Terms and Conditions
It is the responsibility of the Consumer to read these Terms and Conditions before using the Service:
This is a communication from a Debt Collector in connection with the collection of a debt. Any information obtained will be used for this purpose. For residents of Hawaii and Vermont, this is an attempt to collect a claim, and any information obtained will be used for that purpose.
Terms Governing the Use of the Service
These Terms and Conditions apply to the Consumer who uses SwervePay. Please read these terms and conditions carefully. By authorizing a payment to THUNDERBIRD COLLECTION SPECIALISTS through the online payment service (' SwervePay '), You agree to these Terms and Conditions. THUNDERBIRD COLLECTION SPECIALISTS reserves the right to amend these Terms and Conditions at any time. Such amendments shall be effective immediately upon posting of the updated Terms and Conditions. By continuing to access or use the Service after amendments are made to the Terms and Conditions, You agree to be bound by the updated Terms and Conditions.
The following information summarizes the key terms of this Service:
• Payment(s) through this Service may be made only with the following payment types: Credit Card, Debit Card, or Electronic Funds Transfer.
• Certain payment types may require the Consumer to pay a fee to a third-party processor. It is recommended that the Consumer read and understand any disclosures regarding fees before agreeing to make a Payment.
• The Credit Card information supplied at the time of using the service is processed by the payment gateway of the service provider. It is the sole responsibility of the Consumer of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out of usage of the service.
• The Consumer agrees, understands, and confirms that their personal data including without limitation details relating to debit card/credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft, and/or fraud and that THUNDERBIRD COLLECTION SPECIALISTS or the Payment Service Provider(s) have no control over such matters.
• The service is provided by using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor the THUNDERBIRD COLLECTION SPECIALISTS gives any assurance that the information so provided online by a Consumer is secured or may be read or intercepted by a third party.
THUNDERBIRD COLLECTION SPECIALISTS does not accept or assume any liability in the event of such unauthorized interception, hacking, or other unauthorized access to information provided by a Consumer of the service.
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Debit/Credit Card, Bank Account Details
• The Consumer agrees that the debit/credit card details provided by them for use of the aforesaid Service(s) must be correct and accurate and that the Consumer shall not use a debit/credit card that is not lawfully owned by them or the use of which is not authorized by the lawful owner thereof. The Consumer agrees and undertakes to provide correct and valid debit/credit card details. The Consumer warrants, agrees, and confirms when they initiate a payment transaction and/or issue an online payment instruction and provide their card/bank details.
• The Consumer is fully and lawfully entitled to use such credit/debit card, bank account for such transactions.
• The Consumer is responsible to ensure that the card/bank account details that they provided are accurate.
• The Consumer authorizes debit of the nominated card/bank account for the Payment of fees selected by such Consumer along with the applicable Fees. Consumer understands and agrees that any fees associated with a payment are voluntary and that a fee-free option is available.
• The Consumer is responsible to ensure that sufficient credit/funds are available on the nominated card/bank account at the time of making the payment to cover the amount of the Payment and any related Fee.
No warranty, representation, or guarantee, express or implied, is given by the THUNDERBIRD COLLECTION SPECIALISTS in respect of the operation of the service.
Disclaimer and Limitation of Liability
THUNDERBIRD COLLECTION SPECIALISTS and/or the Payment Service Provider(s) does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses, or consequential damage of any kind which may be suffered or incurred by the Consumer from the use of this service.
• THUNDERBIRD COLLECTION SPECIALISTS and/or the Payment Service Provider(s) shall not be liable for any inaccuracy, error, or delay in, or omission of (a) any data, information, or message, or (b) the transmission or delivery of any such data, information, or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, non-performance or interruption in any such data, information, or message. Under no circumstances shall the THUNDERBIRD COLLECTION SPECIALISTS and/or the Payment Service Provider(s), its employees, directors, and its third-party agents involved in processing, delivering, or managing the Services be liable for any direct, indirect, incidental, special, or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of, or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
• The Consumer agrees that THUNDERBIRD COLLECTION SPECIALISTS or any of its employees will not be held liable By the Consumer for any loss or damages arising from your use of, or reliance upon the information contained on the website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond THUNDERBIRD COLLECTION SPECIALIST’S reasonable control.
These terms and conditions are governed by the laws of the United States of America, and the competent courts in the State of Arizona shall have exclusive jurisdiction.
All payment details which are entered through this payment gateway are encrypted when the Consumer enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site The THUNDERBIRD COLLECTION SPECIALISTS shall not be liable for any failure by the Consumer to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons during the Online Payment process or in respect of any omission to provide accurate information in the Course of the Online Payment Process.
Variations to the Terms and Conditions
The THUNDERBIRD COLLECTION SPECIALISTS reserves the right to vary these Terms and Conditions from time to time, and the current version will be published on this website. We reserve the right to decline the acceptance of an online payment if your account is in default for any reason. THUNDERBIRD COLLECTION SPECIALISTS may also make additions/deletions/alteration to the services offered at its sole discretion. We reserve the right to withdraw the service at any time at our discretion. We retain the right to change the terms and conditions for Online Fees Payments without any prior notice.
• California Residents
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
The Gramm-Leach Riley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA) require that consumer/medical information is protected from unauthorized access and/or disclosure. THUNDERBIRD COLLECTION SPECIALISTS will maintain adequate safeguards to prevent the improper use or disclosure of private information as defined in the GLBA or HIPAA regulations. We agree to comply with all privacy and security policies of our clients and will use our best efforts to maintain the integrity as well as the confidentiality of electronically transmitted/accessed information.
Information about THUNDERBIRD COLLECTION SPECIALISTS website includes:
• A secure socket layer with 128-bit encryption.
• The database is hosted on-site and is behind a secure firewall.
• Backups are done on a daily basis and are stored off-site in a controlled environment for safety.
• Access is limited to individuals authorized by our clients and protected by individual secure login/password combinations.
• Access within the system can be restricted to individual need as configured by the client.
The following categories of Personally Identifiable Information (PII) are collected on this website:
The information collected on this website may be shared with THIRD PARTIES. THUNDERBIRD COLLECTION SPECIALISTS and the third parties listed MAY OR WILL NOT share online behavioral advertising information. Individuals may review and change information collected about them on the website 0r by contacting THUNDERBIRD COLLECTION SPECIALISTS @ 480-455-4520. This policy is effective September 1, 2021.