Terms of Agreement
The following link provides terms and conditions related to the Payment services (the “Service”) offered by Paymitly and any of its subsidiaries ("us," "we," "our" or "Paymitly"), portions of which are provided through third party providers.
"Agreement" means these Terms and Conditions of the Service.
"Authorized User" is you as the subscriber (“Subscriber”) to the Paymitly eWallet or any individual who you allow to use the Service or your password or other means to access your Paymitly eWallet.
"Billing Account" means the account you have directly with Paymitly related to the mobile phone and related products and services provided to you by Paymitly.
“Business Day” means Monday through Friday, but excluding holidays as observed by the Government.
"Funding Account" is any account (including a checking account, debit card account, or credit card account) from which or to which Payments will be debited or charged.
“Mobile Alerts” is a function of the Service whereby SMS text messages are sent to your mobile phone to serve as additional notifications of system events related to the Paymitly eWallet.
“Payment” is a payment transaction initiated by an Authorized User through the Service to Paymitly.
"Payment Date" is the day your Funding Account will be debited or charged for the Payment.
"Payment Instruction" is the information provided by you to the Service for a Payment to be made to Paymitly (such as, but not limited to, Billing Account number, Payment Date).
“Personal Information” refers to information used to uniquely identify a single person.
“Default Funding Account” is a Funding Account that has been designated as your primary, default account, against which the Service will execute transactions unless you otherwise specify or in circumstances as described in these Terms & Conditions.
“Scheduled / Pending Payment “is a Payment established to take place on a future date that has been established by you.
"Service" is defined in the first paragraph above.
"You" and "your" refer to the individual that is using the Service.
To be eligible for the Service, you must be at least 18 years old and a legal resident from any of the country from the world.
Your use of the Service is your confirmation that you meet all eligibility requirements for the Service and your acceptance of and agreement to the Paymitly Terms and Conditions of Service.
The Service may impose limits on the amount of money you use or number of Payments you may execute in a period of time.
ADDING FUNDING ACCOUNTS, PAYMENT AUTHORIZATION, AND PAYMENT
You authorize the Service to add Funding Accounts to your Paymitly eWallet when received from you through Paymitly. You also authorize the Service to follow the Payment Instructions that it receives from you through Paymitly and/or Paymitly’ agents. When the Service receives a Payment Instruction, you authorize the Service to debit or charge your Funding Account and remit funds to Paymitly on your behalf. You certify that any Funding Account you add to your profile is an account held by you and from which you are legally authorized to debit or charge Payments, and any Payment you make using the Service will debit or charge a Funding Account that you are legally authorized to use.
The first Funding Account that you add to your profile shall be deemed to be your Default Funding Accounts, unless you later change the designation of what shall be the Default Funding Account. If your identity cannot be verified satisfactorily, the Service might not allow you to add a specific type of Funding Account to your eWallet.
Neither Paymitly nor the Service shall incur any liability if the Service is unable to complete any Payments initiated by you for any reason beyond the Service’s control, including because of the existence of any one or more of the following circumstances:
1. If, through no fault of the Service, your Funding Account does not contain sufficient funds or a sufficient credit limit to complete the Payment or if the Payment would exceed the credit limit of your Funding Account;
2. The Service's payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the Payment;
3. You have not provided the Service with the correct Funding Account information, or information that you provided becomes incorrect (e.g., if you are issues a new payment card with a new card number); and/or
4. Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment 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 Funding Account or causes funds from your Funding Account to be directed in a manner that does not comply with your Payment Instructions, your sole remedy shall be the Service returning the improperly transferred funds to your Funding Account, and directing to Paymitly any previously misdirected Payments.
FUNDING ACCOUNT NUMBER AND EXPIRATION DATE CHANGES
If your credit or debit card account number or bank account number changes or your credit or debit card expiration date changes, we may acquire that information from our financial services partners without notice to you and update your Funding Account.
PAYMENT CANCELLATION REQUESTS
With the exception of AutoPay (as discussed below under “Cancelling Autopay Payments”), once the Service has begun processing any Payment, the Payment cannot be canceled or edited through the Service.
