Online Website Agreement and Authorization for Payments (the "Agreement")

You are accessing The Stark Collection Agency’s (“Stark”) online payment portal (the "Service").

 Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Stark may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement. Stark has no obligation to notify users of the posting of a modified Agreement.

 Debt Collection Notice: The Stark Collection Agency is a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

 Account. By accessing the Service, you acknowledge that you are responsible for one or more accounts placed for collection with Stark by your creditor or creditors. If you have more than one account, you may be required to create more than one username and password. Your username is created by you when you log in for the first time. You acknowledge and agree that the accounts under your username and password may not represent all the accounts with Stark.

 Payment Services. By accessing the Service, you authorize Stark 1) to establish and maintain your payment authorizations and (2) to process your payments according to your instructions.

 Types of Payments and Who you are Paying. You may use the Service only to authorize the payment of account(s) placed with Stark. Payments that you authorize will be made from a bank or financial institution account, including, by credit or debit card, (the "Transaction Account") that you designate. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account. By accessing the Service, you represent that you have the authority to authorize Stark to take the payments from the Transaction Account according to the terms of this Agreement.

 Electronic Funds Transfers. You may authorize one-time or recurring payments on one or more of your accounts. By using the Service and selecting the "Submit Payment" button, you are authorizing Stark to complete an electronic funds transfer from the bank or financial institution maintaining the Transaction Account. You may print a copy of your authorization after your payment is submitted. You may request a copy of your authorization by contacting Stark at 877-274-7764.

 Payment Amount. You may authorize a one-time or recurring payment in an amount of at least $25.00 on an account unless the account is less than $25.00 or greater than $250.00. If the account is less than $25.00 and you wish to make payment, you must pay the account in full. If the account is greater than $250.00, you must authorize a payment of at least $35.00. If the account is greater than $500, you must authorize a payment of at least $40.00. If the account is greater than $1,000.00, you must authorize a payment of at least $50.00. You may authorize a one-time or recurring payment in any amount exceeding $25.00 up to the total amount of the account or the Confirmed Payment Arrangement, if you have Confirmed Payment Arrangement. By processing any payment less than the full balance owed, you understand and agree that Stark is not agreeing to a specific payment arrangement unless that payment arrangement is expressly confirmed by a representative of Stark via telephone, email, or letter ("Confirmed Payment Arrangement"). A receipt, letter or payment authorization you print from the Service does not alone constitute agreement by Stark to a specific payment arrangement. Unless you have a Confirmed Payment Arrangement or you have requested we cease communication with you or you pay the account in full, further collection activity may continue.

 Timing. By providing Stark with a payment authorization under the Service, you authorize Stark to charge the Transaction Account to remit funds on your behalf to pay accounts you designate that are placed with Stark. It is your responsibility to make timely payment authorizations, so that the funds will arrive before the date on which they are due if you have a Confirmed Payment Arrangement. You may designate a payment post-date up to and including the payment due date; however, if you enter a payment post-date after 5:00 p.m. Central time, Stark. may change the payment post-date to the date of Stark’s next business day.

 Revocation of One-time or Recurring Payments. In order to revoke or cancel a one-time or recurring payment scheduled using the Service, click or tap "Deactivate Schedule" and follow the on screen process or contact Stark at 877-274-7764, Monday through Thursday 8:00 a.m. to 7:00 p.m. or Friday 8:00 a.m. to 5:00 p.m. Central Time at least three (3) business days ahead of your scheduled payment. You are not permitted to change, revoke or terminate a one-time or recurring payment if that payment is in process. A payment is in process on the posting date of the payment. You may have the legal right to revoke electronic payments by contacting the bank where you hold the Transaction Account. Contact your bank to determine the information and time your bank needs to process your revocation.

 Fees for Use of the Service. Stark does not charge any monthly or payment transaction fees to use the Service.  A payment transaction fee may be applied by the merchant processor where applicable and allowed. You authorize payment of the Service Fee from the Transaction Account. Payment by credit or debit card is not required. Alternative methods of payment are available that do not involve a processing fee. To learn about these other options, please contact Stark at 877-274-7764 .

