A. This Site
peerTransfer Corp. and its affiliates, peerTransfer Limited (U.K.), peerTransfer S.L., a Spanish S.L. corporation, and peerTransfer Education Corp., a Delaware corporation, (individually and collectively, “we”, “our”, “us”, or “peerTransfer”) design and maintain www.flywire.com (the “Site”) as a means of providing information regarding our company and various services that we make available. As used on the Site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.
B. Acceptance of the Terms and Conditions
Please read this Agreement carefully. We reserve the right to amend this Agreement at any time and from time to time by posting a revised Agreement on the Site. This Agreement was last revised on the date provided below. If you use the Site after an amended Agreement has been posted, you will be deemed to have agreed to such amended Agreement. You may want to periodically visit this page to view the most recent Agreement.
C. Permitted Use of the Site; Restrictions
You will access and use the Site solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (1) is inconsistent with this Agreement; (2) violates any federal, state or local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party''s use and enjoyment of the Site. You acknowledge and agree that the Site and the Content includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, key-loggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other Content from the Site, you do so at your own risk.
D. Intellectual Property Rights
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain our property or the property of our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: “peerTransfer” are trademarks and service marks of peerTransfer. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without our prior written permission in each instance.
The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
F. Copyright Complaints
If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent (listed below) for claims of copyright infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of the information that you claim to be infringing and a description of where the material that you claim is infringing is located on the Site;
- A description of the copyrighted work that you claim has been infringed;
- Your full contact information, including address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
G. Feedback and Submissions.
Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the “Contributions”) are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions you are granting us any of our affiliated companies and sub licensees a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and to prepare derivate works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of the Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.
H. Linking and Framing
We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.
I. Links to Other Web Sites.
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy policies and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.
K. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PEERTRANSFER, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PEERTRANSFER PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE PEERTRANSFER PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE PEERTRANSFER PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
L. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE PEERTRANSFER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE PEERTRANSFER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE PEERTRANSFER PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law; Disputes and Miscellaneous shall survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You expressly absolve and release the peerTransfer Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.
The payment processing services referenced under this User Agreement are provided on behalf of your Designated School by peerTransfer S.L. on behalf of peerTransfer Education Corp., depending on the type of payment method used for the payment.
In the event you choose to pay with a credit card issued in any location, this User Agreement will be an agreement between you and peerTransfer S.L. For any other transaction, this User Agreement is an agreement between you and peerTransfer Education Corp.
The terms 'you' and 'your' refer to users of the Service. peerTransfer shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of this User Agreement at any time. You will be notified of any changes through a posting on the Site, a notification in the Service, or via e-mail. Any and all changes shall be effective immediately following the posting of such changes. The most recent version of this Agreement may be found at www.flywire.com/terms. You agree to review this Agreement from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Service immediately and notify us through the contact information at the end of this document.
A. OVERVIEW OF THE SERVICE
The Service is a proprietary service made available by peerTransfer. The Service was created to allow international students and their families to pay their tuition and related payments to designated peerTransfer secondary schools, colleges and universities for which peerTransfer Education Corp. and its affiliates serve as payment agents (each a “Designated School”). You are prohibited from using the Service to send money to persons or entities other than the Designated Schools.
The Service is provided by peerTransfer to process payments, as agent and on behalf of, Designated Schools from people generally located in countries outside of the United States for tuition and related payments. For purposes of this Agreement, the 'Destination Country' is the country in which the Designated School receives payment through the Service. peerTransfer School.
As used in this User Agreement, a 'Transaction' is a notification to the Designated School, and peerTransfer on the School’s behalf, that payment will be directed to the School through the Service. The Amount Received is the payment amount received from the student or a related party, excluding applicable fees and prior to any foreign exchange conversion conducted by peerTransfer for the Designated School. The ‘Amount Paid’ is the amount the Designated School will receive in its local currency, excluding any taxes or charges that may be levied under the laws of the Destination Country (the 'Local Taxes').
B. ACCESSING THE SERVICE AND SITE
Eligible Users. You must be at least eighteen (18) years old to access or use the Service or Site. You must be able to form legally binding contracts under the applicable law of the location from which you access this Service. Other restrictions may apply.
We do not intend to solicit information or to market any products or services to children through this Site. Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.
- Not Available to Certain Residents. 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 whether we can serve your jurisdiction.
