1. Relationship between the Parties
a. Services. Moneytun is a payment service provider, which enables Users to make payments to and accept payments from third parties. Moneytun is an independent contractor for all purposes, except that Moneytun acts as an agent only with respect to the custody of a User’s funds. Moneytun does not have control of and shall not be liable for any products or services that are purchased with the Service, and Moneytun cannot guarantee the identity of any User or ensure that transacting parties will complete a transaction. Moneytun cannot guarantee the delivery of a product nor can Moneytun guarantee the delivery of a service which any party has purchased or provided using Moneytun.
c. Intellectual Property. “Moneytun.com”, “Moneytun”, and all related logos, products and services described in the Moneytun website are either trademarks or registered trademarks of Moneytun LLC or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Moneytun. User shall not copy, imitate, or use any service marks, trademarks, or trade dress owned by Moneytun without Moneytun’s prior written consent.
d. Assignment. User shall not transfer or assign any rights or obligations that it has under this Agreement without Moneytun’s prior written consent. Moneytun reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
e. Notices. Any notices required or permitted to be given hereunder shall be sent as appropriate to Moneytun at the address set forth below, or at such other address as either Party shall specify in writing. Such notice shall be deemed given upon personal delivery, or seven (7) days after the date of mailing when sent by certified or registered mail, postage prepaid. The notices shall be sent as follows:
if to Moneytun:
Attn.: Legal Department
3651 Lindell Road, Suite D-225
Las Vegas, NV 89103
f. Transaction History. User may access its transaction history and Balance by logging into its Account. Transaction history can not be provided over a telephone or via email.
g. Regulation E Disclosures. Moneytun’s commitments to User in this Agreement related to error resolution rights and procedures, Fees, contact information, Business Days, limitations Moneytun may impose on transfers, and User’s rights to statements of its transaction history, constitute disclosures under the Electronic Fund Transfer Act and Federal Reserve Board Regulation E, 12 C.F.R. § 205.1 et seq.
2. Eligibility; Account
a. Eligibility to Open User Account. To open a Business Account, User must be located in the United States or in one of the countries not listed as restricted on the Moneytun website at https://moneytun.com/w1/restricted.pdf , and the authorized representative establishing such Business Account shall also be located in the United States or in one of the countries not listed as restricted on the aforementioned website. The individual who sets up the Business Account shall be a personal guarantor for the Business Account and is personally responsible for the Business Account.
b. Identity Authentication. User authorizes Moneytun to make any inquiries that Moneytun considers necessary, whether directly or through third parties, in order to validate User’s identity. This may include asking for further Information such as a copy of the dba filing or the Articles of Incorporation, requiring the User to take steps to confirm ownership of financial instruments, confirming ownership of the authorized representative’s email address, and ordering a credit report, and verifying User’s Information against third party databases or through other sources.
3. Sending Money
a. Sending Limits. Moneytun may, at its discretion, impose limits on the amount of money User may send through the Service. Sending limits, presently, are set for $10,000.00 USD per day. Moneytun at its discretion may increase the amount of, or remove, User’s sending limits.
b. Funding Sources. To make a payment, Moneytun will fund User’s transaction from the Balance available on User’s Account. Moneytun does not offer Credit.
c. Preferred Funding Source. To make a payment, User will be required to fund its Account. Funding options are as follows:
|Funding Method||Funding Method Details||Funding Timeframe|
|SWIFT Wire Transfer||SWIFT Wire Transfer should be sent from an account owned by USER ONLY.||24-72 hours|
|Other Funding Methods||Listed on www.walletone.com’s website||varies|
d. Liability for a Transfer. User agrees that not to hold Moneytun liable for any damages resulting from the decision to send a payment made through the Service. User agrees that it shall not hold Moneytun liable for any damages resulting from a recipient’s decision to accept a payment made through the Service.
e. Processing Delay. When User sends a payment to other third parties, User is providing authorization to the third party to process the payment and deliver an item or service that they’ve been paid for. Some Users may delay delivery of an item or service due to processing delays. User agrees not to hold Moneytun liable for processing delays.
f. Sending Money in Multiple Currencies. User may send money only in U.S. Dollars. When User sends money to a third party who has requested a currency that is different from the United States Dollars, it is User’s responsibility to provide enough funds to fulfill the payment terms within the purchase agreement entered between User and such third party.
