PAYMENT AUTHORIZATION TERMS AND CONDITIONS
Welcome to the secure bill payment technology service (“Service”) provided by Paymentus Corporation. We are an authorized provider for the billing company (“Biller”) you are about to make a payment to. These terms and conditions set forth the legally binding agreement “(Agreement”) governing your use of the Service. By utilizing the Service, you acknowledge that you have read and agree to this Agreement. All payment instructions made through the Service are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. When you use the Service, you and any person you authorize to perform these functions on your account, agree to these terms and conditions.
VOIDS: Voids will be handled on a case by case basis and will only be performed by a Biller customer service agent.
BILLER CUSTOMER SERVICE REPRESENTATIVE: If you need to reach a live customer service agent, please call 800-646-8076.
The Biller will charge a convenience fee for any loan payment made utilizing the Service or by calling the Biller's customer service or collection department directly. The convenience fee will be disclosed as a service fee prior to completing the payment. By clicking the "Accept" button, you hereby confirm your acceptance of the payment and the convenience fee, and agree to pay the "Total Amount Charged" as indicated.
In this agreement, the term "business days" are Monday through Friday, excluding Federal holidays.
"Authorized User" is any individual which you allow to use the Service or access to your password or other means to access your Payment Account.
"Agreement" means these terms and conditions of the Service.
"Bill Delivery" means the presentation to you of a Biller Account Statement from Biller for you to view and/or pay.
"Biller" is the entity to which you wish a Payment to be directed through the Service and/or is the entity from which you receive Biller Account Statements, as the case may be.
"Biller Account" means the account you have directly with the Biller related to the products and services provided to you by Biller.
"Biller Account Statement" is the statement typically sent by the Biller to you indicating, among other things, how much you owe and when your Payment is due.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Due Date" is the date reflected on your Biller Account Statement when your Payment is due; it is not the late date or grace period.
"Payment" is a payment transaction initiated by you through the Service.
"Payment Account" is the checking account, debit card account, or credit card account from which Payments and service fees, if any, will be debited and/or to which credits to you will be credited.
"Payment Date" is the calendar day you want Biller to receive the Payment and is also the day your Payment Account will be debited; if the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be considered to be the immediately following Business Day. This date can be current or in the future.
"Payment Instruction" is the information provided by you (such as, but not limited to, Biller name, Biller Account number, and Payment Date) to the Service for a Payment to be made to Biller.
"Scheduled Payment" is a Payment that has been scheduled through the Service, but which has not yet begun processing.
"You" and "Your" refer to the individual that is utilizing the Service.
The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
The Service may be offered through Biller’s third party service providers, engaged to render some or all of the Service to you on Biller's behalf. You agree that Biller has the right under this Agreement to delegate to such third party service providers some or all of the rights and performance obligations that Biller has under this Agreement, and that these third party service providers will be entitled to all the rights and protections that this Agreement provides to Biller.
PAYMENT AUTHORIZATION, PAYMENT REMITTANCE AND FEES
You authorize the Service to follow the Payment Instructions that it receives from you. When we receive a Payment Instruction from you, you authorize us to debit or charge your Payment Account for the amount of any Payment plus any related service fees in effect at the time you initiate the Payment Instruction, and to remit funds on your behalf. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY CHARGE YOU A SERVICE FEE TO PROCESS PAYMENTS PURSUANT TO THIS AGREEMENT. ANY SUCH FEES WILL BE DISPLAYED TO YOU PRIOR TO FINALIZING THE PAYMENT INSTRUCTION. YOU HEREBY AGREE TO PAY ANY SUCH APPLICABLE FEES AND YOU FURTHER ACKNOWLEDGE THAT EXCEPT FOR THOSE FEES THAT ARE SPECIFICALLY USE-BASED, ANY SUCH APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE PAYMENT INSTRUCTION IS DUE TO AN ERROR OR OMISSION ON THE PART OF THE SERVICE. You also authorize us to credit your Payment Account for the receipt of payments, including but not limited to those Payments returned to us because the processing of the Payment Instruction could not be completed. In order to process Payments more efficiently and effectively, the Service may edit or alter payment data or data formats. If Biller supports and you utilize a Payment Account that is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. You certify that any Payment Account you add to your profile or otherwise utilize for the Service is an account from which you are authorized to make payments, and any Payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. Payments are not accepted from collections agencies and third party agencies. The Service reserves the right to reverse all such payments if it discovers that they were made from such third party agencies or collection agencies.
