PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-ACTION OR CONSOLIDATED BASIS.
When accessing or using BILLSS's service, you agree to be bound by the terms described below and all other terms, policies and guidelines incorporated by reference ("Terms"). Your ability to receive these Terms electronically is also a condition of your use of our Services (as defined below). If you do not agree to all of these Terms, please, do not access or use our Services.
These Terms apply only to your use of BILLSS, Inc.’s (Billss”, "BILLSS”, "we”, "our" or "us") website, mobile application (or "app"), and related features, technologies and functionalities (collectively, the "Services"). The Services are operated and maintained by BILLSS. Any funds that you transmit using the [XXXX] payment method will be transferred to an [XXXX]-insured pooled holding account at [XXXX]. [XXXX] only has responsibility to perform the Services specifically set forth in these Terms and has no responsibility to fulfill any further obligations under these Terms.
By accessing the Services, you agree to be bound by these Terms, so read them carefully. If you don’t agree to all of these Terms, then please don’t use the Services. (Unauthorized use of the Services creates legal liability for you.) These Terms do not change the terms or conditions of any other written agreement you may have with BILLSS or [XXXX]. The BILLSS app is intended for personal use. You promise that you will only use the BILLSS app for personal purposes, that is, to monitor and/or pay your own bills with your own funds.
Subject to applicable law, BILLSS reserves the right to update these Terms or change the Services (including applicable fees and service changes, at any time and in its complete discretion. If we make changes to these Terms, we will provide you with notice and access to a copy of the updated Terms on the app. We will also post to our Web site the amended Terms to our Services and update the “Last Updated” date at the top of these Terms. Your continued use of the Services following notice and the posting will confirm your acceptance of such updates. Therefore, you should frequently review these Terms and all related information that may apply to your use of the Services. If you do not agree to the updated Terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services, as well as personal liability for damages.
Throughout these Terms, we provide short summaries of various provisions under the "Basically" caption. You confirm that the summaries provided under the "Basically" sections do not modify these Terms. We provide these summaries for convenience purposes only to assist your review and understanding of the Terms.
If you have any questions or comments regarding use of the Services, please contact firstname.lastname@example.org.
To be eligible to use the Services, you must be at least 18 years of age. By using the Services, you represent and warrant that you: (a) have not been previously suspended or removed from the Services; and (b) that you have full power and authority to enter into and agree to these Terms.
You will be required to download the BILLSS app in order to access and use the Services generally. In order to pay bills with the app or store your financial credentials, you will additionally be required to register and agree to the following: (a) provide only current, accurate and complete information about yourself, your authorizations, your accounts, and your billers in the course of registering to use the Services (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data, as necessary, to keep it true, accurate, current and complete; (c) maintain the security of your account and Registration Data by not sharing your password(s) with others and restricting access to your account on your computer or mobile device; (d) promptly notify BILLSS if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks associated with unauthorized access . If you fail to do these things or provide any information that is untrue, inaccurate, not current or incomplete, or we conclude that such information is untrue, inaccurate, not current or incomplete, (i) we may suspend transactions or terminate your account and refuse any and all current or future use of the Services (or any portion thereof); and (ii) you will be obliged to indemnify us for any resulting losses.
By using the Services, you confirm that you have reviewed these Terms and accepted them with ample opportunity to get advice from others and to choose from other bill management and payment alternatives. In any event, BILLSS and [XXXX] may reasonably rely on these understandings. BILLSS and [XXXX] each reserves the right to terminate your access to all or any portion of the Services at any time.
You agree to keep your BILLSS app password, account designation, and a personal identification number ("PIN") confidential and not to disclose these credentials to any third party. All information and instructions received from your account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity. You will be responsible for the actions taken by anyone accessing the Services using your password and/or account designation.
Payment Account Authorization BILLSS will facilitate payments that you direct through the Services electronically by (1) providing the information about the bank account, credit card, or debit card that you designate (the “Payment Account”) either directly to the Biller or to [XXXX] to process your payment. By initiating a bill payment through the Services, you authorize the BILLSS app to provide instructions to the Biller or to [XXXX] to initiate and complete the payment on your behalf. When you provide instructions using the app, you are authorizing [XXXX] to initiate an electronic transfer from your linked bank or credit union account in the amount you specify. You are solely responsible for complying with any terms set by your bank or credit union with respect to your Payment Account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the Services, you also authorize BILLSS and [XXXX] to credit your Payment Account to complete that transaction.
You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the BILLSS app. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Billers and [XXXX] and their payment processors to charge the Payment Account for payments that you initiate using the Services. You will indemnify and hold BILLSS and [XXXX] harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit.
