TERMS AND CONDITIONS OF ONLINE BILL PAY, A BILL DELIVERY AND PAYMENT SERVICE
OFFERED BY
Culligan of the Hill Country
PRIVACY POLICY
We are totally committed to protecting your privacy. When you make a
payment against your balance, we collect your name, billing address,
and credit card information. We do not use cookies. We will never
sell any collected information to anyone.
SECURITY POLICY
Your payment and personal information is always safe. Utilizing the
TSYS SSL TLSv1 gateway, all of your personal information is encrypted
so that it cannot be read over the internet. Once your payment transaction
is completed, no unencrypted credit card information is stored on any public server.
REFUND/CREDIT POLICY
All sales are final. Payments made in error are either a) Refunded to the
payer’s credit card or b) Left as a credit to be applied to future balances
on the payer’s account. See “ERRORS AND QUESTIONS ABOUT YOUR PAYMENTS” on
this page for specific details.
ELECTRONIC DISCLOSURE AND CONSENT
You agree we may provide you with
information about the Service by electronic communication such as
any notice, communication, amendment or replacement to the
Agreement, or disclosure required to be provided orally or in
writing to you. You are deemed to have received any electronic
communication provided to you when they are made available to you.
You may print the communication from your computer if you have the
hardware and software described below. To retain an electronic copy
simply highlight the text of this Agreement and use your copy
command. Then open an application such as Word or Notepad and use
the paste command to paste the text of the Agreement into the
application. Please ensure that you save the Agreement in the
application to a file of your choice.
In order for you to access and retain
electronic communication in connection with the Service, your system
must meet the following requirements:
Access to the Internet via an Internet
Service Provider (ISP). Connection to the Internet via a Secure
Sockets Layer (SSL) compatible 128-bit browser, such as: Microsoft
Internet Explorer version 5.0 or later; Netscape Navigator or
Communicator version 6.2 or later. Enabled JavaScript in your
browser software.
GENERAL TERMS / RELATION TO OTHER AGREEMENTS
By using the Service you agree to the
terms and conditions of this Agreement, as may be amended from time
to time according to its terms. You further agree that your
enrollment in Bill Pay constitutes you acknowledgement that you have
read the Agreement and have printed and retained a copy for your
records.
Your use of the Service may also be
affected by other agreements between you and your financial
institution and/or Payee. When you use the Service you do not change
the account agreements you already have for any accounts used in the
Service, including your Funding Accounts. For example, when you use
your credit card account as the Funding Account, you do so under the
terms and conditions provided for in the credit card account or
consumer finance loan account agreements. You should review those
account agreements for any applicable fees and other restrictions
which might be impacted by your use of the Service.
You acknowledge and agree that the
Service is intended to only provide for the payment of bills. The
Service does not in any way warrant, guarantee or otherwise ensure
the quality, safety, or legality of any goods or services received
by you from any Payee that is paid through the Service. This
Agreement does not alter your liability or obligations that
currently exist between you and your Payee.
SERVICE DEFINITIONS
"Agreement" means these Terms and Conditions of bill pay.
"Business Day" is every Monday through Friday, excluding Federal Reserve Bank holidays.
"Due Date" is the date reflected on your Payee bill by which the payment is due.
"Funding Account" is the checking
account or credit card account from which payments will be debited
or charged.
"In-Network Payment" means a bill
payment made with your credit card Funding Account to a (Payee)
merchant which accepts credit cards through Bill Pay. This
transaction is a Purchase and enjoys a grace period (if any) under
the terms of your Credit Card Agreement. If your credit card has a
rewards or points program, your bill payments are eligible to earn
rewards or points. These in-network transactions are typical credit
card Purchases, unlike out-of-network transactions.
"Out-of-Network Payment" means a bill
payment made with your credit card Funding Account to a Payee
(merchant) which does not accept credit cards through Bill Pay. This
transaction is a Cash Equivalent, not a Purchase. Cash Equivalents
are similar to cash advances but enjoy a grace period (if any) under
the terms of your Credit Card Agreement. There is no Cash Equivalent
transaction fee for out-of-network transactions. These bill payments
do not earn rewards or points. Cash Equivalents have limited dispute
rights, such as whether the payment was properly made. You cannot
dispute the goods or services already purchased.
"Payee" is the entity or merchant,
having a U.S. mailing address that you want to pay using the
Service.
"Payment Instruction" is the
information provided by you to the Service for a payment to be made
to the Payee (such as, but not limited to, Payee name, Payee account
number, and Scheduled Payment Date).
