THE ACI PAY MONEY TRANSFER SERVICE (“SERVICE”) IS PROVIDED BY ACI PAYMENTS, INC., AN ACI WORLDWIDE COMPANY, (“ACI PAYMENTS, INC.” OR “US”), AND IS SUBJECT TO THESE TERMS AND CONDITIONS AND APPLICABLE LAW. Each bill payment conducted through the Service is a money transfer performed by ACI Payments, Inc. (“Payment”) on behalf of you, the sender, of that money transfer (“You” or “Your”). The Service is provided to You for non-commercial payments. We therefore generally do not accept commercial payment methods unless specifically arranged between us and the Recipient. Typically, the receiver of Your Payment (“Receiver”) will post Your Payment to Your account within two (2) business days after it has been processed by Us. The amount charged to Your credit card or withdrawn from Your account (listed above as “Total Payment Amount”) includes the amount of Your Payment to the Receiver and the ACI Payments, Inc. Transfer Fee. Your bank or bank card issuer may also assess fees or charges related to the Payment. ACI Payments, Inc. is not involved in the administration or collection of Your account with the Receiver, nor is ACI Payments, Inc. involved or associated with the goods and/or services provided by Receiver. If You have any questions regarding Your Payment, or wish to make corrections to the information listed above, please contact ACI Payments, Inc. at the address or telephone number listed below.

Cancellations and Refunds: Except as required by law, You may not cancel a Payment once it has been charged to Your credit card or debited from Your bank account. Except as required by law, no refunds of the payment or the ACI Payments, Inc. Transfer Fee are available after Your credit card or bank account has been charged or debited.

The following provision applies only to Payment transactions from California: RIGHT TO REFUND: “You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if ACI Payments, Inc. does not forward the money received from You within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by You within 10 days of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, You have a right to a refund of Your money. If You want a refund, You must mail or deliver Your written request to ACI Payments, Inc. at 6060 Coventry Drive, Elkhorn, NE USA 68022. If You do not receive Your refund, You may be entitled to Your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.”

LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL ACI PAYMENTS, INC. BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the Payment amount and the transfer fee and except as provided in California Financial Code § 2102(c)), AND (2) IN NO EVENT SHALL ACI PAYMENTS, INC. OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, ACI PAYMENTS, INC.’S SERVICES. FURTHERMORE, NEITHER ACI PAYMENTS, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF YOU OR ANY OTHER THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU.

ACI PAYMENTS, INC. WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THIS WEBSITE AND ACTUALLY RECEIVED BY ACI PAYMENTS, INC., AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. ACI PAYMENTS, INC. IS NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS IN TRANSMISSION OF INSTRUCTIONS ARISING OUT OF THE USE OF ANY INTERNET ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER OR OTHER SOFTWARE OR OTHER CIRCUMSTANCES BEYOND ITS CONTROL. ACI PAYMENTS, INC. IS NOT RESPONSIBLE SHOULD YOU PROVIDE INCORRECT INFORMATION OR IF YOUR PAYMENT INSTRUCTIONS ARE NOT GIVEN SUFFICIENTLY IN ADVANCE TO ALLOW FOR TIMELY PROVISION OF THE SERVICES YOU REQUESTED.

OTHER THAN OUR AGREEMENT WITH THE RECEIVER TO PROVIDE YOU ACCESS TO THE ACI PAYMENTS, INC. SERVICE, ACI PAYMENTS, INC. IS NOT AFFILIATED WITH THE RECEIVER AND DOES NOT GUARANTEE THAT ANY PAYMENTS YOU SEND TO THE RECEIVER WILL BE ACCEPTED BY THE RECEIVER OR BE PROPERLY CREDITED TO YOU BY THE RECEIVER. ACI PAYMENTS, INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR RECEIVER’S OBLIGATIONS TO YOU. YOU AGREE THAT ACI PAYMENTS, INC. SHALL HAVE NO LIABILITY FOR THE WRONGFUL ACTS, NEGLIGENCE OR ERRORS OF THE RECEIVER (OR RECEIVER’S AGENTS), INCLUDING THE FAILURE TO PROPERLY POST YOUR PAYMENT. ACI PAYMENTS, INC. IS NOT INVOLVED IN THE COLLECTION OF YOUR DEBT.

