TERMS OF SERVICE
This Terms of Service agreement (this "Agreement"), as it is modified from time to time in accordance with its terms, sets forth the terms and conditions governing your use of PNB Global Remit’s Web and Mobile Application Service (the “Service”) offered by PNB Remittance Centers, Inc. through its authorized agent, XCHANGED LLC’s website (www.xchangedremit.com) and Xchanged USA Mobile and Android App. This Agreement is between you and PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC, (PNB Remittance Centers, Inc. and XCHANGED LLC shall be hereinafter collectively referred to as the “Company”) and the Company may rely on and enforce this Agreement. Please read it carefully. By using the Service, you agree to be bound by and comply with all of its terms. The words “we” and “us” and “our” refer to PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC. The terms “you” or “your” refer to the sender of a remittance and user of the Service under this Agreement.
DESCRIPTION OF THE SERVICE
The term Service as used in this Agreement shall mean Web and Mobile Application service that allows you to access account information or to transfer or send or remit money to the Philippines via the facilities of PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC. You must create an account in www.xchangedremit.com to be able to use the Service. To send or remit money to the Philippines, you must:
1. Pass the Company identification, verification and due diligence standards (CUSTOMER IDENTIFICATION PROGRAM) to its satisfaction, You will be requested to provide personal information such as but not limited to your complete name, present and/or permanent address, email address, date of birth, nationality, source of funds, occupation, details and photo of yourself and your valid ID/s bearing your signature in accordance with our Know-Your-Customer (“KYC”) requirements. We will verify your registration information through an authorized third-party verification vendor. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.
2. Enroll a beneficiary who is a resident of the Philippines,
3. Have a US-based savings or checking deposit account and/or debit or credit card that would be your source of funds.
The term “Recipient” or "Beneficiary" means the person specified by you as the authorized recipient of a remittance transfer.
A. In order to use the Service,
A. 1. You must be an individual at least eighteen (18) years of age who is able to enter into legally binding contracts under applicable laws,
A. 2. You must have an address in the United States and a valid and active email address,
A. 3. You must have a savings/checking account with a U.S. financial institution, or a debit/credit card issued by a U.S.-based bank or credit union, and
4. You must be a United States resident. Other restrictions may apply.
B. The Service is ONLY available in the following states:
Alaska, Arizona, California, Florida, Hawaii, Illinois, Indiana, Louisiana, Maryland, Missouri, Nevada, New Jersey, North Carolina, Oregon, Texas, Virginia, Washington.
C. The Service may be unavailable in whole or in part in various U.S. states and jurisdictions. In particular, you may not use the Service if you are a resident of any of the following states or jurisdictions: Alabama, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Guam, Idaho, Iowa, Kansas, Kentucky, Nebraska, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, US Virgin Islands, Vermont, West Virginia, Wisconsin, Wyoming.
FUNDING YOUR ACCOUNT
Your e-Wallet Account (“Account”), is a non-interest bearing reloadable electronic wallet account that stores US Dollar (USD) funds evidenced by an electronic record accessible only through Xchanged USA Mobile App. The money credited to the Account will be used only to remit money to your beneficiaries and/or bank accounts in the Philippines. Restrictions on the use of the Account and the remittance of cleared funds from the Account are provided in LIABILITIES AND RESPONSIBILITIES Section E of this Agreement. The money in the Account is not interest bearing and/or convertible to cash until it is sent and paid to a beneficiary or credited/deposited to and withdrawn from the beneficiary’s interest bearing bank account. The Account shall be treated as a personal account and shall not be used for business remittance purposes unless upon execution of a written agreement from us.
Once your identity is verified, you may designate a bank account and/or credit/debit card from which to fund your account. Upon receipt of your request to fund your account, the Company will initiate an Automated Clearing House (ACH) debit to your designated savings/checking account or charge your debit/credit card for the payment to fund your Account. Once the Company receives final payment of the transaction amount from your bank, credit union or credit/debit card company, your Account will be credited with the payment amount and you can then proceed to remit funds to the Recipient. You should ensure that funds are available in your bank or credit union account or credit/debit card to cover such funding requests.
Your bank and/or your credit/debit card issuer may charge you fees for the payments you make for your remittances. Your credit/debit card company may charge you cash advance fees. These fees that your bank and/or credit/debit card issuer charge, if any, are their fees for using their payment services.
CHARGES AND FEES
Fees will be charged to you for every remittance request and will be charged from your account in addition to the amount you authorize us to transmit to the Recipient. By providing and confirming a transaction using the Service, you are deemed to have accepted the fees under the current fee schedule provided on the in-App “RATE and FEE” module or the website at https://www.xchangedremit.com for such transaction or service. Fees are subject to change upon prior notice to you by any method permitted under this Agreement.
FOR CREDIT AND DEBIT CARD TRANSACTIONS
We will verify your bank account information through an authorized third-party verification vendor. In some cases, we may ask you to provide additional details or information that can aid in verifying your account ownership.
You authorize the Company to charge the credit/debit card indicated in the transaction according to this Agreement. The payment authorization is for the Account funding described in each transaction's confirmation screen, for the amount of funding and applicable fee, if any, indicated only, and is valid for one time use only. You certify that you are an authorized user of the credit/debit card and that you will not dispute the payment with the card company or our Company; so long as the transaction corresponds to the terms indicated by the Company.
FOR ACH DEBIT TRANSACTIONS
You understand that because this is an electronic transaction, these funds may be withdrawn from your account as soon as the above noted transaction date. In the case of the payment being rejected for No Sufficient Funds (NSF), you understand that the Company may at its discretion attempt to process the charge again within 30 days, and you agree to an additional $35 charge for each attempt returned NSF, which will be initiated as a separate transaction from the authorized payment. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of applicable U.S. laws, rules and regulations. You will not dispute the Company’s billing with your bank so long as the transaction corresponds to the terms indicated in this Agreement.
AGGREGATE LIMITS AND GEOGRAPHIC LIMITS ON THE USE OF SERVICE
Use of the Service is limited. Your remittance transfers across all of the Company's remittance channels (i.e. over the counter at PNB branch or PNB Remittance Center, correspondent banks, Web Remit and www.xchangedremit.com) are aggregated. You cannot transfer more than $2,999.00 within a day or $2,999.00 within a 3-day rolling period or $5,000.00 within any 30-day period.
For single and aggregate transactions exceeding the $3,000 threshold, additional documentation may be required to comply with US and Philippine Anti-Money Laundering laws and regulations.
The Service may be unavailable in whole or in part in various U.S. states and jurisdictions. In particular, you may not use the Service if you are a resident of any of the following states or jurisdictions:
Alabama, Arkansas, Colorado, Delaware, District of Columbia, Georgia, Guam, Idaho, Iowa, Kansas, Kentucky, Nebraska, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, US Virgin Islands, Vermont, West Virginia, Wisconsin, Wyoming
ERROR RESOLUTION AND CANCELLATION DISCLOSURE
Remittance Transfers (12 CFR 1005.31(b)(2)):
If you think there has been an error or problem with your remittance transfer:
o Use the in-app Feedback form; or
o Call us at the Service toll free number 1-855-889-7788; or
o Email us at customerservice@PNBRCI.com; or
o Write us at the following address:
PNBRCI Customer Service
225 W Broadway Suite 301,
Glendale, CA 91204
You must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:
1. Your name and address or telephone number;
2. The error or problem with the transfer, and why you believe it is an error or problem;
3. The name of the person receiving the funds, and if you know it, his or her telephone number or address; and
4. The dollar amount of the transfer; and
5. The reference number or other confirmation code or for the transaction.
You have the right to cancel for a full refund within 30 minutes of payment unless the funds have been withdrawn, picked up, delivered or deposited to another bank. In order to cancel, you must contact us using the in-app Feedback form, phone number or email address provided above. To cancel a future-dated transaction (i.e., remittance paid thru ACH debit), you must contact us at least 3 business days before the scheduled transfer date to avail of a full refund.
When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including your name and address or telephone number and the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a Recipient's account. All refunds will be credited to the same payment instruction used to pay for the transfer. Refunds are only made in U.S. dollars and will not be adjusted for changes in the value of the U.S. dollar or foreign currency from the time the transaction was submitted.
If the funds have been picked up or deposited into a recipient's account, then you may not cancel or reclaim the transfer, regardless of any dispute you may otherwise have with the Recipient regarding a transaction to which the payment relates. You agree to pursue any such claims directly with the Recipient and agree that the Company and the Bank are not 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 you may have with a Recipient.
YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS
An Unauthorized Transaction is when money is transferred from your Account without your authorization and that did not benefit you.
Please immediately contact and report to the PNBRCI Customer Service, if you believe any of your security credentials issued by us (email address and password, or similar information) has been lost or stolen, or if you believe that a remittance transaction has been made without your permission using the Service or your security credentials. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 4 business days after you learn of the loss or theft of your security credentials, you can lose no more than $50 if someone used your security credentials without your permission.)
If you do NOT tell us within 4 business days after you learn of the loss or theft of your security credentials, and we can prove we could have stopped someone from using your security credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in event of unauthorized transfer
Please immediately notify PNBRCI Customer Service to notify us of the Unauthorized Transaction, call: 1-855-889-7788, email us at customerservice@PNBRCI.com or write us at the following address:
PNBRCI Customer Service
225 W Broadway Suite 301,
Glendale, CA 91204
You should also call the number or write to the address listed above if you believe a transfer has been made using your security credentials or the Service without your permission.
You acknowledge that Communications are important and time-sensitive, and you agree to review all Communications from us upon receipt. If PNB Remittance Centers, Inc. or XCHANGED LLC sends a Communication to you that describes an unauthorized transaction, then you agree to assume the burden of proving by clear evidence that you complied with your obligation under this Agreement to immediately and carefully review that Communication and that you were reasonable in notifying PNB Remittance Centers, Inc. or XCHANGED LLC of the unauthorized transaction when and in the manner you did.
The limitations on your liability set forth in this section only apply if you are a natural person.
NOTICE FROM SERVICE-PROVIDING INSTITUTION
ALL QUESTIONS ABOUT REMITTANCE TRANSACTIONS MADE THROUGH US (PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC) WITH YOUR DEBIT OR CREDIT CARD OR BY ACH DEBIT TO YOUR BANK ACCOUNT MAY BE DIRECTED TO US (PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC), AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible only for the remittance service and for resolving any errors in remittance transactions made through us (PNB Remittance Centers, Inc.and its authorized agent, XCHANGED LLC).
We will not send you a periodic statement listing transactions that you make using your debit or credit card or by ACH debit to your bank account. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS EMAILED TO YOU WHEN YOU USE OUR REMITTANCE SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these remittance transactions, use our in-app Feedback module, call us at 1-855-889-7788, email us at customerservice@PNBRCI.com or write us at the following address:
PNBRCI Customer Service
225 W Broadway Suite 301,
Glendale, CA 91204
IF YOUR DEBIT OR CREDIT CARD IS LOST OR STOLEN, NOTIFY YOUR BANK OR THE FINANCIAL INSTITUTION THAT ISSUED THE CARD AT ONCE.
LIABILITIES AND RESPONSIBILITIES
A. Your Financial Obligations.
If a transaction used to fund a payment is reversed or you initiate a charge back, you promise to pay any negative balance immediately. You authorize PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC, without need of notice to you, to charge the deposit account you have used to fund your payment in the amount of any such negative balance. PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC has the right to collect from you the amount of any uncollected or reversed payment, plus any collection expenses, court costs and reasonable attorneys’ fees. You agree to hold PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC harmless from any losses, costs, expenses or damages that either of them may incur in connection with the collection of the negative balance or amount or reversed payment or in defending any of the foregoing actions, including court costs and attorneys’ fees. You acknowledge that transactions may be reported to a collection agency or credit bureau if you do not pay PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC in accordance with this Agreement. PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC’s making of any payment without receiving sufficient funds will not create any obligation on the part of PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC to make any such payment in the future.
