PAYMENTUS PAYMENT AUTHORIZATION TERMS
Revision Date: September, 2023
Welcome to the secure bill payment technology service provided by PAYMENTUS CORPORATION (“Paymentus”, “we” or “us”). We are an authorized provider for the company (“biller”) to which you will be making a payment. If you use this service to make this and any future payment, you accept these terms and conditions. Please read them carefully. You should retain an electronic or printed copy of these terms.
REFUND POLICY: Under normal circumstances, there are no refunds on the payments.
OTHER PAYMENT OPTIONS: You understand that your biller has provided other ways to pay your bill, such as by mail, or in some cases in person, that may be less costly than our service and that the use of our service is voluntary and offered as a convenience to you.
NO COLLECTION ACTIVITIES BY PAYMENTUS: You represent that your payment is not in response to any debt collection activities started by Paymentus and that Paymentus has not acted as a vendor, seller, merchant, or lessor with respect to any goods or services you received from your biller. If you think that we have conducted debt collection activities concerning your account, you agree to discontinue your payment transaction through us immediately.
TEXT AND PRE-RECORDED MESSAGES: By agreeing to these terms, you consent that Paymentus and your biller may call or text you, including but not limited to, at any number you provide to Paymentus or your biller, for any purpose, including to provide information relating to your account with and services provided by your biller. You consent that Paymentus or your biller may place these calls or texts using, among other methods, an automatic telephone dialing system or an artificial or prerecorded voice. Message and data rates may apply. You agree that to withdraw your consent for these messages, you must notify your biller at the number your biller provides for customer service (“Customer Service Number”) for specific instructions depending on your situation. If you withdraw your consent, you may not be able to use certain payment channels or services.
AUTHORIZATION: For ACH payments, by clicking on the designated button to complete a payment, or otherwise authorizing a payment, 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). If a “Service Fee” is listed, you are also authorizing a one-time ACH debit in that amount charged by Paymentus for the use of its technology platform. 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 your payment (up to 24 hours prior) you can do so by calling your biller at the Customer Service Number.
For card payments, by clicking on the designated button to complete a payment, or otherwise authorizing a payment, you 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 whose details you have provided. 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.
In most cases, you will see one line item on your card or bank statement – the Total Amount Charged. That amount will include the Service Fee (if one is charged), in the amount disclosed to you before you make the payment. In some cases, you may see two line items, one will be for the Payment Amount and the other will be for the Service Fee.
SAVING PAYMENT INFORMATION: By selecting the make a payment button, you represent and warrant that you are legally authorized to make payments to your biller using the account/card you designated. If you elect to save your payment information for future use, it will be used at your request to make future payments to your biller for as long as this information is retained. If we make any changes to these terms and conditions that affect the use of the saved information, we will post the new terms on our website or provide them to you by email.
ARBITRATION: THE FOLLOWING PROVISIONS REGARDING ARBITRATION APPLY ONLY TO CLAIMS BETWEEN PAYMENTUS AND UNITED STATES INDIVIDUALS.
ANY DISPUTE BETWEEN US AND AN INDIVIDUAL (FOR THIS PURPOSE, A HUMAN BEING) ARISING FROM OR RELATING TO THE USE OF OUR SERVICES OR A PAYMENT TO A BILLER OR OTHER CUSTOMER OF OURS (“DISPUTE”) WILL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES (“RULES”). NO DISPUTE MAY BE PURSUED ON A CLASS OR OTHER REPRESENTATIVE BASIS AND NEITHER PARTY WILL SEEK TO COORDINATE OR CONSOLIDATE ANY ARBITRATION WITH ANY OTHER PROCEEDING BY ANOTHER. THE ARBITRATOR WILL FOLLOW APPLICABLE SUBSTANTIVE LAW AND HAS NO AUTHORITY TO DEVIATE FROM THAT LAW. UNLESS PROHIBITED BY LAW, THE ARBITRATOR WILL DECIDE WHAT IS SUBJECT TO ARBITRATION. THIS AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ., AND ANY AWARD SHALL BE FINAL AND BINDING, AND MAY BE ENTERED AS JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT NAM IS UNWILLING OR UNAVAILABLE TO ACT AS ARBITRATOR, THE PARTIES OR A COURT WILL SELECT ANOTHER ARBITRATOR IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT. A COPY OF THE RULES ARE AVAILABLE FROM ITS WEBSITE WWW.NAMADR.COM. IF ANY PART OF THIS PARAGRAPH IS DETERMINED TO BE INVALID, THE REMINDER WILL REMAIN IN EFFECT.
