TERMS AND CONDITIONS OF THE BILL DELIVERY
AND PAYMENT SERVICE
SERVICE DEFINITIONS
"Agreement" means these Terms and Conditions of the Bill Delivery
and Payment Service. "Bill Payment" is a payment that is initiated
by you through the Service to a Payee. "Business Day" is every
Monday through Friday, excluding Federal Reserve holidays. "Due
Date" is the date reflected on your Payee statement for which the Bill
Payment is due; it is not the late date or grace period. "Payee" is
the entity to which you wish a payment to be directed through the Service.
"Payment Account" is the checking/savings account or credit/debit
card account from which payments will be debited." Payment
Instruction" is the information provided by you to the Service for a
payment to be made to the Payee (such as, but not limited to, Payee name,
Payee account number, and Scheduled Payment Date)."Scheduled
Payment" is a Bill Payment that has been scheduled through the Service
but has not begun processing. "Scheduled Payment Date" is the day
you want your Payee to receive your Bill Payment and is also the day your
Payment Account will be debited. "Service" means the Bill Delivery
and Payment Service offered by or through XpressBillPay.com and its
subsidiaries. "We," "us," and "our" refer to
the Service. "You" and "your" refer to the individual
that is accepting the payment service from the Service. An "Authorized
User" is any individual which you allow to use the Service or your
password or other means to access your account.
BILL PAYMENT SCHEDULING (Auto Pay)
Bill Payments begin processing one (1) day prior to your Scheduled Payment
Date. Therefore, the application will not permit you to select a Scheduled
Payment Date less than one (1) day from the current date. When scheduling
Bill Payments, you must select a Scheduled Payment Date that is no later than
the actual Due Date reflected on your Payee statement. Scheduled Payment
Dates should be prior to any late date or grace period. The Service assumes
no liability or responsibility for any late payment for any reason, whether
caused by you, or by the system.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with account information of the Payee to which you
wish to direct payments, you authorize the Service to follow the Payment
Instructions that it receives through the payment system. In order to process
payments more efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Payee directives. For Bill
Payments only, if you choose to 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. When the
Service receives a Payment Instruction, you authorize the Service to debit
your Payment Account and remit funds on your behalf so that the funds arrive
as close as reasonably possible to the Scheduled Payment Date designated by
you. You certify that any Payment Account you add to your profile 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. You also authorize the Service to credit your Payment
Account for payments returned to the Service. The Service will use its best
efforts to make all your payments properly. However, the Service shall incur
no liability and any Service Guarantee shall be void 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:
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;
If, through no fault of the Service, your
Payment Account does not include valid information to complete the
transaction, such as invalid account numbers, invalid expiration date, etc.
The 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.
If, through no fault of the Service, a
Payee that makes available to you split-payment functionality (in which your
payment may be split and allocated in various ways that such Payee may offer)
does not split and/or allocate the payment in accordance with your Payment
Instruction;
You have not provided the Service with
the correct Payment Account information, or the correct name, address, phone
number, or account information for the Payee; and/or,
Circumstances beyond control of the
Service (such as, but not limited to, fire, flood, or interference from an
outside force) 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 removed from your Payment
Account or causes funds from your Payment Account to be directed to a payee
which does not comply with your Payment Instructions, the Service shall be
responsible for returning the improperly transferred funds to your Payment
Account, and for directing to the proper Payee any previously misdirected
transactions.
PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds
on your behalf to your Payee.
PAYMENT CANCELLATION REQUESTS
For Bill Payments only, if a Scheduled Payment is one you scheduled using a Payment
Account that is a checking account, you may cancel or edit such Scheduled
Payment by following the directions within the application. There is no
charge for canceling or editing a Scheduled Payment. Once the Service has
begun processing any Bill Payment, it cannot be cancelled or edited.
STOP PAYMENT REQUESTS
The Service cannot assist with a stop payment request for any Bill Payment
scheduled using a Payment Account that is a credit card account; in such
case, you must contact your credit card company directly. The following
applies only to Bill Payments scheduled using a Payment Account that is a
checking account: The Service's ability to process a stop payment request
will depend on the Bill Payment method and whether or not a Bill Payment has
cleared. The Service may also not have a reasonable opportunity to act on any
stop payment request after a Bill Payment has been processed. If you desire
to stop any Bill Payment that has already been processed, you must contact
customer service. Although the Service will make every effort to accommodate
your request, the Service will have no liability for failing to do so. The
Service may also require you to present your request in writing within
fourteen (14) days. The charge for each stop payment request will be the
current charge for such service as set out in the applicable fee schedule.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your
sole responsibility to contact your Payee directly if you do not receive your
Payee statement.
