ePayPolicy Customer Terms of Service
Last Updated Date: February 6, 2025
ARBITRATION NOTICE: SECTION 34 OF THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS, CLASS-WIDE ARBITRATIONS, OR PURSUE CLAIMS IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL.
epay3, Inc. d/b/a ePayPolicy is committed to transforming the payment experience within the insurance industry by simplifying the payments process for both businesses and their clients. These ePayPolicy Terms of Service (the “Agreement” or these “Terms”) are a binding contract between the Customer (as defined below) and ePayPolicy and its Affiliates (collectively, (“epay3,” “ePayPolicy,” “we,” “our,” or “us”). By using our Services, you acknowledge and agree that these Terms also include, by incorporation, the following terms and policies: Privacy Policy, and Acceptable Use Policy. These Terms govern the use of our “Platform,” which refers to the integrated system, including software, algorithms, hosted services, web interfaces, and other components, available at our Website, through which we offer our Services.
You may choose to add additional features or services offered through ePayPolicy to your User Account (“Additional Services”). These Additional Services may be subject to different or additional terms, which will require you to sign an amendment to your existing agreement. Unless otherwise agreed, these Terms will continue to apply to your use of the Services. Additionally, other terms and conditions may apply to sweepstakes, promotions, referrals, and similar offers. Participation in these events constitutes acceptance of any additional terms, which will be provided at the time of entry.
“Customer,” “you,” and “your” refers to the business organization listed on the service sign-up page that has been approved for use of the Services and has accepted these Terms. These terms also apply to Customer’s employees, agents, contractors, representatives and delegates that access or use the Services. If you are accepting this Agreement on behalf of the Customer (e.g. in your capacity as agent or authorized representative of the Customer), you represent that you have the authority to bind the Customer to this Agreement and that the Customer accepts this Agreement. You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. To use our Services, you must agree to all the terms in the Agreement. If you do not agree to these Terms, do not sign up for our Services or use our Website, as signing up or accessing the Website indicates that you have read, understand, and accept all of the terms and conditions contained in the Agreement, including our Privacy Policy and Acceptable Use Policy.
Any of your clients, such as a business paying for an insurance policy or receiving a payment from you, who has been invited to use our Platform is referred to herein as a “Client”.
To provide our Services, we enter into agreements with third parties that provide payment-related services. These third parties include but are not limited to Payment Networks, banks, payment processors, and other third parties (individually, a “Third Party” and, collectively, “Third Parties”). Third Parties also include each Originating Depository Financial Institution (as defined by the NACHA Operating Rules and Guidelines (the “NACHA Rules”)) we use when providing the ACH Services. We may add or remove Third Parties at any time and at our sole discretion. Third Parties may require that any Customer with a User Account also agree to their specific terms and conditions (“Third Party Terms”). By accepting these Terms and using our Services, you (a) authorize us to work with these Third Parties on your behalf and (b) agree to comply with and be bound by all applicable Third Party Terms, the NACHA Rules and the Payment Network Rules as such terms and rules may be amended from time to time by the applicable Third Party.
If a Third Party (such as a Payment Network or Bank) requires you to enter into a direct agreement with them in addition to these Terms, you authorize ePayPolicy, unless you notify us otherwise in writing, to continue managing your User Account with that Third Party on your behalf under this Agreement. You agree that ePayPolicy retains the exclusive right to manage the Services and its agreements with any Third Parties.
These Terms are effective upon the date you agree to them (by indicating acceptance electronically or in writing) and continue so long as you use the Services or until terminated by you, ePayPolicy, or our Third Parties, subject to the specific provisions mentioned herein that shall survive termination.
Payment Authorization Agreement: By agreeing to these Terms and completing the required payment information to designate a bank account, the Customer hereby authorizes ePayPolicy or its bank or processor to initiate debit/credit entries to Company’s bank account via an electronic funds transfer (a) for recurring payments that you have selected during your User Account sign-up process or thereafter, (b) for all Fees, and (c) any other payments due to ePayPolicy pursuant to these Terms (collectively, the “Payment Authorization”). The Customer authorizes each payment transaction, and this Payment Authorization is in addition to the Payment Authorization provided by you under the TPS Agreement. The Customer also authorizes us (or our bank or processor) to make correcting debits and credits to the bank account used in order to correct errors. The Customer understands that a valid bank account is required to use the Services. If the Customer wishes to revoke its Payment Authorization and discontinue use of the Services, the Customer must notify ePayPolicy at least 30 days in advance by email at support@epaypolicy.com or telephone at (844) 372-9300; provided, however, the Customer understands that this Payment Authorization will remain in effect after termination of these Terms and until all of the Customer’s obligations to pay Fees have been paid in full. In the event the Customer changes its bank account, the Customer will notify ePayPolicy by updating its bank account on file with us, and this Payment Authorization will apply to the new bank account.
1. Definitions
“ACH Entry” means an electronic funds transfer made through the Automated Clearing House (“ACH”) network, governed by NACHA rules, to debit or credit a bank account.
“ACH Services” refers to payment processing services facilitated through the ACH network, governed by NACHA Rules, UCC Article 4A, and the TPS Agreement.
“Administrative Fee” or “Client Fee” means a fee charged to the Client for the Client Services. The fee is applied by us and is not a surcharge imposed by the Customer. The fee is non-refundable and is in addition to any other applicable charges.
“Affiliates” refers to any entity that directly or indirectly controls, is controlled by, or is under common control with a party, including, but not limited to, subsidiaries, and parent companies.
“API” means application programming interface.
“Applicable Law(s)” means all applicable state and federal laws, regulations, regulatory guidelines and guidance, and official commentaries applicable to Customer, ePayPolicy, or the providing of the Services, including without limitation all such regulations, guidelines, and commentaries issued by the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the United States Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”); Operating Circulars issued by the Federal Reserve Banks and applicable to ACH transactions; the OFAC Rules; and the NACHA Rules; in all cases as any of the foregoing may be amended and in effect from time to time.
“Bank” means a financial institution authorized to accept and route transactions for payment processing, including, for purposes of the ACH Services, each ODFI. This includes any third party acting on behalf of, or sponsored by, such a financial institution for these purposes.
“Charge” means an instruction to initiate the transfer of funds, whether as a debit or credit, from a Client’s bank account or payment card to fulfill a payment obligation.
“Chargeback” means a request that a Client files directly with his or her payment card company or card issuing bank to invalidate a processed payment from ePayPolicy.
“Client Services” means the services we provide to a Client, including but not limited to enabling an insurance policyholder or other payor to pay their insurance premiums electronically via the Platform.
“Data Incident” means any unauthorized access, disclosure, alteration, or loss of data, including personally identifiable information (“PII”) and payment card information (“PCI”), whether intentional or unintentional, due to breaches, hacking, malware, or system failures.
“Disclosing Party” refers to the party sharing or making its Confidential Information (as defined in the “Confidentiality” section) available to the other party.
“Dispute” means any claim or controversy between you and ePayPolicy, including those related to this Agreement (its breach, termination, and interpretation), our relationship, and your use of our Services. This includes claims arising before or after the termination of this Agreement.
“IP Rights” means all patent rights; copyright, including rights in derivative works; moral rights; rights of publicity; trademark, trade dress and service mark rights; goodwill; trade secret rights; and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
“ODFI” or “Originating Depository Financial Institution” means a financial institution that transmits ACH Entries to the ACH Network for clearing and ultimate settlement with recipients on behalf of third-party senders and Originators (as defined in the NACHA Rules).
“OFAC Rules” means the rules, regulations and sanctions programs issued or administered by the U.S. Department of the Treasury and its Office of Foreign Assets Control (“OFAC”), including but not limited to (a) those limiting transactions and financial relationships with Persons on the list administered by OFAC and known as the Specifically Designated Nationals and Blocked Persons List; (b) those restricting dealings with certain countries, regions, regimes, vessels, entities and individuals; and (c) 31 C.F.R. Chapter V.