LIMITATION OF LIABILITY: You agree that except as otherwise provided by law our liability for any delay, failure of delivery, underpayment, or nonpayment is limited to the fee paid to Paymentus to process your transaction. In no event shall Paymentus be liable for any direct, indirect, incidental, consequential, or punitive damages. You agree further that Paymentus shall not be liable for any damages whatsoever for its failure to process transactions from prohibited third parties.
PROHIBITED USE: PAYMENTUS DOES NOT ACCEPT PAYMENTS FROM THIRD PARTY PAYERS WITHOUT THE EXPRESS, AUTHORIZED WRITTEN CONSENT OF PAYMENTUS. THE PAYMENTUS TECHNOLOGY PLATFORM SHALL ONLY BE USED BY CUSTOMERS OF PAYMENTUS’ BILLERS. THIRD PARTY COMMERCIAL PAYERS AND/OR PAYMENT AGGREGATORS ARE EXPRESSLY PROHIBITED FROM SUBMITTING PAYMENTS THROUGH THE PAYMENTUS TECHNOLOGY PLATFORM OR OTHERWISE USING THE PAYMENTUS TECHNOLOGY PLATFORM WHETHER WEB-BASED, IVR, OR CSR INTERFACES WITHOUT THE PRIOR, EXPRESS, AUTHORIZED WRITTEN CONSENT OF PAYMENTUS. BY USING THE PAYMENTUS TECHNOLOGY PLATFORM, YOU REPRESENT AND WARRANT YOU (“PAYER”) ARE (I) A CUSTOMER OF A PAYMENTUS BILLER; (II) PAYING A BILL ON YOUR OWN BEHALF, OR AS AN EMPLOYEE OR RELATIVE OF A PAYER; AND (III) NOT USING THE PAYMENTUS TECHNOLOGY PLATFORM AND/OR THE ELECTRONIC BILLING AND PAYMENT SERVICES ON BEHALF OF A PAYER UNDER A CLAIM OF AGENCY OR OTHER THIRD-PARTY RELATIONSHIP, OR FOR COMMERCIAL GAIN (WITHOUT THE PRIOR, EXPRESS, AUTHORIZED WRITTEN CONSENT OF PAYMENTUS). YOU AGREE THAT ANY BREACH OF THESE WARRANTIES CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT. PAYMENTUS RESERVES THE RIGHT TO REVERSE ANY AND ALL PAYMENTS MADE FROM UNAPPROVED THIRD-PARTY AGENCIES, AND YOU AGREE TO: (I) INDEMNIFY PAYMENTUS FOR INTERCHANGE FEES, MERCHANT FEES, AS WELL AS ALL OTHER COSTS AND FEES, INCLUDING INTERNAL COSTS TO PAYMENTUS TO RESEARCH AND COMPILE CHARGES BY YOU, INCURRED IN PROCESSING A PAYMENT TRANSACTION IN VIOLATION OF THESE TERMS AND CONDITIONS, AND (II) INDEMNIFY PAYMENTUS FOR ALL OTHER DAMAGES, COSTS, FEES, EXPENSES, AND ATTORNEY FEES RESULTING FROM YOUR BREACH OF THIS AGREEMENT.
COMPLIANCE WITH LAW: Each time you make a payment, you represent and warrant that your use of the Paymentus Technology Platform shall not violate any law, statute or regulation involving money laundering or any other illegal activity. The Paymentus Technology Platform — including, but not limited to, websites, IVR systems and CSR interfaces — belong to Paymentus. All intellectual property contained in those platforms are owned by Paymentus. You further agree that you will utilize the platform solely for payment of a debt and will not utilize or introduce to the Paymentus Technology Platform any automated program, automated payment paradigm, or device such as a robot, spider, or scraper for any reason including, without limitation, for the purpose of paying bills, copying the platform or otherwise obtaining information about the platform.