By accepting these Terms of Service, you consent to BILLSS’s disclosure of your personal information (including your Payment Account information) to your Billers and to [XXXX] or other third parties for the following purposes:
You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the BILLSS app to send communications to the Biller on your behalf in connection with the Services.
BILLSS reserves the right, at our complete discretion, to charge service fees under a subscription model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Services may also charge service fees. The imposition of any subscription-based fees will be disclosed to you at least 21 days prior to taking effect and will require your authorization to take effect. The imposition of any per-transaction fees by BILLSS will be disclosed to you prior to any payment and will be clearly noted to you.
By continued use, you will authorize [XXXX] to charge your Payment Account for any BILLSS fees or third party service fees. These service fees may be included in the amount charged by the Biller or may be billed separately by BILLSS. After you have directed payment to some Billers, BILLSS can elect to pay the Biller with BILLSS’s own single-use credit card and redirect your payment from the Biller to [XXXX] (the “SU Card Process”). In this manner, BILLSS can earn interchange fees and help to defray the cost of the Services without resulting in a fee to you. Use of the SU Card Process is at our complete discretion. The app will let you know whenever we employ the SU Card Process.
If you accept these Terms, BILLSS authorizes you to access and use the Services for their intended purpose of both monitoring your bills and facilitating their payment from your Payment Accounts through the BILLSS app. All other uses are prohibited. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services or any materials therein; (c) modifying or otherwise making any derivative uses of the Services; (d) reverse engineering, decompiling, disassembling or attempting to discover the source code for the Services; (e) use of any data mining, robots or similar data gathering or extraction methods; or (f) downloading (other than page caching) of any portion of the Services or any information contained therein, except as expressly permitted by BILLSS. You may report bugs and fixes, provide feature requests, comments, testimonials, feedback and suggestions to BILLSS (“Feedback”). BILLSS may use the Feedback without any compensation, notice or attribution to you and will own all intellectual property rights in such Feedback.
Any use of the Services other than as specifically authorized in these Terms may result in, among other things, termination or suspension of your right to use the Services as well as legal liability to us or third parties. Such unauthorized use may also violate applicable laws, including without limitation banking, copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This right to use is revocable at any time, and will continue until such time as you cease to use or access of the Services or your use or access to the Services is terminated by BILLSS.
“BILLSS,” “billss.co,” “BILLSSApp.com,” the BILLSS logos and any other product or service name or slogan used in the Services are trademarks of Billss and its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Billss or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “BILLSS”, or any other name, trademark or product or service name of BILLSS without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, the service mark, trademark and/or trade dress of BILLSS may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the owner.
BILLSS will provide the Services in a professional manner, mindful of recognized consumer needs, applicable industry standards and applicable law. You agree that BILLSS provides access to and use of the Services on an “as is” basis and without warranty of any type, express or implied. BILLSS makes no warranty with regard to the products or services and related obligations that are paid for with the Services or the time or date on which payments are recognized by Billers. BILLSS disclaims all express and implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Although we try to ensure that the BILLSS app functions accurately, timely and reliably, BILLSS does not represent or warrant that the Services are error-free. For example, the Services will not be available for use at all times or at any particular time, a use session may be interrupted, hyperlinks will not function properly at all times or at any particular time, information on the Services will not always be correct, complete or timely and portions of the Services may be vulnerable to security attacks. Neither BILLSS nor [XXXX] shall have any liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of BILLSS or [XXXX], to complete a transaction in the correct amount, or (ii) any related losses or damages. TO THE EXTENT THESE DISCLAIMERS ARE INVALID IN CERTAIN PLACES, THEN OUR OBLIGATIONS AND LIABILITY ARE LIMITED TO THE MAXIMUM EXTENT LAWFUL.
At your expense, you agree to defend, indemnify and hold harmless BILLSS and [XXXX], their respective agents, independent contractors, service providers and consultants, as well as their respective affiliates, trustees, officers, directors, employees and agents and any other third parties BILLSS uses to provide the Services (collectively, the “BILLSS Beneficiaries”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) any actual or alleged breach of these Terms; (b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company; (c) your wrongful or improper use of the Services; or (d) your violation of the rights of any third party; all except to the extent caused by our gross negligence or willful misconduct.
