1. Flywire Service Overview.Flywire helps people live globally and pay locally. We enable educational institutions, healthcare facilities, and other related billers to collect payments towards fees owed, from individuals located in over 200 countries and territories making payment through their home currency.
2. Use of the Service.The Service allows international students and patients, their family members or other third parties to pay their tuition, room and board, or other fees owed to secondary schools, colleges, and universities, or pay their medical bills and associated fees to hospitals and associated healthcare facilities, for which Flywire Payments Corporation, Flywire Healthcare Corporation and affiliates serve as payment agents (each payment recipient, a "Designated Entity" ). We may work with local banks, foreign exchange providers, and other third-party service providers (each, a "Service Provider" ) to receive and/or settle payments to a Designated Entity’s bank account.
3. Eligibility.You must be at least 18 years of age to use the Service. By agreeing to these Terms, or by providing a notification to a Designated Entity that payment will be directed to the Designated Entity by Flywire on the Designated Entity’s behalf through the Service (each, a "Transaction" ), you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, company, or other payors, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization, or other payors. The Service may not be available in whole or in part in different locations, countries, and jurisdictions. We will inform you in the process of signing up or attempting to enter a Transaction whether we can serve your jurisdiction.
4. Accounts and Registration.To access features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
5.1. Payments Generally.Entering into a Transaction, or using other features of the Service, may require you to pay fees and/or may result in compensation for Flywire for currency conversion or services provided by Flywire as agent of the Designated Entity. The total Transaction amount displayed will be inclusive of any fees including foreign exchange fees applicable to the Transaction. By continuing with the Transaction, you agree to pay the total Transaction amount requested by Flywire. We are not responsible for any fees or charges for the Transaction that may be imposed by a financial institution or other payment provider, including Service Providers, associated with your Transaction. We are not responsible for any insufficient funds charges, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider or a Service Provider.
5.2. Flywire’s Role.You acknowledge that the payments made by you to the Designated Entity are transactions between you and the Designated Entity and not Flywire. Flywire is a third-party service provider facilitating payment processing as agent and on behalf of the Designated Entity and is not a party to any payment processed through the Service. Further, Flywire is not a financial institution or money transmitter, and does not receive, hold, process or transfer any funds on your behalf. Flywire is not responsible if you do not complete a payment initiated by you to a Designated Entity.
5.3. Payments Accepted on Behalf of Designated Entities.You agree to pay to us, on behalf of the Designated Entity, the amount you indicated when you submitted notice of the Transaction through the Service. If additional charges apply to the processing of this Transaction for the Designated Entity, we will notify you. Payment is due to the Designated Entity through the Service at the time you submit your Transaction through the Service. If as a result of your Transaction we are charged with non-sufficient funds fees, chargeback or reversal fees, or other similar fees, you agree to reimburse us for all such fees. In some instances, for Transactions funded from the sender’s bank account, you agree that we or our Service Provider may charge your bank account for less than the amount of the transfer as part of our effort to confirm ownership of the account.
5.4. Payment Instructions.5.4.1. Transaction Booking. A Transaction can only be processed to a Designated Entity if a booking is created through the site or website of a Service Provider. In the event that a booking is not created, Flywire will be unable to process a Transaction until a booking has been created. Additionally, we will not be responsible for any delays in processing or additional charges that may occur when we receive a payment with no booking, such as, but not limited to movements of the currency market, which may, or may not, result in a payment losing value. 5.4.2. Wire Transfer/Direct Debits. In order for us to process a wire transfer/direct debit received for the Designated Entity in a timely manner, you must diligently follow the instructions sent to the email address you provided when you notified us of the Transaction through the Service, or the website of a Service Provider for the service that you were referred to through the Service. You will need to either take the instructions to your financial institution or, if available, process the wire transfer or direct debit via your financial institution’s online portal. Our Service Providers may make available additional options for you to initiate a wire transfer/direct debit through their services. We do not have access to your bank account, so if your payment fails or is insufficient, you must resubmit the payment. You agree that, when you book a Transaction to a Designated Entity through the Service, if you will be initiating a payment from your bank account, that your account is denominated in the same currency as the Transaction booking information. PLEASE DO NOT MAKE A PAYMENT TO ANY ACCOUNT NUMBER OTHER THAN THAT PROVIDED IN THE INSTRUCTIONS. 5.4.3. Credit/Debit Card Payments. Flywire may make available to you the option to pay the Designated Entity by credit or debit card. If this option is available, your card will be charged in your local currency by Flywire on behalf of your Designated Entity for the amount of the payment and any applicable fees or charges, which will be disclosed to you prior to your initiating the Transaction. The merchant of record for such transactions will be Flywire’s European entities - peerTransfer S.L. or Flywire Payments Ltd. 5.4.4. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE OR ARE OWNER OF, AS APPLICABLE, ANY BANK ACCOUNT, CREDIT OR DEBIT CARD, OR OTHER PAYMENT METHOD USED TO INITIATE A PAYMENT THROUGH THE SERVICE.