“Originator” refers to a person or entity that originates/initiates an ACH Entry and has directly, or indirectly via a Third-Party Sender, authorized an ODFI to transmit such ACH Entry to the ACH Network.
“Payment Network” means Visa Inc., Mastercard International Inc., American Express Corp., Discover Financial Services, any affiliates of these entities, and any other provider of a payment method that we may at our discretion accept as a payment method from time to time in connection with the Services.
“Payment Network Rules” means the guidelines, bylaws, rules, and regulations imposed by the Payment Network that operate payment methods supported by ePayPolicy from time to time.
“Payout Schedule” refers to the timeframe for initiating a transfer of settlement funds to your designated bank account for transactions processed through the Services.
“Personally Identifiable Information” or “PII” refers to any information that can be used to identify an individual, including, but not limited to, names, addresses, email addresses, phone numbers, social security numbers, and any other data that, when combined with other information, can reveal an individual’s identity.
“Prohibited Third Parties” refers to individuals, entities, or services that you have not explicitly authorized as Administrators, regardless of whether you have given them consent or permission.
“Receiver” means a person or organization that has authorized an Originator to initiate an ACH Entry to the Receiver’s account at the receiving depository financial institution (“RDFI”).
“Receiving Party” refers to the party receiving or gaining access to the Confidential Information disclosed by the Disclosing Party.
“Refund” means an instruction initiated by you to return funds to a Client for an existing Charge or ACH debit Entry.
“Rejected Transaction” means a Chargeback of a payment card transaction or return of an ACH transaction or a Reversal.
“Reversal” means an event whereby ePayPolicy reverses the settlement of funds from a processed transaction received because: (a) the card transaction is invalidated by the card issuer; (b) the settlement funds were sent in error by (i) ePayPolicy or our Third Parties, (ii) the processors, suppliers or licensors of ePayPolicy or our Third Parties, or (iii) any of the respective affiliates, agents, directors and employees of any of the entities listed in (i) or (ii) above; (c) the sender of the payment did not have authorization to send the payment (e.g. if the buyer/sender used a card that did not belong to the buyer/sender); (d) you received a payment for activities that violated these Terms, any Third Party Agreement, or any other ePayPolicy agreement or terms; or (e) ePayPolicy decided a claim or challenge to a payment that you or a Client files directly with ePayPolicy against you.
“Services” refers to all products, features, our Platform, software, programs, documentation, tools, Internet-based services, components, content, data, images, blogs, and any related materials provided by ePayPolicy. This includes, but is not limited to, updates, upgrades, enhancements, modifications, bug fixes, patches, maintenance releases, support services, service information, help content, and any additional services or functionalities that may be offered by ePayPolicy now or in the future.
“Subscription Fee” means the recurring fee charged to the Customer for access to the Services. The Subscription Fee applicable to the Customer shall be ePayPolicy’s currently published rates available on the Website.
“Website” means www.epaypolicy.com and its subdomains and any other URL that we may designate from time to time to provide the Services.
2. Designating an Administrator and Registering for a User Account
To access our Services, you must create an ePayPolicy Customer account (“User Account”). You acknowledge and agree that, from time to time, another person or entity may submit or modify transactions on your behalf, including, without limitation, owners, principals, employees, officers, accountants or other designated third parties. Such a person or entity is referred to herein as an “Administrator.” You agree that all actions of an Administrator, or anyone that we reasonably believe to be you or an Administrator, will be deemed to be your actions under this Agreement, and you accept full responsibility and liability for all acts and omissions of an Administrator. This includes any instructions we are asked to take on your behalf whether orally (e.g., via videoconference or telephone) or in writing.
Each Administrator is required to register their email address and create a password for their Administrator profile. We may request additional identification and authentication details from each Administrator to facilitate access to their profile. The Customer is responsible for ensuring that all Administrators safeguard their login credentials, including passwords, phone numbers, and any other authentication information required for accessing the Administrator profile, and must keep this information confidential. Additionally, the Customer is responsible for ensuring that Administrators comply with these Terms. We may review the Customer and Administrator’s conduct for compliance purposes but are not required to do so.
You agree not to grant access to your User Account or disclose your login credentials to any Prohibited Third Parties. You accept all risks associated with the unauthorized use of your User Account. You must notify ePayPolicy immediately if you suspect that your User Account credentials or any related profiles, such as those of an Administrator, have been compromised. ePayPolicy reserves the right to suspend your User Account if we have reason to believe that it has been accessed without authorization.
You agree to promptly notify ePayPolicy of any changes to the information you provided during registration. Providing false, misleading, or incomplete information, or failing to update ePayPolicy about any changes, will be considered a breach of these Terms and may result in suspension or termination of your User Account.
3. Identity and Bank Account Verification
To comply with Applicable Laws, including anti-money laundering and other regulatory requirements, the Customer must provide accurate and complete information necessary to verify its identity and activities when registering for a User Account. This may include information about individuals or entities associated with your User Account.
We may also request supporting documentation to confirm the information provided. All collected information is used to ensure compliance with legal obligations, enhance the security of our Platform, and protect against fraud.
For more details on how we collect, use, and protect your data, please refer to our Privacy Policy.
You represent and warrant that all information provided to ePayPolicy, is correct, current, truthful, accurate and complete. You acknowledge that any false, misleading, or incomplete information may result in the immediate suspension or termination of your User Account and the Services. You acknowledge that ePayPolicy may share this information with its Third Parties, each of whom may also assess your eligibility for the Services. ePayPolicy reserves the right to request additional information to evaluate eligibility for a User Account and to deny eligibility at its sole discretion for any reason. The Customer will be notified if its User Account is deemed ineligible for use of the Services.
Following registration for a User Account, you agree to promptly update any information as needed and provide additional information if requested by ePayPolicy for purposes of, including, but not limited to, verifying identity, complying with beneficial ownership regulations, assessing business risk, and determining eligibility for the Services. You further agree that ePayPolicy shall not be liable for any losses, damages, or penalties arising from the Customer’s failure to provide accurate information or to update such information as required.
As part of our User Account setup and ongoing compliance processes, the Customer is required to verify its bank accounts. The bank account must be a United States bank account, and you must provide us with specific information related to your bank account, including, but not limited to, the bank name, bank account number, and routing number. You are solely responsible for ensuring that the information you provide is accurate and complete. Please note that you cannot submit bank account information on behalf of a third party. Any attempts to do so may result in the suspension or termination of your access to our Services. We reserve the right to request additional documentation or information as needed to complete the verification process.
You authorize ePayPolicy to conduct ongoing reviews of your User Account to ensure your continued eligibility to use the Services. You also grant ePayPolicy and Third Parties the right to obtain information about you from third parties for the purpose of verifying your eligibility for a User Account and continuously evaluating your eligibility status. As part of this process, you may be required to provide additional information and documentation periodically, as needed to comply with the requirements of our Third Parties. You consent to the collection, use, and disclosure of such information for these purposes.
4. Compliance with Applicable Laws and Payment Network Rules
ePayPolicy is committed to adhering to all Applicable Laws, including without limit Article 4A of the Uniform Commercial Code (“UCC”) (as adopted by Texas). By registering for a User Account, you confirm that you are authorized to conduct business in the United States and are a business entity recognized by your state. While ePayPolicy may provide Services to businesses in other countries, these specific Terms apply exclusively to U.S. businesses and do not extend to transactions or services involving international clients.
You acknowledge and agree to comply with these Terms, Third Party Terms (as defined in the “Payment Processing Services” section) and all Applicable Laws, including the Payment Network Rules. You are prohibited from processing payments, accepting transactions, or receiving funds on behalf of any third party not expressly authorized under this Agreement. Additionally, all payments initiated through our Services must be directed to the designated receiving bank account identified in your User Account. You may not redirect payments to any other party unless required by law or expressly approved by us in writing. Any violation of this provision constitutes a material breach of this Agreement and may result in immediate suspension or termination of your User Account. You will not initiate any payments, debits or credits that violate U.S. law or that violate our Acceptable Use Policy.