Information provided to the Payee - The Service is unable to
update or change your personal information, such as, but not limited to,
name, address, phone number(s) and e-mail address(es), that you have established
with the Payee. Any changes to such information will need to be made by
contacting the Payee directly. Additionally, it is your responsibility to
maintain all user names and passwords. You also agree not to use someone
else's information to gain unauthorized access to another person's bill. The
Service may, at the request of the Payee, provide to the Payee your e-mail
address, service address, or other data specifically requested by the Payee
at the time of activating the electronic bill for that Payee, for purposes of
the Payee informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature, the
Service may notify the Payee of your request to receive electronic billing
information. Additionally, the ability to receive a paper copy of your
statement(s) is at the sole discretion of the Payee. While your electronic
bill feature is active, it is your responsibility to keep your accounts
current. The Payee reserves the right to accept or deny your request to
receive electronic bills or to make payment of those bills using the Service.
In some instances, if you make a payment to a Payee through the Service, the
Payee may elect to send your statement(s) to you electronically.
Authorization to obtain bill data - Your activation of the
electronic bill feature for a Payee shall be deemed by us to be your
authorization for us to display bill data from the Payee on your behalf. For
some Payees, you will be asked to provide us with your name and account
number for that Payee. By providing us with such information, you authorize
us to use the information to obtain and display your bill data.
Notification - The Service and the Payee will use its best
efforts to present all of your electronic bills promptly. In addition to
notification within the Service, the Service may send an e-mail notification
to the e-mail address listed for your account. It is your sole responsibility
to ensure that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically log on to the Service
and check on the delivery of new electronic bills. You are responsible for
ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic
Payee reserves the right to cancel the presentment of electronic bills at any
time. You may cancel electronic bill presentment at any time. The Service
will notify your electronic Payee as to the change in status of your account,
and it is your sole responsibility to make arrangements for an alternative
form of bill delivery.
Non-Delivery of electronic bill(s) - You agree to hold the
Service harmless should the Payee fail to deliver your statement(s). You are
responsible for ensuring timely payment of all bills.
Accuracy and dispute of electronic bill - The Service is not
responsible for the accuracy of your electronic bill(s). The Service is only
responsible for presenting the information we receive from the Payee. Any
discrepancies or disputes regarding the accuracy of your electronic bill
summary or detail must be addressed with the Payee directly. This Agreement
does not alter your liability or obligations that currently exist between you
and your Payee.
PROFILE INFORMATION
Information included in your Service profile, as identified in the
application, including, but not limited to, your user name, password, and
Payment Account data, is used as part of the Service with participating billers.
Your Payment Account information will also be available to make payments to
such participating billers.
EXCLUSIONS OF WARRANTIES
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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to
access your account 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
your account, you are responsible for any transactions they authorize. If you
believe that your password or other means to access your account has been
lost or stolen or that someone may attempt to use the Service without your
consent or has transferred money without your permission, you must notify the
Service at once by calling 1-800-766-2350 during customer service hours.
ERRORS AND QUESTIONS
In case of errors or questions about your Service transactions, you should as
soon as possible notify us via one of the following:
Telephone us at 1-800-766-2350 during customer service hours;
Email us at support at xpressbillpay.com;
Write us at: Xpress Solutions Inc. 387 S. 520 W. Suite 110
Lindon, UT 84042
If you think your financial institution statement is incorrect
or you need more information about a Service transaction listed on the
statement, we must hear from you no later than ninety (90) days after the
FIRST statement was sent to you on which the problem or error appears. You
must:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly
as possible why you believe it is an error or why you need more information;
and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your
complaint in writing within ten (10) Business Days after your verbal
notification. We will tell you the results of our investigation within ten
(10) Business Days after we hear from you, and will correct any error
promptly. However, if we require more time to confirm the nature of your
complaint or question, we reserve the right to take up to forty-five (45)
days to complete our investigation. If we decide to do this, we will
provisionally credit your Payment Account within ten (10) Business Days for
the amount you think is in error. If we ask you to submit your complaint or
question in writing and we do not receive it within ten (10) Business Days,
we may not provisionally credit your Payment Account. If it is determined
there was no error we will mail you a written explanation within three (3) Business
Days after completion of our investigation. You may ask for copies of
documents used in our investigation. The Service may revoke any provisional
credit provided to you if we find an error did not occur.
