Terms and Conditions
Welcome to the secure payment platform service provided by PayStar (hereinafter referred to as “service” or “payment platform”). We are an authorized provider for the billing company to which you are about to make a payment. These terms and conditions set forth a legally binding agreement governing your use of the service and outline important conditions that apply to your use of the service. By utilizing the service, permitting any person to do so on your behalf, or utilizing the service on someone else’s behalf, you agree to these terms and conditions. If you do not agree to these terms and conditions, you must not utilize the service. If you use this service to make your payment, you accept these terms and conditions, so please read them carefully.
Accurate and Complete Billing Information: You are solely responsible for providing accurate and complete information to use this service and for confirming any amount owed. Completion of your payment is contingent upon both: (1) the authorization of payment by your credit card company or financial institution with respect to debit cards and electronic check payments (hereinafter sometimes referred to collectively as “card or other payment account”) and (2) acceptance of your payment filing by the billing company you are paying. If your payment is not processed or authorized by your card or other payment account (as applicable) or your payment is not accepted by the biller, your payment liability shall remain outstanding and unpaid and you will be responsible for any penalties, late fees, and interest charges assessed by your biller.
Payment Authorization: When PayStar receives a payment authorization from you, you authorize us to debit or charge your card or other payment account for the amount of the payment plus any related fees in effect at the time you initiate the payment, and to remit funds on your behalf. YOU ACKNOWLEDGE AND AGREE THAT A FEE MAY BE CHARGED TO YOU TO PROCESS PAYMENTS PURSUANT TO THIS AGREEMENT. ANY SUCH FEES WILL BE DISPLAYED TO YOU PRIOR TO FINALIZING THE PAYMENT INSTRUCTION. YOU HEREBY AGREE TO PAY ANY SUCH APPLICABLE FEES. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats. You certify that any card or other payment account you add to your profile or otherwise utilize in connection with the service is an account from which you are authorized to make payments, and any payment you make using the service will debit/charge a card or other payment account that you are legally authorized to use.
Acceptance and Completion: By clicking on the "Pay Now"/"Submit Payment" button you agree to pay the total amount charged, which includes both the amount to be paid to the billing company and the fee, if any is due, to be paid to PayStar. All authorizations are subject to the agreements governing your credit or debit card or other payment account. Payment transactions will only be completed after receiving successful authorization from your card company or other payment account for the total amount charged. We will use reasonable efforts to complete your payments properly.
Auto-Pay: When signing up for PayStar’s Auto-Pay or recurring billing payments by card or echeck, you understand and agree that:
• Your card or other payment account will automatically be debited each time a payment is due.
• Your card or other payment account will be debited for the amount owed regardless of whether the bill is constantly the same amount owed or if the amount owed changes or has a variable rate in subsequent billing cycles.
• It is your sole responsibility to cancel scheduled card or echeck payments if you move or sell your home. Failure to do so may result in service fees and continued withdrawals from your payment account.
• It is your sole responsibility to cancel PayStar’s online Auto-Pay or recurring billing payments and deactivate any unwanted notifications if you no longer desire to use PayStar’s online automatic payment functions.
• It is your sole responsibility and you agree to ensure that the information you provide is and remains accurate. If your card or other payment account number changes or your credit or debit card expiration date changes, you agree to provide PayStar that updated information. PayStar will not be responsible for any payment processing errors or fees incurred if you fail to provide accurate information.
• If you are currently set up for automatic payments through your bank and are changing over to PayStar’s Auto-Pay or recurring billing payments, then please contact your bank and/or the billing department to cancel your bank’s automatic payments. Failure to do so may result in multiple withdrawals and additional service fees.
• When making an echeck payment, please carefully verify your bank account and routing number. Failure to do so will result in a failed payment and an additional service/return fee.
Refund Policy: Under normal circumstances, there are no refunds on the payments. If there is a discrepancy in the payment amount, then please call your billing company or our Customer Services Center.
Prohibited Use: Third party commercial payors and/or payment aggregators are expressly prohibited from submitting payments through the PayStar Payment Platform or otherwise use the PayStar Payment Platform. By using the PayStar Payment Platform, you represent and warrant you (“Payor”) are (i) a customer of the billing company you are paying; (ii) are paying a bill/account receivable on your own behalf, or as an employee or relative of a customer of the billing company; and (iii) not using the PayStar Payment Platform and/or the electronic billing and payment services on behalf of a customer of the billing company under a claim of agency or other third-party relationship, or for commercial gain. PayStar reserves the right to reverse any and all payments made from third party agencies, and you agree to: (i) indemnify PayStar for interchange fees, merchant fees, as well as all other costs and fees, including internal costs to PayStar to research and compile charges by you, incurred in processing a payment transaction in violation of these Terms and Conditions, and (ii) indemnify PayStar for all other damages, costs, fees expenses, and attorney fees resulting from your beach of this agreement.
Limitations of Liability: You agree that PayStar’s liability for any delay, failure of delivery, underpayment, or nonpayment is limited to the fee paid to PayStar to process your transaction. You agree further that PayStar shall not be liable for any damages whatsoever for its failure to process transactions from prohibited third parties as stated above. FURTHERMORE, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THIS SERVICE IS PROVIDED AS-IS AND AS AVAILABLE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
PayStar, its affiliated service providers, or any of the respective officers, directors, employees, affiliates or stockholders, shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages that may result in any way from your use of or inability to use the service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance of the service.
In no event shall PayStar or our affiliated service providers be responsible or liable for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalized settings; any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from the website or service; or any third party’s inability or refusal to authorize a payment or any other acts or omissions of third parties not controlled by PayStar.
Compliance with Law: You represent and warrant that your use of the PayStar Payment Platform shall not violate any law, statute or regulation involving money laundering, or any other illegal activity. The PayStar Payment Platform, including, but not limited to its websites and IVR systems, belong to PayStar. All coding and intellectual property contained in those platforms are owned by PayStar. You further agree that you will utilize the payment platform solely for payment of a debt and will not utilize or introduce to the payment platform any automated program or device such as a robot, spider, or scraper for any reason including, without limitation, for the purpose of paying bills, copying the payment platform, or otherwise obtaining any unauthorized information about the payment platform.
Amendments and Updates to Terms: These Terms and Conditions, and applicable fees and service charges, may be altered or amended from time to time by posting a revised version on the payment platform website or providing a revised version by other means. Any use of the service after a notice of change or after the posting of a revised version of these Terms and Conditions on the website will constitute your agreement to such changes and revised terms. The revised version will be effective at the time it is posted or otherwise provided to you unless a delayed effective date is expressly stated in the revision. Further, PayStar may, from time to time, revise or update the payment platform applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these Terms and Conditions as to all such prior versions of the applications, services, and/or related material and limit access to only the payment platform’s more recent revisions and updates. You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the Terms and Conditions, or disclosure required to be provided orally or in writing to you.
Arbitration: For any claim (excluding claims for injunctive or other equitable relief) arising out of or relating to the use of this service or these Terms and Conditions, the parties must resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party commencing arbitration will initiate such arbitration through the American Arbitration Association ("AAA") or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state, and local laws remain available through arbitration.
Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflicts of law provisions. To the extent that these terms conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. In the event of such replacement, all other terms of these Terms and Conditions shall remain in full force and effect. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising from use of the payment platform service or under these Terms and Conditions, which instead shall be brought under the Arbitration clause set forth above.