BillPay Connect General Terms of Service


The following Terms of Service constitute the contractual agreement (the "Agreement") between CLIENT and BILLPAY CONNECT ("BPC"). CLIENT represents and warrants that he/she is of legal age and have the right to enter into this Agreement on his/her own behalf. By clicking "I Accept" below, CLIENT agrees to be bound by the terms of this Agreement.

This Agreement may be amended by BILLPAY CONNECT at any time by posting a revised version on BILLPAY CONNECT website. The revised version will be effective at the time of posting. If the revision is substantial, CLIENT will be provided a 30 days prior notice by posting on the "Policy Updates" page of the website http://www.billpayconnect.com/TermsOfService.aspx. All future updates or changes set out in the Policy Update already published at the time of CLIENT's registration are incorporated by reference into this Agreement.
CLIENT is solely responsible for understanding and complying with all applicable laws, rules and regulations of the specific jurisdiction where the transaction will be effected through the use of BILLPAY CONNECT services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.


SERVICES PROVIDED


BPC is prepared to provide BILL PAYMENT SOLUTIONS both in the United States and designated places abroad.

BPC is limited to Individual to Business ("I2B") transactions. CLIENT must be the beneficial owner of the BPC account, and must conduct business only on his/her behalf.

BPC enables CLIENT to pay his/her bills utilizing his/her debit card, credit card, ARKCODE and/or electronic checks drawn out of their bank checking account as fund sources ("payment account"),

CLIENT shall designate the complete name of the Biller, the Biller account number, the Biller's telephone number and the Biller's remittance address, all exactly as shown on the billing statement or invoice issued by the Biller to CLIIENT.

BPC does not provide remittance or money transfer service to third parties. The following payments are not allowed and will not be processed: (A) payments to be remitted to tax authorities, government agencies or collection agencies; (B) payments to security companies for stock purchases or trade taxing authorities; (C) court directed payments such as alimony, child support or other legal debts; (D) payments in excess of $ 2,000.00 per Business day; and (E) payment to a Biller designated by the US Office of Foreign Asset Control, or any equivalent governmental or international organization or agency as being a prohibited payee.

BPC reserves the right to refuse to pay, for whatever reason or cause, any Biller designated by CLIENT. BPC will notify CLIENT promptly of such refusal. CLIENT hereby agrees and authorizes BPC to utilize the most effective means to process CLIENT's transaction, including, without limitation, electronic, paper, or other draft means.


OPENING YOUR BPC ACCOUNT


By opening a BPC account, CLIENT agrees to comply with all the terms and conditions of this Agreement.

All information submitted through the client application form shall be considered factual and legitimate.

CLIENT is responsible for uploading their respective financial information in BPC gateway.

CLIENT agrees to any revision and future additional legal policies related to this agreement.

To begin using BPC's service CLIENT will first need to establish at least one BILLER in his/her Biller List. CLIENT may add, modify or delete Billers as necessary.

CLIENT shall be responsible in managing his/her Biller List and maintain accurate Biller information, such as but not limited to the address to which the Biller specifies payments are to be delivered, CLIENT's account number with the Biller, the name on CLIENT's account with the Biller

BPC reserves the right to refuse or remove a Biller for any reason.

Password Security. CLIENT is responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that CLIENT use to access BPC services.


CLOSING YOUR BPC ACCOUNT


CLIENT may close his/her BPC account at anytime, provided that all his/her transactions are cleared and free from any pending cases.

CLIENT remains liable for any pending obligations and unresolved issues related to his/her transaction even after closing their account with BPC.

CLIENT will continue to receive any information related to their transaction (i.e.; receipts, etc) even after their account has been closed.

All pending transactions cannot be cancelled by the closing of an account.

BPC accounts that are under investigation or have pending disputes are not eligible for account closure. In such cases, BPC has the final say as to when an account may be finally terminated.


SCHEDULING OF BILL PAYMENTS


CLIENT may close his/her BPC account at anytime, provided that all his/her transactions are cleared and free from any pending cases.

CLIENT remains liable for any pending obligations and unresolved issues related to his/her transaction even after closing their account with BPC.

CLIENT will continue to receive any information related to their transaction (i.e. receipts, etc) even after their account has been closed.

All pending transactions cannot be cancelled by the closing of an account.

BPC accounts that are under investigation or have pending disputes are not eligible for account closure. In such cases, BPC has the final say as to when an account may be finally terminated.


CLIENT RESPONSIBILITY


BPC shall use commercially reasonable efforts to process the Scheduled Payments per CLIENT instructions. BPC shall not be liable for any payment transaction if:

(A) CLIENT does not have enough money in his/her payment account to complete the transaction;
(B) A legal order prohibits withdrawals from CLIENT's bank account;
(C) CLIENT's payment account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount;
(D) The transaction would cause CLIENT's payment account balance to go over the credit limit for any credit arrangement set up to cover overdrafts;
(E) CLIENT, or anyone CLIENT allowed, commits fraud or violates any law or regulation in connection with BPC's services;
(F) Any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly;
(G) CLIENT did not provide complete and correct payment account or Biller information;
(H) CLIENT did not properly follow the instructions or terms and conditions for use of the BPC's services;
(I) CLIENT knew and/or had been advised that BPC's service was not operating properly at the time CLIENT scheduled the payment;
(J) There is a postal delay; or
(K) There are circumstances beyond BPC's and allied service providers' control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.


