Spectrum Terms and Conditions

Effective date: 03/05/2025

These Terms and Conditions (the “Terms”) govern the use of our money remittance services (“Services”). The Services allow you to remit funds to your designated recipient (“Recipient”) at one of our remittance network members (“Remittance Network Members”). In these Terms, “you” and “your” refer to the person agreeing to these Terms, and “Spectrum”, “we” and “our” refer to Spectrum Global Payment Solutions, Inc. “Business Day” means Monday through Friday, except for federal holidays in the United States. Your use of the Services constitutes your acceptance of these Terms.

NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR USE OF THE SERVICES MUST BE RESOLVED BY ARBITRATION (RATHER THAN THROUGH A JURY TRIAL) ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 17 BELOW.

ELECTRONIC COMMUNICATIONS. AS A CONDITION TO USING THE SERVICES, YOU MUST CONSENT TO AND HAVE THE ABILITY TO RECEIVE ELECTRONIC RECORDS, NOTICES, AND DISCLOSURES. IF YOU WITHDRAW THAT CONSENT AT ANY TIME, WE WILL TERMINATE YOUR RIGHT TO ACCESS OR USE THE SERVICES. PLEASE SEE SECTION 14 BELOW.

YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE ELECTRONIC COMMUNICATIONS CONSENT) AND OUR PRIVACY POLICY (PLEASE SEE spectrum-gps.com) WHEN YOU USE THE SERVICES IN ANY WAY. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS (INCLUDING THE ELECTRONIC COMMUNICATIONS CONSENT) AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE ELECTRONIC COMMUNICATIONS CONSENT) AND OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

1. The Services
   The Services allow you to send funds to your Recipient at the Remittance Network Member you designate, including without limitation, for cash pick-up by the Recipient (payable upon presenting proper identification) where available. The available delivery methods depend on the Remittance Network Member.
   
   The Services are limited only for personal use and not for commercial or business purposes. The Services are not available to minors (persons who have not reached the applicable age of majority). By using the Services, you represent that you are an individual at least eighteen (18) years of age (or the applicable age of majority) and are not using the Services for commercial or business purposes or on behalf of third parties. You agree to provide documentation supporting the source of funds remitted using the Services if we request such documentation.
   
   All transactions are subject to applicable federal, state and local laws and regulations of the United States and the destination country, as well as our policies and these Terms (including without limitation, the transaction limits specified in these Terms).
   
   
2. Registering to Use the Services
   You must register to use the Services through our website or mobile applications (collectively, our “Site”) or approved third-party websites or mobile applications (collectively, “Approved Third-Party Sites”). [If you register through our Site, you must provide your name and mobile telephone number.]
   
   By instructing us to send a remittance, you authorize us:
   • To act on your remittance instructions; and
   • To act as your representative when following your instructions or researching any remittance that occurs as a result of your instructions.
   
   You represent and warrant that you are a named owner of each payment account you use to send a remittance; you have all necessary legal right, power and authority to debit funds from each payment account; and each payment account is located in the United States.
   
   
3. Sending Remittances
   In order to send a remittance, you must provide certain information, including: (a) your name, address, telephone number, and payment account information; (b) the Recipient's name, address, and financial institution (provided that the financial institution is not required for cash pick-ups); and (c) any additional information we may require. The Recipient's address must be located in the country to which your remittance is to be sent. Post Office Box addresses are not allowed.
   
   You understand that, when you indicate a Remittance Network Member to which your remittance is to be sent, we will transfer funds to the named Remittance Network Member for payment in cash to the named Recipient or credit to the Recipient's account number that you have indicated, as applicable.
   
   For cash pick-ups, you must provide the Recipient's name exactly as it appears on the government-issued identification document(s) to be presented by the Recipient when picking up the cash.
   
   If you provide any incorrect information (including without limitation, an incorrect account number or Recipient financial institution identifier), and the incorrect information results in funds being sent to the wrong account, you could lose the amount remitted. Spectrum will not be responsible for any remittances sent based on incorrect information you provide.
   
