These Terms and Conditions are designed to provide
You, the merchant who chooses to accept these terms and conditions, ("You"),
with important information and obligations about the surety bond coverage for
which your business may be eligible, dependent upon comprehensive underwriting
to be performed by Liberty Mutual Insurance Company ("Liberty") (a
"Surety") or one of their subsidiaries or
affiliates through buySAFE, Inc. - the Surety's licensed, duly authorized and
appointed agent ("Agent") on the www.buysafe.com website (the "Website"). You
must read, agree with, and accept all of these Terms and Conditions, including
without limitation the Indemnification Section and the terms and conditions in
The Surety, or its Agent, (collectively “We”) may amend these Terms and Conditions at any time by posting the amended terms on the Website. Except as stated below, or as otherwise required by law, all amended terms shall automatically be effective fourteen (14) days after they are initially posted on the Website or sent to You via email.
The surety bond ("Bond") coverage offered through the Website is available only to businesses in good standing. This product is available only on-line and contemplates the electronic transmission of business. Our services are not available to any individual or entity that poses, in our sole discretion, an unacceptable level of underwriting or business risk. Please note, if You reside outside of the United States, the Bond is not yet available for your use.
I. Underwriting Application Process.
A. The Surety’s ability to underwriting depends upon your completion of the information requested through the buySAFE.com registration process ("Application"). You agree to provide buySAFE, as the Surety’s Agent, with accurate and complete information about your business at all times. If any information that You provide to buySAFE or us changes, You agree to immediately notify us of such changes at the Website or in writing at the address for notices set forth below. This information includes but is not limited to your name and address, telephone number, social security number, e-mail address, business name, credit card number, billing address along with the expiration date, bank account name, bank account and routing number and marketplace user name and password and license number (if required).
By signing below You also represent that You are authorized to do business in accordance with all state and federal laws. You agree that we may periodically verify the information You provided or that we otherwise obtained, although we have no obligation to do so at any time. Your failure to respond to any inquiries by us or our authorized agents may lead to the suspension or revocation of the Bond coverage.
III. Seller's Statement of Business Purpose.
By signing below, You acknowledge, agree and represent that You have requested surety bond coverage from the Surety through its Agent for business and commercial purposes and not for personal, family, household or other consumer purposes, even if You are an individual and have not utilized the services of any Surety or its Agent previously. You further acknowledge and agree that this statement is made under the penalties of perjury and that the submission of fraudulent or misleading statements to an insurance company or insurance agent may subject You to civil liability and criminal penalties.
IV. Identity Verification.
You agree that we may, directly or through third parties, make any inquiries we deem appropriate regarding your business from various sources, including but not limited to obtaining information from consumer reporting agencies, the internet marketplace where your business will be offering products for sale, and others to help us identify You or for any other legally permitted purposes, including to assist us in evaluating your Bond Application and ongoing compliance with the Standards & Prohibited Items Section of these Terms and Conditions. You also agree that we may order a credit report and perform other credit checks or otherwise verify the information You provide or that we obtain against third party databases.
Upon your satisfaction of our underwriting criteria, the Surety, acting through buySAFE as the Surety’s Agent, shall provide a Bond that financially guarantees that You (the principal) will fulfill the conditions of sale of an on-line sales transaction to the buyer (the obligee) who is your on-line sales transaction winner. (A copy of the Bond can be found on the buySAFE website www.buysafe.com).
VI. Bond Premium and Fees.
A. You authorize the Surety, or buySAFE as the Surety’s Agent, to charge any and all fees and premiums payable as set forth in the buySAFE pricing schedule section to the credit card, debit card or bank account You specify as part of your Application, including reasonable fees in connection with an electronic debit returned for any reason and any costs related to enforcement of these Terms and Conditions. You agree to be billed on a monthly basis for all such amounts incurred during the preceding month. Such bills will be sent to You by buySAFE in its role as the Surety’s licensed Agent. The specific terms and conditions with respect to payment by credit card, debit card or bank account are set forth below.
B. You agree that the Surety, or buySAFE acting as the Surety’s Agent may charge reasonable fees in connection with an electronic debit returned for any reason, such as insufficient funds or a stop-payment order.
C. You authorize the Surety and Agent to charge any and all fees and premiums payable as set forth in this buySAFE pricing schedule to the credit card, debit card or bank account You specify as part of your Application, including reasonable fees in connection with an electronic debit returned for any reason and any costs related to enforcement of these Terms and Conditions. You agree to be billed on a monthly basis for all such amounts incurred during the preceding month. Such bills will be sent to You by buySAFE in its role as the Surety’s licensed Agent. For specific terms and conditions with respect to payment by credit card, debit card or bank account, please see below.
VII. No License to Trademarks.
In order for the items authorized by the Surety to be bonded, You acknowledge and agree that buySAFE will place on the individual on-line transaction site the buySAFE, Inc. ("buySAFE") seal (the "Seal"). You have no rights in or license to buySAFE, the Seal, the buySAFE name, the Surety’s name, the Surety’s logo or any trademarks of either. You will not attempt to copy, display, distribute or in any way use any of the foregoing in any manner whatsoever.
VIII. Standards and Revocation.
You agree that we may suspend or permanently terminate providing Bond coverage for your on-line transactions at any time and without notice if: (a) You fail to keep the information You provide to us current, including your contact information; (b) buySAFE suspends your usage of the Seal for any reason; (c) You are not a member in good standing on the marketplace for which You have requested bonds; (d) buySAFE as Agent receives an excessive number of complaints about your selling practices and/or standards; (e) You exceed your authorized Bond program limit; or (f) we experience unacceptably high levels of claim activity as determined in our sole discretion. We will send You notice of such suspension or termination promptly.
IX. On-line Dispute Resolution Process and Making a Claim.
When a buyer becomes dissatisfied with his or her transaction, the buyer is asked to initiate on-line problem resolution (the "buySAFE Dispute Resolution Process") by using the "Report a Problem Transaction" form at the Website. A buyer's completion of this form will enable You and your buyers to communicate directly with each other, and if necessary, to enlist the aid of a buySAFE "Problem Solver," an unbiased problem resolution specialist. If a buyer has been unable to resolve his problem transaction with you, via the buySAFE Dispute Resolution Process or otherwise, and files a claim with one or more of the Surety seeking payment under a Bond, the Surety will investigate the claim and may take action to compensate such buyer for his or her loss (e.g. provide buyer a replacement product or refund the full purchase price) and then seek recovery from You as provided for in the Indemnification Section (see below). Both buyer and You must fully participate in the buySAFE Dispute Resolution Process, to the extent permitted by law. Where the buySAFE Dispute Resolution Process is not permitted by law, buyer may file a notice of potential claim by emailing Agent at email@example.com with a description of the claim, the item number and the Bond number.
X. Your Responsibilities in the event of a Claim.
XI. Your Additional Responsibilities.
A. You agree not to:
1. Impersonate any person or entity or use a name or alias that You are not authorized to use;
2. Initiate or send fraudulent communications to the Surety during the claim handling process or permit any other person to transmit any information that falsely or incorrectly identifies your buySAFE.com user identification as the origin of such communication;
3. Post material that encourages conduct that could constitute a criminal offense, or give rise to civil liability or to transmit any unlawful, discriminatory, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, as determined by us in our sole discretion;
4. Upload, post, reproduce or distribute any information or other material of the Surety protected by copyright or any other intellectual property right, or the rights of publicity and privacy, without first obtaining our permission;
5. Represent that the Surety guarantee your conditions of sale beyond the scope of that defined in the Sample On-line Bond; or
6. Use trademarks of Liberty Mutual Insurance Company,
B. Standards & Prohibited Items. You expressly agree to abide by each of the following:
1. To use only the products and services offered through the Website in the internet venues authorized by the Surety (each, a "Marketplace");
2. Each Marketplace's applicable user agreement, including but not limited to, any non-binding bid policies, prohibited and restricted items policies, infringing item policies or any other applicable agreement or policy;
3. Never To request that the Surety issue a Bond for a sale item that violates the foregoing.
4. Never To request that the Bond be issued for any transaction involving the following: mature or adult audiences, pornography, gambling or real estate or any transaction not involving the sale of a tangible good (ie, items that can be shipped).
A. You certify that all statements made and answers given in the buySAFE application are truthful, accurate and complete in all respects and are made for the purpose of inducing the Surety to execute the Bonds for which You have applied. You understand and agree that the Surety can and will rely upon your statements and answers for that purpose. You understand that it is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include fines and imprisonment.
B. You agree to waive any and all defenses as against the Surety with respect to any coverage decision and agree to seek any necessary restitution directly against the buyer or other third parties. You agree to assign to the Surety, upon request from them, any rights You may have to recover from any third parties.
C. YOU AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY THE SURETY AND HOLD EACH OF THEM HARMLESS FROM ALL LOSS AND EXPENSE OF WHATEVER KIND, INCLUDING BUT NOT LIMITED TO COSTS ASSOCIATED WITH THE RETURN OF AN ELECTRONIC DEBIT, INTEREST, COURT COSTS, AND ATTORNEY FEES, (HEREAFTER REFERRED TO AS “LOSS”), INCURRED BY THE SURETY AS A RESULT OF OR IN CONNECTION WITH THE FURNISHING OF THE BONDS AND/OR THE ENFORCEMENT OF THIS AGREEMENT. YOU PROMISE TO PROMPTLY REIMBURSE ONE OR MORE OF THE SURETY FOR ALL SUMS PAID ON ACCOUNT OF ANY LOSS AND AGREE THAT ORIGINALS OR PHOTOCOPIES OF CLAIM DRAFTS, OR OF PAYMENT RECORDS KEPT IN THE ORDINARY COURSE OF BUSINESS, INCLUDING COMPUTER PRINTOUTS, VERIFIED BY AFFIDAVIT, SHALL BE PRIMA FACIE EVIDENCE OF THE FACT AND AMOUNT OF SUCH LOSS.
D. You agree to deposit upon demand with one or more of the Surety an amount deemed sufficient by the Surety to indemnify them from all claim loss, cost, or expense as soon as liability exists or is asserted against the Surety, whether or not the Surety has posted a reserve or made any payment.
E. You agree that (a) the Surety will incur no liability on account of, and You need not be notified of the taking, failure to take, or release of security, collateral, assignment and the like, as to any Bond; and (b) the Surety and their representatives, including Agent, have the authority to charge/debit the credit card/debit card account provided by the seller as security. You agree to immediately provide new credit card/debit card information to the Surety upon termination of any account provided to the Surety as security.
F. No change or modification to this portion of the agreement (XII. Indemnification) will be effective unless specifically agreed to in writing, including writing by electronic exchange, executed by You and the Surety. If any provision or provisions in this portion of the agreement are determined to be void or unenforceable under the laws governing its or their construction or enforcement, the remainder of this portion of the agreement shall not become void or unenforceable thereby, but shall continue in effect and be enforced as though such provision or provisions were omitted.
XIII. Term and Termination.
A. These Terms and Conditions will commence on the date You electronically sign below. These Terms and Conditions will terminate on the earlier of: (a) the date You provide written notice of cancellation per Section XV below; (b) the date on which You are notified in a manner compliant with the law that new Terms and Conditions replace these Terms and Conditions; or (c) the date on which the Surety dispatches e-mail or fax notice to You that it is terminating these Terms and Conditions and unwilling to conduct business with you. The following Sections shall survive the termination of these Terms and Conditions: Sections VI ("Bond Premium and Fees"), VII ("No License to Trademarks"), IX ("On-line Dispute Resolution Process and Making a Claim"), X ("Your Responsibilities in the event of a Claim"), XII ("Indemnification") and the referenced Indemnification Agreement, XIV ("General") and XVI ("Electronic Signatures").
B. To terminate your Bond service, please send a written request to the Agent, as provided in Section XV, Address for Notices. Termination of your Bond service does not, however, terminate your obligations under any in-force Bond or any limitations set forth herein with respect to the Bond.
