Important Information: Please read this Agreement and Disclosures carefully before activating your uLink Account.
This uLink Account Agreement (“Agreement”) sets forth the terms and conditions (“Terms and Conditions”) governing the use of your uLink Account. By registering and using the uLink Account service and/or downloading the uLink mobile application (“uLink App”) or uLink website available at www.ulink.com (“uLink website), you agree to be bound by the Terms and Conditions set forth in this Agreement.
“You” and “yours” means you the Customer who has registered for a uLink Account and is authorized to use the uLink Account as provided for under the Terms and Conditions of this Agreement.
“We,” “us,” and “our” means Servicio UniTeller, Inc. (d/b/a “uLink”) and our successors, as- signees or affiliates. Servicio UniTeller, Inc. is referred to in this Agreement as “the Company” or “uLink”.
May Be Used Only for uLink-Related Transactions. The uLink Account is a prepaid payment program that allows you to place funds in your uLink Account for use in paying for Servicio UniTeller, Inc. services, including money transfers via our uLink online platform and sending funds to other uLink Account holders.
The uLink App. The uLink App enables you to use your mobile device to access your Account for payment for services through uLink.
Hardware and Software Requirements. In order to access the Account and retain Account-related documents and communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with our e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, and (v) to the extent that you wish to retain paper copies of Account-related documents and communications, a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile by contacting our customer service at 1-800-456-3492.
Funds May Only Be Loaded Via the uLink App and uLink Website. You may load funds to your uLink Account by accessing the uLink App (when available) or uLink website (when available) and transferring funds from your bank account (via ACH), a debit card or credit card.
Not a Bank Account and Not Accessible directly at ATMs. Your uLink Account does not constitute a bank account or savings account and is not directly insured by the FDIC. Your funds in the uLink Account will be held at an FDIC-insured institution. You will not receive any interest on any funds placed in the Account.
Not a Gift Card and Not Transferrable. The uLink Account is not a gift card and may not be transferred or gifted to another person. The uLink Account is not a debit card; funds that you place in the uLink Account may not be accessed from an ATM and you cannot use your uLink Account to pay for goods or services at retail merchant locations.
Not More than One uLink Account at a Time. You may not maintain or control more than one (1) uLink Account. If uLink discovers that you are maintaining or controlling more than one (1) uLink Account, uLink reserves the right to cancel either, both, or all of your uLink Account(s). If uLink cancels your uLink Account(s) for any reason, uLink will refund to you the full amount(s) of your then-available balance(s) for the cancelled Account(s) within ten (10) Business Days (defined below).
No Illegal Activity. You may not use your uLink Account for any illegal activity or illegal transactions.
Your Right to Cancel. You may cancel your uLink Account and this Agreement at any time by contacting Customer Service at the number or email address at Section 11 below. Your termination of this Agreement will not affect any of our rights, our obligations or your obligations arising under this Agreement prior to termination. If your uLink Account is cancelled upon your request, we will send you a check for all remaining funds after deducting any applicable fees, charges, and outstanding transactions.
Recurring Transactions. Your uLink Account may not be used for recurring transactions. “Recurring transactions” are transactions that you schedule in advance to be automatically charged to your uLink Account on a repeated basis.
By registering for and using the uLink Account, you acknowledge and accept electronic receipt of: (a) this Agreement; and (b) the Electronic Fund Transfer Act (“EFTA”) long and short form disclosures (collectively, “Disclosures”). You agree that you have read this Agreement and the Disclosures in their entirety and will abide by their terms and conditions, including by the Terms and Conditions.
You consent to receive electronic communications, including this Agreement, Account statements, Disclosures, and other notices (together, “Communications”), from us in connection with your uLink Account. You agree that uLink may contact you by email at any email address you provide to us in connection with your uLink Account or uLink services. By accepting this Agreement, you agree that it is subject to the Federal Electronic Signature in Global and National Commerce Act (E-Sign). Continued use of your uLink Account requires that you agree to receive all Communications from us electronically. You can withdraw your consent to receive Communications electronically by calling or writing to us as follows:
Email us at: [email protected]
Or call us at: 1-800-456-3492
Or write to us at: Servicio UniTeller INC, 4516 Seton Center Pkwy Ste 125, Austin, TX. USA. 78759
If you prefer to receive Communications electronically, you have the right to withdraw your consent, in which case we may terminate your uLink Account.
