CheckFreePay Terms and Conditions
Terms and Conditions
Document effective April 18, 2018
A. AGREEMENT; INTRODUCTION TO THE SERVICES
These Terms and Conditions for Bill Pay Services (hereinafter “Agreement”) form a binding,
enforceable contract between you and CheckFreePay Corporation, a subsidiary of Fiserv
Solutions,LLC, in connection with, and for the delivery of, the Electronic Bill Delivery (if available)
and Bill Payment Services described below (the “eBill Payment Services” or the “Services”) offered
through the Azlo website at www.azlo.com and/or mobile applications (if available) (the “Site”) by or
through CheckFreePay Corporation and/or its subsidiaries CheckFreePay Corporation of California
and CheckFreePay Corporation of New York (collectively, “CheckFreePay”). You understand and
agree that we do not operate the Site through which the Services are offered, and separate terms
and conditions and other notices and disclosures apply to the Site. This Agreement applies to and
sets forth the legally binding terms and conditions governing your use of the Services. By accessing
the Services, you acknowledge that you have read and agree to this Agreement. Please read this
Agreement carefully. “We,” “us,” and “our” refer to CheckFreePay, our service providers and the
Services, as applicable.
- Products and Services Available Elsewhere. We offer many products and services,
some of which are available through other organizations such as banks, credit unions,
brokerage firms, Internet portals, and others. This Agreement applies only to the Services
offered through the Site. Products and services offered through other websites or
organizations may be governed by different terms. - Eligibility. The Services are offered only to individual residents of the United States who
can form legally binding contracts under applicable law. Without limiting the foregoing, the
Services are not offered to minors. Additional eligibility requirements apply to the users of
the Services as specified in this Agreement. - Our Relationship With You. We are an independent contractor for all purposes, except
that for certain services, we act as your agent with respect to the custody of your funds.
This Agreement does not alter your liability or obligations that currently exist between you
and your Billers and other service providers. We do not have control of, or liability for, the
Site and/or any products or services that are paid for using our Services. We also do not
guarantee the identity of any user of the Services (including but not limited to Billers). - Acceptable Use. You agree that you are independently responsible for complying with all
applicable laws in all of your activities related to your use of the Services, regardless of the
purpose of the use. In addition, you are prohibited from using the Services for activities
that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial
intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten
others; (d) include any language or images that are bigoted, hateful, racially offensive,
vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark,
right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
(f) impose an unreasonable or disproportionately large load on our infrastructure; (g)
facilitate any viruses, trojan horses, worms or other computer programming routines that
may damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information; (h) constitute use of any robot, spider, other automatic device,
or manual process to monitor or copy the Service without our prior written permission; (i)
constitute use of any device, software or routine to bypass technology protecting the
Services, or interfere or attempt to interfere, with the Services; or (j) may cause us to lose
any of the services from our service providers. We encourage you to provide notice to us
by the methods described in section C.22 below entitled “Errors and Questions” of any
violations of this section or the Agreement generally.
B. TERMS AND CONDITIONS SPECIFIC TO THE EBILL PAYMENT
SERVICE
eBill Payment Service Definitions
“Authorized User” means you and any individual who you allow to use the Services or your
password or other means to access the eBill Payment Services.
“Bill Payment” is a payment that is initiated by you through the eBill Payment Services to a Biller.
“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or
The earliest possible Scheduled Payment Withdrawal Date will be designated within the
application when you are scheduling the payment; delivery of payment to the applicable
Biller will usually take five or fewer Business Days after the Scheduled Payment Withdrawal
Date. When scheduling payments, you must select a Scheduled Payment Withdrawal Date
that is at least five (5) Business Days before the actual Due Date reflected on your Biller
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 Withdrawal Date that is at least
six (6) Business Days before the actual Due Date. Scheduled Payment Withdrawal Dates
must also be at least six (6) Business Days prior to any late date or grace period. - THE SERVICE GUARANTEE
Due to circumstances beyond our control, particularly delays in handling and posting
payments by Billers or financial institutions, some transactions may take longer to be
credited to your Biller account. We will bear responsibility for any late payment related
charges up to $50.00 should a payment post after its Due Date as long as the payment was
scheduled in accordance with the guidelines described under “Payment Scheduling” in this
Agreement. - PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing us with names and account information of Billers to whom you wish to direct
payments, you authorize us to follow the Payment Instructions that we receive through the
payment system. In order to process payments more efficiently and effectively, we may edit
or alter payment data or data formats in accordance with Biller directives.
