Bill2Pay’s Terms and Conditions
ACCEPTANCE OF TERMS
The following terms and conditions apply to all users of any Bill2Pay product and govern access to and use of this site and any Bill2Pay product. By using Bill2Pay's products, you acknowledge and agree to be bound by these terms and conditions and applicable laws.
BILL2PAY PRODUCTS
Bill2Pay's products enable you to make payments for services or bills electronically. Depending on the payment methods enabled by the business whose bills you are paying, you may be able to make payments by eCheck, credit card and/or debit card through interactive telephone voice response system (IVR), Europay, Mastercard and Visa (EMV) device, mobile application, or the Bill2Pay website.
CONDITIONS FOR USE
By accepting these Terms and Conditions or otherwise using Bill2Pay's products, you affirm:
As a user of Bill2Pay's products, you may be submitting bank account information, card information or other personal information such as your e-mail address and phone number to Bill2Pay. You are responsible for any legal, regulatory, or banking penalties and fees that may result from supplying false information to Bill2Pay. Depending on configuration, you may use Bill2Pay's products to make payments on consumer and/or commercial accounts. If the account used to make a payment is a banking or card account for your business, you must be an authorized signer on that account.
By using Bill2Pay's products to send payment instructions to Bill2Pay, you authorize Bill2Pay to send a message to your banking institution, card provider or financial network to charge your account and to send those funds to the designated bank account of the business whose bill you are paying.
PAYMENT RESTRICTIONS
Your payment account or your cash payment may be blocked from acceptance if Bill2Pay determines the payment poses risks to Bill2Pay's business. Bill2Pay may impose limits in terms of the number of payments made or the value of a transaction in accordance with any of the following: limitations established by payment brands, limitations established by retailers, payment processors, or Bill2Pay's risk policy.
Use of Bill2Pay's product is subject to applicable laws and all applicable rules of any clearinghouse or payment network involved in collecting or processing your payment.
FEES
In consideration of the use of Bill2Pay's products, you agree to pay a service fee, also known as a convenience fee, for each transaction you initiate. The applicable fee will be provided to you prior to your final authorization of the transaction. If you are paying by card or by your bank account, your card will be charged, or your bank account debited, for the payment amount plus the service fee, or a separate amount depending on the configuration. In addition, if you are paying by card and the card issuer charges Bill2Pay a fee to process your payment, Bill2Pay reserves the right to pass that charge along to you, which includes any party using Bill2Pay's products on your behalf (whether authorized or otherwise). You agree to have sufficient funds available to pay your payment amount and the service fee. If any payment is returned unpaid from your financial institution for any reason, you may be charged a return payment fee. The above referenced fees do not include charges that may be assessed by your card issuer, or your receiving bank, based on the terms of the agreement you may have with those entities, and Bill2Pay will not be liable for any recoupment of fees assessed to you. Bill2Pay is only responsible for usual and customary fees for processing individual payments. Excessive fees will be billed to the transaction presenter.
OVERPAYMENT
If your payment is returned for any reason, you may be liable for a return payment fee. If a refund is allowed, it will be processed to the same payment account that the payment came from.
If your card issuer is not located in the United States, and if a transaction is a chargeback, you will be responsible for the actual amount of the chargeback transaction which may be greater than the amount of the initial transaction due to currency conversion.
MIS-CONFIGURED TRANSACTIONS
Incorrectly or mis-configured transactions can and will be rejected or declined without notice to the presenter and considered an attempt to harm Bill2Pay and others by nefarious means. Under uncertain or questionable circumstances, customer accounts cannot be updated.
UNAUTHORIZED USE
Bill2Pay's products are provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of these products may be monitored for security reasons. Anyone accessing these products expressly consent to such monitoring and is advised that if such monitoring reveals evidence of criminal activity or malicious intent, Bill2Pay may provide evidence of such activity to law enforcement officials.
You acknowledge and agree that you are solely responsible for protecting your account login, username, password, and any other similar credentials that Bill2Pay provides you, or you otherwise create, as an account holder in connection with your use of Bill2Pay's products and services (collectively, "Account Credentials"). You shall not provide your Account Credentials to any third party, including, without limitation, debt consolidators or bill payment aggregators, and shall use your best efforts to prevent unauthorized use of Bill2Pay's products and services or your account. You shall promptly report to Bill2Pay any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Bill2Pay shall not be liable for any unauthorized use of payment accounts.
RIGHT TO RESTRICT OR TERMINATE ACCESS
Bill2Pay may deny or restrict your access to all or part of Bill2Pay's products and services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Bill2Pay in its reasonable discretion believes violates the letter or spirit of any of these terms. If Bill2Pay denies or restricts your access to its products or services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
Following termination, you shall immediately cease use of Bill2Pay's products and services and any license granted to you under any agreement related to your use of such products or services shall immediately terminate. Upon termination, Bill2Pay reserves the right to delete all of your data and other information stored on Bill2Pay's servers. Bill2Pay will not be liable to you or any third party as a result of the termination of these terms or such products or services or for any actions taken by Bill2Pay pursuant to these terms as a result of such termination.
Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Bill2Pay any amounts owed to Bill2Pay.
DISCLAIMER
YOUR USE OF BILL2PAY'S PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. BILL2PAY DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BILL2PAY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
LIMITATION OF LIABILITY
In no event shall Bill2Pay be liable for any special, indirect, punitive, or consequential damages. Bill2Pay's total liability for damages related to any Bill2Pay product shall be limited to the greater of the specific dollar amount of the service/convenience fee paid to Bill2Pay for the specific payment transaction which is the subject matter of the claim for damage or one hundred dollars ($100). Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our products and services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is reflected in the pricing offered by Bill2Pay to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms.
CHANGES TO THE TERMS
Bill2Pay may add to, change or remove any part of these terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these terms. Such modification shall be effective immediately upon Bill2Pay posting the updated terms. As your next use of Bill2Pay's products or services may be governed by different terms, Bill2Pay encourages you to look for a new effective date on these terms when you use Bill2Pay's products and services. If Bill2Pay makes any material changes to these terms, we will endeavor to provide account holders with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
GENERAL PROVISIONS
These terms constitute the entire agreement between Bill2Pay and you with respect to your use of Bill2Pay's products and services. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Bill2Pay shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
If any portion of these terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these terms will otherwise remain in full force and effect. You may not assign or sublicense your rights or obligations under these terms without the prior written consent of Bill2Pay in its sole discretion. Any unauthorized attempt to assign or sublicense is voidable at Bill2Pay's discretion. You agree that Bill2Pay's failure to insist upon or enforce any provision of these terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these terms, will survive the termination of these terms and termination of Bill2Pay's provisions of its products or services.
Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Bill2Pay, to claim a beneficial interest in Bill2Pay's products or services, these terms, or any rights occurring by virtue of these terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
Effective Date: June 21, 2019
COPYRIGHT NOTICE
Copyright @ 2019 Bill2Pay, LLC. All rights reserved.