By registering the uLink Account, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have provided us with your name, date of birth, residence address (not a P.O. Box), and identification number; (iii) the personal information that you have provided to us in registering for your uLink Account is true, accurate and complete; and (v) you have received this Agreement and agree to be bound by its Terms and Conditions.
You hereby authorize uLink to add or deduct funds from your uLink Account based on your requests to load funds to your uLink Account and/or based on transactions you conduct in accordance with this Agreement. You acknowledge and agree that funds loaded to your uLink Account may only be used to for transactions and/or payments processed by uLink under the terms of this Agreement.
For the purposes of this Agreement, “Business Day(s)” means Monday through Friday, excluding the following holidays observed by the Company’s offices in the United States: New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Juneteenth National Independence Day (June 19), 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, the Company observes the holiday on the prior Friday. If the holiday falls on a Sunday, the Company observes the holiday on the following Monday.
You are not permitted to exceed the available balance in your uLink Account. In the event that a transaction that you authorize is approved (due to a uLink system malfunction or otherwise) that exceeds the balance of the funds available in your uLink Account, you shall remain fully liable for the amount of the transaction. In such event, you agree to pay uLink promptly for the shortage upon our request. (In the event of an unauthorized transaction, you have certain rights under Paragraph 18 of this Agreement.)
You will get a monthly Account statement by email (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly). You also may review your Account statements, current Account balance, and transaction history by referring to the uLink App or the uLink website. In addition, you may contact Customer Service at the number specified below for your current Account balance or for information about specific transactions.
Subject to applicable law, at any time uLink may (i) terminate or suspend your use of an uLink Account, (ii) modify or suspend the type or dollar amount of transactions in connection with your uLink Account, or (iii) change our customer verification process for registering for an uLink Account. uLink also may change or modify these Terms and Conditions at any time without notice to you. uLink may revise these Terms and Conditions at any time by updating these terms on our website. In such event, you are bound by such amendments, and therefore you should periodically review the current Terms and Conditions as posted by uLink on its website. Notwithstanding the foregoing, if the Company revises or amends this Agreement or the Disclosures, the Company will send the revised or amended Agreement or Disclosure(s), as applicable, to your email address on file.
uLink’s fees are set forth in our Short Form Fees and Long Form Fees Disclosures, which are provided herewith.
Telephone us, e-mail, or write us at the contact information set forth below as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Email us at: [email protected]
Or call us at: 1-800-456-3492
Or write to us at: Servicio UniTeller INC, 4516 Seton Center Pkwy Ste 125, Austin, TX. USA. 78759
When you contact us, please provide the following information:
(1) Tell us your name and Account number (or provide information that enables us to identify your Account number).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error (if applicable).
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
For errors involving new accounts or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you need more information about our error resolution procedures, please call us at the telephone number set forth above.
Please refer to the Remittance User Agreement for additional error resolution rights that apply to our remittance/money transfer services.
EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE ULINK ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE THE ULINK ACCOUNT OR FUNDS CONTAINED THEREIN, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If we do not complete a transfer to or from your uLink Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your Account to make the transfer;
(2) If one or more of the uLink App, the uLink Website, or the Company’s systems was or were not working properly and you knew about the problem(s) when you initiated the transfer;
(3) If circumstances beyond our control (such as fire, flood, pandemic, natural disaster, or war) prevent the transfer, despite reasonable precautions we have taken;
(4) We do not complete the transaction because you have reported to us that your mobile device containing access to your uLink Account has been lost or stolen, or someone has gained unauthorized access to your uLink Account;
(5) We do not complete the transaction because your uLink Account has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
(6) As otherwise provided in this Agreement.
Your uLink Account funds do not automatically expire. If, however, we have no record of uLink Account activity for three or more years, applicable state law may require us to report and pay any unclaimed funds remaining in your uLink Account, subject to permissible fees, pursuant to the escheat and unclaimed property laws of your state of residence. Should your uLink Account have a remaining balance after a certain period of time, we may be required to remit those funds as abandoned property to the appropriate state agency.
You are solely responsible for maintaining the confidentiality of your uLink Account user identification, passwords, and access to your mobile device or computer. If you share this information with anyone, that person may be able to use your uLink Account to transfer your funds to another person, or to access your information and transaction history.
