“Definitions” on the Ezybonds site apply to the words used in this agreement.

“External Documents” on the Ezybonds site apply to this agreement.

1. Agreement
By submitting Your Registration Details or Your Electronic Instructions to Us You signal that You understand and agree to the terms and conditions of this Agreement and that You have determined that accessing and maintaining your Ezyaccount violates no laws or regulations in Your country of residence.

You also understand and agree that at all material times We never process Your Electronic Instructions or administer or manage Your Ezyaccount Balance. Your Electronic Instructions are processed by Our Payment Processors and Your Ezyaccount Balance is administered and managed by Our Custodians.

2. Memberships and the Ezyaffiliate and Ezymerchant Operating Programs
By simply providing Your Registration Details or Electronic Instructions, any entity or individual over the age of 18 years of age will be issued with a free Ezyaccount Membership. Memberships may be upgraded at any time and are not refundable under any circumstances.

Upon expiry of Your Membership, You will automatically receive a free Ezyaccount Membership so that You may continue to access Your Ezyaccount, receive Ezyaffiliate commissions, participate in the Bonus Draws, process Ezymerchant on-line payments or upgrade Your Membership for additional free Ezybond Dividend Rights.

As and when requested by Us, You must provide accurate and true details of Your:

Name.
E-mail Address.
Postal Address.
Credit card, Debit card, Bank Account or Stored Value Card.
Personal Identification as and when required by Your place of residence.

You are also entitled to access the free Ezymerchant Operating Program to facilitate and record the processing of Your customer's Electronic Instructions by inserting Our security coded HTML onto Your web site and creating Your own Ezyaccount payment button to automatically process such Electronic Instructions directly into Your Ezyaccount. Ezymerchant fees and charges are determined from time to time at Our sole discretion.

Whilst You are automatically entitled to access the free Ezyaffiliate and Ezymerchant Operating Programs You are under no obligation to partake in those programs unless You wish to do so.

3. Operating Your Ezyaccount
After providing Your Registration Details, You will instantly receive by email, a randomly generated username, password and security code. You must maintain a validated credit/debit card, stored value card or bank account and an e-mail address linked to Your Ezyaccount.

To protect You against identification fraud, Your credit/debit cards and bank accounts must be validated by Our Ezyvalidation System. When using Your credit/debit card or bank account for the first time, You will be requested to contact Your bank and obtain the randomly generated amount that We have linked to Your Electronic Instruction. By correctly indentifying the randomly generated amount, We will then immediately validate Your credit/debit card or bank account and forward to You by e-mail a unique PIN Code for future transactions. The Ezyvalidation System automatically terminates any Electronic Instruction in the event that Your credit/debit card or bank account is not validated within the time specified.

For each and every validated credit/debit card and bank account, We will issue You with Your own unique PIN Code. With Your PIN Code You may then instantly authorise any future Electronic Instructions when using Your validated credit/debit card or bank account. However, should You lose Your PIN Code then You must re-validate Your credit/debit card or bank account to receive a new PIN Code. Under no circumstances will We advise You of a lost PIN Code.

By validating Your credit/debit cards and bank accounts and subsequently authorising any Electronic Instructions using Your PIN Codes, You acknowledge and agree that Your Electronic Instructions are irreversible and constitute authorisation of Your electronic signature. Denial by You of Your Electronic Instructions constitutes a fraud and will be reported to the relevant authorities.

Once you have taken the above steps You may then undertake any Electronic Instructions when using Your Ezyaccount.

Providing You have sufficient cleared funds in Your Ezyaccount Our Payment Processors will immediately act on Your Electronic Instructions and notify You and Your Recipients accordingly.

If a Recipient does not have an Ezyaccount, an e-mail will be forwarded to the Recipient advising them to open a fee Ezyaccount using the security coded link and instantly receive a Transfer.

You are responsible for ensuring the correct identity and e-mail address of a Recipient and neither We nor Our Payment Processors will enter into any dispute other than to confirm that Your Electronic Instruction was made.

By providing Us with details of Your credit/debit card, stored value card or bank account, You authorise Our Payment Processors to access Your credit/debit card, stored value card or bank account to act on Your Electronic Instructions, Your Ezyaccount Balance or any fees, charges, commissions or refunds incurred in dealing with Your credit/debit card provider, stored value card provider or bank and to complete any documentation deemed necessary to complete Your Electronic Instructions. Our Payment Processors will use their best endeavours to ensure that Your Electronic Instructions are promptly processed but give no guarantee or warranty where delays in processing are due to matters outside of their care and control.

4 Transaction Limits and Currency
The frequency and or amount of any Electronic Instructions are limited to the maximum of the cleared funds available in Your Ezyaccount and or any regulatory requirements in Your place of residence.

Ezyaccounts and all Electronic Instructions are presently denominated in US Dollars.

