KLIK TECHNOLOGIES SUBSCRIBER AGREEMENT |
AGREEMENT made this ___ day of ___, ____, by and between KLIK TECHNOLOGIES CORP., (the "Company"), a New York corporation, and_______, residing at_________(the "Customer"). Unless otherwise specified in this Agreement the words "you" and "your" mean the Customer and the words "we", "our" and "us" mean the Company. |
PRELIMINARY STATEMENT |
It is the purpose and intent of this Agreement to describe the terms and conditions under which the Company will provide the Customer with access to and use of the Company’s bill delivery and payment service (the "KliknPay system") as well as the data available therein (the "Data") , available "on line" over the Internet, which will effectively enable Customer to pay monthly rent to his landlord (the "Landlord") for Customer’s use and occupancy of_________________(the "Apartment"). The terms and conditions provided in this Agreement are in addition to and do not replace or modify any agreement Customer may have with (i) a financial institution (the "Bank") at which Customer maintains a deposit account for personal, family or household purposes from which checks are drawn (the "Account") or (ii) any lease or other agreement Customer may have with the Landlord or any of the Landlord’s representatives. |
1. Electronic Delivery of Notices: Customer agrees that any and all disclosures and/or notices required by applicable law and regulation, other than this Agreement, may be delivered by the Company to Customer electronically. Customer further agrees that the Company may respond to Customer with an e-mail irrespective of the fact that the original communication by Customer to the Company may not have been by e-mail. All notices, disclosures and other communications will only be delivered via e-mail to an address designated by Customer. The Company will consider any e-mail sent by the Company to the Customer as if it were sent by US Mail, postage prepaid, and will be considered received within 3 calendar days of the date sent regardless of whether Customer accesses the Company’s on line web site within that time. To the extent of any applicable law, any e-mail sent by Customer to the Company will not be effective until the Company actually receives it and has had a reasonable opportunity to act upon it. It is strongly suggested therefore, that Customer reports all matters requiring immediate attention (e.g. reports of all alleged unauthorized payments or errors or requests for stop payments) by e-mail or U.S.mail. The Company may require Customer to provide the Company with written confirmation of any oral or electronic stop payment request or notice of alleged error. |
2. License: During the term of this Agreement, the Company grants Customer a non-exclusive, non-transferable, limited license to use the KliknPay service at such time as it is generally available and to obtain and use the Data contained therein solely in accordance with the terms of this Agreement. |
3. Usage: Customer shall not provide access to the KliknPay system to any other party and will take reasonable precautions to safeguard the assigned user password (the "Access ID") and keep it confidential. Customer shall use the KliknPay system and the Data for legitimate purposes only. Customer shall provide at its own expense all necessary telephone lines, Internet connections and equipment needed to access the KliknPay system. Customer shall maintain the confidentiality of its assigned user name and password and be responsible for all charges incurred under the user name. |
4. Authority to Debit Account, Electronic Transfers: Customer agrees to provide the Company with its Bank and Account information and hereby authorizes the Company to debit the Account in order to pay Customer’s rent on the Apartment. The Customer agrees to maintain balances sufficient to pay such bills and that the Company is not liable for any overdraft or insufficient fund situation or charge caused by your failure to maintain funds sufficient to pay all payments issued through the Company and its KliknPay system. The Customer agrees to promptly notify the Company in writing of any changes to the Bank or the Account and hereby grants authority to the Company to debit any new or replacement Account. When you authorize a payment to be made through KliknPay, you are requesting an electronic transfer from your bank account. When making such a pre-authorized payment, the Company will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. The Company provides you protection against unauthorized withdrawals from your bank account under the terms of the Electronic Fund Transfer Rights and Error Resolution Policy below. |
5. Changes to Company's Service and this Agreement: The Company reserves the right to change the KliknPay service and this Agreement, including fees, in its sole discretion at any time and from time to time, by posting the amended terms on our site. Upcoming changes will be posted on the "Notification of Changes" page, accessible from "Reports" tab on your "Welcome" page once you have logged in. You will be notified of any such changes by a message on your message box (once you log in). Any such changes will generally be effective immediately unless required by applicable law. In such instances, those amendments will be effective as soon thereafter as permitted by law. If you do not agree to the amendments, you may stop using your KliknPay Account immediately using the following procedure: Log onto your account and select "Payments" from the user menu. Click on "Stop Recurring Payments" and/or make no further One-Time payments. You may deactivate your account by contacting us at customercare@klik.com. Your data will be removed from our active server at the next maintenance cycle. Your data will remain in backup storage for some period of time. If an investigation is pending at the time you close your account and it is later determined that less money being transferred from your account than should have been (or that a provisional credit should have been reversed), you will remain liable for all obligations related to your account even after your account is closed and agree to remit any such sums to or at the direction of the Company within five (5) business days after written demand is made therefore. You may review the current Agreement prior to initiating a transaction at any time at our "Notice of Changes" page. |
