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The Speedpay® Service is Subject to the Following Terms and Conditions

 

These Terms and Conditions ("Terms and Conditions") are in effect for all Speedpay® transactions processed though this Speedpay payment website ("Website") on or after March 1, 2009 and apply to and govern Your access to and use of this Website and the Speedpay Service ("Service"). This Service is available only to customers of the Receiver.

Do not use or access this Website or Service if You do not agree to be bound by these Terms and Conditions.

The Service enables You to provide authorizations to the Receiver via the Internet to allow Speedpay to debit Your bank account via an Automated Clearing House (ACH) electronic payment for the purpose of sending a payment to the Receiver. The Service may be used to send a single payment. If the Receiver has elected to authorize recurring payments, then the Service may also be used to schedule recurring payments. To be sure that Your payment is received on time, You should schedule Your payment so that the Receiver receives the payment by the due date. Please check the webpage on which You enter Your payment information for the posting rules applicable to Your Receiver.

As used in these Terms and Conditions, the term "Sender" means a user of this Website, located in the U.S., who is sending a payment to the Receiver. The terms "Speedpay" "we", "our" or "us" refer to Speedpay, Inc. The term "Receiver" refers to the Receiver (i.e. the receiver of Your payment), generally a business that is a client of Speedpay that has authorized Speedpay to process payments from its customers. The terms "You" and "Your" may be used to refer to the Sender. The term "bank account" means a checking account, savings account, or money market account established in Your name at a bank or other financial institution. You may only designate bank accounts held in Your name for debiting to send a payment. Speedpay may charge a transaction fee ("Service Fee") for each payment sent through the Service. If a Service Fee is charged, it will be disclosed to You prior to making a payment and You will be given the option of not proceeding with the payment transaction if You do not wish to pay the Service Fee. If Speedpay charges a Service Fee for Your payment, then we will only process the transaction if You agree to pay the Service Fee. Speedpay reserves the right to discontinue the Service at any time. The term, "business day," means Monday through Friday, except for holidays.

 

1. Compliance

Sender represents, warrants and certifies to Speedpay that Sender's use of the Service shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft; and/or (b) violate any of these Terms and Conditions of use. When required by applicable law, Your Speedpay Service transactions will be reported to federal, state, local or foreign authorities. In addition, Speedpay will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Speedpay with certain information to allow Speedpay, among other things: to verify Your identity; to receive appropriate authorization; and to complete the transaction. Speedpay is not an escrow service provider and You agree that You will not use the Service for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please refer to Speedpay's Online Privacy Statement for information concerning Speedpay's use of Your information. It is also important to carefully review the information concerning REFUNDS below. Speedpay may amend these Terms and Conditions at any time by posting the amended terms on the Website, and all amended terms shall be effective immediately after they are posted to the Website.

 

2. Methods of Payment

With the authorization You provide through this Website ("Authorization"), we debit the bank account You designate for the amount of the payment You wish to send to the Receiver, plus the Service Fee, if any. With Your Authorization, we will debit the account You designate through the automated clearing house (ACH) electronic payment system. Depending on the payment options permitted by the Receiver, You may schedule either one time or recurring payments. The payment screen(s) You access for Your Receiver will indicate which payment options are available. Pursuant to the information and Authorization, we will debit the bank account You have designated at the time You have authorized to send a payment to the Receiver. We will send Your payment to the Receiver through an ACH credit to the Receiver's designated bank account, together with the transaction information pertaining to Your payment. The funds will first pass through a Speedpay bank account (or an account of a Speedpay affiliate) and then be forwarded to the Receiver. Each time You use the Service You agree that Speedpay is authorized to debit Your designated bank account for the amount of Your payment and any Service Fee that you've agreed to pay and any other applicable fees. You agree not to send a payment that exceeds Your transfer limits or the balance of Your bank account (including any overdraft allowances by Your financial institution). Your agreement with Your financial institution governs use of Your bank account, and You must refer to that agreement to ascertain Your rights and liabilities as an account holder.

 

3. Transaction Limits

Speedpay reserves the right to limit the maximum amount of a payment, or to reject a proposed payment, in its sole discretion.

