A. Consent

As a condition of your use of the Service, you consent to: having your Bank Account debited (or credited), your Debit Card debited (or credited) and/or your Credit Card Account charged against electronically to pay for any transfers you initiate at the Web site using our Service(s) as well as any applicable fees, including Consumer Fees, and other charges; electronically signing (by use of an electronic signature that evidences your identity) required documents and agreements; and receiving all required disclosures, notices, statements and other communications from us electronically (we may, at our sole discretion, post them at the Website or email or send them to you) (the "Electronic Consent").

B. Categories of Communications

You understand and agree that we may provide you with disclosures, notices and statements and other communications and information regarding our Service, your Transfers, the debiting (or crediting) of your Bank Account, debiting or crediting of your Debit Card and/or charging of your Credit Card Account ("Communications"), in electronic form, including but not limited to the following categories of communications:

i. Your records of Transfers, including without limitation, histories and confirmations of individual Transfers.

ii. Any initial, periodic, annual or other disclosures or notices provided in connection with the Service(s), your Transfers, debiting or crediting of your Debit Card and/or the charging of your Credit Card Account and any others required by applicable law.

iii. Any notice or disclosure regarding fees or charges, including without limitation, any Consumer Fee(s) imposed for Transfers or for an electronic debit to your Credit Card Account that is returned for any reason, such as insufficient funds or line of credit or a stop-payment order.

iv. Any customer service communications, including without limitation, communications with respect to claims of error or unauthorized use of Service(s).

v. Any change in the terms and conditions of use of the Service(s).

vi. Privacy statements or notices.

vii. Any other legally required statements, including without limitation, Transfer Receipts.

viii. Any other communication related to the Service(s).

ix. This Electronic Consent.

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, except as otherwise set forth in this agreement. All communications in either electronic or paper format will be considered to be "in writing."

C. Retaining Copies For Your Records

You should print a paper copy of any electronic communication that is important to you and retain the copy for your records. If you do not wish to receive this Electronic Consent or the communications electronically, you may not use our Service(s).

D. Electronic Signatures

You understand and agree that we may electronically provide you with documents and agreements for your electronic signature.

E. How To Withdraw Consent

Your Electronic Consent shall remain in full force and effect unless you provide written notice of your withdrawal of this Electronic Consent to us at uts trx SA Payment Systems, info(at)utstrx.com, Attn: Customer Service. Your withdrawal will only become effective after we have received such written notice and have had a reasonable amount of time to process it. We do not currently impose a fee to withdraw your Electronic Consent, but we retain the right to charge fees for withdrawal at a later date if we provide you with a notice of such a change-in-terms, either through an email to you or by posting such a change-in-terms on the Website.

If you choose not to agree to this Electronic Consent, or you withdraw your Electronic Consent, you cannot use our Service(s). Your withdrawal of this Electronic Consent will cancel your agreement to use electronic records and electronic signatures, and therefore, your ability to use these Service(s).

F. How To Update Your Records

You agree to promptly update your records if your email address or other information that we need to contact you electronically in your Profile changes. Follow the instructions on the Web site to update your Profile.

If you do not promptly update your contact information in your Profile, you understand and agree that any communications shall nevertheless be deemed to have been provided to you if they (a) were emailed to the email address in your Profile records or (b) made available electronically at the Website as provided in this Electronic Consent.

G. Delivery Of Electronic Communications

Communications may be posted on the Website (or other Website(s) disclosed to you) and/or delivered to the email address you provide. If we post a Communication only at the Website (or other Website(s) disclosed to you), we will inform you of its availability at the Website via an email sent directly to you. In such instances, we will leave such communication posted at the Website for at least 90 days from the date it first becomes available or from the date the email notice was sent alerting you of the communication, whichever is later. You agree that these are reasonable procedures for sending and receiving electronic communications.

H. Hardware And Software Requirements

In order to access and retain communications and use our Service(s), you must have:

i. An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above.

ii. An email account and email software capable of interfacing with uts trx''s systems.

