Ach Agreement

Last Updated on 23 April 2019

Terms and Conditions for ACH Payment

Welcome to the terms and conditions (the "Terms and Conditions") for use of a bank account registered with Goodly , Inc. ("Goodly") as a payment method on the Goodly website. Please note that your use of the Goodly website is also governed by our Terms of Service, Privacy Policy and Acceptable Use Policy, which may be amended from time to time and are incorporated into these Terms and Conditions. If you choose to use a bank account as your payment method, you accept and agree to these Terms and Conditions.

1. Bank Account Payments

By choosing to use a bank account as your payment method, you will be able to pay the fees due for your use of our Services by using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay by ACH, you are authorizing Goodly (or its agent) to debit your bank account for the total amount of the fees due. Your transaction must be payable in U.S. dollars. Goodly, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. Transactions that we process using your bank account will be identified as "Goodly" (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.

2. ACH Authorization

By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize Goodly (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize Goodly (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your then-current payment plan.

3. Transaction Errors

If you believe that any payment transaction initiated by Goodly (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as at [email protected] Notify us at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We reserve the right to cancel the ability to pay by bank account for any reason at any time.

4. Your Liability for Unauthorized Transactions

Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 30 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.

5. Fees

In consideration for Goodly providing the Goodly Services, Customer shall pay to Goodly the Fees, in accordance with the terms set forth in the applicable Order Form, unless payment is made through automatic debits. Each invoice is due and payable thirty (30) days following the invoice date. 

If Goodly has not received payment within five (5) days after the due date, interest shall accrue on past due amounts at the rate of one and one half percent (1.5%) per month, but in no event greater than the highest rate of interest allowed by law, calculated from the date such amount was due until the date that payment is received by Goodly.

When Customer subscribes to a paid product that is part of the Goodly Services, Customer authorizes Goodly and its designated payment processors to store Customer’s designated bank account information and other related information. Customer authorizes Goodly to automatically debit all applicable charges for such paid product from Customer’s designated bank account via ACH debit on the date such charges become due, as described in the Individual Goodly Services Agreement or other applicable agreement for such paid product. Customer agrees to follow NACHA rules applicable to ACH transactions. 

This authorization to initiate ACH debit transactions will remain in full force and effect until Goodly has received written notice from Customer by email at [email protected] at least thirty days (30) in advance of the date the applicable charges for the paid product become due. Because these are electronic transactions, these funds may be withdrawn from Customer’s designated bank account immediately. In the case of an ACH debit transaction that is rejected for insufficient funds, Customer understands that Goodly may at its discretion attempt to process the debit in the amount of the applicable paid product again within thirty (30) days and Goodly may separately impose a fee of $25 for each transaction returned for insufficient funds, as permitted by applicable law. You certify that you are an authorized user of Customer’s bank account and Customer will not dispute these scheduled transactions with such bank so long as the transactions correspond to this Agreement, the Individual Services Agreement and any other applicable agreement for such paid product.

Customer must notify Goodly in writing if Customer disputes any portion of any fees paid or payable by Customer under this Agreement or any Lease Agreement or Individual Service Agreement. Customer must provide that written notice to Goodly within sixty (60) days of the applicable charge and Goodly will work together with Customer to resolve the applicable dispute promptly. If Customer does not provide Goodly with this written notice of Customer’s fee dispute within this 60 day period, Customer will not be entitled to dispute any fees paid or payable by Customer.

If Customer fails to pay any amounts due by Customer, Goodly may suspend Customer’s and its Users accounts and access to any leased equipment without prior notice. Goodly will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer or any User may incur with connection with any suspension of accounts pursuant to this section.

All amounts and fees stated or referred to in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Goodly's net income.

6. Electronic Delivery of Future Disclosures

You agree to accept all disclosures and other communications between you and us on this website or at the primary e-mail address associated with your Goodly account. You should print and retain a copy of all such disclosures and communications.

7. Agreement Changes

We may in our discretion change these Terms and Conditions at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions.