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Terms & Conditions for Consumers specific to Pay-By-Bank Services

Valid From 04-04-24

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  1. Pay-by-Bank ACH Authorization and Agreement: Pay-by-Bank is a payment service powered by Skrill USA, Inc. (“Skrill, “we” or “us”), a member of the Paysafe Group of companies, licensed to provide money transfer services in the United States. If you elect to authorize a direct transfer of funds from your bank account or direct transfer of funds to your bank account (an “ACH”) to or from a Merchant who has agreed to participate in our Pay-By-Bank program (a “Merchant”), you may enroll your bank account information by linking your account (which will thereby link the name of your bank, its ABA routing number and your account number) with us through the “Pay-by-Bank” feature, and where you are asked to certify your agreement with this Pay-by-Bank ACH Authorization and Agreement ("Pay-by-Bank ACH Authorization and Agreement"). You hereby certify and agree as follows: (i) you are the owner of the bank account(s) corresponding to the account  you are supplying and designating as a source of funds to make payments to Merchant or to receive funds from the Merchant (your “Bank Account(s)”); (ii) you are duly authorized in accordance with your Bank Account agreement with your Bank that holds your Bank Account(s), to authorize Skrill to debit and credit such Bank Account(s); (iii) such Bank Account(s) is/are capable of and allow ACH (electronic fund transfer) transactions, (iv) such Bank Account(s) is/are in good standing and have sufficient funds to cover the contemplated transaction(s), (v) such Bank Account(s) is/are a consumer personal account(s); (vi) you are authorized to make withdrawals from the Account(s) and credits to the Account(s) without the approval or participation of anyone else; and (vii) you authorize us to initiate withdrawal (debit) or credit entries to your Bank Account(s) when you specifically select Pay-by-Bank as your payment (debit) or credit method for this Merchant, and by clicking your agreement to the Pay-by-Bank ACH Authorization and Agreement, you also authorize future transactions you make with this Merchant using Skrill and the Pay-by-Bank ACH Service, until such time as you delete the Pay-by-Bank link between this Merchant and your Bank Account(s) as described in Section 3, below.  Once your cancellation is processed, no further credits or debits will be authorized or permitted under this Pay-by-Bank ACH Authorization and Agreement for this Merchant, although previously authorized payments may be made, even if such payments do not appear as debited in your bank account statement. In providing the Pay-by-Bank service to you, Skrill will use the facilities, expertise, processing systems and other attributes of its affiliates and selected third parties, such as Certegy Payment Systems LLC (“Certegy”).
     
  2. Acknowledgements: You acknowledge and agree that: (i) the origination of ACH transactions to and from your Bank Account(s), must comply at all times with the provisions of applicable federal, state and local laws, rules and regulations; (ii) you will not use the Pay-by-Bank ACH Services outside of the United States, for international transfers, or for any transaction requiring foreign currency; and (iii) you will receive any required notices electronically at the e-mail address you have provided via the Merchant, or that you provide as you sign up to Pay-by-Bank ACH Service.
     
  3. Authorization and Cancellation: Your Pay-by-Bank ACH Authorization and Agreement is a continuing one that will remain in effect until you cancel it by unlinking your Bank Account(s), which you can do by deleting the respective Bank Account(s) from the Paysafe or Certegy gateway, or from the Merchant’s website or mobile app where you originally linked it. We must have a reasonable opportunity to act on your cancellation (generally three (3) business days), and you understand that you may only cancel this Pay-by-Bank ACH Authorization and Agreement for a particular Merchant only by unlinking your linked Bank Account(s).  Your failure to do so will void any other attempted cancellation by you, and this pay-By-Bank ACH Authorization and Agreement will remain in effect.
     
  4. Consent: You acknowledge and agree that, to the extent permitted by applicable law, you will be deemed to have accepted and executed this Pay-by-Bank ACH Authorization and Agreement by checking the box acknowledging these Terms of Use, and by enrolling your Bank Account(s) either via a link to the login to your online banking or banking mobile app, or if made available, by entering your name, bank account and bank routing numbers into the portal linking your Bank Account;  these actions will be sufficient to demonstrate your consent and acceptance, and will constitute the effective date of this Pay-by-Bank ACH Authorization and Agreement. Each use of the Pay-by-Bank ACH Service constitutes your continued acceptance of these Terms & Conditions of this Pay-by-Bank ACH Authorization and Agreement.
     
  5. Account Validation: When you provide us with your Bank Account information, and as a condition to your enrolling such Bank Account(s) in the Pay-by-Bank ACH Service, we will verify your identity, authority and right to access to the Bank Account(s) you identify. In order to do so, Skrill will use a third-party provider, such as Certegy, to verify your identity and authorization for the Bank Account(s) you identify. Upon valid confirmation, your Bank Account(s) will be linked to the Pay-by-Bank ACH Service, and you will be able to request ACH fund transfers to and from the Merchant to be issued to and from your Bank Account. In certain circumstances, we may make available an alternative method to enroll your Bank Account, by which you enter in your Bank Account and routing numbers to link your Bank Account(s) with the Merchant, and you would then thereafter be prompted to confirm the specific amounts of two random micro-deposits credited to your Bank Account, as part of our Account validation process.
     
  6. Bank Transfers: You must originate each ACH transaction to or from your Bank Account for each transaction, by selecting the “Pay-By-Bank” option and specifying the amount want to deposit or receive. When you use your Bank Account as your transaction method for any transaction with a Merchant, you are requesting an electronic ACH transfer from or to your Bank Account. For these transactions, Skrill will make electronic transfers via ACH from or to your Bank Account in the amount you specify. You agree that such requests constitute your authorization and consent to Skrill to make the transfer.
     