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.

v. A printer that is capable of printing from your browser and email software.

1. Obtaining Paper Copies

You may obtain a paper copy of any legally-required communications and or agreement that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions for up to 24 months after such communication or agreement has been provided or made available to you electronically. You may request such a paper copy by sending a detailed written request to uts trx SA Payment Systems, Boulevard de Pérolles 7, 1700 Fribourg, PO Box 1424, Fribourg, Switzerland, Attn: Customer Service. Although we do not currently impose a fee for a paper copy of our electronic records, we reserve the right to charge fees for paper copies at a later date if we provide you with a notice of such a change-in-terms, via an email directly to you or by posting such a change-in-terms on the Web site.

When you click on the check box just before you initiate a Transfer, you agree that:
(i) your computer system meets the minimum hardware and software requirements set forth above and you can read and print any communications that we make available to you electronically
(ii) you are affirmatively agreeing to this Electronic Consent and receiving communications electronically (not in paper form)
(iii) you consent to your Debit Card being debited (or credited) and/or Credit Card Account being charged electronically to pay for the Transfers you initiate through the Website and applicable Service fees, including Consumer Fees, and other applicable charges
(iv) you consent to using an electronic signature on required documents and agreements including any agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions
(vi) your consent reasonably demonstrates that you can access information electronically, you are able to use an electronic signature, and any electronic signature that you provide on any agreements that you will be required to sign in order to authorize ACH debits/credits and/or for credit card transactions shall be valid and binding.

2. Acceptance of Terms

These Terms and Conditions (this "Agreement") set forth the terms and conditions governing your use of the uts trx SA eTransfer service offered by uts trx SA. You are bound by this Agreement if you use either Service. Please read this carefully. By accepting this Agreement, you agree that you have read and understand this Agreement and that you will be bound by and comply with all of its terms.

3. Definitions

As you read this Agreement please keep in mind that the following terms, when capitalized, will have the following meanings:

"ACH" is the automated clearing house.

"Biller" is a company that has authorized uts trx SA to accept payments on its behalf from consumers.

"Business Day" means a day, other than a Saturday, Sunday or banking holiday, that banks in the United States are open for business to the public.

"Consumer Fee" is the fee charged to a Sender to complete either an eTransfer.

"Credit Card Account" is a Credit Card Account related to the VISA or MasterCard credit card issued by a financial institution that a Sender authorizes uts trx SA to charge against in order to pay the Transfer Amount and Consumer Fee, whether as the initial form of payment or as a back-up funding source to the Bank Account.

"Debit Card Account" is a Debit Card Account related to the VISA or MasterCard debit card issued by a financial institution insured depository that a Sender authorizes uts trx SA to charge against in order to pay the Transfer Amount and Consumer Fee, whether as the initial form of payment.

"eTransfer" is an online money transfer Service provided by uts trx SA at the Website that allows an individual to Transfer money to another individual.

"Location" is a facility operated by a Representative where a Receive Amount can be collected by a Receiver.

"Password" is the private security code created by the Sender that permits access to the Sender's Profile.

"Profile" is the informational record that will be maintained by uts trx SA based upon the information supplied by a Sender.

"Receive Code" is the six-digit code xxx-xxx that identifies a Biller.

"Receiving Country" is the country where the Receiver receives the Receive Amount.

"Receipt" is the form containing information regarding your Transfer that can be printed by a Sender.

"Receive Amount" is the amount of money that is paid to the Receiver.

"Receiver" is a person who receives money from a Sender as the result of an eTransfer. A Receiver is not a party to this Agreement.

"Reference Number" is the unique number that uts trx SA issues to a Sender to give to the Receiver to assist the Receiver in proving his or her authority to receive the Receive Amount.

"Representative" means a person, usually a company that maintains a facility that is open to the public, who is authorized by uts trx SA to pay Receive Amounts to Receivers.

"Service(s)" refers to the eTransfer.

"Service Provider" is any company or companies engaged by uts trx SA or its contractors to provide services in connection with the Services.

