Peanut Butter Inc
Last updated: July 31, 2019
Peanut Butter, Inc. (“Peanut Butter”) provides certain administrative services (“Services”) to your employer, vendor, agency, or organization (each your “Plan Sponsor” and each our “Client”) in connection with the student loan assistance benefit program (“Program”) being offered by your Plan Sponsor. The Services are provided via our website at https://www.getpeanutbutter.com. If your Plan Sponsor is offering a student loan repayment plan (“SLR Plan”), your Plan Sponsor is solely responsible for making contributions on behalf of its employees, customers, residents, and affiliated individuals (each a “Client Employee, or “Client Individual”) to student loan accounts and applicable student loan servicers.
PEANUT BUTTER HAS NO RESPONSIBILITY OR LIABILITY TO CLIENT INDIVIDUALS FOR ANY PROGRAM PROVIDED BY OUR CLIENT. Â CLIENTS MAY MODIFY OR CEASE OFFERING PROGRAMS FROM TIME TO TIME IN EACH CLIENT’S DISCRETION.
Eligibility & Enrollment
By enrolling into the Program offered by your Plan Sponsor, you represent and warrant to Peanut Butter that:
- you are an active Client Individual, approved and eligible to participate in your Plan Sponsor’s Program;
- you are an individual person at least 18 years of age and able to form legally binding contracts under applicable law;
- all information provided by you to Peanut Butter is correct and current, and you will update such information with Peanut Butter as soon as it changes;
- you will comply with applicable laws and regulations;
- you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operation of Peanut Butter; and
You may only use the Services for yourself or, if your Plan Sponsor’s Program permits, your dependent family members. We reserve the right to impose additional eligibility requirements in the future and/or to refuse to provide our Services to anyone.
You are responsible for ensuring the accuracy of the information you provide us about each student loan and student loan servicer you designate as the recipient (the “Payee“), your account number or other payment information (where applicable). Changes to Payee’s information must be provided at least 30 days in advance in order to take effect for any subsequent payments.Â Peanut Butter is not responsible for changes to Payee’s name and address that may result in delayed or rejected processing of your payment. You understand that to designate a Payee, you may be asked to provide your online credentials for the Payee.
Minimum Monthly Payments
All Payments made in respect of an SLR Plan are intended to be in addition to the amount of the minimum monthly payment requirements on a specific student loan. Accordingly, you acknowledge that you are responsible for continuing to make the minimum monthly payments required for the student loan or loans you designate for Payments under your Plan Sponsor’s SLR Plan.
Change in Eligibility
In the event of your departure from our Client (e.g., your employer or organization), the Services will cancel automatically after the final compensation amount is provided. Peanut Butter will remit any and all remaining funds collected to Payee.
Delays with Processing a Payment
Please note that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond our control, such as delays in handling and posting payments by the Payee or their financial institution. Some Payees may delay processing your payment. We are not responsible for any delays in processing payments resulting from action or inaction of any third party.
Please note that a Payee is not required to accept payments through our Services. We are not responsible or liable for a Payee’s decision not to accept a payment made through the Services. We will research and try to correct any rejected payment and will attempt to resubmit the payment to your Payee. If we are unable to process the payment, we will void the payment, credit the payment back to you and notify you within 30 business days of being notified.
We charge a fee to use our Services. The fees applicable to your use of our Services will be paid by your Plan Sponsor. We may be compensated by merchants, retailers, and other service providers in connection with your use of services provided by 3rd party vendors accessible on our website.
Loan Payment Statements
We do not send a statement listing transactions made using the Services. We will send electronic mail confirmation once payments have been made. You should confirm all of the transactions with statements provided by your student loan servicer.
Questions Regarding Loan Payments
All questions about a loan payment or the transactions made through our Services should be directed to us, Peanut Butter, and not to your Plan Sponsor. We are responsible for the operation of the Services and for resolving any errors in transactions made through the Services. We will use commercially reasonable efforts to work with you and your Payee (as appropriate) to resolve any errors or questions about a loan payment.
If your payroll statement or Peanut Butter account shows payments made through the Services that you did not authorize, you must notify us as soon as you discover the unauthorized payment. You may request documentation or information regarding a payment transaction to determine whether an unauthorized transfer occurred by contacting us using the contact methods specified below.
Notification Requirements and Procedures
You should alert us immediately if you believe your username and password has been lost or stolen, or if you believe that a fund transfer has been made without your permission.
