As a condition to using ConvictCash's payment services as described herein, you agree to this Payments Services' Terms of Service ("Agreement") and any future amendments.

 

1.  NOTICE AND CONSENT. By using ConvictCash's services, you agree to the terms and conditions of this Agreement, the ConvictCash Privacy Policy and any other documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and ConvictCash, and that this Agreement constitutes a writing signed by you under any applicable law or regulation. Any rights not expressly granted herein are reserved by ConvictCash. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. You agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes. We last modified this Agreement on December 16, 2015. In this Agreement, "You", "User" or "Customer" means any person or entity using the ConvictCash Service (as defined below).

 

2.  THE CONVICTCASH SERVICE. A User may request a deposit (the “Payment”) be made to an inmate’s account at a ConvictCash approved correctional institution (a “Client). If said request is accepted and confirmed,  a designated Convict Cash approved agent will deposit the requested amount  to the appropriate Client.  A Client has the authority to review, withhold or reject a Payment. Payments may be made (1) over the Internet or telephone using a Visa or MasterCard branded credit card or debit card (collectively “Bank Card"), (2) through PayPal , (2) or by sending a money order to ConvictCash’s lockbox (collectively, the “ConvictCash Service”).

      ConvictCash will not be liable for a Payment sent to the incorrect inmate account.

 

3.  PAYMENT INFORMATION. To facilitate Payments, you will be required to provide ConvictCash with certain information to allow us, among other things: to verify your identity; to receive appropriate Bank Card authorization if applicable; and to gather any other information a Client shall require of you to send the Payment. Please refer to ConvictCash's Privacy Policy regarding ConvictCash's use of this information. When required by applicable law, Payments will be reported to federal, state or local authorities.

 

4.  IDENTITY AUTHENTICATION. You authorize ConvictCash, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, and/or other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address, or verifying your Information against third party databases or through other sources. We may also ask to see your driver's license or other identifying documents at any time. ConvictCash reserves the right to close, suspend, or limit access to your account and/or the ConvictCash Service in the event we are unable to obtain or verify this Information.

 

5.  FEES. In consideration for the use of the ConvictCash Service, you agree to pay ConvictCash a fee for each Payment sent by you at the applicable rate then in effect (the "Service Fee"). All Service Fees are non-refundable.

 

6.  MONEY ORDERS. Where the lockbox Payment method is available to you, ConvictCash will only accept money orders valued at $200.00 or less, depending on the Client. Any money orders over $200.00 will be returned to you. All approved money orders will be processed within up to ten (10) business days following receipt by ConvictCash.

All money orders must be made payable to "ConvictAssistant.". A deposit slip and any accompanying information required by the Client must be filled out and submitted with every money order. Deposit slips can be found on ConvictCash's Website All deposit slips must be legible and completely filled out. Any materials sent with the money order other than the deposit slip will be discarded.

7.  PAYMENT. Service Fees and the principal Payment amount are due and payable before ConvictCash processes the Payment. By making a Payment with a Bank Card, you authorize ConvictCash to process the Payment. When using a Bank Card, if ConvictCash does not receive authorization from the card issuer, the Payment will not be processed and a hold may be placed on your Bank Card which can only be removed by the issuing bank. Each time you use the ConvictCash Service, you agree that ConvictCash is authorized to charge your designated Bank Card account for the principal Payment amount, the Service Fee, and any other applicable fees.

 

8.  OTHER CHARGES. ConvictCash is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. ConvictCash is not responsible for any non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider.

 

9.  RECURRING PAYMENT. A recurring payment is a Payment in which you authorize

ConvictCash to charge your Bank Card on a regular or periodic basis (“Recurring Payment”). This authorization is to remain in full force and effect until you cancel a Recurring Payment. You may cancel a Recurring Payment at any time up to one (1) business day prior to the date the Payment is scheduled to be processed. To cancel a Recurring Payment, log into your account, access the “Money” tab, then access the “Recurring Payments” tab and click “Delete.”

 

10.  REFUNDS. You may not cancel a Payment. Under some circumstances, a Payment

may not be completed or a Client may refuse to accept a Payment. In such cases, ConvictCash will cancel the Payment transaction and refund the principal Payment amount less the Service Fee to the Customer.

 

11. ESCHEATMENT LAWS. ConvictCash must comply with each state's unclaimed property (escheatment) laws. If, for whatever reason, ConvictCash is unable to transfer your Payment to a Client, ConvictCash will attempt to contact you to issue you a refund. If ConvictCash cannot get in contact with you and you do not claim your Payment within the statutory time period, ConvictCash may be required to escheat the Payment to your resident state. ConvictCash will determine your state of residency based on the information provided by you at the time of Payment. If you do not claim an unpaid Payment within one (1) month after the date you made the Payment, ConvictCash shall hold the Payment in an account and impose a $3.00 service fee per month until such time the unpaid Payment must be escheated to the state.

 

12. GOVERNING LAW. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.

 

13.  INDEMNIFICATION. Except to the extent that ConvictCash is otherwise liable under this

Agreement or by law, you agree to indemnify and hold ConvictCash, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, representatives, suppliers, service providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your use of or the performance of the ConvictCash Service.

 

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE CONVICTCASH SERVICE IS PROVIDED BY CONVICTASSISTANT ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONVICTCASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONVICTCASH SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONVICTCASH SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONVICTCASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONVICTCASH DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM CONVICTCASH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONVICTCASH (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, ANY GOVERNMENT ENTITY'S NON-ACCEPTANCE OF A PAYMENT FROM A USER USING THE CONVICTCASH SERVICE, FOR DISRUPTIONS IN THE CONVICTCASH SERVICE, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.