- peerTransfer’s Role. You acknowledge that the payments made by you to the Designated School are transactions between you and the Designated School and not peerTransfer. peerTransfer is a third-party service provider facilitating payment processing as agent and on behalf of the Designated School and is not a party to any payment processed through the Service. Further, peerTransfer is not a financial institution, money transmitter or money services business, and does not receive, hold, process or transfer any funds on your behalf. peerTransfer is not responsible if you do not complete a payment initiated by you to a School.
- Payments Accepted on Behalf of Schools. You agree to pay to us, on behalf of the Designated School, the amount you indicated when you submitted notice of the Transaction through the Site. If additional charges apply to the processing of this transaction for the Designated School, we will notify you. Payment is due to the Designated School through the Service at the time you submit your Transaction through the Site. If as a result of your Transaction we are charged with NSF 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.
- Payment Instructions.
- Transaction Booking. A payment transaction can only be processed to a Designated School if a booking is created through the site or website of a service provider. In the event that a booking is not created, peerTransfer will be unable to process a payment 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.
- Wire Transfer/Direct Debits. In order for us to process a wire transfer/direct debit received for the Designated School 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 Site, or the website of a Service Provider for the Service that you were referred to through the Site. 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 School 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.
- Credit/Debit Card Payments. peerTransfer may make available to you the option to pay the Designated School by credit or debit card. If this option is available, your card will be charged in your local currency by peerTransfer S.L. on behalf of your Designated School for the amount of the payment and any applicable fees or charges, which will be disclosed to you prior to your initiating the transaction.
- 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.
- Effective Date of Payment to School. Once peerTransfer receives your funds on behalf of the Designated School, your payment to the Designated School will be considered paid and your obligation to the school discharged. You will receive a payment confirmation email alerting you to peerTransfer’s receipt of your funds, and this will constitute proof of payment for your Transaction to the Designated School. Please note that the Designated School may take three or more business days to reflect payment in its student account system.
- Fees and Other Charges. Any fees imposed for use of a wire transfer, credit or debit card will be disclosed to you prior to your initiating the transaction. 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.
D. ACCESS TO YOUR INFORMATION
You can access, modify or update your personal information submitted on our Site by logging into your account and changing your preferences. However, be aware that if the changes are substantial and/or directly affect the processing of the Transaction, it might also affect the timeframe in which your payment is settled to the school or it might be cancelled completely.
E. PROTECTION OF YOUR PERSONAL INFORMATION
peerTransfer takes security of personal information submitted on our Site seriously. We apply stringent security measures, similar to those used by financial institutions to protect non-public personal information from unauthorized use or access. While we cannot guarantee complete security of your information, our security program integrates infrastructure, applications, and processes to provide comprehensive, layered data protection of — starting with our 256-bit SSL Certificate.
SSL, which stands for Secure Sockets Layer, is a protocol that allows traffic between a web server and client (ie, the browser) to be strongly encrypted, using public key technology. Access to a SSL-enabled server is made through URLs that begin with https://www. . . rather than http://www. . . All traffic in both directions is encrypted. The secure server must present a digital certificate before the connection will be trusted by the client.
All peerTransfer profiles (student profiles as well as host profiles) are password-protected. Users may change their passwords or limit access to their profiles at any time, via their own personal dashboard — which appears after a secure log in. For more information on this, please take go to www.flywire.com/privacy.
F. CHOICES YOU CAN MAKE ABOUT OUR USE OF YOUR INFORMATION
Service Providers. We may work with local banks, foreign exchange providers and other third-party service providers (each, a 'Service Provider') to receive and/or to settle payments to a Designated School’s bank account.
- General. We may, at any time, for any reason or no reason, in our sole discretion and without notice to you, refuse any Transaction or limit the amount to be received on behalf of a Designated School from you, either on a per Transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in peerTransfer’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.
- Delays. Your Transaction 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. Nevertheless, you may be entitled to a refund in certain circumstances, at our discretion, as described herein.
- Unauthorized Use of Service. The Service is only intended for the processing of payments by an international student to a Designated School, and you are prohibited from using the Service for any other purpose. You may not submit a Transaction on behalf of any other person unless there is a legal reason and provided there is a relationship between the parties.
- 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 any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, and money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances. If you use the Service in connection with illegal conduct, peerTransfer reserves the right to cancel the booked transaction and report you to the appropriate law enforcement agency or agencies.
