These terms and conditions govern the use of Billaway Bill Payment service to
enable customers to pay their bills.
Bill Payment Service means the service provided by Billaway by which a customer utilizes their own funds and/or the value of their points/credits to make a payment to a third party.
Us means Billaway
BUSINESS DAY means any day, except Sunday or public holiday on which Bank is open for normal banking business during normal banking hours in the United States.
Biller means service provider for which the customer has registered with Us to make the bill payment.
Bill Payment Service means facility or agreement through which the Customer instructs Us to directly make the payment to his/her service provider for Utility bills / Telephone Bills / Insurance policies / Electricity bills as further detailed in the first paragraph of these Terms and Conditions. Registered account of the consumer means such bank checking or savings account owned by the customer for the purpose of making payments to Billers through the Bill Payment Service
Scope of Services:
By registering for Bill Payment Service, the Customer authorizes us and our agents to forward the amount collected from you to the Biller you designate. The Customer will provide Us with the names, and information of his account with those Billers, as required by the Biller to whom he wishes to make Bill Payments. The Customer fully understands that we engage third party agent(s) to provide the Bill Payment Service.
When the Customer registers for a Biller on the Bill Payment Service, he may be able to make payments to such Billers. Registration for the Bill Payment Service is not immediate and the time taken for registration varies from Biller to Biller.
By registering for Biller(s) through the Bill Payment Service, the Customer agrees that the WE are authorized to accept the Customer's instructions to make payment to said Biller utilizing the entire amount of Points/Credits in their account along with monies from a registered account of the customer.
When the Customer initiates a Bill Payment, he authorizes US to debit his Registered Bank Account or Credit/Debit Card on a Business Day and to remit funds to the Biller on his behalf electronically and/or through United States Postal Service regular mail. If the Biller does not permit or accept electronic payments, then those funds will be remitted to the Biller through the use of a manual cheque.
Payments made by the Customer will be made payable to the Biller no more than seventy-two (72) hours after customer makes a bill payment request OR when Billaway has verified that any and all funds due from the customers registered bank account have been received however it shall never be longer than five (5) business days. Friday from 5-pm eastern time to Monday at 9am eastern time are not included as are federal holidays.
Customer may use the Bill Payment Service to authorize automatic recurring payments of recurring bills on certain pre-specified dates. These payments will be deemed to be made on the next Business Day if the specified payment day falls on a weekend or holiday.
We cannot be responsible for any delays made by the Billers themselves.
We or our agents shall incur no liability if they are unable to effect any Payment Instruction on the Payment Date due to any one or more of the following circumstances:
If instructions to make a Bill Payment is not received 5 business days before the due date.
If the bill amount paid by the Customer varies from the actual bill amount from the Biller.
a) If the Customers registered Bank Account does not contain sufficient funds to cover the payment of the respective bill or the bill amount exceeds the overdraft limit, if any, granted to the Customer.
b) If the funds available in the Bank Account are under any attachment, lien or charge.
The name of Biller and/or details required by the Biller for effecting the payment are not correctly provided by the customer and/or the biller.
Due to refusal of the Biller to receive the payment for any reason whatsoever.
We shall not be responsible if the payment instructions are not affected for reasons not directly attributable to the Us or its agents nor for any claim for consequential or punitive damages or for loss of profit. Refunds for rejected payments will be credited to the Customers registered Bank Account within 5 business days.
We or our agents retain the customary right to suspend the operations of the Bill Payment Service without notice and at their sole discretion.
Should a customer (YOU) dispute or reverse a charge or debit from their account after completing the bill payment process on the website we will charge a fee to the customer in an amount of $15.00.
The Customer hereby agrees that we may need to share, store or transmit information about the Customer or any of Customer Accounts, within Billaway or with any agent or third party used by Billaway either in the US or in another country, for the purpose of providing Bill Payment facility. Any such sharing, storage or transmission of such information will be done on a confidential basis and we will endeavor to maintain strict confidentiality of such information within Billaway unless: (a) otherwise required by any applicable law, regulation or request of any public, regulatory or judicial authority; or (b) where disclosure is required for the purposes of preventing crime; or (c) Billaway deems disclosure necessary to provide Services.
