User Agreement
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH Aspen Consulting USING THE NAME PayByGold WILL PROVIDE ITS ENTIRE SERVICES. THIS AGREEMENT DESCRIBES USER'S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES. USER SHOULD READ IT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS.
USE OF ANY PayByGold SERVICE MEANS USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE PARTIES TO THIS AGREEMENT ARE Aspen Consulting USING THE NAME PayByGold AND THE USER.
The user is solely responsible to provide valid and accurate information needed to complete PayByGold orders.
The user is solely responsible for all Payments, even if the instructions provided by the user are incorrect.
PayByGold orders may not conflict with any requirements imposed by other payment systems.
The user is solely responsible to ensure Order Date and Payment Date are early enough for Payment to arrive by due date, if any. The Initiation of the payment shall be no later than one business day following the date of receipt and verification.
The user can delete or modify their PayByGold orders through the PayByGold website, subject to the limitation of non-repudiation after transfer as per customer instruction. Payments may be deleted at any time prior to a transfer.
PayByGold orders are binding contracts between User and Aspen Consulting and will be honored by User. User shall not regard PayByGold orders as options.
Remittance must be good funds of the exact amount specified in the user's order, net of all fees.
If User fails to remit good funds of the exact amount specified in the users order, net of all fees, Aspen Consulting , at its sole discretion, may reduce the PayByGold order to the amount of funds received,
If User remits more than the necessary amount of good funds necessary to fulfill their order, net of all fees, then Aspen Consulting , at its sole discretion, may: (i) adjust the users order to the exact amount of funds received, (ii) enter a new users order for the amount of the excess funds received at the Exchange rate applicable at the time of the entry of the new users order.
Remittance may not be counterfeit or otherwise fraudulent. User agrees that any attempt to remit fraudulent funds will result in prosecution to the fullest extent of the law and the notification of the general public of User's actions via posting on the PayByGold Website, public and private discussion boards or by any other means, at Aspen Consulting 's discretion.
Remittances are final and not refundable except as provided in this Agreement.
Any tax consequences of PayByGold orders and or transactions are the sole responsibility of the User.
You hereby authorize Aspen Consulting trading as PayByGold to request your personal details listed with e-gold/G&SR/Omnipay, Gold Money, Evocash or any other body or authority.
The e-gold payment to the e-gold account nominated by the user in their order will occur within 48 hours of the funds being fully cleared and received to the satisfaction of Aspen Consulting in the case of wired funds or direct deposit into the bank account either through another bank, online or off line. We do NOT accept personal checks. In the case of cashier's checks and money orders from any source, the funds will be available and spent in to the e-gold account nominated by the user within 48 hours from being fully cleared and verified as being received by Aspen Consulting .
We reserve the right to refuse service to particular individuals or entities, at our sole discretion, with or without cause. NO correspondence will be entered into.
Your IP address will be logged along with your order. We reserve the right to report any fraudulent activity to the appropriate authorities. If we discover a stolen CC, fraudulent or counterfeit cheque, we will report it.
This service is independently operated and is neither endorsed by nor affiliated with e-gold Ltd, Omnipay, G&SR ,Goldmoney, Evocash or any other gold and/or eCurrency account custodian. In the event of any questions about this service and/or your order, you should contact us directly at admin@PayByGold.com. Please do not contact e-gold Ltd, Omnipay, G&SR, Goldmoney, Evocash or any other company about your order, as they will not be able to help you with any issue relating to our service.
All transactions into or out of or between accounts at e-gold shall be subject to the Terms & Conditions of e-gold as outlined on the e-gold web site.
Force Majeure. Aspen Consulting will not be responsible for delays or failures in the transmission, receipt or execution of orders, Remittances, Payments, or information due to events or systems beyond its control. The obligations of this contract precede any government enactment. Aspen Consulting , it's owners, employees, agents or affiliates will not be responsible for any loss, damage or injury resulting from any event or system beyond its control.
Aspen Consulting will not fulfill any Exchange transactions ordered by User if User uses, or attempts to use the PayByGold service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the PayByGold services. Additionally, User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of User's actions, at the sole discretion of Aspen Consulting .
Aspen Consulting will not fulfill any Exchange transactions ordered by User, if ordered not to do so by an order from a court or arbitration body of acceptable jurisdiction or official body or group such as a Market Makers Association, or gold supplier such as e-gold or GoldMoney for example, or as determined by Aspen Consulting .
Failure to exercise or delay in exercising any right, power or remedy hereunder by Aspen Consulting shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of Aspen Consulting hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
Assignment. The provisions of this Agreement shall be continuous and shall inure to the benefit of Aspen Consulting , its successors and assigns, and shall be binding upon User and/or the estate, personal representatives, administrators and successors of User. Aspen Consulting may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of Aspen Consulting and any attempt at such delegation without such consent shall be void.
Waiver. Failure to exercise or delay in exercising any right, power or remedy hereunder by Issuers or Distributor shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of Issuer or Distributor hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
Jurisdiction This Account Agreement is governed by the laws of Panama as such laws are applied to agreements entered into and to be performed entirely within Panama by Panama residents.
Severability. In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
Entire Agreement. This Agreement constitutes the entire and whole Agreement between User and Aspen Consulting and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties. This Agreement may be amended only upon execution of a subsequent agreement or upon User's failure to object within 10 days to modifications posted on the PayByGold Website.
The User is solely completely responsible for the or any gold account given in any order to Aspen Consulting and the contents and disposal of contents thereof. Aspen Consulting will not be held responsible for the use or disposal of the value or contents of any e-gold account.
|
|
|
