Terms of Service

Terms & Conditions 1. Introduction. This document (hereinafter 'Agreement") is a contract between you and OBL Computer Network Ltd d/b/a PBTPay, (hereinafter 'we' or 'us') in connection with the PBTPay payment application (the 'Application') offered through our online website(s) (including www.PBTPay.us) or mobile applications (including the PBTPay application) (collectively 'PBTPay') . This Agreement applies to your use of the Application and any portion of PBTPay through which the Application is offered. 2. Description Of Application. The Application enables you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account; and/or (3) Utilize your existing bank card to make a purchase from a PBTPay merchant; and/or (4) Utilize a customer bank card to receive a payment. Although the ACH Network is often used to execute Payment Instructions for the Application, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All Payment Instructions must be made through PBTPay and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through PBTPay and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. 3. Providers. We may offer you the Application through one or more of our Affiliates that we engage to render some or all of the Application to you on our behalf. You agree that we have the right under this Agreement to delegate to our Affiliates some or all of the rights and performance obligations that we have under this Agreement, and that these Affiliates will be entitled to all the rights and protections that this Agreement provides to us. Affiliate and certain other capitalised terms are defined in a 'Definitions' section at the bottom of this Agreement. 4. Amendments; Consent. We may amend this Agreement and any applicable fees and charges for the Application at any time by posting a revised version on PBTPay. You may be required to affirmatively accept the revised Agreement in order to continue using the Application. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Application after a notice of change or after the posting of a revised version of this Agreement on PBTPay will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Application and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Application, and/or related applications and material, and limit access to only the Application's more recent revisions, updates, upgrades or enhancements. You agree that if you are currently or become a registered user of another of our services, your Application setup or customer profile information, including but not limited to your name, email address and bank account information, may be shared by and with our Affiliates, and we may provide you with the Application as a substitute to or replacement of any service previously provided through another website or platform. 5. Our Relationship With You. We are an independent contractor for all purposes. We do not have control of, or liability for, any products or services that are paid for with our Application. We also do not guarantee the identity of any user of the Application (including but not limited to Receivers to whom you send payments). 6. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to Affiliates, independent contractors or other third parties. 7. Notices to Us Regarding the Application. Except as otherwise stated below, notice to us concerning PBTPay or the Application must be sent by postal mail to: OBL Computer Network Ltd, Attn: Application Notices, 11660 Alpharetta Highway, Suite 720, Roswell, GA 30076. 8. Notices to You. You agree that we may provide notice to you by posting it on PBTPay, sending you an in-product message within the Application, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Application setup or customer profile. For example, users of the Application may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payment) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 7 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to terminate your use of the Application if you withdraw your consent to receive electronic communications. 9. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and/or text messages from us at that number, and/or emails from us for our everyday business purposes (including identity verification). You further consent to receiving text messages from us at that number, and/or emails from us for marketing purposes. Please review our for more information. Our can be viewed by clicking here. 10. Receipts and Transaction History. You may view your transaction history by logging into the Application and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail. 11. Your Privacy. Protecting your privacy is very important to us. Please review our in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. Our can be viewed by clicking here. 12. Privacy of Others. If you receive information about another person through the Application, you agree to keep the information confidential and only use it in connection with the Application. 13. Eligibility. The Application is offered only to individuals or organizations who can form legally binding contracts under applicable law. Without limiting the foregoing, the Application is not offered to minors. By using the Application, you represent that you meet these requirements and that you agree to be bound by this Agreement. 14. Prohibited Payments. The following types of payments are prohibited through the Application, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments: (a)Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and (b)Payments that violate any law, statute, ordinance or regulation; and (c)Payments that violate the Acceptable Use terms in section 15 below; and (d)Payments related to: (1) tobacco products,(2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and (e)Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and (f)Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other 'get rich quick' schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following 'money service business' activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and (g)Tax payments and court ordered payments. In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to any charity or non-profit organization unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally. 15. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Application, regardless of the purpose of the use, and for all communications you send through the Application. We have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Application for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Application or the portion of PBTPay through which the Application is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting PBTPay or Application, or interfere or attempt to interfere, with PBTPay or the Application; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally. 16. Payment Authorization and Payment Remittance. (a)By scanning an S-QR and validating your secure PIN code, you authorize us to the Payment Instructions that we receive through the Application. (b)When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the Payment Instruction could not be completed. (c)We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances: 1.If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account; 2.The Application is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction; 3.The payment is refused as described in section 20 below; 4.Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution or interference from an outside force) which prevent the proper execution of the Payment Instruction. 17. Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on PBTPay. Payment Instructions initiated to Receivers are processed through the Receiver's merchant services account. You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Application, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date(s) and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day following the specified date. 18. Receiver (merchant) Accounts and Creation of S-QR codes Receivers of payments agree an S-QR code will be created supporting individual transactions and that each S-QR code created will: (a) Be for valid product offerings. (b) be for product(s) that have been delivered concurrently with the execution of the purchase or delivered to Sender through PBTPay's Logistics support network or shipped by Receiver within 48 hours of executed sale. 19. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Application. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to PBTPay to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment. 20. Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver's Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver's Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting us. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through PBTPay. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a payment initiated or attempted through the Application. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law. 21. Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with us in the manner set forth in section 7 above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Application has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable ...