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Being Thankful for Pain
Tullian TchividjianWilliam Graham Tullian Tchividjian (pronounced cha-vi-jin) is the Senior Pastor of Coral Ridge Presbyterian Church in Ft. Lauderdale, Florida. A Florida native, Tullian is also the grandson of Billy and Ruth Graham, a visiting professor of theology at Reformed Theological Seminary, and a contributing editor to Leadership Journal. A graduate of Columbia International University (philosophy) and Reformed Theological Seminary in Orlando (M.Div.), Tullian has authored a number of books including Jesus + Nothing = Everything (Crossway). He travels extensively, speaking at conferences throughout the U.S., and his sermons are broadcast daily on the radio program LIBERATE. As a respected pastor, author, and speaker, Tullian is singularly and passionately devoted to seeing people set free by the radical, amazing power of God's grace. When he is not reading, studying, preaching, or writing, Tullian enjoys being with people and relaxing with his wife, Kim, and their three children—Gabe, Nate, and Genna. He loves the beach, loves to exercise, and when he has time, he loves to surf.
- 2008 Dec 19
Many of us live in a country which has convinced us that the pursuit of happiness and comfort is our "inalienable right." Therefore, when our comforts, conveniences, and cushions are threatened, we cry "foul." This has seriously affected our understanding of what it means to give thanks and the types of things we are to be thankful for.
I love reading biographies. And one of the things I have discovered in reading them is that the greatest people in history have been just as thankful for their pains as they have been for their pleasures. They have given gratitude for their desperations as much as their deliverances; their grief as much as their glory.
Charles Spurgeon once said, "Health is a gift from God, but sickness is a gift greater still." Throughout his time in this world, Spurgeon suffered with various physical ailments that eventually took his life prematurely. He longed to be well but he recognized the supreme value of being sick and he thanked God for it because it was his pain that caused him to desperately draw near to God.
Similarly, David Brainerd was a young missionary to American Indians who died in 1747 at 29 years old from tuberculosis. Toward the end of his struggle, he was on his deathbed coughing up blood and coming in and out of consciousness saying out loud, "Oh for Holiness! Oh, for more of God in my soul! Oh, this pleasing pain! It makes my soul press after God."
The Puritans used to say that this life was the gymnasium, the dressing room, for the life to come and if suffering here and now better prepared them for the next world then it was welcomed.
To be thankful for our comforts only is to make an idol of this life. "God-sent afflictions", says Maurice Roberts, "have a health-giving effect upon the soul" because they are the medicine used to purge the soul of self-centeredness and this world's vanities. Pain, in other words, sharpens us, matures us, and gives us clear "eye-sight." Pain transforms us like nothing else can. It turns us into "solid" people. Roberts continues, "Those who have been in the crucible have lost more of their scum." All of this should cause us to be deeply thankful.
It has been said that pain is the second best thing because it leads us to the Best Thing (God). For, it is only when we come to the end of ourselves that we come to the beginning of God. And it is only when we come to the beginning of God that we come to the beginning of life.
The paradox of Christianity is that if you want to find your life, you must lose it (Matthew 10:39). In the world's economy, life precedes death; In God's economy, death precedes life. The cross always precedes the crown; desperation always precedes deliverance. The good news, however, the thing that should cause us to be both supremely thankful and hopeful, is this: when we lose our worldly comforts, we gain heavenly ones. Thank God!


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18:0693(80)CA - IRS, Kansas City Service Center, Kansas City, MO and NTEU and NTEU Local Chapter 66 -- 1985 FLRAdec CA
[ v18 p693 ]
The decision of the Authority follows:
18 FLRA No. 80 INTERNAL REVENUE SERVICE KANSAS CITY SERVICE CENTER KANSAS CITY, MISSOURI Respondent and NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL TREASURY EMPLOYEES UNION LOCAL CHAPTER 66 Charging Party Cass Nos. 7-CA-1000 7-CA-1002 DECISION AND ORDER The Administrative Law Judge issued the attached Decision in the above-entitled proceeding, finding that the Respondent had engaged in certain unfair labor practices alleged in the consolidated complaint, and recommending that it be ordered to cease and desist therefrom and take certain affirmative action. The Judge further found that the Respondent had not engaged in certain other alleged unfair labor practices and recommended dismissal of the consolidated complaint as to them. Thereafter, the Respondent filed exceptions to the Judge's Decision. /1/ Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Authority has reviewed the rulings of the Judge made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, the Authority hereby adopts the Judge's findings, conclusions and recommended Order, /2/ only to the extent consistent herewith. The Judge found that the Respondent violated section 7116(a)(1) and (5) of the Statute by preventing the Union from bargaining effectively concerning the impact and implementation of the Respondent's decision to change certain conditions of employment. /3/ The Authority disagrees. The record in the instant case reveals that the Respondent first notified the Union, at a labor-management meeting held on August 28, 1980, of its decision to institute performance expectations by September 30, 1980, at the Kansas City Service Center. At this meeting the Respondent discussed the general guidelines of the proposed performance expectations with representatives of the Union in as much detail as possible at that time, given that actual performance expectations had not yet been formulated. The Respondent next met with the Union on September 10, 1980, to provide the Union with additional information concerning the changes in working conditions which was then available and to reaffirm its intention to implement those changes by September 30, 1980. At this meeting the Respondent provided the Union with two sample performance expectations, which were not applicable to any particular work unit within the Kansas City Service Center, but which were made available to the Union for general illustrative purposes. It was further established that the actual performance expectations applicable to particular work units at the Kansas City Service Center were not available at the time of the September 10 meeting as it was the Respondent's intention to allow individual supervisors to tailor the sample performance expectations to fit the needs of their particular units and this process had not yet been completed. The Union made no request to bargain at this meeting. Finally, the record also indicates that the Respondent and the Union met again on September 18, 1980 for the purpose of further discussing the sample copies of the performance expectations and that the Union failed to submit bargaining proposals at that time. Although the Judge found that the Respondent's failure to provide the Union with the actual performance expectations applicable to particular work units of the Kansas City Service Center prevented the Union from bargaining effectively concerning the impact and implementation of the changes, the Authority concludes that under the circumstances herein, the sample performance expectations that the Union did receive at the September 10 meeting were sufficient for purposes of negotiating impact and implementation. In this regard, the General Counsel failed to demonstrate that the Union was prevented from presenting proposals at either of the September meetings described above based on the information it did receive. Moreover, the Union's request for more specific information with respect to actual performance expectations could not have been provided inasmuch as individual supervisors had not yet completed the task of tailoring the sample performance expectations to fit the needs of their particular work units. Finally, the Authority notes that when individual unit supervisors did eventually implement performance expectations specifically tailored to their particular work units, upon appropriate bargaining requests by the Union, the Respondent discontinued implementation in those work units until a decision on the negotiability of the requests was reached. Indeed, the record shows that agreement between the Union and the Respondent has been reached concerning the impact and implementation of the changes herein subsequent to the filing of the instant consolidated complaint. Therefore, on the basis of the foregoing record evidence, the Authority concludes that the Respondent did not prevent the Union from bargaining effectively under the circumstances herein and, accordingly, the allegation that the Respondent violated section 7116(a)(1) and (5) of the Statute shall be dismissed. ORDER IT IS ORDERED that the consolidated complaint in Case Nos. 7-CA-1000 and 7-CA-1002 be, and it hereby is, dismissed in its entirety. Issued, Washington, D.C., June 21, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY -------------------- ALJ$ DECISION FOLLOWS -------------------- Megan Yearout, Esquire For the Respondent John J. Rubin, Esquire For the General Counsel M. Kathryn Durham, Esquire For the Charging Party Before: BURTON S. STERNBURG, Administrative Law Judge DECISION Statement Of The Case This is a proceeding under the Federal Service Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, Section 7101, et seq., and the Rules and Regulations issued thereunder, Fed. Reg. Vol. 45, No. 12, January 17, 1980, 5 C.F.R. Chapter XIV, Part 2411, et seq. Pursuant to charges filed on February 9, 1981, by the National Treasury Employees Union and National Treasury Employees Union Local Chapter 66, (hereinafter called the NTEU or Union), a Consolidated Complaint and Notice of Hearing was issued on March 31, 1981, by the Regional Director for Region VII, Federal Labor Relations Authority, Kansas City, Missouri. The Consolidated Complaint alleges in substance that the Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri, (hereinafter called the IRS or Respondent), violated Sections 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute, (hereinafter called the Statute), by virtue of its actions in (1) "unilaterally implementing changes in performance and dependability expectations (performance standards)" without first giving the Union prior notice of the changes and the opportunity to request bargaining with respect to impact, implementation, and the form of employee participation in the establishment of said performance standards; and (2) refusing to furnish the Union the historical data relied upon by Respondent in establishing the performance standards. A hearing was held in the captioned matter on June 18, 1981, in Kansas City, Missouri. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues involved herein. The General Counsel and Respondent submitted post-hearing briefs on August 24, 1981, which have been duly considered. Upon the basis of the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions and recommendations. Findings of Fact Respondent's Kansas City Service Center, which employs several thousand individuals, is responsible for processing the tax returns emanating from four mid-western states. NTEU, Chapter 66 has been the exclusive representative of Respondent's non-supervisory employees since 1973. On August 31, 1977, the NTEU, of which Chapter 66 is a constituent local, was certified as the exclusive representative in a consolidated unit of all Respondent's Service Centers throughout the United States, including Kansas City. The work performed by the employees at the Kansas City Service Center falls into two categories, measured or unmeasured work. Measured work is work which by its nature can be measured in terms of numbers and quality produced during a given span of time. Unmeasured work, on the other hand, is work which by its nature "doesn't lend itself to easy measurement". More than fifty percent of the employees at the Kansas City Service Center perform measured work. /4/ Prior to August of 1980, Respondent had in effect written quantity and quality expectations for an unspecified number of its units wherein measured work was performed. Other unspecified units were working under expectations which had been delivered verbally by the respective supervisors; and still other unspecified units were performing measured work with no quantity or quality expectations at all. In mid-July, 1980, the Director of the Service Center decided that the concept of written performance expectations should be expanded to cover the entire work force of the Kansas City Service Center, irrespective of the type of work performed. The performance expectations for the unmeasured work was to consist of a verbal written summary of the work to be performed and the proper manner to be utilized in performing the work. Measured work on the other hand was to consist of numerical expectations with respect to quantity and quality. /5/ On August 28, 1980, a regular bi-monthly Labor-Management Relations Committee meeting was held. In addition to discussing several agenda items submitted by the Union, the Respondent, for the first time, informed the Union that it intended in the near future to update existing expectations and establish new expectations for all work performed by the employees at the Service Center. Thus, the minutes of the meeting, which were signed by Ms. Elizabeth Conway, Chief, Personnel Branch and Management Spokesperson and Ms. Anne Eckstein, NTEU Chapter 66 President, described the discussion of the performance expectation as follows: 1. Performance Expectations Management stated that performance expectations would soon be issued in all areas of the Service Center. Many areas already have such expectations established and all will be reviewed at least quarterly once they are established. Management stated these expectations would be issued for the purpose of improving communications between managers and employees about what is expected of them. Management stated these would be used in granting or denying Within-Grade Increases and career ladder promotions and would also be used as a basis for incentive awards as well as for determining the appropriateness of adverse actions based on poor performance. Management stated the issuance of these expectations would not modify the requirements of the Multi-Center Agreement in any way and did not constitute establishment of a performance appraisal system or critical job elements which are to be established under the Civil Service Reform Act. The Union asked how these expectations will affect ISEP and promotions. Management responded that these expectations do not affect evaluations based on ISEP nor do they affect evaluations prepared under the negotiated agreement for internal promotion announcements. Management stated expectations would be issued by September 30, 1980. Management also stated plans were not completely finalized but would be shared with NTEU when they are finalized. Representatives of the Respondent and the Union, pursuant to a request by the Respondent, met on or about September 10, 1980. At this meeting, Mr. William Bridges, Assistant Director of the Service Center, presented to the Union representatives in attendance, i.e. Ms. Eckstein, Union President and Mr. Ray Williams, Chief Steward, two sample copies of the new expectations which were going to be distributed to the managers who were responsible for supervising the various areas of the Service Center. The samples were not applicable to any particular area of the Service Center and indicated that new or returning employees would be expected to achieve a certain percentage of the expectations established for any particular area or job. Moreover, the samples did not set forth any numerical quantity and quality expectations. Other than questioning the percentages appearing on the samples for new or returning employees, the Union made no request to bargain since they were not prepared for the presentation and had not had an opportunity to study the samples, which as noted above, were not applicable to any specific unit. The meeting ended with the Union stating it would get back in touch with the Respondent after it had an opportunity to go over the information set forth in the samples. On September 18, 1980, James Blase, a labor relations officer, met with Mr. Williams and Ms. Eckstein for purposes of further discussing the sample copies of the new expectations. During the course of the discussion the Union raised a number of its concerns with the new expectations and Mr. Blase attempted to assuage or pacify the Union and supply answers to various questions propounded by the Union. The meeting ended with the Union expressing dissatisfaction with the answers given by Mr. Blase and inquiring whether or not the Respondent intended to bargain with the Union over the expectations. Mr. Blase, according to a memorandum to the file dated September 19, 1980, informed the Union that negotiations would depend on the Union's proposals. Beginning on or about September 18, 1980, and continuing through approximately October 1, 1980, Respondent without any further discussion or notice to the Union implemented new or revised production expectations in some 26 units of the Service Center where measured work was being performed. The production expectations made provision for new and/or returning employees to work up over a period of time to 100% of the performance expectations. Upon receiving the expectations in the respective units, the Union's Chief Steward immediately directed a form letter to the respective unit supervisors which requested substance, impact and implementation bargaining; that any implementation of the expectations be rescinded; and that the Union be provided all the historic information relied upon "to arrive at the quantity and quality percentages." /6/ On October 10, 1980, Respondent directed a memorandum to Ms. Eckstein and Mr. Williams in response to their requests to negotiate the expectations implemented in some 26 individual units. The memorandum pointed out that during a meeting on October 1, 1980, management had indicated that while the performance expectations were non-negotiable it welcomed feedback from the Union concerning any specific problems in connection with the expectations. The memorandum went on to encourage such feedback and point out that the expectations were not part of the performance appraisal system required under the Civil Service Reform Act of 1978 which would be developed on a National level. Additionally, the memorandum indicated that there would be no deferral of implementation and that the Union's request for information underlying the expectations was denied since the information related to the substance of the expectations which Respondent considered to be outside the scope of bargaining. The closing paragraph of Respondent's October 1, 1980, letter acknowledged that there may be impact and implementation proposals which may be negotiable and requested that the Union submit such proposals by October 17, 1980. On November 7, 1980, /7/ the Union submitted a number of proposals concerning the performance expectations. The Union's proposals dealt, in the main, with the percentage production expectations assigned to new or returning employees. Additionally, the Union renewed its request for the "historical" data relied upon by management to arrive at the hourly production rates. The Union proposed that a new employee be allowed six months to arrive at 100% of expected level while returning employees be allowed four weeks to arrive at 100% of expected levels. On November 17, 1980, Respondent responded to the Union's November 7, 1980, letter and informed the Union that its proposals went to substance and hence were non-negotiable. The Respondent further informed the Union that it intended to continue implementation of the expectations beginning November 24, 1980. On December 10, 1980 and December 18, 1980, various representatives of the Union, by separate letters, renewed the Union's request for the information underlying the production expectations. Both requests were subsequently denied by the Respondent on the ground that the information pertained to matters outside the scope of collective bargaining and, as such, the Respondent was under no obligation to supply same. The record reveals that the performance expectations were subsequently utilized or relied upon by Respondent as a ground for demoting an employee to a lower grade. The record further reveals that the IRS and NTEU had been negotiating performance standards and critical elements within the meaning of Section 4302 of the Civil Service Reform Act (CSRA), on a National basis. The record also reveals that the parties entered into an agreement with respect to "employee participation" in April of 1981. According to the uncontested testimony of Ms. Conway, Chief of the Personnel Branch, the printouts, etc., which comprise the "historical" data requested by the Union, occupy about "90 cubic feet of space". Discussion and Conclusions The General Counsel in both his opening remarks and post-hearing brief makes it clear that the alleged Section 7116(a)(1) and (5) violation of the Statute is predicated solely upon Respondent's action in unilaterally implementing changes in the employees' performance expectations without first notifying the Union and affording it a meaningful opportunity to bargain, at least, with respect to impact and implementation. /8/ Additionally, relying primarily on the Authority's decision in National Treasury Employees Union, 3 FLRA No. 119, the General Counsel takes the position that performance expectations are in fact performance standards within the meaning of Section 4302 of the CSRA and, accordingly, the Union is also entitled to bargain over the form of employee participation in the establishment of such performance standards. As a further alternative position, the General Counsel, relying on the Authority's decision in Internal Revenue Service and Brookhaven Service Center, 4 FLRA No. 30, argues that the substance of the expectations is negotiable. Finally, the General Counsel takes the position that the Union is entitled to the information underlying the numerical expectations announced at various times by the Respondent. The Respondent on the other hand takes the position that the expectations are not equivalent to the performance standards and critical elements encompassed by Section 4302 of the CSRA, that the Authority's decision in Internal Revenue Service and Brookhaven Service Center, supra, does not make the substance of performance expectations negotiable, and that it did give the Union adequate notice of its decision to change or install new performance expectations. Lastly, Respondent takes the position that inasmuch as the Union was not entitled to bargain over the substance of Respondent's expectations, it, the Respondent, was under no obligation to supply the historical data requested by the Union. Based upon the record as a whole and particularly the uncontested testimony of Ms. Conway, Chief of the Personnel Branch, I can not find, as urged by the General Counsel, that the performance expectations established or changed during the period September 18 1980 through October 1, 1980, amounted to "performance standards" within the meaning of Section 4302 of the CSRA. Thus, the record indicates that a number of similar performance expectations had been in force prior to the passage of the CSRA and that the parties were negotiating, on the national level, the ground rules for the participation of the Union in the establishment of the production standards and critical elements mandated by Section 4302 of the CSRA. Accordingly, the Authority's decision in National Treasury Employees Union, supra, is not applicable to the unilateral changes alleged herein as a violation, and the Respondent is therefore under no obligation to bargain with the Union concerning the form of employee participation in the establishment of the production expectations. I further find, again contrary to the position of the General Counsel, that the substance of the performance expectations is not a negotiable item. Thus, the Authority in National Treasury Employees Union, supra, made it clear that the levels of output and the quality of work product fall within the rights accorded management to direct employees under Section 7106(a)(2)(A) and assign work under Section 7106(a)(2)(B) of the Statute. The subsequent decision in Internal Revenue Service and Brookhaven Service Center, supra, does not call for a contrary conclusion. In this latter case the Authority made it clear that its decision was confined solely to the particular facts of the case and that while it was finding that a Union proposal concerning the procedure to be utilized in setting production expectation was negotiable, it was not holding "that any proposal concerned with the subject of procedures used to determine acceptable levels of performance would be within the duty to bargain". In American Federation of Government Employees, AFL-CIO, Local 3656 and Federal Trade Commission, Boston Regional Office, 5 FLRA No. 70, the Authority reiterated its position that Section 7106(a)(2)(A) and Section 7106(a)(2)(B) make the content of performance standards non-negotiable. In this case the Authority reemphasized that, under Section (b)(2) and (3), an agency has however, the duty to bargain on the procedures management will observe in, and on appropriate arrangements for employees adversely affected by, the establishment of performance standards by agency management. With the above principles, findings and conclusions in mind, I now turn to the basic facts underlying the General Counsel's contention that the Respondent violated Section 7116(a)(1) and (5) of the Statute. The record reveals, and there does not appear to be any dispute, that the Respondent for a number of years had in effect written and/or oral performance expectations in a number of its units where measurable work was performed. The record further indicates that in other units where measurable work was performed no such standards existed. On August 28, 1980, Respondent announced for the first time its intention to issue written performance expectations for all of its units. Thereafter, Respondent again met with the Union on or about September 10, 1980, and presented to the Union two sample copies of expectations which were going to be distributed to the various managers who would then be responsible for drafting expectations. Neither of the two samples were applicable to any particular unit. Thereafter, without any further meaningful discussion Respondent proceeded to implement performance expectations in some twenty-six units without first giving the Union either notice or copies of the new or revised performance expectations and allowing the Union the opportunity to request impact and implementation bargaining. All parties agree that as a general rule it is incumbent upon an agency to give the exclusive representative of its employee prior notice of any contemplated change in conditions of employment and allow such representative the opportunity to request, at least, impact and implementation bargaining. Respondent takes the position that it was not under any obligation to give such notice as its action was mere extension of an existing practice, and that in any event, it did give the Union adequate notice of its decision to implement performance expectations and allow it the opportunity to request impact and implementation bargaining. I cannot agree with Respondent's position. The law is settled that a substantial change in conditions of employment necessitates impact and implementation bargaining. Here, although not all the changes in performance expectations are set forth in the record, the credited testimony of Mr. Williams establishes that performance expectations were indeed set for a number of units where there were no past written or oral performance expectations. In such circumstances, Respondent was obligated to give the Union notice and an opportunity to bargain over impact implementation. This it did not do. Respondent's announcement of its decision to institute performance expectations and the presentation of two sample performance expectations, which were not applicable to any particular unit, falls short of the duties imposed by the Statute. In order to conduct meaningful negotiations a union must know with some sort of particularity what it is to bargain over. Until it is faced with specific changes in conditions of employment, how can it determine if there is a substantial impact over which it might want to formulate bargaining proposals. The Union is entitled to specifics not generalities. Having failed to give the Union actual copies of the respective performance expectations prior to instituting same during the period September 18 through October 1, 1980, I find that the Respondent violated Section 7116(a)(1) and (5) of the Statute. Finally, with regard to the alleged Section 7116(a)(8) violation predicated upon the Respondent's admitted failure to honor the Union's requests for all the historical data underlying the new or modified performance expectations, I cannot agree that the Union is entitled to all the historical data relied upon by Respondent in setting the new or revised performance expectations. Thus, according to Section 7114(b)(4) of the Statute, an agency is only required to furnish data: (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Inasmuch as the substance of the performance expectations is not within the scope of the bargaining obligation, Respondent is not required to supply the data underlying same. However, since the Respondent is under an obligation to bargain with the Union over the impact and implementation of the new or modified performance expectations, it is required to supply to the Union all the information in its possession which is "reasonably available and necessary for full and proper discussion" of the impact and implementation issues. In this latter context, the record is barren of any evidence indicating how any part of the "historical data" relied upon by the Respondent in setting the performance expectations bears any relationship to the impact and implementation discussions or negotiations mandated by the Statute. In the absence of a showing that the historical data is necessary for a full and proper discussion, understanding, and negotiation of the impact and implementation issues, I cannot conclude, as urged by the General Counsel, that Respondent violated Section 7116(a)(8) of the Statute by refusing to make the historical data available. /9/ Cf. Director of Administration, Headquarters, USAF, 6 FLRA No. 24. Aside from the above considerations, I question the validity of the Union's request for the information. While a union does not have to be specific with regard to each and every bit of information requested for purposes of fulfilling its representational duties, it has to do more than merely demand "all historical data" relied upon by Respondent in setting the performance expectations. Thus, I find that it is incumbent upon the Union to designate with some particularity the subjects it wishes to discuss and the relationship of the designated material to such discussion. In the absence of a more definite description of the information desired and a showing of a relationship to the mandatory subject of bargaining, the Respondent does not violate the Statute by denying a union's general, comprehensive, unspecific demand for information. Having found and concluded that the Respondent violated Sections 7116(a)(1) and (5) of the Statute by virtue of its actions in instituting new or revised performance expectations during the period September 18, 1980 through October 1, 1980, without first giving the Union notice and allowing the Union the opportunity to negotiate concerning the procedures to be utilized in implementing the performance expectations and their impact on adversely affected employees, I recommend that the Authority issue the following order designed to effectuate the purposes of the Statute. ORDER Pursuant to Section 7118(a)(7)(A) of the Federal Service Labor-Management Relations Statute, 5 U.S.C.Section 7118(a)(7)(A), and Section 2423.29(b)(1) of the Rules and Regulations, 5 C.F.R.Section 2423.29(b)(1), the Authority hereby orders that the Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri shall: 1. Cease and desist from: (a) Instituting new or reviewed production expectations in the Kansas City Service Center without first notifying the National Treasury Employees Union and affording it the opportunity to meet and confer, to the extent consonant with law and regulations, concerning the procedures to be observed in implementing such performance expectations, and their impact on adversely affected employees. (b) In any like or related manner, interfering with, restraining, or coercing employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Labor Management Relations Statute: (a) Rescind and withdraw the performance expectations which were instituted during the period September 18, 1980 through October 1, 1980, without first giving the National Treasury Employees Union prior notice of same and affording it the opportunity to meet and confer, to the extent consonant with law and regulations, concerning, the procedures to be observed in implementing such performance expectations, and their impact on adversely affected employees. (b) Notify the National Treasury Employees Union prior to the installation of any new or revised performance expectations, and upon request, consult and negotiate with such labor organization, to the extent consonant with law and regulations, concerning the impact and implementation of su


text:
This User Agreement ("Agreement") is a contract between you and Vogue Web Solution (Owners of VoguePay) that applies to your use of the VoguePay third-party payment processing service and any related products and services ("Service") available through VoguePay.com ("Site").
If you do not agree to be bound by the terms and conditions of this Agreement, you may not use this Site or any of the Services.
Vogue Web Solution may amend this Agreement at any time by posting a revised version on this website. Except as stated, all amendments will be effective 30 days after they are posted on this Site. Notices of upcoming changes will be posted on our website and on notification pages posted in your VoguePay.com account.