When we receive a Payment Instruction, you authorize us to debit your Payment Account on
the Scheduled Payment Withdrawal Date and remit funds on your behalf. You certify and
confirm you are authorized to make Bill Payments from the Payment Account, and any Bill
Payment you make using the Services will debit/charge your Payment Account, which you
are legally authorized to use. You also authorize us to credit your Payment Account for
payments returned to us by the United States Postal Service or Biller, or payments remitted
to you on behalf of another authorized user of the Services.
We will use reasonable efforts to make all your payments properly. However, we shall incur
no liability and any Service Guarantee as set forth in the Section above entitled “Service
Guarantee” above shall be void if we are unable to complete any payments initiated by you
because of the existence of any one or more of the following circumstances: - If your Payment Account does not contain sufficient funds to complete the
transaction or the transaction would exceed the credit limit or overdraft protection, if
available, of your Payment Account; - The Services are not working properly and you know or have been advised about
the malfunction before you execute the transaction; - If a Biller that makes available to you split-payment functionality (in which your Bill
Payment may be split and allocated in various ways that such Biller may offer)
does not split and/or allocate the payment in accordance with your Payment
Instruction; - You have not provided us with the correct Payment Account information, or the
correct name, address, phone number, or account information for the Biller; and/or,
3 - Circumstances beyond our control (such as, but not limited to, fire, flood, or
interference from an outside force) prevent the proper execution of the transaction
and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of
funds to be removed from your Payment Account or causes funds from your Payment
Account to be directed to a Biller which does not comply with your Payment Instructions, we
shall be responsible for returning the improperly transferred funds to your Payment Account,
and for directing to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges related to a Bill Payment, as described
under the section B.2. above entitled “The Service Guarantee”. - PAYMENT METHODS
The Services reserves the right to select the method by which to remit funds on your behalf
to your Biller. These payment methods may include, but may not be limited to, an electronic
payment, check or a laser draft payment (funds remitted to the Biller are deducted from your
Payment Account when the laser draft is presented to your bank for payment). - 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
Our ability to process a stop payment request will depend on the payment method and
whether or not a check has cleared. We 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 we
will make every effort to accommodate your request, we will have no liability for failing to do
so. We may also require you to present your request in writing within fourteen (14) days after
you notify us by phone. The charge, if any, for each stop payment request will be the current
charge for such service as set out in the applicable fee schedule. - PROHIBITED PAYMENTS
The following types of payments are prohibited through the Services, and we have the right
but not the obligation to monitor for, block, cancel and/or reverse such payments. Further, the
Service Guarantee is void when these types of payments are scheduled and/or processed by
the Services: (a)Payments to or from persons or entities located in prohibited jurisdictions
(including any territory inside or outside of the United States); and (b) Payments that violate
any law, statute, ordinance or regulation; and(c) Payments that violate section A.4. above
entitled “Acceptable Use” ; and (d) Payments related to: (1) tobacco products, (2)
prescription drugs and devices; (3) narcotics, steroids, controlled substances or other
products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition,
firearms, or firearm parts or related accessories; (6) weapons or knives regulated under
applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to
engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or
services that promote hate, violence, racial intolerance, or the financial exploitation of a
crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or
4
services that include any language or images that are bigoted, hateful, racially offensive,
vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or
solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right
of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
(e)Payments related to gambling, gaming and/or any other activity with an entry fee and a
prize, including, but not limited to casino games, sports betting, horse or greyhound racing,
lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is
legally defined as a lottery) and sweepstakes; and(f)Payments relating to transactions that
(1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or
multi-level marketing programs, (2) are associated with purchases of real property, annuities
or lottery contracts, lay-away systems, off-shore banking or transactions to finance or
refinance debts funded by a credit card, (3) are for the sale of items before the seller has
control or possession of the item, (4) constitute money-laundering or terrorist financing; (5)
are associated with the following “money service business” activities: the sale of traveler’s
checks or money orders, currency dealers or exchanges or check cashing, or (6) provide
credit repair or debt settlement services; and(g)Tax payments and court ordered payments.
In addition to the above-referenced prohibited payments, we may also block and/or reverse
payments that involve donations or payments to any charity or non-profit organization unless
we have performed appropriate due diligence on and investigation of such charity or nonprofit organization and have determined its legitimacy, in our sole discretion. In no event shall
we or our independent contractors or other third parties to whom we assign or delegate
rights or responsibilities be liable for any claims or damages resulting from your scheduling
of prohibited payments. We have no obligation to research or resolve any claim resulting
from a prohibited payment. All research and resolution for any misapplied, misposted or
misdirected prohibited payments will be your sole responsibility and not ours. We encourage
you to provide notice to us by the methods described in section C.22.below of any violations
of this section or the Agreement generally. - AUTOMATIC BILL PAYMENTS
We may provide you the option to set up automatic Bill Payments for some Billers (“Autopay
Program”). Depending on each Biller’s specifications, you may be able to choose the date on
which the Bill Payment will be received by the Biller and/or the option for paying an
Electronic Bill, including but not limited to: 1) pay the amount due; 2) pay the minimum
amount due; 3) pay the full account balance; or, 4) pay only those Electronic Bills that are
less than or equal to an amount set by you as the Authorized User. By enrolling in the
Autopay Program, you are authorizing us to initiate automatic deductions based on the
autopay instructions you have specified from your Payment Account. The automatic Bill
Payment will be deducted on the date specified by you during Autopay Program enrollment.
Upon successful enrollment in the Autopay Program, an email confirmation will be sent to
you confirming your enrollment. In the event that automatic Bill Payment cannot be
processed for reasons including but not limited to the amount due for an Electronic Bill is
greater than the amount limit you set during enrollment, we will notify you via the email
associated with your profile so that you can make the Bill Payment using some other
method. It is your sole responsibility to ensure that the email address and other contact
information listed for your profile are accurate and current. - BILL DELIVERY AND PRESENTMENT
This feature, if available, is for the presentment of Electronic Bills only and it is your sole
responsibility to contact your Billers directly if you do not receive your Billing Statements. You
understand and acknowledge that we are unable to update or change your personal
information such as, but not limited to, name, address, phone numbers and e-mail
addresses, that you have established with the electronic Biller. Any changes will need to be
5
made by contacting the Biller directly. Additionally, it is your responsibility to maintain all
usernames and passwords for all electronic Biller sites. You also agree not to use someone
else’s information to gain unauthorized access to another person’s bill. The Services may
provide to the Biller your e-mail address, service address, or other data specifically
requested by the Biller at the time of activating the electronic bill for that Biller, for purposes
of the Biller informing you about service and/or bill information. Additionally, we may provide
to the Biller your e-mail address, service address and other information you provide to us for
purposes of the Biller informing you about service and/or bill information or with respect to
payment research or fraud investigations. Further, we may provide and use such information,
as described in our Privacy Policy, which may be viewed at https://app.azlo.com/en/assets/
pdf/Azlo-Privacy_Policy.pdf Upon activation of the Electronic Bills feature the Services may
notify the Biller of your request to receive electronic billing information. The presentment of
your first Electronic Bill may vary from Biller to Biller and may take up to sixty (60) days,
depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy
of your statement(s) is at the sole discretion of the Biller. While your Electronic Bill feature is
being activated it is your responsibility to keep your accounts current. Each electronic Biller
reserves the right to accept or deny your request to receive Electronic Bills. In some
instances, if you have made a payment to a Biller through the eBill Payment Services, the
Biller may elect to send your Billing Statement(s) to you electronically. The activation of the
Electronic Bill feature for a Biller, whether through your active choice or an automatic action
that we inform you of through the Service, shall be deemed by us to be your authorization for
us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to
provide us with your user name and password for that Biller. By providing us with such
information, you authorize us to use the information to obtain your bill data. - CANCELLATION OF ELECTRONIC BILL NOTIFICATION
The Biller reserves the right to cancel the presentment of Electronic Bills at any time. You
may cancel Electronic Bill presentment at any time by following the instructions within the
eBill Payment Services. The timeframe for cancellation of your Electronic Bill presentment
may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle
of each Biller. We will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an alternative form of bill
delivery. We will not be responsible for presenting any Electronic Bills that are already in
process at the time of cancellation. - NON-DELIVERY OF ELECTRONIC BILLS(S)
You agree to hold the Services harmless should the Biller fail to deliver your statement(s).