B. Your Obligation to Provide Complete and Accurate Information.
You represent and warrant that all information you provide to PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC in connection with the Service, including but not limited to your registration information and all data entered in connection with any payment or other transaction, will be complete and accurate in all respects. PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC are entitled to rely on any information you provide, and you agree to update your personal information using the Profile Management module once it changes. PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC also reserve the right to take steps to verify the information you provide, although it is not required to do so. IF YOU PROVIDE FALSE INFORMATION, YOUR ABILITY TO USE THE SERVICE MAY BE TERMINATED AND ALL PENDING PAYMENTS MAY BE CANCELLED. IN ADDITION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. Furthermore, you represent and warrant in connection with any payment that:
● The payment information, including the name, address and email address (if appropriate) of the Recipient, is accurate;
● You have authority to access the account from which your payment is being initiated and such account has a sufficient balance to complete the requested transaction;
● The method for funding your payment (deposit account at a depository institution) has a sufficient balance to make the payment; and
● The payment is lawful. You are solely responsible for ensuring that the payment has been addressed to the correct Recipient with the correct Account Number or Card Number. DO NOT SEND A PAYMENT IF YOU ARE UNSURE OF THE RECIPIENT'S ACCOUNT NUMBER OR CARD NUMBER. Neither PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC nor the Bank is responsible for payments made to unintended Recipients caused by incorrect information provided by you. Moreover, neither PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC nor the Bank is responsible for verifying the identity of Recipients.
You agree to indemnify and hold PNB Remittance Centers, Inc. and its authorized agent, XCHANGED LLC, the Bank, their affiliates, shareholders, directors, officers, employees, agents, suppliers and subcontractors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service.
C. Disclaimer of Warranties.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PNBRCI/XCHANGED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE TRY TO KEEP THE APPLICATION BUG-FREE, AND SAFE. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION, SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. WE ARE PROVIDING THE APPLICATION AND THE SERVICES AS-IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ON THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PNBRCI/XCHANGED PROVIDES THE APPLICATION AND SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT: (A) THE USE OF THE APPLICATION OR THE SERVICES WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PNBRCI/XCHANGED WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, REWARDS/POINTS , INFORMATION PURCHASED, OBTAINED AND/OR AVAILED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE APPLICATION WILL BE CORRECTED; OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE COMPLETELY FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PNBRCI/XCHANGED DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS, OR SERVICES.
D. Liability; Limitations.
If, after receiving a timely, complete and accurate payment request, a payment is not completed in the correct amount, PNBRCI/XCHANGED will be liable only for your proximately-caused actual damages as set forth below, to the extent required by applicable law. Without limiting the generality of the preceding sentence, PNBRCI/XCHANGED will not be liable if (i) through no fault of PNBRCI/XCHANGED, the deposit account from which you wish to transfer funds is not open or does not have a sufficient available balance to make the payment or funds transfer; (ii) you attempt to transfer funds in excess of the transaction limits set by PNBRCI/XCHANGED or applicable government rules and regulations; (iii) the Service was not working properly and you knew or had been advised about the malfunction before you completed the transaction; (iv) you did not follow all Service instructions properly; (v) PNBRCI/XCHANGED/the Bank does not correctly receive your instructions due to a telecommunications failure or otherwise; (vi) you provided an incorrect Account Number and/or Card Number for the intended Recipient; (vii) you improperly cancelled the payment; (viii) the account you have designated to fund the payment(s) has been closed or suspended, is invalid or you are not authorized to access such; (ix) a Recipient has refused to accept a payment or fails to deposit or cash the check within the applicable time frame; (x) circumstances beyond PNBRCI/XCHANGED’s or the Bank's control prevent any payment from reaching the Recipient; or (xi) upon the occurrence of any other facts representing circumstances analogous to the foregoing which would constitute an exception to PNBRCI/XCHANGED or the Bank’s liability.
If PNBRCI/XCHANGED or the Bank is deemed liable to you in connection with any payment or other transfer of funds made or not made in accordance with this Agreement, the maximum aggregate liability of PNBRCI/XCHANGED or the Bank will be the amount of the payment or transfer, without interest, unless otherwise required by applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF PNBRCI/XCHANGED, THE BANK, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: PNBRCI/XCHANGED AND THE BANK ARE NOT PARTIES TO THIS AGREEMENT ONCE THE FUNDS REPRESENTING YOUR PAYMENT ARE TRANSFERRED TO ANOTHER INSTITUTION. AT ALL TIMES UNDER THIS AGREEMENT, PNBRCI/XCHANGED’S LIABILITY IS LIMITED TO ACTIVITIES WHICH OCCUR IN THE UNITED STATES AND ARE EFFECTED IN AN ATTEMPT TO DELIVER A PAYMENT TO A RECIPIENT OUTSIDE OF THE UNITED STATES.
a. General. We may, at any time and in our sole discretion, refuse any transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis without prior notice. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in PNBRCI/XCHANGED’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
b. Delays. Your transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your transaction instructions and Payment Instruments, contact and locate you or your Recipient, and otherwise comply with applicable law. Business hours and currency availability of our Service Providers may also cause delays.
c. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. PNBRCI/XCHANGED or the Bank may cancel any transaction and close any account that it suspects is being utilized for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money- laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient that has violated the User Agreement. PNBRCI/XCHANGED or the Bank reserves the right to report you to the appropriate law enforcement agency or agencies.
d. Others. You may not submit or receive a transaction on behalf of any other person, or on behalf of a business, charity, or other non-human entity. We may, at any time and in our sole discretion, refuse any transaction, close multiple accounts held by an individual or persons related to the individual or living in the same household.
You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
- this Agreement and any amendments, modifications or supplements to it;
- your records of transactions through the Service;
- any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law;
- any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service;
- any other communication related to the Service.
Communications may be provided to you through the use of emails, calls or text messages using the email address and/or contact information you have provided us. We may contact you directly or we may share your phone number and/or email address with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply. The hardware and software requirements for access to and retention of the Communications associated with the Service include a personal mobile phone, computer or other device which is capable of accessing the Internet; an Internet Web Browser; and a printer or other device capable of printing and/or retaining agreements and documents.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Agreement.
OTHER IMPORTANT INFORMATION
A. General Information.
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Service and supersedes any prior agreements between you and the Company to the extent that they might otherwise apply to the Service. Otherwise, any such other agreements remain in full effect in accordance with their terms. You may also be subject to additional terms and conditions that may apply when you use related services or third-party software. This Agreement and the relationship between you and the Company are governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of California. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within 1 year after such claim or cause of action arose or it will be forever barred.
The Company reserves the right to terminate your ability to use the Service for any reason and may cancel any pending payment. Suspension or termination may occur if in the Company’s sole determination
1. You have not properly funded a requested transaction;
2. You attempt to initiate a payment from an account that does not belong to you;
3. You use the Service, directly or indirectly, for any unlawful or improper purpose;
4. You provide incorrect or false information about yourself, or your accounts or about a Recipient or Beneficiary;
5. You use or attempt to use the Service for tampering, hacking, modifying or otherwise corrupting the security or functionality of the Company's software;
6. The Company receives conflicting claims regarding ownership of, or the right to use, an account used to fund payments;
7. The Company receives a garnishment, levy or other legal process that affects payment;
8. You have breached any term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false; or
9. If the Company determines, in its sole discretion, that you are no longer actively using Service.
You agree that the Company will not be held responsible or liable to you, any Recipient or any other person for such termination. Moreover, you understand that the Company may report suspicious activity to appropriate law enforcement organizations.
To voluntarily terminate your ability to fund your account, you must access the Service and inform the Company of your desire to remove any and all references to your provided source of payment. If you wish to use the service again, you must provide a new source of payment and appropriate verification must be made to assure us of your authority over said source of payment.
Upon the termination of your ability to make payments for any reason, all of your pending payment requests will be terminated. If you have no outstanding obligations in connection with the Service, any remaining balance will be credited to the deposit account you used to fund payments. Termination of this Agreement will not affect your liability arising from acts or omissions prior to termination, including your liability for any payment.
C. System Malfunctions
The Company is not liable for any loss resulting from a cause outside their direct control, including the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, use or inability to use our systems, website, mobile applications or our Services, computer viruses, "hacking," unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or government restrictions, or for any information lost due to malfunction or loss of any email systems.
D. Changes to this Agreement.
We reserve the right to supplement and change the charges, fees or other terms of this Agreement (including the fee schedules referenced in this Agreement) and related documents upon providing notice to you within the website or mobile app, by email or by an online posting on our website at https://xchangedremit.com. You agree that a mobile app notice, email notice or website posting constitutes written notice under all applicable law and regulation. We reserve the right to make modifications take immediate effect in circumstances permitted by law, such as where an immediate change is necessary to maintain or restore the security of an account or fund transfer system. You can review the current version of the Agreement at any time by reviewing the website or mobile app Terms and Conditions module. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you will be deemed to have accepted that amendment or modification. You acknowledge that you cannot modify this Agreement by yourself and no employee or agent of ours may modify this Agreement other than by the notice process described in this section.
E. Use of Information and Disclosure to Others.
In addition to the foregoing, we will disclose information to third parties about your account or the transfers you make (i) where it is necessary for completing transfers, or (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) in order to comply with government agency or court orders, or (iv) if you give us your written permission.