In this Agreement, "you" or "your" means any person or entity ("Users") using the Service. Unless otherwise stated, "Vogue Web Solution", "VoguePay", "we" or "our" will refer collectively to Vogue Web Solution, its officers, directors, agents, subsidiaries, joint ventures, employees and suppliers.
1.0 EligibilityBoth Sellers and Buyers of products and services ("Products") can use the Service. Unless otherwise stated, all provisions in this Agreement apply to both Sellers and Buyers.
You agree that any information you give to us ("User Information") will stay in our records unless otherwise agreed upon.
You agree that we do not need additional consent to store, use and transmit data to third parties in the performance of our customer support duties and due diligence for detection of money laundering and terrorist funding.
1.1 WarrantiesYou represent and warrant that all of the following are true of you and your affiliates from your entry into this Agreement until the termination of your Account:
If you are an entity other than an individual, you have the legal capacity to enter into this Agreement and perform the obligations represented within it.
If you are an individual, then you are at least 18 years of age and do not require the consent, approbation or approval of any other person or entity to conclude a contractual obligation of the type represented in this Agreement.
Your execution of and performance under this Agreement in no way violates any legal obligation of the Seller, including any agreement between or among Seller(s) and any third party(ies).
If you are a Seller, you sell through your website only Products and/or services that are available for delivery in the normal course of your business.
You offer Products and/or services for sale only if you have the legal right to market and sell such Products and/or services in all applicable jurisdictions.
You maintain the value and reputation of VoguePay to the best of your ability.
You conduct your business affairs according to the terms and intent of this Agreement and in compliance with all applicable laws and regulations.
You do not use our Services for any activities considered fraudulent or illegal under any laws or regulations in any applicable jurisdiction.
You do not permit or authorize any other person or entity to use our Services without our written consent.
If you are a Seller, you have had ample opportunity to obtain legal advice regarding the legal effects of this Agreement. You can deliver your full legal name, street address, telephone number and email address by postal mail or email to your Buyer(s) and grant VoguePay access to records of this correspondence.
You will refrainfrom using abusive and vulgar language with VoguePay employees, whether through email, support ticket, blog comments or phone support. Abusive conduct will not be tolerated and will result in account termination.
2.0 Liability
2.1 Our Liability
If you have a dispute with one or more Users, you release VoguePay from any and all claims, demands and actual/consequential damages related to your transaction(s) with said User(s). We provide our services "as is" without any warranty or condition.
VoguePay makes reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards and check issuances are processed promptly. We make no representations or warranties regarding the amount of time needed to complete transactions because our Service is largely dependent upon many factors outside of our control.
Under no circumstances will we be liable for any lost profits, special,
incidental or consequential damages arising out of or in connection
to the Site, our Service or this Agreement. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages so the above limitation or exclusion may not apply to you.
Under no circumstances shall our liability to you exceed the amount
of the revenue earned from transactions carried out by you in the three
months prior to the event leading to liability.
You agree to indemnify and hold VoguePay harmless from any claim or demand, including attorneys' fees, made or incurred by any third party due to or arising out of your breach of this Agreement, by the documents it incorporates or by your violation of any law or third-party rights related to your use of the Service.
You agree that if either you or VoguePay begin litigation or arbitration, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in addition to any other relief to which the prevailing party may be entitled.
You agree to indemnify and hold VoguePay harmless for unauthorized transactions done through VoguePay. It is very important to contact us immediately if you believe your account has been compromised or if someone has transferred money through your account without your permission. Notifying us as soon as possible will limit your liability.
2.2 Your Liability
If you do not report unauthorized transactions in your VoguePay account, you will be liable for any resulting damages. We will do what we can to recover the funds, but if we are unable to recover them, you will assume responsibility for the losses.
Your VoguePay account is protected by a password. As long as you keep the password confidential, no one will be able to access the funds or information in your VoguePay account. If a member shares their password with others or allows others to discover and use their password with the account, the account holder is giving access to the funds and information in the account and assumes all responsibility for
transactions in this account.
You are responsible for performing your due diligence on any Sellers with whom you plan on doing business. If you neglect to perform due diligence on a Seller and do not receive an item you paid for or receive an item that does not appear as the Seller described it, you will be liable for any resulting damages. However, if you file a transaction dispute, we will do our best to mediate a resolution that will benefit all parties involved.
3.0 Agency Relationship
VoguePay provides third-party payment processing services and carries out related actions on your behalf. At all times, we hold your funds separate from our corporate funds and do not use your funds for our operating expenses or corporate purposes. We do not voluntarily make your funds available to our creditors in the event of bankruptcy or other purposes. You acknowledge that VoguePay is not a bank and that the
Service is a payment processing service rather than a banking
By initiating and sending payments through the Service or adding funds to your balance, you appoint VoguePay as your agent to obtain the funds on your behalf and transfer them to the designated receiver. When you send a payment, you are the owner of those funds which VoguePay holds as your agent. You will not be able to withdraw those funds or send the funds to any other User unless the initial transaction is cancelled.
By receiving payments through our Service, you appoint VoguePay to hold your funds in your account until you take further action. You may allow a third party to withdraw or transfer your funds through our Site, but they will still be subject to the terms of this Agreement. If we send you a payment notification when you receive money through VoguePay but you have not registered for the Service, you will have no claim to those funds until you register for the Service and accept the
VoguePay is a payment processor that hosts, creates, maintains and
provides our Service to you online. We do not have any control over
the Products that are paid for with our Service. We cannot ensure
that a Buyer or a Seller will complete their transaction as we are
not a party to any transaction between Users. Instead, each User
agrees to use the Services of their own accord. Furthermore, VoguePay
reserves the right to correct any processing errors that may occur.
4.0 Account Information
4.1 Verification
VoguePay encourages Users to become verified for the security of our network. We may ask our members at anytime to become verified to comply with Anti-Money Laundering and Anti-Terrorist Financing Legislation. You agree to complete account verification procedures upon VoguePay's request. If you refuse to complete account verification, your account may be suspended regardless of any or all pending or unsettled transactions.
4.2 Receiving Funds
When you receive funds in your VoguePay account, applicable transaction fees will be deducted for that transaction.
4.3 Sending Funds
VoguePay provides a secure medium through which to make payments online. The Seller assumes all liability for the Product being sold, and understands that the Products are purchased at your own risk. If you encounter any problems with the Seller's Products, you should contact VoguePay immediately to assist you in resolving this problem following the Resolutions process outlined in section 5.0. Your report must be submitted on or before Ten (10) days after the purchase of the
product or services.
4.3.1 Refusing Transactions
If you send money to
another VoguePay User, they automatically accept the funds; This
means a User must have to return money sent to them back to the
sender by initiating another fund transfer. You agree that we will
not be held responsible for damages resulting from a User's refund of
a transaction.
4.5 Depositing Money
You can deposit funds by bank transfer, or debit/credit card payment, and then spend
your money anywhere you like while keeping your personal information
In compliance with the Money Laundering Act of 1995 and the Terrorism (Prevention) Act
2011 and Terrorism Prevention (freezing of international terrorist
funds and other related measures), regulations of 2011, certain
limits will be imposed on deposits into VoguePay accounts whether
verified or unverified and depending on the depositing method. To
spend your money without divulging your personal information, you
must select VoguePay as the transaction gateway on the checkout page.
4.5.1 Returned Deposit
If you deposit funds by bank transfer and the amount is unpaid due to non-sufficient funds, a closed account or a stopped payment, you will be liable to pay a N2000 fee per incident. Please ensure that you provide accurate
data before initiating a bank transfer.
4.6 Withdrawing Money
You have the option of withdrawing to your bank account by bank transfer or bank wire or by requesting a check.
In compliance with Anti-Money Laundering and Anti-Terrorist Funding Legislation, certain limits
will be imposed on withdrawals from VoguePay accounts whether
verified or unverified and depending on the withdrawal method.
4.6.1 Returned Withdrawal
If you withdraw
funds by bank wire or bank transfer and the amount is returned due a
closed account or unable to locate, you will be liable to pay a N2000
fee per incident as well as any other associated fees passed on by
correspondent banks. Please ensure that you provide accurate data
before initiating a bank transfer.
4.7 Recurring Payments
A recurring payment
is a payment plan you set up with a Seller in which you allow us to
process pre-authorized payments for the subscription or recurring
service. If you sign up for a subscription or recurring payment, you
give VoguePay the right to process your pre-authorized payments.
4.7.1 Cancelling A Recurring Payment
If you wish to
cancel a subscription, you must always cancel it from your VoguePay
account, or contact our customer support to cancel it for you. If you
merely unsubscribe on a seller's website, your subscription will not
be cancelled.