Absent gross negligence or willful misconduct, in no event shall the BILLSS Beneficiaries be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the Services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from BILLSS or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to BILLSS's records, programs or services. In no event shall the aggregate liability of BILLSS, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the Services exceed any compensation you pay, if any, to BILLSS for access to or use of the Services. BILLSS, [XXXX], your Billers and their payment processors are not responsible for any overdraft or insufficient fund charges that may be incurred by following your instructions or the improper use of the Services by third parties in a manner injurious to you. Neither BILLSS nor [XXXX] shall have any liability to you for any payment transactions, including without limitation, (i) any failure, through no fault of BILLSS or [XXXX], to complete a transaction in the correct amount; or (ii) any related losses or damages.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the Services or any portion thereof, your exclusive remedy shall be to stop using the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BILLSS AND/OR [XXXX] AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You, BILLSS, and [XXXX] (BILLSS and [XXXX] individually or together are referred to in this Section 14 as the “Providers”) agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and the Providers are not required to arbitrate any dispute in which a party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and that Providers agree that you will notify each other of any dispute within thirty (30) days of when it arises and the aggrieved party becomes aware of the problem. Notice to BILLSS shall be sent by certified mail or courier to: BILLSS, 73 Buttesland Street, N1 6BY, London, UK. Your notice must include: (a) your name and contact information (e.g. phone number, email address); (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. You and BILLSS also agree that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in London, UK, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the United Kingdom. You and BILLSS also agree that the state or federal courts in London, UK have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court under these Terms. Whether the dispute is heard in arbitration or in court, you and BILLSS will not commence against the other a class action, class arbitration or other representative action or proceeding. The prevailing party in any arbitration will be entitled to recover its reasonable attorneys’ and experts’ charges.
BILLSS reserves the right, without notice and in its sole discretion, to terminate your access to, and use of, the Services and to block or prevent your future access to, and use of, the Services. Upon learning of termination, you must uninstall any copies of the Services from your computer and/or mobile devices. BILLSS will attempt to complete all payment transactions that have begun processing in the app at the time of termination. Scheduled but not yet processed payments will be cancelled. Neither BILLSS nor [XXXX] will be liable to you for the termination of the Services or for any consequence arising out of termination of the Services.
The BILLSS app is an electronic, Internet-based service. Therefore you understand, agree and consent to receive electronically all communications, agreements, documents notices and disclosures (collectively "Communications") that the BILLSS app provides in connection with your use of the Services. Communications include:
BILLSS will provide these Communications to you by posting them in the “News” and/or “Notifications” sections of the app. BILLSS will also provide updated versions of agreements and policies on its website. You agree that electronic Communications have the same meaning and effect as if we had provided you with paper copies. All Communications will be deemed to have been received by you no later than five business days after BILLSS posts them in the app or otherwise communicates them to you via the Services (e.g., pop-up notification, email or text message). You agree that these are reasonable procedures for providing electronic Communications. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 Days after the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by UK mail. In order for us to send you paper copies, you must provide us with a current street address. If you request paper copies, you understand and agree that BILLSS may charge you a fee of up to £12 per document requested. We may also authorize third parties to provide these copies to you.
You may withdraw your consent to receive electronic Communications at any time by contacting us at email@example.com, or writing us at 73 Buttesland Street, N1 6BY, London, UK. However, the ability to receive electronic Communications from BILLSS is a condition of your use of the Services. Accordingly, withdrawal of your consent to receive electronic Communications will result in termination of your access to the Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. If you do not wish to receive these Terms and other Communications electronically, you may not use the Services.
If you have opened a BILLSS account and you wish to withdraw your consent to have Communications provided in electronic form, you must close your account right away. To close your account, you must open the BILLSS Dashboard, then tap the "Profile" tab. On the Profile screen, tap "Change my password", scroll to the bottom and tap "Cancel my account". There are no fees to close your account.Hardware and Software Requirements
In order to access and retain electronic Communications from BILLSS, you will need to maintain or have access to the following:
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from BILLSS. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, access, print or save a copy of the electronic Communications.
You must notify BILLSS IMMEDIATELY: (i) if you believe that that your bank or card account has been accessed or used in an unauthorized manner, that is, in a way not authorized by you, for example, that an unauthorized electronic funds transfer has been drawn from your account; or (ii) if you believe your username and password have been lost or stolen. You should contact us via email at: firstname.lastname@example.org. You may also call us at or write us at: BILLSS, 73 Buttesland Street, N16BY, London, UK.
An "unauthorized electronic funds transfer" is an electronic funds transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
If you tell us within four business days after you learn of a loss or theft from your account, your loss is limited to no more than [XXXX] if someone used your account without your permission. However, if you FAIL to tell us within four business days after you learn of the loss or theft from your account, and we can prove that we could have stopped someone from using your account without your permission if you had told us, you could lose as much as [XXXX].