If there are insufficient funds in Your bank account, or if ACI Payments, Inc. does not receive authorization from the bank card issuer or authorization from You to debit Your bank account by ACH, the Payment will not be processed and funds will not be transmitted to the Receiver. ACI Payments, Inc. assumes no obligation to send the money transfer or to complete the applicable Payment if ACI Payments, Inc. does not receive authorization from the bank card issuer, the financial institution associated with Your bank account or ATM/debit card, or authorization from You to debit Your bank account by ACH. ACI Payments, Inc. does not assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any Payment by reason of the foregoing, or other matters beyond its control.

RESOLUTIONS OF DISPUTES: Unless You opt out as set forth below, any dispute arising from or relating to this Payment transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at https://www.adr.org/active-rules. You will be responsible for up to $200 of the administration fees. ACI Payments, Inc. may reduce this amount if you demonstrate hardship. This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If AAA is unavailable, the parties or a court will select another arbitrator. You may opt out of arbitration within 30 days after initiating a Payment transaction by calling 1-866-316-3360. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

Using an Account: Where available, ACI Payments, Inc. may allow You to send money from or to a bank, a prepaid or credit card, an electronic wallet, a biller, or a similar account (collectively, “Accounts”). The bank or other provider of an Account (the “Account Provider”) may impose additional fees on an Account, including cash advance fees. Your agreement with the Account Provider governs Your use of an Account and sets forth Your rights and liabilities as Account holder of an Account. Unless required by applicable law, ACI Payments, Inc. accepts no responsibility to You or any Account holder for any fees imposed by an Account Provider. Services are for personal or individual use only and not for use by or on behalf of any business or legal entity. ACI Payments, Inc. may use the Automated Clearing House (“ACH”) network, book transfer, electronic funds transfer, wire transfer or other methods to process Payment transactions relating to an Account. ACI Payments, Inc. is not responsible for actions taken by the Account Provider, such as improperly posting a transaction. ACI Payments, Inc. may rely on information You provide and may rely solely on the Account numbers and identifying numbers that You provide for identifying an Account and/ or Account Provider, regardless of whether or not You also provide the name of the Account holder or the name of the Account Provider.

IMPORTANT NOTICE FOR USING ACCOUNTS: MAKE SURE THE ACCOUNT NUMBER AND ACCOUNT PROVIDER DETAILS SELECTED ARE CORRECT BEFORE SENDING. IF THE ACCOUNT NUMBER OR ACCOUNT PROVIDER DETAILS ARE INCORRECT, MONEY MAY BE DEBITED OR CREDITED TO THE WRONG ACCOUNT AND MAY NOT BE RECOVERED.

Transfers from Accounts: By initiating a Payment transaction from an Account, You (i) affirm You are the owner of the Account and have authority to initiate the Payment transaction and (ii) authorize ACI Payments, Inc. to initiate electronic debits and credits to Your Account to process and correct errors or if a Payment transaction cannot be completed. ACI Payments, Inc. may by law be liable for damages caused by its failure to debit Your Account in accordance with these terms and conditions, in the correct amount or in a timely manner when properly instructed by You. However, ACI Payments, Inc. will not be liable where: (1) You do not have enough money available in Your Account; (2) Your Account is closed or withdrawals restricted; (3) the Payment transaction exceeds dollar or frequency limitations imposed by ACI Payments, Inc. or Your Account Provider; (4) circumstances beyond ACI Payments, Inc.’s control (such as flood, fire, power outages, mechanical or system failures); (5) Your Account Provider does not honor a Payment transaction, the Payment transaction is not processed or the Payment transaction is returned by Your Account Provider; (6) Your instructions are lost or delayed in transmission to ACI Payments, Inc.; (7) ACI Payments, Inc. fails to process your Payment transaction because of a reasonable security concern or the Service option has been discontinued or suspended, or ACI Payments, Inc. otherwise advises You that Your request will not be processed; and (8) other exceptions allowed by law.

Notice of Varying Amounts. If You have told Us in advance to make Payments out of Your account, and these regular Payments vary in amount, you will be provided notice at least 10-days before each Payment, either by Us or the Receiver (through your monthly bill or otherwise), of when Payment will be made and how much the Payment will be.

