Copyrights & Trademarks. The contents of this site are the property of PaySAFE Escrow, Inc. unless otherwise indicated, and protected by copyright and trademark laws. PaySAFE Escrow, Inc. reserves all rights and the content of the website may not be reproduced, downloaded, disseminated, published, or transferred in any part whatsoever. The trademarks, logos and service marks displayed on the web site are the property of PaySAFE Escrow, Inc. and other parties.
Services Provided. You agree that PaySAFE Escrow, Inc. is not a financial institution. You agree that all business activity conducted by PaySAFEescrow.com is transacted within the Winnebago Indian Reservation, which lies in the northern half of Thurston County in northeastern Nebraska. You agree that PaySAFEescrow.com is not a money transmission service to be used to directly transfer funds between two parties. You agree the funds move between PaySAFEescrow.com Users as payment for bona fide goods and services provided by sellers and buyers. You agree that PaySAFEescrow.com is your agent for negotiations, funds allocation and remittance release for the Transaction in which you participate using the PaySAFEescrow.com website.
1. General Conditions of Use. You represent and warrant that all information you provide to us will be true, accurate and complete. A party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and that the User is a natural person of at least nineteen (19) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site and agree to all terms in this Agreement, on the Site, and in the Escrow Instructions.
2. Description of the Service. The Services are Internet-based transaction management services performed by us, in which we act as an escrow agent to facilitate the completion of Transactions under the terms of this Agreement, the Site rules, and the Escrow Instructions.
3. Availability of Services. Our Services are available only in the United States and other countries where permitted by law. The Services may not be available in all geographic areas. The Services and availability of the Services are subject to change without notice.
4. Limits on the Services. The Services are only available for lawful Transactions and Transactions not otherwise prohibited by Section 5 below. Funds utilized for Transactions are limited to U.S. currency. We do not handle currency conversions. Other limitations on the Services may apply and can be found on the Site or in the Escrow Instructions. Only registered Users may use the Services. In order to register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.
5. Prohibited Transactions. Users shall not utilize the Site or the Services in connection with any Transaction that is illegal, involves any illegal items, or is for any illegal purpose; In addition, PaySAFE Escrow Inc., in its sole discretion, may refuse to complete any Transaction that we have reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. Each User agrees to indemnify and hold PaySAFE Escrow, Inc. harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
6. Payment of Funds. We will follow accepted business procedures to facilitate Transactions. We are NOT responsible for any delays in delivery or payments for Transactions due to postal time, banking service time, errors in transmission, or errors in information provided to us by Users. Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer, may be limited by your agreement with your financial institution and/or by applicable law, we are not liable to any User if we do not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. We may post operating rules related to payment on the Site and change such rules from time to time.
9. Obligations of Brokers. When completing a new Transaction, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes PaySAFE Escrow, Inc. and its authorized agents to initiate credit entries to such Broker's account for payment of the Broker’s commission, and to debit Brokers account to discharge Broker’s obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Transaction details including purchase price, a description of goods or services. Transfer of Escrowed funds is authorized only by Buyer and Seller (item 7 & 8).
11. Canceling a Transaction. If a Transaction cannot be completed for any reason, including cancellation by PaySAFE Escrow, Inc. for any reason, we will notify each User in such Transaction by e-mail, to the e-mail address each has provided to us. In our sole discretion, we may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Escrow Instructions by clicking the "Agree" button (checked box) as requested on the Site. The Transaction as provided in this Agreement is cancelled, on the Escrow Instructions page, by choosing not to click the “Agree” button (checked box). A Transaction may also be cancelled by receipt of email notification from both Users in a Transaction that they wish to cancel their Transaction.
12. Questions about the Services. You may inquire about payments made through the Service by calling the phone number which appears on the Site or by emailing us at support@PaySAFEescrow.com. You agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error, if you believe an error has been made or there has been any unauthorized use of your Account or the Services. When you contact us, please be prepared to provide your name and Transaction number.
13. Statements, Verification. You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or through the Site.
14. Digital Identification. You understand and agree that we create, issue and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mail. You agree that your Digital ID is a valid "Electronic Signature" as defined under the Uniform Electronic Transactions Act (1999) as adopted in Nebraska.
15. Fees. Unless otherwise agreed upon by each User in the Transaction, the Seller agrees to pay the escrow fees for the Services, as well as any other fees, including, without limitation, third party service fees (e.g. banking fees, credit card fees). Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed by or otherwise arising from using our Services.
16. Security. We use secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that the data you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. We have also implemented a security system requiring a user ID and a password to access your Transactions on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.
