Preference Selection. TMS shall display all Delivery Methods on the Student Portal from which a Student may electronically select a preference. School may modify the Delivery Methods from time to time by providing written notice to TMS, and the Student Portal shall reflect the change on the later of (i) three (3) Business Days thereafter, or (ii) the date on which School has requested the change to take place. TMS shall use commercially reasonable efforts to honor the Student’s Delivery Method preference; provided, however, that if honoring such Delivery Method preference is not commercially reasonable or would violate Requirements of Law, TMS shall notify School via the School Portal. School may override such Delivery Method Preference and select an alternative Delivery Method Preference, which such Delivery Method Preference shall not be the Card Method. Upon the reasonable written request from School, TMS may, in its sole discretion, arrange for School to receive a paper check that the applicable Student can pick up at School. In the event that a Credit Balance is delivered via a method other than one selected by the Student, School shall be responsible for communicating any such deviation to the applicable Student. Students may change their Delivery Method preferences up until one hour before a Refund Transmission File is received by TMS. Changes received (A) within an hour after TMS has received the Refund Transmission File, or (B) subsequent to TMS’s receipt of the Refund Transmission File shall be applied on future disbursements. If School implements its own Delivery Method preference selection process that does not utilize TMS software, notwithstanding anything in this Agreement to the contrary, School, and not TMS, shall be liable for the compliance of such Delivery Method preference selection process with applicable Requirements of Law, including, without limitation, 34 C.F.R. §§ 668.64(d)(4)(A)(1)-(6) and 668.64(d)(4)(B)(1)-(3). School shall transmit to TMS any Delivery Method preference that it obtains from a Student pursuant to its own Delivery Method preference selection process within one (1) Business Day of School’s receipt of such Delivery Method preference; provided, however, that such Student may subsequently change his/her Delivery Method preference via the Student Portal subject to this Section 2.3(b).
Appears in 14 contracts
Samples: Student Refund Management Services Agreement, Student Refund Management Services Agreement, Student Refund Management Services Agreement