4.8 VoguePay Balance
You are not required
to carry a balance in your VoguePay account. You may deposit funds at
any time. However, if your VoguePay account has a negative balance,
you agree to deposit funds into your account to cover the negative
balance. If you do not, we reserve the right to recover the funds by
any means necessary, including the involvement of a collections or
law enforcement agency.
If you do hold a
balance in your account, VoguePay will keep your funds separate from
its corporate funds and will not use your funds for its operating
expenses or any other corporate purposes. VoguePay will not
voluntarily make your funds available to its creditors in the event
of bankruptcy.
You further understand that you will not receive interest or other earnings on the funds that VoguePay handles as your agent and places in pooled bank accounts. In consideration for your use of the Service, you irrevocably transfer and assign to VoguePay any ownership right that
you may have in any interest that may accrue on funds held in pooled
bank accounts. This assignment applies only to interest earned on
your funds, and nothing in this Agreement grants VoguePay any
ownership right to the principal of the funds you maintain with
VoguePay. In addition to or instead of earning interest on pooled
bank accounts, VoguePay may receive a reduction in fees or expenses
charged for banking services by the banks that hold your funds.
4.9 Credit Card Use
You can use your
credit card to send direct payments to other VoguePay members or to
make a payment through a Seller's website. You can also use your
credit card to deposit funds, into your voguepay account. If you
receive a refund and initially paid for the item with your credit
card, your refund will be put in your VoguePay account.
4.10 Account Security
VoguePay implements various security measures to protect your account. With the use of your password and/or Transaction PIN, unauthorized transactions will be drastically reduced if not completely eliminated.
5.0 Resolutions
5.1 Transaction Disputes
Disputes between you and a Buyer must be reported through Customer Support at www.voguepay.com/dispute or
www.voguepay.com/tickets. Claims must be
filed within FUND_MATURITY days of the completed payment.
When handling a
dispute, VoguePay will take into consideration the Seller's Terms of
Service to which you agreed at the time of purchase. If the service
or product has not been delivered as stated, VoguePay's policy will
be used in place of the Seller's Refund Policy.
5.2 Buyer Protection Policy
When payment is made
for any purchase of product and/or services by the buyer, the fund is
not released to the Seller until after ten (10) days from the date
the payment was made. The Buyer is expected to report any fraud
within these days if there is any.
We do our best to
provide protection for both the seller and the buyer alike.
Some of our dispute
resolution and refund processes are summarized below. Be sure to read
through before filling out our dispute resolution form.
5.2.1 Dispute
When a buyer is not
satisfied with a purchase from a seller, the buyer can fill out our
dispute resolution form appropriately within FUND_MATURITY days of the completed payment. We will do our best to mediate
a fair resolution between both parties.
If the resolution
results in a refund for the buyer, a refund of the total money less
the already deducted charges will be made to the buyer. The already
deducted charges will serve as a fine for the buyer while the seller
may also be fined.
However, if the
resolution does not result in a refund for the buyer, the seller is
fined for the resolution.
We encourage the
seller and the buyer to communicate and reach a mutually agreeable
resolution. This will reduce the possibility of refunds which may
result in a fine for both parties.
5.2.2 Refunds
If a buyer has
filled our dispute resolution form with respect to a transaction, the
buyer and/or the seller may be required to provide some or all of the
- Proof of physical
postage/delivery, email delivery, refund and/or replaced product.
- A copy of the original item
- Return/Refund Policy applicable
to the buyer at the time of purchase.
- Terms and conditions agreed to
by the buyer prior to purchase.
Seller Protection Policy
The Sellers are
protected from unjust claim from any Buyer. If any issue is resolved
in favor of the Seller, the buyer pays a fine and may be banned from
using the services on VoguePay.
Chargebacks and Associated Fees
A chargeback occurs
when the debit/credit card owner contacts their debit/credit card issuer to dispute
certain charges made through their credit card or bank account,
depending on payment or depositing method. Any account that receives
fraudulent funds or funds that have been disputed by the debit/credit card owner will
be reversed. If you receive funds in your account from the debit/credit card owner's
credit/debit card or bank account and the credit/debit card or ACH
transaction is reversed, you agree to hold VoguePay harmless for the
reversal fee and agree to reimburse VoguePay immediately by any means
Chargebacks, returns and reversals may lead to immediate account termination and/or a
N2000 penalty fee. Furthermore, in the event of a chargeback or
reversal, any VoguePay fees (such as "receiving" fees) will
not be refunded.
Funds Recovery
If another User
disputes a payment made to your VoguePay account by chargeback,
VoguePay will retrieve the funds in question. Furthermore, you
authorize VoguePay to retrieve any disputed funds to recover the lost
funds. If you received the amount by check, you agree to pay the
negative balance in your VoguePay account. Otherwise, we will have to
involve a collections agency in the funds recovery process.
Contacting the Seller
Before filing a
claim, you must contact the Seller and attempt to resolve the dispute
on your own. Most disputes are solved with proper communication. If
you cannot resolve the dispute this way, you can submit a ticket
regarding your dispute through VoguePay dispute form.
After you have
opened a dispute, VoguePay will send a "Contact Request" to
the Seller in hopes of resolving the issue. The Buyer must respond to
this email if the issue has not been resolved, otherwise the dispute
will be closed. Furthermore, it is not permitted to alter either
party's email reply; all information, including emails, should be
included in their original format. We ask that all email
communications take place using the same email address as
the one used to open the dispute.
Submitting a Dispute to The Support Center
VoguePay members may
only submit one dispute per transaction. Submitting multiple
disputes for a single issue may result in the closure of the dispute
without resolution for the inconvenience.
If one member files
a dispute against another member, VoguePay's Support Center will
mediate the situation. VoguePay will only intervene if there is a
clear policy violation. VoguePay's involvement and final decision
protects Buyers from fraudulent Sellers and protects Sellers from
false allegations of fraud.
Before filing a
complaint, you should review the Seller's Refund Policy and
Terms of Service. If after reviewing the Refund Policy and TOS you
believe that the Seller failed to provide the Product or Service as stated
and/or if you are entitled to a refund as stated by the Seller, you
may file a complaint.
If your claim is
justified, VoguePay will attempt to collect funds from the Seller.
Both parties agree to a binding resolution rendered by VoguePay.
VoguePay reserves the right to limit resolution requests if the User
has not done due diligence on the Seller prior to making a purchase
or sending funds. Once a dispute has been closed, it cannot be
re-opened or disputed again.
Before a Buyer can
report a dispute, the following conditions must be satisfied:
You must register a
VoguePay account. This is because in case of refund, the refund will
be paid into your VoguePay account.
You must submit your
complaint on or before FUND_MATURITY days after purchase of Service.
Failure to do this revokes your complaint.
The complaint must
include the following: Transaction Number, Email used for order, Date
of the transaction, amount and payment method.
6.0 Acceptable Use Policy and Activities Not Allowed
6.1 Acceptable UseUse of the Services is subject to this acceptable use policy ("AUP"). If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between Buyer, Seller or other authorized User ("You") and VoguePay.
You agree not to use or allow third parties or Your End Users to use the Service for the following reasons:
To generate or facilitate unsolicited bulk commercial email.
To violate or encourage the violation of the legal rights of others.
For any unlawful, invasive, infringing, defamatory or fraudulent purpose.
To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other Products of a destructive or deceptive nature.
To interfere with the use of the Services or the equipment used to provide the Services, by Buyers, Sellers or other authorized Users.
To alter, disable, interfere with or circumvent any aspect of the Services.
To test or reverse-engineer the Services to find limitations, vulnerabilities or evade filtering capabilities.
To use the Services, a component of the Services or contents of password protected pages in a manner not authorized by VoguePay.
Your failure to comply with the AUP may result in suspension and/or termination of the Services pursuant to the Agreement.
No User or other third party is authorized to use bots, spiders or other automated information-gathering devices or programming routines to "mine" information displayed, register User accounts, perform transactions and any other activities VoguePay considers inappropriate.
6.2. Activities Not AllowedThe sale, solicitation, offering, exchange or service of the following:
Tobacco products and related paraphernalia.
Pharmaceutical and controlled substances.
Imitation and replica clothing and accessories.
Drugs and related paraphernalia (including but not limited to research chemicals and illicit herbal incense)
Pre-adult content, such as pictures, videos, etc..., of individuals under the age of 18.
Illegal downloads or any other goods and services infringing intellectual property rights of a third party, including streaming video/audio.
Credit card protection, credit repair services, applications for financial services or loans and/or collection services
Payment processors or any aggregation type services.
Sites that promote hatred, racism, sexism, religious persecution and/or any other prejudicial views.
