Terms of Service
TERMS OF SERVICE FOR REGISTERED USERS
Understanding and agreeing to these Terms of Service for Registered Users is necessary for you to authorize GovPayNet to accept, retain, and track your activity using the GovPayNetso that you can establish and maintain your Profile on Our system, access your transaction history and other information, and be able to use other payment services GovPayNet provides. Please read them carefully. You must accept these Terms before GovPayNet can establish your Profile.
"Agreement" means the acceptance of these Terms and the legally binding contract You enter into with GovPayNet by checking the box provided below and submitting your acceptance.
"Card Information" means the data and content you provide to GovPayNet from your credit or debit card that GovPayNetrequires so we can process a payment for you through our online service.
"Personal Information" means the data and content You provide to GovPayNet about Yourself so that We can establish Your profile and enable You to access Your payment history and other information that results from You using Our online payment processing service.
"GovPayNet," "Our," "Us," or "We" means Government Payment Service, Inc., a Delaware corporation headquartered at 7102 Lakeview Parkway West Drive, Indianapolis, Indiana 46268 doing business under the name "GovPayNet.
"Recipient" means the government department, division, entity, office, or other official body or organization, institution, or commercial enterprise that has entered into a contract with Us for the processing of card payments on its behalf and to which You may attempt to make a payment using the Card Information.
"Terms" means these Terms of Service for Registered Users.
"You," "Your," "Yourself," or "I" mean the individual who is agreeing to these Terms.
Legal Ability to Contract
By accepting these Terms, You represent and warrant that You are either an adult at least 18 years of age, an emancipated minor, or legally acting within Your authority as an agent, contractor, employee, officer or director of an entity or organization. As such, We are relying on the fact that You are legally competent and able to contract and understand and agree, and do agree that these Terms constitute a binding obligation upon You or the entity or organization You represent once you accept them.
Managing Your Profile
Creating Your Profile with GovPayNet is completely optional and offered for Your convenience in using some of the services We provide. By creating Your Profile, You can manage Your payment experience by keeping track of Your transaction history and accessing certain services GovPayNet Services provides. It is possible to make payments through GovPayNet without creating a Profile but creating Your Profile is a necessary step to personalizing how You use GovPayNet.
You may register with GovPayNet and establish Your Profile even if you have not used GovPayNet to make a payment. Before you can store Your Card Information with GovPayNet for Our use in processing Your payments, however, You must establish Your Profile by providing Us with the Personal Information We will require. We will store your Card Information when you make Your first payment using Your Profile.
The Personal Information You provide must be accurate to enable GovPayNet to process your payments and track Your transaction history when using Our services that require Personal Information and Card Information.
We will send You an e-mail at the address You provided for Your Profile confirming Your Profile is registered with GovPayNet. We may also send other notices and communications to Your e-mail address.
[WHAT WILL THE PROFILE CONTAIN? WHAT MUST WE HAVE UPDATED?]
[WE SHOULD DELETE PROFILES FOR INACTIVITY; HOW LONG?]
User ID and Password
Creating a Profile will also require You to establish a User ID and a Password as each is defined in these Terms. Your user ID must be unique. Your password must [WHAT ARE THE CONDITIONS FOR PASSWORDS?]. You MUST keep your password confidential and not disclose it to anyone else or You will risk making Your Profile and Personal Information available to others. If You forget Your user ID or password, system prompts will help you to retrieve or remember them. You should call GovPayNet Customer Service at 1-866-564-0169 (24 hours a day, seven days a week, toll-free) for assistance if you believe Your user ID or password have been lost or stolen. If you believe your Password has been lost or stolen. You understand that GovPayNet has no liability or responsibility if You fail to keep your password secure or if anyone else obtains access to Your user ID or password. GovPayNet reserves the right to reset any passwords for any reason.