- Ineligibility. 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 payors and to certain Designated School(s), including without limitation, 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.
- Exchange rate: The exchange rate of which you are notified in the instructions provided to you for a particular Transaction is effective only for the amount you indicated you will pay the Designated School pursuant to that Transaction and not for any other transaction(s). The Amount Received will be the only amount processed by peerTransfer on the School’s behalf at the exchange rate stated in the instructions for that Transaction. If there are transactions with missing amount, the additional amounts might not be considered for the original exchange rate provided.
- No Changes. We generally do not let you change the details of your Transaction once you have submitted it on the Site or a Service Provider website. It is your responsibility to make sure your Transaction details are accurate before they are submitted.
- Restricted Activities. In connection with your use of the Service, or in the course of your interactions with peerTransfer, a user or a third party, you agree that you will not:
- Breach this User Agreement, or any other agreement between you and us.
- Register for more than one dashboard account on the Site, without our prior written permission.
- Provide false, inaccurate, or misleading information.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
- Use an anonymous proxy.
- Use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission.
I. COLLECTION OF INFORMATION
- Verifying information. 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.
J. CUSTOMER SERVICE AND REFUND POLICY
- General. Should you have any questions, comments, or concerns with the Service or the contents of this document, please contact us using the contact information at the bottom of this User Agreement.
Refunds. The Service is provided by peerTransfer, as agent of a Designated School, for international students and others to make payments to a Designated School.
peerTransfer, or its affiliates, are not responsible for providing refunds of any payment transaction made through the Service to a Designated School. You should contact the Designated School directly for further details on obtaining a refund.
We may, at our sole discretion, consider a refund request only if the Transaction was not paid out to the Designated School (in which case we will also cancel your pending Transaction). A written request must be made (submitted by email, fax, or regular mail using the contact information at the bottom of this Agreement) if you provide the sender’s full name, address, and phone number, together with the Transaction amount, and the reason for the refund request.
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. Additional fees, including, but not limited to, debit or credit card processing fees may also occur which we may, or may not, charge.
K. DISCLAIMER OF WARRANTIES
The Service is provided “as is” and without any warranty or condition, express, implied or statutory. We, our affiliates, subsidiaries, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but 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. We also make no representations or warranties that the Service will be accessible, will operate as intended, or will be uninterrupted or error-free, and peerTransfer is not responsible for any interruptions of the Service, including but not limited to interruptions that may affect the receipt, processing, acceptance or settlement of payment transactions.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights; however, you may also have other legal rights that vary by jurisdiction.
You agree to indemnify and hold peerTransfer, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claims, losses, liability, expenses or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another.
M. LIMITATION OF LIABILITY
In no event shall peerTransfer, Service Providers, or their respective subsidiaries, officers, agents, partners, or employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of $500.00 (in addition to refunding the Transaction Amount), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if peerTransfer has been advised of the possibility of such damages) resulting from negligence on the part of peerTransfer, disbursement partners, or their respective subsidiaries, officers, agents, partners, or employees.
In addition, we will not be liable for any failure, delay or other nonperformance resulting from a condition that is beyond our reasonable control, including but not limited to, strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond our reasonable control.
peerTransfer may make changes or improvements to the Service described herein, at any time, without notice.
A. DISPUTE RESOLUTION AND GOVERNING LAW
- Governing Law. This Agreement and User Agreement, and any controversy, dispute, or claim arising out of or relating to the Service, Agreement or User Agreement, shall be governed by and construed in accordance with the laws of England subject to the cases where according to the relevant European Union legislation a given issue is governed by the laws of another jurisdiction, and all activities performed in connection with the Service shall be deemed to have been performed in England.
- Disputes with peerTransfer. If a dispute arises between you and peerTransfer, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Peertransfer regarding the Service may be reported to Customer Service online through www.flywire.com/contact
- Forum for Disputes. You and peerTransfer agree to submit to the exclusive jurisdiction of the English Courts to resolve any legal matter arising from the Agreement or User Agreement, subject to the cases where according to the relevant European Union legislation a given matter can be resolved by the courts of another jurisdiction. Notwithstanding this, you agree that peerTransfer may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. ELECTRONIC COMMUNICATIONS
- You acknowledge that this Agreement and User Agreement shall be entered into electronically, and that the following categories of information (''Communications'') may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of Transactions through the Service; (iii) any initial, periodic or other disclosures, receipts or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or peerTransfer.