A. You irrevocably agree that the laws of the State of Pennsylvania will govern these Terms and Conditions.
B. You agree that You are prohibited from assigning these Terms and Conditions or any of your obligations under these Terms and Conditions.
C. The failure of either You or the Surety to enforce any of the provisions of these Terms and Conditions shall not be construed as a waiver of that provision or the right of the party to enforce that provision or any other provision.
D. In the event that any provision of these Terms and Conditions is found to be unenforceable or invalid, You and the Surety agree that that provision will be changed and interpreted so as to best accomplish the objectives of the provision within the limits of applicable law or applicable court decisions.
XV. Address for Notices.
Any and all notices to the Surety must be made care of its Agent, buySAFE, Inc. at 1611 North Kent Street, Suite 803, Virginia 22209 or firstname.lastname@example.org. All such notices must be made in writing and either mailed by either first class postage or personal courier or sent electronically and will be deemed delivered when received. Any and all notices to You must be made at the e-mail address You specify in the Application.
XVI. Electronic Signatures.
In accordance with the federal Electronic Signatures in Global and National Commerce Act, You agree to the following consent:
CONSENT TO USE ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
To obtain bond coverage, You must consent to: (1) having either your bank account or your credit card debited or credited electronically to pay for the applicable premiums and fees; (2) using an electronic signature that evidences your identity; (3) electronically signing an authorization agreement for Direct Payments (ACH Debits) and Direct Deposits (ACH Credits) (the "ACH Authorization"), or the authorization for credit card payments included as part of the buySAFE application (the "Credit Card Authorization"), as applicable; (4) our obtaining consumer and credit reports on You and your business and sharing your personally identifiable information with third parties to assist us in authenticating You or verifying information You provide to us, or as otherwise allowed by law; (5) receiving all required disclosures, notices and statements from us in electronic form (by making them available to You at the Website or sending them by email or other written form to You at our sole discretion,); and (6) electronically confirming that You meet our minimum system requirements (the "Consent").
Categories of Communications
You understand and agree that we may electronically provide to You disclosures, notices and statements regarding your use of the Bond, the debiting or crediting of your designated bank account or credit card, your relationship with us and/or other programs, products or services that are or may in the future be made available to You ("Communications"). Such Communications may include, but are not limited to:
* This Consent.
* Periodic or annual statements, disclosures or notices relating to any Internet transactions initiated in connection with the Bond, designated bank account or credit card debits and credits, and services we offer at the Website, including, but not limited to, any statement, notice or communication that may be required by the Electronic Fund Transfers Act, the Gramm-Leach-Bliley Act, or other applicable laws and regulations.
* Any notice or disclosure regarding the imposition of any fee or charge.
* Any notice or disclosure regarding the imposition of any fee for an electronic debit returned for any reason, such as insufficient funds or a stop-payment order.
* Any notice or disclosure regarding the imposition of any fee or charge for a product furnished by us that You have requested or that we may impose under the these Terms and Conditions, the terms of any other document governing your service, or by applicable law.
* Any change in the terms, conditions or rules applicable to the services You obtain from us.
* Privacy statements or notices (by posting such notices on the website).
* Certain statements that we are legally required to provide to you.
* The ACH Authorization and/or Credit Card Authorization.
* Hardware and Software Requirements
To be able to receive the products offered and to obtain and receive Communications and provide electronic signatures through the Website, You must have:An IBM or Macintosh computer or an IBM or Macintosh-compatible computer.
* One of the following Internet Browsers, any of which supports HTML 4.0 and SSL-encryption.
* Netscape Navigator 4.08/Netscape Communicator 4.7 or later versions.
* Microsoft Internet Explorer 4.01 or later versions (4.51 for Macintosh users).
* A printer connected to your PC or sufficient hard-drive space (approximately 1 MB) to save the Communications.
* Internet access via dial-up, DSL, cable modem, wireless access protocol, or an equivalent method that supports the requirements above.