CURRENCY CONVERSION


BPC may require currency conversion when paying a CLIENT's bill/s outside of the US. It is standard operational procedure for BPC to utilize the exchange rate schedule set by their partner banks at all times.


REFUNDS


As a general rule of thumb, refunds to clients are not allowed by BPC since funds are paid directly to their payee of choice. Since BPC is a platform that a client uses to pay their bill with the sole and expressed intention to settle a payable account, refunds can only be issued to the fund recipient, not the client.

In extremely rare, special cases where BPC determines and agrees to refund CLIENT, all refunds can be done electronically or through the traditional paper check method, depending on CLIENT's choice.

Electronic means that the funds will be returned to the CLIENT's account in the same manner they were drawn out. The paper check method means that a physical check will be cut in favor of the CLIENT and consequently mailed to their verified current address.


FEES AND OTHER CHARGES


BPC shall charge to CLIENT, and CLIENT agrees to pay BPC, the minimum amount of $3.99 per transaction as its reasonable fee for the BPC bill pay service.

CLIENT shall pay the fees and other charges listed on BPC's website applicable to the Service, if any, including, but not limited to:

(A) Per payment fees;
(B) Exceptions processing; and
(C) Setup and other special services.

BPC reserves the right to change the amount of any fees from time to time, at its sole discretion. The revised fees will be posted on BPC's website or CLIENT will be notified by email in advance of the effective date of such changes. By continuing to use the BPC's service after the fee increase, CLIENT accepts all changes in service fees. Service fees are not refundable.


RECURRING BILL PAY


CLIENTs may set up recurring bill payments which are also known and referred to as "pre-approved payments". This advance authorization automatically pays the CLIENT's bill/s according to the date that the CLIENT pre-determined and scheduled. The BPC advance payment system will keep your payments current without the hassle of having to set up a bill payment order every time a bill becomes due and payable. BPC is not responsible for any wrong information or error provided by the CLIENT pertaining to changes in due dates in the future. CLIENT is solely responsible for revisions in due dates of every bill payment.

In setting up pre-approved payments, CLIENT authorizes BPC to automatically charge/debit CLIENT's payment account, including credit card and bank accounts, for every payment made to a Biller.


PAYMENT REVIEW


All payments are subject to review by BPC to comply with anti-money laundering laws in the applicable jurisdiction, as well as risk assessment. A payment may be placed on hold as may be reasonably necessary to conduct an investigation of CLIENT and/or his/her Biller. BPC may reverse or hold any payment when instructed by a government agency. Any payment processed may be reversed.


LIMITED WARRANTY


BPC will use commercially reasonable efforts to make all payments in accordance with CLIENT's payment instructions. If BPC causes an incorrect amount of funds to be directed to a Biller that does not comply with the payment instructions, or if BPC fails to issue a payment, BPC shall use commercially reasonable efforts to return the improperly transferred funds to CLIENT or direct any previously misdirected payments to the proper Biller, provided that the payment was scheduled correctly and in accordance with BPC rules.

Error resulting from any of the following circumstances shall be for CLIENT's exclusive account:

(i) insufficient funds in CLIENT's payment account used in the payment of the bill;
(ii) error in the ACH Network or payment processing center;
(iii) error (inaccurate, incomplete or out of date) in CLIENT's payment information or instructions; or
(iv) as a result of payment review as set forth in Section 10.

CLIENT must notify BPC no later than five (5) calendar days from the time CLIENT learns of the error after the earlier of when the payment is due or made. CLIENT shall fully cooperate with BPC by, among others contacting the Biller, contacting CLIENT's bank or contacting the credit card company, providing information on funds available, and/or executing all documents and taking all other actions reasonably requested by BPC or the concerned third party to correct or mitigate the Error.

THE FOREGOING SETS FORTH THE SOLE AND EXCLUSIVE REMEDY AND BPC'S FULL AND EXCLUSIVE OBLIGATION WITH RESPECT TO ANY BREACH OF THIS LIMITED WARRANTY.


WARRANTY EXCLUSIONS


The Limited Warranty set forth in Section "LIMITED WARRANTY" is subject to the following exclusions:

(A) CLIENT assumes sole responsibility and liability for results obtained from the use of BPC's services.
(B) BPC shall not have any liability for any claims, losses, or damage caused by errors or omissions in any information provided to BPC in connection with any actions taken by BPC in accordance with directions provided by CLIENT.
(C) BPC shall not have any liability for any claims, losses or damages arising out of or in connection with use of any third-party products, services, software or websites that are accessed via links on the BPC's website.
(D) BPC shall not have any liability for any error or failure that is due to causes beyond its reasonable control, including without limitations, strikes, riots, insurrection, war, military or national emergencies, acts of God, natural disasters, fire, outages of computers or associated equipment, or failure of transportation or communication methods (including the Internet) or power supplies.