"Sender" is a person who purchases either the eTransfe. Sender will refer to you if you purchase either Service. A Sender is bound by the terms of this Agreement.

"Transfer" refers to a money transfer using the eTransfer.

"Transfer Amount" is the amount sent by the Sender to either a Receiver or a Biller, excluding the Consumer Fee.

"User ID" is the code that links to the Sender's Profile for identification purposes and is also referred to as the utstrx ID.

"Web site" refers to the transactional pages on which the Services can be initiated that are accessible through www.utstrx.com

4. Signing Up to Use the Services

A. Eligible Users

In order to use either Service,

(i) you must have a postal mailing address and a valid and active e-mail address,

(ii) you must have a valid Credit Card Account

(iii) if you wish to pay by ACH debit you must have a Bank Account,

(iv) your mailing address must match the billing address for your Credit Card Account;

(v) you must be at least 18 years of age. You cannot send a Transfer on behalf of a third party.

Other restrictions may apply.

B. Opening A Profile

You can apply to open a Profile by entering the required information on the Website and agreeing to the terms of this Agreement. If uts trx SA accepts your application, it will open your Profile.

C. Verification of Information

In an effort to combat money laundering activities and the funding of terrorism, the Swiss government enacted laws that require a money transmitting institution such as uts trx SA to obtain, verify, and record information that identifies each person who registers at its Website and initiates a Transfer through its Service(s). You agree that we may obtain a consumer report on you at any time.

As part of the application process required to open a Profile at our Website, we will ask for personally identifiable information about you, such as your name, address, date of birth, etc., that will help us to identify you. We may also request other identifying documents or information. If you refuse or fail to provide the requested information, we may decline to open a Profile for you or provide the Service(s) to you, or may discontinue providing such Service(s) to you at any time, in our sole discretion.

You agree that if you initiate any Transfers through our Website, you are initiating each transmission from a computer located at the address that you provided to us when your Profile was established.

Until you have completed the appropriate application and verification processes required to open and activate a Profile and we have approved your application, you will not have access to the Services. The verification process will not occur until you request a Transfer. Once you have completed the application procedures, your use of the Services may be subject to certain restrictions as disclosed to you in this Agreement or when your Profile is opened. The restrictions will remain in effect until any verification of your address, identity and Credit Card Account required by uts trx SA have been successfully completed. Such verification may include a requirement that you properly respond to a notice that uts trx SA sends to the postal mailing address you have provided. The address of record on any Credit Card Account you link to your Profile must be the same as the postal mailing address you furnish us for your Profile. Once your address, identity and Credit Card Account information have been successfully verified or authenticated by us, you may make use of the Services subject to the terms and conditions of this Agreement.

5. Using the Services

A. How To Use The Service

To initiate a Transfer, you must enter the required information at the Website.

B. Purpose for Using the Services

You agree to use the Services only for bona fide and lawful purposes. You may not use the Services to conduct gambling activities or any illegal activity. Uts trx SA has the right to terminate your Profile and to refuse to process (or may reverse) any Transfer if it believes, in its sole discretion, that you are using a Service for any illegal or improper purpose or if: (a) any Transfer exceeds the available funds on deposit in your Debit Card Account or, if applicable, available line of credit under your Credit Card Account; (b) we have reason to believe any Transfer may not be authorized by you; (c) any Transfer involves funds subject to a hold, dispute or legal process preventing their withdrawal from the Bank Account or Debit Card Account; (d) any Transfer would violate any law, rule or regulation applicable to the Service, you or the financial institution where your Bank Account, Debit Card Account or Credit Card Account is held; (e) any Transfer is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures or practices; or (f) for our protection or yours, we have reasonable cause not to honor a Transfer. You agree that neither uts trx SA nor any Representative or Service Provider will be held responsible or liable to you or any other person for such action except as required by law. Uts trx SA may report suspicious activity to appropriate law enforcement organizations or other government agencies.

