Terms of service
Banking Rewards Agreement
Business Deposit Account Agreement
Deposit Account Control Agreement
Business Visa Debit Cardholder Agreement
Electronic Communications Agreement
Last updated: January 11th, 2024
This Outgo Invoice Agreement (this “Invoice Agreement”) is entered into by and between Outgo Inc., its subsidiaries, affiliates, agents, successors and assigns (“Outgo”, “we”, “us”, or “our”) and you, on behalf of yourself as a sole proprietor or on behalf of a business entity (“you”, or “your”, or “Carrier”), that sets forth the terms and conditions for your use of the service whereby Outgo creates and manages invoices on your behalf (the “Invoice Service”). This Invoice Agreement is incorporated into and made a part of the agreement between you and Outgo available at: [https://www.outgo.co/legal/invoice-agreement] (the “Outgo Platform Agreement”). Undefined initially capitalized terms used in this Agreement shall have the meanings ascribed to them in the Outgo Platform Agreement.
- ACCEPTANCE OF TERMSBy accessing and/or using the Invoice Service on behalf of yourself or the entity that you represent, you acknowledge that you have read, understood, and agree to be bound by the terms of this Invoice Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Invoice Agreement form an essential basis of the bargain between you and Outgo, and this Invoice Agreement governs your use of the Invoice Service.If you are a Carrier located in Florida, Maryland, New Hampshire, or Washington D.C., by entering into this Invoice Agreement, you also agree to the Outgo Factoring Agreement [https://www.outgo.co/legal/factoring-agreement] and acknowledge that you have read, understood, and agree to be bound by its terms.
- Incorporation of other agreementsYou acknowledge that additional agreements may also govern your relationship with Outgo, including but not limited to, the Outgo Platform Agreement, the Outgo Bank Rewards Agreement, and the Outgo Factoring Agreement. Any such additional agreements shall continue to apply in full force. For the avoidance of doubt, the Invoice Service are a “Service” as defined by the Outgo Platform Agreement and subject to all relevant provisions governing Services in the Outgo Platform Agreement, including but not limited to, the Disclaimer of Representation and Warranties, Limitation of Liability, and Choice of Law and Forum; Jury Trial Waiver.
- INVOICE SERVICEThrough the Services, Carrier may, in accordance with this Invoice Agreement, submit paperwork to Outgo for the creation of invoices (“Invoices”) based on the information that Carrier submits. The Invoice Service is not a factoring service, and Outgo is not purchasing the right to receive the future receivables associated with the Invoice unless Outgo separately purchases the Invoice for factoring. Carrier remains responsible for all collections activity after the date of maturity of the Invoice.To use the Invoice Service, you must open or link a Bank Account (as defined in the Outgo Banking Rewards Agreement). Carrier further agrees to provide Outgo with all necessary information to create an invoice, including but not limited to the amount to be invoiced, who is being invoiced, where the Invoice is to be sent, and any other information that Carrier would like the Invoice to include. Outgo will thereafter deliver the Invoice to the recipient and will provide follow up services, including recording payment when the invoice has been paid, and offer reconciliation to accounting services. Carrier warrants that all information provided to Outgo for the Invoice is accurate, and agrees that Outgo is not responsible in the event that Carrier fails to provide Outgo with accurate information for the Invoice.As part of the Invoice Service, Carrier authorizes Outgo to communicate with the Persons that are obligated to pay for the amount of the Invoice from Carrier, including without limitation, any shipper or consignee (“Brokers”) on Carrier’s behalf as Carrier’s agent for purposes of collections activity.Any fee for using the Invoice Service (an “Invoice Processing Fee”) will be communicated through the Services.
- APPOINTMENT AS AGENTEach Carrier hereby appoints Outgo as its payment collection agent for the limited purpose of receiving, holding, and settling payments from Brokers other than payments for Purchased Unpaid Invoices (including payments on Invoices and misdirected payments). Each Carrier further agrees and understands that any such payment received by Outgo from a Broker, on Carrier’s behalf, shall be considered the same as payment made directly to the Carrier. Such payment shall be deemed to satisfy the Broker’s obligation to pay Carrier, and the Carrier will provide its services to the Broker in the agreed-upon manner as if the Carrier had received the payment directly from the Broker. Each Carrier understands that Outgo’s obligation to pay the Carrier is subject to, and conditional upon, successful receipt of the associated payments from the Broker. Carrier further agrees that Outgo is not required to settle such payment to Carrier in the event that Broker initiates a chargeback, ACH return, or otherwise disputes the payment. In the event that Outgo does not make a payment to Carrier as required by this Invoice Agreement, Carrier will have recourse against only Outgo and not against Broker. In accepting appointment as the limited payment collection agent of the Carrier, Outgo assumes no liability for any acts or omissions of the Carrier.
- PRIORITYIn the event of any conflict between this Invoice Agreement and the Outgo Platform Agreement, this Invoice Agreement shall control.
- DisclosureOutgo is not a bank. Banking services are provided by Blue Ridge Bank N.A., Member FDIC. The Outgo Visa Business Debit Card is issued by Blue Ridge Bank N.A., pursuant to a license from Visa U.S.A. Inc. and may be used anywhere Visa cards are accepted.