Conditions of the Bill Payment Service
means the Bill Payment Service offered by Billx.com.
means these Terms and Conditions of the bill payment service.
is the person or entity to which you wish a bill payment or e-mail payment to
be directed or is the person or entity from which you receive bills or e-mail
payments, as the case may be.
Instruction" is the information provided by you to the Service for a bill
payment or e-mail payment to be made to the Payee (such as, but not limited to,
Payee name, Payee account number, and Scheduled Payment Date).
Account" is the checking account from which all Service fees will be
Day" is every Monday through Friday, excluding Federal Reserve holidays.
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, unless the Scheduled
Payment Date falls on a non-Business Day in which case it will be considered to
be the previous Business Day.
Date" is the date reflected on your Payee statement for which the payment is
due. It is not the late date or grace period.
Payment" is a payment that has been scheduled through the Service but has not
Transactions begin processing four (4) Business Days
prior to your Scheduled Payment Date. Therefore, the application will not
permit you to select a Scheduled Payment Date less than four (4) Business Days
from the current date. When scheduling payments you must select a Scheduled
Payment Date that is no later than the actual Due Date reflected on your Payee
statement unless the Due Date falls on a non-Business Day. If the actual Due
Date falls on a non-Business Day, you must select a Scheduled Payment Date that
is at least one (1) Business Day before the actual Due Date. Scheduled Payment
Dates should be prior to any late date or grace period.
AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account
information of Payees to whom 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
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 also authorize the Service to credit your Payment Account for
payments returned to the Service by the Post Office or Payee, or payments
remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly.
However, the Service shall incur no liability 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;
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;
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.
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, and, if applicable,
for any late payment related charges.
The following applies to your use of the e-mail
payment functionality of the Service. This functionality allows you to make
payments from your Payment Account to any other account enrolled in this
Service. If you choose to utilize this functionality you also agree to the
Information provided to the Service - You agree to provide true and
accurate enrollment information to the Service, and to maintain and promptly
update your information as applicable. You agree not to impersonate any person
or use a name that you are not authorized to use.
Activation limitations - You must be at least eighteen (18) years of age
to enroll in the Service. You must be a resident of the United States or its
possessions, and use the Service for individual purposes only, not on behalf of
any business, corporation, proprietorship or other entity. You must have a
valid e-mail address and access to the Internet. You must be a legal owner of
the Payment Account registered for the Service. We reserve the right to limit
the number of memberships you have with the Service.
Transaction limitations - The Service will not process any payments less
than $1.00 or greater than $2,000. You will be assigned a transactional limit,
a daily limit and a weekly limit at enrollment based on parameters associated
with your credit history. You agree to accept the limits set by the Service. We
reserve the right to limit the amount you may have debited from or credited to
your Payment Account on any given day and/or week. Additionally, the Service
reserves the right to limit your use of this functionality by imposing limits,
hold times, or other measures should we believe that suspicious activity has
occurred or may occur. You authorize the Service to check your credit history
at enrollment and to obtain follow-up credit reports on you. Information
obtained will be used by the Service to verify information you provide to the
Service and to set limits associated with your use of the Service. The Service
reserves the right to verify any of the information you provide.
The Service shall have the right to terminate your membership, reject or
reverse any transactions you initiate, and/or restrict or condition your right
to send or receive money at any time and for any reason, including, but not
A. Excessive use;
B. Using the Service (directly or indirectly) for any unlawful purpose; an/or
C. Tampering, hacking, modifying or otherwise attempting to corrupt the
security or functionality of the Service.
Sending and receiving payments - When the Service receives a Payment
Instruction, you authorize the Service to debit your Payment Account and remit
funds on your behalf to the Payee's account. E-mail payments begin processing
the Business Day the Payment Instruction is submitted to the Service. Any
e-mail payment submitted on a non-Business Day will begin processing on the
next Business Day. The Service reserves the right to hold funds beyond the
standard distribution periods for any transactions it deems necessary. The
recipient's ability to access these funds is at the sole discretion of the
recipient's financial institution and is not controlled by the Service. You
acknowledge that once money is delivered to the recipient, the transaction is
non-reversible and non-refundable to you. Credits to and debits from your
Payment Account are only processed on Business Days. If we learn that you had
insufficient funds in the Payment Account from which you requested we send
money, we will cancel the payment. If we learn this after the money has been
delivered to the recipient, you will owe us and agree to promptly repay the
amount of the shortfall. We may apply funds awaiting receipt by you against the
amount you owe us. In addition, we may not permit recipients of your
outstanding payment requests to receive the money, and we will not refund
transaction fees in these situations. With respect to any transaction, the
Service reserves the right to seek reimbursement from a recipient if we receive
any type of charge-back related to any Payment Instructions. We may obtain such
reimbursement by deducting the charge-back amount from the recipient's
account(s), reversing any credit(s) to the recipient's Payment Account, or by
seeking such reimbursement from recipient by any other lawful means.