You acknowledge receipt of and agree to comply with the Payment Network Rules, which are updated regularly (usually every six months) by the Payment Networks. Links to the publicly available rules are as follows, which URL links may be updated by a Payment Network from time to time in its sole discretion and without notice to you:
- Visa: Visa Core Rules and Visa Product and Service Rules available at https://usa.visa.com/content/dam/VCOM/download/about-visa/visa-rules-public.pdf
- Mastercard: Mastercard Rules available at https://www.mastercard.us/content/dam/public/mastercardcom/na/global-site/documents/mastercard-rules.pdf
- American Express: Merchant Operating Guide available at www.americanexpress.com/merchantopguide
ePayPolicy reserves the right to suspend your User Account, place a hold on your funds as permitted under UCC Article 4A, or terminate this Agreement without prior notice if we determine, at our sole discretion, that you or your representatives are designated as a Specially Designated National, fall under a country-based sanction program, or attempt to transfer funds to a sanctioned country or recipient. Additionally, you may not export the Services, which may be subject to U.S. export restrictions, including the U.S. Export Administration Regulations (15 C.F.R. Chapter VII).
You agree that all transactions submitted through our Services are bona fide and conducted for permitted purposes, involving the legitimate exchange of funds for goods and/or services. All transactions must accurately describe their purpose and comply with Applicable Laws, including tax obligations. You agree to fulfill all obligations to your Clients, resolve disputes directly, and use the Services solely for lawful and authorized business purposes. Additionally, you affirm that you are not listed on any prohibited or restricted persons lists maintained by U.S. authorities and will not use the Services for fraudulent or illegal activities.
ePayPolicy makes no representations that the Services are appropriate or available for use in locations outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. You may not use the Services from a country embargoed by the United States, or if you are a person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
5. Third-Party Sender Originator Agreement
As a Third Party Sender under the NACHA Rules, ePayPolicy facilitates electronic payment transactions on behalf of its Customers (“Originators“). In this capacity, ePayPolicy has a contractual relationship with the Originating Depository Financial Institutions (“ODFI”) to process ACH transactions. We will establish one or more clearing accounts and submit ACH Entries on your behalf to our ODFIs, which includes First National Bank of Omaha (“FNBO”) and Wells Fargo, National Association (“Wells Fargo”). By using the Services, you, as the Originator, authorize ePayPolicy to initiate ACH debits and credits to and from your bank accounts in compliance with Applicable Law and the NACHA Rules. You authorize ePayPolicy and our ODFIs to execute payment instructions as provided by you. This includes the authority to initiate ACH debits and credits on your behalf to the designated funding method and the bank accounts of the intended recipients. This authorization encompasses both debiting and crediting your chosen funding method and facilitating the transfer of funds according to your instructions. Additionally, you permit ePayPolicy and our ODFIs to share relevant information with your designated Client.
You may not initiate International ACH Transactions (“IAT”) through our Services. ePayPolicy and/or the ODFIs reserve the right to restrict the types of Entries you may originate and to reject or refuse processing for any Entry that does not comply with these agreements or Applicable Laws. You are fully responsible for correcting any ACH Entries rejected by ePayPolicy or the ODFI prior to resubmission. We reserve the right to restrict the types of ACH Entries you may originate and will transmit ACH Entries on your behalf to the ODFI that fall within the permitted ACH Standard Entry Class Codes as governed by NACHA Rules. We may modify your transaction limits at any time upon reasonable notice, with those limits displayed on the ePayPolicy Platform and established based on our risk review.
You shall obtain from each Receiver whose account will be debited or credited as the result of an Entry originated by the Customer, a proper authorization as required by the Rules (a “Receiver Authorization”) whether the authorization is for a one-time entry or recurring entries. You represent and warrant as to each ACH Entry that it has obtained the necessary authorizations under the Applicable Rules, including NACHA Rules, and that you shall not initiate any funds transfer after the authorization for the same ACH Entry has been revoked (or the agreement between you and TPS has been terminated). The Originator is responsible for ensuring that all necessary authorizations from the Receivers have been obtained prior to any transaction initiation. ePayPolicy reserves the right to engage and collaborate with various Third Parties to facilitate these payment transactions.
The Originator acknowledges that they are ultimately responsible for the authorization and retention of transaction records as required by the NACHA Rules. You must retain the original or a copy of each written Receiver Authorization, or a readily and accurately reproducible Record evidencing any other form of Receiver Authorization, for at least six (6) years after termination or revocation of such authorization as stated in the Rules. Upon request, the Customer shall furnish the original or a copy of each Receiver Authorization to ePayPolicy, the ODFI, and any other affected participating depository financial institution. The Customer shall ensure that all authorization requirements of the NACHA Rules for each SEC Code are satisfied and in compliance with the NACHA Rules. ePayPolicy shall not be liable for any ACH return, reversal, or other failure (or any related costs) arising from your acts and omissions, including failure to obtain your Client’s authorization for a debit entry to your Client’s account.
The Originator shall be solely responsible for providing all necessary support and assistance to its Clients in connection with the Services provided under this Agreement. This includes, but is not limited to, addressing any errors, disputes, or issues arising from the initiation, processing, or execution of payment transactions. The Originator agrees to take immediate action to correct any errors or discrepancies and to ensure that all transactions comply with Applicable Laws, NACHA Rules and any relevant Third Party Terms.
You: (a) assume the responsibilities of and makes the warranties of an Originator under the Operating Rules of the NACHA Rules and agrees to reimburse ODFI for returns, reversals, adjustments, reclamations, and warranty claims and responsibilities related to Company’s ACH Entries; (b) agree to comply with the NACHA Rules, including but not limited to the requirements of Article Two (Rights and Responsibilities of ODFIs, Their Originators and Third Party Senders), Rule 2.15 (Obligations of Third-Party Senders, and of ODFIs and Originators that Use Third Party Senders) and Rule 2.5.17 (Specific Provisions for Web Entries), (c) agree to comply with Applicable Laws, including but not limited to sanction laws administered by the OFAC, the Electronic Funds Transfer Act, the Unlawful Internet Gambling Enforcement Act, the Federal Reserve Board and the Consumer Financial Protection Bureau’s Regulation E (the foregoing and the ACH Rules are, collectively, the “Applicable Rules”); and (d) acknowledges that ACH Entries may not be initiated that violate the laws of the United States, including but not limited to the sanctions laws, regulations, and orders administered by OFAC, laws, regulations, rules, and orders administered by the FinCEN, and any state laws, regulations, or orders applicable to the providers of ACH payment services. The Customer agrees that the performance of any action by ePayPolicy to initiate debit or credit Entries on the Customer’s behalf as otherwise permitted by the Rules is excused to the extent that the action is inconsistent with Applicable Law, including without limit the obligations of ePayPolicy under OFAC or any regulations administered by FinCEN.
You understand that ODFI has the right to: (a) review, monitor, and audit your ACH transactions, processes, and procedures for compliance with this Agreement and the NACHA Rules; (b) restrict or limit the amount or type of ACH Entries processed for you; and (c) suspend, discontinue, or terminate ACH processing based on its assessment of the risk posed to the ODFI and/or the breach or termination of its agreement with TPS. You are responsible for the results of using a TPS, the services, and for the accuracy and adequacy of the data you or TPS provides. You authorize ODFI to act on any instruction which has been or reasonably appears to have been sent by TPS or you, including but not limited to funds transfer instructions. ODFI is not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if it or the TPS provides ODFI with incorrect information or if there is any error in the instruction it accepts full responsibility for losses resulting from any of the errors, duplication, ambiguities, or fraud in the information that was provided to ODFI.
ODFI is not responsible to third parties (such as, but not limited to, third party service providers and the third parties to whom wire or ACH debit or credits are transmitted hereunder) and you shall defend, indemnify, and hold ODFI harmless from, the actions or omissions of TPS, or any claim made against ODFI arising out of your use of the services, breach of this Agreement, or breach of any warranty under the Rules.
6. Notice Regarding Non-Consumer ACH Credit Transaction
Transmission of Entries: The rights and obligations of you as the Originator concerning these ACH Entries shall be governed by the laws of the State of Texas, unless otherwise expressly agreed upon in writing.