PRIVACY: ACI Payments, Inc. may collect and disclose personal information to third parties as explained in our Privacy Statement. To get a copy, visit www.acipayonline.com/privacy. ACI Payments, Inc. collects personal information, for example, when You transact with us and other companies; submit information on applications, forms, and by other means; use or visit our or other apps or online sites; enter a promotion; register for communications; or join a loyalty program. ACI Payments, Inc. also collects information from many sources and may collect, track and combine information across devices, platforms and channels. Information disclosed may include financial data (e.g., information on transactions with us and other financial matters), contact information, identification, computer, mobile device and social network information. Recipients may include financial and non-financial companies, service providers, government agencies and direct marketers. You may direct ACI Payments, Inc. to limit certain disclosures, and Your choice will apply until You change Your choice or we delete Your data. To limit disclosures (opt out), you may email us at mbox-aci-privacy-officer@aciworldwide.com .

General: This agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior agreements and arrangements between the parties, whether written or oral, and cannot be modified orally. ACI Payments, Inc. and its affiliates, and their directors, officers, employees, agents, successors, and assigns shall be considered beneficiaries under this agreement and shall each have the right to enforce the provisions of this agreement directly, jointly, or on its own behalf. Subject to applicable law, ACI Payments, Inc. may assign this agreement to a third party without Your consent. This agreement is governed by the laws of the State of New York without regard to conflicts of law rules. If an agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language version controls if there is an inconsistency between English and non-English agreement versions. You represent that Your use of Services does not violate this Agreement or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. Information You provide ACI Payments, Inc. shall be truthful and complete. You shall indemnify ACI Payments, Inc. for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. ACI Payments, Inc. reserves the right to change Services without notice. ACI Payments, Inc. may refuse to provide Services to any person.

For questions, inquiries or comments please contact ACI Payments, Inc. at 6060 Coventry Drive, Elkhorn, NE USA 68022 or call Customer Service at (866) 316-3360.

Copyright © 2020 ACI Payments, Inc. All other logos, trademarks, service marks and trade names referenced in this material are the property of their respective owners.

The below E-Sign Notice is only applicable to you if you have agreed to receive electronic communications in a manner that complies with the E-Sign Act.

E-Sign Disclosure and Consent Notice

This E-Sign Disclosure and Consent Notice (“Notice”) applies to all communications, as defined below, for the Service. Under this Notice, communications you receive in electronic form from us will be considered “in writing.”

By using the Services (“Electronic Services”) you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the terms of these services. If you choose not to consent to this Notice or you withdraw your consent, you will be restricted from using Electronic Services.

COVERED COMMUNICATIONS

May include, but are not limited to, disclosures and communications we provide to you regarding our services such as: (i) terms and conditions, privacy statement or notices and any changes thereto; (ii) pre-payment disclosures, transaction receipts and confirmations; and (iii) customer service communications (such as claims of error communications) (“Communications”).

METHODS OF PROVIDING COMMUNICATIONS

We may provide Communications to you by email or by making them accessible on the websites, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files.

HARDWARE AND SOFTWARE REQUIREMENTS

To access and retain electronic Communications, you must have:

• A valid email address;
• A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form;
• Sufficient storage space to save Communications (whether presented online, in e-mails or PDF) or the ability to print Communications.

We may request that you respond to an email to demonstrate you are able to receive these Communications. It is your responsibility to obtain and maintain the required technology at your own expense. ACI Payments, Inc. does not imply or guarantee that its Communications will be compatible to any specific model, brand, or type of technology.

HOW TO WITHDRAW YOUR CONSENT

You may withdraw your consent to receive Communications under this Notice by writing to us at “Attn: E-Sign Disclosure and Consent Notice, 6060 Coventry Drive, Elkhorn, NE USA 68022,” or by contacting Customer Service at (866) 316-3360. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Electronic Services.

REQUESTING PAPER COPIES OF ELECTRONIC COMMUNICATIONS

You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to “Attn: E-Sign Disclosure and Consent Notice, 6060 Coventry Drive, Elkhorn, NE USA 68022,” or by contacting Customer Service at (866) 316-3360. Please provide your current mailing address so we can process this request. ACI Payments, Inc. may charge you a reasonable fee for this service.

UPDATING YOUR CONTACT INFORMATION

It is your responsibility to keep your primary email address current so that ACI Payments, Inc. can communicate with you electronically. You understand and agree that if ACI Payments, Inc. sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, ACI Payments, Inc. will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Online Services until we receive a valid, working primary email address from you.

If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add ACI Payments, Inc. to your email address book so that you can receive Communications by e-mail.

You can update your primary email address or other information by writing to us at “Attn: E-Sign Disclosure and Consent Notice, 6060 Coventry Drive, Elkhorn, NE USA 68022,” or by contacting Customer Service at (866) 316-3360.

FEDERAL LAW

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

TERMINATION/CHANGES

We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.