PRIVACY POLICY
The Service's policy with respect to use of your information will be in
accordance with the XpressBillPay privacy statement that may be viewed at
www.xpressbillpay.com
SERVICE FEES AND ADDITIONAL CHARGES
Any financial fees associated with your standard deposit accounts will
continue to apply. 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. When applicable, you agree to pay any other
applicable charges and authorize the Service to deduct such charges from your
designated Billing Account.
FAILED OR RETURNED TRANSACTIONS
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, there are
insufficient funds in your Payment Account to cover the transaction), the
transaction may not be completed. In some instances, you will receive a
return notice from the Service. In each such case, you agree that:
1. You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of
the initial notification, a late charge equal to 1.5% monthly interest or the
legal maximum, whichever rate is lower, for any unpaid amounts may be
imposed;
3. You may be assessed a fee by your financial institution as a result of the
return and/or you may be assessed a fee by the Service as a result of the
return;
4. You will reimburse the Service for any fees it incurs in attempting to
collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any
credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended
by the Service from time to time. In such event, the Service shall provide
notice to you. Any use of the Service after the Service provides you a notice
of change will constitute your agreement to such change(s). 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 to ensure that the contact information in your
user profile is current and accurate. This includes, but is not limited to,
name, address, phone number(s) and e-mail address(es). Changes can be made
either within the application or by contacting customer service. Any changes
in your Payment Account should also be made in accordance with the procedures
outlined within the application's Help files. All changes made are effective
immediately for scheduled and future payments paid from the updated Payment
Account information. The Service is not responsible for any payment
processing errors or fees incurred if you do not provide accurate Payment
Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service you may do so via one of the
following:
By using the applications cancellation
feature
Email us at support at xpressbillpay.com
Write us at: Xpress Solutions Inc. 387 S. 520 W. Suite 110
Lindon, UT 84042
Telephone us at 1-800-768-7295 or 1-385-218-0343 during
customer service hours;
Any payment(s) the Service has already processed before the
requested cancellation date will be completed by the Service. All Scheduled
Payments will not be processed once the Service is cancelled. The Service may
terminate or suspend Service to you at any time. Neither termination nor
suspension shall affect your liability or obligations under this Agreement.
RETURNED PAYMENTS
In using the Service, you understand that the Service may return payments for
various reasons, such as, but not limited to, the Service account number is
not valid; the Service is unable to locate account; or Payee account is paid
in full. The Service will use its best efforts to research and correct the
returned payment. You may receive notification from the Service.
INFORMATION AUTHORIZATION
You agree that the information you provide to the Service can go through a
verification process. You agree that the Service reserves the right to obtain
financial information regarding your Payment Account from your financial
institution (for example, to resolve payment posting problems or for
verification). In addition, you agree that the Service reserves the right to
request a review of your credit rating at its own expense through an
authorized bureau.
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to
resolve the dispute by looking to this Agreement. If you dispute a Bill
Payment made from a Payment Account that is a credit card account, you
acknowledge that such dispute (including, but not limited to, chargeback or
fraud) must be taken up with your credit card company; 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 the Service which supersedes any
proposal or prior agreement, oral or written, and any other communications
between you and the Service relating to the subject matter of this Agreement.
If there is a conflict between what an employee of the Service or customer
service department says and the terms of this Agreement, the terms of this
Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign
this Agreement to any future, directly or indirectly, affiliated company. The
Service may also assign or delegate certain of its rights and
responsibilities under this Agreement to independent contractors or other
third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the Service. No
delay or omission on the part of the Service 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.
CAPTIONS
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.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws
of the State of Utah, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING
IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT,
SOFTWARE, AND/OR THE SERVICE.I HAVE READ AND UNDERSTAND THE FOREGOING
AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
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