 Account Management Email Address. By accessing the Service and selecting email notifications, you are authorizing Stark to send you emails. Stark will send those emails to the email address you identify in your registration records for the Service ("Account Management Email Address"). If your Account Management Email Address changes or becomes disabled, you will notify us immediately by updating your email address on the "Profile" section of the Service. If you update your Account Management Email Address on the "Profile" page of the Service, that change will take effect within 24 hours. You understand and agree that Stark may send emails to your Account Management Email Address whether or not that address includes a designation for delivery to the attention of any specific person and whether or not anyone other than you is able to access and/or read emails sent to your Account Management Email Address.

 Email Notifications. Certain email notifications may be available to you as a user of the Service. If available, you may request us to send you an email confirmation ("Confirmation") when you schedule a payment using the Service. When Stark sends you a Confirmation, Stark will use the email address provided when you requested the Confirmation. Stark will send you other email notifications automatically, when applicable.

 Consent to Contact. I agree to allow Stark to contact me about my account status, including past due or current charges, using prerecorded calls, text messages, email and calls or messages using live, artificial, or prerecorded voices delivered by an automatic telephone dialing system or any other computer-aided technologies to any landline phone, wireless phone number, other contact number or email address I provided or that I obtain in the future and have provided consent for such communications. I further agree that Stark will treat any email address and phone numbers I provide as my private email or phone number that is not accessible by unauthorized third parties. I further agree that Stark may communicate with me via SMS or MMS text messaging on the phone numbers for which I have provided consent and that I have opted in to receiving such messages on these phone numbers.  Unless I notify Stark my wireless service is based in a different time zone, calls will be made to my cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number I provide.

By opting into Stark’s text messaging list you agree to receive text messages from Stark. Message frequency varies based on the notifications you select. For customer service information, reply HELP to any message we send or to opt out reply STOP. Message and data rates may apply.

 Copies of Documents. During the period Stark retains documentation of your account, you may request a paper copy of this Agreement or any authorization to make a one-time or recurring payment by calling us at 877-274-7764. We will provide the copies free of charge.

 Prohibited Conduct. You agree you will not use the Service to conduct any fraudulent or illegal activity; violate any statute, regulation or other legal authority; violate the property or privacy rights of Stark or those of any other person or company; interfere with or obtain unauthorized access to Stark’s computer systems or those of any other person or company; or impersonate the identity of Stark or that of any other person or company.

 Accuracy of Information. You agree that all information you provide to Stark in connection with the Service is true, correct and complete. You agree not to misrepresent your identity or authority to view information or to schedule any payment using the Service.

 Protect Your Personal Information. You will keep your username and password and your security questions and answers secret. You will notify Stark immediately if you believe there has been an unauthorized use of your username, password, security questions or the Service. Please tell us by calling 877-274-7764. Stark will not be responsible for any loss or damage you may suffer as a result of someone using your username, password, security questions or the Service whether with or without your permission or knowledge. If you give your username, password, or security questions and answers to someone else or allow someone else to use the Service, you will be responsible for all actions taken by that person including, without limitation, the scheduling of any payments or the updating or removal of any payments scheduled on your account, even if that person exceeds your permission.

 Responsibility of Stark. Stark will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by Stark. Stark will not be responsible for any failure to process a payment authorization that is not actually and completely received by Stark for any reason, including user error, equipment malfunction, natural disasters or impediments, or inaccurate or incomplete information.

 Stark shall incur no liability if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances:

 1. The Transaction Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit applicable to the Transaction Account.

 2. You have not provided Stark with correct names or account information.

 3. Circumstances beyond Stark's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and Stark has taken reasonable precautions to avoid those circumstances.

 4. Stark fails to receive a full and complete payment authorization.

 5. You have made any false or materially misleading statement or representation in connection with any payment authorization.

 6. The bank or financial institution maintaining the Transaction Account refuses or is unable to honor a payment request from Stark.

 Bank or Financial Institution Limitations. In using the Service, you are requesting Stark to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account. Stark's obligations under the Service are subject to any such limits or restrictions, and Stark has no duty to notify you of any such limits or restrictions.

 DISCLAIMER OF WARRANTIES. STARK IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. STARK DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 LIMITATION OF LIABILITY. IN NO EVENT SHALL STARK OR ANY LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF STARK OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you.

 Assignment. You may not assign this Agreement to any other party. Stark may assign this Agreement to any directly or indirectly affiliated company. Stark may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 General. This Agreement is governed and shall be construed in accordance with the laws of the State of Wisconsin, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Stark and you concerning the Service and may only be amended as provided herein. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.