Services & Consideration
The Customer hereby provides his/her consent for the premises and covenants contained in these Terms & Conditions.
We will not be responsible for non-performance or delay in the performance of Bill Payment facility that is caused by circumstances beyond its control. Circumstances beyond our control include, but are not limited to, fires, casualty, breakdown in equipment, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism or threat of terrorism, riot, war or other enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or emergency that prevents the Us from operating normally.
Limitation of Liability
Notwithstanding anything contrary contained herein in or any other deed, document or agreement between the Us and the Customer, we shall have no liability to the Customer or any other person for any consequential, compensatory, special or other damages, including without limitation damages for lost profits, or loss or damages from subsequent wrongful dishonor caused by any error, act, delay or omission by the Us.
As long as the we have performed in good faith the Customer shall indemnify Us and hold Us harmless from time to time and at all times from any and all claims, damages, losses, liabilities, and costs or expenses (including legal fees) incurred by the Us, arising due to any delay or loss caused to the Customer due to dishonor of any instruments as a result of availing Bill Payment facility or due to services performed under these Terms & Conditions.
Virus Check (s)
Customer will ensure to prevent the spread of viruses by checking all magnetic tapes, diskettes, cartridges, and all computer software used for transmission of data to the Us. This includes running a virus check program on the computer where the transmission of data to the Us will be originated.
Change of Terms
a. We have the sole discretion to change, add or delete these terms and conditions.
b. We may modify, terminate and/or suspend Bill Payment facility to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
c. Any amendment of these Standard Terms & Conditions proposed by the Customer shall not be effective unless it shall be reduced to writing through an Amendment Form and accepted by us. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the Amendment Form shall prevail.
d. Changed terms and conditions will be displayed on our Internet website. By using the Bill Payment Service, the Customer will be deemed to have accepted the changed terms and conditions.
Term and Termination
These terms & conditions will continue to be in effect until terminated by either party. Either party may terminate the Bill Payment Services without affecting other Services. These terms & conditions shall remain valid until it is replaced by another set of terms & conditions or terminated by either party whichever is earlier. If the Customer suffers distress or execution or commits an act of bankruptcy or goes into liquidation or if a Court Receiver is appointed over any part of the Customer's business / property, then the Us shall have the right to terminate these terms & conditions forthwith by serving the Customer with a written notice to that effect.
Notwithstanding anything contained to the contrary, any rights, liabilities and obligations arising due to the acts done prior to the date of termination shall continue to be binding on the Customer and the Us and the Terms & Conditions shall be valid and binding to that extent.
The Customer agrees to pay applicable service charges to Us for Bill payment Services, as may be agreed between Us and the Customer from time to time, and all statutory dues including service tax, stamp duty, etc payable in respect of these terms & conditions or any other deeds or documents to be executed in pursuance hereof shall be borne and paid solely by the Customer.
Our fee will be disclosed in the form of a Convenience Fee which we reserve the right to charge and recover from the Customer for the Bill Payment Service. Such fees shall be as stated clearly on our website. The Charges shall be debited to the Customer's Point/Credit Account. Failure to pay the charges on or before the specified date will render the Customer liable for payment of interest at such rate as may be stipulated by the Us and/or withdrawal of the Bill Payment Service without any notice to the Customer or liability to the Us. We reserve the right to amend the current fee without any notice.
If any provision(s) of these terms & conditions shall be held to be illegal or unenforceable, the validity of the remaining portions of these Terms & Conditions shall not be affected.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules.
Cancellation of Instruction
All Bill Payment request by the Customer are final and cannot be cancelled after processed. Any amounts owe to the customer by biller are the responsibility of the customer.