Client has requested that ReliaFund permit it to initiate electronic signals for paperless entries through its Originating Financial Institution to accounts maintained at other financial institutions by means of the Automated Clearing House (ACH) Network operated by the National Automated Clearing House Association (NACHA). ReliaFund has agreed to do so on the following terms and conditions. Types of Entries. ReliaFund will transmit debit and/or credit entries initiated by Client to the ACH Network as provided in the NACHA Operating Rules (referred to as the "Rules") and this Agreement. Rules. Client agrees to comply with and be bound by the Rules as they exist on the date of this agreement and as amended from time to time. Client acknowledges that ReliaFund has not provided Client with a copy of the Rules and that if desired, a copy may be purchased from NACHA at www.nacha.org or any local ACH Association. Any fines or liabilities imposed against ReliaFund for a violation of the Rules caused by an action and/or inaction of Client may be assessed against Client. United States Laws. Client agrees not to generate transactions that violate the laws of the United States. This includes, but is not limited to; sanction laws administered by the Office of Foreign Assets Control (OFAC). It shall be the responsibility of Client to obtain information regarding such OFAC-enforced sanctions. (This information may be obtained directly from the OFAC Compliance Hotline at 800-540-OFAC or from the OFAC's Web site at http://www.ustreas.gov/ofac.) Authorizations. Prior to initiating any entry to a customer's account, Client will obtain a proper authorization in accordance with the Rules and U.S. law and upon request, will provide proof of the customer's authorization to ReliaFund. Transmission of Entries and Security Procedures. In accordance with the Rules, Client will transmit all debit and credit entries to ReliaFund, in a format and by a method of delivery approved by ReliaFund, no later than 3:00 PM CST in order for them to be processed that same day. Client acknowledges that it will be solely responsible, by the use of physical security, passwords and other procedures, for protecting against unauthorized access to any software used for the creation and/or transmission of ACH files to ReliaFund. Client authorizes ReliaFund to transmit all entries received by ReliaFund from Client in accordance with the terms of this Agreement and to credit or debit such entries to the specified accounts. Files will not be accepted for processing on Saturdays, Sundays or Holidays observed by the Federal Reserve Bank. ReliaFund Obligations. a timely manner and in accordance with the Rules, ReliaFund will process, transmit, and settle for the entries received from Client which comply with the terms of this Agreement. ReliaFund shall have no obligation to transmit entries if Client is in default of any of its obligations under this Agreement, including any obligation to pay ReliaFund. Warranties. Client certifies to ReliaFund all warranties ReliaFund is deemed by the Rules to make with respect to entries originated by Client. Without limiting the foregoing, Client warrants and agrees that (a) each entry is accurate, is timely, has been authorized by the party whose account will be credited or debited, and otherwise complies with the Rules; (b) each debit entry is for the sum which, on the settlement date with respect to it, will be owed to Client from the party whose account will be debited, is specified by such party to be paid to Client, or is a correction of a previously transmitted erroneous credit entry; and (c) Client will comply with the terms of the Electronic Funds Transfer Act, if applicable, or Uniform Commercial Code Article 4A, if applicable, and shall otherwise perform its obligations under this Agreement in accordance with all applicable laws and regulations. Client certifies its compliance with all warranties made by ReliaFund pertaining to all entries exchanged through the ACH Network, including but not limited to, RCK (Re-presented Check), ARC (Accounts Receivable), POP (Point-of- Purchase), WEB (Internet-Initiated), TEL (Telephone- Initiated), PPD (Pre-authorized Payment or Disbursement) and CCD (Cash Concentration or Disbursement) entries. Client shall indemnify ReliaFund against any loss, liability, or expense (including attorney's fees and expenses) resulting from or arising out of any breach of any of the foregoing warranties or agreements. Provisional Credit. Client acknowledges that the Rules make provisional any credit given for an entry until the financial institution crediting the account specified in the entry receives final settlement. If the financial institution does not receive final settlement, it is entitled to a refund from the credited party, and the originator of the entry shall not be deemed to have paid the party. Settlement. Client will maintain a designated account with a financial institution