Services using credit card transactions as deposits or credits, including pre-loaded debit/credit/cash/virtual cards.
Hazardous materials, combustibles and/or corrosives.
The followingactivities are also not allowed through or in relation to VoguePay:
Money laundering.
Infringing on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
Violating any law,statute, ordinance, contract or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising.
Submitting altered verification documents.
Being misleading, false or inaccurate in respect to VoguePay or any other User.
Any activity similar to or consisting of giving yourself a cash advance from your credit card or bank account, factoring or helping others to do so.
Any defamatory, trade libelous, unlawfully threatening or harassing statements or information.
Using VoguePay as a virtual terminal.
Using currency exchangers or aggregation, unless approved by VoguePay.
Transmitting personal information of other VoguePay members to third parties.
Using the VoguePay brand to market or advertise your product(s)/service(s) in any capacity.
Threatening legal action against VoguePay and/or VoguePay employees.
Furthermore, anything that causes us to lose or become liable for, in whole or in part, the services of our sponsoring banks, Internet Service Providers or other suppliers is not allowed. If you use or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution if necessary.
6.3 Monetary PenaltiesIf you are found in violation of this User Agreement and all terms herein, we reserve the right to fine you a penalty of N2000 and upwards, depending on damages and the severity of the violation and the liability you cause to VoguePay and/or our professional partners. Sites that sell banned products or services are subject to immediate account termination. We also reserve the right to freeze or forfeit funds, as well as fine the account holder and/or cancel payment without notice.
We further reserve the right to penalize any and all fraudulent or negligent Sellers for using VoguePay as Customer Support for their business, for excessive refunds, transaction disputes, chargebacks, complaints, excessive burden, creating liability and damaging our credibility among our members and professional partners. The fine for the aforementioned will be a minimum of N2000 per incident.
6.4 Use of Other Payment ProcessorsMembers participating in high-risk programs, such as MLMs or gambling should only send/receive payments through VoguePay-to-VoguePay funds transfers/payments. If members transfer funds with debit/credit cards, any disputes resulting from that effect are void to VoguePay's resolution and risk management process.
Only VoguePay records will be used to determine the outcome of any conflict or dispute. Anti-Money Laundering guidelines and VoguePay's fraud prevention policies require that transactions disputed through VoguePay are limited to only the lesser of the funds sent or received through VoguePay. Therefore, should the case arise that disputes are initiated on ingoing or outgoing funds transfers, only the lesser amount of the two will be treated as relevant to the dispute, resolution and risk management process.
7.0 Regulated Account Types And IndustriesIndividuals whose businesses fall under the following "Regulated" industries ARE permitted to use our services. However, accounts and industries that fall under the "Regulated" category must use a VoguePay Business account to receive payments. Please note, some industries may be subject to higher fees than regular and other "Regulated" industries. The fees are applied at the discretion of VoguePay. Please contact Customer Support through a support ticket for more information.
7.1 Regulated IndustriesDVDs
Telephone service, long distance, VoIP, PC-to-phone service or SMS
Plants, seeds and/or other horticultural products.
Seminars and event tickets
Perishable and non-prepackaged foods.
Police and other government identification and equipment
Body modification products, such as penis/breast enlargement
Mature toys, novelties, paraphernalia and related Products
Multi-Level Marketing (MLM), matrix programs or online income opportunity programs
Pay-to-click, pay-to-read and any related industries
Games of skill
Lotteries and raffles
Web-based anonymizers
7.2 Deferred Rendering of Goods and ServicesDeferred Rendering of Goods and Services is defined as funds that are received from a client for services or goods to be delivered to the client at a date further than FUND_MATURITY calendar days after purchase. Depending on a seller's goods, services or industry, VoguePay reserves the right to temporarily sustain an amount of transactions and/or monies until confirmation is received by virtue of client confirmation or if package delivery information can be substantiated.
8.0 Closing Accounts And Limiting Account AccessThis Agreement's term will begin as soon as you accept these terms and will continue as long as you use the Site or the Services and are a VoguePay member.
8.1 Activities Resulting In Account Limitation and TerminationVoguePay reserves the right to limit Account access or withdrawals and the right to terminate this Agreement with no prior notice for any of the following:
Reporting unauthorized or unusual credit card or bank account use to your issuing bank or other issuing authority, including but not limited to chargebacks.
Abusing the reversal process by a Buyer through their bank.
Consistently failing to follow the Resolutions process before filing a complaint with their issuing bank or other issuing authority.
Initiating a reversal by a Buyer through their issuing bank or other issuing authority without first following the Resolutions process.
Initiating transactions such as cash advances or assisting cash advances.
Sending unsolicited email
Using the VoguePay account to facilitate fraudulent activity.
Violating this User Agreement in any way.
Returning an incoming Electronic Funds Transfer due to insufficient funds in the bank account or an incorrect bank routing/institution and/or account number.
Using an anonymizing proxy.
Receiving excessive complaints from Buyers about your account, business or service.
Submitting altered verification documents.
8.2 Actions Resulting From Engagement In Restricted Or Prohibited ActivitiesIf we have reason to believe or suspect that you have engaged or plan on engaging in any restricted or prohibited activities, we may take various actions to protect VoguePay, other users or you from reversals, chargebacks, claims, fees, fines, penalties and any other activity that may render VoguePay liable.
The actions we may take include but are not limited to the following:
a. We may close, suspend or limit your access to your VoguePay account (such as limiting access to any of your payment methods and/or your ability to send money, make withdrawals or remove financial Information);
b. We may contact buyers who have purchased goods or services from you, contact your bank or credit card issuer and/or warn other users, law enforcement or impacted third parties of your actions;
c. We may update inaccurate information you provided us;
d. We may refuse to provide the VoguePay services to you in the future;
e. We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability;
f. We may at any point ask for information regarding your business, reason for you sending or receiving the payment; and<
g. We may take legal action against you.
VoguePay will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on said limitations. Should your account be limited, all funds will be held for a period of time until the issue is resolved. However, it may be held for a lesser period which VoguePay will determine. By following this User Agreement, you can help protect your account from becoming limited.
9.0 Anti-Money Laundering and Counter Terrorist Financing PolicyAs a worldwide financial institution, VoguePay is fully committed to conducting due diligence on our clients and ensuring that all applicable laws and regulations necessary to forestall and prevent money laundering. These include confirming the identity of our sellers and buyers by means of:
Government-issued photo ID
Proof of residential or business address
Corporate documentation
Business registration information
Any other applicable documentation
Furthermore, we reserve the right to conduct enhanced due diligence on all clients given world-wide approved risk-based policies. Please note that VoguePay reserves the right to refuse a transaction or deny operation on a client or account at any time should suspicion arise that it may be connected to money laundering, criminal activity or any other predicate offence to money laundering. VoguePay will not enter into any business arrangement with anyone or group suspected of or directly involved in money laundering, or where funds have been sources or ends of an illegal activity.
In the event that VoguePay receives, during its request for documentation, deceptive documentation, contact details, business description or other false information, VoguePay will terminate the offending account. VoguePay is legally bound to report such misdemeanors to the relevant authorities, and as such the subject, business and its owners may be the subject to a criminal investigation.
9.1 VoguePay Counter-Terrorism Financing Statement (CTF)As part of the information that is collected during our verification and AML procedures, VoguePay conducts verification through world-wide databases. At the forefront, they will include compliance with EFCC (economic & financial crime commission) requirements, as contained in the Economic and Financial Commission Act 2004, global sanctions reports and government watch lists and screening processes. At any time, due to a requirement to satisfy any of the above verification methods, a client, business entity or any of the business entity owners or affiliates may be asked a specific document or piece of information to confirm their identity or provide additional information regarding any transaction, operations or even business dealings with certain individuals, institutions and dealings in geographical locations.
Should a situation arise where the nature of the business, geographical specific regulations or account activity fall in the scope of non-compliance in any applicable law or regulation, VoguePay will inform the client, business unit or any of the business owners or affiliates of the event and occurrence. For such instances, pre-verification and enhanced due diligence will be required prior to regaining active account status. In cases, where compliance is not achieved pursuing remediation measures, VoguePay will see fit to terminate the account and will report the event and surroundings to the applicable law enforcement and regulatory authorities.
10.0 Additional TermsVoguePay's failure to enforce any provision of these terms is not an allowance of such provisions. It is VoguePay's right to act with respect to subsequent or similar breaches and enforce such provisions.
This Agreement is governed by and interpreted under the laws of the Federal Republic of Nigeria as such laws are applied to agreements entered into and to be performed entirely within the Federal Republic of Nigeria.
The parties hereto agree that this agreement is drafted and executed in the English language.