   
4. Insufficient Funds in a Payment Account
   You will only submit a remittance request when there are sufficient funds in your payment account to cover the remittance amount plus any other items or charges to be paid from the payment account (the “Total Remittance Amount”). You are responsible for any insufficient funds or overdraft charges authorized in the account agreement for the payment account.
   
   If there are insufficient funds in your payment account to cover the Total Remittance Amount, Spectrum may, in our sole discretion, either (a) advance the Total Remittance Amount on your behalf and send the remittance, or (b) decline to send the remittance. Spectrum has no obligation to inform you if we decline to send a remittance because there are insufficient funds in your payment account. You are responsible for rescheduling any remittance we decline to send for insufficient funds or making alternate arrangements. If Spectrum advances the Total Remittance Amount and sends a remittance despite insufficient funds in your payment account:
   • You will reimburse us immediately upon demand for the funds advanced on your behalf and hereby authorize us to debit your payment account for the Total Remittance Amount;
   • For any amount not reimbursed within fifteen (15) calendar days after initial demand, we may require you to pay a late charge equal to 1.5% of the amount advanced;
   • You will reimburse us for any fees incurred in attempting to collect the amount of the advanced funds and any late charge from you; and,
   • We may report to any credit reporting agency the facts concerning any failure to reimburse the advanced funds and any late charge.
   
   
5. Changes to your Personal Information
   If you registered to use the Services through our Site and want to update or change your personal information, you can do so through our Site.
   
   
6. Security Codes
   When registering to use the Services through our Site, you will be required to select or create one or more alphanumeric passwords, usernames, and/or questions with matching answers, and/or use other types of security techniques, such as facial or fingerprint authentication (each, a "Security Code"). You must provide the correct Security Code to access or use the Services on our Site and comply with the applicable security procedures when accessing or using the Services through Approved Third-Party Sites.
   
   You agree to use the applicable Security Codes or security procedures when initiating remittance requests. The purpose of the Security Codes and security procedures is to verify the authenticity of remittance requests delivered to us in your name and not to detect errors in the transmission or content of the request. You represent and warrant each time you initiate a remittance request that the applicable Security Code or security procedure is a satisfactory method of verifying the authenticity of remittance requests. If you allow any person to obtain or to use your Security Codes or other security procedures, you will have authorized that person to access your accounts, and you agree that you are responsible for any transactions that person initiates or authorizes from your accounts and will be bound by any agreements that person accepts or acknowledges electronically through the Services. You agree we may act on any remittance requests, the authenticity of which we have verified through use of the applicable Security Code or security procedure. If your Security Codes have been lost or stolen, please notify us at once by calling 1-800-622-1367.
   
   
7. Transaction Limits
   There are limits on the amount of money you can send through the Services. Such limits may include, but are not limited to, minimum and maximum per transfer limits, aggregate daily limits, and aggregate 30-day limits. We may adjust the limits from time-to-time in our sole discretion. The applicable limits may be displayed to you when using the Services.
   
   Some Remittance Network Members may have additional limits on the amount any one recipient can receive from any source or combination of sources during a specified time frame. We are not responsible if your remittance is rejected by the Remittance Network Member because it would exceed one or more of the limits imposed by the Remittance Network Member on amounts that can be received by one recipient. You may call 1-800-622-1367 for current transaction limits by Remittance Network Members. These limits are subject to change from time to time at the discretion of the Remittance Network Members and without prior notice.
   
   
8. Rejection of Remittance Requests
   We may reject any remittance request that exceeds any applicable transaction limit or for any other reason in our sole discretion with no liability to you.
   