Information We Collect.In providing the uLink Account services uLink will collect the following information: (a) information such as your name, address, tax identification number, identification number and email address that you provide when you register for an uLink Account; and (b) information about transactions made to or from an uLink Account, such as date, amount, and beneficiary and/or payee information.
How We Use Your Information. We use information about your Account or the transfers you make (together, your “Information”) to process transactions you have requested. We do not sell or trade your Information, or (except as set forth herein) otherwise transfer to outside parties your Information. We may disclose your Information to third parties: (1) where it is necessary for completing transactions that you have requested; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with a government agency order or court order, subpoena, or other legal requirement; (3) with your written permission; or (4) to our trusted employees, auditors, affiliates, service providers, or attorneys as needed and in accordance with applicable law.
Tell us AT ONCE if you believe your Account number, PIN, or password (each, an “Account code”) or the mobile device or computer holding your Account code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account code. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 Business Days after you learn of the loss or theft of your Account code, you can lose no more than $50 if someone used your Account code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Account code, and we can prove we could have stopped someone from using your Account code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by Account code or other means, tell us at once. If you do not tell us within 60 days after the statement was transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you are paying for an international money transfer via your uLink Account, the transaction may be canceled for a refund of the full transfer amount and any fees paid within 30 minutes of payment, unless the funds have been picked up or deposited to the recipient’s bank account. In order to request a cancellation within 30 minutes please contact us at 1-800-456-3492 or [email protected]
For more information on your rights and uLink’s obligations concerning our remittance/money transfer services, please see the Remittance User Agreement available here.
This agreement shall be governed by the laws of the State of New Jersey (without regard to that state’s conflict of law principles) and applicable federal law. A determination that any provision of this agreement is unenforceable or invalid shall not render any other provision of this agreement unenforceable or invalid.
PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU AGREE THAT ANY DISPUTE ARISING OUT OF YOUR ULINK ACCOUNT OR THIS AGREEMENT, WHICH CANNOT BE RESOLVED AMICABLY BETWEEN US, WILL BE RESOLVED BY BINDING ARBITRATION. IN THAT CASE, ARBITRATION WILL REPLACE YOUR RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION LAWSUIT OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.
(a) What is Arbitration? “Arbitration” is a process for dispute resolution whereby and independent third party (called the “arbitrator”) resolves a Dispute. A ‘Dispute’ will include any type of claim or controversy between you and uLink. The term Dispute includes all claims or demands, past, present, or future, and based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought. A Dispute includes, by way of example, any claim based upon a federal or state law, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.
(b) Arbitration Rules. In the event of a Dispute which we cannot amicably resolve relating to or arising out of your uLink Account or this Agreement, you agree to arbitrate the Dispute. Arbitration may be conducted by a single arbitrator with either JAMS or the American Arbitration Association (‘AAA’) or other arbitration organization agreed upon by both parties. If JAMS is selected, the arbitration will be handled according to JAMS’ Streamlined Arbitration Rules. If the AAA is selected, the arbitration will be handled according to AAA’s Commercial Arbitration Rules. You may obtain a copy of the rules for JAMS by contacting JAMS at www.jamsadr.com and for the AAA by contacting the AAA at www.adr.org. Unless otherwise agreed by the parties, any arbitration hearings will take place in the federal judicial district in which you reside. You also agree that any dispute as to whether your claim falls within the scope of this arbitration clause shall be determined solely by the arbitrator, and not by a court.
(c) Individual Disputes Only. Disputes may be submitted to arbitration on an individual basis only. Disputes subject to this arbitration provision may not be joined or consolidated in arbitration with any claim or dispute of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person or group, unless otherwise agreed to by the parties in writing.
(d) Arbitration Fees. At your request, in the event of a Dispute associated with a consumer account, uLink will advance your filing and
hearing fees for any arbitration under this Agreement; the arbitrator will decide whether we or you will ultimately be responsible for those fees.
(e) Procedure. The determination of the arbitrator shall be binding on both parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and will comply with all applicable claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant such relief as would be available in court under law or in equity. Any appropriate state or federal court may enter judgment upon the arbitrator’s award. This arbitration provision is made in accordance with a transaction involving interstate commerce and shall be governed by the FAA.
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