This user agreement is a contract between you and Smart Easy Pay, Inc. dba Easy Smart Pay (“Easy Smart Pay”) that governs your use of your Easy Smart Pay account and Easy Smart Pay services. It applies to U.S. Easy Smart Pay accounts only. For an individual to open a U.S. Easy Smart Pay account and use the Easy Smart Pay services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence - by using your Easy Smart Pay account, you are confirming that you satisfy all of the conditions set forth in this sentence. For a business to open a U.S. Easy Smart Pay account and use the Easy Smart Pay services, the business must be organized in, operating in, or resident of, the United States or one of its territories.

 

Opening your Easy Smart Pay account constitutes your express agreement to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. You also agree to comply with the privacy Policy Disclosure provided to you concurrently with this user agreement.

 

It is important to read this agreement and all of the terms of the Privacy Policy Disclosure. We may amend this user agreement or Easy Smart Pay’s Privacy Policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. By continuing your use of your Easy Smart Pay account, you expressly consent and agree to all unilateral amendments to this user agreement made by Easy Smart Pay. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with prior notice for the purposes of obtaining your express consent, which consent may be provided through continued use of your Easy Smart Pay account.

Opening an Account

By opening this account you acknowledge the purpose of the account is to contract with Easy Smart Pay to assign the responsibility of payment of certain taxes and other payments owed to a third party, most commonly a government agency. Your Easy Smart Pay Account is not a bank, escrow or other financial account and all funds transmitted through your account are funds of Easy Smart Pay as such funds are the consideration required for the payment performance assigned to Easy Smart Pay hereunder. Your complete and timely deposit of funds into your Easy Smart Pay account for payment of all taxes or other debtsat least seven (7) days prior to the date such taxes or other debts become dueto a third party or government agency, as well as timely performance of all of your other obligations hereunder, is required before Easy Smart Pay’s obligation to perform any of its obligations under this Agreement, including without limitation Easy Smart Pay’s obligation to make any payments for taxes or other debts on your behalf. We offer two types of accounts: personal accounts and business accounts. All Easy Smart Pay accounts allow you to make payments using your debit card, credit card, and/or other bank accounts, or payment accounts that may be available within Easy Smart Pay services.

 

At the time you open your Easy Smart Pay Account, you will use Easy Smart Pay’s electronic system and forms, including, but not limited to, Easy Smart Pay’s real property search program, to obtain an accounting of certain tax bill(s) and/or other payments owed to a third party or government agency for which you will assign the responsibility of payment to Easy Smart Pay. You acknowledge that the information you provide while using Easy Smart Pay’s electronic system and forms is complete and accurate. By submitting your accounting using Easy Smart Pay’s electronic system and forms at the time of enrollment, you are affirming the accuracy of all amounts determined for your tax bill(s) and/or other payments owed to a government agency as well as the estimated monthly payments which Easy Smart Pay will automatically charge from your linked bank account, credit card, or debit card. However, you acknowledge that government agencies may adjust your bill(s) to change the amount owed at any time after opening an account with Easy Smart Pay, you consent to any such adjustments made by a government agency, and you agree to pay the adjusted amount in the event a government agency adjusts your bill. In the event of such adjustment, you agree that Easy Smart Pay may update your Easy Smart Pay Account to reflect the new balance owed. Likewise, you agree to Easy Smart Pay’s adjustment or modification of any previously identified payment amount(s) and/or schedule to reflect such government agency adjustments and to ensure that you maintain sufficient funds to timely complete performance and payment of the entire amount of property tax owed in the contracted year. As set forth above, Easy Smart Pay shall have no obligation under this Agreement to make any payment to a third party or government agency unless you have previously deposited sufficient funds in your Easy Smart Pay account for such payment. Your agreement to Easy Smart Pay’s adjustment or modification of your payment amount(s) shall not prevent you from appealing or otherwise contesting any third party or government agency’s adjustment of your bill.

 

You are responsible for maintaining adequate security and control of any and all user IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access or that are otherwise associated with your Easy Smart Pay account and the Easy Smart Pay services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your Easy Smart Pay account profile.

 

Link Payment Method

You will be required to link a debit card, credit card, a U.S. bank account or Easy Smart Pay Credit to your Easy Smart Pay account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may, but are not obligated to, update it as directed by your bank or card issuer without any action on your part. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.