WARRANTY DISCLAIMER


EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE BPC SERVICE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CLIENT ASSUMES ALL RISKS AS TO THE RESULTS AND PERFORMANCE OF THE BPC SERVICE. BPC DOES NOT WARRANT THAT ITS SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. BPC FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BPC OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.


LIMITATION OF LIABILITY


IN NO EVENT SHALL BPC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT BPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. BPC WILL NOT BE LIABLE FOR ATTORNEYS' FEES, EXCEPT AS REQUIRED BY LAW.


ACKNOWLEDGMENT


The parties acknowledge that the limitations and exclusions contained in Sections 11, 12, 13, 14 and elsewhere in this Agreement represent the parties' agreement based upon the perceived level of risk associated with their respective obligations under this Agreement and the service fees paid. Without limiting the generality of the foregoing, the parties acknowledge and agree that (a) the provisions hereof that limit liability, disclaim warranties or exclude consequential damages or other damages or remedies shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach hereunder, and (b) all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose.


CLIENT INFORMATION WARRANTY


CLIENT represents and warrants that he/she has the right, power and authority to conduct and authorize transactions under this Agreement and that all information provided to BPC is complete, accurate, and up to date.

CLIENT hereby authorizes BPC, directly or through third parties, to make inquiries necessary to validate CLIENT's identity, financial condition, or creditworthiness, including, but not limited to:

(A) Requiring CLIENT to confirm ownership of an e-mail address and payment account;
(B) Ordering a credit report;
(C) Verifying CLIENT information against third party databases or through other sources; and
(D) Undertaking any other action necessary to verify your information.


PAYMENT CANCELLATION


Scheduled payments may be cancelled, rescheduled or modified by following the directions of BPC. There is no charge for canceling, rescheduling or modifying a payment before it is processed. However, once BPC has begun processing a payment, it cannot be cancelled, rescheduled or modified, and CLIENT must submit a stop payment request.

Stop payment requests placed by e-mail or recorded message may not reach BPC in time to place the stop payment. Payments remitted electronically cannot be stopped. BPC will not have any liability for failing to stop a payment. The fee for a stop payment is the current charge for such service.


AMENDMENTS


BPC reserves the right to modify the terms and conditions of this Agreement at its discretion. If the revised terms and conditions or policies are not acceptable to you, your sole and exclusive remedy shall be to stop using the Service by notifying Bill.com customer support. Continuing to use the Service constitutes acceptance of the revised terms and conditions of the Agreement. Except as expressly provided herein, this Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.

In the event of termination and cancellation of this Agreement, sections that by their nature should survive, shall survive and shall continue to apply in accordance with their terms. The termination of this Agreement shall not affect the rights and obligations of the parties with respect to transactions and occurrences that took place prior to the date of termination, except as otherwise provided herein. CLIENT, at the time of termination, will be liable for all bill payment transactions incurred up to such time.


ELECTRONIC CHECK OR E-CHECK


This payment method means that the CLIENT has opted to utilize his/her bank checking account as the fund source for his bill pay transaction. E-check payments must be given a 1 week advance allowance to avoid delays in the bill payments. The CLIENT will not be charged until the recipient negotiates the BPC bill pay check with their respective bank/s and it is consequently cleared. This payment method usually clears in 3-5 business days.


CONSENT TO ELECTRONIC DISCLOSURES


CLIENT agrees to receive information electronically through the BPC's website and at the e-mail address CLINET may provide. This information may include information regarding the Agreement, including legal disclosures, future changes to the Agreement, and other notices, legal communications or disclosures. CLIENT agrees to notify BPC promptly of his/her email address changes. CLIENT confirms that the computer and browser he/she is using enable him/her to receive, access, and retain this information, and that he/she can print copies for his/her records.


INDEMNITY


CLIENT agrees to indemnify and hold harmless BPC and its respective officers, directors, employees and representatives against any and all liability to third parties arising out of, or in connection with CLIENT's use of BPC's services, any actions taken by BPC pursuant to CLIENT's instructions; or CLIENT's breach of any term or condition of this Agreement.


NO WAIVER


There shall be no waiver by BPC of its rights or remedies under this Agreement unless such waiver is in writing and signed by BPC. No delay or omission on the part of BPC 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.


DISPUTES


In the event of a dispute regarding BPC services, CLIENT and BPC agree to resolve the dispute amicably in accordance with the terms and conditions of this Agreement. CLIENT agrees that this Agreement shall constitute the complete and exclusive statement and understanding between CLIENT and BPC, which supersedes any proposal or prior agreement, oral or written, and any other communications between CLIENT and BPC relating to the subject matter of this Agreement.


GOVERNING LAW


This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Nevada, USA without regard to its conflict of law provisions. Any legal action or proceeding relating to the Agreement shall be brought exclusively in the state or federal courts located in Nevada. You hereby agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.


COMMUNICATION


CLIENT agrees that BPC may use the phone number and email address provided by them in their application as BPC's means of communication with them. CLIENT further agrees that in areas and territories permitted by law, recorded telephone conversations between BPC and CLIENT may be used for future reference as BPC deems necessary.