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E-SIGN DISCLOSURE AGREEMENT

This E-sign disclosure agreement (“Disclosure”) is an integral part of FlexCharge Inc. ("FlexCharge") Terms and Conditions (“Agreement”) governing Merchant’s (or “you”) use of the FlexCharge Factoring Services, and applies to all notices, signatures, disclosures, statements, and other communications (“Communications”) provided by FlexCharge to you regarding the Factoring Services. Any terms not defined herein shall have the meaning ascribed to it under the Agreement. FlexCharge and Merchant shall each be individually referred to as “party” and collectively as “parties”. Capitalized terms used but not defined shall have the meaning escribed to it under the Agreement.

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By using the Factoring Services, you agree to this Disclosure and confirm your consent to (a) receive Communications electronically; and (b) the use of electronic signatures. Your consent to receive electronic Communications includes, but is not limited to:

  • All legal and regulatory Communications associated with your FlexCharge Portal and the Factoring Services.

  • Agreements and notices required to use the Factoring Services, including the Agreement.

  • Payment authorizations and transaction receipts or confirmations; periodic billing statements, account history reports, or such other Communications that we may include from time to time as part of providing you with the Factoring Services.

  • Letters, notices and alerts regarding the Factoring Services and any changes to the Factoring Services;

  • Federal and state tax statements and documents; and

  • Other Communications in connection with (a) your application for the Factoring Services; (b) your FlexCharge Portal; or (c) collection of funds.

The Visitor, Merchant and End User shall all be referred herein as “you” unless otherwise set forth.    

1. REQUESTING PAPER COPIES

We will not send paper copy of any Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Communications by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any particular Communication be mailed to you, contact us at  

legal@flex-charge.com. Please make sure to state that you are requesting a paper copy of particular Communications. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

2. METHOD OF PROVIDING COMMUNICATIONS TO YOU IN ELECTRONIC FORM

All Communications that we provide to you in electronic form will be provided either (a) via e-mail, (b) to the extent permissible by law, by posting them on our website (c) by notifying you through the FlexCharge Portal (d) by requesting you to download a PDF file containing the Communication (e) sending a text message to the mobile phone you provided us during the registration, if applicable (f) delivering them in another electronic format. It is hereby clarified that charges may apply to Communications sent by text or other electronic means.

3. HOW TO WITHDRAW CONSENT

You are free to withdraw your consent to this Disclosure at any time.  To do so, please submit a request to withdraw your consent by email at legal@flex-charge.com.  Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and enforceability of Communication that were previously provided or signed electronically will not be affected. IT IS HEREBY CLARIFIED THAT IF YOU CHOOSE TO WITHDRAW YOUR CONSENT, YOU MAY NOT BE ABLE TO USE THE FACTORING SERVICES.

4. HARDWARE AND SOFTWARE REQUIREMENTS

In order to access, view and retain electronic Communications that we make available, you must have:

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  • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;

  • An e-mail account with an internet service provider and e-mail software in order to participate in our electronic Communications programs;

  • A personal computer or other access device which is capable of accessing the Internet (e.g., you must have a cable internet connection or some other means of access to the internet, and you must have an active account with an Internet service provider), and which can receive HTML files;

  • An operating system on your device capable of receiving, accessing and displaying Communications in electronic form via text-formatted email or gaining access to our website and Platform using a supported browser, including any necessary software (e.g., Adobe to read PDF documents);

5. UPDATING CONTACT INFORMATION

It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your account, and to update us promptly about any changes in this information. You can update your contact information by emailing us to legal@flex-charge.com or through the Merchant Portal. We will not assume liability for non-receipt of notification of the availability of electronic Communications in the event your mobile number, email address or other contact information on file is invalid.

6. UPDATING CONTACT INFORMATION

All Communications in either electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

7. U.S. FEDERAL LAW

You acknowledge and agree that the Factoring Services are subject to the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), and that you intend that the E-SIGN Act will apply to validate your ability to engage electronically in transactions related to the Factoring Services.

8. TERMINATION/CHANGES

We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. If we do so, we will provide you with notice of any such termination or change as required by law.

9. CONSENT

YOU HEREBY GIVE YOUR AFFIRMATIVE CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AS DESCRIBED IN THIS DISCLOSURE. YOU FURTHER AGREE THAT YOUR COMPUTER OR OTHER DEVICE SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS SPECIFIED ABOVE AND THAT YOU HAVE PROVIDED US WITH A CURRENT EMAIL ADDRESS AT WHICH WE MAY SEND YOU ELECTRONIC COMMUNICATIONS.

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