One-Time Payment Authorization Terms & Conditions
Automatic Payment Authorization Terms & Conditions
Welcome to the secure bill payment technology service provided by Paymentus Corporation on behalf of Foremost Insurance Group.
Definitions: "We," "us," "our" and "ours" mean the insurer(s) authorized to process one-time Bank payment withdrawal(s) or Payment Card charge(s) for insurance payment(s) and any third party service providers, as applicable. “You," “your" and “yours" mean the person or persons authorizing the one-time Bank payment withdrawal(s) or Payment Card charge(s) for insurance payments. “One-time Bank payment" means a single electronic withdrawal being deducted from your designated Bank Account on the date selected by you. “Payment Card" means any credit or debit card, including reloadable pre-paid cards. “Business day" means Monday through Friday, excluding our company holidays.
Service Provider: You authorize us to use a third party, Paymentus Corporation, to process the authorized one-time Bank payment withdrawal(s) or Payment Card charge(s).
Financial Institution Authorization: You authorize the financial institution(s) holding your Bank Account(s) or Payment Card(s) to honor the withdrawal(s)/charge(s).
Application of Payments:
a) Funds available in the designated Bank Account(s) on the date(s) you request the one-time Bank payment(s), whether or not the date(s) falls on a business day. [Note: It may take 3-5 business days for your Bank Account(s) to reflect the payment(s).]; or
b) Funds available in the designated Payment Card account(s) on the date(s) you request the charge(s), whether or not the date(s) falls on a business day.
Payments Not Honored: One-time Bank payments that are not honored for reasons such as insufficient funds may be resubmitted at our discretion. If we are unable to electronically withdraw the funds from your Bank Account(s) or charge the payment(s) to your Payment Card(s), any corresponding payment(s) posted in good faith will be reversed from the policy(ies) and cancellation notice(s) may be issued for the policy(ies) attached to the designated policy(ies).
Excessive Returned Payments or Stopped Drafts/Charges: If we receive multiple returned payments, your account(s) and or policy(ies) may become ineligible for One-Time Bank Payments, at our discretion.
Returned Payment Charges: We may assess Returned Payment Charges if one-time Bank payments are returned for reasons such as insufficient funds, closed Bank Account or revoked authorization.
Third-Party Use of Services: This one-time payment option shall only be used by actual and bona-fide customers of ours. You shall not use this one-time payment option, or any information contained herein, for any commercial use. Third-party commercial payment aggregators (third-party payment servicers or processors, or any other entities submitting payments on behalf of our customers) may not submit payments using this one-time payment option. You hereby agree to be liable to us for all interchange fees and merchant fees, and all other costs and fees associated with processing all payments submitted by you in violation of this section. You further agree to be liable to us for all other damages, costs, fees, expenses, and reasonable attorney fees incurred by us arising out of, or related to, your breach of this section and our enforcement thereof.
Exclusions of Warranties and Limitation of Liabilities: THE ONE-TIME BANK PAYMENT AND ONE-TIME PAYMENT CARD PROCESSING SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition, we do not warrant, guarantee or make any representations regarding the security of Bank or Payment Card accounts, or that the web site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor does it warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED APPLICATIONS, LOST PROFITS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF THE WEB SITE, OR THE INABILITY TO USE THE WEB SITE BY ANY PARTY; OR (2) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF WE OR OUR AFFILIATES, OR THE EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
System Requirements/Equipment: We use encryption to make your information unreadable as it passes over the Internet. Therefore, we strongly recommend that you use the latest version of your browser software for maximum security.
Foremost Privacy Policy: To view our privacy policy, go to Privacy Center.
Storage of Information: Information stored on this site is subject to physical, electronic and procedural safeguards that comply with applicable regulatory standards to guard your nonpublic personal information. We authorize our employees and agents to get information about you only when they need it to do their work for us. We require companies working for us to protect information. They agree to use it only to provide services we ask them to perform for us.
Stopping a One-Time Bank Payment: If you need to stop a one-time Bank payment withdrawal after you have submitted your request, you may do so by contacting us the same business day prior to 6:30 p.m Central Time. To do so, call us at 1-800-532-4221. After 6:30 p.m Central Time, transactions for the day will begin processing and no changes can be made.
Amendments to Terms and Conditions: We reserve the right to change these Terms and Conditions at any time.
Non-waiver: Any failure by us to act upon any breach of these Terms and Conditions shall not be deemed to constitute a waiver of any subsequent breach of that or any other term or condition, or of any right to thereafter enforce these Terms and Conditions.
