PAYER TERMS AND CONDITIONS
BY AGREEING OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS OR USING SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PAYER AND HAVE FULL AUTHORITY TO BIND THE PAYER TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT SIGNIFY YOUR ACCEPTANCE OR AGREE TO THE TERMS AND CONDITION, OR USE THE SERVICE.
Payer Terms and Conditions
1. License Grant & Restrictions.
Payment Service Network, Inc. (“PSN”) hereby grants Payer a non-exclusive, non-transferable, right to use the Service, specifically to pay amounts owed to the Biller and accessed through the Service. All rights not expressly granted to Payer are reserved by PSN and its licensors. User passwords cannot be shared or used by more than one individual Payer. Payer shall not reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics of the Service, or (c) copy any features, functions or graphics of the Service. Payer may not: (i) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (ii) attempt to gain unauthorized access to the Service or its related systems or networks.
2. Privacy & Security; Disclosure.
PSN’s privacy and security policies may be viewed at www.paymentservicenetwork.com. PSN reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not materially adversely impact such policies. PSN will maintain compliance with current required Payment Card Industry (PCI) standards and applicable NACHA Operating Rules.
3. Payer’s Responsibilities.
Payer is responsible for all activity occurring under Payer’s User accounts and shall abide by all applicable local, state, and national laws, treaties and regulations in connection with Payer’s use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Payer shall: (i) notify PSN immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to PSN and immediately stop any copying or distribution of Content that is known or suspected by Payer or Payer’s Users; and (iii) not impersonate another payer or user or provide false identity information to gain access to or use the Service. Payer is responsible for the management and use of the mobile phone number utilized in the Pay by Text and SMS Text messaging service including the removing of old or previously used mobile numbers, and keeping email contact information for Payer current.
4. Account Information and Data.
PSN does not own any data, information or material that Payer submits to the Service in the course of using the Service (“Customer Data”). Payer, not PSN, shall have sole responsibility for the accuracy and intellectual property ownership or right to use all Customer Data, and, to the extent permitted by applicable law, PSN shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any Customer Data by PSN, the Payer or otherwise. Payer hereby grants PSN an irrevocable limited license in and to the Customer Data to allow PSN to perform the Service, to maintain transaction history, and to meet its obligations under applicable law.
5. Intellectual Property Ownership.
PSN alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the PSN Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, integration components and application programming interfaces, recommendations or other information provided by Payer or any other party relating to the Service. In the event any such intellectual property rights in the PSN Technology, the Content or the Service do not fall within the specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed inventions owned by PSN, Payer hereby irrevocably, expressly and automatically assigns all right, title and interest worldwide in and to such intellectual property rights to PSN. These Terms and Conditions are not a sale and does not convey to Payer any rights of ownership in or related to the Service, the PSN Technology or the Intellectual Property Rights owned by PSN. The PSN names, logos, and the product names associated with the Service are trademarks of PSN or third parties, and no right or license is granted to use them.
6. E-mail Notifications.
The Payer hereby consents to receiving e-mail notifications as a reminder that payments are due or to be paid with respect to a Biller’s invoice or charges.
7. Termination.
PSN, in its sole discretion, may terminate Payer’s password, account or use of the Service for any reason, including, without limitation, Payer’s breach or other failure to comply with these Terms and Conditions or if Biller blocks Payer’s ability to pay by any or all of the payment methods offered through the Service.
8. Representations & Warranties; Authorization.
Payer represents and warrants that it has the legal power and authority to enter into the Terms and Conditions. Payer represents and warrants that Payer has not falsely identified itself nor provided any false information to gain access to the Service and that Payer’s billing information is correct, and that Payer will only use the Service for lawful purposes.
Payer hereby authorizes Payment Service Network Inc. to charge authorized payments to the credit card(s) and or depository account(s) provided by Payer, and the applicable service fees/convenience fees specified in connection with such payments at the time the transactions are initiated. Service fees and convenience fees may be changed by PSN upon not less than thirty (30) days advance written notice.
9. Convenience Fees and Service Fees are Non-Refundable. Indemnification.
Any convenience fees or service fees paid by Payer are non-refundable once processed. Payer shall indemnify and hold PSN, its licensors, financial services providers (including, without limitation, financial institutions providing depository accounts or payment processing services) and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Electronic Check (EFT)/ACH reject fees assessed from Payer’s transactions; (ii) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (iii) a claim, which if true, would constitute a violation by Payer of Payer’s representations and warranties or the breach by Payer or Payer’s Users of these Terms and Conditions; or (iv) a claim arising from Payer’s use of the Service.
10. ACH Payments.
The provisions contained in this Section apply if the applicable Biller has elected to allow Payers to make direct payments from a bank account. By choosing to use a bank account as your payment method, you will be able to pay amounts owed to the Biller and service fees owed to PSN by using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay by ACH, you are authorizing PSN (or its agent) to debit your bank account for the amount you authorize (which may include a specific amount or the full amount due). By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize PSN (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, and (d) you authorize PSN (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated when you initiate the applicable payment. If we receive notification from your financial institution that there are errors in the bank account information you provide, we will send you an email notification indicating the corrective information we received from your financial institution.