4. Receiving Money
a. Account Receiving Limits. User may not receive more than $30,000.00 USD to its Account per month. Once User has received $30,000.00 USD in a month, User may be required to provide additional Information about User’s business and business activities and on a purpose of the funding, before funding the Account.
b. Adding Money Limits. Presently adding money to fund own Account, which is different from receiving funds from other users, limits at $9,999.00 USD a day and $30,000.00 USD a month. In addition, Moneytun may delay crediting suspected aggregated sums of money while screening for possible Illegal Intent.
c. Funds Verification. Moneytun reserves the right to inquire User about the origin of funds added to User’s Account via bank wire transfers or any other methods.
d. “No Chargeback” Policy. When User makes a payment, User enters into a contract with a another party. Moneytun urges User to check the service before using it. Moneytun will not be responsible nor will it be liable if User later decides to cancel the transfer.
e. No Surcharges. User agrees that it shall not impose a surcharge or any other fee for accepting Moneytun as a payment method. User may charge a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge and is not higher than the handling fee User charges for non-Moneytun transactions.
f. Taxes. It is User’s responsibility to determine what, if any, taxes apply to the payments that User makes or receives, and it is User’s responsibility to collect, report and remit the correct tax to the appropriate tax authority. Moneytun is not responsible for determining whether taxes apply to User’s transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
5. Account Balances
a. Balances. User will be required to fund its Account in order to make payments. If User does hold a Balance, Moneytun will hold such funds separate from its corporate funds, will not use User’s funds for its operating expenses or any other corporate purposes and will not voluntarily make User’s funds available to its creditors in the event of bankruptcy. While User’s funds are in Moneytun’s custody, Moneytun may combine those funds with the funds of other Users and place those Pooled Accounts in one or more bank accounts in Moneytun’s name. Balances in U.S. Dollars that are held in Pooled Accounts may be eligible for FDIC pass-through insurance.
b. Assignment of Interest to Moneytun. User agrees that it will not receive interest or other earnings on the funds that Moneytun handles as its agent and places in Pooled Accounts. In consideration for User’s use of the Service, User irrevocably transfers and assigns to Moneytun any ownership right that User may have in any interest that may accrue on funds held in Pooled Accounts. This assignment applies only to interest earned on User’s funds, and nothing in this Agreement grants Moneytun any ownership right to the principal of the funds User maintains with Moneytun. In addition to or instead of earning interest on Pooled Accounts, Moneytun may receive a reduction in fees or expenses charged for banking services by the banks that hold User’s funds.
c. Security Interest. To secure User’s performance of this Agreement, User grants to Moneytun a lien on and security interest in User’s Account.
6. Withdrawing Money
a. How to Withdraw Money. User may withdraw funds by electronically transferring them to its bank account, requesting a physical check through the mail (U.S. Users only), using payment systems Anelik and Unistream. Checks will be issued only to the addresses indicated in User’s Account. Moneytun will not send checks to P.O. Boxes.
b. Withdrawal Limits. Presently withdrawal limits are set for $9,999.00 USD a day and $30,000.00 a month. In addition, Moneytun may delay withdrawals of large sums of money while Moneytun screens for risk.