   
9. Cancellation
   Unless the funds have already been transmitted, you have the right to cancel a remittance within thirty (30) minutes of requesting such remittance and obtain a refund of the Total Remittance Amount paid to us. If you request a cancellation after such thirty (30) minute period, we will use reasonable efforts to act on your request, but we are not liable to you if for any reason the remittance is not cancelled. You acknowledge that Spectrum may not have the ability to cancel certain remittances. If you sent the remittance from our Site, you may request its cancellation on our Site. You may also contact us at1-800-622-1367 to request cancellation. When you contact us, you must provide us with information to help us identify the remittance you wish to cancel, including the amount and location where the funds were sent. If a remittance is cancelled, we will refund any amounts owed to you within three (3) Business Days after we received your request to cancel.
   
   
10. Fees
    Spectrum may charge you a transfer fee for the use of the Services. Please see your receipt for the amount of any transfer fee and/or taxes charged for a particular remittance. The transfer fee is subject to change without prior notice. You may view the applicable transfer fee when using the Services or call 1-800-622-1367 for the current amount of the applicable transfer fee.
    
    Spectrum may also obtain a monetary gain from the foreign exchange conversion of some remittances represented by the difference in the retail exchange rate and the wholesale exchange rate at which Spectrum purchases the foreign currency. You may incur additional fees from the financial institution holding your payment account used to fund a remittance or an Approved Third-Party Site used to access the Services. You should check with your financial institution to determine what limitations and fees it may apply to withdrawals from your payment account to fund a remittance or the applicable Approved Third-Party Site.
    
    
11. Terms and Fees of Receiving Remittance Network Member
    For remittances sent for cash pick-up, the Recipient must present the confirmation number for the remittance, as well as government-issued identification deemed acceptable by the Remittance Network Member, at a branch or payment location of the Remittance Network Member in the destination country during normal business hours. For remittances credited to a Recipient's account, the Recipient must open and maintain a qualifying deposit account with the Remittance Network Member, subject to the terms and fees, as amended from time to time, applicable to the account as determined by the Remittance Network Member. Spectrum is not responsible for any fees, charges or taxes imposed by a Remittance Network Member or by any government or taxing authority of the destination country.
    
    Some countries have restrictions that prohibit or limit minors from performing certain financial transactions. Before naming a minor as the Recipient, it is your responsibility to ensure the individual has legal capacity to receive funds remitted to the designated Remittance Network Member.
    
    
12. Information Gathering and Disclosure
    Spectrum collects information when you register to use the Services and at the time of each remittance request for the purposes of completing your remittance. We will not disclose any nonpublic personal or financial information related to these Terms or your transactions using the Services to third parties, except (a) as necessary for purposes of completing the transaction; (b) as permitted or required by law or legal process; or (c) in accordance with the Spectrum Privacy Policy.
    
    
13. Termination
    You may terminate your use of the Services any time by calling us at 1-800-622-1367. We may terminate the Services and/or your access to or use of the Services any time and for any reason, without notice. Any remittance we have already processed before the termination date will be completed. You are responsible for any remittance initiated by you prior to termination. Termination will not affect your liability or obligations under these Terms for any remittance we have processed on your behalf.
    
    
14. Electronic Communications
    YOU AGREE TO ACCEPT ELECTRONIC COMMUNICATIONS, INCLUDING WITHOUT LIMITATION, ALL RECORDS, NOTICES, AND DISCLOSURES RELATED TO THE SERVICES. By accepting and agreeing to receive electronic communications, you represent that: (a) you have read and understand this consent and have the necessary hardware and software to receive communications electronically; (b) you wish to enter into these Terms electronically; (c) you understand all communications provided to you in electronic form are deemed to have been in written form; and (d) you agree that your consent will remain in effect until it is withdrawn.
    
    You may withdraw your consent to receive further communications electronically at any time by contacting us at 1-800-622-1367. If you withdraw such consent, we reserve the right to terminate our access to or use of the Services. Any withdrawal of consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal request. Please note that your withdrawal of consent will not apply to any communications electronically sent to you before your withdrawal request has been processed.
    
