™ will attempt to notify the consumer at least once using the contact information they have provided. In the event the applicable entity they are seeking to pay fails to accept payment, the consumers payment liability shall remain outstanding and unpaid and they will be subject to penalties, late fees and interest charges assessed by the relevant entity thereon, all of which obligations remain the consumer's responsibility. In this instance, the credit card payment will be refunded. For all other cases, where the credit card was accepted and the mortgage, auto, education lender or utility company accepted payment, there are no refunds.
Disclosure of Information to Third Parties: Except as described in the next two sentences, ChargeSmart™ will not willfully sell or disclose your customer identifiable information to third parties (without your consent), except as required by law or to respond to a subpoena or other valid governmental order. However, by the very nature of our service, we share selected information about you with the entities whose obligations you are using our service to pay and with the relevant card companies for payment authorization and processing purposes. We may also share information with our clients and others for marketing purposes, to tailor our content and help our advertisers and third party marketers better understand the demographic profile of our Site's users. This is essential to keep the costs of our products and/or services reasonable.
In addition, ChargeSmart™ may use customer identifiable information to investigate and help prevent and prosecute unlawful activity or activity which threatens the Web site or our users. privacy or otherwise violates the terms and conditions for this Web site.
Security: ChargeSmart™ is committed to ensuring the security of your personally identifiable information. We will take reasonable precautions to protect this information from loss, misuse, unauthorized disclosure or alteration, including, putting in place appropriate physical, electronic and administrative procedures to safeguard and secure such information. We use encryption when collecting or transferring sensitive data (e.g., card information) (For further information, refer to our Security page).
Log Files: Like many Web sites, we may automatically gather - or engage a third party to gather - certain information about our Site traffic and store it in log files. For this purpose, we use Internet Protocol (IP) addresses to analyze trends, administer the Web site, track our users' movements and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Links to Other Web Sites: Our Web site contains links to other Web sites operated by our clients and business partners. Please be aware that ChargeSmart™ is not responsible for the privacy practices of these other sites. We encourage you to be aware as to when you leave our Web site and to read the privacy policy of each and every Web site that collects personally identifiable information. In addition, the entities operating these third-party sites may use cookies. However, we have no access to or control over these cookies.
Correcting Personally Identifiable Information: If you have submitted incorrect personally identifiable information through this Web site and would like to revise this information, you may make appropriate revisions within the Account section of the site (if you have previously registered on the site) or may contact our customer service department via e-mail at
.
User Acceptance of Terms and Conditions and Changes to Terms and Conditions: By using this site, you signify your assent to these terms and conditions. If you do not agree to these, please do not use our site. If we make any substantial changes in this privacy policy (including with respect to how we use customer identifiable information) we will notify you by posting a prominent announcement on our Web site thirty (30) days prior to implementing the change (to the extent commercially possible). Users may opt out of the changes in how we use the customer identifiable information that you previously provided to us from the Edit My Account Profile menu option of the Account Access section of our Web site or by e-mailing us at support@chargesmart.com. ChargeSmart™ encourages you to periodically review the Terms and Conditions. Your continued use of the ChargeSmart™ Web site following the posting of changes to these terms will mean that you accept those changes.