ACH Authorization and Credit Card Authorization
You understand and agree that we may electronically provide You with documents for your electronic signature, including the ACH Authorization and the Credit Card Authorization.
How to Withdraw Consent
You may terminate your ACH Authorization or your Credit Card Authorization and/or withdraw your Consent to receive Communications electronically and/or to use an electronic signature, by providing written notice of your termination and/or withdrawal to us in writing. Such termination or withdrawal will become effective after we have had a reasonable amount of time to act upon it, or as otherwise specified in the ACH Authorization or the Credit Card Authorization, as applicable. You must state in writing that You are terminating your ACH Authorization, your Credit Card Authorization and/or withdrawing your Consent to receive Communications electronically and/or to use an electronic signature (as applicable), identify yourself and your buySAFE.com user identification and mail it, postage prepaid, to us at the Address for Notices set forth above.
If You choose not to agree to this Consent, or You withdraw your Consent, it will operate to cancel your agreement to use electronic records and electronic signatures, including on the ACH Authorization and the Credit Card Authorization, and therefore, your ability to use our services. Such a withdrawal of your Consent is effective only after we have received such written notice at the above location and have had a reasonable period of time to act upon your withdrawal of Consent. Your Consent shall remain in full force and effect until withdrawn in the manner provided in this paragraph or as provided in the ACH Authorization or the Credit Card Authorization. As described in the section on termination above, certain of your obligations will survive any termination of our providing the Bond coverage to you.
Obtaining Paper Copies
You may obtain a paper copy of your ACH Authorization and/or your Credit Card Authorization for up to 24 months after You have terminated your ACH Authorization or your Credit Card Authorization. You may also obtain a paper copy of any legally-required Communication for up to 24 months after such Communication has been provided or made available to You electronically. You may request such a paper copy by writing to us at Address for Notices above. We do not currently impose a fee if You request a paper copy of our electronic records. We, however, retain the right to charge fees at a later date for such a copy if we provide You with a notice of such a change-in-terms, either through an email to You or by posting such a change-in-terms on the Website.
Updating Information Needed to Contact You Electronically
In the event that your email address or other information that we need to contact You electronically changes, You must notify us of such changes immediately by logging in to our website and selecting "eMail address" under the "My Profile" menu.
If You fail to update or change an incorrect email address, You understand and agree that any Communications shall nevertheless be deemed to have been provided to You if they (a) were emailed to the email address we have for You in our records or (b) made available to You in electronic form at our website.
Retain Copies for Your Records
You should print or download and keep a copy of this Consent, any Communications we provide or make available to you, the ACH Authorization and/or the Credit Card Authorization (which is a part of the buySAFE application), as applicable, and any receipt forms for your permanent records.
REMINDER—BY ELECTRONICALLY SIGNING, YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE SENDING YOU PAPER COMMUNICATIONS REGARDING ANY ACCOUNTS, PRODUCTS OR SERVICES THAT WE PROVIDE VIA THE WEBSITE; THAT YOU WILL NOT BE PROVIDED WITH A PAPER ACH AUTHORIZATION OR CREDIT CARD AUTHORIZATION TO BE SIGNED IN WRITING; THAT YOU HAVE THE ABILITY TO ACCESS OUR WEBSITE; THAT YOU CAN READ AND PRINT THE BUYSAFE APPLICATION AND ANY ACH AUTHORIZATION OR CREDIT CARD AUTHORIZATION AND COMMUNICATIONS WE ELECTRONICALLY PROVIDE TO YOU OR MAKE AVAILABLE TO YOU AT OUR WEBSITE; THAT YOU HAVE THE ABILITY TO USE AN ELECTRONIC SIGNATURE ON THE ACH AUTHORIZATION AND THE CREDIT CARD AUTHORIZATION; AND THAT YOUR ELECTRONIC SIGNATURE WILL CONSTITUTE YOUR ELECTRONIC SIGNATURE ON THE ACH AUTHORIZATION AND THE CREDIT CARD AUTHORIZATION, WHICHEVER YOU CHOOSE OR BOTH.