Supplemental Terms and Conditions - iink Now

Last Modified: 05/18/2022

1. Definitions

“Agreement” means this iink Now Supplemental Terms and Conditions (“Terms”) and the General Terms and Conditions (“GTC”) found at https://iinktech.com/terms/general.

“Client’” means the party to whom an account is registered with iink.

“iink” is iink Corp., a company duly organized and validly existing, located at 400 N. Ashley Dr. Ste. 2600-D, Tampa, Florida 33602.

“Customer” means the parties identified as the Customer when the Client places a Service Order under these Terms and as further defined in the GTC.

“Service Order” is defined as set forth in Section 2.

Terms not defined in these Now Service Terms shall have the meaning given to them in the GTC.

2. Now Service

The iink Now Service (“Now Service”) enables iink to advance funds to Client for separate services Client is providing or will provide to Customer in connection with Customer’s insurance claim, subject to Customer’s agreement to such funds advancement and Customer meeting certain criteria. The Now Service is available to Clients engaged in either iink Professional Services  https://iinktech.com/terms/professional (“iink Professional”) or iink Payments Services https://iinktech.com/terms/payments (“iink Payments”).

3. Requirements

3.1 Client Request for Now Service

In order to receive advanced funding through the Now Service, Client must request that iink offer Customer the Now Service. In so doing, Client will provide iink the relevant Client Customer Data, including Customer name, address, phone number, email address, insurance adjuster worksheet or scope of loss, and executed agreement between Client and Customer to perform services relating to Customer’s insurance claim. As additionally set forth in the GTC, Client will provide and is responsible for providing Customer all required and necessary notices and disclosures with respect to Client’s collection, use, handling, and disclosure of Client Customer Data, including in order to provide Client Customer Data to iink. Client grants to iink (including its Affiliates and subcontractors) a nonexclusive right to use and process Client Customer Data solely for offering Customer the Now Services or related services and to the extent necessary to provide and support the Now Service.

3.2 Customer’s Engagement of Now Services

Upon receiving a Client request for the Now Service, iink will offer the Now Service to Customer. Customer may agree to participate in advanced funding for Client’s Services by separately providing iink the relevant and requested information relating to its insurance claim and agreeing to certain terms and conditions. Any such information that Customer provides to iink shall be iink Customer Data. iink will provide advance funding to Client in connection with its services to Customer if Customer meets its respective Now Service requirements. iink does not guarantee that Customer will agree to participate in the Now Service or that Customer will meet the Now Service requirements.

3.3 Client Avidia Bank Account

Client must open an account at Avidia Bank in order to receive the Now Service (the “Client Avidia Account”). If Customer agrees and meets the Now Service requirements, iink will deposit the requested advance funds less a five to ten percent (5-20%) holdback (the “Holdback”), as determined by iink in its sole discretion, in the Client Avidia Account when iink deems those funds available. When Customer’s insurance claims check is fully funded, iink will deposit the Holdback less service fees into the Client Avidia Account.

The Client verifies their agreement(s) with the Customer(s) and has complete authority to enter into this an agreement with iink pursuant to these Terms. Client’s agreement(s) with the Customers shall (i) name iink as an express third party beneficiary, (ii)  include a covenant pursuant to which Customer agrees that iink is authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits of Customer at any time held or otherwise accessible to iink in any accounts against any of and all the fees, liabilities and obligations owing from Customer to iink, to the extent such fees, liabilities or obligations are not received within 15 days of the applicable payment due date, and (iii)  include a covenant pursuant to which  Customer designates iink as an approved ACH debitor on all such account(s) at all times, and Customer will shall deliver to iink on a quarterly basis (or more frequently upon request) written evidence that iink remains an approved ACH debitor on such account, whether in the form of a screenshot or otherwise.  

All information provided by the Client and Customer is hereby deemed complete and accurate. Any information provided by any party that is deemed incomplete and/or inaccurate by iink, or any party to the claim, will be the responsibility of the Client, Customer, and/or Authorized Third Party to obtain/update as requested by iink.

Service payments through ACH, push-to-card debit, and all banking services are provided in partnership through Avidia Bank, member FDIC.

4. Fees

4.1 Using iink Now with iink Professional

The Client agrees to pay a processing fee to iink as a percentage of the check amount(s) processed for Client, with a minimum fee of $25 dollars per Now Service request. The iink Professional and iink Payments service(s) will be included at no additional charge when using iink NOW.

4.2 Using iink Now with iink Payments

When no mortgage endorsement is required, iink Payments may be used as a standalone service with iink Now.

4.3 Penalties and Fees

All fees are due and payable in accordance with Sections 4 and 5. If advanced funding with respect to a particular Customer remains outstanding for more than 30 days following the first date that iink provides such advanced funding, in addition to all other remedies that may be available, iink may a monthly penalty fee (the “Penalty Fee”) equal to the product of the outstanding amount of advanced funding as of the last day of the applicable month, multiplied by 1.95%, which amount shall be in addition to all other fees and penalties contained herein. The Penalty Fee shall be due and payable on the last day of each month that any portion of the advanced funding remains outstanding.  Client shall reimburse iink for all costs incurred by iink Payments in collecting any late payments or interest, including attorneys’ fees, court costs and collection agency fees.  Upon delivery of written notice, iink may, in its sole discretion, modify the method of calculation or reduce the interest rate of the Penalty Interest, or terminate or suspend the Penalty Interest.  

5. Billing

Invoices will be generated automatically at the beginning of Now Service. Once iink determines that the funds from Customer’s insurance claim check is available, iink will make funds available in the Client's and/or User's iink account at Avidia Bank less the Holdback. Funds can subsequently be transferred via ACH to an external business bank account owned by the User. When the check is returned from the mortgage company with their endorsement it will be uploaded by the User or recipient using iink Payments. The balance of the five to ten percent (5-10%) holdback less the applicable service fee(s) is returned to the Client's and/or User's iink account within 24 hours.

6. Cancellation Of Service

If a Client chooses to cancel a Service Order they may do so by submitting a written request to support@iinktech.com. Their active Service Order will be completed and invoiced per standard servicing procedures. After the Customer has confirmed and agreed to the terms of the Service Order, the Service Order cannot be canceled.

7. Changes To Terms

iink may make changes to these Terms from time to time in their sole discretion and will provide Client notice of the change of Terms in accordance with the notice provisions in the General Terms and Conditions. Any changes made after a Service Order is requested will not apply to that Service Order.