Terms of Service
The Payclix.com website and its affiliates, owned and operated by The Clix Group, LLC (“Company”), facilitates the payment of periodic and special purpose payments to merchants or service providers and/or their agents (Provider) via electronic funds transfers using electronic checks, debit cards, and selected credit cards. By use of the Payclix.com website, User agrees to the following terms and conditions:
1. User authorizes Company to debit User’s bank account or User’s charge account (“Account”) for the payment offered by User and the specified Company Transaction Fee. In addition, User authorizes Company to contact Provider via email with User’s name, address, payment date, User email address, comments, and payment amount. User authorizes Company to maintain a twenty-four month history of User’s transactions, and such transaction history shall be available for review by User at all times. Company will not divulge User’s personally identifiable information, banking information, or payment history to Provider or anyone else except the financial institutions required for making the payment, unless compelled by a court of competent jurisdiction.
2. Once any charge has been processed to User’s Account, the User shall not request its bank or credit card provider (“Bank”) to reverse the charge or charge it back to Company. If the User has a legitimate basis to request a credit for a charge previously processed against its Account, User shall request a credit from Provider and resolve the issue directly with Provider. Provider will initiate any approved reversal of amounts previously charged to User. The policy of Company is that all transactions are final and that fees charged by Company for its services will not be refunded or credited to a User’s account.
3. For the payment of periodic payments, User understands and agrees that although User has offered Provider the payment, the payment obligation is not satisfied until Provider accepts the offer of payment by notifying Company. As part of a separate agreement governing Company’s processing arrangement with the Provider, the Provider has agreed that the effective date of User’s payment shall be the date and time the offer is made by User as recorded on the Payclix.com website, not the date accepted by Provider. If a payment offer is rejected by Provider for any reason, User’s Account will not be charged and User’s obligation to Provider will not be satisfied.
4. User accepts responsibility and liability for offering the proper amount due to Provider, understanding that an insufficient payment offer may result in the refusal by Provider to accept the payment, and consequently User may incur additional late fees and/or penalties. In the event User offers an excess payment to Provider, and the excess payment is accepted by Provider, User agrees that Company has no responsibility to refund the excess. User must communicate directly with Provider to receive a refund or credit.
5. User accepts responsibility and liability for entering the correct transaction information, including but not necessarily limited to, bank account or credit card information, payment amount, and payment due date, and is solely responsible for maintaining its currency and correctness. If a submitted transaction fails to process because User enters an incorrect routing or bank account number, a special handling fee will be assessed to the User’s Provider. Your Provider may choose to add their own fees/penalties to any returned item. For details on returned payment fees and penalties contact your Provider.
6. User accepts responsibility and liability for any and all Bank and Company charges assessed by Company or User’s Bank for authorizing payments in excess of available funds in User’s bank account (eg NSF charges), exceeding available credit limit, or entering invalid routing or account information. If a submitted transaction is returned due to insufficient funds, a special handling fee will be assessed by Company to the User’s Provider. Your Provider may choose to add their own fees/penalties to any returned item. For details on returned payment fees and penalties contact your Provider.
7. If approved by User upon initial registration or subsequent change, User authorizes Company to retain the minimum necessary relevant Bank information to facilitate making recurring payments or subsequent non-recurring payments.
8. User understands and agrees that Company is acting solely as an agent for User in offering User’s payments to Provider. Company specifically disclaims any agency relationship with the Provider, and Company has no responsibility to perform any act except notifying the Provider of the payment and amount, obtaining Provider’s acceptance of the amount proffered if required, and then transferring that amount to Provider for credit to User’s account, or reversing the transaction as described above.
9. User understands and agrees that Company shall not be responsible, nor have any liability to User, if a Bank refuses to make an electronic funds transfer.
10. User agrees to promptly notify Company of a change of email address, if any, by User and may do so at any time by updating their online User profile.
11. User agrees that User’s sole and exclusive remedy for the failure of any payment due to the negligence of Company or inability of Company to complete the payment is a refund of any fee(s) charged for that payment. User agrees that Company (and/or its owners, officers, employees, parent, subsidiaries and affiliates) shall not be responsible for any direct, indirect, special, consequential, incidental, or punitive damages of any sort arising from any theory of law.
12. Recurring payments authorized by User will be processed by Company on the date, and in the amount, specified by User. User accepts responsibility and liability for notifying Company of any change in the amount to be paid, the day of the month to be paid, early end of the obligation to pay or change in bank account information. For a change to be effective, it must be made no later than 9pm, Pacific Time, on the day prior to the date of scheduled payment. Changes made after that time will become effective with the next scheduled payment.
13. User acknowledges that he/she is 18 years of age or older, and agrees that User has the legal authority to enter into this agreement and affirms that the information provided is correct and complete.
14. User agrees that any dispute caused by the use of Company’s services shall be subject to the jurisdiction of the state or federal courts in Portland, Oregon, applying Oregon laws.
15. Notices required by this agreement shall be sent to User’s email address if one is on file, otherwise by first class mail to User’s registered address.
16. Company shall not be responsible for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
17. This agreement shall remain in effect for all subsequent transactions authorized by User.
18. All User banking information will be deleted after a period of non-use by User of one year. All User transaction history will be deleted after two years.
19. The terms of this agreement are subject to change at any time. Changes made to this agreement will be posted on the Payclix.com website.
Updated November 18th, 2014