Terms of Service

Last updated: October 19, 2022

Thank you for using OrbisPay. These terms of service (“Terms of Service”) constitute a legal agreement between you and Orbis Financial Technologies Inc. (“OrbisPay”), a Delaware corporation. As used in these Terms of Service, the words “you” and “your” refer to you, the user of the OrbisPay Services (as defined below), as the party agreeing to these Terms of Service. The words “we”, “us”, “our,” and any other variation thereof refer to OrbisPay. Any reference to “OrbisPay” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term “OrbisPay Services” includes all services associated with OrbisPay’s websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word “including” in these Terms of Service used to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

Capitalized terms not defined in the applicable paragraph will have the meaning in Section 15 below.

1. Acceptance of Terms

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ORBISPAY SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE ORBISPAY SERVICES. You may not use the OrbisPay Services or accept these Terms of Service if (a) you are not of legal age to form a binding contract with OrbisPay; (b) you are prohibited by law from receiving or using the OrbisPay Services; or (c) you are not a U.S. resident.

OrbisPay may modify these Terms of Service from time to time. Any changes to these Terms of Service will be posted on the OrbisPay website. The Terms of Service will always indicate the date they were last revised. When you use the OrbisPay Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.

 

2. Privacy and your Personal Information

For information about OrbisPay’s data protection practices, please read OrbisPay’s Privacy Policy, which is hereby incorporated into this Terms of Service. This policy explains how OrbisPay treats your Information (as defined in Section 4) when you use the OrbisPay Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

The Privacy Policy is hereby incorporated into these Terms of Service, and your acceptance of the Terms of Service also constitutes an acceptance of the Privacy Policy.

 

3. Account Creation

To access OrbisPay Services, you are required to register yourself by creating an account at OrbisPay application. To effectively create an account and provide seamless OrbisPay Services, you may be required to provide registration information for identification and authentication purposes. It is your sole responsibility to provide updated, accurate, complete, and authentic information, as any contravention would lead to termination of the account and OrbisPay Services. The account creation process requires you to select a unique password(s) for logging-in purposes. You are solely responsible for maintaining the confidentiality of such passwords and any activity related to your account. Under no circumstances should you share your password(s) with anyone, and OrbisPay will not be responsible for any breach or data theft resulting from such sharing of credentials.

 

4. Your Information

 

You agree to provide accurate profile information, including, as applicable, your name, physical address, email address, work history and related information, and any additional information required for the provision of the OrbisPay Services (your “Information”). You further agree to promptly update all your Information whenever the information provided to us is no longer accurate. You can update your Information by clicking on the settings link after logging in. If you need help in changing your information, please email us at [email protected]. If you do not do this, the accuracy and effectiveness of the OrbisPay Services provided to you will be affected. You represent that you are a legal owner of your Information. You are authorized to provide us with, all Information and other information necessary to facilitate your use of the OrbisPay Services. We are not responsible for any payment processing errors or fees or other OrbisPay Services-related issues arising from your failure to keep your Information current, accurate and complete.

 

In order to allow you to use certain OrbisPay Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the OrbisPay Services.

 

If you believe that your Information or a device that you use to access any site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us immediately at [email protected].

 

5. Third-Party Websites

OrbisPay's website may contain links to external resources, websites, or non-affiliated third parties that are independent of OrbisPay. These third-party services are governed by their own policies, and OrbisPay is not responsible for such policies and practices. We do not endorse or recommend such external resources, and your access to those links and third parties is at your own risk. Any dealings, transactions, and correspondence are entirely between you and those third parties. OrbisPay under no circumstances is liable for any damage, loss, or harm resulting from your direct or indirect dealings with such websites or third parties.

 

6. Disclosure and Consent to Electronic Communications

 

You understand and agree that you are entering into these Terms of Service electronically and that OrbisPay may provide certain categories of information (“Communications”) to you by electronic means (e.g., email, through the OrbisPay Service or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

  • these Terms of Service and any amendments, modifications, or supplements;

  • records of any payment and other transactions you handle through the OrbisPay Services, including payment histories and transaction confirmations;

  • disclosures or notices provided in connection with the OrbisPay Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);

  • any customer service communications, including communications concerning claims of error or unauthorized use of the OrbisPay Services; and

  • any other communication related to the OrbisPay Services.

 

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the OrbisPay Services.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting [email protected] and stop using the OrbisPay Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.