You are responsible for ensuring timely payment of all bills. Copies of previously delivered
bills must be requested from the Biller directly. - ACCURACY AND DISPUTE OF ELECTRONIC BILL
We are not responsible for the accuracy of your Electronic Bill(s). The Services are only
responsible for presenting the information we receive from the Biller. Any discrepancies or
disputes regarding the accuracy of your Electronic Bill summary or detail must be addressed
with the Biller directly. - YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you believe your password or other means of access to your eBill Payment Services
account (or Payment Account) has been lost or stolen, you should notify us at once in
accordance with the methods described in Section C.22. If you tell us within two (2) Business
6
Days after you discover your password or other means to access the eBill Payment Services
has been lost or stolen, your liability is no more than $50.00 should someone access your
eBill Payment Services account (or Payment 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 eBill Payment Services account (or Payment Account) if you had told us, you
could be liable for as much as $500.00. If your monthly bank statement associated with your
Payment Account contains transfers through the eBill Payment Services 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 through the eBill Payment
Services without your authorization after the sixty (60) days if we can demonstrate that we
could have stopped someone from taking such funds 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. - FAILED OR RETURNED TRANSACTIONS
In using the Services, you are requesting us 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. - RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United States Postal Service may
return payments to us for various reasons such as, but not limited to, Biller’s forwarding
address expired; Biller account number is not valid; Biller is unable to locate account; or
Biller account is paid in full. We will use our best efforts to research and correct the returned
payment and return it to your Biller, or void the payment and credit your Payment Account.
You may receive notification from us.
C. GENERAL TERMS AND CONDITIONS APPLICABLE TO THE
SERVICES - Your Privacy.
Protecting your privacy is very important to us. Please review the Privacy Policy which may
be viewed at https://app.azlo.com/en/assets/pdf/Azlo-Privacy_Policy.pdf in order to better
understand our commitment to maintaining your privacy, as well as our use and disclosure of
your information. - Privacy of Others.
If you receive information about another person through the Site or the Services, you agree
to keep the information confidential, inform us immediately, and only use it in connection with
the Services. - Calls to You.
BY REGISTERING FOR THE SERVICE AND PROVIDING US WITH A TELEPHONE
NUMBER (INCLUDING A MOBILE NUMBER), YOU CONSENT TO RECEIVING
7
AUTODIALED AND PRERECORDED MESSAGE CALLS FROM US AT THAT NUMBER
FOR SERVICE-RELATED PURPOSES. For example, we may contact you in connection
with validating or processing a transaction that you’ve requested through the Service, and as
otherwise described in our Privacy Policy which is located at https://app.azlo.com/en/assets/
pdf/Azlo-Privacy_Policy.pdf - 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 Services. If you permit other persons to use the Services or your password or other
means to access your account, you are responsible for all actions taken by anyone to whom
you have provided or made available such credentials, whether intentionally or inadvertently.
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 Services without your consent or has
transferred money without your permission, you must notify us as described in Section C. 22.
below. - Exclusions of Warranties.
THE SERVICES 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, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT
GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART
OF OUR SERVICES THAT MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT
APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. - Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES OR
SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN
INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR
REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION,
DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED
BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICES PROVIDERS OR THE
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR
RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY,
INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR
OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF
THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN
IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF
THE SITE THROUGH WHICH THE SERVICES IS OFFERED, EVEN IF SUCH DAMAGES
WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN
NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
8
CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR
RELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE
SERVICES IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT
FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS C.
13, C.14 AND C.15 BELOW WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT
GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL
CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE
LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND
ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICES AND THE PORTION OF
THE SITE THROUGH WHICH THE SERVICES IS OFFERED AND THIS AGREEMENT
SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF
$500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL
CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND
OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF
THESE, FOR THE SERVICES AND THE PORTION OF THE SITE THROUGH WHICH THE
SERVICES IS OFFERED. - Complete Agreement, Severability, Captions, and Survival.