    
15. Disclaimer of Warranties
    EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR RELATING TO OR ARISING OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    
    
16. Limitation of Liability
    NEITHER SPECTRUM, NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, INSURERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, AND TRUSTEES, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM: (A) ERRORS, DELAYS OR FAILURES IN THE TRANSMISSION OR DELIVERY OF FUNDS, MESSAGES, DOCUMENTS OR INSTRUCTIONS; (B) FAILURE TO LOCATE OR ERROR IDENTIFYING THE NAMED RECIPIENT; OR (C) ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS NATURAL DISASTERS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL REMITTANCE AMOUNT YOU PAID.
    
    
17. Arbitration and Waiver of Jury Trial
    If a dispute, claim or controversy of any kind (“Claim”) arises out of or relates to these Terms or the Services, either you or we can choose to have the Claim finally and exclusively resolved by binding arbitration. You should review this section carefully. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. Arbitration is a more informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence and then issue a binding ruling in the form of an award. You and we understand that discovery and other procedures in arbitration may be more limited than discovery in court proceedings and that the ability to modify, vacate, or appeal an award by an arbitrator(s) is strictly limited.
    
    You and we agree, upon written demand made by you or us, to submit to binding arbitration all Claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to (a) these Terms, any transaction involving these Terms, or any advertisements, promotions, or oral or written statements related to these Terms, (b) the relationships that result from these Terms (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to these Terms or this arbitration provision), or (c) the validity, interpretation, scope or enforceability of these Terms or the interpretation or scope of this arbitration provision. All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. The arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules of the AAA (the “Rules”). In the event of any inconsistency between these Terms and the Rules, such inconsistency shall be resolved in favor of these Terms. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of these Terms notwithstanding any other choice of law provision contained in these Terms.
    
    Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with the AAA in accordance with the Rules in effect at the time the notice is filed. The notice shall, at a minimum, set forth the subject of the dispute and the relief requested. For more information about arbitration, contact the AAA at 800-778-7879 or www.adr.org.
    
    Demand for arbitration under these Terms must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or similar other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of these Terms.
    
    You cannot join together in a dispute with anyone. Even if other people have disputes similar to a dispute that you and we have, those people and their disputes cannot be part of any arbitration between you and us. A Claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us, and a Claim may not be arbitrated on a class action, private attorney general, or other representative basis. Notwithstanding anything to the contrary in these Terms, any dispute regarding the prohibitions in this paragraph or about the enforceability of this arbitration provision shall be resolved by a court and not by the arbitrator(s).
    
    Where the aggregate of all Claims by both you and us does not exceed $250,000, any expedited procedures provided in the Rules (“Expedited Procedures”) shall apply, and a single arbitrator shall decide the Claims. Where the aggregate of all Claims by both you and us exceeds $250,000, a panel of three arbitrators shall decide all Claims. Each arbitrator, whether or not acting under Expedited Procedures, shall be an active member in good standing of the bar for any state in the continental United States and shall be either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.
    
    You and we agree that the arbitrator(s): (a) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (b) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (c) shall have authority to grant relief only with respect to Claims asserted by or against you individually; (d) shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under these Terms or otherwise; and (e) shall provide a brief written explanation of the basis for the award upon the request of either party and shall make specific findings of fact and conclusions of law to support any arbitration award that exceeds $25,000.
    
    Upon written request by you, for claims up to $50,000, we will pay to the AAA the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. Upon written request by you, we may elect, at our sole discretion, to pay or advance some or all of any remaining arbitration fees and other costs. The arbitrator will decide whether we or you ultimately will be responsible for paying any filing, administrative or other fees in connection with the arbitration. If you are the prevailing party in the arbitration, the arbitrator(s) also may order us to pay some or all of your attorney, expert, and/or witness fees. Any arbitration proceedings shall be conducted in your state of residence at a location that is reasonably convenient for both parties. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.
    