Lawful Uses Only
Your use of the services GovPayNet provides must be lawful. We have the right to restrict or bar You from using any of our services and delete Your Profile if You violate these Terms, any other GovPayNet terms or conditions applicable to You, or any law, regulation or rule in making Your payment, provide false information in connection with Your payment, or refuse to cooperate in any investigation into any potentially unlawful or fraudulent activity. FRAUDULENT CARD USE AND IDENTITY THEFT ARE CRIMINAL OFFENSES PUNISHABLE BY LAW.
Our Rights and Liabilities
We reserve the right to add, discontinue, or modify our services and features at any time without notice. We also reserve the right to discontinue Your access to any services if we believe You have violated these Terms or any other GovPayNet requirements and conditions that apply to Your use of GovPayNet.
GovPayNet takes its responsibility to help keep payment processing safe and secure. If we believe You are using GovPayNet for purposes that are illegal or unsafe, We can discontinue any or all of the services We provide to You that require use of Your Profile or delete Your Profile and prevent You from creating another without notice or any liability to You.
CREATING A PROFILE DOES NOT EXPAND RIGHTS AVAILABLE TO YOU OR REDUCE RIGHTS AVAILABLE TO GOVPAYNET UNDER ANY OTHER AGREEMENTS OR AT LAW. OUR SOLE OBLIGATION IN CONNECTION WITH ANY TRANSACTION USING YOUR PROFILE IS TO MAKE PAYMENTS TO RECIPIENTS YOU HAVE IDENTIFIED TO US THROUGH YOUR USE OF OUR SERVICES IN THE AMOUNTS THAT GOVPAYNET HAS BEEN INFORMED BY YOUR CARD'S ISSUER HAVE BEEN AUTHORIZED. THE GOVPAYNET PAYMENT NETWORK, TOGHETHER WITH ANY INCIDENTAL GOODS AND RELATED SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS. GOVPAYNET MAKES NO WARRANTIES THAT ALL OR ANY PART OF THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED AND DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GOVPAYNET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES YOU BELIEVE YOU HAVE SUFFERED OR INCURRED AS A RESULT OF GOVPAYNET PROVIDING THE SERVICE UNDER THIS AGREEMENT.
You understand and agree that any controversy and/or claim that is based on, relates to, or arises out of Your use of the GovPayNet service regardless of the date such claim arose shall be adjudicated by mandatory arbitration administered on an individual basis by the JAMS Mediation and Arbitration Service ("JAMS") under its arbitration rules. You and GovPayNet waive any applicable right to trial by jury or court or to participate in a class action, class arbitration, or any other representative, consolidated, or collective proceeding. You agree that the location of the arbitration shall be Chicago, Illinois, Unites States of America (appearances may be by telephone if necessary or required). You agree that any challenge, if so legally allowed, relating to any award issued by JAMS, shall be venued exclusively in the U.S. District Court, Northern District of Illinois or a state court located in Cook County, Illinois. Further, you agree that the scope, validity, effect, and enforceability of the foregoing waiver of class action lawsuit, class-wide arbitration, or representative, consolidated, or collective proceeding shall be determined solely and exclusively by such courts and that You submit to the personal jurisdiction of the court(s).
We will use the Personal Information in Your Profile subject to applicable laws, rules, and regulations of federal and state governmental authorities having jurisdiction, as in effect from time to time.
These Terms are subject to change. GovPayNet will send updated Terms to the email address You provided for GovPayNet for use in Your Profile.
You may cancel this Agreement at any time by contacting GovPayNet's Customer Service at 1-866-564-0169. GovPayNet will cease making any Recurring Payment if you cancel or breach these Terms.
All payments made through GovPayNet are also subject to GovPayNet's general Terms of Service and to the Terms of Service for Storing Card Information that You have accepted.
All payments GovPayNet makes to Recipients using the Card Information are in US dollars.
Agreement to Terms
By clicking the box below and submitting Your Personal Information, You are authorizing GovPayNet to accept and retain Your Personal Information to establish your Profile. You also certify that You have reviewed, understand, and accept the Terms and any future modifications to these Terms, and that You intend this Agreement to be a legally binding contract authorizing GovPayNet to attempt to make any Recurring Payment you have identified.
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