Contact Us: You may write to us at: Foremost Specialty Lines, Attention: PayOnline, P.O. Box 3218, Grand Rapids, MI 49501. Or, you may visit your insurance representative, or, you may call us at 1-800-532-4221 during normal business hours of Monday - Friday 8:00 am to 7:00 pm Central Time.
Paymentus Corporation (“Paymentus", "we" or "us") is an authorized provider for Farmers Insurance Group® ("biller") to which you will be making a payment. “Technology Platform" means the Paymentus provided portions of any websites, mobile applications, IVR systems, CSR or other interfaces used to make a one-time payment. If you use this service or the Technology Platform 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.
Paymentus Privacy Policy: Your information is secure and will be used for the purpose of processing payment transactions and as provided in our Privacy Policy.
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.
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 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.
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.
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 by writing to NAM at 990 Stewart Ave., 1st Fl., Garden City, NY, 11530 or 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 dollar amount of your payment. 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.
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. 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 Paymentus’s terms and conditions and any claim or dispute exclusively 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.
Additional Terms That Apply Only to electronic debits or Debit Card Transfers by United States Individuals From Accounts Used Primarily for Personal, Family or Household Purposes
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
(iv) As provided in our Privacy Policy or the privacy policy of your biller; 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 SHOULD 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. 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.
Revision Date: May, 2020
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Welcome to the secure bill payment technology service provided by Paymentus Corporation on behalf of Foremost Insurance Group.
Definitions: "We,” “us,” “our” and "ours" mean the insurer(s) authorized to process Automatic Bank Payment withdrawal(s) or Payment Card charge(s) for insurance payment(s) and any third party service providers, as applicable. “You,” “your” and “yours” mean the person or persons authorizing the Automatic Bank Payment withdrawal(s) or Payment Card charge(s) for insurance payments Automatic Payments" means either withdrawals automatically deducted from your designated bank account or charges automatically applied to your designated Payment Card on the scheduled due dates for the amounts due. "Automatic Bank Payment" means electronic funds transfer (EFT) withdrawals automatically being deducted from your designated Bank Account on the scheduled withdrawal dates for the amounts due. “Payment Card” means any credit or debit card, including reloadable pre-paid cards. “Business day” means Monday through Friday, excluding our company holidays.
Service Provider: You authorize us to use a third party, Paymentus Corporation, to process the authorized Automatic Bank Payment withdrawal(s) or Payment Card charge(s).
Financial Institution Authorization: You authorize the financial institution(s) holding your Bank Account(s) or Payment Card(s) to honor the withdrawal(s)/charge(s).
Application of Payments: 1. Funds withdrawn or charged will be applied only to the designated policy(ies) or its replacement. 2. You agree to have the:
a) Funds available in the designated Bank Account(s) on the payment due date(s) whether or not the date(s) falls on a business day. [Note: It may take 3-5 business days for your Bank Account(s) to reflect the payment(s).]; or
b) Funds available in the designated Payment Card account(s) on the payment due date(s), whether or not the date(s) falls on a business day.
Payments Not Honored: Automatic Bank Payments that are not honored for reasons such as insufficient funds may be resubmitted at our discretion. If we are unable to electronically withdraw the funds from your Bank Account(s) or charge the payment(s) to your Payment Card(s), any corresponding payment(s) posted in good faith will be reversed from the policy(ies) and cancellation notice(s) may be issued for the policy(ies) attached to the designated policy(ies)
Removal from Automatic Payments: If a payment is not honored, we may remove your policy from the Automatic Payment method.
Excessive Returned Payments or Stopped Drafts/Charges: If we receive multiple returned payments or stopped draft/charges, your account may become ineligible for Automatic Payments
Policy Cancellation: If we receive a request to cancel the policy, please check the status of the outstanding billing statement at that time. We will discontinue future Automatic Payments once we process the request to cancel the policy; however, it is possible that an Automatic Bank Payment withdrawal or Payment Card charge may be processed about the same time as the policy cancellation.
Third-Party Use of Services: This Automatic payment option shall only be used by actual and bona-fide customers of ours. Third-Party use of these services is not permitted. You shall not use this Automatic payment option, or any information contained herein, for any unauthorized purpose or commercial use. Third-party commercial payment aggregators (third-party payment servicers or processors, or any other entities submitting payments on behalf of our customers) may not submit payments using this Automatic payment option. You hereby agree to be liable to us for all interchange fees and merchant fees, and all other costs and fees associated with processing all payments submitted by you in violation of this section. You further agree to be liable to us for all other damages, costs, fees, expenses, and reasonable attorney fees incurred by us arising out of, or related to, your breach of this section and our enforcement thereof.
