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Electronic Signature Acknowledgement Policy

1. Terminology

In this E-Sign Consent, the following definitions apply: “I”, “me”, and “my” mean the person who is applying to establish an EpicPay Account. “You” means EpicPay and any person, company, bank or financial institution that is an assignee of EpicPay’s rights.

2. Merchant Consent

I understand that the electronic application process in which I am currently engaged uses an electronic signature process that allows me to sign and agree to legally binding agreements online by using my mouse to click to enter and agree. I acknowledge that I intend to use this electronic application process to provide my signatures electronically. I understand that these signatures are legally binding, and are governed by the Federal E-Sign Act of 1997, and/or the UETA governances.

I represent and warrant that I am authorized by the entity on behalf of which I am signing and agreeing to these agreements to do so. I also agree that the electronic signatures that I provide online will be binding upon me and the entity on behalf of which I am signing, and will not be construed by a court of law to have any less effect than a standard ink or paper signature.

I represent that the information I have provided on the Application and Merchant Processing Agreement is complete and accurate, and I authorize EpicPay to verify the information on this Application and Merchant Processing Agreement and to receive and exchange information about me, including requesting reports from consumer reporting agencies.

I acknowledge that:  a.) this complete and legible Application and Merchant Processing Agreement has been provided to me, b.) I was technically capable of opening, reading, printing, downloading and/or saving all section of the Application and Merchant Processing Agreement, c.) I had a reasonable opportunity to open each section of the Application and Merchant Processing Agreement, read it, and sign and agree to it by selecting “I Agree” and using my mouse to click to enter and agree to be bound by its provisions. I further understand that no strikeouts, interlineations, additions or modifications to this preprinted Application and Merchant Processing Agreement may be made and that this Application and Merchant Processing Agreement may be transmitted to or from EpicPay, First Data Merchant Services Corporation (FDMS), Wells Fargo Bank, N.A., or their agents and/or retained electronically by EpicPay, FDMS, Wells Fargo Bank, N.A., or their agents, which will constitute an original. I understand that this Application and Merchant Processing Agreement is subject to approval by EpicPay, FDMS, and Wells Fargo Bank, N.A.

By clicking the “I agree”, I am agreeing to have the Terms and Conditions presented electronically, which I hereby adopt as my electronic signature, I affirmatively consent and agree that:

  • You can provide all disclosures required by law and other information about my legal rights and duties to me electronically.
  • My electronic signature on agreements and documents has the same effect as if I signed them in ink.

3. Disclosures Agreement

EpicPay has my permission to send all communications, merchant statements and disclosures, including, but not limited to, this EpicPay E-Sign Consent, the EpicPay Privacy Policy, the EpicPay Merchant Agreement, the EpicPay Commercial Entity Agreement, if applicable, and all federal and state tax statements and documents (collectively defined as “Disclosures”) to me electronically (1) via email, (2) by access to a web site that you designate in an e-mail notice you send to me at the time the information is available, or (3) to the extent permissible by law, by access to a web site that you generally designate in advance for such purpose.

4. Technical Requirements

I understand that in order to access and retain the electronic Disclosures I will need the following:

  • A computer with an Internet connection.
  • A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
  • A valid email address.
  • Sufficient storage space to save past Disclosures and/or an installed printer to print them.
  • If a spam filter is used to block or re-route emails from senders not listed in my email address book, I must add EpicPay’s email address to my email address book.

5. Legal Effect

By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered.

6. Requesting Paper Documents and Withdrawing Consent

I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form. I can request paper copies and/or withdraw consent by contacting you at:

EpicPay
Client Support
9300 Wade Blvd. Ste. 220
Frisco, TX  75035
Tel :866-377-3287

Any withdrawal of my consent to receive electronic Disclosures will be effective within 30 days of my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may, though you are not obligated to, cancel my EpicPay Account.

7. Updating Email Address

I can change my email address by signing into my EpicPay Portal at any time. I can also do this by contacting you at:

EpicPay
Client Support
9300 Wade Blvd. Ste. 220
Frisco, TX  75035
Tel : 866-377-3287

8. Cancellation of Disclosures

I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time. I understand and agree that you are responsible for sending notice of the Disclosures to me electronically including at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices.