Please read these terms carefully before using this site.
2. Purpose of the Website
The goal of this web site is to provide you with access to information about your fleet charge card account. Do not use this web site if you do not agree with these terms. These Terms supplement your Business Charge Account Agreement and shall be applicable upon your use of the site. Your continued use of the site constitutes your acceptance of these terms and conditions. If you have any questions, please call Customer Service at 1-800-492-0669.
3. Trademarks, Service Marks and Copyrighted Materials
We control and operate this website. All content on this website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by us, our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to you using this site. You agree to abide by all additional copyright notices, information, or restrictions contained in any content that is presented on this site.
You may not use any registered or unregistered trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another website any of the content or other materials on this website without our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of content, except as authorized by these Terms, is considered intentional infringement.
4. Use of the Site
You are accessing WEXOnline® using the Internet and your Internet service provider. Although we use both password and database security to provide protection for WEXOnline®, security of data and passwords cannot be guaranteed. We hereby disclaim all liability for any security breaches of online communications or for any electronic, hardware or software failures, data transmission errors or failures, data corruption, lack of access to WEXOnline® or viruses affecting your data or systems (collectively "System Failures"). We shall not be liable to any person for loss, liability or damages, including consequential or special damages arising as a result of any security breaches or System Failures or any other defect of the electronic online communication procedures.
You understand that you are solely responsible for maintaining the security of your password and User ID against theft or unauthorized use and that any person possessing your password and User ID can order additional cards and take other action with respect to your account. You agree that you shall exercise all precautions commensurate with the highest reasonable standards of security for the protection of your security information. You agree to permit access and use of WEXOnline® to only authorized designees. Any account maintenance effected with the use of your User ID and password shall be conclusively presumed to be authorized by you for all purposes and you accept all liability for use of cards ordered and any other transactions effected through WEXOnline®. You agree to notify us immediately if you suspect that your User ID or password has been lost, stolen, or the subject of unauthorized use. You agree that the security procedures provided with WEXOnline® including without limitation, data encryption, are commercially reasonable and adequate for your use. Furthermore, you agree that you shall not circumvent the encrypted data or attempt to obtain unauthorized access to the site or portions of the site which are restricted from general access.
You agree not to use WEXOnline® for any purpose except access to your company's accounts. In using this site, you agree not to disrupt or interfere with the site, its services, system resources, nor to upload, post or otherwise transmit any viruses or other harmful, disruptive, inappropriate, illegal or destructive files. You also agree not to use, attempt to use, or access other accounts, or create or use a false identity on the site.
You agree to indemnify and hold us, and our parents and affiliates, harmless for any loss or damage caused by your access, attempted access to or manipulation of any account or data of any third party and/or any defect in your system that causes damage to our hardware, software or data. We reserve the right to terminate or suspend access to WEXOnline®, in whole or in part, at any time, without notice.WEXOnline® and the information provided on this site is provided "AS IS" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. FleetServices, its parent and affiliates, make no warranty that use of the site or the materials will be uninterrupted, timely, secure, or error free or that defects, if any will be corrected and we assume no responsibility for any damages that may be suffered by you, including, but not limited to, losses from delays, nondelivery of content or any communications, errors, system down time, network or system outages, file corruption or service interruptions.
5. Governing Law, Severability
We operate this website (excluding linked sites) from our offices within the state of Maine. The website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Maine, by accessing this website, you agree that these Terms and your use of the web site shall be governed in all respects by federal law and the internal substantive laws of the State of Maine, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Maine for all disputes, cases and controversies regarding this website, your use of this web site, and your relationship with us. We make no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. Customers who choose to access this web site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside. If any provision of these terms is prohibited by or rendered invalid by applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
6. For Customers Using Electronic Billing Method
You may receive copies of your invoice via WEXOnline®. In the event that you elect to receive all your invoices electronically and not via standard U.S. Mail, the invoice shall be deemed delivered to you upon our confirmation of electronic mailing. All the terms and conditions concerning payment and any disputes in billing as set forth in your Business Charge Account Agreement remain in full force and effect. If you wish to make an inquiry regarding an invoice or a particular transaction, please contact Customer Service at the number listed above.
7. For Customers Using Electronic Payment Method
If you enroll in our electronic payment service, you can make payments due under your Business Charge Account Agreement by initiating an electronic payment from your account maintained at your financial institution, by means of an Automated Clearing House (the "ACH"), and the following terms and conditions will apply to any such payment:
(c) You will provide express authorization in the form required under the Rules, for all Entries.
(d) The Company will provide Entry information in the manner specified in the electronic payment request on this site. Such information will include your bank account number, your bank's ABA routing number, the payment amount and payment date.
(e) The deadline for submitting an Entry is 3:30 PM EST on each business day.
(f) If you would like to cancel or modify an Entry, you can do so before the 3:30 PM EST deadline.
(g) You will ensure that the Account contains sufficient immediately available funds to cover any debit Entry initiated to it not later than the Settlement Date applicable thereto.
