Smartpay terms and conditions

Revised: February 20, 2019

This CASHNet SMARTPAY Internet site is owned and operated by Higher One, Inc. dba CASHNet ("CASHNet"). By using this site you agree to the following terms and conditions. We reserve the right to modify, adjust or otherwise change the content or function of this site and these terms and conditions at any time. New or revised terms of use will take effect when they are posted on this site. YOUR CONTINUED USE OF THIS SITE ESTABLISHES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AND ALL ADDITIONS AND REVISIONS TO THEM.

Requirements for using this site
This site offers the CASHNet SMARTPAY service (the "Service"), which enables you, the student, and your parent, legal guardian or other third party to pay tuition, fees and other charges. To use the Service, you must have authority to make charges to the credit card or checking account you are using. Not all sites offer payment by both credit card and electronic check. If you are under 18 years of age, you must obtain the authorization of your parent or other responsible adult before making payments on this site.

Notice to Children
This site is not for use by children. If you are under 13, please do not submit any personal or other information to us.

Payment of Charges
You may use this Service to pay charges for tuition, other student services, and the service charges described below, by credit card or electronic check. Your credit card company or bank will make payment to your school through CASHNet. By the end of the business day following receipt of funds, CASHNet will post a payment to your account at the school, subject to withholding or off-set for disputed amounts, chargebacks, reversals, refunds and the like ("Chargebacks"). Your institution has agreed to credit your account upon receipt of CASHNet's payment notice. CASHNet will hold your payment in its bank deposit account and will transfer your payment to the institution within ten days of receipt, subject to Chargebacks. You agree to indemnify and hold CASHNet harmless from any liability in connection with such payment, and, once CASHNet has made such payment to your institution, you agree to pursue any claim for recovery or reduction of such payment solely against your institution and not against CASHNet Funds in CASHNet's deposit account will not bear interest for you.

Service Charges
When you use this Service to make a payment, CASHNet may add a service charge for your use of the CASHNet SMARTPAY service (a "Service Charge"). Service Charges are paid to CASHNet If a service charge applies to your transaction, you will be informed of the amount of the Service Charge prior to the completion of your transaction, and you will be given the option to either cancel the transaction and thus not incur any Service Charge, or to proceed with completing the transaction. The amount of the Service Charge is added to your payment so that one amount appears on your credit card or checking account statement. The Service Charge is not a fee or charge assessed by your institution. BY USING THIS SERVICE YOU AGREE TO PAY ANY ASSOCIATED SERVICE CHARGES. The service charge is not refundable, even if the payment to which it relates is cancelled, refunded, credited or charged back. Your institution has the option to absorb the Service Charge on selected items. In addition, Service Charges may be added to payments for charitable contributions to your institution. Please consult your institution for more information about the items for which it has elected to absorb the Service Charge. There is no charge for informational transactions, for example when you log on to CASHNet SMARTPAY to confirm transactions or view open account balances.

Keep Your Information Confidential
Those who access this site using confidential login information should keep their login information confidential. Your login information identifies you to this site. Anyone who has this confidential information can access your private account data.

Your obligations
When you use this Service, you agree:
·        To comply with these terms of use;
·        To provide accurate information;
·        Not to attempt to access any account without proper authority;
·        Not to attempt to access any non-public part of this site, unless you are authorized to do so;
·        Not to do anything that would interfere with the ordinary operation of this site;
·        To pay all charges authorized by you, even if your credit card company does not honor a charge;
·        Not to violate the intellectual property rights of CASHNet, or of others.
CASHNet reserves the right to terminate the use of this site by anyone who does not comply with these obligations.

Notices
CASHNet may give you notices either by posting them on this site, or by email, if you have supplied an email address. You agree to check this site and the email address that you supplied for notices, and you will be deemed to have received a notice when it is posted on this site, or sent to you by email.

Copyright and Trademark Notices
The site is owned and operated by CASHNet Unless otherwise specified, all information appearing on this site, including (but not limited to) text, site design, logos, graphics, icons, and images, are the sole property of CASHNet or its licensors. You may not reproduce, modify or distribute any of the content of this site. All software is owned by CASHNet No materials or image from this site may be copied, modified, uploaded, transmitted, or distributed in any form or by any means without CASHNet's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All Rights Reserved. CASHNet’s CASHNet SMARTPAY and all related logos and designs are the exclusive trademarks of CASHNet.

Warranty Disclaimer
EVERYTHING ON THIS SITE AND IN THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY OTHER PROVISION OF THIS AGREEMENT NOTWITHSTANDING, VENDOR SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ERROR OR DEFECT IN, OR FAILURE OF PERFORMANCE OF, THE SMARTPAY SERVICE OR WEB SITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Internet Availability Disclaimer
THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF CASHNET CASHNET'S ABILITY TO PROVIDE THE SERVICE DEPENDS ON INTERNET SERVICES PROVIDED TO CASHNET MALFUNCTION OF OR CESSATION OF INTERNET SERVICES BY INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE THE SERVICE TEMPORARILY OR PERMANENTLY UNAVAILABLE. YOU AGREE THAT CASHNET SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN INTERNET SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK(S) OR INTERNET SERVICE PROVIDERS, OR DUE TO ANY MISUSE, ACCIDENT OR ABUSE BY A USER.