- 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 User Agreement.
- Entire Agreement. The Agreement and User Agreement constitute the entire agreement between you and peerTransfer and governs your use of the Service, superseding any prior agreements between you and peerTransfer.
- No Waiver. The failure of peerTransfer to exercise or enforce any right or provision of the Agreement or User Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement or User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement or User Agreement as reflected in the provision, and the other provisions of the Agreement or User Agreement shall remain in full force and effect.
- Modification. We may modify this Agreement or User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement and User Agreement at any time by reviewing this website. 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 shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement or User Agreement and acknowledge that any attempts by you to do so shall be void.
- Language. In the event there is any inconsistency between the English and Spanish or other language text on this Site, including the User Agreement, the English text shall be binding.
D. CONTACT INFORMATION
- For Customer Service Queries:
- by online at: www.flywire.com/contact
- by phone: US toll-free 1-800-346-9252 or 1-617-207-7076 for international customers;
- by fax at: 1-617-778-2233; or
by mail at:
- peerTransfer Education Corporation
- Attn: Customer Service/Terms,
- 141 Tremont Street, 10th Floor
- Boston, MA 02111 , USA
- Contact Information for peerTransfer, S.L:
- by phone: US toll-free 1-800-346-9252 or 1-617-207-7076 for international customers;
by mail at:
- peerTransfer, S.L
- Calle del Grabador Esteve, 14, Bajo Izquierda
- 46004 Valencia
Last updated: June 16, 2014
Non-EEA Money Transfer Agreement
This agreement (“Agreement”) is a contract between you (“you” and ”your” as appropriate) and peerTransfer Limited (“peerTransfer”) a United Kingdom (“UK”) company with company number 07677601 and whose principal place of business is Level 39, 1 Canada Square, London E14 5AB, UK. peerTransfer is a payment institution authorised under the Payment Services Regulations 2009 and regulated, by the Financial Conduct Authority with registration number 570754.
These Terms and Conditions are effective from 15 July 2015
1. Transfer Service
1.1 peerTransfer will provide a service (“Transfer Service”) that can: (i) transfer funds from your bank account in the European Economic Area (“EEA”) to a specified recipient’s bank account outside the EEA (“Transfer”); and (ii) prior to the Transfer, convert the funds from the currency of your bank account, and in which we receive funds from you, to the currency of recipient’s bank account (“Exchange”).
1.2 In order to use the Transfer Service, you must be resident in the EEA, hold a bank account in the EEA, have access to the Internet and be at least 18 years old.
1.3 The purpose of the Transfer Service is to enable students or their family members or related third parties to transfer funds to a bank account. We prohibit the use of the service for payments to people with which you have no connection or to sellers of goods and/or services.
1.4 This Agreement applies separately to every Transfer that you subsequently book with us. The details of each Transfer will be specific to that transfer and as such will vary according to the amount you wish to transfer, currency, the date on which you book and will be agreed upon when you book the Transfer with us. Therefore, a separate agreement will exist for each Transfer which will comprise of the specific details that relate to that Transfer and this Agreement.
1.5 You agree that you are natural person, acting in your own right, as an individual and that funds will originate from your own bank account. We do not process payments on behalf of businesses.
You must register with peerTransfer on our website, following all the instructions, which will create an online account (“Account”). You are required to register (amongst other things):
- 1.6.1 your name;
- 1.6.2 your date of birth;
- 1.6.3 your address;
- 1.6.4 your mobile number;
- 1.6.5 your email address; and
- 1.6.6 the details of your bank account used for sending funds.
You must keep all the details in the Account up to date.
1.7 peerTransfer reserves the right to conduct anti-money laundering, counter-terrorist financing and anti-fraud checks at any time and suspend or terminate the Transfer Service without notice if the checks are not satisfactory. You agree to cooperate with peerTransfer by providing all information and documents requested by peerTransfer for the purposes of these checks and for enabling us to comply with relevant English legislation including the Money Laundering Regulations 2007.
1.8 In order to transfer funds using the Transfer Service you must instruct peerTransfer by specifying the name of the recipient of the Transfer, the amount to be transferred, the currency in which the Transfer must be made, the details of the bank account to which the amount is to be credited and authorise the Exchange and Transfer (“Transaction”) in the manner set out in the Account interface.