6. Privacy: The Company does not sell or otherwise provide individual customer names or non-public personal information to third parties and has no intention of doing so in the future. The Company's Official Privacy Policy is posted on its website. |
7. Electronic Bills: To the extent available online, the Company will deliver to Customer the Landlord’s bills for rent and/or other services, if any. Customer hereby authorizes the Company to access the Landlord or property manager’s web site on Customer’s behalf and hereby appoints the Company as its agent for this limited purpose. Customer hereby permits the Company to utilize and store on the Company’s servers information and other Data submitted by you to accomplish the foregoing. The Customer is responsible for all charges associated with third party biller web sites and Customer agrees to comply with the terms of those services. For all purposes hereof, Subscriber hereby grants to the Company a limited power of attorney and does hereby appoint the Company as its true and lawful attorney-in-fact and agent, with full power of substitution, for Customer and in Customer’s name, place and stead, in any and all capacities, to access third party sites, retrieve information and use Customer’s information, all as described above, with the full power and authority to do and perform each and every act and thing necessary to be done in connection with such activities, as fully to all intents and purposes as Customer might or could do in person. CUSTOMER ACKNOWLEDGES AND AGREES THAT WHEN THE COMPANY IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY BILLER WEB SITES, THE COMPANY IS ACTING AS CUSTOMER’S AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY BILLER. |
8. Bill Content: Subject to the Company’s Official Privacy Policy, which is available on the Company’s web site, Customer is licensing to the Company any bill content, which includes data and or personal information obtained from Customer’s third party biller web sites or data which Customer provides through or to the Company, for use by the Company as hereinafter provided. The Company may use, modify, display, distribute and create new material using such bill content but only for the purpose of providing the KliknPay system to Customer. By using the KliknPay system, Customer agrees that the owner of such bill content has authorized, without any particular time limit, and without the payment of fees, use by the Company of the bill content for the purposes set forth in this Agreement only. |
9. Consumer Liability:
TO THE EXTENT THAT A PAYMENT INITIATED THROUGH KLIK TECHNOLOGIES IS AN "ELECTRONICS FUNDS TRANSFER"
AS DEFINED IN REGULATION E ("REG E") OF THE ELECTRONIC FUNDS TRANSFER ACT, SUCH PAYMENT SHALL BE
SUBJECT TO THE CONSUMER BANKING REGULATORY PROTECTIONS DESCRIBED IN REG E AND CERTAIN DISCLOSURES
(WHICH ARE INCORPORATED HEREIN BY REFERNCE) SHALL APPLY. THESE DISCLOSURES WILL NOT APPLY TO PAYMENTS
THAT ARE NOT ELECTRONIC FUNDS TRANSFERS. Tell us AT ONCE if you believe your Access ID has been lost,
stolen or used (or may be used) or that a payment has been or may be made without your permission.
E-mail is the best way of keeping losses to a minimum. Contact information for the Company is as follows:
E-mail address: CustomerCare@Klik.com Mailing address: Klik Technologies Corp., P.O. Box 10128, Newark, NJ 07102-3128 |
10. Term and Termination: This Agreement shall remain in force until terminated by either party upon no less than thirty (30) days prior written notice of termination to the other party or as otherwise provided in our Electronic Fund Transfer Rights and Error Resolution Policy. Notwithstanding the foregoing, if either party breaches a material provision of this Agreement, then the other party shall have the right to terminate this Agreement immediately upon delivery of written notice thereof |
11. Disclaimer: The Data is provided by Customer and/or third parties. The Company is solely a distributor not a creator or publisher of the Data. Any opinions, statements, services, offers or other information expressed or made available in the Data are those of the respective authors or distributors and not of the Company. |
12. Limitation of Liability: THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHICH AROSE AS A RESULT OF CUSTOMER’S USE OF THE KLIKNPAY SYSTEM OR THE DATA, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, EXCEPT FOR ACTUAL DAMAGES INCURRED AS A DIRECT RESULT OF THE COMPANY’S NEGLIGENCE. |
13. Incorporation by Reference:
The following policies (showing their last updated date) are incorporated into this Agreement by
reference and provide additional terms and conditions related to specific services we offer:
Electronic Fund Transfer Rights and Error Resolution Policy (August __, 2003) Official Privacy Policy (August __, 2003) Each of these policies may be changed from time to time and are effective as provided in Section 5, above. In addition, when using our services, you agree that you are subject to any policies or rules which are posted in conjunction with such services. All such posted policies or rules are hereby incorporated by reference into this Agreement. |
14. Indemnification: You agree to indemnify and hold the Company, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the services to be provided hereunder. |