Provisional Credit: The credit you receive from the RDFI for your ACH credit entry is provisional. This means that the credit is not final until the RDFI receives actual settlement for that entry through a Federal Reserve Bank or as specified under Article 4A of the UCC.
Refund Rights: If the RDFI does not receive final settlement or payment for your entry, you acknowledge and agree that the RDFI has the right to reverse the provisional credit by refunding the amount credited to your bank account. In such cases, the party that initiated the payment (the Originator of the entry) shall not be considered to have fulfilled their payment obligation.
7. Service Availability
The availability of our Services, including payment processing options and other features, may vary based on your location or that of your Clients. These variations may be due to applicable state regulations, licensing requirements, or operational considerations. You agree to comply with any usage limitations or restrictions that we place on the Services and implement measures, such as geographic filtering to prevent restricted or prohibited activities. Additionally, you agree to configure your systems to comply with these requirements and regularly review them to ensure ongoing adherence.
We reserve the right to modify the availability of our Services and features at any time to comply with Applicable Law or for operational reasons. We will make reasonable efforts to inform you of any significant changes through updates to these Terms or via direct communication.
8. Payment Processing Services; Client Services
Our Platform facilitates efficient processing of payments for insurance policy premiums and related services, utilizing various payment methods, including ACH (subject to the TPS Agreement), check, and payment cards. ePayPolicy reserves the right to add or remove one or more payment methods and supported payment cards at any time at its discretion. ePayPolicy provides the Client Services to Clients using proprietary software that we developed, which is supported by our cloud-based infrastructure and is designed to reduce fraudulent payments through the use of certain fraud tools.
In connection with the Client Services, your Clients will be charged an Administrative Fee. The fee charged by ePayPolicy is for the separate and distinct service that we provide to Clients and we collect and retain the entire fee. This is not a fee charged by you.
In addition to these Client Services, we offer a range of Services that allow Customers to manage payments to various partners within the insurance ecosystem, including but not limited to sending invoices to and reconciling payments from Clients.
9. Propay and Adyen Payment Processing
By using our Services, which utilize Propay, Inc. and Adyen as Third Parties, you acknowledge and agree to ProPay’s “Terms of Use” (found at https://www.propay.com/enus/Legal/ProFac-Sub-merchant-Terms-and-Conditions) and Adyen’s “Adyen For Platforms Terms and Conditions” (found at https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms), which govern the Services.
You are entering into a direct contractual relationship with Adyen, and ePayPolicy will assist and support you in utilizing that portion of the Services that are provided by Adyen, offering first-line assistance and facilitating your connection to Adyen’s systems. You authorize Adyen to provide us access to your data and settings within their systems, on your behalf, to facilitate the delivery of Adyen’s services in connection with the Services. The right to use the Services is granted solely for sales conducted in your name; you may not resell or allow third parties to utilize these Services. Additionally, you confirm that you will only use the Services for the products or services registered in your application, which you represent and warrant do not contain any products or services outlined in Adyen’s Prohibited Products and Services list (found at https://www.adyen.com/legal/list-restricted-prohibited). In the event of your non-compliance with this section, we may terminate or suspend your access to the Services and/or may terminate this Agreement immediately upon notice to you.
10. Payout Schedule
You acknowledge that funds paid to you by your Clients through the ACH Services will only be available to you after the ODFI receives final settlement. Typically, settlement funds will be credited to your bank account within one to four business days after we initiate the payout. We are not responsible for any actions taken by the institution holding your bank account that may prevent some or all of the funds from being credited to your bank account or made available to you, nor for any delays caused by that institution.
We reserve the right to modify the Payout Schedule or suspend payouts to your bank account if we determine it is necessary due to pending disputes, excessive or anticipated Chargebacks, Rejected Transactions, Reversals, Refunds, returns, suspicious activity (such as suspected or actual fraudulent activity) or requirements imposed by Applicable Law or court order. Additionally, we reserve the right to withhold settlements to your bank account upon termination of these Terms if we reasonably believe that we may incur losses due to credit, fraud, or other legal risks associated with your User Account.
11. ACH Refunds, Returns, and Rejected Transactions
In the event that ePayPolicy provides you with provisional credit for an ACH transaction and the ODFI does not receive final settlement, the ODFI is entitled to a refund for the amount of the provisional credit. You agree to be responsible for any such refunds. ePayPolicy reserves the right to seek reimbursement for any refunds or amounts charged to us by the ODFI in connection with the ACH Services as outlined in these Terms. ePayPolicy will only process transactions that have been authorized by the applicable Payment Network, Bank, or Third Party providing transaction services. ePayPolicy does not guarantee or assume liability for transactions that have been authorized and completed but may later be classified as Rejected Transactions or identified as fraudulent. You are solely responsible for all Rejected Transactions, regardless of the cause or timing of such transactions.
12. Chargebacks
A Chargeback may result in the reversal of a transaction, leading to a deduction from your bank account and potential adjustments. If the funds debited from your bank account or settlements from other transactions do not cover your obligations, ePayPolicy may exercise its rights under these Terms to recover any outstanding amounts. Additionally, if we reasonably anticipate a Chargeback for any transaction, we may withhold the disputed amount from any payments due to you.
You and ePayPolicy may choose to contest any Chargebacks applied to your bank account. While we can provide assistance, including notifications and software, we assume no liability for our role in this process. You agree to provide us with the necessary information promptly and at your expense to investigate or resolve any Chargeback. You authorize us to share relevant records with the cardholder, their financial institution, and your financial institution for dispute resolution. Failure to provide accurate and timely information may lead to an irreversible Chargeback. If the dispute is not resolved in your favor by the cardholder’s issuing bank or the applicable Third Party, we may recover the Chargeback amount and any related fees from you, as outlined in these Terms.
If we or a Third Party determine that you are incurring excessive Chargebacks, this may result in additional fees, penalties, or fines. Excessive Chargebacks may also lead to increased controls and restrictions on your access to the Services, which may include establishing or increasing reserve funding requirements, higher applicable fees, or delays in your payout schedule. In severe cases, it may result in the suspension or termination of your User Account and access to the Services. One or more Third Parties may implement additional controls or restrictions as part of their monitoring for merchants with excessive Chargebacks.
13. Card Refunds and Returns
You agree to submit all refunds and adjustments for returns of your products or services through ePayPolicy Services to the cardholder’s card, in accordance with these Terms and the applicable Payment Network Rules. Refund amounts must not exceed the original sale amount. You will make every effort to submit all refunds within 30 days of the original transaction date, and under no circumstances later than one year after the original transaction date. For all processed refunds, you are immediately liable to ePayPolicy for the full amount of the refund. If your bank account balance is insufficient to cover this, ePayPolicy reserves the right to recover the outstanding amounts as outlined in these Terms. You are solely responsible for managing returns of your products or services; ePayPolicy has no obligation to facilitate or enforce returns on your behalf.
14. Reconciliations and Errors
You must notify us of any discrepancies in your transaction history (payment card or ACH) within 30 days of the error first appearing on your online User Account, transaction report, or any statement provided by us. We will investigate reported discrepancies and correct any errors. Failure to notify us within this 30-day period may result in a waiver of your rights to recover amounts related to the error, and we will not be liable for any loss resulting from your failure to act within this timeframe.
If you submit or discover erroneous transactions, you agree to contact us immediately. We will investigate and correct any errors, and you must provide all necessary information for the investigation in a timely manner at your own expense. If an error results in funds owed to ePayPolicy, you are liable for the full amount, including any related fees, costs, or penalties (including those from Third Parties). ePayPolicy may deduct this amount from settlement funds owed to you. If those funds are insufficient, ePayPolicy may recover the outstanding balance as outlined in these Terms. You are solely responsible for handling reconciliations and errors related to your products and services, and ePayPolicy holds no liability for these. You may also be responsible for any fees incurred by ePayPolicy in resolving errors.
