A copy of Protiv's Fee and ACH Authorization Agreement.
THIS VERSION WILL BE EFFECTIVE BEGINNING APRIL 28, 2022, AT 6:00 AM EDT.
This Fee and ACH Authorization Agreement (this “Agreement”) is between you and Cinder Tech, Inc., DBA Protiv (“Protiv”), as described below in Section 1 (Parties). This Agreement provides information on the fees Protiv charges for use of the Site’s services, including ProPay, and includes eligible Customers’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, Site Terms of Use, or elsewhere in the Terms of Service.
By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. However, we will provide advance notice of any increase in prices or fees affecting current Customers. Please check the Site often for updates.
1. PARTIES
You are entering into this Agreement with Cinder Tech, Inc, DBA Protiv (“Protiv” also referred to as “we” and “us”).
2. FEES CHARGED TO CUSTOMERS
Pursuant to the Terms and Conditions and the End User License Agreement, we charge Customers a Service Fee for each “Active User”, as defined in Section 2.1. Where applicable, Protiv may also collect taxes on Service Fees. These Service Fees automatically renew until they are canceled, as described in the Terms and Conditions. Additionally, the use of various Payment Methods offered through the Site and the Site Services may incur added fees or charges. All Payment Methods will be posted on the Site along with any associated fees or charges, which we may update from time to time at our sole discretion. By selecting a Service subject to additional fees or charges, you thereby authorize us to charge to you and to collect from you (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any fees, charges, or taxes described in Section 2.
2.1 PER USER PRICING
We will charge you a Service Fee based on the total Active Users activated by you, subject to a monthly minimum Service Fee. Active Users are defined as any User who is marked “Active” at the time of billing, or has an open assigned ProPay, or has a pending payroll for an open or closed ProPay. Administrative, Manager and Supervisory Users are not charged Service Fees, provided they are not also Active Users, as defined above. If an Active User is added during the 30-day period, the Service Fee will be charged when the User is added to a ProPay. Note: The Service Fee will appear as a single charge to your account rather than separate amounts for each Active User.
The Protiv Service Fee is as follows: Protiv Service Fee - $19.95 per User, per Month with a $199 monthly minimum
2.2 FIRST YEAR DISCOUNTED SERVICE FEE
In the first year as a customer, Protiv provides a discounted rate per user. The first year begins on the Effective Date the Customer accepted the Protiv Terms and Conditions. The First Year Discounted Service Fees will end on the 1st year anniversary of the Effective Date. For purposes of clarification, if a Customer activates a new User 6 months after they first accepted the Protiv Terms and Conditions, the new User would receive the Customer’s First Year Discounted Service Fee pricing for 6 months. Customers in their first year of service will receive a discounted rate as follows: Protiv Service Fee - $9.95 per user, per Month with a $99 monthly minimum.
3. AUTHORIZATION FOR ACH DEBITS AND CREDITS AND OTHER TRANSACTIONS
If and to the extent permitted by Protiv at its sole discretion, Customers may pay Service Fees and other fees owed under the Terms of Service from their designated bank accounts. Subject to Protiv’s eligibility requirements, if you elect to pay Service Fees or any other amounts owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize us to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such amounts pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for ACH transfers contained in this Section 3 will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your Profile or by contacting Customer Support. You understand that we require at least three (3) business day’s prior notice in order to cancel your authorization for ACH transfers contained in this Section 3.
You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by updating your bank account information in your Profile or by contacting Customer Support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization provided in Section 3. However, we assume no responsibility for our failure to do so.
You may view a history of your Account transactions by logging in to the Site. You are solely responsible for promptly reconciling your Account transaction history with the transaction records for your bank account. You must notify us of any errors or discrepancies in your Account transaction history (each an “Error”) within 30 days of when the Error could be viewed in your Account transaction history on the Site. If you do not notify us of an Error within 30 days of when the Error could be viewed in your Account transaction history on the Site, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.
Subject to the foregoing notice requirement: (a) if and to the extent we cause an Error, we will correct the Error and (b) if you cause an Error, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account or your Client Escrow Account, as applicable.