The maximum Deposit that can be made to Your Ezyaccount at any one time is US$10,000 or less if regulated in the jurisdiction where You reside. Under no circumstances do We directly receive nor retain any Deposits.

All Electronic Instructions over US$2,000 may be subject to any regulatory record keeping and reporting requirements in Your place of residence.

5 Ezybond Operating Program
All Ezybonds reside in the jurisdiction of the Cook Islands and have been internally issued on terms and conditions set out in Regulation 2A of Our Articles of Association. At no stage and under any circumstances whatsoever are You or the general public offered Ezybonds for sale or subscription. However, You are entitled to receive free Ezybond Dividend Rights as part of Our exclusive loyalty rewards program.

In accordance with Regulation 2A a significant percentage of Our revenues are pooled in a "Bonus Pool" from which dividends are derived and randomly paid as Bonus Draws.

Subject to any variation made by Us from time to time, the number of free Ezybond Dividend Rights presently allocated to You are based firstly on Your Membership Level, and secondly, on Your Ezyaccount Balance.

Membership Levels

By agreeing to forgo interest on Your Ezyaccount Balance, You are entitled to receive one additional free Ezybond Dividend Right for each US$100 of Your Ezyaccount Balance held for not less than 30 days and for as long as such Ezyaccount Balance is retained.

You can receive more Ezybond Dividend Rights at any time by simply increasing Your Ezyaccount Balance or upgrading Your Membership.

Successful Members are immediately notified by e-mail and or SMS Text and dividends instantly credited to their Ezyaccounts.

6. Fees, Charges, Commissions and Refunds
Membership fees, credit/debit card charges, transaction processing fees, Transfer fees and Ezyaffiliate commissions are determined from time to time at Our sole discretion and any determination made by Us is final and binding.

Your Ezyaccount will also be charged with any fees incurred in dealing with Your existing banks, credit/debit card providers or payment solution aggregators.

In the event that Your customer successfully requests a credit/debit card or bank account reversal for any reason whatsoever, Your Ezyaccount will be immediately debited for the amount to be refunded. Should there be insufficient cleared funds available in Your Ezyaccount, then Our Payment Processors will immediately access Your credit/debit card, or bank account to refund the amount as requested by Your customer's issuing bank.

Members can accept customer payments by becoming a Certified Member by applying on-line and accepting the terms and conditions under Certified Membership. Ezybonds rebates to a Certified Member in respect of Tagged Members linked to the Certified Member pursuant to an agreement with the Accredited Corporate Member and Ezyaffiliate in accordance with and as recorded in the Splits Schedule.

7. De-activating Your Ezyaccount
Your Ezyaccount will be de-activated instantly:
Upon You clicking the “Close Account” link in Your Ezyaccount; or
After We give You notice of Our intention to Terminate this Agreement.

Your Ezyaccount will be de-activated immediately if at any time we reasonably believe that You have:

• Provided false information;
• Illegally used Your Ezyaccount for criminal purposes; or
• Persisted in breaching this Agreement.

Upon an Ezyaccount being de-activated, Your Ezyaccount Balance (if any) will be processed by Our Payment Processors according to Your Electronic Instructions and You agree that You will immediately forgo all Your right, title and interest to any unpaid commissions, Ezybond Dividend Rights or Membership entitlements.

8. Liability
Neither We nor Our Payment Processors will be liable for any loss or damage caused by:

• The inability to reverse any Electronic Instructions. Your Electronic Instructions are processed immediately upon receipt and for this reason cannot be reversed.
• The inability to carry out Your Electronic Instructions [as well as any goods, services, charges, taxes or duties paid by You] due to circumstances beyond Our Payment Processors control however arising. Your Electronic instructions will be observed as soon as possible thereafter.
• The inability to process any Electronic Instructions where You do not have sufficient cleared funds in Your Ezyaccount, Your credit/debit card or bank account is refused or You have provided Our Payment Processors with incorrect or out of date information.
• Any sums deducted fraudulently from your credit card, debit card or bank account.

Violation of any laws or regulations arising from the use of Your Ezyaccount and You indemnify Us against any liability so arising.

You agree that Your Electronic Instructions are irreversible and that You will not seek a refund from Us, Our Payment Processors, credit/debit card provider or bank at any time and that this Clause shall act as an estoppel against You or Your credit/debit card provider or bank seeking such a refund directly from Us, Our Payment Processors or any other facilities used by You or Us and You agree that any claim for a refund may result in a claim for damages calculated in terms of loss of revenue, costs and commissions paid AND You also agree that We shall be at liberty to apply for an uncontested injunction to stop any such claim.

