Online Payment: Terms and Conditions
Revised as of December 14, 2020
AGREEMENT BETWEEN CUSTOMER AND BRODER BROS., CO., DBA ALPHABRODER, ALPHA SHIRT, NES CLOTHING (hereafter 'alphabroder') CONCERNING ELECTRONIC FUND TRANSFER SERVICES.
SCOPE OF AGREEMENT:
This Agreement covers your participation in the On-line Payments by Computer Program offered by alphabroder (the "Program"). In this Agreement, the words "you" and "your" refer to the Customer (that is, the person/company primarily responsible for repayment of the account). The words "we," "our" and "us" refer to alphabroder. The words "your account" refer to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words "your bank" mean the bank, securities firm or other financial institution that holds your account. For the purpose of this agreement only, unless we specify otherwise, the word "Customer Account" means your net terms account with the alphabroder.Participating in the Program will enable you to pay your alphabroder account invoices online.
The first time you initiate online payments through the Program, you will be required to confirm your acceptance of this Agreement. It is understood and agreed by you that this service is provided for your convenience, and that payment of your Customer Account continues to be your responsibility and obligation.
PAYMENT FOR CASH OR CHEQUES:
Each time you initiate an online payment transaction through the Program, you are requesting an electronic transfer from your bank account. Upon such request, alphabroder or its agent will draw a check or draft or initiate an automated clearing house (ACH) or depository transfer check (DTC) debit in your name on your account, payable to us or to our agent, in the amount of the transaction. You agree that such requests constitute your authorization for such transfers. It is your responsibility to ensure the correct bank account and routing number is entered for any transaction.CUSTOMER ACCOUNT IN GOOD STANDING:
Your participation in the Program depends upon the Customer Account remaining in good standing. Therefore, notwithstanding anything herein to the contrary, we reserve the right to refuse to process any requested Program transaction if your Customer Account is not in good standing.CHARGES:
For each online payment transaction through the program, your bank may assess its customary per-check or item-handling charge, if any, which you will be responsible for paying. You also agree to pay us a service charge for each dishonored check or draft to reimburse us for any costs of collection. Your bank may also assess its customary charge for such dishonored/returned items.DISHONORED REQUESTS FOR PAYMENTS:
If any online payment transaction through the Program (check or draft drawn by us or our agent in connection with the Program) is not honored by your bank, we have the right to charge the amount of any such transaction to the Customer Account. If this happens, we may terminate this Agreement and cancel your right to participate in the Program.LIMITATION OF LIABILITY:
You agree and acknowledge that we are not liable or responsible for your misdirection of payment, the inability to make a payment due to insufficient funds, and any system failure or error that was beyond our control.IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE PROGRAM, OR THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BUSINESS DAY: For purposes of this Agreement, our business days are Monday through Friday. Federal Holidays are not included.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES:
To protect your privacy, we will not disclose any information about your Program transactions to any person, except as follows:- 1. as necessary to complete transactions;
- 2. to verify the existence and condition of the customer account for a third party, such as a financial institution or credit bureau (or, for Massachusetts residents, a consumer reporting agency as defined in chapter 93 of the Massachusetts General Laws) or credit reporting group;
- 3. to comply with government agency or court orders;
- 4. to our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
- 5. to persons authorized by law in the course of their official duties; or
- 6. if you give us your written permission.
HOW TO CONTACT US:
If for any reason you wish to contact us about the Program, about your participation in the Program or about transactions relating to the Program, write or call us as follows:Broder Bros., Co. dba alphabroder
Web ACH Department
6 Neshaminy Interplex
6th Floor
Trevose, PA 19053
1-215-291-6140 (toll free 800-523-4525) 8AM to 8PM E.T. Mon-Fri.
CHANGES TO CHARGES, FEES OR OTHER TERMS:
We reserve the right to change the charges, fees or terms described in this Agreement. When changes are made to any fees, charges or other material terms, we will update this Agreement and send you a notice either by e-mail or to the address shown on our records. As always, you may choose to accept or decline changes by continuing or discontinuing participation in the Program.IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS:
Write or call us at the number or address given above as soon as you can if you think your statement or receipt is wrong or if you need more information about a Program transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.- 1. Provide your name and Customer Account number.
- 2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- 3. Provide the dollar amount of the suspected error.
If you inform us orally, we may require that you send us your complaint or question in writing within 10 business days* from the date you notified us.
We will inform you of the results of our investigation within 10 business days* after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If determined that a more extensive investigation is required,we will ensure that your bank re-credits your account within 10 business days* for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days* following your oral notification, we may not re-credit your account. For transactions initiated outside the U.S. we will have 20 business days instead of 10 business days, and 90 calendar days instead of 45 calendar days, unless otherwise required by law.
(*For Massachusetts residents, 10 calendar days instead of business days.)
If we determine that there was no error, we will provide you with an explanation within 3 business days after we finish our investigation. Upon your request, we will provide you with copies of the documents that we used in our investigation. If we have provisionally re-credited your account during the investigation and determine that there was no error, we will notify you of the date on which we will re-debit your account, and the amount to be debited. You should make certain that your account contains sufficient funds to cover this debit. If it does not, we have the right to charge such amount to the Customer Account. If this happens, we may terminate this Agreement and cancel your right to participate in the Program.
TERMINATION:
We reserve the right to terminate this Agreement and revoke your right to participate in the Program at any time for any reason or no reason, but if we do we will give you written notice of such revocation. You likewise may terminate your participation in the Program at any time for any reason or no reason, but you must do so by writing to us at the address disclosed in the Section of this Agreement entitled "HOW TO CONTACT US."This Agreement shall terminate and your right to participate in the Program will also be canceled
- (i) if the Customer Account is closed for any reason,
- (ii) if you cancel the authorization you have given to your bank to directly charge checks or drafts to your account,
- or
- (iii) if the account from which payment will be made when you make transactions under the Program is closed. If you close your account, you agree to notify us immediately and to stop initiating transactions.
PRIOR AGREEMENTS AND ASSIGNMENTS:
This agreement terminates and takes the place of all prior agreements you may have with us relating to the Program. We have the right to assign this Agreement. You may not sublicense, assign or transfer this Agreement without our prior written consent, and any attempt to do so is void.MISCELLANEOUS: This Agreement shall be governed by and interpreted in accord with the laws of the United States of America and of the Commonwealth of Pennsylvania (except as to choice-of-law), and all parties to this Agreement agree to be subject to the jurisdiction of the state and local courts located in Bucks County, Pennsylvania courts. If any provision of this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be severed from this Agreement and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Chuck Pfister
Chief Financial Officer
Broder Bros., Co.
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NOTE FOR MASSACHUSETTS RESIDENTS
GENERAL DISCLOSURE STATEMENT:
Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.