GOVPROS, LLC PAYMENT AUTHORIZATION TERMS AND CONDITIONS AND E-SIGN DISCLOSURE AND CONSENT NOTICE
Section 1
These Payment Authorization Terms and Conditions and E-Sign Disclosure and Consent Notice (collectively, this “Agreement”) govern your access to and use of the secure bill payment technology service provided by GovPros, LLC (“GovPros,” “we,” “us,” or “our”). GovPros is an authorized service provider for the company or entity to which you are making a payment (the “Biller”). By accessing or using the Service (defined below), submitting or scheduling a payment, or otherwise authorizing any transaction, you agree to be bound by this Agreement. Please read it carefully and retain an electronic or printed copy.
1. DEFINITIONS
Section 2
1.1 “Service” means GovPros’ technology platform used to facilitate payments to Billers, including web, mobile, interactive voice response (“IVR”), call center/customer service representative (“CSR”) interfaces, kiosks, and any related tools, features, or services.
1.2 “Payment Amount” means the amount you authorize to be paid to the Biller.
1.3 “Service Fee” means the fee (if any) charged by GovPros for use of the Service, disclosed to you before you submit or schedule your payment.
1.4 “Total Amount Charged” means the total amount authorized in a card transaction, as disclosed to you at checkout (which may include the Payment Amount and any Service Fee, depending on configuration).
1.5 “Transfer” means an ACH/eCheck debit or a debit/credit card charge initiated through the Service.
1.6 “You” or “Payer” means the person who submits or schedules a payment through the Service.
2. REFUND POLICY (SERVICE FEES)
Section 3
2.1 All Service Fees are nonrefundable to the maximum extent permitted by law. Under normal circumstances, there are no refunds of Service Fees.
2.2 Any refund, credit, or adjustment of the Payment Amount is governed by the Biller’s policies and processes.
3. PRIVACY; INFORMATION SHARING
Section 4
3.1 Your information is used to process payment transactions and as described in GovPros’ privacy policy and/or the Biller’s privacy policy, as applicable.
3.2 You acknowledge and agree that GovPros may share your information with the Biller, processors, banks, card networks, fraud/risk service providers, and other vendors as reasonably necessary to (a) provide and support the Service; (b) process Transfers; (c) prevent fraud and manage risk; (d) enforce this Agreement; and (e) comply with applicable law, lawful requests, or legal process.
4. OTHER PAYMENT OPTIONS
Section 5
4.1 You understand the Biller may offer other payment methods (e.g., mail, in person, or other electronic methods) that may be less costly than the Service. Use of the Service is voluntary and offered for convenience.
5. NO DEBT COLLECTION ACTIVITIES BY GOVPROS
Section 6
5.1 You acknowledge that GovPros is a payment technology provider and is not a debt collector with respect to any obligation you may owe to the Biller.
5.2 You represent that your payment is not being made in response to debt collection activities initiated by GovPros and that GovPros has not acted as a vendor, seller, merchant, or lessor with respect to goods or services you received from the Biller.
5.3 If you believe GovPros has engaged in debt collection activities regarding your account, you agree to discontinue use of the Service immediately.
6. CONSENT TO CALLS, TEXT MESSAGES, AND PRE-RECORDED MESSAGES
Section 7
6.1 By accepting this Agreement, you consent that GovPros and/or the Biller may call or text you at any telephone number you provide (including cellular numbers) for purposes related to your account, the Service, payment status, customer service, security, fraud prevention, and legally required notices.
6.2 You agree such calls or texts may be made using an automatic telephone dialing system, artificial voice, and/or prerecorded voice, to the extent permitted by applicable law. Message and data rates may apply.
6.3 To withdraw consent for certain calls/texts, you must follow the opt-out instructions provided in the message or contact the Biller at the Biller’s customer service number (the “Customer Service Number”). You understand that withdrawing consent may limit your ability to use certain Service features.
7. PAYMENT AUTHORIZATION
Section 8
7.1 ACH/eCheck Authorization (One-Time Payments)
7.1.1 By clicking the designated button to complete a payment or otherwise authorizing a payment, you authorize GovPros to initiate: (a) a one-time ACH debit (or eCheck) from the bank account you designate for the Payment Amount payable to the Biller; and (b) if disclosed, a separate one-time ACH/eCheck debit for the Service Fee payable to GovPros.