15. ePayPolicy Fees
Subscription Fees. To access the Services, including the ability to use a payments page, you must sign up for a Service subscription. By reaching out to us and completing the sign-up process, you agree to pay the Subscription Fees assessed by ePayPolicy, which Subscription Fee shall be equal to ePayPolicy’s currently published subscription rates for the level of Service you select. Subscription Fees are subject to applicable promotions or discounts, which may allow certain users to access the Services at a reduced rate or no cost for a limited period. If you initially receive free or promotional access, your subscription may automatically convert to a paid plan at the end of the promotional period unless you cancel before the conversion date. ePayPolicy’s current subscription rates are available on the Website
Client Fees. When a Client uses the Client Services, the Client will pay the Client Fee at the time of checkout. These fees are distinct from the Subscription Fee. You have the option to waive the Administrative Fee charged to the Client and pay the Administrative Fees to ePayPolicy on the Client’s behalf.
Other Service Fees. You may have the option to sign up for additional services (e.g., CheckMate and Payables Connect) that we may offer from time to time and the fees for such services are in addition to the Subscription Fee. Fees (defined below) applicable to such additional services will be communicated to you prior to signing up for those services. A separate agreement or addendum outlining the specific fees and terms for the services will be provided to you for review and acceptance before such services are activated.
The term “Fees” refers to any and all amounts you are required to pay to us for the use of our Services. This includes, but is not limited to, Subscription Fees, penalties, fines, Client Fees that you elect to pay, and any other charges associated with accessing or using the Platform, Services, or any related features. You acknowledge you are responsible for any fees, costs, expenses, penalties, or fines imposed on ePayPolicy or imposed directly on you by any of our Third Parties as a result of your activities.
Fees will be debited from your bank account(s) in accordance with your Payment Authorization or netted against other funds due to you. You agree to pay the Fees regardless of whether sufficient funds are available in your bank account or if other funds are due to you.
We reserve the right to change our Fees at any time by providing you with at least thirty (30) days’ notice before the changes take effect. Your continued use of the Services after the new Fees take effect will constitute your acceptance of the revised Fees. If you terminate the Agreement due to a fee increase, any outstanding fees for services already rendered will remain payable.
All Fees paid are non-refundable and deemed fully earned upon payment. You acknowledge and agree that no refunds or credits will be provided under any circumstances, including but not limited to, termination or suspension of your User Account or changes to the Services.
16. Suspension or Termination
We may suspend or terminate your access to the Services and/or this Agreement and close your User Account at any time for any reason upon notice to you. This includes, but is not limited to, the following reasons: (a) we determine, in our sole discretion, that you are ineligible for the Services due to associated risks, such as credit, fraud, or reputational concerns; (b) you provide false or misleading information; (c) you fail to comply with these Terms, any agreement for any Additional Service (including without limit the TPS Agreement); (d) you fail to comply with any Applicable Law; or (e) you fail to comply with any Third Party Terms. We reserve the right to decline or suspend any transaction that we believe violates these Terms or exposes us or others to harm.
You may terminate this Agreement by closing your User Account with thirty (30) days’ written notice to us. Upon closure, any pending transactions will be settled. If an investigation is ongoing at the time of closure, we may retain your funds until the investigation is resolved.
Upon termination, you agree to continue fulfilling your obligations under this Agreement and will cease using the Services. Termination does not absolve you of any outstanding Fees or liabilities incurred prior to the termination. Funds held in our custody will be disbursed to you but may be retained pending the resolution of any outstanding obligations or investigations, including but not limited to, Refunds or Chargebacks.
17. Security Obligations
You agree to comply at all times with the Payment Card Industry Data Security Standards (“PCI-DSS”) and, where applicable, the Payment Application Data Security Standards (“PA-DSS”). Your obligations for compliance will depend on how you implement the Services. Upon request, you agree to promptly provide us with documentation demonstrating your compliance with PCI-DSS and/or PA-DSS. You further agree to use only PCI-compliant service providers for the storage, processing, or transmission of cardholder data, including but not limited to, account numbers, expiration dates, and CVV2, which must never be stored. Failure to comply with these standards or to provide evidence of compliance may result in suspension of your User Account or termination of this Agreement.
You are responsible for establishing and maintaining commercially reasonable security measures to protect against unauthorized access or transmissions when using the Services. These security measures must include, at a minimum, Transport Layer Security (“TLS”) 1.2 or higher for data in transit and Advanced Encryption Standard (“AES”) 256-bit encryption for data at rest, particularly for the entry and transmission of card transactions and/or ACH entries over the Internet. You also agree to regularly update and patch systems handling Payment Card Industry or PII to mitigate vulnerabilities and ensure network security. Additionally, you agree to implement controls that restrict access to sensitive data, enforce proper supervision for the initiation of transactions, and safeguard all security credentials and passwords provided to you in connection with our Services.
In the event of a Data Incident, you are responsible for immediately notifying us upon becoming aware of the incident, but no later than 24-72 hours after detection. You are also responsible for taking all necessary actions to investigate and remedy the Data Incident, including complying with all applicable legal requirements regarding breach notifications to individuals, regulators, or other parties. You agree to provide us with relevant information and records to support any investigation related to the Data Incident, as required by law or reasonably requested by us.
We may take independent action to protect the security and integrity of the Services, including suspending your User Account if we determine it is necessary. However, the legal responsibility for notifying affected individuals, regulators, and other parties under Applicable Law remains solely with you, and you agree to bear all costs associated with remediation efforts unless the incident is solely due to our actions in violation of this Agreement or Applicable Law.
18. Audit Right
If we believe that a security breach, compromise of data, or other violation of any Applicable Law has occurred, we may require you to engage a third-party auditor, approved by us, to conduct a comprehensive security audit of your systems and facilities. This auditor will issue a report detailing the findings of the audit, which must be provided to both ePayPolicy and any relevant Third Parties.
You further agree to permit ePayPolicy, its Third Parties, and its designated third parties to audit, inspect, and review your policies and processes for purposes of ensuring your compliance with these Terms, NACHA Rules, Payment Network Rules, and any other Applicable Laws and regulations. You also agree to cooperate fully with any such audit and to respond to reasonable requests for information necessary to complete the audit in a timely manner.
Failure to comply with these audit and review requirements will result in the immediate termination of this Agreement and your access to the Services, at the sole discretion of ePayPolicy.
19. Responding to Legal Process
ePayPolicy may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, regulatory request, regulatory order or other legal order (“Legal Process”) that we believe to be valid. This includes responding to UCC liens that may be submitted by your creditors. In such cases, compliance with Legal Process may result in the suspension or termination of your User Account. We may deliver or hold any funds or, subject to the terms of our Privacy Policy, any information as required under such Legal Process, even if you are receiving funds on behalf of third parties. ePayPolicy is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Legal Process.
20. Confidentiality
You and ePayPolicy acknowledge that, during the course of your relationship, each party may disclose to the other certain confidential or proprietary information related to their respective businesses (“Confidential Information”). Confidential Information means any information disclosed by one party to the other, whether directly or indirectly, in writing, orally, or through tangible objects (such as documents, data, prototypes, or samples), that is designated as confidential or is reasonably understood to be confidential under the circumstances of disclosure. This includes, but is not limited to, business strategies, financial data, customer and employee information, pricing, software, technical data, legal agreements, marketing plans, policies, procedures, security reports and questionnaires, proposals, techniques, or any other information related to the Disclosing Party’s operations or services.
Confidential Information does not include information that:
- is or becomes publicly available through no fault of the Receiving Party;
- is lawfully provided to the Receiving Party by a third party not bound by a confidentiality obligation;
- is independently developed by the Receiving Party without use of or reference to a Disclosing Party’s Confidential Information, as shown by regularly kept business records of the Receiving Party; or
- is required to be disclosed pursuant to a subpoena, court order, regulatory requirement, or other Legal Process, provided that reasonable efforts are made to limit the disclosure and maintain confidentiality where permitted by law.
