These Terms and Conditions may be amended at any time. All amended terms shall be effective immediately after they are posted to the Website. These Terms and Conditions also apply to Service transactions conducted through the Clearwater Payments services including those Payments initiated and/or completed through, Integrated Voice Response (IVR) systems, customer service representatives, telephone, internet, mobile web or apps or any other means or mechanisms of Payment acceptance. These Terms and Conditions, as amended, shall apply to all subsequent Payments and otherwise solely govern the relationship of the parties.
This Service shall only be used by the actual bona fide customer of the Biller, Biller’s agents, or Clearwater as an agent for the Biller. By utilizing this Service, Website, IVR or any Alternative Payment Channel you represent and warrant that: (a) you are a customer of Biller; (b) you are submitting Payments or utilizing the Service on your own behalf, or as an employee, officer, owner or principal of a business entity of the Biller; (c) you are not using the Service or submitting Payments under a claim of agency or other third-party relationship on behalf of a User-customer; and (d) that you are not using the Service for any profit, financial gain, or any commercial benefit. Third-party commercial servicers, aggregators, agents or processors, or any other entities submitting payments on your behalf are not authorized to use this Service. Any user accounts that violate these Authorized User terms are subject to being blocked from using this Service. Non-Authorized Users agree to repay Clearwater Payments all interchange fees, merchant fees and any other costs associated with any processed payments submitted. Non-Authorized Users further agree to be legally responsible for all other damages, fees, costs, expenses and attorney fees incurred by Clearwater Payments related to your breach of this Term.
The Digital Wallet contains your Pay Instruments for use in payment transactions made through the Site. If you choose to store Pay Instruments in the Digital Wallet, the following terms apply:
Adding Pay Instruments
The first Pay Instrument added to your Digital Wallet will be your ‘Default Pay Instrument’. At your discretion, you may specify a different Pay Instrument as your ‘Default Pay Instrument’.
Pay Instrument Number and Expiration Date Updates
You authorize us to receive updates or additional information provided by your financial institution(s) concerning your Pay Instrument from our payment processing service providers and consent to updates to your Pay Instrument information. All updates made by you or obtained through our service providers will be effective for future payment transactions.
By clicking on the “Authorize Payment” button on the payment page, you authorize the Service to initiate a one-time electronic payment to your Pay Instrument. The amount of any such payment will be the amount you specify in the payment screen shown in the payment process, plus all applicable fees. If available, you may elect to save your Pay Instrument for future payments.
Auto Pay, Recurring and Scheduled Payments
By enrolling in the Service’s Auto Pay, Recurring and/or Scheduled Payments program, you authorize the Service to initiate electronic payments from the Pay Instrument you specify. The amount of the Auto Pay will reflect your current amount due, the amount for recurring or scheduled payments will be the amount you established for that period, plus all applicable processing fees. If you enroll in recurring or schedule a payment, you must specify the date you want the funds to be withdrawn from your Pay Instrument (which must be made by the Due Date).
A receipt for each payment will be emailed or texted to you and the charge will appear on your bank or card statement. You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice at least 2 days prior to the payment being processed.
You understand that this authorization will remain in effect until you cancel it via the Site. If the payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For ACH debits to your financial institution account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the noted periodic transaction dates.
In the case of an ACH transaction being rejected for Non-Sufficient Funds (NSF) I understand that the Biller may at its discretion attempt to process the charge again within 30 days. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of this credit card/bank account and will not dispute these scheduled transactions with your bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.
You agree to be bound by any rules your financial institution requires for pre-authorized transactions and fees associated with pre-authorized transfers. You also authorize the Service to credit your specified Pay Instrument in the appropriate amount for any refunds or other adjustments. The proper and accurate application of your payment to your amount due to is the sole responsibility of the Service. If any dispute arises regarding your payment history or variance in the amounts charged to a Pay Instrument, you must contact your Biller directly to resolve the dispute.
Pay Instrument Information Authorization
You agree that the information you provide to the Service can go through a verification process. You agree that the Service reserves the right to obtain financial information regarding your Pay Instrument from your financial institution (for example, to resolve payment posting problems or for verification).