1.9 You must transfer funds to us as soon as practicable after the Transaction is booked on our website, and in any event within 3 business days of the Transaction being booked. If we do not receive the funds within 3 business days we reserve the right to cancel your Transaction.
1.10 Prior to authorising a Transaction, the Account interface will display: (i) the amount to be transferred in the currency of your bank account; (ii) the amount to be received by the recipient in the currency of the recipient’s bank account; (iii) the exchange rate applied for the Exchange; (iv) the fees charged for the Transaction (including a breakdown of the different fees charged, as applicable); and (v) the name of the recipient and the recipient’s bank account details.
1.11 peerTransfer will regard a Transaction as authorised by you if you follow the instructions provided by peerTransfer in the Account interface. Once peerTransfer has received your authorisation, you cannot withdraw it.
1.12 The Account interface will permit access to the history of all your Transactions and will set out for each Transaction all the information provided under clause 1.10, the debit date of the Transaction and the Transaction reference number. The Transaction history will be updated daily.
1.13 For the purposes of the Agreement, the date on which peerTransfer will be deemed to receive your payment order for a Transaction is the date on which peerTransfer receives relevant funds from the bank that holds your registered bank account. Any funds received: (i) after 16:15 (London time) on a business day; or (ii) on a weekend or public holiday in London, will be deemed received the next business day. peerTransfer will use reasonable endeavours to credit the amount of the Transfer to the recipient’s bank as soon as possible after peerTransfer receives the relevant funds.
1.14 peerTransfer may impose limits on the amount that can be transferred in a single Transfer or an aggregate of Transfers in a specified period such as a month or year.
1.15 You are not permitted to open more than one Account without our express written permission.
1.16 peerTransfer retains the right to reject a Transaction for failing to pass any check made under clause 1.7 or because it is unable or prohibited from conducting the Transaction or for any other reason. In the event the funds are already in peerTransfer’s possession, we will promptly notify you and such funds will be refunded as soon as legally permissible.
1.17 peerTransfer does not provide financial advice or guidance on when to make a Transaction and any support provided in purely related to the operations of making a transfer.
2. Charges and exchange rates
2.1 peerTransfer will charge you a fee for each Transfer which will be clearly displayed on the Transaction booking page, when you book a Transaction.
2.2 peerTransfer will charge a conversion fee for the Exchange as set out on the Transaction booking page.
2.3 peerTransfer will have no responsibility for any fees or charges which are out of our control. These include the cost of the use of a particular payment or transfer method by you to make a transfer to us, unauthorised overdraft fees, interest, cash advance or any other fees imposed by your bank.
2.4 peerTransfer will transfer the amount agreed upon to the recipient’s bank account and will disclaim liability from any charges applied after payment is made to the recipient, either by the recipient’s bank or third party
2.5 You acknowledge that exchange rates fluctuate rapidly and as such if a booking is not completed, by populating the relevant data fields and providing the identification documents requested in a timely manner, that the rate may change should you revisit the Account interface and re-book.
2.6 The exchange rate provided during the Transaction booking stage is the rate at which we will execute your Transaction. We will not owe you any profit or any other monies from any movements in the foreign exchange rate that occur between the Transaction booking date and date on which payment is made to recipient.
2.7 We may refuse to enter into a transaction with you if funds are not provided to us as in accordance with the timeframe specified on the Transaction summary when making a booking. In the event that you need to book a new Transaction with us, the exchange rate provided may be different.
2.8 It is your obligation to ensure you carefully follow the payment instructions we provide. peerTransfer cannot be liable for a failure to process any Transfer which is not carried out in accordance with those instructions
2.9 It is your responsibility to ensure that any Transfer is transmitted to us by your bank or financial institution in the currency that we request. In the event that a different currency is sent to us, we cannot be responsible for the rejection of the Transfer by our bank, or any loss incurred due to an automatic conversion of funds into the correct currency, by our bank. Should any such discrepancy occur, we may request additional funds from you to cover that discrepancy
2.10 In the event that an exchange rate is provided by us to you for a Transaction, which is clearly a mistake caused by technical or human error, we reserve the right to refuse to enter into such a Transaction
2.11 It is your obligation to make payment in accordance with the instructions we provide, peerTransfer cannot be liable for the failure to process any payment which is not carried out in accordance with those instructions
2.12 It is your responsibility to ensure that any Transaction is transmitted to us by your bank or financial institution in the currency that we request. In the event that a different currency is sent to us, we cannot be responsible for the rejection of the transaction by our bank, or any loss incurred due to an automatic conversion of funds into the correct currency, by our bank. Should any such discrepancy occur, we may request additional funds from you to cover that discrepancy
3.1 peerTransfer can be contacted by post at peerTransfer Ltd, Level 39, One Canada Square, London, E14 5AB, online by visiting our contact page , by telephone at +44 (20)3 3933 958 and by email at firstname.lastname@example.org email@example.com.