This Agreement sets forth the entire understanding between us and you with respect to the
Services. If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. 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 Agreement. Any terms which by their nature
should survive, will survive the termination of this Agreement, including but not limited to all
of Section C. - Amendments.
We may amend this Agreement and any applicable fees and charges for the Services at any
time by posting a revised version on the Site. The revised version will be effective at the time
it is posted unless a delayed effective date is expressly stated in the revision. Continued use
of the Services after posting of an amended Agreement will constitute your agreement to
such amendments. Further, we may, from time to time, revise or update the Services and/or
related applications or material, which may render all such prior versions obsolete.
Consequently, we reserve the right to terminate this Agreement as to all such prior versions
of the Services, and/or related applications and material and limit access to only the
Services’ more recent revisions and updates. We also reserve the right to terminate the
Services in their entirety. You authorize us to send or provide by electronic communication
any notice, communication, amendment or replacement to the Agreement, or disclosure
required to be provided orally or in writing to you. You agree to receive any electronic
communication provided to you and will not attempt to avoid receiving any such
communication. You are deemed to have received any electronic communication provided to
you when they are made available to you. - Disputes.
9
In the event of a dispute regarding the Services, you and we 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 us, which supersedes any proposal or prior
agreement, oral or written, and any other communications between you and us relating to the
subject matter of this Agreement. If there is a conflict between the terms of this Agreement
and something stated by an employee or contractor of ours (including but not limited to its
customer care personnel), the terms of this Agreement will prevail. - Assignment.
You may not transfer or assign any rights or obligations you have under this Agreement
without our prior written consent, which we may withhold in our sole discretion. We reserve
the right to transfer or assign this Agreement or any right or obligation under this Agreement
at any time to any party. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors or other third parties. - Waiver of Jury Trial.
Both parties agree to waive any right to have a jury participate in the resolution of any
dispute or claim between the parties or any of their respective Affiliates arising under or
relating to this Agreement. - Waiver of Class Action Claims.
Both parties agree to waive any right to assert any dispute or claim against the other party or
any other intended beneficiary arising under or relating to this Agreement as a class action.
10 - Arbitration.
Both parties agree to resolve any dispute or claim between the parties or any of their
respective Affiliates or any other intended beneficiary arising under or relating to this
Agreement through binding arbitration. Both parties stipulate and agree that this Agreement
evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies.
The arbitration award shall be final and binding and judgment thereon may be entered by
any court of competent jurisdiction. The only exceptions to this arbitration agreement are as
follows: a. We and you expressly agree that under no circumstances shall any dispute or
claim arising under or relating to this Agreement be subject to arbitration on a classwide or
collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or
you may, at the option of the claiming party, pursue any claim in small claims court instead of
arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the
small claims court, whichever is less; and the small claims court must otherwise have
jurisdiction of the claim and the parties. - Arbitration Procedure.
You or we may commence arbitration, at the claiming party’s election, administered either by
JAMS (formerly known as “Judicial Arbitration and Mediation Services”), or the American
Arbitration Association (“AAA”). The arbitration shall take place before a single arbitrator,
selected pursuant to the selection procedures in the applicable commercial or consumer
arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules shall apply
subject only to the following exceptions and modifications: a) You may, if you wish,
commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii)
the JAMS “minimum standards” for consumer arbitration. In all such consumer arbitrations
we will pay the balance of the applicable arbitration administrative fee to the extent required
by the JAMS or AAA procedures or standards you have chosen. b) You or we (whoever is the
party commencing the arbitration) may elect to resolve the dispute in a cost effective manner
through binding non-appearance-based arbitration. If the claiming party selects nonappearance-based arbitration, the parties agree that the following rules shall apply: (i) the
arbitration may be conducted telephonically, and/or online, or be based solely on written
submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall
not require any travel or personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and (iii) discovery shall not be permitted. c) When we or you
(whoever is the party commencing arbitration) do not select non-appearance-based
procedures, the parties agree that there shall be no discovery except whatever discovery the
arbitrator determines is necessary for fair resolution of the claim or dispute. d) Neither we nor
you shall seek any award of attorney’s fees in any arbitration claim arising under or relating
to this Agreement, except that the arbitrator may award attorney’s fees when (and only to the
extent that) the applicable law requires an award of attorney’s fees to the prevailing party. - Arbitrability. Issues to Be Decided By Arbitrator.
