Thank you for your interest in Prepaid Expense Card Solutions, Inc. d/b/a PEX. PEX is a paperless program. We require your email to ensure we can effectively communicate with and deliver our services to you. We also require your consent to provide you with important account-related information and updates electronically instead of on paper. In order for PEX to provide the PEX service to you and also to provide you with legal notices and other communications related to your PEX account including those which would otherwise be required to be provided to you in paper form, you must electronically agree to the terms and conditions in this Electronic Signature and Electronic Communications Disclosure and Consent Form ("E-Sign Agreement".) This agreement provides that you agree that your electronic consents provided on documents with PEX have the same legal effect as if you had signed the documents with a pen. You also agree to the extent allowed by law to receive notices and communications related to PEX electronically.
IN ORDER FOR YOU TO AGREE TO THIS E-SIGN AGREEMENT, YOU MUST CAREFULLY REVIEW IT, CONFIRM YOU MEET THE "SYSTEM REQUIREMENTS" SET FORTH IN THIS E-SIGN AGREEMENT, PROVIDE THE REQUIRED INFORMATION SET FORTH BELOW, AND THEN INDICATE YOUR CONSENT AS INSTRUCTED IN CONNECTION WITH YOUR REVIEW OF THIS E-SIGN AGREEMENT.
Electronic Signature Consent
Before electronically signing this or any other agreements pertaining to PEX, you agree to carefully review the terms and conditions of such agreements. Each decision to view and/or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. When you check a box and/or click the "I Agree" or similar button at the end of each such agreement as instructed, you are agreeing via an electronic signature to the terms and conditions contained in such agreement.
Notices, Statements, Records and Communications
By agreeing to the terms of this Agreement, to the extent permitted by law, you agree to consent and receive all required notices, disclosures, communications, terms and conditions, and required periodic statements related to PEX and your PEX account ("Account Communications") in electronic form, which may in our discretion include, without limitation, emails to the Servicing Email Address of record we have for you, and notices posted at the PEX website. For example, we may electronically provide you any of the following:
- Legally required disclosures, authorizations, consents and notices (e.g., privacy notices)
- Revisions and changes to account terms
- Billing inquiry communications
- Account cancellation notices
- Suspension of account privileges communications
- Other disclosures and communications regarding PEX that we now or later are required to provide to you "in writing".
Please note that, although you may authorize others (including, without limitation, employees of your company) to use your PEX account and/or create PEX Cards, you agree that we may send or provide all Account Communications related to your PEX account to you as the PEX administrator, and you agree to share such Account Communications, as relevant, with all other users of your PEX account, and PEX Cards. As used in this E-Sign Agreement, the word "provide" means provide, send, post or deliver and all variants of such words.
Your Servicing Email Address
In order to agree to this E-Sign Agreement and the receipt of communications and notices from us in electronic form, you must provide us with a valid and working email address. You agree that we may use the "primary" email address you have provided us for use with your PEX account ("Servicing Email Address"). You may change your Servicing Email Address by entering the new address in the profile settings for your PEX account and following the applicable procedures or by speaking to a customer service representative by calling 1-866-685-1898. You agree that the email address you provide as the Servicing Email Address will at all times be a valid and working email address and that you will provide us with a new email address to use as the Servicing Email Address if you cease using the email address previously designated as the Servicing Email Address, learn it no longer properly operates or can no longer access it. If you provide more than one email address in the profile settings for your PEX account, we will consider the email address you designate as "primary" to be the Servicing Email Address. We may, in our sole discretion, also choose to send Account Communications to a non-primary email address if you have provided one. If at any time the Servicing Email Address is an email address shared with another person or entity, you agree that any Account Communications sent to that email address will be deemed received by you even if another person receives them, does not provide you with notice about them or deletes them. You agree to instruct any person who shares or has access to the Servicing Email Address to promptly show you Account Communications sent to the Servicing Email Address.
Methods of Providing E-Communications
We may provide Account Communications in electronic form by any combination of (1) email; (2) posting or making them accessible on the PEX website; and/or (3) providing you with the option to download or print a PDF file. ("PDF" refers to the Portable Document Format created by Adobe Systems Inc.®). You agree to and shall have the responsibility to review Account Communications provided in electronic form promptly and to take any required actions or actions requested by us within the time periods set forth in any such Account Communication. Without limiting the foregoing, you agree that if we send you an email or other notice indicating that an Account Communication has been posted or provided at the PEX website, you will promptly review that Account Communication.