at all times during the term of this Agreement and authorize ReliaFund to debit this account to satisfy any amounts owed to ReliaFund. Client will deliver good funds, in an amount equal to credit entries transmitted to ReliaFund, to an account designated by ReliaFund prior to the release of such credit entries. Client agrees not to exceed the origination limits disclosed in the attached Client Information Form. Cancellation or Amendment of Entries. Client shall have no right to cancel or amend any entry/file after its receipt by ReliaFund. However, ReliaFund shall use reasonable efforts to act on a request by Client to cancel an entry/file before transmitting it to the ACH Network. ReliaFund shall have no liability if it fails to effect the cancellation. Rejection of Entries. ReliaFund may reject any entry which does not comply with the requirements of Sections 2 and 3 of this Agreement and may reject any entry if Client is not otherwise in compliance with the terms of this Agreement. ReliaFund shall notify Client of such rejection no later than the business day such entry would otherwise have been transmitted by ReliaFund to the ACH Network. It shall be the responsibility of Client to remake any entries or files rejected by ReliaFund. Returned Entries. ReliaFund shall notify Client of the receipt of a returned entry from its financial institution no later than one business day after the business day of such receipt. ReliaFund shall have no obligation to re-transmit a returned entry if ReliaFund complied with the terms of this Agreement with respect to the original entry. Client authorizes ReliaFund to charge back any debit returns to Client's designated account and Client will promptly provide immediately available funds in that account to indemnify ReliaFund if any debit entry is returned after ReliaFund has settled the entry to Client's account. Reversals. Client may initiate a reversing entry or file of entries for erroneous or duplicate transactions, as permitted by the Rules. For both reversing entries and files, Client indemnifies all parties of the transaction(s) from and against any claim, demand, loss, liability, or expense. Fees. Client authorizes ReliaFund to debit its designated account for services provided under this Agreement in accordance with the attached Schedule of Fees. ReliaFund may change its fees from time to time upon written notice to Client. Authorized Representatives. ReliaFund shall be entitled to rely on any notice or other communication believed by it in good faith to be genuine and to have been issued by an authorized representative of Client. Liability. ReliaFund shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. In no event shall ReliaFund have any liability for any consequential, special, punitive, or indirect loss or damage which Client may incur or suffer in connection with this Agreement. In addition, ReliaFund shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, emergency conditions, or other conditions beyond ReliaFund's control. ReliaFund shall be excused from failing to transmit or delay in transmitting an entry if such transmittal would result in ReliaFund exceeding any limitation upon its intra-day net funds position established pursuant to present or future Financial Institution guidelines or the violation of any provision of any present or future risk control program of its Financial Institution or any rule or regulation of any other U.S.governmental regulatory authority. ReliaFund shall not be held liable for any delay by any ACH Operator or Financial Institution in processing any credit or debit entry Client originates. ReliaFund shall not be responsible for any act or omission of Client and Client agrees to indemnify ReliaFund against any loss, liability, or expense, including attorney fees or expenses, resulting from or arising out of any claim that ReliaFund is responsible for any act or omission of Client or any other person or entity described in this section. Subject to the foregoing limitations, ReliaFund's liability for loss shall be limited to general monetary damages not to exceed the total amount paid by Client for the affected ACH service, as performed by ReliaFund under this Agreement for the preceding 30 calendar days. Name and Account Number Inconsistency. Client acknowledges that, if an entry describes the receiver inconsistently by name and account number, payment of the entry may be made on the basis of the account number even if it identifies a person different from the named receiver. Data Retention. Client shall retain data adequate to allow remaking of entries for five (5) business days following the date of their transmittal to ReliaFund as provided herein and shall provide such data to ReliaFund upon request. Credit Information. As a condition of ReliaFund's obligations to provide services hereunder, Client agrees to provide ReliaFund all information regarding Client's creditworthiness and financial wherewithal as ReliaFund