3.2 peerTransfer will communicate with you through electronic means only, using your registered email address in order to contact you regarding the Transfer Service, the Agreement, and all notices and other communication under the Agreement. We will not communicate in paper format.
3.3 English is the language of the Agreement, and all notices and other communication under the Agreement will be sent to you in English. Any translation of the Agreement provided is for information purposes only. In the event of a conflict in meaning between the English version and a translation, the English version will prevail.
3.4 The latest version of this Agreement can be found here. peerTransfer will email you a copy of the Agreement at your request.
3.5 peerTransfer may change the Agreement at any time and will notify you by email or other agreed means at least two months before the change is due to take effect unless required by law to change the Agreement immediately. You will be deemed to have accepted the notified change unless you notify peerTransfer that you do not agree to the change prior to the change being effective, in which case the Agreement will terminate without charge upon expiry of the notice. You also have a right to terminate the Agreement immediately and without charge at any point during the notice.
4.1 You will choose a username and password (“Security Details”) when you register your details with peerTransfer and open the Account. You will need to use the Security Details to access the Account in order to use the Transfer Service and to update your details.
4.2 You are responsible for taking all reasonable steps to keep the Security Details secure. Only you are allowed to use the Account and must not share the Security Details with anyone.4.3 If you know or suspect that the Account has been accessed by a third party or the Security Details are known to a third party, or if you think an unauthorised Transaction has occurred, you must tell peerTransfer without undue delay by calling peerTransfer on +44 (20)3 3933 958. You can also report via email firstname.lastname@example.org 24 hours a day.
4.4 Any communication received from your registered email address, will be deemed sufficient to authenticate an instruction from you.
5. Unauthorised Transactions
5.1 A Transaction will be considered to be unauthorised if you have not given your consent for the Transaction to be made by authorising it in accordance with the instructions in the Account interface. In order to get a refund for any unauthorised Transaction, you must report the Transaction without undue delay upon becoming aware of it or otherwise you will lose your right to a refund. You will not be able to get a refund for any unauthorised Transaction reported after 13 months have passed following the debit date of the Transaction.
5.2 Despite of the possible 13-month refund period, you would not be able to claim for a refund for an unauthorised Transaction if the Transaction were correctly displayed in the Account and you failed to inform peerTransfer about the Transaction being unauthorised without undue delay upon seeing the Transaction in the Account. peerTransfer recommends that you check the Account on a regular basis and review your Transactions carefully.
5.3 peerTransfer will immediately refund the full amount of any unauthorised Transaction reported by you, including any associated fees, provided you notify peerTransfer of the Transaction in accordance with this Agreement except that:
- 5.3.1 if there is evidence that on the face of it you acted fraudulently or have with intent or gross negligence failed to comply with the Agreement in relation to the use of the Account or ensuring the safety of the Security Details, peerTransfer will first carry out a prompt investigation to determine whether the Transaction was authorised by you and will only refund if the investigation shows that the transaction was not authorised by you; and
- 5.3.2 if the Account was misappropriated, you will be liable for losses up to a maximum of £50 (or equivalent in another currency).
5.4 You will be liable for all losses incurred in respect of an unauthorised Transaction where you have acted fraudulently or have with intent or gross negligence failed to comply with the Agreement in relation to the use of the Account or ensuring the safety of the Security Details.
5.5 Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of an unauthorised Transaction arising after you notify peerTransfer of the Transaction in accordance with the Agreement.
5.6 If there is evidence that you checked the Account and did not notify peerTransfer of the unauthorised Transaction without undue delay, you may not be entitled to a refund.
6. Incorrectly Executed Transactions
6.1 In order to get a refund for an incorrectly executed Transaction (i.e. a non-executed or defectively executed Transaction), you must report the Transaction without undue delay upon becoming aware of it or otherwise you will lose your right to a refund. You will not be able to get a refund for any incorrectly executed transaction reported after 13 months have passed following the debit date of the Transaction.