C. Transfer Limits

You can make individual Transfers in amounts up to EUR 1’800 per Transfer with a rolling thirty (30) day aggregate limit of EUR 2,000. Subject to applicable legal requirements, Uts trx SA reserves the right to change limits at any time in its sole discretion including but not limited to stricter aggregate EUR limits or refusing to process any Transfer for you.

D. Business Days

Uts trx SA’s business days are Monday through Friday, excluding banking holidays in Switzerland. Please note that holiday observance in Receiver's countries may affect the Receiver's ability to collect a Transfer.

6. Paying for the Services

A. Fees

Prior to sending a Transfer, you can determine all applicable fees, including the Consumer Fee, by using the "Calculator" on the Website. See Section 7, below, for information regarding currency exchange fees. The fees and charges we assess to your Debit Card Account or Credit Card Account, as applicable, also will be reflected on the Receipt form that we will make available to you during your initiation of each Transfer. Please print out a copy of the Receipt form for each Transfer you initiate and retain it for your records and save the Receipt to your local hard drive for your records. The financial institution that holds your Debit Card Account may impose fees in connection with your purchase of a Service. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, will not be reflected on the Receipt form for your Transfer. If you are paying for a Transfer by debit your Debit Card Account and there are insufficient funds in your Debit Card Account, you may be subject to an additional EUR 25.00 fee.

B. Paying for an eTransfer

You can pay for an eTransfer, including the Transfer Amount and any applicable fees, including the Consumer Fee, and charges by instructing uts trx SA to charge against your Credit Card Account. The maximum Transfer Amount that can be charged against your Credit Card Account is EUR 1’200 per Transfer. You can also pay for an eTransfer, including the Transfer Amount and any applicable fees (including the Consumer Fee) and charges with an debit of your Debit Card Account. Payment by ACH debit must be backed up by a Credit Card Account or Debit Card Account.

C. Payment Authorization

For each Transfer you initiate you authorize uts trx SA (or any party authorized by uts trx SA) to debit from your Debit Card Account, as applicable, or charge against your Credit Card Account for the Transfer Amount you enter, plus any applicable fees, including the Consumer Fee, and charges. Whether the Transfer is made by debit of your Debit Card Account or Credit Card Account, the funds or credit, as applicable, must be available in the account from which the Transfer is made. Please be sure funds or credit is available in that account before you initiate a Transfer. When you authorize a Transfer, you are authorizing uts trx SA (and any party authorized by uts trx SA) to take the funds from your debit Card Account or charge against your Credit Card Account (as applicable) in the amount of the Transfer Amount plus any applicable fees, including the Consumer Fee, and charges. If paying by Credit Card Account, your Credit Card Account will be charged as soon as uts trx SA accepts your request for the Transfer.

D. Back Up Funding Source

If the debit to your Bank Account is not paid for any reason in connection with a Transfer or is returned for any reason, your Credit Card Account will be immediately charged or your Debit Card Account will be immediately debited, as applicable. As such, it is very important that you do not use a Debit Card Account that is tied to the Bank Account as a back up funding source.

E. Obligation To Have Sufficient Funds or Credit

Uts trx SA shall have no obligation to effect a Transfer unless sufficient funds are available in your Bank Account, Debit Card Account or Credit Card Account, as applicable, and neither uts trx SA nor any Service Provider shall have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds or credit. Uts trx SA may resubmit for collection any ACH debit authorized by you that is returned to it for any reason. You are responsible if uts trx SA makes a Transfer you request and, for any reason, uts trx SA is unable to collect the funds from your Bank Account, Debit Card Account or Credit Card Account (as applicable), or the Transfer is later reversed. In addition, uts trx SA's making of any Transfer without sufficient funds or credit available or without financial institution approval shall not create any obligation on the part of uts trx SA to make any such Transfer now or in the future. If you are paying for a Transfer by Debit Card Account and there are insufficient funds in your Bank Account or Debit Card Account, you will be subject to an additional EUR 25.00 fee.