7.1.2 If an additional fee is disclosed due to a prior returned item, rejection, or similar issue (including insufficient funds, account restrictions, or other return reasons), you also authorize a one-time ACH/eCheck debit for that disclosed amount payable to GovPros.
7.1.3 You understand that because this is an electronic transaction, the Transfer may be submitted for processing and funds may be withdrawn from your bank account as early as the same day you authorize the payment, or at any later time consistent with (a) the processing windows available through the Service and its service providers, (b) the date you select (if any), and (c) applicable law and network/operator rules. Processing times may vary, and GovPros does not guarantee the date or time that any funds will be withdrawn or that any payment will be credited by the Biller.
7.2 Cancellation of Future-Dated ACH/eCheck Payments
7.2.1 If you schedule a future-dated ACH/eCheck payment and wish to cancel it, you may do so up to forty-eight (48) hours prior to the scheduled processing time by contacting the Biller at the Customer Service Number (or through another method the Biller makes available).
7.3 Card Payments (Credit/Debit)
7.3.1 By clicking the designated button to complete a payment or otherwise authorizing a payment, you authorize a charge to your debit or credit card for the Total Amount Charged disclosed at checkout.
7.3.2 All card transactions are subject to card network rules and the card issuer agreement governing your card. A card payment is completed only after we receive authorization approval from your card issuer.
7.3.3 You acknowledge that, in many cases, your card statement may reflect two line items: one for the Payment Amount (Biller) and one for the Service Fee (GovPros), depending on the Biller’s configuration and processing structure.
7.4 Disputes About the Underlying Bill; Chargebacks
7.4.1 Disputes regarding the underlying bill, goods or services provided by the Biller, billing accuracy, credits, refunds of the Payment Amount, or the Biller’s application of funds are solely between you and the Biller. GovPros does not provide the goods/services giving rise to your obligation to the Biller and is not responsible for the Biller’s acts or omissions.
7.4.2 If you initiate a chargeback or dispute with your card issuer related to the Payment Amount or the underlying obligation, you agree that GovPros may provide information regarding the transaction to the Biller, processors, acquirers, and networks as reasonably necessary, and you agree to cooperate in good faith with any investigation.
7.4.3 Nothing in this Agreement limits any rights you may have under applicable law. You acknowledge that chargeback rights are governed by your card issuer agreement and applicable card network rules.
8. SAVING PAYMENT INFORMATION
Section 9
8.1 If you elect to save a payment method for future use, you authorize GovPros to store and use that payment method at your request for future payments to the Biller for as long as the payment method remains on file (or until you remove it).
8.2 If we materially change these terms as they relate to stored payment methods, we will post updated terms and, where required by law, provide additional notice.
9. RETURNED PAYMENT / NSF FEES
Section 10
9.1 If an ACH/eCheck is returned for insufficient funds or similar reasons, you may be assessed a $25.00 returned item fee (in addition to any disclosed Service Fee and any fees charged by your financial institution).
9.2 You authorize GovPros and/or the Biller (as applicable) to collect any returned item fee as permitted by law and disclosed to you.
10. RIGHT TO REFUSE, SUSPEND, DELAY, REVERSE, OR LIMIT TRANSACTIONS
Section 11
10.1 To the maximum extent permitted by law, GovPros may, in its sole discretion and without liability: (a) refuse, block, cancel, suspend, delay, or limit any payment request; (b) reverse or return a payment; (c) require additional information or verification; and/or (d) suspend access to the Service, in each case for reasons including fraud prevention, compliance, risk management, suspected prohibited use, operational issues, errors, or as requested by the Biller, processors, banks, or networks, or as required by law.
11. SERVICE PROVIDED “AS IS”; DISCLAIMER OF WARRANTIES
Section 12
11.1 To the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE.”
11.2 GovPros disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
11.3 GovPros does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
12. LIMITATION OF LIABILITY
Section 13
12.1 To the maximum extent permitted by law, GovPros’ total liability arising out of or relating to the Service, any Transfer, or this Agreement will not exceed the amount of the Service Fee paid to GovPros for the applicable transaction.
12.2 To the maximum extent permitted by law, GovPros will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
12.3 GovPros is not responsible for acts or omissions of the Biller, your financial institution, card issuer, payment networks, telecommunications providers, or other third parties. GovPros is not liable for failures caused by events beyond our reasonable control.