Limitation of Liability
IN NO EVENT WILL CASHNET, ITS AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTIONAL AGENCIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSE'S ACCESS TO AND USE OF THE INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM THIS SITE, EXCEPT TO THE EXTENT OF PAYMENTS ACTUALLY RECEIVED THROUGH THIS SITE, LESS CHARGEBACKS. WITHOUT LIMITING THE FOREGOING, CASHNET'S LIABILITY SHALL BE LIMITED TO REFUNDING AMOUNTS ACTUALLY RECEIVED BY IT FOR PAYMENT OF STUDENT CHARGES, HELD BY IT AND NOT YET PAID TO THE UNIVERSITY OR COLLEGE, LESS CASHNET'S SERVICE CHARGES, AND SUBJECT IN ALL RESPECTS TO THE RIGHTS OF THE UNIVERSITY OR COLLEGE TO SUCH PAYMENTS. IN NO EVENT SHALL CASHNET BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF CASHNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Venue
Except for disputes or claims in which the amount in controversy is within the jurisdictional limits of, and is filed in, a small claims court, you agree to arbitrate all disputes and claims between you and Higher One, Inc. before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and not to sue in court in front of a judge or jury. You further agree that you may only be able to bring a claim against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The details of your agreement to binding individual arbitration can be found here: http://www.blackboard.com/legal/arbitration-policy.html

Revised: February 20, 2019

Privacy Statement
Our Policy. As a customer of CASHNet, your privacy is our business. It is our policy to protect you and your family from unauthorized use of information provided in the course of doing business with us.
No information provided by you will be used for any purpose other than processing your on-line transactions for the Service. We will not give away, sell or otherwise disclose any information that personally identifies you, except as necessary to perform the Service. In addition, we may offer optional surveys or questionnaires to our users as a means of collecting demographic information or assessing users' opinions, interests and needs. The survey will contain an explanation as to its proposed use.
What Information We Collect. We collect and retain information resulting from data you have entered into the CASHNet SMARTPAY Service. This information may include login information you have entered into the Service and payments you have made through the Service. It may also include information entered by someone you have authorized to use the Service on your behalf ("Authorized Payor").
In some cases your institution may provide the CASHNet SMARTPAY service with information to assist with your transactions, such as balances due on your account. Such information is only viewable by someone who has authorization to access that information (See Terms of Use, "Keep Your Information Confidential").

Email address.
When you use the site, we request your email address. We may use your email address to send you receipt information, information about your transactions, and notices about this site.

Transaction Information.
To process transactions, we collect information related to each transaction, such as the amount and the necessary identifying information, including the account numbers or email addresses of the parties involved.
Credit Card Verification Information. During the processing of transactions, we collect verification information from the credit card issuers. The credit card service verifies that the user's credit card information and address match the information that the user supplies to CASHNet SMARTPAY.
Automatically Gathered Information. Our site automatically gathers information about the type and version of your Web browser, so we can present the site to you properly, and keep a record of your activity at the site. This information is used to process transactions and provide the Service. We do NOT release an individual's personal information without consent, except as necessary for these purposes. Information as to payments made will be released to your institution. However, your credit card number, bank account and routing number, and other financial information is NOT released. This limitation makes CASHNet SMARTPAY transactions as private as dealing directly with your institution for payment. We will not give third parties individually identifiable information about users unless we are compelled to do so by law, or we have the express permission of the user, or we need to disclose it to process transactions. We may share aggregated statistical data with our business partners or the general public. For example, we may tell the general public that 30% of our users live in California.

Revised: October 26, 2016

Security
We use commercially reasonable efforts to maintain the security of your personal information. All identifier and transactional information collected by CASHNet SMARTPAY is stored on a secure server. Any sensitive information is encrypted. Your private account information is stored on a server that is protected both physically and electronically.

Our servers are NOT directly connected to the Internet. They sit behind a firewall, which is designed to make private financial information available only to messages from authorized computers.

When you communicate with CASHNet SMARTPAY through your computer's Web browser, Secure Sockets Layer (SSL) automatically protects your interactions. Before you log into our site, our server checks to make sure you are using one of the approved browsers. We only support browsers that use SSL 3.0 or higher.

Every payment transaction is assigned a unique receipt number, which is used by the school, CASHNet SMARTPAY and you, the user, for reconciliation and tracking purposes. Each transaction is also tracked by your school identifier and the date/time of your transaction.

Revised: October 26, 2016