Accuracy and dispute of e-mail payments - We are not responsible for
determining whether the amount of money being sent is correct for any
underlying transaction or is actually owed to the recipient. Any dispute that
may arise between you and the recipient relating to a payment made or received,
or any other aspect of a transaction between you and the recipient, is not the
responsibility of the Service. We make no guarantees regarding purchases paid
for via the Service. You acknowledge that the Service does not ensure the
quality, safety or legality of any merchandise received, nor that a seller will
even ship merchandise.
Non-Delivery of e-mail payments - It is your sole responsibility to
provide the correct e-mail address(s) for an individual(s) to whom we send
money on your behalf. THE SERVICE IS NOT RESPONSIBLE FOR PAYMENTS MADE TO
UNINTENDED RECIPIENTS DUE TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR
SHALL THE SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF
Cancellation of e-mail payment(s) - Once initiated, payments cannot be
cancelled. Once money is delivered to the recipient, the transaction is
non-reversible and non-refundable to you. However, you may cancel an invitation
to send money if it has not yet been received by the recipient.
The Service reserves the right to select the method in which to remit funds on
your behalf to your Payee. These payment methods may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a laser
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by
following the directions within the application. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also not
have a reasonable opportunity to act on any stop payment request after a
payment has been processed. If you desire to stop any 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.
Payments to Payees outside of the United States or its territories are
prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service,
however such payments are discouraged and must be scheduled at your own risk.
In no event shall the Service be liable for any claims or damages resulting
from your scheduling of these types of payments. The Service Guarantee as it
applies to any late payment related changes is void when these types of
payments are scheduled and/or processed by the Service. The Service has no
obligation to research or resolve any claim resulting from an exception
payment. All research and resolution for any misapplied, mis-posted or
misdirected payments will be the sole responsibility of you and not of the
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.
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 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
888-281-5364 during customer service hours.
LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or
other means to access your account has been lost or stolen, your liability is
no more than $50.00 should someone access your account without your permission.
If you do not tell us within two (2) Business Days after you learn of such loss
or theft, and we can prove that we could have prevented the unauthorized use of
your password or other means to access your account if you had told us, you
could be liable for as much as $500.00. If your monthly financial institution
statement contains transfers that you did not authorize, you must tell us at
once. If you do not tell us within sixty (60) days after the statement was sent
to you, you may lose any amount transferred without your authorization after
the sixty (60) days if we can prove that we could have stopped someone from
taking the money had you told us in time. If a good reason (such as a long trip
or a hospital stay) prevented you from telling us, we may extend the period.
In case of errors or questions about your transactions, you should as soon as
possible notify us via one of the following:
Telephone us at 210-249-4099 during customer service
Contact us by using the application's e-messaging
Write us at:
12500 San Pedro, Suite 120
San Antonio, TX 78216
you think your statement is incorrect or you need more information about a
transaction listed on the statement, we must hear from you no later than sixty
(60) days after the FIRST statement was sent to you on which the problem or
error appears. You must:
Tell us your name and Service account number;
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,
Tell us the dollar amount of the suspected error.
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.
OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account or
the transactions you make ONLY in the following situations:
Where it is necessary for completing transactions
that you have requested;
Where it is necessary for activating additional
In order to verify the existence and condition of
your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes
In order to comply with a governmental agency or
court orders; or,
If you give us your written permission.
FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used
during the billing cycle. There may be a charge for additional transactions and
other optional services. You agree to pay such charges and authorize the
Service to deduct the calculated amount from your designated Billing Account
for these amounts and any additional charges that may be incurred by you. 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
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 will not be completed. In some instances, you will receive a return
notice from the Service. In such case, you agree that:
You will reimburse the Service immediately upon
demand the transaction amount that has been returned to the Service;
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;
You will reimburse the Service for any fees imposed
by your financial institution as a result of the return;
You will reimburse the Service for any fees it incurs
in attempting to collect the amount of the return from you; and,
The Service is authorized to report the facts
concerning the return to a credit-reporting agency.
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.
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 numbers and email addresses. 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
TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so
through the product, or you may contact customer service via one of the
Telephone us at 210-249-4099 during customer service
Contact us by using the application's e-messaging
Write us at: Billx.com
12500 San Pedro, Suite 120
San Antonio, TX 78216
payment(s) the Service has already processed before the requested cancellation
date will be completed by the Service. All Scheduled Payments including
recurring 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
The Service reserves the right to refuse to pay any Payee to whom you may
direct a payment. The Service will notify you promptly if it decides to refuse
to pay a Payee designated by you. This notification is not required if you
attempt to make a prohibited payment or an exception payment under this
In using the Service, you understand that Payees and/or the United States Post
Office may return payments to the Service for various reasons such as, but not
limited to, Payee's forwarding address expired; Payee account number not valid;
Payee is unable to locate account; or Payee account paid in full. The Service
will use its best efforts to research and correct the returned payment and
return it to your Payee, or void the payment and credit your Payment Account.
You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot
verify your identity or other necessary information. Through your enrollment in
the Service, you agree that the Service reserves the right to request a review
of your credit rating at its own expense through an authorized bureau. In
addition, you agree that the Service reserves the right to obtain financial
information regarding your account from a Payee or your financial institution
(for example, to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service agree to
resolve the dispute by looking to this Agreement. 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.
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.
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.
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
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.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to its conflicts of laws provisions.