Holding an Easy Smart Pay Balance

Money that Easy Smart Pay receives from all Easy Smart Pay account holders is held in a separate Easy Smart Pay account. Any Easy Smart Pay balance you hold represents an unsecured claim against this Easy Smart Pay account and is not insured by the Federal Deposit Insurance Corporation (FDIC). Easy Smart Pay combines your Easy Smart Pay balance with the Easy Smart Pay balances of other Easy Smart Pay customers and invests those funds in liquid investments in accordance with state laws. Easy Smart Pay owns the interest or other earnings on these investments. These pooled amounts are held separate from Easy Smart Pay’s general operating funds, and Easy Smart Pay will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.

Adding Money to your Account

You may transfer money to your Easy Smart Pay balance from any bank, credit card or debit card account linked to your Easy Smart Pay account by requesting an electronic transfer from your bank account or credit card. You do not need an Easy Smart Pay balance to send money or execute a payment transaction using your Easy Smart Pay account. You may use the payment methods linked to your Easy Smart Pay account to fund transactions you make using your Easy Smart Pay account.

 

If you have an Easy Smart Pay balance, and have fulfilled all pending transaction payment requests, you may withdraw it by:

• Transferring it to a bank account linked to your Easy Smart Pay account,
• Transferring it to an eligible credit card or debit card linked to your Easy Smart Pay account, or
• Requesting a check from us.

Account Statements

You have the right to receive an electronic account statement showing your Easy Smart Pay account activity. You may view your Easy Smart Pay account statement by logging into your Easy Smart Pay account.

 

In the event you request that we send you written records related to your Easy Smart Pay account, we may charge you a fee of $10.00 per item requested. We will not charge you for records requested in connection with your good-faith assertion of an error in your Easy Smart Pay account, as determined by authorized representatives of Easy Smart Pay.

 

Refunds and Duty to Maintain Sufficient Funds

Easy Smart Pay servicing fees, transaction costs, and any interest earned on payments to Easy Smart Pay are non-refundable. In the event that you request a refund of any payment or portion of a payment made using your Easy Smart Pay account and/or your method of payment is rejected or a payment is cancelled for any installment, Easy Smart Pay will transfer only such amount in your Easy Smart Pay account which has not been previously paid to a government agency pursuant to Easy Smart Pay’s obligations, whether as an installment or complete payment of any/all tax bill(s) or other debt. Easy Smart Pay will send any requested refund to your address or credit account on file with Easy Smart Pay, at Easy Smart Pay’s discretion, and all servicing fees and transaction fees shall apply.

 

Maintaining a sufficient balance in your Easy Smart Pay account to pay for each installment of any and all tax bill(s) and/or other payments owed to government agencies when due, and for which Easy Smart Pay has been given responsibility for payment, is an express condition of Easy Smart Pay’s obligations to make such payments. Easy Smart Pay must receive all payments for taxes or other debtsat least seven (7) days before the date such tax bill(s) and/or other debts are dueto the third party or government agency. Although Easy Smart Pay may provide notifications to you that your Easy Smart Pay account has an insufficient balance, Easy Smart Pay is under no obligation to provide such notifications nor may it be held liable for any loss or damage you may incur based on any inaccuracy within such notifications.

 

If any refund, cancelled payment, and/or rejected payment reduces your Easy Smart Pay account balance to less than the total estimated and/or actual amount of all tax bill(s) or other payment(s) to government agencies for which Easy Smart Pay previously agreed to make a payment on your behalf, then Easy Smart Pay shall not have any obligation to make any of those payment(s) on your behalf and shall no bear no responsibility or liability for making those payments. As such, at the time of any refund(s), cancellation, and/or rejection of payment meeting the qualifications of this paragraph, you will remain solely responsible and liable for payment of any and all tax bill(s) and/or other payments you owe to government agencies.

 

If any payment to a governmental agency from your Easy Smart Pay account is refunded by such agency, the amount of the refund shall be credited to your Easy Smart Pay account and shall be subject to the terms and conditions herein.

 

Any refund made under this section shall exclude the amount of servicing fees and transaction costs charged by Easy Smart Pay, as well as any interest earned on your original payment(s) while such funds were held by Easy Smart Pay.

 

Any refund made under this section shall be mailed directly to the address provided by the tax collector or other government agency providing the refund. In the event no address is provided with the refund, it will be mailed directly to the address of the customer’s real property to which the refund applies.