11.0 Glossary
Limitation: An account status in which a User has limited or no
access to the Services pending an investigation. This status can be
either temporary or permanent depending on the individual
Attestation: A form certifying a person's identity by signature or oath in an official capacity.
Bank Deposit Code: A Bank Deposit Code is created once a member completes a bank deposit. Bank Deposit Codes are issued to all bank accounts outside of United States and Canada. This code is required when the member visits their bank and must be included in the "Details" or "Reference" area of the bank transfer. No information other than the Bank Deposit Code should be entered in the "Details" or "Reference" area of the bank transaction. A missing Bank Deposit Code may cause delays in completing the transaction.
BIC: Bank Identification Code.
Business Tools: A set of functions available to account holders, including Instant Payment Notifications, "Buy/Subscribe Now" buttons and numerous email associations.
"Buy Now" Button: A button a seller can integrate into their website allowing their customers to sign up for a VoguePay account or make an instant payment.
Chargeback: A function a VoguePay member may initiate through their credit card issuer to reverse a credit card payment. This action will result in an account suspension as we are charged for every chargeback initiated by a member.
CVC: See CVV.
CVV: Credit Card Verification Value; A 3 - 4 digit code on either the front or back of your credit card. This code is an extra layer of security necessary for "Card-Not-Present" transactions.
CSV: Comma-Separated Values; A file format necessary for data import and/or export to and from VoguePay.
DBA: Doing Business As; A statement permitting a Seller to operate a VoguePay account under a company name.
Deposit: A function with which a VoguePay member can deposit money into their account by bank transfer, bank wire, money order, certified check or cashier's check.
Due Diligence: Time and effort all members are expected to spend on researching the reliability, credibility and ethics of individuals and/or businesses with which they plan on doing business. Members should contact these people or companies to establish a rapport and/or read blogs, reviews, brochures and other material and use their best judgment before doing business with them.
E-Commerce: A general business category encompassing most internet-based financial and commercial services.
EFT: Electronic Funds Transfer; bank transfers and bank wires.
Email Validation: Before a member can login to their VoguePay account, they must click the link in the validation email.
NUBAN: Nigerian Uniform Bank Account Number
IPN: Instant Payment Notification.
Mass Pay: A "Send Money" feature that can be used to pay several people or a large group at one time. This is a fast and effective tool for members who make weekly pay-outs such as commissions or referral payments.
Member: An VoguePay customer with an active VoguePay account.
MLM: Multi-Level Marketing.
Password: An alpha-numeric code each VoguePay member will create to log into their account.
Payment Processing: A general business category including third-party electronic payment solutions.
Proxy Server: In computer networks, a proxy server is a server (a computer system or an application program) that services the requests of its clients by forwarding requests to other servers. Members who try to access their VoguePay account through a proxy server will be denied access. They must contact their Internet Service Provider to disable their proxy server.
Transaction/Reference Number: A 15 digit alpha-numeric code assigned to every transaction. The member can find their reference number by clicking on the status of the transaction in their VoguePay account.
Regulated: This applies to business types that carry extra risk resulting in a higher possibility of chargebacks. Also applies to an account status in which a User's access to the Services are limited.
Screen Shot: A picture of a computer screen. A screen shot of a bank transaction is usually necessary when an international member's deposit has not been credited to their VoguePay account. The "Prt Scr" button on the keyboard will take a screen shot. You can paste the screen shot in the "Paint" program by selecting "Paste" under the "Edit" button.
Security Code: Our security code provides a way of authenticating that the data was sent by VoguePay. You create your security code and it is immediately encrypted so only you know the code you entered. Your security code will not change unless you enter a new code to be encrypted. You can make this change at any time by going to IPN Setup.
Send Money: A function that enables a member to send funds to another member using only their email. If the receiver does not have an VoguePay account, they will be invited by email to create one.
"Subscribe Now" Button: A function a seller can integrate into their website which allows their customers to sign up for a paid subscription through us.
Transaction PIN: A numeric code a member creates opening an VoguePay account. Much like a debit/credit card PIN, a member will not be able to complete a transaction without entering this PIN correctly. Members may also have to answer two security questions when creating their PIN and will have to answer those questions correctly to reset it. The answers to the security questions are case-sensitive.
User: A person who uses our services; same as "Member". Generally, this term refers to someone who "uses" computers and the Internet.
Verification: Account verification identifies the member as part of a Know Your Customer (KYC) policy. Verification is important for the VoguePay network as it enhances security and helps to protect our members against fraud.
Withdraw: A function in which an VoguePay member can transfer funds out of their VoguePay account by bank transfer, bank wire or check.


text:
OP Member
Kuala Lumpur
Thanks Meter: 11
85 posts
Join Date:Joined: Aug 2011
I own a mobile phone shop and today there was a guy who trade in a Moto G for a brand new Note 3. Everything was fine when I tested the phone. However, just minutes ago, the phone started to ask decryption password. Is there any way for me to get this phone back to its original state?


text:
Columbia Business School
- Faculty & Research
You are here
Media Program Newsletters
Each academic year, the Media Management Association compiles a newsletter of Media Program activities and distributes to current MMA members and industry alumni. See newsletter archive below.
Archive Files:
Fall 2009 Newsletter
Spring 2009 Newsletter
Fall 2008 Newsletter
Winter 2008 Newsletter
Winter 2007 Newsletter
Winter 2006 Newsletter
Spring 2005 Newsletter II
Spring 2005 Newsletter I
New York City Media Seminar Series: Jeremiah Dittmar (LSE)
Speaker: Mike Perlis, President & CEO, Forbes Media (by invitation only)
MBA Media and Entertainment Conference, featuring Greg Coleman, President, BuzzFeed and Josh Sapan President & CEO, AMC Networks
Speaker: Adam Silver, NBA Commissioner (by invitation only)
Featured Media
John Skipper, President, ESPN & Co-Chairman, Disney Media Networks, shares his insights into how to succeed in the media business.
NYC Media Seminars
Linking economists working on media topics in the greater New York area by providing a regular forum for discussion.


text:
But it doesn't have to be.
Continue Shopping.
iHerb Customer Reviews
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This peanut butter powder is great in oatmeal, shakes, and soo many many more foods! I am in love ... purchased 2 jars of the regular and 2 jars of the chocolate about 4 weeks ago and they are already gone :) will be ordering more ASAP!


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I am a 25 year old journalist from Gothenburg, Sweden. I live with my boyfriend Lars in a apartment in the city. We love animals and would like to have a dog one day, but for now we're settling with an aquarium.
Like almost everyone in the world I like music, books and movies.


text:
Linking child care and rural economic development in central Minnesota
Thinking about jobs and economic development doesn't often connect with thoughts of child care.
But that's exactly what communities in greater Minnesota have been thinking about when it comes to rural growth and revitalization. Now, Greater Than Minnesota, a partnership between First Children's Finance and the six Minnesota Initiative Foundations, is mobilizing those communities.
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text:
Paul Konerko \KUN-er-KO\
Paul Henry Konerko
Position: First Baseman
Born: March 5, 1976 in Providence, RI
High School: Chaparral HS (Scottsdale, AZ)
Drafted by the Los Angeles Dodgers in the 1st round (13th pick) of the 1994 amateur draft.
Signed June 11, 1994. (All Transactions)
Debut: September 8, 1997 (Age 21.187, 14,771st in MLB history) vs. FLA 1 AB, 1 H, 0 HR, 0 RBI, 0 SB
Rookie Status: Exceeded rookie limits during 1998 season [*]
Teams (by GP): WhiteSox/Dodgers/Reds 1997-2014
Agents: Craig Landis, previously: David Yates, Tom Reich [*]
About biographical information
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text:
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Do us all one favor though. Make your decision, whatever it is, but stick to it. Don't take a spot from a guy then drop out of the Academy. I'm not a big name caller, but if you turn this down to finish ONE SINGLE semester of college, I have to question whether or not you're even smart enough to be on this job.
Can I ask why every one is so against the PH. Don't all Ph have to take the same test and requirement just like every one else?
I hope I answered this clearly and well enough that the entire next 3 pages doesn't have to be everyone else ranting.
Thank you
Have you seen the score of the ph. Out of 729 people that took the test 369 score 95 or above. Some 120 with score of 102 and better. I only ask because I read the thread and see so much bashing toward the Ph.
Have any one took a look at the ph forum site that they post on???
You are right some didn't score well enough but some did in was pass over. Thats why i ask have anyone view there forum for ph.
i went searching for both; the forum and test results. I couldnt find either. PH test results arent even posted on nyc.gov with the rest of 2000 or 2500. Help us out whymetoo
Anyone in the LIC/Astoria area going to the orientation at noon tomorrow? Willing to pick up a guy in LIC? Throw ya a few bucks for gas.
