TAB Terms of Service
Last Updated: November 11, 2021
These TAB Terms of Service (the “TAB Terms”) are a legal agreement between you and Tiz, Inc. DBA Provi (collectively “Provi” or “we”, “us”, or “our”) or one of its affiliates or subsidiaries. By participating in Provi’s commercial credit program (“TAB” or the “Program”), you agree to be bound by these TAB Terms, the E-Sign Consent, the General Terms of Service (“General Terms”), and all other terms, policies, and guidelines presented to you during your use of the Program. If you are using the Program on behalf of a business or entity, that business or entity accepts these terms. Defined terms will have the same meaning as those found in the General Terms, unless otherwise defined herein.
1. The TAB Service
The Program provides approved Retailers access to working to capital. TAB line of credit advances are automatically disbursed to a Retailer after it makes payment of any invoice on Provi in the same amount as such invoice, subject to credit availability. For more information, please see our TAB FAQs .
The Program is intended solely for Retailers who have applied for a TAB line of credit and been approved by Provi. Any registration by, use of, or access to the Program by any unauthorized or unlicensed Retailer, or other business or individual is a violation of these TAB Terms.
3. Changes to these TAB Terms
We may amend these TAB Terms from time to time. It is your responsibility to review these TAB Terms, available on the Provi Site from time to time to see if it has changed. If you do not agree with the changes you should not use the Program.
4.1 You will need your own TAB account (an “Account”) to use the Program. Each Retailer can only have one Account that will be established by executing a Promissory Note in favor of Provi (the “Note”). The terms of the Note executed by you are incorporated herein by reference and will form part of the agreement between you and Provi.
4.2 In consideration of your use of the Program you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on or through the Service or otherwise requested by Provi (“Registration Data”); (b) maintain the confidentiality and security of your password and identification and agree to accept responsibility for all activities that occur with your permission under your Account or password; (c) maintain and promptly update the Registration Data, and any other information you provide to Provi, to keep it accurate, current and complete; (d) promptly notify Provi regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Program or the terms on which you use the Program; and (e) be fully responsible for all use of your Account and for any actions that take place using your Account.
4.3 If your password is lost or stolen, or if you believe there has been unauthorized access to your Account by third parties, please notify us immediately and change your password as soon as possible.
5.1 You agree to provide any information or documentation reasonably requested by us to verify your business or any authorized user’s identity in connection with your Account or any use of the Program, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity. Provi reserves the right to close, suspend or limit access to the Program in the event we are unable to obtain or verify any of this information to our satisfaction.
5.2 You agree that we may make any inquiries to assess your eligibility to use the Program including of third parties.
6. Prohibited Activities
6.1 You agree not to use the Services for any unlawful or fraudulent activity and to immediately contact us if you believe that your Account may be subject to unauthorized or unlawful use, or any account takeover or other type of fraudulent activity or security breach. By using the Program, you agree that you will not and will not assist or enable others to do any of the following:
(a) Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or agreements with us, including these TAB Terms;
(b) Provide false, inaccurate or misleading information to us;
(c) Provide information belonging to any person or other than yourself, or any company other than the one you are an authorized representative of;
(d) Use an Account that belongs to another person for yourself or on behalf of another person; or
(e) Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
7. Consent to Electronic Communications
7.1 By clicking to accept these TAB Terms or the General Terms that incorporate these TAB Terms, you are deemed to have executed this agreement between you and Provi electronically. You consent to electronically receive and access via email or your Provi Account all records, disclosures and notices related to your Account or the Services that we would otherwise be required to provide to you in paper form. Your consent to receive records, disclosures and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records, disclosures and notices electronically at any time by sending an email to uslegal@Provi.com with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive records, disclosures and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. If you fail to provide or if you withdraw your consent to receive communications electronically, Provi reserves the right to restrict, deactivate or close your Account.
7.2 To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Provi Account or by contacting us via email.
7.3 To view and retain a copy of these TAB Terms and other communications from us, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to these TAB Terms electronically and any Note, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 7.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 7.1.
8. Short Message Service (“SMS”) Communications
8.1 If you choose to open an Account, Provi may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to Provi, regardless of whether such telephone number is on a corporate, state or federal do-not-call registry. You certify, represent and warrant that the telephone number that you have provided to us is your number as an authorized representative of the applying Retailer and not someone else's. You represent that you are permitted to receive SMS at the telephone number you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
8.2 Any such SMS messages sent to you by Provi will be to verify your phone number or service any upcoming or overdue payments associated with the Program—Provi will not send you advertisements or marketing-related SMS. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
8.3 By entering your mobile number, you agree to receive text messages for service notifications and verification codes from Provi. Message frequency will vary. Reply HELP for help, STOP to stop (or cancel). Standard Message & Data rates may apply. We do not sell your data. Carriers are not liable for delayed or undelivered messages.
9.1 The privileges granted to you under these TAB Terms will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of these TAB Terms.
9.2 If any provision of these TAB Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these TAB Terms shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these TAB Terms.
9.3 The failure of Provi to exercise or enforce any right or provision of these TAB Terms shall not constitute a waiver of such right or provision in that or any other instance.