 

Automated Clearing House Payments

Easy Smart Pay provides the option for users to make Automated Clearing House Payments (“ACH”). ACH payments are electronic payments that are created when the user gives an originating institution, such as Easy Smart Pay, authorization to debit directly from the user’s checking or saving account for the purpose of bill payment.

 

When using ACH, by clicking [“Checkout”], you will be authorizing Braintree, a service of PayPal, on behalf of yourself or your business (i) to verify your or your businesses bank account information using bank information and consumer reports and (ii) to debit your or your business’s bank account.

 

Liability Cap

UNDER NO CIRCUMSTANCES WILL EASY SMART PAY’S OBLIGATION OR LIABILITY UNDER THIS USER AGREEMENT EXCEED THE THEN-CURRENT AMOUNT OF YOUR EASY SMART PAY ACCOUNT BALANCE. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL EASY SMART PAY BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

 

Personal Information

Your personal information shall be handled according to the terms of Easy Smart Pay’s Privacy Policy and Easy Smart Pay recommends you review the terms of its Privacy Policy carefully. By opening an Easy Smart Pay account, you agree to all terms and conditions of Easy Smart Pay’s Privacy Policy, which terms include, but are not limited to, providing Easy Smart Pay with the right to collect your personal information through its website,www.easysmartpay.net, and sell, rent or share your personal information.

 

Electronic Communication Delivery Consent

By opening your Easy Smart Pay account, you are giving your consent to receive any communications from Easy Smart Pay only through email or other electronic means, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any communications for your records. You may print or save a copy of any such communications from Easy Smart Pay for your records as they may not be accessible online at a later date.

 

Acceptable Use

Easy Smart Pay maintains a website and online services which can be found at the url address:www.easysmartpay.net(the “Website”). The terms of this section govern your access and use of the Website. You must first read and accept these terms before opening an Easy Smart Pay account and using Easy Smart Pay’s online services. By clicking accept, below, you agree to adhere to and be bound by the terms hereof in all respects.

 

The Website and online services may only be used for lawful purposes and under the terms of this User Agreement. Additionally, you are prohibited from using the Website or online services as follows:

 

• In any manner that violates any federal, state, international, or local law or regulation;
• In any manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;
• To threaten, bypass, or destroy any security mechanism used with or incorporated in the Website or the online services;
• To disparage, denigrate, insult, or otherwise make pejorative statements about Easy Smart Pay and/or any of its affiliates, directors, officers, employees, partners, brand, products, or services;
• To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable;
• To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;
• To harm, or attempt to harm, minors in any way;
• To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Website or online services functionality;
• To impersonate Easy Smart Pay (including any officer or employee of Easy Smart Pay), any user of our Website and/or the online services, or any other person or entity;
• To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties;
• To use the Website and/or online services in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
• To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
• To use the Website or the online services to collect information about other users, including phone numbers or email addresses, without any such individual's prior explicit consent or otherwise under false pretenses of any kind;
• In any manner that violates any other applicable policy maintained by Easy Smart Pay, including without limitation Easy Smart Pay’s Privacy Policy;
• To use the Website or online services to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California's Invasion of Privacy Act);
• In any manner that can reasonably be considered contrary to Easy Smart Pay's goodwill, public image, and overall reputation;
• To express or imply that any user's statements, activities, or causes are endorsed by Easy Smart Pay;
• To collect, or attempt to collect, personal information about users or other third-parties without their prior knowledge and affirmative consent;
• To divulge any of Easy Smart Pay’s (or any affiliate’s) proprietary information;
• In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking); or
• To knowingly receive, use, re-use, upload or download any material which:
• Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
• Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
• Is likely to deceive any person acting reasonably under the circumstances;
• Impersonates any person; or
• Involves commercial activities or sales.

 

The foregoing prohibitions have been established by Easy Smart Pay to comply with applicable law, ensure reliable and enjoyable service for all users, ensure security and privacy of our (and any third party’s) network and systems, maintain Easy Smart Pay’s reputation as law-abiding, honorable, and customer-friendly, and preserve the privacy and security of each user’s personal information at all times.

