Terms and conditions
I. Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PAYSURGE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE PAYSURGE SERVICES. You may not use the PaySurge Services or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with PaySurge; (b) you are prohibited by law from receiving or using the PaySurge Services; or (c) you are not a U.S. resident.
PaySurge may modify this Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the PaySurge website. The Terms of Service will always indicate the date it was last revised. When you use the PaySurge Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
II. Privacy and your Personal Information
For information about PaySurge’s data protection practices, please read PaySurge’s Privacy Policy (https://www.paysurge.com/privacy-policy), which is hereby incorporated into this Terms of Service. This policy explains how PaySurge treats your Information (as defined in Section 3) when you use the PaySurge Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
The Privacy Policy is hereby incorporated into this Terms of Service, and your acceptance of the Terms of Service also constitutes an acceptance of the Privacy Policy
III. Disclosure and Consent to Electronic Communications
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by PaySurge to you by electronic means (e.g., email, through the PaySurge Service or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the PaySurge Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting us through the aforementioned methods and stop using the PaySurge Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
IV. Your Information
You agree to provide accurate profile information, including, as applicable, your name, physical address, email address, work history and related information, and any additional information required for the provision of the PaySurge Services (your “Information”). You further agree to promptly update all your Information whenever the Information provided to us is no longer accurate. You can update your Information by clicking on the settings link after you log in. If you need help in changing your information, please contact us in the app or on the web. If you do not do this, the accuracy and effectiveness of the PaySurge Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Information and other information necessary to facilitate your use of the PaySurge Services. We are not responsible for any payment processing errors or fees or other PaySurge Services related issues arising from your failure to keep your Information current.
You are responsible for maintaining the security of your account, passwords, and for all uses of your account with or without your knowledge or consent (excepting any use by PaySurge). If you believe that your Information or a device that you use to access any site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us immediately.
V. Fee Disclosure
Processing Fee
Unless in a Fee-Free Transaction (defined below), you will be charged a flat fee (the “Processing Fee”) in the amount shown at the time you request your Advance from PaySurge. The Processing Fee will be payable at the time of payment of your Advance. A “Fee-Free Transaction” will be one in which (i) you have requested the Advance to your PaySurge Pre-paid Card, and have set up your direct deposit in accordance with the applicable terms; (ii) you are receiving a fee-free advance for a promotion or referral; or (iii) your employer has elected to pay for certain usage of the Services.
The Processing Fee is the charge for participating in PaySurge’s EWA Service, and it represents PaySurge’s costs associated with processing your request. PaySurge represents and warrants that you will not be required to pay any other charges or fees in connection with the EWA Service.
The Processing Fee is not dependent on the amount that you request from PaySurge. You incur the Processing Fee for each request of Advance that you make. We want you to get the most from our service, and so we recommend that you keep this is in mind. Two Advances of $100, for example, will cost twice as much as one advance of $200.
We don’t enjoy charging you fees, and we want to minimize the amount you pay to get your Accrued Amount early. Please use our service in the way that’s best for you today and tomorrow.
Additional Fees
There are no additional fees for using the PaySurge Services.
VI. PaySurge Services
Your right to access and use PaySurge Services is personal to you and is not transferable by you to any other person or entity. You may only access and use the PaySurge Services for lawful purposes. PaySurge has partnered with your Payroll Provider, employer, or both to provide you access to the PaySurge Services.
You have no obligation to use the PaySurge Services. You have the right to wait until your regular payment due date without using the PaySurge Services. If you do choose to wait, you have the right to receive the full amount of your wages, without discount.
Upon distribution of your Advance, you, or PaySurge on your behalf, will notify your Payroll Provider that you have received the Advance. Such notice will represent your acknowledgment that you have received a portion of your Accrued Amount, and your authorization and direction for the Payroll Provider to distribute to PaySurge an amount (the “Repayment”) equal to the Advance and the Processing Fee equal from your next Distribution. You may revoke your authorization for any such subsequent deductions at any time without a penalty or a fee. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT ASSIGNED, TRANSFERRED OR CONVEYED YOUR WAGES FROM EMPLOYER OR ANY PART THEREOF. PAYSURGE HAS NO RIGHT TO ASSERT A CLAIM AGAINST YOU OR EMPLOYER WITH RESPECT TO YOUR WAGES AND HAS NO RIGHT, TITLE OR INTEREST IN, TO OR UNDER YOUR WAGES. However, if PaySurge is unable to settle an Advance transaction, your access to the PaySurge Services may be limited or suspended until such time as you voluntarily pay the outstanding Repayment amount.
When you elect to take an Advance, you will choose where to send the amount. This selection is made by you entering your applicable account information. PaySurge has no ability to change or input your bank account or card information, and you are solely responsible for inputting the correct information. PaySurge will only send the Advances to the bank account or card that you have entered into our system, so please ensure that it the information you enter is correct. PaySurge is not responsible for any information incorrectly entered by you.