The Receiving Party shall not disclose, distribute, or otherwise make available the Disclosing Party’s Confidential Information to any unauthorized third party without the prior written consent of the Disclosing Party. Each Party agrees that it shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the Disclosing Party. The obligations under this section shall survive termination of these Terms. A breach of this section may result in immediate termination of these Terms by the Disclosing Party, in addition to any other remedies available under Applicable Law.
21. License and Intellectual Property Rights
ePayPolicy grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use the Services in a manner consistent with these Terms and other legal agreements provided to you (the “License”). This License does not allow you to reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any portion of the Services. You will be entitled to download updates to the Services whenever ePayPolicy makes them available, subject to any additional terms made known to you at that time.
The Services are licensed to you, not sold. We retain all rights not expressly granted to you in these Terms. The Services are protected under copyright, trade secret, trademark, and other intellectual property laws. We hold all interest, title, and worldwide intellectual property rights in the Services and any copies thereof; nothing in these Terms transfers any ownership rights to you. These Terms do not grant you any rights to ePayPolicy trademarks or Services, except as explicitly outlined herein.
You agree not to:
- Alter, modify, or create derivative works from any part of the Services or any associated software;
- Recompile, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms, or underlying structures of the Services; or
- Use the Services in any manner that infringes upon our intellectual property rights or violates these Terms.
Certain logos, designs, names, titles, words, or phrases found on our Website may constitute trademarks, service marks, or trade names belonging to ePayPolicy, its suppliers, or third parties. Unauthorized use of any trademarks, service marks, or trade names belonging to ePayPolicy, its suppliers, Third Parties, or other third parties is strictly prohibited without prior express written consent.
ePayPolicy may terminate your License at any time and without prior notice if you use the Services in a manner that violates this License or any provisions outlined in these Terms. This includes, but is not limited to, unauthorized use, misuse, or any actions that could harm the integrity, security, or reputation of ePayPolicy or its Services.
22. Copyright Policy
We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”). If you are the copyright owner or authorized to act on behalf of the copyright owner and believe that your copyrighted work has been infringed upon, please provide our designated copyright agent with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on our Website;
- Your contact information, including your name, address, phone number, and email address;
- A statement indicating that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information you provide is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- Your electronic or physical signature.
Please send your DMCA notice to our designated copyright agent at:
Legal Department
epay3, Inc.
5000 Plaza on the Lake, Suite 200
Austin, TX 78746
legal@epaypolicy.com
Upon receipt of a valid DMCA notice, we will take appropriate action to remove or disable access to the infringing material. If the infringing material was posted by a user, we will notify the user and remove or disable access to the material.
23. User-Generated Content and Testimonials
By submitting, posting, or otherwise making available any content (e.g., feedback or ideas), including but not limited to, text, images, videos, or other materials (collectively, “User Content“) through our Services, including but not limited to email, social media, forums, or other communication channels, you grant ePayPolicy a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and fully transferable and sublicensable right to use, reproduce, distribute, modify, display, and perform the User Content in connection with the operation of our services. To be clear, if you submit an idea or other feedback to ePayPolicy, you forfeit all rights and claims to ownership of such idea.
You represent and warrant that:
- You own or have all necessary rights to submit the User Content and grant the rights described herein;
- The User Content does not infringe, violate, or misappropriate any third-party rights, including but not limited to, copyright, trademark, privacy, or publicity rights; and
- The User Content complies with all Applicable Laws and does not contain any harmful, offensive, or otherwise objectionable material.
We reserve the right, but are not obligated, to monitor, remove, or edit User Content at our sole discretion, including if we determine it violates our policies or Applicable Law. You are solely responsible for the User Content you submit and agree to indemnify and hold ePayPolicy harmless from any claims arising out of or related to your User Content.
By submitting a testimonial to ePayPolicy, you grant us the right to use your feedback in marketing materials, on our Website, and in other promotional contexts. We may attribute your testimonial to you by Customer and/or name or initials, at our discretion. By providing a testimonial, you confirm that it does not contain false or misleading statements and complies with all Applicable Laws.
24. Cellular/Mobile Phone Communications
By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such communications for non-marketing purposes. You may opt-out of receiving calls at any time by contacting us directly. Calls may incur access fees from your cellular provider.
25. Recording of Communications
By using our Services, you acknowledge and agree that all communications, including but not limited to, cellular/mobile phone communications, video conference conversations, as well as data transmissions between our agents made in connection with this Agreement may be recorded and retained by us by use of any reasonable means. ePayPolicy shall not be obligated to make such recordings. By participating in such communications, you consent to the recording. If you do not consent to being recorded, you must notify the meeting or call-host prior to the start of the communication or refrain from participating.
26. Customer Referrals
You may invite business contacts or colleagues to use our Services through our referral program page. When you invite others, we will send them a one-time email for that referral. By using our referral program, you warrant that you will (a) only send invitations to people you know; (b) not misrepresent your relationship with ePayPolicy or make any warranties on behalf of ePayPolicy; and (c) comply at all times with these Terms and Applicable Laws. This section is specifically related to the customer referral program and is not intended to address or create a referral partnership or business relationship with ePayPolicy. Any agreements regarding referral partnerships are addressed in separate legal agreements.
27. Tax Obligations and Reporting
You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes associated with your use of ePayPolicy’s Services. This includes, but is not limited to, sales tax, use tax, withholding taxes, and any other similar taxes or charges imposed by local, state, or federal government entities. ePayPolicy will not determine, calculate, collect, or remit taxes on your behalf, except as required by law. ePayPolicy may remit sales tax for any taxable sales, where required by law.
In certain cases, ePayPolicy or its Third Parties may have tax reporting responsibilities, including reporting gross payment amounts processed through the Service to the Internal Revenue Service (“IRS”) or state tax authorities via Form 1099-K, or other applicable forms. You acknowledge that ePayPolicy or its processors may use and disclose your taxpayer information, including your Tax Identification Number (“TIN”), for the purposes of fulfilling these reporting obligations.
You agree to cooperate with ePayPolicy and provide accurate and complete information necessary for tax reporting purposes. ePayPolicy and its partners are not liable for any penalties or damages resulting from inaccurate tax information provided by you, nor are they required to validate or verify the accuracy of the tax details you submit. If ePayPolicy is required by law to collect any taxes on your behalf, such taxes will be billed to you and must be paid promptly, unless you provide valid proof of tax exemption from the relevant authorities.
28. Collection and Recovery Rights
You agree to pay all amounts owed to us on demand. To the extent permitted by Applicable Law, we may collect any obligations you or any of your affiliates, subsidiaries, predecessors, successors, assigns, and/or owners (holding 25% or more of your business) owe us under these Terms by deducting the corresponding amounts from funds payable to you arising from the settlement of transactions. Fees, costs, expenses, fines, or penalties (including those assessed by our Third Parties) associated with a particular transaction may be assessed at the time such transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts from any particular transaction are not sufficient to meet your current and past obligations to us, ePayPolicy may seek to recover any outstanding amounts that you owe us by: (a) deducting the such amounts from funds payable to you arising from the settlement of other transactions; (b) charging or debiting such amounts to the credit card or bank account card registered in your User Account; (c) deducting such amounts from any reserve amounts established by us or a Third Party; and/or (d) otherwise setting off such amounts against any amounts owed to you by us. If the amounts recovered following our exercise of any, or all, of the foregoing remedies are insufficient to satisfy your liability to ePayPolicy, you agree to pay ePayPolicy any outstanding amount owed to us immediately upon demand. Notwithstanding the foregoing, ePayPolicy shall be under no obligation to exercise any, or all, of the remedies described above and may instead issue a demand for the full amount of your outstanding obligations. Your failure to fully pay such amounts upon demand will be a breach of these Terms, and nothing contained in this Section shall in any way limit, or be interpreted as a waiver of, any other right that ePayPolicy may have under these Terms at law, or in equity to recover any obligation you owe to ePayPolicy. You will be liable to us for all costs associated with collection in addition to the amount owed, including, without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
29. Security Interests and Guarantees
We may withhold funds by temporarily suspending or delaying payouts to you and/or designate an amount of funds you must maintain in your associated bank accounts or in a separate reserve account with a Bank (a “Reserve”) to secure your obligations to us. We may require a Reserve for any reason related to the Services. The Reserve will be determined reasonably by us to cover potential losses related to your User Account and may be adjusted at our sole discretion based on your payment history, credit review, or requirements set by our Third Parties. Additionally, our Payment Network partners may establish a reserve against a Customer based upon a triggering event. We may fund the Reserve from any funding source associated with your User Account, including any funds due to you, or available in your bank account. By agreeing to these Terms, you consent to the withdrawal of funds from your bank account to maintain the Reserve.