Edit: Hope they don't mine jeans and a button up. That's about all I got for civilian clothes right now and I REALLY don't want to be that guy wearing a uniform.
What is so hard to understand. What if they told your mother or father that they had to fire them because they weren't the right color and hire some one who fit their idea of what looks PC. Then everyone has to work with someone who is less qualified and is moraly arrogant. Whats the point of doing anything to better yourself or work hard if they are hiring based on skin color.
They should be called Charity hires, who's priority is it to hire these people. Violating an individuals civil rights and fair chance at a job for group politics.
On another note fellas ... Who ran today ???? Came out of work ran the 1.5 in 11:45 hey after picking up 15 tons of garbage I think that's GREEEATTTTT !!! Plus squats !!! Now I feel like I got ranned over !!! ... Lights out for until later on ... Don't let whymetoo ruin the afternoon fellas its gorgeous outside !!!
Every one who opens their mouth with an opinion in oposition of merit based hiring is either Full of it or doesn't even know how NYC hires it's civil servants. I was speaking to a lawyer about it and he didn't even know about civil service testing yet he called FDNY a bunch of Nazis, then had a stupid look on his face when explained that every civil service employee was hired that way through DCAS. He also didn't know what DCAS was, most people don't and thus they are not educated enough to have an opinion.
Hey guys, thanks for the reply.
i be going to the gym about 4 days a week and run each time at least 1.5 miles. but after the 1.5 mile and at 13 mins 20 seconds im a bit tired. like i struggle a bit, but im still doing it..im going to start running outside again...i have no time to slack cuz im expecting to receive notices after july after the next class goes in, since im in the high 700's with a score of 102... im working on it guys. i will try to keep updating.
(and it looks like whymetoo is a PH)
I've tried my best to stay as quite as possible on the entire PH situation. And being humble and Shuting TFU are not strong suits of mine. Im gonna break this down. I scored near perfect on this exam. I have a sickly high IQ(top 2%), as i suspect most of the people who did extremely well on the exam do as well. MY STRONG SUITS are mathematics, logic, deductive reasons and psychology. Tis why I played poker for a living for an extended amount of time.
given both pieces of information above(both quotes). On what fu.cked up bell curve do only 2/3 of the people taken the exam pass. And other other remaining sample... Whymetoo according the numbers you listed 16.4% of the test takers score in what would have been the top 2.5% of the OC list which had over 40,000 test takers. Do you not see the problem with these numbers? The theory of large numbers tells us that there is something wrong with this number distribution.
Moreover, the vulcan soceity has been less than fair.
Example A http://www.youtube.com/watch?v=RDqzKlbvRqI
Example B. I have two FFs who are mentoring me threw the process(thank god). But one of them that lives in my building. A few days before I went to take exam 2000 one of them said to me(i just happened to bump into him), "Did you receive an email regarding the 2nd part of the test?" Well the email was forwarded to him from someone. It was an email that the vulcan society sent out. Giving information about how to score well on the second part of the exam. If I did not get a chance to look at this piece of information I most likely would have answered some of those questions differently.
Lastly, no one really knew how the format of the exam was going to be. Most of us had some idea, but were taking the exam "in the dark". The PHs that were going to take the exam, I'm sure were taught exactly what was going to be on it. And exactly how to do well.
I am gathering by his grammar, spelling, and general lack of facts Whymetoo is likely a PH. You'll get no useful info from him.
this guy sums it all up
Both seem to have the same self entitlement vibe going on.
To answer the question: Because you FAILED the first time!
Being given head of the line privilege over those that have persevered and worked their tails off is just plain wrong.
The way our system works, you were not passed over unless you had not met all the requirements necessary (i.e.: age, CFR, etc), did not keep in contact or didn't update your address or actually deferred on your own. It's not because you were "discriminated against".
Do they have to take the same test and requirement just like everyone else?
But they should not have been given the opportunity in the first place. It is only happening because some misguided judge thinks the 50's & 60's aren't over.


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Great Performances
Stephen Sondheim's Company With The New York PhilhSeries Website »
Episode Guide »
Legendary composer and lyricist Stephen Sondheim's groundbreaking musical "Company," premiered in 1970 with a book by George Furth. Centering on Bobby, a confirmed bachelor celebrating his 35th birthday with his 10 closest friends (who also happen to be five couples), the musical culminates in Bobby's transformation from unattached swinger to tentative monogamist. This New York Philharmonic gala concert production stars Neil Patrick Harris as Bobby. Directed by Sondheim veteran Lonny Price, Harris' co-stars include Patti LuPone, Stephen Colbert, Christina Hendricks (Mad Men), Anika Noni Rose (Dreamgirls), Jon Cryer and Martha Plimpton performing the show's many Sondheim standards, including "Another Hundred People," "Barcelona," "Side by Side," "The Ladies Who Lunch" and "Being Alive." Also starring are Craig Bierko, Katie Finneran, Aaron Lazar, Jill Paice, Jennifer Laura Thompson, Jim Walton and Chryssie Whitehead.
More Full Episodes
Mark Morris Dance Group: L'Allegro - Full ProgramLa Dolce Vita: The Music of Italian Cinema - Full ProgramAmerican Voices with Renée FlemingStar-Spangled SpectacularDudamel Conducts Verdi Requiem at the Hollywood Bowl - FullMatthew Bourne's Sleeping BeautySting: The Last ShipBarrymoreRodgers and Hammerstein's "Oklahoma!"San Francisco Opera's Moby DickGreat Performances 40th Anniversary CelebrationDancing at Jacob's Pillow: Never Stand StillPaul Taylor Dance Company in ParisBroadway Musicals: A Jewish LegacyMagical Mystery Tour RevisitedPaul McCartney's Live KissesTanglewood 75th Anniversary CelebrationLA Phil performs An American in Paris
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text: Jamie Dimon, chief executive officer of J.P. Morgan Chase & Co., appeared before the U.S. Senate Banking Committee hearing Wednesday, when he faced tough questioning over the bank's multibillion-dollar trading losses disclosed in May. The hearing began with a bang after half a dozen protesters heckled Mr. Dimon and were escorted from the hearing. (Bloomberg News)


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An iDataResearch study suggests that the U.S. market for patient tracking technology will hit about $4 billion in seven years, with the biggest growth expected in the home telehealth and hospital telemetry segments. The findings indicate "a growing trend among U.S. hospitals to decrease acute and long-term care expenses," iDataResearch's CEO said.
View Full Article in:Healthcare IT News
Published in Brief:


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Narrow your search
The G-Speed Studio R Thunderbolt 2 is a super fast storage array that supports multiple RAID configuration. The device is available in 12TB, 16TB and 24TB capacities that cost $2200, $2700 and $3600, respectively.
Officially unveiled at IFA in Berlin, the new AX900 series promises "the company's best picture performance" rivalling the TV tech for which Panasonic is best-known: plasma. Also announced was an 85-inch 4K TV and a step-down series of 4K sets.
NASA has joined forces with an origami expert to meld art and technology in the creation of foldable solar structures that could one day go into space.
A new flagship tablet gives consumers yet another option from Samsung. But is that a good thing?
The space agency has just announced plans to fly to an asteroid, snag a boulder, fly back toward Earth and put the rock in orbit around the moon. Because science.
Shipping in 2014, Sony's biggest (and most expensive) TV boasts a super-accurate picture in a handsome package.
Big V's first shipping foray into 4K, or Ultra High Definition, the P promises to bring all those extra pixels at a price
Toshiba's lineup of TVs for 2014, just introduced at CES, is chock full of pixels, dimming LEDs and the company's Cloud Portal Smart TV system
Apple's reliance on a single, more powerful version of the USB port in its new MacBook might alienate customers today, but analysts say the company is leading the way to future PC design.
What exactly is a "modular phone" and why would you want one? We take a look at all the things we know -- and don't -- with this build-it-yourself smartphone design.


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Orange for Animal Cruelty Awareness wants to
VOICE outrage at the KILLING of Marius at Copenhagen Zoo
SURPLUS - Giraffe KILLED on Sunday Feb 9th 2014!
SURPLUS - Giraffe KILLED on Sunday Feb 9th 2014!
Because this is horrendous and hideous. Can you imagine the fear these animals must be in the last minutes of their
We ask to stop the terrible practice of eating dog meat and tortures to which the dogs are subjected in China.
Hello and thankyou for taking action on this most brutal of Animal cruelty crimes.WE WANT JUSTICE FOR BUDDY...let the
TELL THE PRESIDENT THAT ANIMAL CRUELTY NEEDS TO BE TAKEN SERIOUSLY....make the people who commit these acts of violence
Does an Animal Abuser Live in Your Neighborhood? Our communities have good reason to be concerned about the whereabouts