TERMS AND CONDITIONS OF SHUMATE MECHANICAL'S ONLINE QUICK PAY PAYMENT SERVICE
"Agreement" means these Terms and Conditions of the Online Quick Pay Payment Service. "Payment" is a payment that is initiated by you through the Service to Shumate Mechanical. "Business Day" is every Monday through Friday, excluding holidays. "Due Date" is the date reflected on your invoice or statement. "Service" means the Payment Service offered by Shumate Mechanical through PayPal. "We," "us," and "our" refer to the Service. "You" and "your" refer to the individual that is submitting payment using the Service. An "Authorized User" is any individual which you allow to use the Service or your password or other means to access your account.
ONLINE QUICK PAY PAYMENT SCHEDULING
Online Quick Pay Payments begin processing one (1) Business Days after you submit payment. Payments should be submitted prior to any due date. In certain rare situations, an Online Quick Pay Payment may take four (4) Business Days to be processed.
Due to circumstances beyond the control of the Service, particularly delays in handling and posting Bill Payments by the Payee or financial institutions, some Bill Payment transactions may take longer to be credited to your account. The Payye will bear responsibility for any late payment should a Payment post after its Due Date in accordance with the guidelines described under "Online Quick Pay Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with account information of the Payee, you authorize the Service to forward Payment information that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. If you choose to utilize a Payment Account that is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the submitted date. You certify that any Payment Account used to make payments is an account from which you are authorized to make payments, and any payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- If, through no fault of the Service, a Payee that makes available to you split-payment functionality (in which your payment may be split and allocated in various ways that such Payee may offer) does not split and/or allocate the payment in accordance with your Payment Instruction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION REQUESTS
You cannot cancel or edit Online Quick Pay Payments within the application; in such case, you must contact Shumate Mechanical or your credit card company directly. There is no charge for canceling or editing a Payment that you submit using a Payment Account that is a checking account. Once the Service has begun processing any Payment, it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service cannot assist with a stop payment request for any Payment scheduled using a Payment Account that is a credit card account; in such case, you must contact your credit card company directly. The following applies only to Bill Payments scheduled using a Payment Account that is a checking account: The Service's ability to process a stop payment request will depend on the Bill Payment method and whether or not a Payment has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact customer service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
DELIVERY AND PRESENTMENT
This feature is for the payment of electronic bills only and it is your sole responsibility to contact your Payee directly if you do not receive your Payee invoice or statement.
Information provided to the Payee - The Service is unable to update or change your personal information, such as, but not limited to, name, address, phone number(s) and e-mail address(es), that you have established with the electronic Payee. Any changes to such information will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all user names and passwords for the electronic Payee site. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Payee, provide to the Payee your e-mail address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about Service and/or bill information.
Notification - The Service will use its best efforts to present all of your payments promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Service and check on the delivery of new payment information. You are responsible for ensuring timely payment of all bills.
Non-Delivery of electronic payments(s) - You agree to hold the Service harmless should the Service fail to deliver your payment(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered payments must be requested from the Shumate Mechanical directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your account or payment(s). The Service is only responsible for presenting the information we receive from you. Any discrepancies or disputes regarding the accuracy of your account or payments must be addressed with Shumate Mechanical directly. This Agreement does not alter your liability or obligations that currently exist between you and Shumate Mechanical.
Information included in your Service profile, as identified in the application, including, but not limited to, your user name, password, and Payment Account data, is used as part of the Service. You will be able to use your same profile data (such as user name and password) to sign-in to related customer portals sites. Your Payment Account information will also be available to make payments from our related customer portal sites.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 1-800-564-9184 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within four (4) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your Service account without your permission. If you do not tell us within four (4) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your Service account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers through the Service that you did not authorize, you must tell us at once. If you do not tell us within ninety (90) days after the statement was sent to you, you may lose any amount transferred through the Service without your authorization after the ninety (90) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your Service transactions, you should as soon as possible notify us via one of the following:
- Telephone us at 1-678-584-0880 during customer service hours;
- Write us at:
2805 Premiere Parkway
Duluth, GA 30097
- Tell us your name and Customer account number;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
The Service's policy with respect to use of your information will be in accordance with the Shumate Mechanical privacy statement that may be viewed at the www.ShumateMechanical.com site.
SERVICE FEES AND ADDITIONAL CHARGES
Any financial fees associated with your accounts will continue to apply. 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. When applicable, you agree to pay any other applicable charges and authorize the Service to deduct such charges from your designated Account.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your customer profile is current and accurate. This includes, but is not limited to, name, address, phone number(s) and e-mail address(es). Changes can be made either within the application or by contacting customer service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service you may do so via one of the following:
- Telephone us at 678-584-0880 during customer service hours;
- Write us at:
2805 Premiere Parkway
Duluth, GA 30097
- By using the application's cancellation feature.
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid; the Service is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
RETURN PAYMENT FEES AND COSTS
The following is a link to a state-by-state collection fee and cost table for returned payments:
Merchants should always link directly to this TeleCheck®-hosted URL provided above and include the link in authorization language if subscribing to TeleCheck’s warranty services or if TRS Recovery Services is collectingon their behalf. These state-specific collection fees and costs are subject to change, and linking to a TeleCheck®-hosted page will minimize the number of maintenance updates required. The merchant may choose how to display these state fees and costs. Suggestions include a new pop-up window, a full browser window, or directly on the checkout page.
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 Payment Account from your financial institution (for example, to resolve payment posting problems or for verification). In addition, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau.
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. If you dispute a Payment made from an Account that is a credit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your credit card company; the Service is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or customer service department says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.