You grant us a lien and security interest in all Reserves and funds related to transactions that we process for you, including but not limited to funds deposited into your bank accounts and any other accounts associated with your transactions. This security interest means that if you have any outstanding debts to us, your Clients, or any affiliates, we retain the right, superior to any other creditors, to seize or withhold funds owed to you from transactions processed through our Services. We may debit or withdraw funds from any bank accounts associated with your User Account for the payment of such debts.
In addition, based on our review of your identity and bank account verification information and documents, we reserve the right to require a personal guarantee, corporate guarantee, or other form of financial assurance from your principal, owner, or other guarantor. This requirement may be based on various factors, including, but not limited to, the financial health of your business, your creditworthiness, and the nature of the services we provide. By providing a guarantee, the guarantor agrees to be jointly and severally liable for all debts, obligations, and liabilities arising under this Agreement. In the event of default or failure to meet any obligations, we may pursue the guarantor for recovery of any amounts owed, in addition to seeking remedies against you. You acknowledge that this requirement is intended to protect our interests and ensure that we have recourse in the event of non-payment or other breaches of this Agreement. We will provide you with written notice if a personal or corporate guarantee is required, and you agree to execute and deliver any necessary documentation to effectuate such guarantees promptly.
We will provide you with prior notice before taking any action to seize or withdraw funds from your account, except where immediate action is required to safeguard our interests or comply with Applicable Laws. In such cases, we reserve the right to take action without prior notice to protect our rights.
You agree to promptly execute, deliver, and cooperate in providing any necessary documents, including but not limited to the filing of a UCC-1 form, and to pay any associated fees we deem necessary to create, perfect, and maintain a security interest in those funds. This may include actions to protect or enforce our rights in the event of default, dispute, or legal requirement.
All actions taken under this provision will be enforced in accordance with all Applicable Laws, including, but not limited to, those governing security interests, UCC filings, and financial obligations.
30. Disclaimers; No Warranties
THE SERVICES AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS REQUIRED BY LAW, EPAYPOLICY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, USE FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
USE OF THE SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICES OR FROM: (A) EPAYPOLICY; (B) OUR THIRD PARTIES; OR (C) ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (A) OR (B) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) WILL CREATE ANY WARRANTY FROM ANY DISCLAIMING ENTITY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER EPAYPOLICY NOR OUR THIRD PARTIES HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICES, AND NEITHER EPAYPOLICY NOR OUR THIRD PARTIES CAN ENSURE THAT YOUR CLIENTS WILL COMPLETE A TRANSACTION OR IS AUTHORIZED TO DO SO.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER EPAYPOLICY NOR OUR THIRD PARTIES WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”
31. Limitation of Liability and Damages
IN NO EVENT SHALL A DISCLAIMING ENTITY BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING WITHOUT LIMITATION (A) THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, OR (B) ANY PURCHASE OF A THIRD-PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE EPAYPOLICY TERMS. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR EPAYPOLICY ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR BUSINESS.
THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOURS OR YOUR CLIENTS’ ACCESS TO OR USE OF THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING PROVISIONS, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO EPAYPOLICY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF EPAYPOLICY OR OUR THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
32. Exclusions Permitted by Applicable Law
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage arising from negligence, breach of contract, breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations and exclusions specified in the “Disclaimers; No Warranties” and “Limitation of Liability and Damages” sections that are lawful in your jurisdiction will apply to you, and ePayPolicy’s liability will be limited to the maximum extent permitted by law.
33. Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EPAYPOLICY, OUR THIRD PARTIES, AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, SUITS, LOSSES, DAMAGES, JUDGMENTS, TAXES, PENALTIES, INTEREST, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING INSTITUTED BY ANY PERSON OR ENTITY RELATED TO OR ARISING FROM THIS AGREEMENT. THIS INDEMNIFICATION COVERS ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM YOUR: (A) BREACH OF THESE TERMS OR ANY RELATED AGREEMENT; (B) USE OF THE SERVICES, INCLUDING REJECTED TRANSACTIONS, CHARGEBACKS, REFUNDS, OR ANY ASSOCIATED FEES; (C) FAILURE TO COMPLY WITH APPLICABLE LAWS, REGULATIONS, AND NETWORK RULES; (D) NEGLIGENCE OR MISCONDUCT BY YOU OR YOUR REPRESENTATIVES; (E) VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PRIVACY RIGHTS; (F) UNAUTHORIZED USE OF YOUR ACCOUNT; (G) DATA INCIDENTS (AS DEFINED HEREIN) AND RESULTING FRAUDULENT TRANSACTIONS; (H) FAILURE TO MAINTAIN REQUIRED BALANCES OR RESERVES; (I) ANY CLAIMS ARISING FROM TRANSACTIONS THAT ARE SUSPECTED TO INVOLVE FRAUD, PHISHING, OR OTHER ILLEGAL ACTIVITIES; (J) ATTEMPTS TO CANCEL, AMEND, OR REVERSE ENTRIES; (K) ANY INDIRECT INDEMNITY OBLIGATIONS INCURRED DUE TO YOUR ACTIONS OR OMISSIONS; AND (L) ANY CLAIMS BY A CONSUMER UNDER REGULATION E, WHICH IS THE ELECTRONIC FUND TRANSFER ACT; AND (M) RELATIONSHIPS WITH ANY PREMIUM FINANCE COMPANIES AND ANY FINANCING OPTIONS THAT YOU MAY OFFER THAT MAY RESULT IN DISPUTES INCLUDING CLAIMS FROM CLIENTS.
34. Dispute Resolution and Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services (“Dispute“), we ask that you first contact us to attempt to resolve the matter informally. If the Dispute is not resolved within thirty (30) days from the date you provide us with written notice of the Dispute, you agree to resolve all Disputes through final and binding arbitration, except as set forth under the exceptions below. This timeframe is intended to facilitate an amicable resolution but does not limit our right to pursue other legal remedies at any time.
Procedures: All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) (“AAA”) according to this provision and the applicable arbitration rules. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies.
Location: Any arbitration hearing relating to this Agreement will occur in Austin, Texas. You or ePayPolicy may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions. If the parties cannot agree on the method of arbitration, the arbitrator shall decide the format. This election will be binding on both parties, subject to the arbitrator’s discretion to require an in-person hearing, if warranted by the circumstances.
Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event the arbitrator determines that either party’s claims are frivolous, the party whose claims are deemed frivolous agrees to pay for all fees associated with the arbitration. For purposes of this arbitration provision, references to you and ePayPolicy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users of the Services.
Confidentiality: Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
Decision: The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Exceptions: Notwithstanding the foregoing, (a) ePayPolicy may choose to pursue a claim in court, or may assign your account for collection, and we or a collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by Applicable Law or this Agreement, and (b) each party will have a right to seek injunctive or other equitable relief in a court of law, including, but not limited to, breaches of confidentiality that may cause irreparable harm.
No Class Actions: You agree that any Dispute will be resolved through binding individual arbitration, not as part of a class, consolidated, or representative action. By agreeing to these terms, you waive your right to participate in class arbitrations, class actions, private attorney general actions, or any other representative proceedings. You also waive your right to a jury trial, meaning you can only bring claims against ePayPolicy on an individual basis. The arbitrator may not consolidate multiple claims or preside over any class or representative actions.
Survival and Severability of Arbitration Provision: The arbitration provision contained in these Terms shall survive the termination of this Agreement. If any provision of the arbitration agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect, and the unenforceable or invalid provision shall be construed in a manner that closely reflects the original intent of the parties to the fullest extent permitted by law. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class arbitration).