7. Currency Exchange

A. Exchange Rate Expense

In addition to any applicable fees, including the Consumer Fee, and charges applicable to an eTransfer, a currency exchange rate set by uts trx SA or its Representatives may be applied. Any difference between the rate applied to the Transfer and the rate received by uts trx SA or its Representatives will be kept by uts trx SA or its Representatives. The money earned by uts trx SA or its Representatives when the Transfer Amount is converted will be in addition to money earned by charging the Consumer Fee.

B. Exchange Rate

The Receive Amount and "Exchange Rate" shown on the Receipt will be applied, this “Exchange Rate” will be calculated on a daily base.

C. Unique Pay-Out Currency

If the Receiver requests that the Transfer be paid in a currency other than the currency in which the Location normally pays out, the Representative (if it is willing to pay out in the requested currency) may charge an exchange fee. This exchange is a separate transaction between the Receiver and the Representative, and is not a part of the Transfer.

8. Receiving an eTransfer

A. Availability

A Transfer made in conjunction with the initial application for a Profile will be delayed until your identity and funding information has been fully confirmed by uts trx SA. Thereafter, the Receive Amount can usually be received within forty-eight (48) hours after the Transfer was sent, subject to the hours of operation of the Location selected by the Receiver and other terms contained in this Agreement. A Transfer may only be picked up by a Receiver in the country designated by the Sender. A country may not include its territories. The Receiver can refer to the Website for the address and phone number of the pay-out Locations. A Receiver's ability to receive any Transfer may be restricted until any identity verification of the Sender or Receiver required by uts trx SA has been successfully completed and the availability of funds or credit line (as applicable) has been confirmed. In addition, due to circumstances beyond the control of uts trx SA such as exchange control regulations of the receiving country, Transfers to certain destinations may be subject to delay or to restrictions imposed under the laws of the receiving country. Please note that holiday observance in the receiving country may affect a Receiver's ability to collect Transfers.

B. Pay-out Information

eTransfers will be paid out on Debit Cards, or to a bank account or electronic device, or a combination thereof, if available. If the Receive Amount stated on the receipt is different than the amount actually received by your Receiver, please contact us by email through the "Contact Customer Service" link on our Website at www.uts-transaction.com. The financial institution that holds your Debit Card Account may impose fees in connection with your purchase of a Service. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Receiver's financial institution, will not be reflected on the Receipt form for your Transfer.

C. Receiver Identification

The Sender is solely responsible for ensuring that the identifying information about the Receiver is accurate. A Receiver must produce photo identification. The Reference Number is not always required to receive a Transfer. SENDERS SHOULD USE CAUTION WHEN SENDING TO RECEIVERS THEY DO NOT KNOW.

9. Canceling Payments-Refunds

To cancel a Transfer contact the eTransfer Operations Center through the Website. You cannot cancel a Transfer or receive a refund after the Receive Amount has been disbursed to the Receiver or disbursed to a delivering Service Provider, if applicable. Except as required by law, uts trx SA will not be responsible or liable in any manner to you or any other person for its failure for any reason to cancel a Transfer. Except as otherwise set forth in this Agreement or required by law, if you ask us to terminate a Transfer or your service, you will remain liable for previously authorized Transfers. Under certain circumstances you may be eligible for a refund. To request a refund, please contact uts trx SA’s eTransfer Operations Center through the Website and supply the following information:

Give your name, User ID, Reference Number and date of the Transfer in question.

Describe the error or Transfer you are unsure about, and explain as clearly as you can why you feel you are entitled to a refund.

Provide the EUR amount of the refund you are requesting.

If available, provide all of the information that appeared on the Receipt.

Uts trx SA will use reasonable efforts to determine whether you are entitled to a refund and, if applicable effect a refund, within thirty (30) days after it receives from you a valid written request (including by email) or such shorter period as may be required by law. If uts trx SA determines that funds have not been delivered due solely to uts trx SA's or our Representative's fault, both the Transfer Amount and the Consumer Fee will be refunded in U.S. dollars. If uts trx SA determines that you are entitled to a refund for any other reason, only the Transfer Amount will be refunded. If uts trx SA determines that you qualify for a refund, your original funding source, Debit Card Account or Credit Card Account, will be credited and you agree we may process such a credit. You will receive notification if uts trx SA determines that you are not entitled to a refund. For more information, please contact customer Service through the Website.