13. PROHIBITED USE; THIRD-PARTY PAYERS
Section 14
13.1 GovPros does not accept payments from third-party commercial payers or payment aggregators. The Service may be used only by customers of GovPros Billers. Third-party commercial payers and/or payment aggregators are expressly prohibited from submitting payments or using the Service through any channel (web, IVR, kiosk, or call center).
13.2 By using the Service, you represent and warrant that: (i) you are a customer of the Biller; (ii) you are paying on your own behalf, or as an employee or family member of a customer; and (iii) you are not using the Service as an agent for a third party, for commercial gain, or under any other third-party relationship.
13.3 Any breach of this Section is a material breach of this Agreement. GovPros reserves the right to reverse, return, or refuse any payment submitted in violation of this Agreement.
13.4 You agree to indemnify and hold GovPros harmless from any interchange, merchant, network, bank, processor, or internal costs, fees, damages, losses, expenses, and reasonable attorneys’ fees arising from or related to your breach of this Section.
14. COMPLIANCE WITH LAW; SECURITY; ACCEPTABLE USE
Section 15
14.1 You agree not to use the Service in any manner that violates any applicable law, including laws relating to money laundering, fraud, sanctions, or other illegal activity.
14.2 You agree not to introduce malware or attempt unauthorized access, and you will not use any automated means (robots, spiders, scrapers, scripts, or similar tools) to access, copy, interfere with, or extract data from the Service.
14.3 The Service and all associated intellectual property are owned by GovPros and/or its licensors and are protected by applicable laws. All rights not expressly granted are reserved.
15. RECORDS; RECEIPTS; CONTROLLING EVIDENCE
Section 16
15.1 You agree that GovPros’ and its service providers’ records (including electronic logs, confirmations, receipts, and transaction data) are conclusive and controlling for purposes of demonstrating your authorization, the submission of instructions, and the processing status of a payment, absent manifest error or as otherwise required by law.
15.2 You are responsible for reviewing transaction confirmations and retaining copies for your records.
16. INDEMNIFICATION
Section 17
16.1 To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless GovPros and its affiliates, officers, directors, employees, agents, licensors, processors, and service providers from and against any claims, demands, causes of action, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of this Agreement; (c) your violation of any law or the rights of any third party; (d) any fraud, negligence, or willful misconduct by you; and/or (e) any dispute between you and the Biller regarding the underlying obligation, except to the extent directly caused by GovPros’ gross negligence or willful misconduct where such limitation is not prohibited by law.
17. GOVERNING LAW
Section 18
17.1 Except to the extent limited or required by federal law or other applicable law that cannot be waived, the laws of the State of Nevada, without regard to conflict-of-laws principles, govern this Agreement and any dispute between you and GovPros.
18. THIRD-PARTY BENEFICIARY (BILLER)
Section 19
18.1 You acknowledge and agree that the Biller is an intended third-party beneficiary of Sections 2, 4, 5, 6, 7.4, and 10–16, and the Arbitration Agreement in Section 27, and may enforce those provisions directly against you.
19. CHANGES TO THIS AGREEMENT
Section 20
19.1 We may modify this Agreement from time to time to reflect changes to the Service, changes in law, or other business reasons. Updated terms will be posted where the Service is made available.
19.2 Unless otherwise required by law, changes will become effective no earlier than ten (10) days after posting, except that changes adding new features or made for legal reasons may be effective immediately.
19.3 If you do not agree to updated terms, you must stop using the Service.
ADDITIONAL TERMS FOR CUSTOMER PORTAL AND CALL CENTER PAYMENTS
Section 21
20. PAYMENT SCHEDULING AND AUTHORIZATION
Section 22
20.1 By providing information and submitting it through the Customer Portal or via a CSR, you authorize us (on behalf of the Biller) to initiate Transfers from your bank account via ACH/eCheck or to charge your debit/credit card, either as a one-time payment or on the schedule you select.
20.2 It is your responsibility to ensure sufficient funds or credit availability at the time of each Transfer.
20.3 If any scheduled payment date falls on a weekend or holiday, the Transfer may be processed on the next business day.
20.4 This authorization remains in effect until you cancel it through the same method used to set it up, by calling the Customer Service Number, or through another method made available for cancellation.
21. CANCELLATION TIMING
Section 23
21.1 Scheduled payments: cancellation must be received at least three (3) business days before the next scheduled payment date.
21.2 Future-dated one-time payments: cancellation must be received at least forty-eight (48) hours before the scheduled payment date.