 

Easy Smart Pay maintains the right to monitor all third-party use of the Website and online services to confirm compliance with the terms of this User Agreement by any means it deems appropriate at any time in its sole discretion and delete any material or reverse any transaction it deems illegal, inappropriate, or violative of any Easy Smart Pay policy or applicable third-party policy. If Easy Smart Pay discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior. YOU HEREBY WAIVE AND HOLD HARMLESS EASY SMART PAY, ALONG WITH EASY SMART PAY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER EASY SMART PAY OR LAW ENFORCEMENT AUTHORITIES.

 

Periodic Payment Authorization

You authorize Easy Smart Pay to make regularly scheduled charges to your linked bank account, credit card, or debit card, as applicable to your account. You will be charged the amount set forth in the estimated monthly tax payments provided in the accounting generated by Easy Smart Pay which may be modified by any adjustments, as set forth in the section labeled “Opening an Account”, above. Each payment will appear on your Easy Smart Pay account statement accessible through the Website as well as on the statement for your method of payment. You agree that no prior notification will be provided for any payment and that any changes to the payment amount or date shall be solely reflected on your Easy Smart Pay account statement accessed through the Website.

 

You agree to adhere to and be bound by the terms hereof in all respects, and you understand that this authorization will remain in effect until you cancel it in writing. You further agree to notify Easy Smart Pay in writing of any changes in your bank account, credit card, or debit card information or termination of this authorization at least 15 days prior to the next billing date. If the billing date falls on a weekend or holiday, you further understand that the payments may be executed on the next business day. You also acknowledge that the origination of credit card transactions to your account must comply with the provisions of U.S. law, and you certify that you are the authorized user of each bank account, credit card, or debit card which you link to your Easy Smart Pay account. You certify that you will not dispute the scheduled transactions; so long as the transactions correspond to the terms indicated in this authorization, your Easy Smart Pay account application, and this user agreement.

 

Closing Your Easy Smart Pay Account

When you close your Easy Smart Pay account, we will cancel any scheduled or incomplete transactions including, but not limited to, payment for any outstanding taxes or other payments due and owing to a government agency. You will remain liable for all obligations related to your Easy Smart Pay account even after the Easy Smart Pay account is closed, and Easy Smart Pay shall bear no responsibility or liability for any such obligations. In certain cases, you may not close your Easy Smart Pay account, including:

• To evade an investigation.
• If you have an open Easy Smart Pay Credit account linked to your Easy Smart Pay account; however, your Easy Smart Pay account can be restricted at your request so it is only open to enable you to service your Easy Smart Pay Credit account.
• If you have a pending Easy Smart Pay transaction, we will not close your Easy Smart Pay account until that transaction has been completed, but we may limit your ability to make additional transactions using your Easy Smart Pay account.
• If you have an open dispute or claim with Easy Smart Pay or any government agency related to your Easy Smart Pay account.
• If your Easy Smart Pay account has a negative balance.
• If your Easy Smart Pay account is subject to a hold, limitation or reserve.

Easy Smart Pay’s servicing fees and transaction costs are non-refundable. At the time of closing your Easy Smart Pay account, any remaining balance within such account shall be reduced by the amount of all servicing fees and transaction costs earned by Easy Smart Pay, and any balance remaining shall be refunded to you.

 

Binding Arbitration

Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Sacramento County in California. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding upon the parties hereto. Easy Smart Pay shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if Easy Smart Pay is the prevailing party, it shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This paragraph provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to this user agreement. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

 

Governing Law

This user agreement shall be governed by the laws of the State of California without regard to its conflict of laws principles and all matters affecting its validity and construction shall be determined according to the laws of that State. Further, the place of performance and transaction of business shall be in Sacramento County, State of California, and in the event of litigation or arbitration, the exclusive venue and place of jurisdiction shall be Sacramento County, State of California.

 

No Waivers

Easy Smart Pay’s failure to enforce any of its rights hereunder will not constitute a waiver of its right to make such enforcement in the future, subject to applicable law.

 

Notices

Easy Smart Pay may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on its website. You shall be responsible for ensuring that you have provided Easy Smart Pay with your current email and mailing address(es).

 

Entire Agreement

This user agreement, along with the incorporated documents set forth above, any instructions that Easy Smart Pay provides you with relating to your Easy Smart Pay account or any Easy Smart Pay services, and any amendment to the terms and conditions of this user agreement or any other incorporated documents as permitted and provided for herein shall, collectively, be deemed a final and integrated agreement between you and Easy Smart Pay with respect to the subject matter hereof.