AGREED TERMS AND CONDITIONS
This Agreement (the “Agreement”) states the terms and conditions that govern the contractual obligations between you (hereinafter the “PURCHASER,” “STUDENT,” or “You/Your”), and the University of Health Sciences Antigua located at Dr. Yele Akande Drive, Piccadilly Antigua & Barbuda, (hereinafter “UHSA”).
By completing this form, the PURCHASER hereby agrees to be bound by these Terms and Conditions and acknowledges that he/she has read all terms contained herein and understood them.
WHEREAS UHSA is a university that is engaged in the business of providing medical training to students; and
WHEREAS, You wishes to enroll, or has already enrolled, in a course of study at UHSA; and
WHEREAS, You wishes to set up an account with UHSA or one of its vendors through which You can make payments to UHSA using an authorized credit card;
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the PURCHASER and UHSA covenant and agree as follows:
1. Purpose. UHSA and various third-party vendors provide this internet bill presentment and payment service. As such, it is subject to the consumer banking regulatory protections described in Regulation E of the Electronic Fund Transfers Act. Reg. E stipulates significant disclosure requirements, and therefore most of these terms and conditions are a direct result of said regulation. When You open your account with UHSA or any third-party vendor acting on UHSA’s behalf, You and any person You authorize to perform functions on your account, agree to be bound by this Agreement.
2. Authorized Users. If there are other authorized users on your service, or on your account(s), You hereby authorize each of them to use your Passwords and this service. As far as UHSA and its vendors are concerned, any signer on such accounts who has access to your Password is authorized to make payments, even if your account otherwise requires two or more signatures for withdrawals.
3. Recurring Payments. By signing up for this service and saving your credit card information in the system You authorize regularly scheduled charges to your credit card. You will be charged the amount indicated below each billing period. A receipt for each payment will be emailed to You and the charge will appear on your bank statement as “UHSA IMUS.” You agree that no prior notification will be provided unless the date or amount changes, in which case You will receive notice from us at least ten (10) days prior to the payment being collected.
4. Authorization. The PURCHASER understands that this authorization will remain in effect until canceled in writing and agrees to notify UHSA in writing of any changes to the account information or termination of this authorization at least fifteen (15) days prior to the next billing date. The PURCHASER further certifies that he/she is an authorized user of the credit card used herein and will not dispute these scheduled transactions with the credit card company so long as the transactions correspond to the terms indicated in this Agreement.
5. Erroneous Instructions. If UHSA or any third-party vendor receives a payment instruction authorized by You through this service and the instruction is erroneous in any way, neither UHSA nor any of its vendors shall bear any obligation or liability for said instruction.
6. Unwarranted Chargebacks. If UHSA receives notice from a credit card association or its merchant processor that the PURCHASER has requested chargebacks in connection with this service, and UHSA determines said chargeback request to be unwarranted, UHSA reserves the right at any time thereafter to take any action it deems necessary to respond to the problem which may include, at UHSA sole discretion, suspending or terminating the STUDENT’s enrollment at UHSA and immediately terminating this Agreement. UHSA agrees it will, before suspending or terminating the STUDENT’s enrollment, confer with the STUDENT and determine whether any alternative course of action is acceptable, which may include alternate payment arrangements. Should the Parties fail to reach an alternative agreement for payment within a reasonable time, UHSA shall send the STUDENT a notice informing him/her of the imminent suspension or termination of enrollment, at which time the STUDENT shall have seven (7) business days to make the necessary payment.
7. Transaction Limitations. Please be aware that certain types of bank accounts have limits on the number of transfers or withdrawals that may be made per month. For that reason, your bank may refuse transfers that would otherwise exceed such limits. If UHSA is not able to debit the amount required to cover an authorized payment and any fees from your account, UHSA will not be able to make the payment You have authorized, and will not be held liable for any costs, damages, etc., caused by Your failure to make the payment. UHSA and its vendors have no obligation to try to debit an account for a specific payment more than once but shall inform the STUDENT whenever there is a failure to process a payment otherwise authorized by the use of this service.