21.3 If you submit a new payment request after canceling, you will be deemed to have reinstated authorization for that request.
21.4 “Business day” means Monday through Friday, excluding bank holidays.
ADDITIONAL TERMS FOR CERTAIN U.S. CONSUMER ACH/eCHECK AND DEBIT TRANSFERS
Section 24
This Section applies only to Transfers initiated by U.S. individuals from accounts used primarily for personal, family, or household purposes, where applicable law (including Regulation E) applies.
22. VARYING AMOUNT NOTICES
Section 25
22.1 If you set up scheduled payments and a Transfer varies in amount from the prior Transfer, you will receive advance notice from the Biller, which may be your periodic bill or a separate notice, identifying the amount and date of the next Transfer unless otherwise stated.
23. ERROR RESOLUTION AND LIABILITY
Section 26
23.1 If we do not complete a Transfer on time or in the correct amount, we may be liable for damages proximately caused, subject to applicable law and the exceptions below. We will not be liable, for example, if:
1) you do not have sufficient funds through no fault of ours;
2) the Transfer would exceed your overdraft or credit limit;
3) the access method you used was not working and you knew about the issue;
4) circumstances beyond our control (e.g., fire, flood, system outages) prevent the Transfer despite reasonable precautions; or
5) other exceptions stated in your agreement with the Biller apply.
24. CONFIDENTIALITY / DISCLOSURES
Section 27
24.1 We will disclose information about Transfers to the Biller. We may also disclose information to third parties: (i) as necessary to complete Transfers; (ii) to verify your account as permitted by law; (iii) to comply with lawful requests, subpoenas, court orders, or government agency requirements; (iv) as provided in our privacy policy or the Biller’s privacy policy; or (v) with your consent.
25. UNAUTHORIZED TRANSFERS; REPORTING TIMEFRAMES
Section 28
25.1 Your Biller performs customer care functions related to your accounts with the Biller. If you believe your Customer Portal credentials have been lost or stolen, contact the Biller immediately at the Customer Service Number and change your password.
25.2 If you do not notify the Biller within four (4) business days after you learn of the loss or theft, and we can prove we could have prevented unauthorized Transfers had you notified the Biller, you could lose up to $500, as permitted by applicable law.
25.3 If your bank statement shows Transfers you did not make or authorize, notify the Biller immediately. If you do not notify the Biller within ninety (90) days after the statement was sent, you may not be entitled to recover amounts lost after that period if it is proven the loss could have been prevented with timely notice.
25.4 All questions about transactions made through the Service must be directed to the Biller, not your bank or other financial institution. GovPros is responsible for the bill payment service and, together with the Biller, for resolving errors related to Transfers.
26. INVESTIGATION PROCESS
Section 29
26.1 Contact the Biller at the Customer Service Number or write to the Biller at the address provided as soon as possible if you believe information about a Transfer is incorrect or you need more information. The Biller must hear from you no later than ninety (90) days after you receive the first statement where the issue appeared.
26.2 You must provide: (1) your name and Biller account number (if any); (2) a description of the error or the Transfer and why you believe it is an error; and (3) the dollar amount of the suspected error.
26.3 If you notify the Biller orally, the Biller may require you to submit your complaint in writing within ten (10) business days.
26.4 We and/or the Biller will investigate and determine whether an error occurred within fifteen (15) business days after receiving notice and will correct any error promptly. If additional time is needed, the investigation may take up to forty-five (45) days, as permitted by law. If we request written notice and do not receive it within ten (10) business days, we may be unable to credit your account.
26.5 We will notify you of results within three (3) business days after completing the investigation. If no error is found, we or the Biller will provide a written explanation upon request, and you may request copies of documents used in the investigation.
26.6 GovPros does not provide periodic statements listing Service payments; however, you may view payment history in the Customer Portal. Transfers will appear on the statement issued by your bank or other financial institution.
ARBITRATION AGREEMENT
Section 30
This Arbitration Agreement applies only to claims between GovPros and U.S. individuals.
27. MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
Section 31
27.1 Agreement to Arbitrate. Any dispute, claim, or controversy between you and GovPros arising from or relating to the Service, a payment to a Biller, or this Agreement (a “Dispute”) will be resolved by mandatory, binding arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (the “Rules”).
27.2 Small Claims Carve-Out. Either party may bring an individual action in small claims court in the county (or parish) of your residence (or another appropriate small claims venue), provided the claim qualifies and remains an individual action.
