Dated: November 6. 2012. 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 ProPay website.
1. Liability for Unauthorized Transactions.
You can inspect your transaction history at any time by logging in to your ProPay Account on the ProPay 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. ProPay will reimburse you for loss from an unauthorized ACH transaction that is originated through ProPay 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. ProPay 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 ProPay 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 ProPay within 60 days after receiving notice, you may not recover any funds that you lost after the 60 days, if ProPay can prove that the loss could have been stopped or avoided if you had notified ProPay within that time. ProPay may extend the 60-day time period for notification in its sole discretion.
2. Notifying ProPay of Errors and Unauthorized Transactions.
Promptly and consistently examine the transaction history related to your ProPay Account using the process described above. Immediately notify ProPay 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 ProPay Account, send an email notice as soon as possible to firstname.lastname@example.org. Please follow the instructions and advice found at www.propay.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 ProPay Prepaid MasterCard Card number, or your ProPay Prepaid MasterCard Card verification number. The email notice must be received by ProPay 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 ProPay Account. You may not make a claim against ProPay for any loss or expense relating to any asserted error or unauthorized transaction for 60 days immediately following ProPay's receipt of your email notice referenced above. During that 60 day period, ProPay will be entitled to investigate the asserted error or unauthorized transaction. If you do not notify ProPay of the unauthorized transaction or error within the given timeframe you may lose liability protection, as described in paragraph 1 above.
ProPay 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, ProPay 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 ProPay 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.
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3. Our Liability for Errors.
In the event ProPay 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 ProPay's favor, ProPay will rectify the error. If the error results in your receiving less money than to which you were entitled, ProPay will credit your ProPay 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 ProPay reserves the right to correct the transactions that were incorrectly executed, including but not limited to debiting your ProPay 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.
ProPay's business days are Monday through Friday. Saturday, Sunday, and federal and Utah 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 ProPay Account. You can cancel the preauthorized transfer at any time prior to the day the payment is scheduled by logging in to your ProPay 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 ProPay 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 ProPay 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.