 

4. Fees and Payment

Fees. In consideration for the use of the Speedpay Service, You may have to pay to Speedpay a Service Fee for each Speedpay Service transaction initiated by You. If a Service Fee applies, then the applicable Service Fee for Your transaction will be disclosed to You prior to Your final Authorization of the transaction. We will only charge You the Service Fee with Your Authorization. If You elect to proceed with a transaction, we will debit Your bank account (by ACH debit) for the amount of the payment to the Receiver and, separately, for the amount of any applicable Service Fee.

Payment. If Speedpay does not receive Authorization from You to debit Your bank account for the amount of the Service Fee, if any, plus the amount of the payment to the Receiver, the transaction will not be processed and funds will not be transmitted to the Receiver.

NSF; Additional Fees or Charges. You agree if there are insufficient funds ("NSF") in Your bank account to cover a requested transaction, or if Your bank rejects a transfer for any other reason, the transaction will be cancelled and Your payment will be reversed. If this occurs, You may be liable to the Receiver for interest, late fees and other charges. You may also be liable for any fees charged by the financial institution where You have Your bank account.

 

5. Revocation or Cancellation

You may not cancel a payment once it has been debited from Your bank account. For recurring or future dated payments, you cancel or modify your authorization through this website at anytime before a payment has been submitted for processing.

 

6. Refunds

Speedpay has no obligation to refund the principal or the Service Fee once Your bank account has been debited. Please call the Receiver if You have questions concerning amounts posted to Your account with the Receiver.

 

7. Error Resolution

If a debit to Your bank account through the Service has not been Authorized by You, please contact Your bank to advise it of the unauthorized transaction. If we have made an error or You have a question about a transaction processed through the Service You may contact us as the Customer Service number listed below. We are responsible for the Service and for resolving any errors in transactions made with the Service. In case of errors or questions about Your service transaction, or if You need more information, contact the Customer Service number below. We must hear from You no later than 90 days after Your financial institution sends You the first statement on which the problem or error appeared (this time period is subject to extension if a delay results from Your initial attempt to notify Your financial institution rather than us) and: (A) Tell us Your name and Your bank account number; (B) Describe the error or payment You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information; and (C) Tell us the dollar amount of the suspected error. If You tell us orally, we may require that You send us Your complaint or question in writing within 10 business days. 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, and if the transaction in question was made by a debit to Your bank account, we will credit Your bank account within 10 business days for the amount You think is in error, so that You will have the 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 business days after completing our investigation. If we decide that there was no error, we will send You a written explanation. You may ask for copies of the documents that we used in our investigation.

 

8. Liability For Unauthorized Charges to Your Account

If You think someone has used or may use the Service without Your permission to authorize a debit to Your bank account, contact Customer Service immediately. You should also contact Your financial institution. Calling immediately is the best way to keep Your losses down. If You contact us within 4 business days You can lose no more than $50 if someone used the Service to authorize a debit to Your bank account without Your permission. You could lose up to $500 if You do not notify us within 4 business days and we could have prevented the loss. Call us immediately if any unauthorized Speedpay debits are shown on Your bank account statement. If You do not tell us within 90 days after the statement was mailed to You and we could have prevented the loss, You may not get back any money You lost after the 90 days. If You had a good reason for not telling us within 90 days, we will extend the time period.

 

9. Documentation / Information

Payments and fees will be listed as payment to the WU/Receiver on Your bank account statement. A confirmation receipt will be made available to You on this Website after You submit Your payment information. You should print and retain a copy of the confirmation or copy it to Your hard drive for Your records. You may also contact Customer Service at the number below at anytime to learn of Speedpay debits to Your bank account. We will not send You a periodic statement listing transactions that You make using the Service. The transactions will appear only on the statement issued by Your financial institution. If You have any questions about one of these transactions, contact Customer Service.

 

10. Our Liability

If we fail to debit Your account in accordance with these Terms and Conditions in the correct amount or in a timely manner when properly instructed by You, we will be liable for certain losses proximately caused by our failure as the law may impose in such cases. However, there are some exceptions, for example: If there are insufficient funds in Your bank account, or Speedpay does not receive Authorization from You to debit Your bank account by ACH, or if You decline to authorize the payment of an applicable Speedpay Service Fee, Speedpay assumes no obligation to complete a transaction and send a payment to the Receiver. You agree that Speedpay shall not be liable for damages resulting from nonpayment to Receiver or any failure to complete any applicable transaction by reason of the foregoing, or other matters beyond its control.

