DESCRIPTION OF SERVICES
These Terms and Conditions govern your use of bill payment services by Paymentus (“we,” “us,” and “our”) whether the Client Portal or the Paymentus One-Time Payment service (“services”.)
The Paymentus bill payment service allows you to store payment method information to pay a bill owed to a third-party biller (“Biller”) and/or to receive a disbursement from a Biller. Any payment method, including but not limited to credit card, debit card, bank account, or advanced payment method, if available (“Payment Method”), to pay or receive a disbursement from a Biller and the account associated with your payment method will remain subject to the terms and conditions of all existing agreements with the financial institution issuing such debit card.
Please review the terms of those agreements, as amended occasionally, as they contain important information about your rights and responsibilities when making transactions.
Paymentus is not a bank or a money transfer company and provides no deposit account or other financial services. Paymentus neither transfers, nor stores funds, nor moves money. You may not establish a financial account with Paymentus of any kind. A third-party payment processor will transmit all money to or from a Biller.
ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or using the Service, you agree to be bound by these Terms and Conditions (the “Agreement”). We may amend this Agreement at any time. Your continued Service use will reflect your acceptance of the revised Terms and Conditions. Paymentus will provide notice if your rights under the Terms and Conditions change materially. If any change to the Terms and Conditions is unacceptable, discontinue using the Service immediately.
PRIVACY AND INFORMATION SECURITY
We make security and the protection of your information a top priority. You can access our Privacy Policy through the Privacy Notice link adjacent to these Bill Payment Terms and Conditions, which is incorporated into and made a part of this Agreement by this reference. You agree that we will disclose information about your transaction account and the payments to Billers:
- To complete transactions;
- In connection with offering the Service;
- In connection with the investigation of any claim related to your account or your payment instructions;
- To comply with government agency or court orders;
- By your written permission; or
- As otherwise permitted by the terms of our Privacy Policy.
USE OF PERSONAL INFORMATION TO IDENTIFY YOU AND PROCESS TRANSFERS
You authorize all applicable third-party payment processors to use the email address(es), telephone number(s), and other information that are associated with you as a protection measure to validate your identity and process and route the payment transaction account to the Billers you select.
You agree that we may provide information about you to the Billers to whom you pay, the Billers’ financial institutions, or any other person who processes your payment, facilitates, or delivers transfers that you direct.
ADDITIONAL PROVISIONS CONCERNING USE OF INFORMATION
You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using the Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked or sanctioned under rules of the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), the Office of Foreign Asset Control (OFAC) of the United States Treasury Department, or other applicable regulator.
We may need to communicate with other financial institutions and Billers concerning the transfer transactions to complete payments or receive disbursements using the Service. You agree that we may use, copy, modify, update, display, and distribute any information or data you provide for processing transfers or services to different financial institutions and Billers. You authorize us and third-party payment processors to use the information you provide and information concerning your transfers to initiate and complete transfers you initiate and provide ancillary and supporting services to facilitate your transfers and use of the Service. Your authorization includes but is not limited to, providing such information to Billers to whom you send funds using the Service, Billers’ Financial Institutions, and any intermediary or service that is in any way facilitating or processing the payment.
REGISTERING FOR THE SERVICE
You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period (i.e., no “burner” numbers). The reason for this is to ensure secure authorization.
Registration occurs on the Biller’s website or other channels, such as automated phone service agent phone service, mobile app, or any other channels during registration. At that time, you authorize Paymentus to get the email address, mobile number, or information such as your account number and applicable US zip code or Canadian postal code that may be necessary to authenticate you with a Biller. You further authorize us to use any information (except your Biller-specific authentication information relating to one Biller or one Biller payment flow) for other Billers to whom you may direct payments.
CONSENT TO EMAILS AND AUTOMATED TEXT MESSAGES
By registering and using the Service, you represent that you are the owner of the email address and mobile phone number or that you have the delegated legal authority to act on behalf of the owner of such email address and mobile phone number. You consent to receive emails or texts from Billers and us regarding the Services. You agree that our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register. You further acknowledge and agree:
You will immediately notify us if any registered email address or mobile phone number is surrendered or changed by you. You must notify us in writing of a change in your email address or mobile phone number.
SMS Text Communication
By opting into Short Message Service (SMS) texting, you acknowledge that you have read, understood, and agree to these SMS Communication Terms and Privacy Notice. You may receive text messages from Paymentus regarding billing notifications, payment links, and/or account updates and reminders.
Consent to Receive SMS
You consent to receive SMS messages from Paymentus regarding billing status and/or account notifications by providing your mobile phone number. Message frequency may vary based on your interactions with us.
Message and Data Rates
Standard message and data rates may apply depending on your mobile carrier and plan. You are responsible for any charges incurred for receiving SMS messages and any fees or other charges that your wireless carrier may charge for any related data, text, or other message services, including short message service (SMS). Please check your mobile service agreement for details or applicable fees.
Opting Out
You may opt out of receiving SMS messages at any time by replying with “STOP” to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number. Please note that opting out may affect your ability to receive certain communications.
HELP AND SUPPORT
If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive. If you have any specific questions, you can contact us via phone, email, or by writing to us at the address below:
- Call the Customer Care Team at telephone number 1-800-420-1663
- Send an e-mail to: privacy@paymentus.com
- Send mail to our address:
Paymentus Corporation
Attn: Privacy Notice Inquiry
11605 North Community House Road, Suite 300
Charlotte, NC 28277 U.S.A.