The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive
authority to resolve any dispute relating to the interpretation, applicability, enforceability or
formation of this Agreement including, but not limited to any claim that all or any part of this
Agreement is void or voidable. - Law and Forum for Disputes.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of
this Agreement conflict with applicable state or federal law, such state or federal law shall
11
replace such conflicting terms only to the extent required by law. Unless expressly stated
otherwise, all other terms of this Agreement shall remain in full force and effect. You agree
that any claim or dispute you may have against us (other than those which are arbitrated
under Sections C.13, C.14 AND C.15 above) must be resolved by a court located in Gwinnett
County, Georgia or by an arbitrator selected by mutual agreement of the parties. You agree
to submit to the personal jurisdiction of such courts for the purpose of litigating all such
claims or disputes. The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to this Agreement. - Indemnification.
You agree to defend, indemnify and hold harmless us and our Affiliates and service providers
and the officers, directors, agents, employees, representatives, and contractors of each of
these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred
by any third party due to or arising out of your breach of this Agreement and/or your use of
the Site or the Services. - Release.
If you have a dispute with one or more other users of the Site or the Services, you release us
and our Affiliates and service providers and the employees and contractors of each of these,
from any and all claims, demands and damages (actual and consequential) of every kind and
nature arising out of or in any way connected with such disputes. In addition, you waive and
release any and all provisions, rights and benefits conferred either (i) by Section 1542 of the
California Civil Code, which reads: “Section 1542. General release; extent, which states “A
general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor;” or (ii) by any law of any state or territory of
the United States, or principle of common law, which is similar, comparable or equivalent to
Section 1542 of the California Civil Code. - No Waiver.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such
waiver is in writing and signed by one of our authorized representatives. No delay or
omission on our part 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. - Intellectual Property.
All marks and logos related to the Services are either trademarks or registered trademarks of
us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts
are our service marks, trademarks, and/or trade dress or those of our licensors. You may not
copy, imitate, or use any of the above without our prior written consent, which we may
withhold in our sole discretion, and you may not use them in a manner that is disparaging to
us or the Services or display them in any manner that implies our sponsorship or
endorsement. All right, title and interest in and to the Services, the portion of the Site through
which the Services is offered, the technology related to the Services, and any and all
technology and any content created or derived from any of the foregoing, is our exclusive
property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings,
concepts, or other information you may send to us through or regarding the Services shall be
considered an uncompensated contribution of intellectual property to us, shall also be
deemed our exclusive intellectual property, and shall not be subject to any obligation of
12
confidentiality on our part. By submitting any such materials to us, you automatically grant (or
warrant that the owner of such materials has expressly granted) to us a perpetual, royaltyfree, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or technology now known or
later developed, and you warrant that all so-called “moral rights” in those materials have
been waived, and you warrant that you have the right to make these warranties and transfers
of rights. - Notices to You.
To the fullest extent permitted by law, this Agreement and any other agreements, notices
(including but not limited to the “State Disclosures” link on the Site) or other communications
from us to you regarding the Services or our relationship with you (“Communication”) may be
provided to you electronically, and you consent and agree to receive Communications in an
electronic form. Electronic Communications may be posted on the pages within the Website,
delivered to your email address and/or via mobile text message and/or through in-product
message. All Communication by any of these methods shall be deemed received by you no
later than twenty-four (24) hours after they are sent or posted. You will print a paper copy of
or download any electronic Communication and retain it for your records. In order to access,
view, and retain electronic Communications that we make available to you, you must have: - Sufficient electronic storage capacity on your computer’s hard drive or other data
storage unit; or - An e-mail account with an Internet service provider and e-mail software in order to
participate in our electronic Communications programs; - A personal computer, operating system and telecommunications connections to the
Internet capable of receiving, accessing, displaying, and either printing or storing
Communications received from us in electronic form via a plain text-formatted email or by access to our web site using one of the browsers specified below.