Reservation of Right to Send Paper Communications
Your consent to receive Account Communications in electronic form does not mean we will only communicate with you electronically. We reserve the right to use all lawful methods of communication and provide legal notices and other communications and documents in paper form from time to time when legally required to do so or when we in our sole discretion elect to do so. You are solely responsible for ensuring any mailing address we have on file for you is current.
Duration and Withdrawal of Consent
Your agreement and consent and the provisions of this E-Sign Agreement will remain in effect with respect to your PEX account until (1) you withdraw your ongoing consent by providing notice of your intent to withdraw your consent by calling 1-866-685-1898 and speaking with a customer service representative or by writing to us at:
PEX Customer Service
P.O. Box 549 Midtown Station
New York, NY 10018
or (2) your PEX account is canceled either by you or us. Withdrawal of your consent will have no impact on the validity of your consent to any agreements you electronically executed prior to the time of the withdrawal of your consent, and such agreements shall remain in effect unless terminated in accordance with their termination provisions. If you withdraw your consent to receive Account Communications in electronic form, we may in our sole discretion close or cancel your PEX account and, as applicable, PEX Card accounts, in which case we will make copies of all Account Communications that are required to be provided to you by applicable law available to you in paper form and charge you our then-current fees for such paper copies.
In order for you to access, receive and retain a copy of this E-Sign Agreement, and any other agreements pertaining to the PEX service we may ask you to electronically execute, and Account Communications in electronic form, you must have provided us with a valid and working email address and have access to the following:
- A computing, mobile or other communications device with Internet access and a browser that supports 128-bit encryption (e.g., Microsoft® Internet Explorer, Apple® Safari®, Firefox®, or Google® Chrome®).
- The Internet and a valid email account supported by software enabling you to receive an e-mail as big as 250K in size.
- A printer that can enable you to print any online and e-mailed material to maintain hard copies for your files, or a hard drive or disk drive with at least 32MB of available random access memory (RAM) to store electronic copies.
- Adobe® Acrobat® Reader® 4.0 or higher (or another program providing a similar functionality) that enables you to open and/or download a portable document format (PDF) file. If you cannot access a PDF, you need to obtain, prior to executing this E-Sign Agreement, the necessary Adobe® software that can be downloaded at www.adobe.com/products/acrobat/readstep2. If you click on this link, another browser will open and you will be directed to Adobe®'s website. Your current online session will remain open in the current browser window.
If you ever have trouble accessing or reading an Account Communication or any other information that we have provided to you electronically, check to ensure you meet the "System Requirements" above or call a customer service representative at 1-877-274-3390 for assistance.
Printing and Downloading a Copy of All PEX Agreements you Electronically Sign and All Account Communications
You agree to print or download to your computing, mobile or other communications device (provided your device has such functionality) by clicking on "Print" or "Download" as desired and retain a copy of this E-Sign Agreement. You also agree to print or download and retain a copy of any other documents pertaining to the PEX service to which you electronically consent. You also agree to print or download and retain copies of all Account Communications from us.
Access to Account Communications
We retain copies of Account Communications for your PEX account on the PEX website for ninety (90) days after their initial publication. We retain copies of certain Account Communications for longer time periods required by law and will provide you with copies of them upon request within those time periods. You may request a copy of any of those Account Communications (1) by sending a message to a customer service representative by emailing firstname.lastname@example.org (2) by calling 1-866-685-1898 to speak with a customer service representative or (3) by writing to us at:
PEX Customer Service
P.O. Box 549 Midtown Station
New York, NY 10018
Modification of this E-Sign Agreement
We reserve the right to revise the terms of this E-Sign Agreement at any time in our sole discretion. You may be provided with notice of any changes to these terms by an Account Communication in electronic form. We will also indicate that changes to these terms have been made by updating the date indicated after "Last Modified" at the beginning of this E-Sign Agreement. Any changes to these terms will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter until any subsequent change is made. If you do not agree with the changed or current terms, you must withdraw your consent to this E-Sign Agreement in the manner set forth above.
By indicating your agreement to this E-Sign Agreement, you confirm all of the following: (1) the computing, mobile or other communications device(s) you use to review and electronically consent to the PEX documentation and to receive and access Account Communications in electronic form meet, and during the time this E-Sign Agreement is in effect, will meet the requirements set forth in the "System Requirements" section above; (2) you are able, and have taken action to confirm that you are able, to access a PDF document using such a device; (3) you meet, and during the time this E-Sign Agreement is in effect, will meet, the requirements set forth in the "Servicing Email Address" section above; and (4) we may send you Account Communications, and other legal notices and communications with respect to your PEX account, in electronic and not paper form except as we reserve the right to send you legal notices and other communications in paper form as set forth in this E-Sign Agreement.