6.2 Despite of the possible thirteen (13) month refund period, you would not be able to claim for a refund for an incorrectly executed Transaction if the Transaction were correctly displayed in the Account and you failed to inform peerTransfer without undue delay about the Transaction being incorrectly executed upon seeing the Transaction in the Account. peerTransfer recommends that you check the Account on a regular basis and review your Transactions carefully.
6.3 Where peerTransfer is liable for an incorrectly executed Transaction, peerTransfer will without undue delay refund you the amount of the Transaction, restore your bank account to the state it would have been had the incorrectly executed Transaction not taken place and refund any charges and interest that have arisen as a consequence of the incorrect execution of the Transaction provided you notify peerTransfer of the Transaction in accordance with the Agreement.
6.4 In the event that a Transaction is sent to the wrong recipient account, as a result of a mistake in the instructions you have provided to us, we are under no obligation to recover that Transaction or resend the Transaction to an alternative recipient account.
6.5 You are required to provide us with full details of the recipient bank account, including account name, bank account number, routing/bank code. If you fail to provide this information, or the information provided is incomplete, we reserve the right to cancel your payment and you will need to book a new Transaction.
6.6 We do not accept responsibility for: a) failure to perform due to reasons outside of our control, b) failure to perform due to failure in communication systems.
6.7 In the event that we make a mistake, we will take prompt action to remedy such errors.
7. Investigations , Refunds & Cancellations
7.1 When you contact our Support team, you will be asked to provide your details and the details of the disputed (i.e. unauthorised or incorrectly executed) Transaction.
7.2 As soon as practicable after you have notified peerTransfer of a disputed Transaction in accordance with the Agreement, you must confirm the disputed Transaction in writing by email, setting out full details of the Transaction and your reason for disputing it. You must provide peerTransfer with all the information that is relevant to your claim. This does not affect your right to an immediate refund under clause 5.3 or refund without undue delay under clause 6.3.
7.3 peerTransfer reserves the right to investigate any disputed Transaction or misuse of the Account before and after a refund. In order to do so peerTransfer may need more information and assistance from you and you are required to reasonably cooperate with any investigation by peerTransfer or any law enforcement agency or other competent authority. If peerTransfer refunds you following your claim and subsequently establishes that you were not entitled to a refund, you must repay peerTransfer the amount immediately on demand (“Debt”).
7.4 Please note that the payment of a refund is conditional upon passing the checks specified in clause 1.7. Failure to pass would mean that the refund would be held by peerTransfer until such time as you are able to pass the checks.
7.5 In the event that you wish to cancel a Transaction already transferred to us and we are required to refund your Transaction, we will only refund to the account from where the original Transaction originated. We cannot refund to alternative accounts or through other payment methods.
7.6 If you wish to exercise your right to cancel, you must submit a written request to us via email.
8.1 To the maximum extent permitted by law, the Transfer Service is provided “AS IS” and without any warranty.
8.2 In no event will peerTransfer be liable for indirect, consequential or special damages, including lost profits, arising from your use of the Transfer Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. However, nothing in the Agreement excludes or restricts the liability of peerTransfer for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or restricted by law.
peerTransfer will not be liable for any loss arising from:
- 8.3.1 your inability to use the Transfer Service as set out in the Agreement;
- 8.3.2 any cause which results from abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all our efforts to the contrary, including but not limited to fault in or failure of data processing systems;
- 8.3.3 an unauthorised or incorrectly executed Transaction that is reported with undue delay or more than 13 months following the debit date of the Transaction in question;
- 8.3.4 peerTransfer’s compliance with legal and regulatory requirements;
- 8.3.5 peerTransfer suspending or terminating the Account in accordance with the Agreement; or
- 8.3.6 loss or corruption of data unless caused by our wilful default.
8.4 From time to time, your ability to use the Account may be interrupted, e.g. when peerTransfer carries out maintenance to improve and keep the Transfer Service running for its customers. If this happens, you may be unable to:
- 8.4.1 access the Account;
- 8.4.2 make Transactions; or
- 8.4.3 obtain information about past Transactions.
We will not be liable for any loss arising from such interruptions.