In case of errors or questions about any payments or transfers, contact us by:
- Email: email@example.com
- Phone: (800) 913-6651, press 1 for Participant Support
- Mail: 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654
We must hear from you no later than sixty (60) days after the transmittal of a payroll statement, or posting to your Peanut Butter account, from the Plan Sponsor on which the problem or error appeared.
In any communication, please provide us with the following information:
- Your name and email address that you used to register for the Services.
- Describe the error or the transfer that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount and date of the suspected error.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. However, if we need more time, as determined in our sole discretion, we may take up to sixty (60) days to investigate your complaint or question. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Disclaimer of Representations and Warranties; Limitations on Liability
Intellectual Property Rights
Peanut Butter reserves the right to terminate your access to the Services in the event you infringe on any copyright rights of Peanut Butter or any third party. Peanut Butter also reserves the right to remove any material posted by an individual that is alleged to infringe the copyrights of others. If you believe that any material posted to any of the Services constitutes copyright infringement, you should provide the following information to Peanut Butter at the address provided below: (a) the signature of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed; (b) a description of the copyright-protected work that is allegedly being infringed; (c) the location of such material in the Services; (d) your address, telephone number, and email address; (e) a written statement by you stating your good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner or applicable law; and (f) a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf. By submitting this notice, you agree that Peanut Butter may provide the information provided by you to the person who posted the allegedly infringing material. In the event that any material that you posted to any of the Services is removed by Peanut Butter, you may send to Peanut Butter at the address provided a counter-notice containing the information required by 17 USC § 512(g)(3), which Peanut Butter will forward to the party who alleged the infringement. In the event that the party who alleged the infringement does not file any action seeking a court order to restrain you from engaging in the infringing activity within ten (10) business days of receiving the counter-notice, Peanut Butter may, in its sole discretion, reinstate the removed material.
You understand and agree that you alone are responsible for determining and understanding the tax consequences of your participation in the Program and the payments and transactions described above. If you are a participant in an SLR Plan, your Plan Sponsor may elect to withhold income taxes and apply employment taxes (such as FICA taxes) with respect to the benefits you receive as part of your Plan Sponsor’s normal payroll and compensation reporting processes and procedures. Nevertheless, you are still responsible for any tax consequences. Please check with your Plan Sponsor as to its policies on taxing the Program. Peanut Butter does not provide tax advice or services.
- Email: firstname.lastname@example.org
- Phone:, (800) 913-6651, press 1 for Participant Support
- Mail: 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654
Without limiting the applicability of the terms of the Section labeled “Limitations on Liability” Peanut Butter shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.
No Waiver; Severability
Headings and Subheadings
- This Agreement is between Developer and the Customer.
- Developer, and not ADP or its vendors, is solely responsible for providing, maintaining, supporting and updating the Application and its associated services. Developer shall provide product support for the Application. Customer may access support via the following means:
- DEVELOPER HEREBY DISCLAIMS ON BEHALF OF ADP AND APPDIRECT ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES, AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- Customer’s and End Users’ sole and exclusive remedies shall be against Developer. ADP and AppDirect shall have no liability or obligation to Customers or End Users.
- Customers and End Users will not (i) decompile or reverse engineer the ADP Marketplace or take any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copy the ADP Marketplace, (iii) post, publish or create derivative works based on the ADP Marketplace, or (iv) remove any copyright notice, trade or service marks, brand names and the like from the ADP Marketplace or related documentation.
- ADP and AppDirect are third party beneficiaries of the above described terms and each are entitled to enforce such terms as if they each were a party to this agreement.
- Subject to the remainder of this Section 7, Developer shall indemnify, defend and hold harmless Customer and its employees from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable outside attorneys’ fees) and other liabilities (each, a “Claim”) arising from or in connection with allegations that the Application or any related services violates or infringes any intellectual property right of a third party, invades or infringes any right of privacy, or right of publicity, of any person or entity. Developer shall, at its sole expense, conduct the defense of any such Claim and all negotiations for its settlement or compromise; provided, however, that: (a) no settlement or compromise of such a Claim shall be entered into or agreed to without Customer’s prior approval (not to be unreasonably withheld or delayed): and (b) Customer shall have the right to participate, at its own expense, in the defense and/or settlement of any such Claim to the extent necessary to protect its own interests.