AUTHORIZATION AGREEMENT FOR AUTO PAY
When you click the designated button to complete a payment, you authorize payment via ACH, credit, or debit card.
ACH
When using ACH, you authorize Paymentus to initiate a one-time or recurring ACH debit to the bank account you indicated in the amount of the “Payment Amount” (charged directly by the billing company.) You understand that because this is an electronic transaction, these funds may be withdrawn from your bank account as soon as today unless you have specified a later date.
If you have specified a later date for your ACH payment and wish to cancel it (up to 24 hours prior), you can do so by calling your biller at the Customer Service Number.
Credit/Debit Card
When using a credit or debit card, you authorize a payment and agree to pay the amount indicated as the full amount of each payment (“Total Amount Charged”) according to the card issuer agreement governing the card. All authorizations are subject to the agreements governing your credit or debit card. Payment transactions by card will only be completed after receiving successful authorization from your card company for the Total Amount Charged.
Fees
If a “Fee for Service” or “Service Fee” is listed, you also authorize ACH debit or charges to your credit or debit card in the amount your biller charges for using the Paymentus Technology Platform. Your biller charges this fee.
You may avoid a fee by paying another channel, such as mailing your payment, paying in person, etc.
You usually see one-line item on your card or bank statement – the Total Amount Charged. That amount will include any Service Fee if the biller has elected to charge you this fee. This amount will be disclosed to you before you make the payment. In some cases, you may see two-line items: one for the Payment Amount due to the biller and the other for the Fee for Service associated with using the Paymentus Technology Platform.
LIMITS
At any time, at our sole discretion, we reserve the right (and may be bound by law) to limit the amount(s) and number of payments you may send over a certain period. If you attempt to send payment(s) over these limits, such payment(s) may be rejected. If you are permitted to send payment(s) over these limits, such payment shall be subject to this Agreement, and we are not obligated to accept similar payment(s) in the future.
CONTACT IN THE EVENT OF UNAUTHORIZED TRANSFER
If you believe someone has transferred or may transfer money without your permission, call us immediately at 1-800-420-1663 or email us at customercare@paymentus.com.
FAILURE OR REJECTION OF TRANSFERS; REFUSED PAYMENTS
We communicate transfer instructions but do not transfer money. Financial institutions and payment service providers affect transfers. Accordingly, we do not make any representation or warranty that any transfer can be completed or that it can be completed within a particular timeframe. Any estimates we may provide concerning the completion date for the transfer are only estimates and are not binding on us. You understand and agree that we have no control over the actions of Billers, payment service processors, or financial institutions that may prevent or delay a transfer.
We reserve the right to decline, initiate, or complete a transfer for any reason. We reserve the right to refuse to pay any Biller.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER CONCERNING THE SERVICE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, CONCERNING THE SERVICE DESCRIBED OR PROVIDED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DISCLOSURE OF LIABILITY
YOU AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF (1) YOUR USE OF THE SERVICE; (2) OUR ACTIONS FOLLOWING YOUR PAYMENT INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; (4) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY INSTITUTION; (5) ANY FUNDS TRANSFER LIMITATIONS SET BY ANY INSTITUTION; AND (6) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF NOTIFICATIONS SENT TO BILLERS.
We do not transfer money. Accordingly, we shall have no liability to you for any money transfers, including, without limitation, any failure, through no fault of us, to complete a transaction in the correct amount or any related losses or damages. We shall not be liable for any typos or keystroke errors you may make when using the Service.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES YOU HAVE WITH ANY BILLER WHOM YOU SEND MONEY TO USING THE SERVICE.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS, OR PAYMENT PROCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE US STATES OR JURISDICTIONS IN CANADA WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE US STATES OR JURISDICTIONS IN CANADA IS LIMITED. WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
INDEMNIFICATION
You acknowledge and agree that you are personally responsible for your conduct while using the Service. Except as otherwise provided in this Agreement, you agree to indemnify, defend, and hold harmless us, applicable third-party payment processors, and our respective owners, directors, officers, and agents from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
GOVERNING LAW; JURISDICTION
This Agreement will be governed by and construed under the laws of Delaware in the United States of America or the Province in which you reside in Canada. Using the Service, you submit to the exclusive jurisdiction of the courts within Delaware if you are within the United States and, in Canada, within that Province and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with applicable federal, state, provincial, and local laws of the country of residence when using the Services.
Paymentus will not be deemed to have waived any rights or remedies under this Agreement unless such waiver is in writing and signed. 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.
COMPLETE AGREEMENT; SEVERABILITY
You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between you and us concerning the Service, and supersedes any proposal or prior agreement, oral or written, and any other communications between us. Nothing in any advertising material you may view or have viewed varies from this Agreement.
If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. 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. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to customer care personnel), the terms of the Agreement will prevail.
WAIVER OF JURY TRIAL
YOU AND WE EACH HEREBY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTES, LITIGATION, PROCEEDING, OR COUNTERCLAIM ARISING WITH RESPECT TO RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, THE SERVICE OR ANY TRANSFERS, AND ANY DISCUSSIONS, NEGOTIATIONS OR COMMUNICATIONS INVOLVING OR RELATED TO THIS AGREEMENT OR THE SERVICE.
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