In our sole discretion, we reserve the right to suspend the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. We will notify you of any such termination or change as required by law.

 

7. Consent to be Contacted By Postal Mail, E-Mail and Telephone

By submitting your contact information to us, you are providing us express authorization to be contacted by us via postal mail, e-mail or telephone regardless of the fact that you have registered your personal or business contact number at the Do-Not-Call Registry maintained and administered by Federal Trade Commission, or any other state or institute specific Do-Not-Call List.

 

To provide seamless service and enhanced consumer experience, we may need to contact you for purposes and situations pursuant to the Terms of Use and Privacy Policy. By consenting to be contacted through the aforementioned mode of communication, you are giving us an express authorization to use automatic dialing devices or pre-recorded voice messages in connection with any telephonic or mobile telephonic calls that could result in charges to you.

 

8. Fees

Processing Fee

 

You will be charged a flat fee (the “Processing Fee”) in the amount shown when you request your On-Demand Pay from OrbisPay. The Processing Fee represents OrbisPay’s costs associated with processing your request. The Processing Fee is not dependent on the amount you request from OrbisPay. You incur the Processing Fee for each request of On-Demand Pay that you make.

 

Additional Fees

 

There are no additional fees for using the OrbisPay Services.

 

9. OrbisPay Services

 

Your right to access and use OrbisPay Services is personal to you and is not transferable by you to any other person or entity. You may only access and use the OrbisPay Services for lawful purposes. OrbisPay has partnered with your Payroll Provider, Employer, or both to provide you access to the OrbisPay Services.

 

Upon distribution of your On-Demand Pay, you, or OrbisPay on your behalf, will notify your Payroll Provider and employer that you have received On-Demand Pay. Such notice will represent your acknowledgment that you have received a portion of your Receivable Earnings in an amount equal to the distribution and paid the Processing Fee and constitute your authorization for the Payroll Provider and Employer to withhold an equal amount from your next Distribution.

Upon receipt of the On-Demand Pay, you acknowledge that you have fully received your Receivable Earnings in an amount equal to the On-Demand Pay and Processing Fee (together, your “Paid Earnings”). By using the OrbisPay Services, you warrant that the Receivable Earnings are just and due and that the amount of Receivable Earnings is greater than the amount of Paid Earnings. You acknowledge and agree that this disbursement of earnings represents a full and complete payment of your Receivable Earnings up to an amount equal to the Paid Earnings.

 

In the event that you have received On-Demand Pay, it may constitute fraud for you to notify your Payroll Processor or Employer that you have not received a portion of your Receivable Earnings through your use of the OrbisPay Services.

 

OrbisPay uses several variables to determine your earned income, which may include but is not limited to, earnings history, time and attendance data, and employer confirmation. In rare instances, the determination of your earned income may be incorrectly calculated. As a result, our system may distribute an amount of On-Demand Pay in excess of your earned income. In such an instance, you authorize such amounts to be deducted from your next following Distribution. if this would create any financial issue for you, please reach out to OrbisPay ‘[email protected]’, where our support staff will work with you on this issue. You may withdraw this authorization at any time. For clarity, you will never incur additional fees due to this, and you will not be charged any additional amounts.

 

Your access and use of OrbisPay Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the OrbisPay Service, or other actions that OrbisPay, in its sole discretion, may elect to take. In no event will OrbisPay be liable to any party for any loss, cost, or damage that results from any period of downtime of the sites or Services.

 

10. Employee Authorization for ACH and other Debits to Settle Applicable Processing Fee

Certain states do not permit payroll deductions by Employers for items such as the Processing Fee. If your Employer is not permitted to use payroll deduction to settle your Processing Fees incurred for accessing On-Demand Pay, you may be required by OrbisPay to settle such applicable Processing Fees through your bank account or debit card. In such cases, by accessing On-Demand Pay you will incur a flat Processing Fee per transaction that will be debited from your bank account/debit card on your scheduled payday. By receiving On-Demand Pay, you authorize OrbisPay to recover such applicable Processing Fee by debiting your bank account/debit card on your scheduled payday to settle outstanding Processing Fees for the previous pay cycle.