27.3 Class Action Waiver; Representative Proceedings Prohibited. No Dispute may be pursued on a class, collective, or representative basis. Neither party will seek to coordinate or consolidate arbitration with any other proceeding.
27.4 Delegation; Arbitrability. To the maximum extent permitted by law, the arbitrator (not any court) will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable.
27.5 Seat, Venue, and Procedure. Unless the parties agree otherwise, the arbitration will have its seat in Clark County, Nevada. At your election (and to the extent permitted by the Rules), the arbitration may be conducted by video, telephonic, or document-only procedures, and GovPros will not object to the use of such remote procedures for U.S. individual consumers. If an in-person hearing is requested by either party, the arbitrator/administrator will determine whether an in-person hearing is necessary and, if so, the location will be Clark County, Nevada unless the Rules require otherwise or the parties agree to a different location.
27.6 Fees and Costs. Payment of arbitration fees and costs will be governed by the Rules and applicable law. If you demonstrate that arbitration costs would be prohibitive compared to court, GovPros will consider reasonable requests for fee allocation consistent with the Rules and applicable consumer protection requirements.
27.7 Governing Law and Finality. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitration award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
27.8 Administrator Unavailability. If NAM is unavailable or unwilling to administer the arbitration, the parties will select a substitute administrator or arbitrator consistent with the FAA.
27.9 Severability (Including Class Waiver). If any portion of this Arbitration Agreement is held invalid or unenforceable, the remaining portions will remain in effect; however, if the Class Action Waiver is held unenforceable, then this Arbitration Agreement will be null and void solely as to the class/representative proceeding, and any such class/representative claim must proceed in court, not arbitration, to the extent required by law.
27.10 Rules. You may obtain a copy of the Rules by contacting NAM at 990 Stewart Ave., 1st Fl., Garden City, NY 11530 or at www.namadr.com.
E-SIGN DISCLOSURE AND CONSENT NOTICE
Section 32
28. SCOPE; CONSENT
Section 33
28.1 This E-Sign Disclosure and Consent Notice (this “Notice”) applies to all communications we provide to you electronically (“Communications”). By registering a payment method, scheduling payments, or using the Service, you consent to receive Communications electronically and agree that such Communications satisfy any legal requirement that they be provided “in writing.” If you do not consent, do not register a payment method or schedule payments.
29. COVERED COMMUNICATIONS
Section 34
29.1 Communications may include, without limitation: (i) this Agreement and updates; (ii) privacy notices; (iii) transaction receipts and confirmations; (iv) bills and communications provided by the Biller; and (v) customer service communications.
30. DELIVERY METHODS
Section 35
30.1 We may provide Communications by email, SMS link, or by making them accessible through websites, mobile websites, the Customer Portal, kiosks, or other devices used with the Service, including via hyperlinks. Communications may be provided in PDF or other electronic formats viewable via commonly available software.
31. HARDWARE/SOFTWARE REQUIREMENTS
Section 36
31.1 To access and retain Communications, you must have: (a) a valid email address; (b) a computer, mobile device, or tablet with internet access and a current web browser; and (c) sufficient storage or printing capability to retain Communications.
32. WITHDRAWING CONSENT
Section 37
32.1 You may withdraw consent to this Notice at no cost by writing to: Attn: GovPros, LLC, 4575 Dean Martin Drive, Suite 1104, Las Vegas, NV 89103.
32.2 Withdrawing consent will cancel any scheduled automatic payments and may limit your ability to use the Service.
33. PAPER COPIES
Section 38
33.1 GovPros does not provide paper copies of Communications by default. Certain paper copies may be available from the Biller.
33.2 You may request a paper copy of a Communication from us if available, and we may charge a reasonable fee. To request a paper copy, write to: Attn: E-Sign, GovPros LLC, 4575 Dean Martin Drive, Suite 1104, Las Vegas, NV 89103. Include your mailing address and specify the Communication requested.
34. UPDATING CONTACT INFORMATION
Section 39
34.1 You are responsible for keeping your email address current. If we send a Communication to the email address on file and you do not receive it because it is inaccurate, outdated, blocked, filtered, or otherwise not deliverable, you agree the Communication will be deemed provided.
34.2 Update your email address through the profile section of the Customer Portal.
35. TERMINATION / CHANGES
Section 40
35.1 We may discontinue electronic Communications or change these terms in our sole discretion, and we will provide notice as required by law.