  7. Insufficient Funds and Account Overdrafts: You are not allowed to exceed the balance in your Bank Account through an individual transaction or a series of transactions. If at any time a transaction amount exceeds the balance of the funds available in your Bank Account (creating a “negative balance”), and such transaction(s) nevertheless are processed by Skrill, you shall remain fully liable to Skrill and/or Certegy or any other third–party agent or provider for the full amount of the transaction and any applicable fees or charges, including overdraft charges imposed by your bank. Moreover, you will be required to repay such negative balance, immediately without notice, by depositing sufficient funds into your Bank Account. Failure to do so is a breach of this Pay-by-Bank ACH Authorization and Agreement. We reserve the right, at any time, to continue to debit your Bank Account for funds you owe us, and to take debt collection measures including but not limited to mandating a debt collection agency or attorneys to pursue the claim in court or through any available legal means. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts. We also reserve the right to cancel your participation in the Pay-by-Bank Service should you create one or more negative balances.
     
  8. Contact Information: You may contact Skrill online at support@paysafe.com, or by calling us on the customer service telephone number listed on our website, to make inquiries, obtain information, or for guidance about how to remove a bank account from the Pay-by-Bank Service. If you wish to file a complaint related to the Pay-by-Bank service, you may do so via the following link, How do I file a complaint? | Skrill 
     
  9. Recourse/Reimbursement Statement: You have certain rights if a transaction with a Merchant using this service does not comply with this Pay-by-Bank ACH Authorization and Agreement.  For example, you have the right to receive reimbursement for any withdrawal from your Bank Account that was not properly authorized by you or on your behalf, or is not consistent with this the terms of this Pay-by-Bank ACH Authorization and Agreement. To obtain more information on your recourse rights, contact your financial institution.
     
  10. Credit Reporting: You acknowledge and agree that certain violations of this Pay-by-Bank ACH Authorization and Agreement by you, such as disputing a previously granted valid consent or initiating one or more transactions creating a negative balance in your Bank Account due to insufficient funds or overdraft, may result in negative credit reporting.
     
  11. Potential Denial of Transactions.  Skrill and/or its third-party service provider Certegy, each in its sole discretion, reserve the right to deny any Pay-by-Bank ACH transaction if all approval criteria are not met; we and Certegy also reserve the right to terminate your enrollment or your access to the Pay-by-Bank ACH Service.  If you have any questions or complaints about the approval or decline of any specific transaction, please contact Certegy at Certegy Payment Solutions, LLC, PO Box 7189, Clearwater, FL 33758, Phone: 1-800-437-5120.
     
  12. Limited Agent: Skrill, in performing Pay-by-Bank Services, is acting solely on behalf of the Merchant as an authorized “Limited Agent” of the Merchant, meaning that Skrill’s role is limited to processing transactions through the Pay-by-Bank ACH Service between you as a customer and the Merchant. For this reason, Skrill assumes no liability for any acts or omissions of the Merchant with whom you engage in a transaction. This means if you have a question, problem or complaint related to any Merchant good(s) or service(s), your obligations to make payments or a deposit to the Merchant, or your entitlement to a credit or funds held by the Merchant, you must contact the Merchant directly.
     
  13. Customer Personal Information: The processing of your personal data and information is governed by the Skrill Comprehensive Privacy Notice, the terms of which you accept by accepting this Pay-by-Bank ACH Authorization and Agreement and which are available through the link above. In order to confirm information about you, and to comply with legal and regulatory requirements, we may obtain information from your bank and from third-party providers, including governmental and non-governmental entities. Except as limited or prohibited by law, we may maintain and use all such information and share it with our affiliates (a) to support, develop, improve, market and promote our business and our rights; (b) to comply with law, civil or investigative investigations, subpoenas, summons, bankruptcy notices, and otherwise to respond to governmental and law enforcement authorities; and (c) for any other purpose not prohibited by law, including disclosure to a potential acquirer, investor, merger partner or other entity considering the acquisition of, or participation in,  Skrill or its affiliates.  In validating your identity and bank account, Skrill is relying on your information currently on file with the Merchant to confirm your identity and to match it with the information on file at your bank. If you need to update your information with the Merchant, you should do so before linking your Bank Account, or Skrill may not be able to confirm the addition of your Bank Account to enroll in the Pay-by-Bank ACH Service.
     
  14. Disclaimer: Skrill does not warrant that the Pay-by-Bank ACH Services will operate error-free or without downtime. We may pause or interrupt the Pay-by-Bank ACH Services at any time, and you should expect periodic downtime for updates to the Pay-by-Bank ACH Services. When conducting transactions via the Pay-by-Bank ACH Services, please bear in mind that we do not control, and are not responsible for, the security of the Internet, your mobile devices or computers, or the networks you may use. Always use the Pay-by-Bank ACH Services through secure devices and networks.

THE PAY-BY-BANK ACH SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE THEREIN, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKRILL AND ITS AFFILIATES MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE PAY-BY-BANK ACH SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Customer agrees that Skrill and its affiliates and third-party contractors whom Skrill engages to support the Pay-By-Bank ACH Service will not be liable to Customer, any of its  employees, officers, directors, owners, agents, assigns, affiliates, or representatives, for any consequential, special, incidental, indirect, exemplary, or punitive damages of any kind under any contract, negligence, strict liability, or other theory. Customer agrees to indemnify and hold harmless Skrill (and Skrill’s respective employees, officers, directors, owners, agents, assigns, affiliates, and representatives) from and against any claims, causes of action, liabilities, losses, damages, settlements, penalties, fines, forfeitures, fees, costs, and expenses (including reasonable attorney’s fees and costs), arising out of or relating to a breach by Customer of any of Customer’s  representations, warranties, obligations or covenants in this agreement.

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