7. Closing the Account
a. How to Close the Account. User may close its Account at any time by contacting customer service at email@example.com. User must withdraw its Balance prior to closing its Account.
b. Limitations on Closing the Account. User may not close its Account to evade an investigation. If User attempts to close its Account while Moneytun is conducting an investigation, Moneytun may hold User’s funds for up to 180 Days to protect Moneytun or a third party against the risk of any illegal activity. User will remain liable for all obligations related to its Account even after the Account is closed.
c. Dormant Accounts. If User does not transact for one (1) year, Moneytun will categorize the Account as dormant and may close the Account. If Moneytun does not close the User’s Account and the Account remains dormant, Moneytun may assess an annual dormant account fee in the amount of twenty five (25) USD. If Moneytun does close User’s Account and does not assess the annual dormant account fee, Moneytun may be required to escheat the Balance to the State of Nevada. Users may claim any such funds by contacting the NV State’s Unclaimed Property Administrator.
Fees and other conditions in Exhibit 1 to the Agreement.
9. Restricted Activities
In connection with User’s use of Moneytun’s website, User’s Account, or the Services, or in the course of User’s interactions with Moneytun, or a third party, User will not:
a. Breach this Agreement, the Acceptable Use Policy or any other agreement that User has entered into with Moneytun (including a Policy);
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
c. Infringe Moneytun’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e. Provide false, inaccurate or misleading Information;
f. Refuse to cooperate in an investigation or provide confirmation of User’s identity or of any Information User provides to Moneytun;
g. Use an anonymizing proxy;
h. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
i. Conduct business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to Moneytun, a User, a third party or to User;
j. Access the Services from a country that is included on Moneytun’s restricted countries list.
k. Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless User receives the third party’s express consent to do so;
l. Send unsolicited email to another User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
m. Take any action that imposes an unreasonable or disproportionately large load on Moneytun’s infrastructure;
n. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
o. Use any robot, spider, other automatic device, or manual process to monitor or copy Moneytun’s website without its prior written permission; or
p. Take any action that may cause Moneytun to lose any of the services from its internet service providers, payment processors, or other suppliers.
10. Clearing Bank Details
b. Bank details for adding and receiving funds are provided within the personal cabinet.
For SEPA, all European and Non-European IBAN countries listed on our website www.moneytun.com/iban.html account numbers must be provided in IBAN format.
c. In connection to the Section 11a, User agrees to immediately inform Moneytun of changes in User’s banking details. User should notify and Moneytun must confirm in writing that changes have been applied and User’s bank details were updated, before User submits any withdrawal or funding requests.
d. User agrees to hold Moneytun, its subsidiaries and partners harmless in an unlikely event of Moneytun sending funds to User’s Account, details of which have been changed without knowledge of Moneytun and Moneytun did not confirm, in writing, that changes of User’s bank account details have been applied and updated within Moneytun’s system.
11. User’s Liability — Actions Moneytun may take
a. User’s Liability User is responsible for all fees, fines, penalties and other liability incurred by Moneytun, a Moneytun User, or a third party caused by or arising out of User’s breach of this Agreement, and/or use of the Services. User agrees to reimburse Moneytun, a User, or a third party for any and all such liability.
b. Actions by Moneytun. If User engages in any Restricted Activities, Moneytun may take various actions to protect itself, Moneytun Users, and any third parties from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions Moneytun may take include but are not limited to the following:
1. Moneytun may close, suspend, or limit User’s access to its Account or the Services (such as limiting User’s ability to send money, make withdrawals, or change any Information);
2. Moneytun may update inaccurate Information provided by User to Moneytun;
3. Moneytun may refuse to provide Services to User in the future;
4. Moneytun may hold User’s funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
5. Moneytun may take legal action against User. Moneytun, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to User and payment to User of any unrestricted funds held in custody for User.
