Error Resolution Policy
Dated: January 7, 2020. Any subsequent changes to this Error Resolution Policy will be dated and can be found and read in the corresponding Error Resolution Policy on the SecureGlobalPay website.
1. Liability for Unauthorized Transactions. You can inspect your transaction history at any time by logging in to your SecureGlobalPay Account on the SecureGlobalPay website and clicking on any one of the available reporting functions under the "view reports" menu. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money using your account without your permission. Under applicable regulations, the extent of your liability for an unauthorized transaction may be determined by your promptness in notifying us if someone has gained access to your password, or if a payment or withdrawal shown in your History is incorrect or unauthorized. Notifying us quickly may limit your liability:
a. SecureGlobalPay will reimburse you for loss from an unauthorized ACH transaction that is originated through SecureGlobalPay that occurs within 60 days after the transaction you claim is unauthorized is posted to your account history reports, or within 60 days after you otherwise become aware of unauthorized access to your account. SecureGlobalPay shall not be liable to you for: (a) any indirect, special or consequential damages (under contract or tort theories of law), including damages for lost revenue, lost profit or other economic damage, as a result of the breach of this Agreement, even SecureGlobalPay has been advised or has foreseen the possibility of such damages or (b) any losses caused by your acts or omissions.
b. If you do not notify SecureGlobalPay within 60 days after receiving notice, you may not recover any funds that you lost after the 60 days, if SecureGlobalPay can prove that the loss could have been stopped or avoided if you had notified SecureGlobalPay within that time. SecureGlobalPay may extend the 60-day time period for notification in its sole discretion.
2. Notifying SecureGlobalPay of Errors and Unauthorized Transactions. Promptly and consistently examine the transaction history related to your SecureGlobalPay Account using the process described above. Immediately notify SecureGlobalPay via e-mail of any possible errors that may appear on your transaction history. To notify us if you believe there has been an error or unauthorized transaction related to your SecureGlobalPay Account, send an email notice as soon as possible to riskescalation@SecureGlobalPay.com. Please follow the instructions and advice found at www.SecureGlobalPay.com/customerservice. The email notice must include: (1) your name and account number; (2) the dollar amount of the asserted error; (3) a description of the asserted error; and, (4) an explanation of why you believe an error exists and, if known, the cause of the error. The email notice must not include any full Social Security Number, credit card number, your SecureGlobalPay Prepaid MasterCard Card number, or your SecureGlobalPay Prepaid MasterCard Card verification number. The email notice must be received by SecureGlobalPay within 60 days after the transaction, which is the source of the possible error or unauthorized transaction, becomes available for viewing in the transaction history of your SecureGlobalPay Account. You may not make a claim against SecureGlobalPay for any loss or expense relating to any asserted error or unauthorized transaction for 60 days immediately following SecureGlobalPay's receipt of your email notice referenced above. During that 60 day period, SecureGlobalPay will be entitled to investigate the asserted error or unauthorized transaction. If you do not notify SecureGlobalPay of the unauthorized transaction or error within the given timeframe you may lose liability protection, as described in paragraph 1 above.
SecureGlobalPay will advise you of the results of our investigation within 20 business days after we hear from you (30 business days for transactions at a point of sale terminal or outside the United States) and if we have made an error, we will correct it promptly. However, SecureGlobalPay reserves the right, in its sole discretion, to take up to 45 days to investigate your complaint or question (90 days for transactions at a point of sale terminal or outside the United States). Should SecureGlobalPay elect to extend the time it takes to investigate your complaint or question, we will provisionally re-credit your Account within 10 days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation.
If we determine that there was no error, we will send you an explanation via email of the determination and we may debit any provisional credit, any fees, and/or interest provisionally credited in relation to the alleged error. You may ask for copies of the documents that we used in our investigation, subject to an applicable copy fee.
3. Our Liability for Errors. In the event SecureGlobalPay does not complete a transaction on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages proximately caused by this failure. However, there are some exceptions. For instance, we will not be liable if:
• Through no fault of ours, you do not have enough available funds to make the transaction.
• Any terminal or system was not working properly and you knew about the breakdown when you started the transaction.
• Circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
In the event that we discover a processing error, whether the favor is in your or SecureGlobalPay's favor, SecureGlobalPay will rectify the error. If the error results in your receiving less money than to which you were entitled, SecureGlobalPay will credit your SecureGlobalPay Account for the amount of money you should have received. If the error results in you receiving more money than to which you were entitled, then SecureGlobalPay reserves the right to correct the transactions that were incorrectly executed, including but not limited to debiting your SecureGlobalPay Account, regardless of the nature and cause of the error.
• In order to process and complete your transactions, including verifying the authenticity of the transaction;
• In order to comply with government agency or court orders, including proper requests from law enforcement agencies, or to conduct investigations of fraud or violations of our User Agreement; or
• If you give us your written permission via email.
5. What Constitutes a Business Day. SecureGlobalPay's business days are Monday through Friday. Saturday, Sunday, and federal and California State holidays are not considered business days.
6. Stop Payments. You have the right to cancel or stop any preauthorized transfer, such as a subscription fee, from your SecureGlobalPay Account. You can cancel the preauthorized transfer at any time prior to the day the payment is scheduled by logging in to your SecureGlobalPay Account and clicking the History sub-tab of the My Account tab. Find the subscription in question, click the Details link, and then click Cancel Subscription to cancel the preauthorized transfer.
7. Retrieval Requests. Upon written email request, copies of documentary evidence of transactions on your SecureGlobalPay Account are available for income tax and other purposes at a cost of $10.00 USD per item. As long as the computer you use to access your SecureGlobalPay Account is connected to a functioning printer, you can always print out your transaction history, or the details of a specific transaction, without any additional charge.