Limitation on Claims: Any cause of action or Dispute, including claims, arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action, Dispute, or claim accrues; otherwise, it is permanently barred.
35. Governing Law and Venue
These Terms are governed by the internal laws of the State of Texas and applicable federal law, including the Federal Arbitration Act, without regard to any choice of law or conflicts of law principles that would require the application of laws from a different jurisdiction. If, for any reason, venue is needed for matters not subject to arbitration, such disputes shall be brought exclusively in the state or federal courts located in Travis County, Texas. You hereby waive any objections to the jurisdiction and venue of such courts. This Agreement is also governed by UCC Article 4A, as adopted by Texas, in relation to funds transfers and other related transactions.
36. Assignment
You may not assign the Agreement, or transfer any rights or obligations under these Terms, without our prior written consent, which will not be unreasonably withheld. For the avoidance of doubt, ePayPolicy may withhold its consent if the proposed assignee is not approved for a User Account, does not complete ePayPolicy’s onboarding process, or does not meet any requirements imposed by a Third Party. ePayPolicy may assign or transfer its rights and obligations under these Terms without your consent, including in the event of a merger, acquisition, or sale of substantially all of its assets, or any other corporate restructuring or change of control. However, any such assignment or transfer will not materially affect your rights under these Terms.
37. Change of Business and Ongoing Obligations
To comply with Applicable Law and to ensure transparency and continuity in our relationship, you must promptly notify us of any significant changes to your business that could affect the terms of our Agreement. These notifications are crucial for us to assess any potential impacts on the Services we provide or the terms and conditions under which we operate together. Failure to provide timely notice may result in the suspension or termination of Services or other consequences as outlined in these Terms.
You are required to notify us prior to the occurrence of any of the following events:
- Product or Service Type Changes: Any significant changes to your products or services that may conflict with the terms of this Agreement or our Acceptable Use Policy.
- Ownership Changes: Any merger, acquisition, sale, or transfer of ownership interests that results in a change of control of your business.
- Legal Name and Entity Changes: Any change to your legal business name, trade name, or legal entity type.
You are required to notify us in writing within 30 days if any of the following events occur:
- Significant Financial Changes: You agree to promptly notify us of any adverse changes in your financial condition, bankruptcy filings, insolvency proceedings, planned liquidation or significant business changes, transfer or sale of 25% or more of your total assets, and any judgments or levies against 25% or more of your assets.
- 38. Third Party Beneficiaries
You understand and agree that you cannot confer any third-party beneficiary rights under these Terms to any third party. However, you acknowledge that ePayPolicy may, at its sole discretion, confer third-party beneficiary rights on certain entities, such as Third Parties. American Express is a third-party beneficiary of this Agreement, with the right to enforce its terms against the sponsored merchant, but without assuming any obligations under this Agreement.
39. Third Party Services and Links to Other Web Sites
You may be offered services, products, and promotions provided by or linked to websites operated by third parties (collectively, “Other Services”) that utilize, integrate, or provide services related to our Services. If you choose to use these Other Services, you are responsible for reviewing and understanding the terms and conditions associated with them. We are not responsible for the performance of these Other Services.
Our Website may contain links to Other Services for your convenience; however, their inclusion does not imply approval, endorsement, or recommendation by us. Accessing and using Other Services is at your own risk. You understand that Other Services are not governed by the terms and conditions of this Agreement.
Once you navigate away from our Website to another website, our Privacy Policy no longer applies. Instead, your interactions with any Other Service, including those linked on our Website, will be governed by that Other Service’s privacy policy and terms, which dictate how your data will be processed.
40. No Professional Advice
The information provided through our Services, including any communications with us or actions we undertake, is for general informational purposes only. It does not constitute legal, financial, tax, PCI compliance, cybersecurity, or any other professional advice. We recommend consulting with a qualified professional for advice specific to your situation.
41. No Agency
The Customer acknowledges that its relationship with ePayPolicy is strictly that of separate entities. This Agreement does not create a partnership, joint venture, or general agency relationship between ePayPolicy and the Customer, or with any Third Party providing payment-related services.
42. Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under Applicable Law, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of any other term or provision of this Agreement, nor shall it affect the application of such term or provision in any other jurisdiction. You agree that, upon such determination, the invalid, illegal, or unenforceable provision shall be modified to the extent necessary to achieve the original intent of the provision to the greatest extent permissible under Applicable Law, and the remaining provisions of this Agreement shall remain in full force and effect.
43. Waiver
No waiver by ePayPolicy of any of the provisions of this Agreement shall be effective unless explicitly set forth by ePayPolicy in writing and signed by ePayPolicy. Except as otherwise provided in this Agreement, the failure of ePayPolicy to exercise, or any delay in exercising, any right, remedy, power, or privilege under this Agreement shall not constitute a waiver of that right, remedy, power, or privilege. Furthermore, any single or partial exercise of any right, remedy, power, or privilege shall not preclude the further exercise of that right, remedy, power, or privilege, or the exercise of any other rights, remedies, powers, or privileges under this Agreement.
44. Force Majeure
ePayPolicy shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any failure or delay due to any act of God, act of civil or military authorities, acts of terrorists, war, civil disturbance, riots, fires, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, utility failures, power failures, equipment failures, strikes or other labor disputes, pandemics, government action, other catastrophe, or any other occurrence which is beyond our reasonable control.
45. Entire Agreement
These Terms, together with all terms and policies incorporated by reference, constitute the entire agreement between you and ePayPolicy and supersede all prior agreements and understandings regarding the subject matter of this agreement. These Terms (including any applicable Third Party Terms) shall govern your access to and use of the Services. If you and ePayPolicy have entered into a separate written agreement, duly executed by the parties, and there is a conflict between these Terms and any such separate agreement, the conflicting provisions shall be interpreted in a manner that gives maximum effect to these Terms, unless the separate agreement explicitly states the intent to override the specific provisions of these Terms that are conflicting. Except as expressly provided herein, these Terms describe the entire liability of ePayPolicy, our Third Parties, and our vendors and suppliers to you under these Terms.
46. Changes to the Agreement, Platform, or Services
We may modify these Terms at any time in our sole discretion, with changes effective as of the “Last Updated Date” noted at the top of these Terms. It is your responsibility to review the Terms regularly for updates, which will be posted on our Website. Your continued use of our Services after the “Last Updated Date” constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using our Services. We also reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our Services at any time and without prior notice. Such changes may include, but are not limited to, the addition, removal, or alteration of features, functionalities, payment methods or content.
47. Electronic Signatures and Consent to Receive Electronic Communications
By using our Services, you consent to receive communications, including disclosures, notices, agreements, and tax forms (e.g., Form 1099-K), electronically, and agree that electronic signatures carry the same legal weight as physical signatures. To access and retain these communications, you must have internet access, a current version of a web browser, a PDF reader, and a valid email address. You may withdraw your consent at any time by contacting us, but doing so may limit your ability to use our Services. If you experience any issues accessing or viewing electronic communications, please contact us. It is your responsibility to maintain current and accurate contact information, including your email address. You can update your contact details through your User Account. If you would like paper copies of any documents signed electronically, please contact us. By continuing to use our Services, you acknowledge that you have read this disclosure and consent to receiving electronic communications as described in this Agreement.
48. Survival
The parties agree that the terms and conditions of these Terms shall survive the termination of the contract to the extent necessary for the enforcement of the parties’ rights and obligations.
49. Headings
Headings are included for convenience only and shall not affect the interpretation of these Terms.
50. Contact Information
If you have any questions regarding ePayPolicy, our Services, or these Terms, or have any feedback or ideas that you would like to share, please contact us at support@epaypolicy.com. Your feedback is invaluable to us as we strive to improve our Services and better meet your needs. We genuinely appreciate your input and look forward to hearing from you!
epay3, Inc.
5000 Plaza on the Lake, Ste. 200
Austin, TX 78746
Phone Number: (844) 372-9300