6. Moneytun may debit User’s Account to cover all financial expenses in connection to Chargebacks. Parties agree to establish extra mechanisms to include additional financial liability of a User to Moneytun if a Payer makes a Payment, hereunder between Moneytun and the User using a bank credit/debit card, which is a subject to compliance with one of the following conditions:
In the event of a financial claim from a processing bank, which provides Internet acquiring services, for return of funds from Moneytun’s Account, in connection to previously authorized credit/debit card transaction(s). The claim initiated by a holder or issuer of the card in accordance with the rules of the international payment system. (Chargeback) Moneytun has the right to debit all financial expenses including:
6.1 Debit the Account of the User the amount of Chargeback;
6.2 Debit the Account of the User the commission for processing of the Chargeback in Exhibit 1 to the Agreement.
c. Account Closure or Termination of Service. Moneytun, in its sole discretion, reserves the right to close User’s Account, access to its website, or access to the Service for any reason and at any time upon notice to User.
d. Acceptable Use Policy Violation – User Fines. If User violates the Acceptable Use Policy as set forth below in clauses 3.1., 3.2., 3.3. and 3.4. below, then Moneytun may:
1. Increase the fees as set forth in p. 9 by 15%;
2. Fine a User $500.00 USD for each such violation and may take legal action against User to recover additional losses Moneytun incurs. User acknowledges and agrees that $500.00 USD is presently a reasonable minimum estimate of Moneytun’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Moneytun that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Moneytun may deduct such fines directly from any existing Balance in the offending Account, or any other Moneytun Account under User’s control.
3. The specific activities that may subject User to fines and increase the fees by Moneytun are:
3.1. Selling Sexually Oriented or Obscene Materials. Using the Service to receive payments for any sexually oriented or obscene materials or services in violation of the Mature Audiences section of the Acceptable Use Policy;
3.2. Selling Controlled Substances, Steroids, or Prescription Drugs. Using the Service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of the Prescription Drugs and Devices of the Illegal Drugs and Drug Paraphernalia section of the Acceptable Use Policy; or
3.3. Engaging in Gambling Activity. Using the Service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity
3.4. Change the type of activity.
3.4.1. Changing the type of activity of User without the consent of Moneytun.
3.4.2. Change site domain (URL) of User without the consent of Moneytun.
3.4.3. Using the Service for accepting payments for illegal activities.
e. Attorneys’ Fees for Acceptable Use Policy Litigation/Arbitration. If either User or Moneytun commences litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.
a. Notifying Moneytun of Errors. In the event that User believes there has been or will be an error on its Account, User should telephone Moneytun Customer Service at (702) 485-5886 or write to Moneytun, Attn: Error Resolution Department, 3651 Lindell Rd Ste D-225, Las Vegas, NV 89103. If User initially provides notification via the telephone, Moneytun may require that User send a follow-up writing memorializing the complaint or question within 10 Business Days after the phone contact.
b. Review of Reports of Errors. Moneytun will advise User of the results of Moneytun’s investigation within 10 Business Days following receipt of any notice. If Moneytun has made an error, Moneytun will correct it promptly. If Moneytun needs more time, however, it may take up to 45 Days to investigate the complaint or question (and 90 Days for transactions made at a point of sale terminal or outside the United States). At the end of Moneytun’s investigation, Moneytun will advise User of the results within 3 Business Days. If we determine that there was no error, Moneytun will send User a written explanation. User may ask for copies of the documents that Moneytun used in the investigation.
c. Errors. If Moneytun discovers a processing error, Moneytun will rectify the error. If the error resulted in User receiving less money than it was entitled to, then Moneytun will credit User’s Account for the difference. If the error results in User receiving more money than User was entitled to, then Moneytun may debit the extra funds from User’s Account.
d. Release of Moneytun. If User has a dispute with one or more Users, User waives and releases Moneytun (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any such dispute. User understands that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accepts and assumes the risk of such possible differences in fact. In addition, User expressly waives and relinquishes any and all rights which it may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
13. Disputes with Moneytun
a. Contact Moneytun First. If a dispute arises between User and Moneytun, Moneytun’s goal is to learn about and address User’s concerns and, if Moneytun is unable to do so to User’s satisfaction, to provide User with a neutral and cost effective means of resolving the dispute quickly. Disputes between User and Moneytun regarding Moneytun’s Services may be reported to Customer Service online through the Moneytun Help link at any time, or by calling (702) 485-5886 from 8 AM to 6pm Monday-Friday Pacific Standard Time.