The Service will use its reasonable efforts to make all your Payments properly. However, the Service shall incur no liability if the Service is unable to complete any Payments initiated by you because of the existence of any one or more of the following circumstances:
1. If through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The Service's payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. If, through no fault of the Service, Biller does not split and/or allocate the Payment in accordance with your Payment Instruction (in the event that split payments are accepted);
4. You have not provided the Service with the correct Payment Account information; and/or
5. Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be debited from or charged to your Payment Account, or causes funds from your Payment Account to be directed to Biller which does not comply with your Payment Instructions (subject to the terms of your loan and past due amounts), the Service shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to Biller any previously misdirected transactions. Completion of a Payment is contingent upon the authorization of payment by your card issuer or financial institution.
The Payment is non-refundable. You are responsible for ensuring that there are sufficient funds available in your bank account or on your credit line to cover any amount you authorize for payment. If you do not have sufficient funds in your bank account or availability on your credit line, your Payment may not be processed. In the event your Payment is not processed for any reason, including the failure to obtain an authorization from your card issuer or financial institution, or you have not provided us with the correct information, your liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed by the Biller thereon, all of which obligations remain your sole responsibility.
Any fees associated with your Payment Account, which are assessed by your financial institution or credit card issuer will continue to apply. When applicable, Biller may add any applicable fees and/or charges for the Service to your Biller Account, and you are responsible for payment of any such fees and charges for your use of the Service. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your utilization of the Service.
You may choose to pay “Now” or “Later” and you may enter a payment amount up to a maximum of $1,000.00. To make a payment greater than $1,000.00, please contact Biller’s Customer Service department. If you initiate a Payment Instruction prior to 5:00 pm Pacific time on any given Business Day, your payment will be posted to your Biller Account the next business day. If you initiate a Payment Instruction after 5:00 pm Pacific time, your payment will be posted to your Biller Account in the following two business days. If you choose to pay “Later” the “Date Due” field is populated with your due date and is not changeable. You may pay “Later” by scheduling a payment up to 30 days out.
To pay your loan in full, contact Biller’s customer service department for payoff payment information. Full payoffs may not be made through the Service.
PAYMENT CANCELLATION REQUESTS
A Scheduled Payment may be canceled or edited up to the day prior to the processing of the Payment Instruction by calling the Biller’s customer service department and speaking with a customer service Agent. Once the Service has begun processing the Payment, it cannot be cancelled or edited.
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, if there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed.
In using the Service, you understand that the Service may return payments for various reasons, such as, but not limited to, the Biller Account number is not valid; the Service is unable to locate your Biller Account; or Biller Account is paid in full. The Service will use its reasonable efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service. You may be assessed fees by your Biller or financial institution as the result of any returns or insufficient funds related to your Payment Account.
My Wallet allows you to save your Payment Account, or multiple Payment Accounts, for use in making future Payments through the Service.
1. Adding Payment Accounts, Payment Authorization, and Payment Remittance
You authorize the Service to add Payment Accounts to your profile when received from you. You also authorize the Service to follow the Payment Instructions that it receives from you directly or through Biller and/or Biller's agents. When the Service receives a Payment Instruction, you authorize the Service to debit or charge your Payment Account and remit funds to Biller on your behalf. You certify that any Payment Account you add to your profile is an account from which you are legally authorized to make Payments, and any Payment you make using the Service will debit or charge a Payment Account that you are legally authorized to use. All Payment Accounts previously saved are available for making a payment. If your Payment Account cannot be verified satisfactorily, the Service may not allow you to add a specific type of Payment Account to your profile.
2. Payment Account Number and Expiration Date Changes
If your Payment Account number changes or your credit or debit card expiration date changes, you agree to make updates to your profile. You also authorize the Service to acquire such new or additional information regarding your accounts from our financial services partners and authorize the Service to update your Payment Account information accordingly.
GENERAL PAYMENT TERMS
a) Payments must be made by the Biller Account Statement's Due Date until your Scheduled Payments are active.
b) When enrollment is activated, the Service will deduct, with respect to a Scheduled Payment, the amount due on the date you selected or, the amount designated by you on the date you selected.
c) While enrolled in the program, you may receive email confirmations of Payments charged to or debited against your Payment Account. It is your responsibility to update your email address in the Service with your current email address. Neither Biller nor the Service will be responsible for email confirmations that are not received as a result of delivery failures. (e.g., spam blockers or incorrect email address).
d) It is your sole responsibility to ensure that all Payment Account information is accurate, legitimate, and up-to-date in the Scheduled Payments program system to ensure proper authorization of your Payment. Neither Biller nor the Service will be responsible for any payment processing errors or fees incurred if you do not timely provide accurate Payment Account information.
e) If you dispute a Payment from your Payment Account, contact your Biller’s customer service department.