By using the PaySurge Services, you represent and warrant that the portion of the Accrued Amount that you are requesting to access is just and due, that this amount is not subject to reduction in whole or in part by reason of a valid lien or garnishment, and that by requesting an Advance, you have a reasonable expectation of receiving your Accrued Amount in your next scheduled Distribution. You acknowledge and agree that the Advance represents a portion of your Accrued Amount and, at the time your Employer makes a payment associated with such wages, the Repayment to PaySurge plus your receipt of any remainder will constitute full and complete receipt of your wages.
In the event that you have received an Advance, it may constitute fraud for you to notify your Payroll Processor or Employer that you have not received a portion of your Accrued Amount through your use of the PaySurge Services.
PaySurge uses a number of variables to determine your earned wages, which may include but is not limited to, earnings history, time and attendance data, and employer confirmation. In rare instances, the determination of your earned wages may be incorrectly calculated. As a result, our system may distribute an Advance that is in excess of your Accrued Amount. In such an event, you authorize such amounts to be deducted from your next following Distribution. You may withdraw this authorization at any time. For clarity, you will never incur additional fees as a result of doing so, and will not be charged any additional amounts. In the event that this would create any financial issue for you, please reach out to PaySurge at www.PaySurge.com where our support staff will work with you on this issue.
Your access and use of PaySurge Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the PaySurge Service, or other actions that PaySurge, in its sole discretion, may elect to take. In no event will PaySurge be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
VII. PaySurge Services Future Modification
PaySurge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PaySurge Services with or without notice. We reserve the right to change the PaySurge Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the PaySurge Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the PaySurge Services, you may stop using the PaySurge Services. Your use of the PaySurge Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that PaySurge shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the PaySurge Services.
VIII. Rights You Grant to PaySurge
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to PaySurge through the PaySurge Service, you are licensing that content to PaySurge solely for the purpose of providing the PaySurge Service. PaySurge may use and store the content for the purpose of providing the PaySurge Service to you. By submitting this content to PaySurge, you represent that you are entitled to submit it to PaySurge for use for this purpose, without any obligation by PaySurge to pay any fees or other limitations.
By using the PaySurge Service, you expressly authorize PaySurge to access your Information, including any maintained by identified third parties, on your behalf as your agent. PaySurge will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit PaySurge to use and store information submitted by you to the PaySurge Service (such as account passwords and usernames) to accomplish the foregoing and to configure the PaySurge Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Information to you as part of the PaySurge Service, you grant PaySurge a limited power of attorney, and appoint PaySurge as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN PAYSURGE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, PAYSURGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the PaySurge Service is not sponsored or endorsed by any third parties accessible through the PaySurge Service.
IX. No Unlawful Use or No Prohibited Use
As a condition of your use of the PaySurge Services, you represent and warrant to PaySurge that you will not use the PaySurge Services for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
If PaySurge, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect PaySurge, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
PaySurge, in its sole discretion, reserves the right to terminate these Terms of Service or access to the PaySurge Services for any reason and at any time with or without notice to you.
PaySurge represents and warrants that the Advances are issued on a nonrecourse basis, and as such, PaySurge:
X. PaySurge Intellectual Property Rights
All content included or available in connection with the PaySurge Services, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by PaySurge or the licensors or suppliers of PaySurge and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the PaySurge Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of PaySurge or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to PaySurge will be treated as being non-confidential and non-proprietary, and PaySurge will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
XI. Disclaimer of Representation and Warranties
THE PAYSURGE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYSURGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PAYSURGE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAYSURGE SERVICES IS AT YOUR SOLE RISK.
PAYSURGE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE PAYSURGE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PAYSURGE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
PAYSURGE AND THE PAYSURGE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. PAYSURGE IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
PaySurge does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Information. Any information made available through the PaySurge Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the PaySurge Services may be delayed or prevented by a variety of factors. PaySurge makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. PaySurge shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
XII. Limitation of Liability
PAYSURGE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE PAYSURGE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE PAYSURGE SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE PAYSURGE SERVICES, EVEN IF PAYSURGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, PAYSURGE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
XIII. Indemnification of PaySurge
You shall defend, indemnify and hold harmless PaySurge and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.
XIV. Governing Law & Mediation for Disputes
These Terms of Service, and your relationship with PaySurge under these Terms of Service, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions. Any dispute with PaySurge, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the small-claims court of the Justice of the Peace Court of Delaware except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case PaySurge may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, PaySurge is able to offer the PaySurge Services at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.
You also acknowledge and understand that, with respect to any dispute with PaySurge, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the PaySurge Services or these Terms of Service:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
XV. Additional Terms and Conditions
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
You agree that if PaySurge does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which PaySurge has the benefit of under any applicable law), this will not be taken to be a formal waiver of PaySurge’s rights and that those rights or remedies will still be available to PaySurge.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and PaySurge regarding the subject matter of the same, and supersedes all other previous agreements.