Paydala Legal

E-Sign Consumer Disclosure and Consent Notice

Introduction and General Consent

This E-Sign Disclosure and Consent Notice (“Notice”) constitutes the full agreement by and between Paydala, Inc (“Paydala” or “We” or “Our” or “Us”), and the person(s) giving his/her consent below (“you” and “your”) with information relating to your electronic receipt of disclosures and notices (collectively, the “Communications”), or as applicable, electronic signature of documents in relation to your account (“Account”).

This Notice applies to all Communications, as defined below, for services provided by Paydala. Under this Notice, Communications you receive in electronic form from us will be considered “in writing.”

By consenting to the terms of this Agreement, you acknowledge that your Account is entirely internet based and is not designed to include the option to request paper delivery of Communications, all of which will be delivered electronically. If you do not wish to receive electronic delivery of your documents or do not wish to electronically sign documents, Paydala will not open your Account.

By using Paydala electronic and online services (“Electronic Services”) you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the terms of these services. If you choose not to consent to this Notice or withdraw your consent, you will be restricted from using Electronic Services.

Examples of Communications to Be Provided in Electronic Form

Documents we provide to you in electronic form (“Electronic Communications”) may include, but are not limited to, disclosures and other notices regarding our products and services such as:

  • Terms and conditions, and other notices, and any changes thereto
  • All legal and regulatory disclosures and communications associated with related products and services
  • Privacy statement or notices and any changes thereto
  • Pre-payment disclosures, transaction receipts, and/or confirmations
  • Error Resolution policies and notices, and
  • Customer service communications (such as claims of error communications)
  • Any additional communications deemed necessary.

All electronic Communications that we provide to you will be provided by any of the following means:

(1) By posting such information to your mobile application portal and or/document storage

(2) By text message or SMS to the mobile phone number associated with your Account (which may include a link to the information on the Paydala website)

(3) By electronic or e-mail transmission to your designated e-mail address, or

(4) By electronic or email transmission with a hyperlink to the Paydala website or other website where information is posted

NOTE: Inderji/ Josh – the user needs to sign the E-Sign disclosure. We require a new Paydala user to sign the E-Sign consent when they first use our service. Can we get user acceptance at the time of signing the TOS?

Question for Chartwell: Will adding a hyperlink to the E-Sign disclosure in our Terms of Service address this requirement? This will reduce friction in new user sign up. When a user accepts a TOS, they will automatically accept the E-sign disclosure.

These are logical communication methods. At this time, we can only do (3). The other methods will be implemented over time.

Inderji – can we have the dev team implement a separate tab in the user portal for “Messages” where we can post communication with the user in addition to emailing them?