All Communications in electronic format will be considered to be “in writing,” and to have
been received no later than one (1) business day after posting or dissemination, whether or
not you have received or retrieved the Communication. It is your sole responsibility to ensure
that your contact information is accurate. In the event you do not receive notification, it is
your responsibility to periodically log on to the Services and check for notices, including
checking for the delivery of new Electronic Bills. You are responsible for ensuring timely
payment of all bills. You may request a paper copy of any legally required disclosure. We
reserve the right, but are not obligated, in certain circumstances and in our sole discretion to
communicate with you using all available lawful methods of communication (by paper,
telephone, etc.). The charge, if any, for each paper copy of any legally required disclosure
will be the current charge as set out in the applicable fee schedule. Your consent to receive
Communications electronically is valid until you revoke your consent by notifying us as
described in Section C.22 below of your decision to do so. If you revoke your consent to
receive Communications electronically, we may terminate your right to obtain and/or use the
Services, and you accept sole liability for any penalty, loss, tax or other consequence
resulting from an involuntary termination of the Services, to the extent permitted by law. - ERRORS AND QUESTIONS
13
a. ALL QUESTIONS ABOUT TRANSACTIONS MADE USING THE SERVICES SHOULD BE
DIRECTED TO US. We are responsible for the Services and for resolving any errors in
transactions made using the Services. We will not send you a periodic statement listing
transactions that you make using the Services. The transactions will appear only on the
Payment Account statement issued by your bank. PRINT AND SAVE THE PAYMENT
CONFIRMATIONS YOU RECEIVE WHEN YOU USE THE SERVICES AND CHECK THEM
AGAINST THE PAYMENT ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK. If
you have any questions about the Services or one of your transactions (including if you
believe there may have been an error in connection with the Services or a transaction), or if
you believe your password or other means of access to your account associated with the
Services has been lost or stolen, then you should contact us: (a) by telephone as soon as
possible at (844) 295 – 6466 during customer care hours, provided such telephone calls will
not constitute legal notices under this Agreement, (b) in writing at ops@azlo.com ; and/or (c)
through the Site. If you think your transaction history is incorrect or you need more
information about a Services’ 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 eBill Payment Services 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.
b. If you notify us orally, we may require that you send your complaint in writing within ten
(10) Business Days after your oral 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 Services may revoke any
provisional credit provided to you if we find an error did not occur. (d) In addition to reporting
complaints against CheckFreePay directly to CheckFreePay as described in this Section C.
22, you may report complaints to the regulatory body appropriate to your state of residence
included within the “State Disclosure” link on the Site. - SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Services, you may do so via: a) Telephone us at (844)
295 – 6466 during customer service hours; b) through the Site; and/or c) By using the
Services in-product cancellation feature, if and as applicable. Any payment(s) the Services
has already processed before the requested cancellation date will be completed by the
Services. All Scheduled Payments including recurring payments, if available, will not be
processed once the Services are cancelled. We may terminate or suspend Services to you
at any time. Neither termination nor suspension shall affect your liability or obligations under
this Agreement. - ADDRESS CHANGES
14
It is your sole responsibility to ensure that the contact information in your Services’ profile is
current and accurate. This includes, but is not limited to, name, address, phone numbers and
email addresses. Changes can be made by contacting customer service. We are not
responsible for any payment processing errors or fees incurred if you do not provide
accurate contact information. - BILLER LIMITATION
The Services reserves the right to refuse to pay any Biller to whom you may direct a
payment. The Services will notify you promptly if we decide to refuse to pay a Biller
designated by you. This notification is not required if you attempt to make a prohibited
payment under this Agreement. - INFORMATION AUTHORIZATION
Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other
information. You agree that the information you provide during your enrollment and use of the
Services can be used to complete an identity and account verification process. You agree
that we reserve the right to obtain and use financial, transaction and credit information
regarding your Payment Account. In addition, you agree that we reserve the right to request
a review of your credit report at our expense through a credit agency or bureau. - CAPTIONS
The captions of sections hereof are for convenience only and shall not c