5.5. Effective Date of Payment to Designated Entity.Once Flywire receives your funds on behalf of the Designated Entity, your payment to the Designated Entity will be considered paid and your obligation to the educational institution, healthcare facility or other biller, discharged. You will receive a payment confirmation email alerting you to Flywire’s receipt of your funds, and this will constitute proof of payment for your Transaction to the Designated Entity. Please note that the Designated Entity may take three or more business days to reflect payment in its student or patient account system.
5.6. Foreign Exchange Fees.The exchange rate applied to a particular Transaction is effective only for that Transaction,for the Designated Entity that you indicated you will pay , and not for any other Transaction. The payment amount received from the student, patient, or a related party, excluding applicable fees and prior to any foreign exchange conversion conducted by Flywire for the Designated Entity (the "Amount Received" ) will be the only amount processed by Flywire on the Designated Entity’s behalf. If there are Transactions with missing amounts, the additional amounts might not be considered for the original exchange rate provided.
5.7. Material Currency Fluctuations and Other Extraordinary Events.Flywire may, in its sole discretion and at any time, cancel a booked Transaction due to material changes in exchange rate fluctuations or due to other circumstances beyond our control. In such instances, you will be notified of the cancellation and have the option to rebook a Transaction with us at a newly quoted exchange rate. If delivery of the funds you have paid have been initiated, you will receive a refund of the amount remitted in the Transaction to your originating payment account as soon as is practicable.
5.8. Delays; Availability.Your payment may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions, contact and locate you, and otherwise comply with internal protocols of verification of identity against government-issued sanctions or watch lists, or any other applicable federal and state law. Business hours and currency availability may also cause a delay. While we make reasonable efforts to ensure that Transactions are processed in a timely manner, we make no representations or warranties that we will complete processing of a Transaction or regarding the time needed to complete processing. The Service is largely dependent on many factors outside our control. Nevertheless, you may be entitled to a refund in certain circumstances, at our discretion, as described in these Terms. The Service may not be available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain payment instruments. We may, at our sole discretion, refuse Transactions from certain payers and to certain Designated Entities, including entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other sanctions or watch lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
5.9. Refunds.The Service is provided by Flywire, as agent of a Designated Entity, for international students, medical patients, and others to make payments to a Designated Entity. Flywire, and its affiliates, are not responsible for providing refunds of any payment Transaction made through the Service to a Designated Entity. You should contact the Designated Entity directly for further details on obtaining a refund. Refund amounts will be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted, as well as charged a $35 USD fee. Additional fees, including, but not limited to, debit or credit card processing fees may also occur which we may, or may not, charge.
5.10. Verifying Information; No Changes.You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information you have provided to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources. We do not let you change the details of your payment once you have submitted it on the Service. It is your responsibility to make sure your payment details are accurate before they are submitted.
6. User Content.
6.1. User Content Generally.Certain features of the Service may permit users to upload content to the Service, including reviews, data, text, and other types of works ( "User Content" ) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
6.2. Limited License Grant to Flywire.By posting or publishing User Content, you grant Flywire a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
6.3. User Content Representations and Warranties.You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Flywire and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Flywire, the Service, and these Terms; and b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Flywire to violate any law or regulation.
6.4. User Content Disclaimer.We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Flywire may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Flywire with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Flywire does not permit copyright-infringing activities on the Service.
7. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:7.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law; 7.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; 7.3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; 7.4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 7.5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server; 7.6. use the Service for any of the following activities: sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; 7.7. use the Service other than for the processing of payments on behalf of an international student or healthcare patient to a Designated Entity; 7.8. use the Service to submit a Transaction on behalf of any other person unless there is a legal reason and provided there is a relationship between the parties; 7.9. register for more than one dashboard account on the Service, without our prior written permission; 7.10. provide false, inaccurate, or misleading information; 7.11. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; 7.12. use an anonymous proxy; 7.13. use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission; 7.14. frame any elements of the Service with any other website without our prior written permission; 7.15. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; 7.16. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; 7.17. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; or 7.18. attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.