17. Disclaimers. You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. WE MAKE NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, OR ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. We expressly disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any seller of goods or services who utilizes our Site or Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein. You acknowledge and agree that we do not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service, any payment or clearing house system, or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
18. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAYSAFE ESCROW, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. Termination of Services. We may suspend or terminate your use of the Services at any time, without notice for any reason, in our sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, we will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but we are not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to collect any amounts you owe under this Agreement, or the Escrow Instructions.
20. Non-Transferability of the Services. You may not assign this Agreement or the Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of PaySAFE Escrow, Inc. We may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
21. Modifications. We reserve the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Escrow Instructions. You understand that the most recent version of this Agreement will be located on the Site.
22. Notices. Notices from us to you may be given by e-mail, regular mail or by general posting on the Site. You may contact us by emailing us at support@PaySAFEescrow.com. or by regular mail to PaySAFE Escrow, Inc., 1 Mission Drive, Winnebago, NE 68071.
23. Indemnification. You agree to indemnify and hold us, our affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction Escrow Instructions, including, without limitation, payment of our fees and any charge backs from a credit card organization or reversal or nonpayment of any credit or debit entry.
25. Anti-Money Laundering Policy.
Money laundering is the process by which criminally obtained money or other assets are exchanged for "clean" money with no obvious link to its criminal origin. By preventing money laundering, the movement of funds derived from criminal activities will be inhibited. This will in turn, restrict the availability of funds used for terrorist activities. We view Money Laundering as a serious criminal offence, and as such, comply with regulatory requirements intended to forestall and prevent money laundering. These include: (a) Confirming the identity of our users. (b) Retaining transaction and identification records for a minimum period of five years. (c) Training staff in terms of monitoring and reporting any and all suspicious activities to the relevant authorities. (d) Appointing a nominated officer responsible for maintaining current AML Compliance Program.
Please note that we reserve the right to refuse a transaction at any time should suspicion arise that it may be connected to money laundering or any other criminal activity. In addition, we will be obliged to report this suspicious activity and in line with regulations, is prohibited from disclosing this to the client.
By providing us with false identification or contact details, we will deem this a misuse of our service. We are legally bound to report such misdemeanours to the relevant authorities, and as such you may be the subject of a criminal investigation.
We will NOT do business with anyone suspected of, or directly involved in Money Laundering, or where funds have been sourced by any illegal activity. To assist the world wide fight against the funding of terrorism and money laundering activities, world wide laws require us to obtain, verify and record information that identifies each person who opens an account with us. This can be done in many ways, some of which may require you to provide documentation. Below are examples of documentation that may be required. Your customer service representative will guide you through this process.
Examples of Information required
When you open an account, you will be asked for information such as your, Name, Date of birth, Address, Identification numbers and source of funds. To verify this information, we use the latest available technology, but you maybe asked for identification documents such as, certified copies of documents showing nationality, residence, your address and a photograph of you. Typical verification documents are your passport/drivers licence plus a utility bill/bank statement.
When you open an account, a corporation, partnership, trust or other legal entity may need to provide other information, such as its principal place of business, local office, employer identification number. To verify this information, we use the latest available technology but you may be asked for certified articles of incorporation, government-issued business license, a partnership agreement or a trust agreement.
If you are required to provide certified copy documents, they must be of good quality, signed and dated with the words "True copy of the original" (or similar) and can be certified by the following people: accountant, lawyer, police officer or your bank manager. If you cannot get one of these people your customer relationship representative will work with you to find an appropriate substitute. The person certifying the ID document should be contactable so please write their contact details on the copy of the document. This information needs to be sent to us. We may conduct additional security checks on clients at our discretion. Your Customer Service Representative will contact you to assist you with this process.
What happens if I don’t provide the information requested or my identity can't be verified?
We may not be able to open an account or carry out transactions for you. If you already have an account, we may have to close it. Details of your specific requirements to open an account with us will be communicated to you by your customer services representative.
27. Severability If for any reason a provision set forth herein is held to be invalid or unenforceable, the remaining provisions will continue in full force.
28. Access and Notification. If for any reason you are unable to gain access to the PaySAFEescrow.com website, then you must notify us by mail to: PaySAFE Escrow, Inc., 1 Mission Drive, Winnebago, NE 68071, by phone at 877.638.1518.
30. Email and User Restrictions. Once you complete and submit your registration, you have opted in to receive email communication from us. Any images you upload may also be used for promotion of the Site, such as posts to social media or monthly newsletters. Any personal information related to those images will be redacted from such social media posts or newsletter features unless otherwise approved by the user. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of PaySAFE or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of PaySAFE; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.