8.5 We do not accept responsibility for a) a failure to do something that it outside our control b) errors on our website or in the Account interface due to incomplete information provided by you
9. Suspension and Termination
9.1 peerTransfer may terminate this Agreement for any reason by giving you at least two months’ notice.
9.2 peerTransfer may terminate the Agreement or suspend your Account without prior notice if:
- 9.2.1 you breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter in a timely manner;
- 9.2.2 you fail to pay any outstanding fee or Debt;
- 9.2.3 peerTransfer is required to do so by law;
- 9.2.4 peerTransfer reasonably believes the Transfer Service is deliberately being used by you to commit fraud or for other illegal purposes; or
- 9.2.5 peerTransfer discovers that any of the information you provided when you registered for the Account was incorrect.
9.3 If peerTransfer terminates the Agreement without prior notice, peerTransfer will notify you of the termination as soon as permitted by law to do so.
9.4 peerTransfer may suspend the Account, in which case you will not be able to use it for any Transactions, if peerTransfer has reasonable concerns about the security of the Account or suspects the Account is being used in a fraudulent or unauthorised manner. peerTransfer will notify you of any such suspension in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. peerTransfer will lift the suspension and, where appropriate, issue new Security Details as soon as practicable once the reasons for the suspension cease to exist.
9.5 You may terminate the Agreement at any time without any fee for the termination.
10. Complaints and Financial Ombudsman Service
10.1 If you have a complaint about the Transfer Service, contact peerTransfer in the first instance as set out in clause 3.1 so peerTransfer can seek to resolve the complaint. peerTransfer will promptly send you a complaint acknowledgement by post or by e-mail and enclose with it a copy of the peerTransfer complaints procedure (“Complaints Procedure”) either as a hard copy or as a PDF. You may also request to be provided with a copy of the Complaints Procedure at any time. Any complaints you have will be dealt with quickly and fairly and you agree to cooperate with peerTransfer and provide the necessary information for peerTransfer to investigate and resolve the complaint.
10.2 If you remain dissatisfied, you may be able to take the complaint to the Financial Ombudsman Service. You may contact the Financial Ombudsman Service as follows:
- 10.2.1 Post: Financial Ombudsman Service, Exchange Tower, London E14 9SR, United Kingdom.
- 10.2.2 Telephone: 0800 023 4567 (landline users) or 0300 123 9 123 (mobile users).
- 10.2.3 Email: email@example.com.
- 10.2.4 Website: http://www.financial-ombudsman.org.uk/.
11. Data Protection & Collection of Information
11.1 Customer Information Programme : peerTransfer has in place a Customer Information Programme in order to meet its obligations under the Money Laundering Regulations 2007. We may need to obtain information from you and contact you or other third-party sources to verify this information. You authorise us to make such inquires we consider necessary for validation of this information and provide consent for us to use third parties.
11.2 Third Party Checks: peerTransfer or its affiliates may conduct credit reference or electoral role checks as part of the identity verification process, your credit rating will be unaffected by these checks. In the event that your details are passed to an affiliate, your details will be transmitted securely and in accordance with the Data Protection Act 1998.
12.1 You will not earn or be entitled to any interest on any of the funds while they are held by peerTransfer, including interest on any short payments received, for the purposes of the Transfer Service.
12.2 The Agreement has an indefinite duration subject to clause 9.
12.3 If any portion of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Agreement will remain in full force and effect and, upon peerTransfer’s request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from the Agreement and the rest of the Agreement will remain in full force and effect.
12.4 peerTransfer may assign or transfer any rights, obligations, or privileges that it has under the Agreement to another company at any time. If peerTransfer assigns the Agreement to another company, you will be given two months’ notice of this. Unless you tell peerTransfer within the two-month period that you do not want to continue with the Agreement after the assignment, you agree that peerTransfer can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without peerTransfer’s prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer not permitted under this clause 12.4 will be deemed null and void. Your right to terminate the Agreement under clause 9.5 is not affected.
12.5 The Agreement and all related disputes will be governed by English law except that the consumer rights of your home country that exceed the consumer rights under English law also apply.
12.6 The parties submit to the exclusive jurisdiction of the English courts except where the law of the European Union provides otherwise. This clause 12.6 does not deny you, as a consumer, the right to enforce the terms of this Agreement in the local courts of your home country.
12.7 We may modify this agreement without notice. If you use the money transfer service after the effective date of amendment, you shall be deemed to have accepted this agreement.
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