10. Handling Disputes with a Receiver or Biller

A Transfer cannot be reversed or canceled after the Receive Amount has been disbursed. If you have a dispute with a Biller or a Receiver regarding a Transfer for which a Service was used to make payment, you should contact the other party directly to resolve the problem. For example, if you are involved in a dispute as to an amount owed, the quantity or quality of goods or services purchased, whether or not the goods or services conform to an order or warranty, whether or not goods or services have been delivered or performed, or any other aspect of your relationship with a Receiver or Biller, you agree to pursue any such claim directly with the Receiver or Biller. You should contact your credit card issuer as soon as possible to preserve any dispute rights you may have with such issuer. If uts trx SA receives complaints about you or a Receiver to whom you have sent funds, your Profile may be closed, among other things, as provided below. To the extent allowed by law, you agree that neither uts trx SA nor any Service Provider will be responsible or liable in any manner for any claims that you may have, or any claims made against you by any person, arising out of any dispute between you and a Receiver or Biller.

11. Records of Transfers

Records of all Transfers involving your Profile will be posted and updated on the Website on a continuing basis. You may access these records at any time by clicking on the "Transaction history" page of your Profile and providing the required information to access such pages.

12. Your Other Financial Obligations

To the extent allowed by law, uts trx SA also has the right to collect from you the amount of any uncollected or reversed Transfer, plus any fees assessed and collection expenses, court costs and attorney's fees. To the extent allowed by law, you agree to hold uts trx SA harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transfer or in defending any of the foregoing actions, including court costs and attorney's fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transfer or Consumer Fee you have authorized in accordance with this agreement. You authorize uts trx SA to debit your Debit Card Account and/or charge against your Credit Card Account for any amounts owing to uts trx SA described in this section.

13. Your Obligation to Provide Complete and Accurate Information

You represent and warrant that all information you provide to uts trx SA, including but not limited to your application information and all data entered in connection with any Transfer or other transaction, will be complete and accurate in all respects. uts trx SA is entitled to rely on any information you provide and you agree to update your information if it changes. uts trx SA also reserves the right to take steps to verify the information you provide, although it is not required to do so. You authorize uts trx SA to obtain consumer reports on you to evaluate your application for monitoring or collection purposes, or for any other lawful purpose. If uts trx SA is unable to verify the information you provide, your application for a Profile may be rejected. IF YOU PROVIDE FALSE INFORMATION, YOUR PROFILE MAY BE TERMINATED AND ANY PENDING TRANSFERS MAY BE CANCELLED. IN ADDITION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

14. Your Representations

You represent and warrant in connection with any Transfer that (a) the Transfer information, including information about the Receiver and Biller, is accurate, (b) your Credit Card Account or Debit Card Account, as applicable, has sufficient funds or credit, as applicable, to make the Transfer, (c) the Transfer is lawful, and (d) the Transfer complies with the terms of this agreement.

15. Password Protection

You must use your User ID and Password to initiate a Transfer. You agree that your Password has the same effect as your written signature and can be used to authorize Transfers. You agree not to divulge your Password to any other person, and you agree not to use another person's User ID or Password. If, notwithstanding the foregoing prohibition, you give your Password to another person, you will be deemed to have authorized such person to use that Password for any and all purposes, without limitation. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your Password. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your Password and that neither uts trx SA nor any Service Provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your Password to any other person, including any losses or damages arising out of the disclosure of your Password by the recipient to another person.

16. Your Liability

You agree to review and verify regularly and promptly all receipts and disclosures and respective debits for payment thereof from your Debit Card Account and charges against your Credit Card shown on our Website and, as applicable, on the statements you receive from the financial institution holding your Debit Card Account or issuing your Credit Card.

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