b. Arbitration. All disputes that cannot be resolved directly shall be submitted to binding arbitration in Las Vegas, NV under the Commercial Rules of the American Arbitration Association (“AAA”) and shall be finally decided by one arbitrator mutually agreed upon by the Parties in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by the Parties. The arbitration award shall be final and each Party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing Party shall be entitled to costs and reasonable attorney’s fees.
c. Governing law. This Agreement shall be governed in all respects by the laws of the State of Nevada, without regard to conflict of law provisions.
d. Improperly Filed Litigation. All claims User brings against Moneytun must be resolved in accordance with section 14 of this Agreement. All claims filed or brought contrary to section 14 shall be considered improperly filed a breach of this Agreement. Should User file a claim contrary to section 14, Moneytun may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $5,000.00 USD, provided that Moneytun has notified User in writing of the improperly filed claim, and User has failed to promptly withdraw the claim.
e. No Waiver. Moneytun’s failure to act with respect to any breach by User or others does not waive Moneytun’s right to act with respect to subsequent or similar breaches.
f. Limitation of Liability. IN NO EVENT SHALL MONEYTUN OR ITS PARENT, BUSINESS PARTNERS, OR SUPPLIERS (“AFFILIATES”), OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MONEYTUN’S WEB SITE, ITS SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to User. MONEYTUN, ITS AFFILIATES, AND EMPLOYEES’ TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AGGREGATE AMOUNT OF $10,000.00.
g. No Warranty. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MONEYTUN AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, USERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Moneytun does not have any control over the products or services that are paid for with the Service and Moneytun cannot ensure that any buyer or a seller User is dealing with will actually complete the transaction. Moneytun does not guarantee continuous, uninterrupted or secure access to the Service, and operation of the site may be interfered with by numerous factors outside of its control. Moneytun will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Moneytun makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of its control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to User. This paragraph gives User specific legal rights and User may also have other legal rights that vary from state to state.
h. Indemnification. User agrees to defend, indemnify and hold Moneytun, its affiliates and its employees, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of User’s breach of this Agreement and/or User’s use of the Services.
i. Complete Agreement. This Agreement sets forth the entire understanding between User and Moneytun with respect to the Service. Sections 1, 2 (c, e), 5 (c, e), 6 (b, c), 11, 12 (d, e), and 13, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
j. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument.
a. “ACH” means the Automated Clearing House network.
b. “Account” or “Moneytun Account” means a Business Account.
c. “Balance” means any money that Merchant has in its Moneytun’s Account. The terms “money” and “funds” are used interchangeably in this Agreement.
d. “Business Days” means Monday through Friday, excluding Holidays.
e. “Customer Service” is Moneytun’s customer support.
f. “Days” means calendar days.
g. “Fees” means those amounts stated in Section 9 of this Agreement.
h. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Moneytun shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Moneytun shall observe the Holiday on the following Monday.
i. “Illegal Intent” means any activity structurally recognizable, in its early stages, as illegal.
j. “Information” means any confidential and/or personally identifiable Information or other Information related to an Account, including but not limited to the following: name, email address, billing/shipping address, phone number and financial information.
k. “Policy”, or “Policies” means any Policy or other agreement between Merchant and Moneytun that Merchant entered into on the Moneytun website, or in connection with Merchant’s use of the Services.
l. “Pooled Accounts” means Accounts at one or more FDIC-insured banks in which Moneytun will place User Balances that are not invested in the Money Market Fund.
m. “Restricted Activities” means those activities described in Section 10 of this Agreement.
n. “Reversal” means a payment that Merchant received has been removed from Merchant’s Balance for any reason other than a Chargeback or Claim pursuant to a Buyer Protection Program.
p. “User” means any person or entity using the Service.
q. “Chargeback” a financial claim from a processing bank, which provides Internet acquiring services, for return of funds from Moneytun’s Account, in connection to previously authorized credit/debit card transaction(s). The claim initiated by a holder or issuer of the card in accordance with the rules of the international payment system.