You understand and agree that:

• A Cash Advance is never paid directly to an Ezymerchant.
• When successfully authorized, a Cash Advance is credited to Your Ezyaccount.
• Ezymerchants are always paid via an "email transfer" directly from Your Ezyaccount.
• A Cash Advance is never refundable to Your Credit Card.
• All refunds are paid directly into Your Ezyaccount.
• In order to retrieve a refund, You must first add a "Bank Account" to Your Ezyaccount profile.
• A Bank Account maybe added at any time by simply logging into Your Ezyaccount and clicking the yellow "Add Accounts" link followed by the blue "Bank Account" link.
• Once a Bank Account has been successfully added, You may then retrieve Your refund by clicking the yellow "withdrawal" link.

9. Password and Security Issues
WWe will use reasonable measures and care to keep secure and to prevent unauthorised access to your Ezyaccount. However, it is Your responsibility to keep Your password safe and secure. You must never record Your password unless such record is totally secure or reveal Your password or allow anyone else to use Your password to access your Ezyaccount. Where You have not kept Your security details and password secure We will not be responsible for any resulting loss.

Electronic Instructions received from Your e-mail address or SMS texting using your Ezyaccount security credentials will be deemed to have been made by You unless You advise Us to the contrary. You must contact Us immediately if You believe that someone else knows Your security details or password, or that the security of Your Ezyaccount has been prejudiced, or if You have forgotten Your password and still cannot remember it after receiving Your password hints. If this occurs, Your security details can be used to reset Your password but You will need to contact Us in order for Us to effect this.

10. Illegal and Wrongful Acts
Your Electronic Instructions will be monitored such that Our Payment Processors [at their absolute discretion] may refuse to act on Your Electronic Instructions, terminate this Agreement and close Your Ezyaccount or process Withdrawals to the rightful owner forthwith if for any reason Your Electronic Instructions were not given by You, the Electronic Instructions are not clear, might cause Us or Our Payment Processors to breach any law or any other contracts, Your Ezyaccount is being or may be used for criminal, illegal or improper purposes, or You have or attempted to hack, modify, tamper or corrupt any Ezyaccount or the web site.

Access to the website may not be legal for some or all residents in certain countries. We do not intend that the website should be used for any other purposes by You in countries in which such activities are illegal. The website does not constitute an offer, solicitation or invitation by Us for the use of Our services in any jurisdiction in which such activities are prohibited by law.

It is Your responsibility to determine the law that applies to You in the location in which You are present. You should ensure that You would be acting legally in that jurisdiction in subscribing as a Member or utilizing the web site.

We can accept no responsibility under the law in any jurisdiction other than the Cook Islands.

11. Safety of Funds
You understand and agree that at all material times Your Ezyaccount Balance is administered and managed by Our Custodians pending Your Electronic Instructions to Our Payment Processors.

12. Changes to the Contract
We may amend, vary or alter this Agreement at any time on Our website. If You do not agree with any proposed changes, either party has the right to terminate this Agreement immediately. In the event of closure, Your Ezyaccount Balance (if any) will be processed by Our Payment Processors according to Your Electronic Instructions.

13. Privacy
We will take all reasonable steps to keep all Your information secure and will not provide any such information to any other person, company or entity without Your consent, other than employees for the purpose of processing, to enforce this Agreement, to protect Our rights, to implement this Agreement or as required by law. We accept no responsibility for intercepted electronic data where such interception is not due to any negligence on Our part.

You agree to accept all emails from Us at any time.

14. Exclusive Free Operating Programs
The exclusive free Operating Programs and loyalty reward programs therein (if any) are offered to Members from time to time at Our sole discretion and may be varied, amended, or withdrawn by Us at any time without any prior notice.

15. Disclaimer
We shall not be liable for any claim or loss arising as a result of any force majeure, delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system, act of God, out break of hostilities, riot, civil disturbance, terrorism, an act of any government or authority, fire, flood, theft, malicious damage, strike, lock out, or industrial action.

We are not providing a banking business and are not subject to global banking legislation or regulations. Under no circumstances do We receive Your Deposits, process Your Electronic Instructions, forward Your Withdrawals, or retain Your Ezyaccount Balance.

We will use Our best endeavours in providing You access to Your Ezyaccount, Our Payment Processors and Custodians to act on Your Electronic Instructions and to administer and manage Your Ezyaccount Balance respectively.

For technical reasons, access to Your Ezyaccount may be suspended for short periods and We may not be able to advise You beforehand although We will endeavour to do so. On restoration of the service Your Electronic Instructions will be promptly adhered to.

Neither Ezybonds nor Ezybond Dividend Rights are offered to You or the general public for sale or subscription.

16. Trademarks and Copyrights
Ezyaccount, Ezybonds, Ezyaffiliates, Ezymerchants, and all related logos, products, services, graphics, trade dress, page headers, button icons, texts and scripts are Our registered trademarks, Copyrights and trade property and none of them may be copied, reproduced, imitated or used in whole or in part without Our prior written permission.

17. Governing Law
This Agreement is governed by the laws of the Jurisdiction and any disputes shall be resolved by the courts of the Jurisdiction.

© 2001-2008 Ezybonds Inc - All Rights Reserved