"Scheduled Payment" is a payment that
has been scheduled through the Service but has not begun
processing.
"Scheduled Payment Date" is the day
that you want your Payee to receive your payment and is also the day
your Funding Account will be debited or charged. If the Scheduled
Payment Date falls on a non-Business Day, the Scheduled Payment Date
will be automatically adjusted by the Service to be the prior
Business Day.
"Service" means bill pay offered by
Culligan of the Hill Country
("Culligan of the Hill Country
").
"We," "us," and "our" refer to the
Service.
"You" and "your" refer to anyone using
the Service. An "Authorized User" is any individual which you allow
to use the Service or your password or other means to access your
account.
SERVICE FEES
There is no fee for making standard payments.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with account
information of the Payee to which you wish to direct payments, you
authorize the Service to follow your Payment Instructions that it
receives through the payment system. In order to process payments
more efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Payee
directives.
When the Service receives a Payment
Instruction, you authorize the Service to debit or charge your
Funding Account and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the Scheduled Payment Date
designated by you. You certify that any Funding Account you add to
your profile is an account from which you are authorized to make
payments, and any payment you make using the Service will debit or
charge a Funding Account that you are legally authorized to use.
PAYMENT LIMITATIONS
We reserve the right to restrict
payments, both by dollar amount and number of payments made using
this service.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit a Scheduled
Payment by following the directions within the Bill Pay screens.
There is no charge for canceling or editing a Scheduled Payment.
Once the Service has begun processing any payment, it will show a
status of "in process" on the payment activity screen, and 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 payment has cleared or is already in process or completed. 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 at the customer service found in the "Help"
section of the 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. If you contact the
financial institution holding your checking or money market deposit
account Funding Account to request a stop payment, you will be
responsible for any fees or charges assessed by your financial
institution for this request.
PAYMENT METHODS
The Service reserves the right to
select the method by which to remit funds on your behalf to your
Payee. These payment methods include, but are not limited to, an
electronic payment, an electronic to check payment, or a laser draft
payment.
PASSWORD AND SECURITY
You agree not to give or make available
your password or other means to access your account to any
unauthorized individuals. You are responsible for all payments you
authorize using the Service. If you permit Authorized Users or other
persons to use the Service or your password or other means to access
your account, you are responsible for any transactions they
authorize. If you believe that your password or other means to
access your account has been lost or stolen or that someone may
attempt to use the Service without your consent or has transferred
money without your permission, you must notify the Service at once
by calling
(830) 896-3544
.
YOUR LIABILITY FOR UNAUTHORIZED PAYMENTS
When you give someone your Service
password or code, you are authorizing that person to use the Service
and you are responsible for all transactions that person performs
using the Service. All transactions that person performs, even those
transactions that you did not intend or want performed, are
authorized transactions. If you notify us that the person is no
longer authorized, then the transactions that person performs after
the time you notify us are considered unauthorized. Transactions
that you or someone acting with you initiate with fraudulent intent
are also authorized transactions. The phone number to report
unauthorized payments is
(830) 896-3544
.
YOUR LIABILITY FOR RETURNED PAYMENTS
In using the Service, you are
requesting the Service to make payments for you from your Funding
Account. If we are unable to complete the transaction for any reason
associated with your Funding Account (for example, there are
insufficient funds in your Funding Account to cover the
transaction), the transaction may not be completed. In some
instances, you will receive a return notice from the Service. In
each such case, you agree that:
The amount of any returned payment
transaction may be charged to the Billing Account. This transaction
will post to your Billing Account as an Out-of-Network Payment. You
may be charged other fees, such as an overlimit-fee and additional
finance charges, as a result of a returned payment transaction.
If for any reason the Service is not
able to charge your Billing Account, you will reimburse the Service
immediately upon demand for the returned payment transaction amount
that has been returned to the Service; and reimburse the Service for
any costs it incurs in attempting to collect the amount of the
return from you (including reasonable attorneys' fees). The
Service is authorized to report the facts concerning the return to
any credit-reporting agency. You may be assessed a fee by your
financial institution as a result of the return.
OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS
The Service will use its best efforts
to make all your payments properly. The Service shall incur no
liability and any Service Guarantee shall be void if the Service is
unable to complete any payments initiated by you because of the
existence of any one or more of the following circumstances:
If, through no fault of the Service,
your Funding Account does not contain sufficient funds to complete
the transaction or the transaction would exceed the credit limit of
your Funding Account or the transaction cannot be charged to your
Funding Account because of a status that prohibits additional
charges to post to the Funding 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; If, through no fault of the Service, a Payee that
makes available to you split-payment functionality (in which your
payment may be split and allocated in various ways that such Payee
may offer) does not split and/or allocate the payment in accordance
with your Payment Instruction; You have not provided the Service
with the correct Funding Account information, or the correct name,
address, phone number, or account information for the Payee;
and/or, Circumstances beyond control of the Service (such as, but
not limited to, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction and the Service has
taken reasonable precautions to avoid those
circumstances. Provided none of the foregoing exceptions are
applicable, if the Service causes an incorrect amount of funds to be
removed from your Funding Account or causes funds from your Funding
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 Funding Account, and for
directing to the proper Payee any previously misdirected
transactions, and, if applicable, for any late payment or other
related charges.
ERRORS AND QUESTIONS ABOUT YOUR PAYMENTS
In case of errors or questions about
your payments transactions, you should as soon as possible notify us
via one of the following methods:
TeleTelephone the Service at
(830) 896-3544
during customer service hours; or, Write us at:
Culligan of the Hill Country
- Bill Pay
1612 Water Street Kerrville, TX 78028
; If
you think your financial institution statement is incorrect or you
need more information about a Service transaction listed on the
statement, we must hear from you no later than 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 Billing Account
number and Funding 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. If you
tell us verbally, we may require that you send your complaint in
writing within ten (10) Business Days after your verbal
notification. We will tell you the results of our investigation
within ten (10) Business Days after we hear from you, and will
correct any error promptly. However, if we require more time to
confirm the nature of your complaint or question, we reserve the
right to take up to forty-five (45) days to complete our
investigation. If we decide to do this, we will provisionally credit
your Funding 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 Funding 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.
DISPUTES
You must promptly contact the Service
in the event of a dispute involving any payment transaction. The
Service will attempt to assist you resolve such issues with Payees
(merchants). Do not use Bill Pay to pay a balance that you are
disputing with the Payee (merchant).
INFORMATION AUTHORIZATION
You agree that the information you
provide to the Service can go through a verification process. You
also agree that the information you provide to the Service may be
used to find other merchants that you are eligible to pay using the
Service. Further, you agree that the Service reserves the right to
obtain financial information regarding your Funding Account from
your financial institution (for example, to resolve payment-posting
problems or for verification). In addition, you agree that the
Service reserves the right to request a review of your credit rating
at its own expense through an authorized bureau.
DISCLOSURE 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
transfers and payment transactions; Where it is necessary for
activating additional services; 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 only; In order to comply with a governmental agency or
court orders; or, If you give us your written permission.
ALTERATIONS AND AMENDMENTS
We reserve the right to change the
Service and this Agreement, including fees and service charges, in
our sole discretion from time to time, without notice to you except
as required by applicable law. The Service also reserves the right
to change, by adding or deleting, Payee(s) that can receive payments
through the Service.
If you do not agree to any amendments,
you may stop using the Service and terminate this Agreement. 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 user screens, 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 user screens,
services, and/or related material and limit access to only the
Service's more recent revisions and updates.
ADDRESS AND BANKING CHANGES
It is your sole responsibility to
ensure that the contact information you have given the Service and
maintained in your user profile is current and accurate. This
includes, but is not limited to, name, address, phone number(s) and
email address(es). Changes can be made either within the Service
screens or by contacting the Service. Any changes in your Funding
Account should also be made in accordance with the procedures
outlined within the Service Help screens. All changes made are
effective immediately for scheduled and future payments paid from
the updated Funding Account information. The Service is not
responsible for any payment processing errors or fees incurred if
you do not provide accurate Funding Account or contact
information.
ASSIGNMENT
You may not assign this Agreement to
any other party. The Service may assign this Agreement to any
future, directly or indirectly, affiliated company. The Service may
also assign or delegate certain of its rights and responsibilities
under this Agreement to independent contractors or other third
parties.
NO WAIVER
The Service shall not be deemed to have
waived any of its rights or remedies hereunder unless such waiver is
in writing and signed by the Service. No delay or omission on the
part of the Service in exercising any rights or remedies shall
operate as a waiver of such rights or remedies or any other rights
or remedies. A waiver on any one occasion shall not be construed as
a bar or waiver of any rights or remedies on future occasions.
ENTIRE 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.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
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.
|