    If you or we are seeking to bring a joined, consolidated, or class action and if the portion of this arbitration provision that prohibits the arbitration of joined, consolidated, or class actions is deemed invalid or unenforceable, then the entire arbitration provision shall be void and unenforceable and severed from the rest of these Terms. If any portion of this arbitration provision other than the prohibition against the arbitration of joined, consolidated or class actions is deemed invalid or unenforceable, then that portion will be severed and the remaining portions of this arbitration provision will remain valid and enforceable, including the prohibition against the arbitration of joined, consolidated or class actions. Nothing in this arbitration provision shall limit your or our right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us. This arbitration provision shall survive termination of these Terms.
    
    WAIVER OF JURY TRIAL. This provision limits your rights to a jury trial. If (i) neither you nor we seek to compel arbitration of any dispute we have related to these Terms or the Services, or (ii) some or all of the arbitration clause is unenforceable and we are in a dispute in a court of law, then each of us agrees to waive any right we may have to a jury trial to the extent allowable under the laws of the state that govern these Terms.
    
    Attorneys' Fees. In any action between you and us in court, the prevailing party shall be entitled to recover its reasonable attorneys' fees expended in the prosecution or defense of the court action from the other party.
    
    
18. Governing Law
    These Terms will be governed by the laws of the State of Texas, without reference to its principles of conflicts of laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute relating in any way to these Terms or your use of the Services that is not subject to arbitration resides in the state and federal courts of Harris County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Harris County.
    
    
19. Customer Service Inquiries, Error Resolution
    For inquiries or error resolution, please call Customer Service at 1-800-622-1367.
    
    If you think there has been an error or problem with your remittance transfer:
    • Write us at: 2200 POST OAK BLVD SUITE 2150, HOUSTON, TX 77056; or
    • Email us at: help@spectrum-gps.com; or
    • Call us at: 1-800-622-1367
    
    You must contact us within 180 calendar days of the date we indicated to you that funds would be made available to the Recipient. When you do, please tell us:
    1. Your name and address;
    2. The error or problem with the remittance and why you believe it is an error or problem;
    3. The name of the Recipient and, if you know it, the Recipient's telephone number or address;
    4. The dollar amount of the remittance; and
    5. The confirmation code or number of the transaction.
    
    We will determine whether an error occurred within ninety (90) calendar days after you contact us, and we will correct any error promptly. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
    
    
20. Amendments
    We may change these Terms at any time, including without limitation, any fees and charges for the Services. Changes may be made immediately and without prior notice to you except when notice is required by applicable law. If you continue to use the Services after the effective date of a change, you indicate your agreement with the change. Further, we may, from time to time, revise or update the applications, services and/or related materials that may render all prior versions obsolete.
    
    
21. Waivers
    We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising any rights or remedies under these Terms will impair or be construed as a waiver of these rights and remedies. Any single or partial exercise of a right or remedy will not preclude further exercise of that right or remedy or the exercise of any other right or remedy.
    
    
22. Assignment
    You may not assign these Terms, or any of your rights or responsibilities under these Terms, to any other party. We may assign these Terms, or any or all of our rights and/or responsibilities under these Terms, or delegate any or all of such rights and responsibilities to any third party or parties.
    
    
23. Severability
    If any provision of these Terms is determined to be void or invalid, the remainder of these Terms will remain in full force and effect.
    
    
24. Contract Language
    English is the controlling language of the relationship between you and Spectrum. Spectrum may translate its forms, disclosures and advertisements into another language for your convenience. However, if there is a discrepancy between our English language material and the materials in another language, the English language version is controlling.
    
    
25. Verification of Card via Authorizations
    When using a credit card or debit card as a payment account, Spectrum may process a temporary authorization hold for a nominal amount. The authorization hold is to confirm the card is active. The authorization hold will be for an amount of $0.01 USD. During this process, the issuing bank may reserve the authorization amount. This amount is not a charge and may appear as pending on your statement for a short period that can vary based on the card issuer guidelines.