Exclusions of Warranties and Limitation of Liabilities: THE AUTOMATIC BANK PAYMENT AND AUTOMATIC PAYMENT CARD PROCESSING SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition, we do not warrant, guarantee or make any representations regarding the security of Bank or Payment Card accounts, or that the web site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor does it warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED APPLICATIONS, LOST PROFITS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF THE WEB SITE, OR THE INABILITY TO USE THE WEB SITE BY ANY PARTY; OR (2) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF WE OR OUR AFFILIATES, OR THE EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
System Requirements/Equipment: We use encryption to make your information unreadable as it passes over the Internet. Therefore, we strongly recommend that you use the latest version of your browser software for maximum security.
Farmers Privacy Policy: To view our privacy policy, go to https://www.farmers.com/privacy-center/.
Storage of Information: Information stored on this site is subject to physical, electronic and procedural safeguards that comply with applicable regulatory standards to guard your nonpublic personal information. We authorize our employees and agents to get information about you only when they need it to do their work for us. We require companies working for us to protect information. They agree to use it only to provide services we ask them to perform for us.
Discontinuing Automatic Payment Withdrawals or Payment Card Charges
The authorization for Automatic Payments remains in effect until we have received written notice from you of its termination, in such time and manner as to afford us a reasonable opportunity to act upon it. To discontinue Automatic Payments, update your policy on this site or contact your Insurance Representative.
NOTE: Please allow up to one week for processing your request. Withdrawals scheduled within one week after your request may still take place. If you are signed up to have your payments automatically withdrawn electronically and decide to request a cancellation of your policy, please check the status of your outstanding bills at that time. Although we will discontinue future automatic withdrawals or charges once we process your request to cancel your policy, it’s possible that an automatic withdrawal or charge may have begun to process around the same time as the policy cancellation.
Maintaining Accurate Information
It is your sole responsibility to ensure that your contact and account information is current and accurate, as well as your bank or Payment Card account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate account, bank account, Payment Card account or contact information. Account and contact information can include, but is not limited to, items such as your policy number, name, phone number, address, email address, and account or Payment Card account information. To change this information, either update your account and/or your bank account or Payment Card account on this site or contact us at 1-800-532-4221 during normal business hours.
If you need to change information specific to your policy, such as your mailing address, property location or coverages, please contact your Insurance Representative.
Amendments to Terms and Conditions: We reserve the right to change these Terms and Conditions at any time.
Non-waiver: Any failure by us to act upon any breach of these Terms and Conditions shall not be deemed to constitute a waiver of any subsequent breach of that or any other term or condition, or of any right to thereafter enforce these Terms and Conditions.
Contact Us: You may write to us at: Foremost Specialty Lines, Attn: PayOnline, P.O. Box 3218, Grand Rapids, MI 49501. Or you may visit your insurance representative, or, you may call us at 1-800-532-4221 during normal business hours of Monday - Friday 9:00 am to 8:00 pm Eastern Time.
Paymentus Corporation (“Paymentus”, "we" or "us") is an authorized provider for Farmers Insurance Group® ("biller") to which you will be making a payment. “Technology Platform” means the Paymentus provided portions of any websites, mobile applications, IVR systems, CSR or other interfaces used to make a One-Time payment. If you use this service or the Technology Platform 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.
Paymentus Privacy Policy: Your information is secure and will be used for the purpose of processing payment transactions and as provided in our Privacy Policy.
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.
Authorization: For ACH payments, by clicking on the designated button to complete a payment, or otherwise authorizing a payment, you authorize Paymentus to initiate ACH debits 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 the due date.
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.
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 by writing to NAM at 990 Stewart Ave., 1st Fl., Garden City, NY, 11530 or 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 dollar amount of your payment. 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.
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. 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 Paymentus’s terms and conditions and any claim or dispute exclusively 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.
Additional Terms That Apply Only to electronic debits or Debit Card Transfers by United States Individuals From Accounts Used Primarily for Personal, Family or Household Purposes
If you set up automatic 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
(iv) As provided in our Privacy Policy or the privacy policy of your biller; 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 SHOULD 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. 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.
Revision Date: September 2022
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