8. Business Days & Cutoff Hours. If payment authorization is received from You on or before 1:00 p.m. Atlantic Standard Time on a business day, UHSA will attempt to debit the funds from your account(s) on that day. Otherwise, the payment shall be processed on the following business day. UHSA’s business days are Monday through Friday, excluding legal holidays.
9. Electronic Disclosures. UHSA and its vendors must provide You with certain disclosures and notices mandated by various laws and rules. You hereby agree to receive all such disclosures electronically, which in most cases will be done at UHSA’s website or the websites of UHSA’s vendors, or at the email address designated by You when registering for this service.
10. Confidentiality. UHSA will never sell any personally identifiable information to a third party for marketing purposes without the STUDENT’s consent. UHSA will only disclose information to third parties about your account or the transfers or payments You make under the following circumstances: (a) where it is necessary for opening or maintaining your account or for completing transfers or payments; (b) if lawfully required, or (c) if You request or authorize it.
11. Your Liability. You agree to regularly and promptly review and verify all transactions either on our Internet page or through the monthly statements received from your bank holding the account(s). It is Your responsibility to inform UHSA immediately if You believe your password has been lost or stolen. If your bank statement shows transactions by UHSA or its vendors, which You did not authorize, please contact your bank immediately and inform UHSA to avoid any further consequences.
12. Our Liability. If UHSA does not complete a payment which You have authorized in a timely manner, in accordance with the terms and conditions herein, UHSA will bear the cost of any fees associated with said delay. However, there are some exceptions to this liability: UHSA will NOT be liable when: (a) through no fault of UHSA, Your account does not contain sufficient available funds to debit the account in the amount of the payment due; (b) the website or other systems are not working properly; (c) circumstances beyond UHSA’s control (such as fire, flood, computer breakdown or problems with a telephone line) prevent or impede the transaction; (d) the funds in your account are subject to an uncollected fund hold, legal process or any other encumbrance or claim restricting transfers at the time UHSA attempts to debit your account for an authorized payment; (e) the information You or Your payees have supplied to UHSA is incorrect, incomplete or not timely; or (f) other exceptions beyond UHSA’s control.
13. Change in Terms. UHSA reserves the right to update or change these terms and conditions at any time. Any changes will be promptly posted on UHSA’s website, and the STUDENT shall be sent any legally required notices. Prior notice may not be given, however, where an immediate change is necessary for security purposes.
14. Termination. UHSA reserves the right to terminate your service at any time with or without cause. UHSA may immediately terminate your use of the service if: (a) You or any authorized user of your Password breaches any agreement with UHSA or its vendors; (b) UHSA has reason to believe there has been or may be unauthorized use of your Password, your accounts, or our service; (c) any party associated with your accounts or your service requests termination, or (d) there are conflicting claims to the funds in your accounts. Please note that if You or another party asks us to terminate your service or your accounts are closed for any reason, You will remain liable for any transactions previously authorized or owed at the time of termination.
15. Limitations. You agree that neither UHSA nor any party involved in creating or delivering this website shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of this service. UHSA assumes no responsibility and will not be liable for any damages to or any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from UHSA’s website or this service.
16. Electronic Signatures. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement, or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, or any similar law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
17. Miscellaneous. If UHSA fails to enforce any of the rights under this Agreement, the Privacy & Security Statement, or Our Promise or other applicable laws, it shall in no way be deemed to constitute a waiver of such right. If any provision of said documents is found by a court of competent jurisdiction to be invalid, then the remaining terms and conditions shall remain in full force and effect.
18. In Case of Errors or Questions about Transfers from Your Account. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR PASSWORD MUST BE DIRECTED TO THE BANK or your university.
By making a credit card payment, you authorize International Medical University Services (IMUS), Inc. on behalf of UHSA to charge my credit card above for agreed upon purchases. A payment receipt will be emailed to You, and the charge will appear on your bank statement as “UHSA IMUS.”