Also, if your account history shows payments that you did not make, please tell us at once. If you do not tell us within 90 days after the payment was made, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
As stated above, you should contact BILLSS regarding any unauthorized electronic funds transfer(s). Additionally, you should feel free to also contact [XXXX] directly if you should have any questions, concerns, or detect an error with an electronic funds transfer(s) through [XXXX]. You can contact [XXXX] via email at email@example.com or write to us at: BILLSS, 73 Buttesland Street, London, UK.Contact in Event of Unauthorized Payments
If you believe that your account has been opened or used in an unauthorized manner, for example that an unauthorized electronic funds transfer has been drawn from your account, or if you believe your username and password have been lost or stolen. You may contact us as indicated above in the "Consumer Liability" section.Business Days
For the purposes of these disclosures, BILLSS business days are Monday through Friday. Holidays are not included as business days.Transfer Types and Limitations
Account Access: You may use the Services to facilitate payments to your Billers from your bank account or credit card in the amounts and on the days you request. BILLSS does not support payments to all types of Billers. You may not initiate payments to Billers outside of the UK.Payment Transaction Limits or other Suspicious Activity
BILLSS may impose limits on the frequency and GBP amount of your payments to Billers and adjust them from time to time at our complete discretion. For example, we may limit the maximum GBP amount allowed per transaction, the aggregate GBP amount of transactions allowed over a period of time or the maximum number of payments allowed over a period of time. The BILLSS app will advise you of then applicable limits and relevant time periods. A period of time may be measured as a calendar day, a rolling 30-day period or otherwise. We also reserve the right to decline to process any payment that appears illegal or contrary to these Terms and to notify relevant authorities.
You agree that we are not obligated to provide you with periodic statements for your use of the Services. The transactions will appear on the statement issued by your bank or other financial institution. Additionally, your payment history can be viewed within the BILLSS app on a per-biller basis by navigating to the BILLSS menu, tapping "Biller” and tapping a specific Biller. You are responsible for reviewing your history and maintaining a copy for your records.
If you have questions about one of your transactions, contact us at firstname.lastname@example.org or write us at: BILLSS, 73 Buttesland Street, London, UK.
See Sections 11 and 13 above. If the app does not complete a payment from your account on time or in the correct amount according to these Terms, we will generally not be liable for your losses, damages or inconvenience. We will also not be liable, for instance:
All questions about transactions made through the Services must be directed to us and not to your bank or other financial institution where you have a bank account, except as otherwise set out in Section 24, “Refunds or Reversals of Completed Payments”. BILLSS is responsible for the Services and for resolving any errors in transactions made pursuant to your use of the Services, but you understand that BILLSS does not initiate or processes electronic payments or transfers directly.
In case of errors or questions about a payment, contact us as soon as possible at email@example.com, or write us at BILLSS, 73 Buttesland Street, London, UK. if you think your payment history or confirmation notice is wrong or if you need more information about a payment. We must hear from within 90 days from the time we sent the payment and you received the confirmation.
When you contact us, you must:
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the affected account within 10 business days after we hear from you, for the amount that you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within three (3) business days of completing our investigation. If we decide that there was no error, we will provide you with a written explanation via electronic delivery within three (3) business days after we have completed our investigation, and within 10 business days of the date of such explanation, we will debit your account of the amount previously credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents that we used during our investigation and we can provide them to you electronically.
If your payment is returned unpaid, you authorize BILLSS at its complete discretion to make a one-time electronic fund transfer from your account to collect a £15 fee. This is in addition to other charges that may apply with your Biller or financial institution.
If you notice you made a mistake and need to cancel a payment, you can do so in the app. For payments you schedule for today, you have 10 minutes to cancel the transaction. After 10 minutes pass, you must message us within the app with “stop payment” and we will automatically attempt to cancel the payment. To message us, navigate to the BILLSS footer, tap "Contact", write your message and press "send". Depending on the status of the payment at that time, we may or may not be able to cancel it. We will always inform you of whether or not the cancellation was successful.
For payments you schedule in the future, you can cancel them up until the day of payment. To cancel a payment, open the bill you'd like to cancel and tap where it says "cancel payment" in green.
You cannot use the Services to request a refund, cancellation, correction, or reversal of a completed payment. In such situations, you will need to contact a Biller’s customer service in order to request refund, cancellation, correction, or reversal to a completed payment. If the Biller cannot, or is unwilling, to assist you with a request for a refund, cancellation, correction, or reversal of a completed payment, you should contact your financial institution’s customer service to determine if your financial institution is able to provide additional assistance. If we elected to use the [XXXX], you cannot make such a request without first obtaining our approval and assistance, which we will not unreasonably withhold.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.