If you believe that any payment transaction initiated by PSN (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible at CustomerService@PaymentServiceNetwork.com. Notify PSN immediately if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We reserve the right to cancel the ability to pay by bank account for any reason at any time.
Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.
You agree to accept all disclosures and other communications between you PSN on this website or at the primary e-mail address associated with your PSN account. You should print and retain a copy of all such disclosures and communications.
11. Disclaimer of Warranties.
EXCEPT AS PROVIDED IN THIS AGREEMENT, PSN AND ITS LICENSORS AND FINANCIAL INSTITUTIONS PROVIDING DEPOSITORY ACCOUNT OR PAYMENT PROCESSING SERVICES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES. PSN AND ITS LICENSORS AND FINANCIAL INSTITUTIONS PROVIDING ACCOUNT OR PAYMENT PROCESSING SERVICES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BESECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,(B) THE SERVICE WILL MEET PAYER’S REQUIREMENTS OR EXPECTATIONS, (C)ANY STORED DATA WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE SERVICE WILL RUN ERROR-FREE OR DEFECTS FREE OR THAT ANY SUCH ERRORS OR DEFECTS WILL BE CORRECTED. THE SERVICE AND ALL CONTENT IS PROVIDED TO PAYER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PSN AND ITS LICENSORS AND FINANCIAL INSTITUTIONS PROVIDING ACCOUNT OR PAYMENT PROCESSING SERVICES. PSN’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PSN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
12. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLPSN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, PSN WILL NOT BE LIABLE FORANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL PSN BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR PAYER’S PSN ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PSN IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY PSN IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $100.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING. THE FOREGOING LIMITATION OF LIABILITY WILLAPPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Additional Rights.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so some of the exclusions set forth above may not apply to Payer.
14. Notice.
PSN may give notice by means of a general notice on the Service, electronic mail to Payer’s e-mail address on record in PSN’s account information, or by written communication sent by first class mail or pre-paid post to Payer’s address on record in PSN’s account information Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Payer may give notice to PSN (such notice shall be deemed given when received by PSN) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to PSN, or email at the following address: Payment Service Network, Inc., 2901 International Lane, Suite 100, Madison, WI 53704, addressed to the attention of Customer Service, or by email at: CustomerService@PaymentServiceNetwork.com.
15. Modification to Terms.
PSN reserves the right to modify these Terms and Conditions or its policies relating to the Service at any time, effective upon posting of an updated version of the Terms and Conditions on PSN’s payment verification pages. Payer is responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after any such changes shall constitute Payer’s consent to such changes.
16. General.
These Terms and Conditions shall be governed by Wisconsin law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Madison, Wisconsin. These Terms and Conditions may not be assigned by Payer without the prior written approval of PSN. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms and Conditions. If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Payer and PSN as a result of this agreement or use of the Service. The failure of PSN to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PSN in writing. These Terms and Conditions comprises the entire agreement between Payer and PSN and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
17. Time Limitation to Initiate Disputes.
Any action or proceeding by you relating to any Dispute must commence within one (1) year after the event giving rise to the Dispute first occurs; otherwise such action or proceeding shall be forever barred.
18. Definitions.
As used in these Terms and Conditions:
“Biller” means the party who issues an invoice or other billing to the Payer which is paid through the Service.
“Content” means the audio and visual information, documents, software, products and services contained or made available to Payer in the course of using the Service.
“Customer Data” means any data, information or material provided or submitted by Payer to the Service in the course of using the Service.
“Disputes” means any claim, controversy, or dispute between you and PSN, financial institutions providing depository accounts or processing services, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms and Conditions, the Services, or any other aspect of our relationship.
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectualproperty rights, derivatives, integration components and application programming interfaces thereof, and forms of protection of a similar nature anywhere in the world.
“Payer” means the customer, person or organization that is making payment to a Biller through the Service.
“PSN” means Payment Service Network, Inc., a Wisconsin corporation.
“PSN Technology” means all of PSN’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Payer by PSN in providing the Service.
“Service(s)” means PSN’s payment service accessible via www.PaymentServiceNetwork.com or another designated website or IP address, or ancillary online or offline products and services provided to Payer by PSN, to which Payer are being granted access under these Terms and Conditions, including PSN Technology and the Content.
“Terms and Conditions” means these terms and conditions, whether agreed to electronically, in writing or submitted online and any materials available on the PSN website specifically incorporated by reference herein, as such materials, including the terms of these Terms and Conditions, may be modified by PSN from time to time in its sole discretion.
“User(s)” means Payer’s representatives or agents who are authorized to use the Serviceand have been supplied user identifications and passwords by Biller or PSN.
19. Underlying Money Transmission Provided by Our Partner Bank.
PSN's partner bank receives the funds from your bank or credit card company and deposits those funds to the business you made payment to.
Questions or Additional Information: If Payer has questions regarding these Terms and Conditions or wishes to obtain additional information, please send an e-mail to CustomerService@PaymentServiceNetwork.com.