may from time to time reasonably request and Client further agrees to immediately notify ReliaFund of any material change in any credit information supplied to ReliaFund. Amendments to Agreement. From time to time, ReliaFund may amend any of the terms and conditions contained in this Agreement, including any part of Schedules attached hereto. Such amendments shall become effective upon receipt of notice by Client or such later date as may be stated in ReliaFund's notice to Client. Termination of Agreement. Either party may terminate this Agreement upon ten days written notice to the other party. Any termination of this Agreement shall not affect any of ReliaFund's rights or Client's obligations with respect to any entries initiated by Client prior to such termination, or the payment obligations of Client with respect to services performed by ReliaFund prior to termination, or any other obligations that survive termination of this Agreement Miscellaneous. This Agreement, including attached Schedules, is the complete and exclusive statement of the agreement between ReliaFund and Client with respect to the subject matter and supersedes any prior agreement(s) between ReliaFund and Client with respect to such subject matter. Client may not assign this Agreement or any of the rights or duties hereunder without ReliaFund's prior written consent. ReliaFund may waive enforcement of any provision of this Agreement. Any such waiver shall not affect ReliaFund's rights with respect to any other provision of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. This Agreement is not for the benefit of any other person, and no other person shall have any right against ReliaFund or Client hereunder. In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota.
Refund and Cancellation Policy
Late Payment Policy Effective July 31, 2017, the late fee is $25 ($5 per day). If parent desires to make a payment arrangement, they must agree to the late fee charge, place a card on file, and give the date the fee will be charged to card. Artportunity Knocks programs are PREPAID. This means that payments are due the Friday, before the start of service with the grace period being Monday Morning at 8am if paying in-person. Failure to make tuition payments on time or failure to uphold the payment arrangement will result in the scholar being suspended/terminated from the program, lose their spot and be placed on the waiting list for re-entry. Refund/Returns Policy All refunds and returns must be submitted in writing and approved by the Executive Director. Refunds are made to the person, company, agency or organization that made the original payment in the original form it was presented. Credit card refunds are processed within 5-7 business days(10-14 business days for a check)after receiving approval. Scholars who are terminated due to violation of the program’s written behavioral policies, tuition policies and/or attendance policies will not receive approval to receive a refund/credit. Non-Refundable Fees All Registration and Elite fees are non-refundable. Absence and postponement or change to original enrollment Parents wishing to postpone or change their original enrollment date or cancel their registration, may do so with a one-week prior written notice. Late Fees may be waived based on documented proof of medical/family emergencies or other extraordinary events. Non-excused cancellationsor cancellations with less than a 24hr notice, will receive a credit or refund at 80% of the tuition cost. Excused absences may be credited to the account if: 1.Illness: The child had a communicable disease and could not attend school (doctor’s note required) 2.Unforseen school closure (snow day, bomb scare, etc.) 3.Doctor’s, Dentist, Optometric or other medical appointment 4.Funeral Services 5.Personal court appearance 6.Employment in the Entertainment Industry 7.Observance of a religious holiday 8.Other reasons at the discretion of the School Administrator/Site Directors Unexcused Absences 1.Going to work/school/appointment with a parent or family member 2.Car trouble/repair/mechanic appointment 3.Personal Problems 4.School Suspension or Expulsion Automatictermination of service The following are the most common reasons Scholars are terminated from the program: 1.Behavioral Incompliance 2.Violation of Payment Policy 3.Violation of the “No Show” policy - Scholars will be automatically withdrawn from the program after 2 (two) weeks of not showing “no show” to any of the Artportunity Knocks programs. If the parents paid in advance, the parent will have a credit remaining on their account until the end of the school year at which time that credit may be applied to Summer programming. If the parent does not designate whether they would like a refund, the funds will automatically be donated into the Music Education Scholarship Fund which will allow for more Scholars to attend at a discounted rate.
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