(h) In the event any Entries are rejected by the ACH for any reason whatsoever, it shall be your responsibility to remake such Entries or to make other arrangements for making payment of amounts due under your Business Charge Account Agreement; provided, however, that Creditor's Bank shall remake such Entries in any case where such rejection by the ACH was due to mishandling of such Entries by Creditor's Bank and sufficient data is available to the Bank to permit it to remake such Entries.
(i) You will indemnify Creditor's Bank if Creditor's Bank incurs any loss or liability on account of the breach, with respect to any Entries initiated by you, of any of the warranties of Originating Depository Financial Institutions contained in the Rules, except due to Creditor's Bank's own negligence.
(j) In the event you incur any loss due to the mishandling of a particular Entry or Entries, Creditor's Bank's liability you shall be limited to the minimum amount required under Article 4A of the Uniform Commercial Code.
(k) You warrant the accuracy of all transactions presented to Creditor's Bank and warrant that all transactions presented to Creditor's Bank are authorized and agree to indemnify Creditor's Bank from and against any claims, including third-party claims, arising from the breach of these warranties.
(l) In the event any Entry or File of Entries is delivered to Creditor's Bank by an agent or employee purporting to act on your behalf, Creditor's Bank shall be fully protected in acting in reliance on such Entry or File of Entries and need not inquire of you as to whether the same is duly authorized.
(m) You are strictly responsible for establishing and maintaining procedures to safeguard against unauthorized Entries. You warrant that no employee or agent will be allowed to initiate Entries in the absence of proper supervision and safeguards, and you agree to take reasonable steps to maintain the confidentiality of any passwords, codes, security devices and related instructions Creditor's Bank provides to you in connection with any security procedures. If you believe or suspect that any such information or instructions have been known or accessed by an unauthorized person, you agree to notify us immediately. The occurrence of unauthorized Entries will not affect any Entries Creditor's Bank initiates in good faith prior to receipt of your notification and within a reasonable time period to prevent unauthorized transmissions. If Creditor's Bank receives an Entry (or a request for cancellation or amendment of an Entry) that purports to have been transmitted or authorized by you, it will be deemed effective as your Entry or request, provided that Creditor's Bank accepted the entry or request in good faith and acted in compliance with its security procedures with respect to the entry or request.
8. For Customers Using Controls:
These terms and conditions supplement your Business Charge Account Agreement and govern your use of Controls which may be used to help limit purchase capabilities on your cards and accounts.
Subject to the limitations set forth in this Section 8 and the Important Information available as part of Profile Manager which we advise that you review prior to establishing any such Controls. The availability and effectiveness of Control limits is dependent upon each merchant’s adoption of card specifications and the information transmitted to us by them. You understand and acknowledge that only transactions submitted to us for authorization are subject to Controls and that such Controls can only be enforced when the merchant provides sufficient information as part of their request for authorization for us to determine if it meets or exceeds the Controls that you have set. Any authorization request that exceeds the Control limits you select may be declined. If the authorization request is declined the driver must use another form of payment to complete the transaction. We are not liable on account of any merchant's refusal to honor the Card, regardless of the reason, whether or not you have established Controls for your cards or accounts.
The existence and/or use of Controls shall not affect your liability for unauthorized use of Cards. We reserve the right to modify Controls upon notice to you. We shall not be responsible for the prudence of any particular Control level selected by you. Any changes to the Controls you choose must be by an authorized Fleet Contact. You agree that we are authorized to rely on such changes and you further agree to indemnify us and hold us harmless for any loss, claim or damage allegedly caused by our reliance on such changes. You also agree that we will not be liable to you for any loss, liability or damages you suffer which arise from, are related to, or are in any way connected with any Controls or other purchase restrictions which we may implement from time to time.
For account service or billing statement information, or questions concerning electronic payment services, please call the following number: 1-800-492-0669, or send inquiries to: FleetServices, PO Box 639, Portland, ME 04104. Be sure to include your account number with all inquiries.
© 2007 WEX Inc.. All rights reserved.
Security of Your Data at WEXOnline®
In order to access your data through WEXOnline®, you will be required to enter a user ID and password. The user ID and password are uniquely associated with your fleet data and restrict unauthorized users from viewing or retrieving data and reports. For a second layer of security, WEX Inc. employs a sophisticated firewall that protects the web and database servers from hackers and intruders attempting to gain access to your fleet data.
Security of Your Data across the Internet
A third layer of security is data encryption, or Secure Socket Layer (SSL), between the web server and your browser. Encryption helps prevent technically sophisticated individuals who have the desire, tools, and opportunity from intercepting your data as it travels over the Internet.
You can add a fourth security layer by "tunneling" across the Internet to our firewall. Tunneling requires installation of additional software and a fixed IP address, which may be acquired from your local systems administrator or Internet service provider.
Internal Security for User IDs and Passwords
Anyone possessing your account number, user ID and password can access your account, order new cards, and cause financial injury to you. You must keep your User ID and password confidential. Should you believe unauthorized persons have access to either your User ID or password notify your Customer Service Department immediately.
Technical questions and concerns relating to security should be directed to the WEX Inc. Webmaster at email@example.com. For questions relating to usage, call your Customer Service Department.