GOVERNING LAW: Except to the extent limited or required by federal law, the laws of the State of Delaware, without regard to principles of conflicts of law, will govern the interpretation of these terms and conditions and any claim or dispute between you and Paymentus.
CHANGES TO TERMS AND CONDITIONS: We may modify these terms and conditions from time to time for various reasons, including to reflect changes to our services, changes to the law, or other business reasons. We will post changes or revised terms and conditions here, and you should regularly refer to this page. In most cases, changes will not take effect until at least ten (10) days after they have been posted. Exceptions include when new services or functionality are added, or changes made for legal reasons, which will be effective immediately. You should stop using our service if you do not agree to any new or modified terms.
The Following Additional Terms Apply If You Use Our Customer Portal Or Customer Service Call Centers To Schedule Or Make Payments
By providing us with the requested information and submitting it to us, you authorize us, on behalf of your biller, to issue electronic debits (“eChecks”) to your bank, or to charge your debit or credit card (depending on the information you have given us) either for a one-time payment or on the schedule you agree to when setting up a payment schedule. This give us the right to present a check to your bank or to charge your debit or credit card (each a “transfer”) for your bill payment, and for any service fee (if one is charged), as you have instructed us for a one-time payment or as scheduled. It is your responsibility to have funds available in your account when the eCheck is presented to your financial institution or your debit card is charged.
You may use our service to pay your biller from your checking or savings account, or charge it to your credit or debit card, in the amounts and on the days or schedule you request. If applicable, the maximum payment you may make will be disclosed when you authorize or schedule your payment. Each payment will include the Service Fee (if one is charged) in the amount disclosed to you before you submit your one-time payment authorization or payment schedule. Any Service Fee may be shown as a separate payment on your bank or card statement. If any payment date falls on a weekend or holiday, that payment may be executed on the next business day. This authorization will remain in effect until you cancel it through the same method by which you authorize a one-time payment or create the schedule, by calling the Customer Service Number, or in any manner we provide for that purpose. For a scheduled payment, the cancellation request must be received at least 3 business days before the next scheduled payment date. For a future-dated one-time payment, the cancellation request must be received at least 24 hours before the scheduled payment date. However, if after you cancel the authorization you submit a payment request, you will be deemed to have re-instated this authorization. A “business day” is Monday through Friday, except for holidays.
ADDITIONAL TERMS THAT APPLY ONLY TO ECHECKS OR DEBIT CARD TRANSFERS BY UNITED STATES INDIVIDUALS FROM ACCOUNTS USED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES
If you set up scheduled payments, you will receive 10 days’ advance written notice from us or your biller if a transfer varies in amount from the previous transfer. This notice may be your monthly bill or a separate notice and will include the amount and the date of the next transfer, which unless otherwise stated, will be the due date of the bill.
If you order your biller to stop a payment 3 business days or more before the transfer is scheduled, and your biller does not do so, you may recover your damages proximately caused.
If we do not complete a transfer from your account on time or in the correct amount according to our agreement with you, we will be liable for your damages proximately caused. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If the transfer would go over the credit limit on your overdraft line.
(3) If the means you use to access our service was not working properly and you knew about the breakdown when you started the transfer, or it was scheduled to occur.
(4) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(5) There may be other exceptions stated in your agreement with your biller.
Confidentiality is very important to us. We will disclose information about the transfers you make or authorize to your biller. In addition, we will disclose information to third parties:
(i) Where it is necessary for completing transfers, or
(ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
(iii) In order to comply with government agency or court orders, or
(v) If you give us your written permission.
Your biller performs customer care functions related to your accounts with the biller. If you believe your user name and password to the Customer Portal have been lost or stolen, call the Customer Service Number and change your password immediately. If you tell your biller within 4 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your credentials to authorize a transfer without your permission. If you do NOT tell your biller within 4 business days after you learn of the loss or theft, and we can prove we could have stopped someone from authorizing a transfer without your permission if you had told your biller, you could lose as much as $500.