2. Payment Authorization
a) By selecting a Scheduled Payment, you are authorizing the Service to initiate a charge or deduction from your Payment Account.
b) The Scheduled Payment will be deducted on the due date specified by your Biller Account Statement or the date you have otherwise specified. For amounts specified by you, it is your responsibility to make sure the payment date as designated by you is on or before the Due Date shown on your Biller Account Statement.
c) If using a credit or debit card as your Payment Account, the Scheduled Payment will not successfully process your payment after such card's expiration date if it is not updated by you prior to such date.
Any withdrawals not honored by your financial institution, or charges refused by your card network, may be subject to returned payment charges.
TEXT MESSAGES, CALLS AND/OR EMAILS TO YOU
By providing us with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and/or text messages from Biller at that number, and/or emails from us for our everyday business purposes (including identity verification). You authorize the Service to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you. By providing the Service with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from the Service at that number for service-related purposes. For example, the Service may contact you in connection with validating or processing a transaction that you've requested through the Service. You agree that the Service may provide notices to you by posting them on the Services' website, sending them to you through an in-product message within the Service, emailing them to an email address that you have provided, sending them via text message to any mobile number that you have provided, or by mailing them to any postal address that you have provided. For example, users of the Service may receive certain notices (such as notice of payments and alerts for validation and receipt of transfers of funds) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. It is your sole responsibility to ensure that your contact information is accurate
MOBILE PHONE USERS
Your phone service provider is not the provider of the Service. As a user of the Service you may receive text messages related to your Payments and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access the Service to any unauthorized individuals. You are responsible for all Payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access the Service, you are responsible for any transactions they authorize. If you believe that your password or other means to access the Service has been lost, stolen, or otherwise compromised or that someone has transferred or attempted to transfer money without your permission, you must notify Biller customer service at once. If you believe there have been any unauthorized transfers related to your Payment Account and/or Biller Account related to the Service, you should notify Biller customer service and /or your financial institution.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended from time to time by posting a revised version on the Service site. You may be required to affirmatively accept the revised Agreement in order to continue using the Service. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement will constitute your agreement to such changes and revised versions. Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you.
ADDRESS OR BANKING CHANGES
It is your sole responsibility and you agree to ensure that the information maintained in your user profile is and remains accurate. This includes, but is not limited to, name, phone numbers and e-mail addresses, and Payment Account. The Service does not update or change any of the information that you have established with Biller. Any changes to such information will need to be made by contacting the Biller's customer service or collections department. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account information, Payment Instructions or contact information.
SERVICE TERMINATION, CANCELLATION OR SUSPENSION
In the event you wish to terminate your use of the Service, you may do so by contacting Biller's customer service. Any payment(s) the Service has already processed before the requested cancellation date will be completed. All Scheduled Payments will not be processed once your enrollment in the Service is cancelled. Your use of the Service may be terminated or suspended at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. If you dispute a Payment made from a Payment Account that is a credit or debit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your issuing financial institution; the Service is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement.
EXCLUSIONS OF WARRANTIES / LIMITATION OF LIABILITY
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Neither the Biller nor its service providers (as well as their respective officers, directors, employees, affiliates and stockholders) will be liable for any damages of any kind arising from the use of the Service, any payment company's non-authorization of a user's payment, any government entity's non-acceptance of a payment from a party using the Service or for disruptions in service on the Service, regardless of the cause, including (without limitation) direct, indirect, incidental, punitive and consequential damages. Neither the Biller nor its service providers assume any responsibility for the timeliness, deletion, mis-delivery, failure to store any user communications or personalized settings. Neither the Biller nor its service providers assume any responsibility for and will not be liable for any damages from any viruses, which may affect your computer equipment or other property on account of your access to, use of, or downloading from the Service.
You agree to indemnify and hold harmless us and our affiliates and licensors and contractors and their affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Service.
You may not assign or transfer any rights or obligations you have under this Agreement to any other party without our prior written consent, which we may withhold in our sole discretion. We reserve the right to assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors, or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
ERRORS, QUESTIONS AND COMPLAINTS
In case of errors or questions about your transactions, you should contact Biller customer service as soon as possible.