Information privacy is important to you. Protecting your information privacy is critical to us. Therefore, we commit to:
Information That We Collect and Its Use
WEX collects information: 1) from you and from certain third parties when you submit a WEX Inc. Commercial Credit Application; 2) in the form of transaction data when you use your WEX Inc. card; 3) when you submit a request for information about WEX Inc. programs via e-mail; 4) through the use of web tracking software; and 5) from third parties to help us identify products and services which may be useful to you.
When a cardholder uses their WEX Commercial Card we collect transaction data which may be viewed via your WEXOnline account. Such data typically includes the following information:
WEX uses transaction data gathered when you use your WEX Commercial Card for the purpose of processing the transactions as well as for other lawful commercial purposes. The transaction data is critical to our ability to provide billing, electronic bill paying and presentment products ("EBPP") and reporting to you.
For some WEX commercial card programs, transaction data is collected by a third-party processor and transmitted to WEX. Please refer to Section C(2) below for additional information about information sharing with third parties.
WEX utilizes web tracking software that allows us to collect and store information such as the name of the domain from which you access the Internet, the date and time that you access our site, the Internet address of the website from which you linked to our site, and the pages that you visited while on our web site.
WEX uses the information collected as a result of our web tracking software to help diagnose problems with our server, to track user traffic patterns, and to administer our website. This information allows us to determine which areas are of most interest and use to our visitors, which avenues of site promotion are most effective and at what time we can expect peak usage.
WEX may supplement the information that you provide with additional information we receive from third parties, including service providers, credit bureaus and industry trade groups. We treat any supplemental information we receive from third parties as carefully as the information that you provide to us directly.
WEX may use aggregated application information or transaction data for internal and external analytical purposes. Further, WEX may utilize aggregated information or data for marketing purposes. However, aggregated information and data will not be identified with any particular applicant, individual customer or individual cardholder.
With Whom We Share the Information We Collect
WEX may use the personally identifiable information that you provide, such as your postal address and/or e-mail address to send promotions or solicitations for products or services.
WEX may from time to time retain the services of third-party technical service providers and consultants. These third parties are only allowed access to the information that we collect to the extent that is required for them to perform the tasks for which they were retained. These third parties are contractually obligated to maintain confidentiality and further must agree to be bound by WEX’s privacy policies and applicable confidentiality agreements.
If a customer uses a Co-Branded or Private Label card, the Co-Brand or Private Label partner is given limited access to transaction data that allows them to determine what products are purchased by the customer and to tailor their services accordingly.
Certain Co-Brand or Private Label partners may be provided with aggregated customer information to be used for internal and external analytical purposes. WEX may also sell aggregated customer information to third parties for marketing or other purposes. Such aggregated customer information does not identify any particular applicant, individual customer or individual cardholder.
WEX also shares limited transaction information with merchants who accept our cards. The information that is provided to merchants is limited to transaction exceptions that provide justifications to the merchant when we will not reimburse them for a transaction (e.g. Invalid Fleet or Invalid Vehicle). Such information sharing serves the additional purpose of assisting WEX and the merchant in identifying and correcting processing errors to make our products easier and more convenient to use.
Subject to applicable legal restrictions, WEX may sell the personally identifiable information that we have collected about certain of our commercial customers to third parties for marketing purposes if we reasonably believe that such third parties can offer products or services that would be beneficial to those customers.
WEX may disclose or exchange with third parties any information that you have provided to us if we believe in good faith that the law requires us to do so or if it is necessary to protect the rights or property of WEX or our users. Additionally, as we continue to grow as a business, we may acquire or be acquired by another company. In such a transaction, customer information will most likely be one of the transferred assets.
Additional Privacy Issues
WEX recognizes the importance of secure online interaction, and we utilize a number of methods to safeguard your transmissions. Our website is hosted on secure servers with firewall protection. We maintain Secure Site status that is verified by security industry leader VeriSign, Inc. All information gathered on our website is encrypted during transmission with 128-bit SSL RSA-encryption and stored within secure databases protected by multiple firewalls. As effective as current encryption technology is, however, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information provided via our website will not be intercepted while being transmitted to us over the Internet.
WEX provides only business services and does not intend to collect or knowingly collect any information from or about children. It is possible that a child may impersonate a company representative and attempt to access or use WEXOnline and, in so doing, provide the child’s name, address, phone number, fax number, email address and other identifying information. When such information is received and WEX is aware that the individual providing the information is a child, the information is used only to reject the child’s application and is immediately deleted by WEX. Such information is never shared with third parties. WEX cannot always determine if a visitor to its website or the sender of an email is a child.
Our website makes use of a standard feature of browser software called a "cookie" to assign each visitor a unique, random number. A cookie is a file that identifies a computer as a unique user. Cookies may be used to facilitate your use of our website, to maintain site security and to improve our website. Most browsers are initially set up to accept cookies. You may be able to reset your browser to refuse all cookies or to indicate when a cookie is being sent. If cookies are disabled, however, our website (and other websites) may be harder to use. A cookie can not read data stored on the hard drive of a computer.
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