Also, if your bank statement shows transfers that you did not make or authorize, tell your biller at once. If you do not tell your biller within 90 days after the statement was mailed to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told your biller in time. If a good reason (such as a long trip or a hospital stay) kept you from telling your biller, the time periods will be extended.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH OUR SERVICE MUST BE DIRECTED TO YOUR BILLER, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the bill payment service and, working with your biller, for resolving any errors in transactions made with respect to transfers.
Telephone your biller at the Customer Service Number or write your biller at the address your biller provides as soon as you can if you think any information about a bill payment through our service that appears in your bank statement, biller account information, information available through our system or receipt is wrong or if you need more information about a bill payment through our system. Your biller must hear from you no later than 90 days after you receive the FIRST bank statement on which the problem or error appeared.
(1) Tell your biller your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell your biller the dollar amount of the suspected error.
If you tell your biller orally, your biller may require that you send your biller your complaint or question in writing within 10 business days.
Your biller will work with us to determine whether an error occurred within 10 business days after your biller hears from you and will correct any error promptly. If we or your biller need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we or your biller asks you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we or your biller will send you a written explanation. You may ask for copies of the documents that were used in the investigation.
We will not send you a periodic statement listing payments that you make using our service, though you may view your payment history on the Customer Portal, if you opt-in to using this feature.. The transactions will appear on the statement issued by your bank or other financial institution. If you have any questions about one of these transactions, call your biller at the Customer Service Number.
E-Sign Disclosure and Consent Notice
This E-Sign Disclosure and Consent Notice (“Notice”) applies to all communications from us. Any electronic communications you receive from us will be considered “in writing”. By registering a payment method with us or using the Paymentus platform to schedule payments, you consent to this Notice and you affirm that you have access to the hardware and software meeting the requirements below. If you do not consent to any of the terms of this Notice do not register a payment method or schedule payments.
These may include, among other things, all disclosures and communications we provide to you regarding our services, such as: (i) terms and conditions, privacy statements or notices and any changes; (ii) transaction receipts and confirmations; (iii) bills and other communication provided by your biller; and (iv) customer service communications (“Communications”).
METHODS OF PROVIDING COMMUNICATIONS
We may provide Communications to you by email or by making them accessible on the websites, mobile websites, kiosks and other devices you have the ability to access when using our services (including via “hyperlinks” provided online, in e-mail, or by text message). Communications may be provided in PDF or other file formats and will be viewable using readily available browser software.
HARDWARE AND SOFTWARE REQUIREMENTS
To access and retain all the electronic communications that may be provided, you must have:
A valid email address;
A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form; and
Sufficient storage space to save Communications or the ability to print Communications.
HOW TO WITHDRAW YOUR CONSENT
You may withdraw your consent to the terms of this Notice at no cost by writing to us at: Attn: E-Sign, Paymentus Corporation, 11605 N. Community House Road, Suite 300, Charlotte, NC 28277. If you withdraw your consent, you will cancel any scheduled automatic payments.
AVAILABILITY OF PAPER RECORDS
Paper copies of Communications will not be provided by Paymentus. Paper copies of certain documents may be available from your biller. Please contact your biller for more information. You may request a paper copy of any Communications and we will provide you with a paper copy (and may charge a reasonable fee) if a paper copy is available. To request a paper copy write to us at: Attn: E-Sign, Paymentus Corporation, 11605 N. Community House Road, Suite 300, Charlotte, NC 28277. Please include your complete mailing address and specify precisely which Communication you are requesting.
UPDATING YOUR CONTACT INFORMATION
You are responsible for keeping your email address current so that we can provide you Communications electronically. You understand that if we send you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or the Communication is captured by your spam filter or other sorting or screening tools, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. Please use the “My Profile” section of the Customer Portal to keep your email address up to date.
We reserve the right, in our sole discretion, to stop providing Communications electronically, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of termination or change as required by law.
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