Service Fees and Additional Charges
Any fees associated with your Pay Instrument will continue to apply from the applicable financial institution or credit/debit card issuer. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your utilization of the Service, including but not limited to any text message fees associated with bill delivery by text message. When applicable, your Biller will add any applicable fees and/or charges for the Service to your Biller Account and you are responsible for payment of such fees and charges for your use of the Service.
Alerts and Reminders
You may be given the option through the service to enroll in alerts and reminders via e-mail, SMS text and/or e-wallet (iOS and Android) for items such as but not limited to, payment receipts and payment due or recurring payment reminders. We are not responsible for any undelivered messages. You may also be given the option to make a payment via these alerts using a registered payment instrument by responding with an appropriate message or keyword – which provides your authorization to make the payment. Message and data rates may apply by your ISP or carrier. You may opt-out through the service or for SMS text messaging by texting “STOP”.
E-Sign Disclosure and Consent
This E-Sign Disclosure and Consent Notice applies to all communications associated with using the Service. Any communications you receive in electronic form from us will be considered “in writing.” You are responsible for maintaining access to the electronic channels you enroll for notice (for example, e-mail). We are not responsible for undeliverable messages due to spam filters, inactive e-mail accounts, insufficient storage space on your devices or incompatible browsers or mobile devices. It is your responsibility to keep Your primary contact information current. You may withdrawal this consent, however, this will cancel your ability to use the Services. To withdraw your E-Sign consent or update your primary contact information, please write us at “Clearwater Payments, ATTN E-Sign Consent, 12377 Merit Drive, Suite 1530, Dallas TX. 75251 or e-mail to: Info@clearwaterpay.com and include E-Sign Consent in the subject line. You acknowledge and agree that your consent for electronic communications is subject to the Federal Electronic Signatures in Global and National Commerce Act.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL CLEARWATER PAYMENTS BE LIABLE FOR DAMAGES, INCLUDING FOR DELAY, NON-DELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY PAYMENT OR SERVICE TRANSACTION, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (IN ADDITION TO REFUNDING ANY CONVENIENCE FEE FOR THE AFFECTED PAYMENT, AND THE PAYMENT AMOUNT, IF ANY, HELD BY CLEARWATER), and (2) IN NO EVENT WILL CLEARWATER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
CLEARWATER WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THIS SERVICE AND ACTUALLY RECEIVED BY CLEARWATER AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. CLEARWATER 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. CLEARWATER 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 BILLER TO PROVIDE YOU ACCESS TO THE SERVICE AND PROCESS PAYMENTS ON BEHALF OF BILLER, CLEARWATER IS NOT AFFILIATED WITH THE BILLER. CLEARWATER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY OBLIGATION OF BILLER TO YOU. YOU AGREE THAT CLEARWATER SHALL HAVE NO LIABILITY FOR THE WRONGFUL ACTS, NEGLIGENCE OR ERRORS OF THE BILLER OR ANY OTHER THIRD PARTY ACTING AS AN AGENT OF THE BILLER, INCLUDING THE FAILURE TO PROPERLY ACCOUNT FOR THE PAYMENT YOU MAKE TO THE BILLER. IN CONSIDERATION FOR BEING ALLOWED TO USE THE SERVICE, YOU COVENANT NOT TO BRING ANY CLAIMS OR CAUSES OF ACTION AGAINST CLEARWATER THAT ARE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
Our company takes your privacy seriously and is committed to safeguarding your privacy online. Because we do gather certain types of information from visitors to our sites, we have developed a privacy statement to help you understand the terms and conditions surrounding the collection and use of that information. This statement discloses the types of information we gather, how it is used, and how you can gain access to and edit any data that we’ve collected about you at any time.
Non-Personal Identifiable Data
In order to use some our Sites features, visitors may need to register using our online registration forms, where visitors may be required to provide us with some personal information. Visitors may also be asked to select a user ID and password.
Information Voluntarily Provided
Any information you provide to us (i.e. name, e-mail address, etc.) when you enroll in one of the Services is securely stored in our internal systems.
Third Party Service Providers
Our company may use third party service providers to perform certain functions on our behalf. Examples include Pay Instrument verification and administering e-mail services. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Site visitors will never receive unsolicited e-mail messages from third party service providers working on our behalf.
When you visit the Site, we may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times, and other such information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in “authenticating” who you are when you access the Site or Service.
Notices of Changes to Agreement
Contacting the Site