 

11. Limitation of Liability

IN NO EVENT SHALL SPEEDPAY NOR RECEIVER BE LIABLE FOR DAMAGES, INCLUDING FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY SPEEDPAY 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 SERVICE FEE FOR THE AFFECTED TRANSACTION, AND THE PAYMENT AMOUNT, IF ANY, HELD BY SPEEDPAY), UNLESS THE SENDER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE TELEPHONE NUMBER SET OUT AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PAYING AN ADDITIONAL CHARGE THEREFOR. IN NO EVENT WILL SPEEDPAY OR RECEIVER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

SPEEDPAY WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THIS WEBSITE AND ACTUALLY RECEIVED BY SPEEDPAY, AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. SPEEDPAY AND RECEIVER ARE 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. SPEEDPAY AND RECEIVER ARE 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 RECEIVER TO PROVIDE YOU ACCESS TO THE SPEEDPAY SERVICE, SPEEDPAY IS NOT AFFILIATED WITH THE RECEIVER AND DOES NOT GUARANTEE THAT ANY PAYMENTS YOU SEND TO THE RECEIVER SHALL BE ACCEPTED BY THE RECEIVER OR SHALL BE PROPERLY CREDITED TO YOU BY THE RECEIVER. SPEEDPAY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY OBLIGATION OF RECEIVER TO YOU. YOU AGREE THAT SPEEDPAY SHALL HAVE NO LIABILITY FOR THE WRONGFUL ACTS, NEGLIGENCE OR ERRORS OF THE RECEIVER OR ANY THIRD PARTY ACTING AS AN AGENT OF THE RECEIVER, INCLUDING THE FAILURE TO PROPERLY ACCOUNT FOR THE FUNDS YOU SEND TO THE RECEIVER.

 

12. Resolution of Disputes

The following "Resolution of Disputes" provision applies to Speedpay transactions originating outside California. Any dispute or claim arising from or relating to the Speedpay Service and/or the Terms and Conditions, including any dispute or claim regarding the applicability of this provision, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect at the time the claim is filed, with such arbitration to be held in the most populous city in the state from which the Speedpay Service transaction was sent, or in such other location as the parties may mutually agree. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com , or at P.O. Box 50191, Minneapolis, MN 55405. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THE SPEEDPAY SERVICE.

 

13. Indemnity

You agree to indemnify, defend and hold harmless Speedpay and Receiver, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Website or Speedpay Services; and/or (ii) Your breach or violation of the Terms and Conditions. Speedpay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of Speedpay.

 

14. Electronic Delivery of Future Disclosures

You agree to accept all subsequent disclosures (including, without limitation, any disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and Speedpay on the Website or at the primary email address You provided. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Speedpay. You may revoke Your consent at any time by contacting Customer Service.

 

15. Intellectual Property

The Website, the Speedpay Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Speedpay or third parties, and all right, title and interest therein and thereto shall remain the property of Speedpay and/or such other third parties. The Website and the Speedpay Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Website for Your own personal, non-commercial use. You agree that You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the Speedpay Service or any portion thereof for any public or commercial use without the express written consent of Speedpay. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Website and/or Speedpay Service; and (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Speedpay and other names and indicia of ownership of Speedpay's Speedpay Service are the exclusive marks of Speedpay or other third parties. Other product, service and company names appearing on the Website may be trademarks of their respective owners.

 

16. Links to Other Sites

The Website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Speedpay or any of its affiliates to any third party resources or their contents. Links do not imply that Speedpay is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Speedpay or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Speedpay does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.

 

17. Miscellaneous

These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Speedpay regarding the Website and the Speedpay Service and supercede all prior agreements or understandings You have with Speedpay. Speedpay has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Speedpay's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Website and Speedpay Services is governed by Colorado law, without regard to its rules regarding conflicts of law. The Website and Speedpay Services are directed to persons age 13 and over residing in the U.S. The Website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

For telephone inquiries, comments or questions on your account with Receiver please call 877-263-7021.

For questions about the Speedpay service or the Speedpay payments website, please call (866) 316-3360, Monday - Friday 8:00 AM - 5:00 PM ET. Please note, operators cannot assist you with questions regarding your GM Financial account.

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