Payment By Checking Account Using ACH - Terms and Conditions
1. Electronic Signature and ACH Authorization. By
submitting this ACH authorization form, you agree that: (a) you have read, understand
and agree to these Terms and Conditions, and that this agreement constitutes a "writing
signed by you" under any applicable law or regulation, (b) you consent to the electronic
delivery of the disclosures contained in these Terms and Conditions, (c) you authorize
ECHO to make any inquiries we consider necessary to validate your dispute, which
may include ordering a credit report and performing other credit checks or verifying
the information you provide against third party databases, and (d) you authorize
ECHO to initiate one or more authorized ACH entries (debits withdrawals – credits
- deposits) for the specified amount(s) from your bank account, and you authorize
the financial institution that holds your bank account to deduct or add such payments.
2. Customer Service. All questions relating to any
payments made using your bank account should be directed to ECHO, and not to the
financial institution that holds your bank account. You may contact us by calling
us at 440-835-3511.
3. Error Resolution Policy. If you believe that any
payment transaction initiated by ECHO (or its agent) with respect to your bank account
is erroneous, or if you need more information about any such transaction, you should
contact us as soon as possible by telephone or e-mail using the telephone number
or e-mail address provided in Section 2 of these Terms and Conditions. In any event,
we must hear from you no later than 90 days after the date the questionable transaction
FIRST appeared on your bank account statement.
If you provide us with this information orally, we
may require that you send us your complaint or question in writing within ten (10)
Business Days. A "Business Day" means Monday through Friday, excluding federal banking
holidays. We will attempt to determine whether an error occurred within ten (10)
Business Days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days to investigate your
complaint or question. If we decide to do this, and your inquiry or complaint involves
any amounts debited from your bank account, we may transmit a provisional credit
to your bank account for the amount you think is in error, so that you will have
the use of the money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing and we do not receive
it within ten (10) Business Days, we may not grant provisional credit of the disputed
amount. We will tell you the results of our investigation within three (3) Business
Days after its completion. If we determine that there was no error, we will send
you a written explanation, and we may, and you authorize us to, debit your bank
account for the amount of the provisional credit. You may ask for copies of the
documents used in our investigation.
4. Electronic Delivery of Future Disclosures. You
agree to accept all disclosures and other communications between you and us on this
Website or at the primary e-mail address associated with your customer account.
You should print and retain a copy of all such disclosures and communications.
5. Our Liability. If we fail to debit your bank account
in accordance with these Terms and Conditions, in the correct amount, we may be
liable for certain losses directly caused by our failure as the law may impose in
such cases. However, there are some exceptions. For instance, we will not be liable
where: (1) you do not have enough money in your bank account; (2) your bank account
is closed or withdrawals restricted; (3) any terminal or system was not working
properly and you were advised of that before you initiated the payment; (4) circumstances
beyond our control (such as flood, fire, power outages, mechanical or system failures);
(5) your financial institution refuses to honor an ACH debit; (6) your instructions
are lost or delayed in transmission to us; (7) a reasonable security concern, such
as unauthorized use, causes us not to honor your instructions; (8) this payment
option has been discontinued or suspended; (9) we advise you that your request will
not be processed; and (10) other exceptions allowed by law. If our error was unintentional
and resulted from a bona fide error, our liability is limited to actual damages.
6. Agreement Changes. We may in our discretion change
these Terms and Conditions at any time without notice to you. If any change is found
to be invalid, void, or for any reason unenforceable, that change is severable and
does not affect the validity and enforceability of any other changes or the remainder
of these Terms and Conditions. We reserve the right to subcontract any of our rights
or obligations under these Terms and Conditions. YOUR CONTINUED USE OF YOUR BANK
ACCOUNT FOR ACH DEBIT TRANSACTIONS TO US AFTER WE CHANGE THESE TERMS AND CONDITIONS
CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.