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World Pesa ("worldpesa.com") MONEY TRANSFER SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
In the event there is any inconsistency between the English version of our web site and any other language version, the English version shall be binding.
Money Transfer customer (the "Sender") may send money to a designated receiver (the "Receiver") anywhere in the world where World Pesa ("worldpesa.com") offers its services over the Internet (the "Service") using eChecks ("Payment Method"). Money Transfers will normally be paid to the Receiver in cash or bank deposit. Money Transfers are available for pick up by the Receiver promptly after validation of Sender information which may take up to 72 hours, on a "Will Call" basis, at World Pesa ("worldpesa.com") agent locations in the destination country. Remittances that exceeds certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. For certain international destinations, a Test Question and Answer may be required, the Receiver will be required to provide either proper identification or the correct answer to the Test Question, or both, to receive payment. Please contact World Pesa ("worldpesa.com") at the Customer Service telephone number listed below for current information regarding the availability of Test Questions for your selected destination.
World Pesa ("worldpesa.com") reserves the right to limit the principal amount of a Money Transfer, or to decline to accept or pay any Money Transfer that it determines in their sole discretion violates any applicable law or World Pesa ("worldpesa.com") policy. Please contact World Pesa ("worldpesa.com") at the Customer Service telephone number listed below for current information regarding the conditions applicable to the service you have selected or your expected payment location.
When required by applicable law, Money Transfers sent or received in The United States will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide World Pesa ("worldpesa.com") with certain information to allow us, among other things: to verify your identity; to receive appropriate Payment Method authorization; and/or to complete the transaction. Please refer to World Pesa ("worldpesa.com")'s Online Privacy Statement for information concerning World Pesa ("worldpesa.com") use of this and other personal information.
FEES, PAYMENT AND CURRENCY EXCHANGE
FEES
In consideration for the use of the Service, you agree to pay to World Pesa ("worldpesa.com") a fee for each Money Transfer initiated by you at the applicable rate then in effect (the "Transfer Fee"). The applicable Transfer Fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.
PAYMENT
Transfer fees and the principal amount are due and payable before World Pesa ("worldpesa.com") processes the transaction. You must pay for the Service with your Payment Method. If World Pesa ("worldpesa.com") does not receive authorization from the Payment Method issuer, the transaction will be not be processed and funds will not be transmitted to the Receiver. World Pesa ("worldpesa.com") assumes no liability for damages resulting from or arising out of non-payment of the Money Transfer by reason of non-receipt of authorization from the Payment Method issuer. Each time you use the Service, you agree that World Pesa ("worldpesa.com") is authorized to charge your designated Payment Method account for the principal amount, the transfer fee and any other applicable fees. (Your agreement with your Payment Method issuer governs use of your Payment Method, and you must refer to that agreement to ascertain your rights and liabilities as a user of your Payment Method, which may include a "cash advance" fee.). Returned payments due to insufficient funds or wrong payment details may attract a minimum administration charge of $35 to be paid by the customer (sender).
CURRENCY EXCHANGE
All payments will be made in the currency of the destination country. In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States Dollar is converted to foreign currency at an exchange rate set by World Pesa ("worldpesa.com"). Any difference between the rate given to customers and the rate received will be kept by World Pesa ("worldpesa.com") (and, in some cases, its international agents) in addition to the Transfer Fees. Any refund in the event of non-payment will be made at the applicable exchange rate as described above in effect at the time of reconversion into United States Dollar. For information concerning the current currency exchange rates provided by World Pesa ("worldpesa.com") to its customers call +1 (425) 382-0980.
REFUNDS
Refunds of principal amount and cancellation of the Money Transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by World Pesa ("worldpesa.com"). Refunds will be made within 14 days of receipt of a valid written request from the Sender. Refund of fees will be made upon written request of the Sender if the Money Transfer is not available to the Receiver within the time specified by World Pesa ("worldpesa.com") for the selected service, subject to the business hours of the location selected by the Receiver for payment and other special conditions.
SPECIAL SERVICES
EMAIL NOTIFICATION to the Receiver that the Money Transfer is available for pick up is offered in The United States and certain international destinations. SUPPLEMENTAL MESSAGES may be included with domestic and most international Money Transfers.
ADMINISTRATION CHARGE
If a Money Transfer is not picked up by the Receiver or is not cancelled by the Sender prior to pick up within one (1) year of the date it was sent, there will be a non-refundable administration charge where permitted by law. The administration charge will be deducted from the principal amount of the Money Transfer. The administration charge is ONE (1) United States Dollar per month from the date the Money Transfer was sent, but not more than Twenty Five (25) United States Dollars.
RESOLUTION OF DISPUTES
World Pesa shall exercise all possible avenues to resolve any disputes that arise from our customers.
The following escalation procedures will be used to resolve any issues and disputes:
Step 1 - Contact Customer Service
Step 2 - Contact the Management
Any other dispute or claim arising from or relating to this Money Transfer shall be settled by arbitration administered by the ACAS under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the Money Transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer, expert and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL World Pesa ("worldpesa.com") BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the Money Transfer and the fees), unless the Sender has obtained a higher liability limit by calling the telephone number set out at the bottom of this form and paying an additional charge therefore. IN NO EVENT WILL World Pesa ("worldpesa.com") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
World Pesa ("worldpesa.com") RESERVE THE RIGHT TO DECLINE TO SEND OR REFUSE TO PAY ANY MONEY TRANSFER THAT EITHER OF THEM DETERMINES IN THEIR SOLE DISCRETION VIOLATES ANY APPLICABLE LAW or World Pesa ("worldpesa.com") POLICY.
Electronic Statement Disclosure Agreement
By accepting Fortress Trust's Electronic Statement Disclosure Agreement", you consent and agree that Fortress Trust may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements for your Fortress Trust account(s). The words "we," "us," and "our" refer to Fortress Trust, and the words "you" and "your" mean you, the individual(s) or entity identified on the Account(s). As used in the Disclosure, "Account" means the account you have with us. "Communication" means any customer agreements or amendments thereto, monthly billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service, or Account, including but not limited to information that we are required by law to provide to you in writing. We do not currently provide you with a right or option to have the required information made available to you in paper format or in other non-electronic form.
Communications Provided in Electronic Form
You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law. Your consent to receive electronic communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and Communications associated with the Account.
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information.
- Notices or disclosures about a change in the terms or change in fees of your Account.
- Responses to claims or customer support inquiries filed in connection with your Account.
- Privacy policies and notices.
- Monthly (or other periodic) billing or account statements for your Account(s).
Method of Providing Communications in Electronic Form
All Communications provided by Fortress Trust to you in electronic form will be provided either:
(i) Email sent to yourprimary email address listed in your Account profile;
(ii) Communicating via instant chat and/or through other electronicforms of communication; or
(iii) by logging into your Account.
Updating Your Records
It is your responsibility to provide us with a true, accurate, and complete e-mail address at the time your Account is opened in order for us to provide you with electronic Communications. You must promptly notify us of any changes tothis information. You may update your information by logging into your account or contacting our support team at support@fortresstrust.us.
Hardware and Software Requirements
In order to access, view and retain electronic Communications that we make available to you, you will need the following computer hardware and software:
(i) A device with an Internet connection;
(ii) A current web browser that includes 128-bit encryption with cookies enables;
(iii) Adobe Acrobat Reader version 8.0 or higher; (iv) A valid email address; and
(iv) Sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at support@fortresstrust.us. If you fail to provide or if you withdraw your consent to receive Communications electronically, Fortress Trust reserves the right to immediately close your Fortress Trust Account.
Electronic Fund Transfers
Consumer Liability
Tell us AT ONCE if you believe an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss, you can lose no more than $50 if someone used your funds without your permission. If you do NOT tell us within 2 business days after you learn of the loss, and we can prove we could have stopped someone from using your funds without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in event of unauthorized transfer
If you believe an electronic fund transfer has been made without your permission, call: 702.813.3800 or write: Fortress Trust, Error Resolution Department, 10801 W. Charleston Blvd., Suite 440, Las Vegas, NV 89135
Business days
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
(i) where it is necessary for completing transfers, or
(ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
(iii) In order to comply with government agency or court orders, or
(iv) If you give us your written permission.
Documentation
Preauthorized credits. If you have arranged to have direct contributions made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us money.
Periodic statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
Preauthorized payments
i. Stopping payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
Call us at 702.813.3800, or write us at Fortress Trust, 10801 W. Charleston Blvd., Suite 440, Las Vegas, NV 89135, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
ii. Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.
iii. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial institution's liability
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
i. If, through no fault of ours, you do not have enough money in your account to make the transfer.
ii. If the system was not working properly and you knew about the breakdown when you started the transfer.
iii. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
iv. There may be other exceptions stated in our agreement with you.
Truth in Savings Disclosure
RATE INFORMATION INCLUDING COMPOUNDING & CREDITING
Unless otherwise agreed in writing, your account is a non-interest bearing account.
MINIMUM BALANCE REQUIREMENTS
There is no minimum balance required to open an account.
There is no minimum balance required to avoid the imposition of a fee.
FEES
Monthly Fee: You will not be charged a monthly fee to maintain your account.
TRANSACTION LIMITS
Fortress reserves the rights to apply transaction limits.
There is no debit, ATM or check features associated with this account.
STATEMENTS
As stated in the Electronic Statement Disclosure Agreement, you have consented to receive electronic statements for your account. If you withdraw your consent to receive electronic statements (or any other electronic communications), your account will be closed.
ACCOUNT CLOSING
Fortress Trust reserves the right to terminate your account at any time. If your account is terminated, any proceeds in your account will be returned to the original source of payment that you, the account holder, used to fund the account unless otherwise agreed.
FUNDS AVAILABILITY DISCLOSURE
YOUR ABILITY TO WITHDRAW FUNDS
Our policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day we receive the deposit. All check deposits, including, but not limited to; official bank, cashier's, certified, tellers, traveler's, and federal, state and local government checks will be available on the next business day following the day of your deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business, or on a day we are not open, we will consider the day of your deposit to be the next business day that we are open (for example, if you mail the deposit or utilize our night deposit drop). Even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to us unpaid and for any other problems involving your deposit.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,525 on any one day.
- You/we redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available on the fifth business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open. Our policy is to make funds from deposits of cash, electronic direct deposits and wire transfers to your account available on the day we receive the deposit. The first $5,525 of a day's total deposits of official bank, cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
FOREIGN ITEMS
Deposited items that are drawn on financial institutions outside of the U.S., and not payable at or through a U.S. branch correspondent financial institution will not be available to you until we receive payment. Even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for deposited checks that are returned to us unpaid and for any other problems involving your deposit.
HOLDS ON OTHER FUNDS
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Softiva Corp DBA WorldPesa
510 Thornall Street,
Suite 320
Edison, NJ 08837
United States America