 

In the event settlement of the applicable Processing Fee is partially or wholly unsuccessful on the scheduled payday due for any reason, you authorize OrbisPay to make one further debit attempt to settle the outstanding Processing Fee. However, if OrbisPay is unable to recover the Processing Fee due to any reason other than an administrative error by OrbisPay, your access to On-Demand Pay services will be suspended after 5 business days of the outstanding Processing Fee. OrbisPay’s failure to exercise such right in 5 business days shall not be deemed a waiver of the right to exercise such right in other ways, not in conflict with the express provisions of these Terms of Service. Your access to On-Demand Pay will remain suspended until OrbisPay has received the outstanding Processing Fee.

 

You may revoke authorization to debit your bank account/debit card for outstanding Processing Fees by notice to OrbisPay at [email protected] at least 5 business days before the scheduled payday. If you fail to provide prior notice, OrbisPay will not have any liability for a preauthorized electronic debit. The revocation of your authorization to settle the Processing Fee through direct debit will result in the suspension of your access to OrbisPay On-Demand Pay services until (i) you re-authorize OrbisPay to settle Processing Fees through direct debit and (ii) all accrued and outstanding processing Fees have been paid.

 

If your Processing Fees are paid by direct debit rather than by payroll deduction, you agree that you will maintain a sufficient balance in your bank account/debit card to pay the Processing Fees when due. If you fail to maintain balances sufficient to cover pre-authorized debits, your bank or other financial institution may charge you fees. OrbisPay assumes no responsibility, and you will hold Orbis harmless for, any third-party fees resulting from your failure to maintain your balance on scheduled payday. If the payment method you selected is jointly owned, you represent and warrant that you, in your individual capacity, are allowed to authorize OrbisPay to charge your bank account/debit card, and you will indemnify and hold OrbisPay harmless against any claims by the joint owner of the payment method.

 

OrbisPay will not engage in any debt collection activities related to an outstanding Processing Fee, place such fee as debt with or sell it to a third party, or report to a consumer reporting agency concerning the outstanding Processing Fee.

 

If for any reason, including administrative or technical (application programming interface malfunction) or other, OrbisPay erroneously debits the applicable Processing Fee from your bank account/debit card, you authorize OrbisPay to electronically credit your bank account/debit card to correct the erroneous debit.

 

11. Modification to OrbisPay Services

 

OrbisPay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OrbisPay Services with or without notice. We reserve the right to change the OrbisPay Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a current active user of the OrbisPay Services, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the OrbisPay Services, you may stop using the OrbisPay Services. Your use of the OrbisPay Services after being notified of any change(s) will constitute your agreement to such change(s). You agree that OrbisPay shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the OrbisPay Services.

 

12. Rights You Grant to Us

 

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to OrbisPay through the OrbisPay Service, you are licensing that content to OrbisPay solely to provide the OrbisPay Service.

 

OrbisPay may use and store the content to provide the OrbisPay Service to you. By submitting this content to OrbisPay, you represent that you are entitled to submit it to OrbisPay for use for this purpose, without any obligation by OrbisPay to pay any fees or other limitations.

 

By using the OrbisPay Service, you expressly authorize OrbisPay to access your Information, including any maintained by identified third parties, on your behalf as your agent. OrbisPay will submit information, including usernames and passwords, that you provide to log you into the site. You hereby authorize and permit OrbisPay to use and store the information submitted by you to the OrbisPay Service (such as account passwords and usernames) to accomplish the foregoing and configure the OrbisPay Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Information to you as part of the OrbisPay Service, you grant OrbisPay a limited power of attorney and appoint OrbisPay as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ORBISPAY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, ORBISPAY IS ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the OrbisPay Service is not sponsored or endorsed by any third parties accessible through the OrbisPay Service.

 

13. No Unlawful or Prohibited Use

 

As a condition of your use of the OrbisPay Services, you represent and warrant to OrbisPay that you will not use the OrbisPay Services for any purpose that is unlawful or prohibited by these Terms of Service.

 

You agree that you will not:

 

  • request Receivable Earnings in which you do not have complete right, title and interest;

  • use the OrbisPay Services in any manner that could damage, disable, overburden, or impair the OrbisPay Services;

  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the OrbisPay Services;

  • access the OrbisPay Services by any means other than through the interface that OrbisPay provides for use in accessing the OrbisPay Services;

  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the OrbisPay Services; or

  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the OrbisPay Services.

If OrbisPay, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect OrbisPay, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

 

  • we may close, suspend, or limit your access to your account or ability to use the OrbisPay Services;

  • we may update inaccurate information you provided us;

  • we may refuse to allow you to use the OrbisPay Services in the future;

  • OrbisPay will not report your payment history to a credit bureau; and

  • we may hold you liable to OrbisPay for the amount of OrbisPay’s damages caused by your violation of these Terms of Service

  • OrbisPay, in its sole discretion, reserves the right to terminate these Terms of Service or your access to the OrbisPay Services for any reason and at any time with or without notice to you.

 

14. OrbisPay’s Intellectual Property Rights

 

All content included or available in connection with the OrbisPay Services, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by OrbisPay or the licensors or suppliers of OrbisPay and is protected by the U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the OrbisPay Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of OrbisPay or the appropriate licensor or supplier.

 

Any feedback, questions, comments, suggestions, ideas, or the like you send to OrbisPay will be treated as non-confidential and non-proprietary, and OrbisPay will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.

 

15. Copyright Infringement

OrbisPay takes all reasonable steps and measures to respect the copyright interests of others. If you believe that your copyrighted work has been infringed by OrbisPay unintentionally, you should provide a written notice that accurately and adequately (i) identifies the material that has been copied or used, (ii) specifies the details (name, e-mail address and contact information) of the complainant (iii) provides sufficient evidence to prove the ownership of exclusive rights over such work (iv) states that the complainant in good faith believes that the usage of copyrighted material by OrbisPay is not authorized by the law and the copyright owner. OrbisPay, after required due diligence, will respond at its earliest to effectively resolve the complaint of the complainant. All such copyright infringement notices shall be sent at [email protected].

 

16. Disclaimer of Presentation and Warranties

 

THE ORBISPAY SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORBISPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE ORBISPAY SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ORBISPAY SERVICES IS AT YOUR SOLE RISK.

ORBISPAY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE ORBISPAY SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ORBISPAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

 

17. No Personal Advice or Endorsement

ORBISPAY AND THE ORBISPAY SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. ORBISPAY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

OrbisPay does not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Information. Any information made available through the OrbisPay Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.

 

You understand and agree that any alerts provided to you through OrbisPay Services may be delayed or prevented by various factors. OrbisPay makes commercially reasonable efforts to provide alertspromptly with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. OrbisPay shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.

 

18. Limitation of Liability

 

ORBISPAY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE ORBISPAY SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE ORBISPAY SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE ORBISPAY SERVICES, EVEN IF ORBISPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, ORBISPAY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

 

19. Exclusions and Limitations

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.

 

20. Indemnification of OrbisPay

 

You shall defend, indemnify and hold harmless OrbisPay and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.

 

21. Governing Law & Forum for Disputes

 

These Terms of Service, and your relationship with OrbisPay under these Terms of Service, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws’ provisions. Any dispute with OrbisPay, or its officers, directors, employees, agents or affiliates, arising under or concerning these Terms of Service shall be resolved exclusively through the small-claims court of the Justice of the Peace Court of Delaware except imminent harm requiring temporary or preliminary injunctive relief in which case OrbisPay may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, OrbisPay is able to offer the OrbisPay Services at the terms designated and that your assent to this provision is an indispensable consideration to these Terms of Service.

 

22. Waiver of Trial by Jury

 

You also acknowledge and understand that, with respect to any dispute with OrbisPay, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the OrbisPay Services or these Terms of Service:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

 

23. Definitions

 

In these Terms of Service, including the recitals, the following words and phrases will have the following meaning:

“Distribution” means the final processing and settlement of earnings or salary to you by Payroll Processor at the end of a pay period;

“On-Demand Pay” means the amount of accrued earnings that you have requested for payment by OrbisPay. In no event will the On-Demand Pay exceed 50% or $500 (whichever is lower) of the Receivable Net Earnings in case of W-2 workers (employees); whereas 1099 workers (independent contractors) can access up to 100% or $500 of the Receivable Gross Earnings.

“Payroll Processor” means the company that provides you with payroll settlement processing, including but not limited to Distribution;

“Receivable Earnings” mean the accrued wages that are payable, but not yet paid, for work that you have performed.

24. Miscellaneous

 

If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.

 

You agree that if OrbisPay does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which OrbisPay has the benefit of under any applicable law), this will not be taken to be a formal waiver of OrbisPay’s rights and that those rights or remedies will still be available to OrbisPay.

 

All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Services. These Terms of Service represent the entire understanding and agreement between you and OrbisPay regarding the same subject matter and supersede all other previous agreements.