You may not assign this Agreement to any other party. The Company and/or the Bank may assign this Agreement or delegate certain of their rights and responsibilities under this Agreement to third parties without notice to you.
G. No Waiver.
The Company may not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of the Company to exercise or enforce any right or remedy in connection with this Agreement will not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion may not be construed as a bar or waiver of any rights or remedies on any other occasion.
H. Business Days.
For purposes of this Agreement, our "business days" are Monday through Friday, excluding federal holidays and California state holidays. However, the Company generally makes the Service available online even on days that are not business days.
I. Other Disclosures.
1. Financial Institution’s Liability
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1.1 If, through no fault of ours, you do not have enough money in your account to make the transfer.
1.2. If the transfer would go over the credit limit on your overdraft line.
1.3. If the system was not working properly and you knew about the breakdown when you started the transfer.
1.4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
1.5. Under other exceptions stated in our agreements with you.
We will issue a receipt of your remittance transfer through the Service. A copy will be sent to your email address or you may view your latest twenty-five (25) remittance transfers using the Transaction History module of the Service.
J. State Law Disclosures.
1. For CALIFORNIA residents:
RIGHT TO REFUND
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if PNB REMITTANCE CENTERS, INC. and XCHANGED LLC does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money.
If you want a refund, you must inform us using the website or mobile app feedback module, or mail or deliver your written request to PNB Remittance Centers, Inc. You may call at 1-855-889-7788 or mail to PNB Remittance Centers, Inc. at 225 W Broadway Suite 301, Glendale, CA 91204 Attention: Customer Service. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677 or 1-800-622-0620, by e-mail at firstname.lastname@example.org, or by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814.
2. For FLORIDA residents:
You may contact PNB Remittance Centers, Inc. by using the website or mobile app Feedback module of the Service, telephone at 1-855-889-7788 or by mail at PNB Remittance Centers, Inc., 225 W Broadway Suite 301, Glendale, CA 91204 Attention: Customer Service.
3. For MARYLAND residents:
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding PNB Remittance Centers, Inc. – Lic.# 958702 at Consumer Services Unit 500, North Calvert Street, Suite 402, Baltimore, MD 21202, phone number (888) 784-0136.
4. For TEXAS residents:
If you have a complaint, first contact the Customer Service of PNB Remittance Centers, Inc. using the website or mobile app Feedback Module of the Service or call at 1-855-889-7788, if you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free),www.dob.texas.gov.
5. ALASKA residents:
If your concerns relating to transfer is not resolved by PNB Remittance Centers, Inc with Tel (855) 889-7788, please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Formal complaints must be in writing, please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Formal complaint forms may be submitted via:
Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you have questions regarding formal complaints, please call 907-465-2521
6. For WASHINGTON residents:
RIGHT TO REFUND
Pursuant to Title 19, Chapter 230, Section 330, Subsection (3) of Washington State Revised Code, You, the customer, are entitled to a refund of all moneys received by PNB Remittance Centers, Inc.and its authorized agent, XCHANGED LLC, for transmittal within ten days of receipt of a written request for a refund unless any of the following occurs: (a) The moneys have been transmitted and delivered to the person designated by the customer prior to receipt of the written request for a refund; (b) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund; (c) The licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or (d) The licensee is otherwise barred by law from making a refund.
K. Delivery Methods and Timing
Once we determine that funds are available and debit the source account, we will promptly process the remittance transaction for payment to the Recipient. You must ensure that funds are available in your bank or credit union account to cover all remittances.
Philippine national or local holidays occurring during the remittance process may lengthen the delivery time.
1. Cash Pick-Up at Third Party. We work with third party outlets (each, a "Service Provider") to make funds available to Recipients. You are appointing your Recipient as your agent for the purpose of receiving funds transmitted through the Service. We try to provide current information on https://www.pnb.com.ph/index.php/locate-a-remittance-outlet about the location, availability, and hours of our Service Providers. However, we are not responsible for any inaccurate or incomplete information that may be posted on the website.
2. Verification. Recipients will be required to prove their identities before receiving funds by presenting valid identification. Also, Recipients may be required to provide a reference number or another similar identifier associated with their Transactions.
L. Your acceptance of these Terms
M. Contact Us