FAILED OR RETURNED PAYMENTS
In using the Service (including Autopay, as discussed below), you are requesting the Service to make Payments for you from your Funding Account. If we are unable to complete the Payment for any reason associated with your Funding Account (for example, if there are insufficient funds in your Funding Account to cover the Payment or your credit limit has been reached, the Billing Account or Funding Account number is not valid, the Service is unable to locate your Billing Account or Funding Account, or your Billing Account is already paid in full), the Payment might not be completed. You understand that the Service, your financial institution, your card issuer, payment processors and/or other parties may return Payments for various reasons, including those outlined above. Further, in order to manage risk, the Service may limit the Funding Accounts available, or the allowed Payment amount, for any or all Payments, including Auto Payments. The Service reserves the right to use any Funding Account found within your Paymitly eWallet to make your Payment to Paymitly. If we cannot process your Payment, you are still responsible to make it, and you are responsible for ensuring timely payment of all of your Paymitly bills.
An AutoPay payment is a type of Payment whereby you authorize the Service to directly charge a Funding Account in your Paymitly ewallet for on‐demand charges (“AutoPay”). On‐demand charges include, but are not limited to, your monthly service fees and due immediately charges. If you authorize this type of Payment, AutoPay payments will be made to your account to cover any due immediately charge not made by you using another mechanism, to ensure your Service is not suspended. AutoPay service payments will be authorized five days from your monthly anniversary date, to pay for your Service. Prior to your billing Service due date, you will receive notification by SMS text of your balance, which will be charged to your Default Funding Account.
Upon successful AutoPay payment, the Service will provide a payment confirmation SMS text, with confirmation number.
BILLING ACCOUNT INFORMATION
Authorization to obtain Billing Account Information - Your activation of the Paymitly eWallet shall be deemed to be your acceptance of these Terms and Conditions, the Paymitly Terms and Conditions of Service located at www.paymitly.com, and your authorization for the Service to obtain account information necessary to perform the Service from Paymitly on your behalf.
Accuracy and dispute of Billing Account Information - The Service is unrelated to the maintenance of your Billing Account information. The Service is only responsible for presenting to you the information that the Service receives from Paymitly billing department.
PASSWORD AND SECURITY
Paymitly controls your enrollment in the Service, the issuance of your password, and your authentication when you enroll and each time you access the Service. You agree not to give or make available your password or other means to access the Service 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 the Service, you are responsible for any Payments they authorize. You will be responsible for any Payments that a person to whom you provided your password or other means to access the Service authorizes, even if that person disregards instructions or limits you communicated to that person about Payments they could authorize.
If you believe that your password or other means to access the Service 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 Paymitly customer care at firstname.lastname@example.org. You acknowledge and agree that Paymitly shall not be liable or responsible for any unauthorized payments, charges or debits made by someone using your password.
If you believe there has been any unauthorized transfer related to your Funding Account from the Service, you should immediately notify Paymitly customer care department at email@example.com.
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 Funding Account(s) from your financial institution or card issuer (for example, to resolve payment posting problems or for verification or for other purposes related to the Service). You also agree the Service may request information such as your birth date, National Identity Number, and zip code to help prevent fraud.
SERVICE FEES AND ADDITIONAL CHARGES
Your financial institution or card issuer may assess fees associated with your accounts with them that will continue to apply to your use of the Service. 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 in connection with your utilization of the Service. When applicable, Paymitly will add any applicable fees and/or charges for the Service to your Billing Account and you are responsible for payment of such fees and charges for your use of the Service. There is no fee for enrollment into the Paymitly eWallet. However, there may be fees imposed by Paymitly associated with your use of the various payment channels provided by Paymitly for execution of your Payments.
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 as required by applicable law. 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 user profile that you establish with Paymitly is current and accurate. This includes, but is not limited to; name, address, phone number(s) and e‐mail address(es). The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information, or if your Funding Account or contact information changes and you do not notify us promptly of the change.
By accepting these Terms and Conditions, you agree to receive all notifications relating to the Service in electronic form delivered to your mobile phone or device as an SMS message or to your email account.
It is your sole responsibility to ensure that the e‐mail address and mobile phone number listed for your Billing Account are accurate and current.
SERVICE TERMINATION, CANCELLATION OR SUSPENSION
In the event you wish to cancel the Service, you may do so by contacting Paymitly's customer care at firstname.lastname@example.org or through other Paymitly interfaces where permitted. 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 canceled. The Service may terminate or suspend availability of the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In the event of a dispute regarding the Service, you agree to resolve the dispute as set forth in this Agreement. If you dispute a Payment made from a Funding 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 Paymitly’s customer care at email@example.com.
IMPORTANT: THE PAYMITLY TERMS AND CONDITIONS OF SERVICE REQUIRE THE USE OF INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES. ARBITRATION IS MORE INFORMAL THAN LITIGATION BECAUSE IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND ALLOWS FOR LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU SHOULD READ THE PAYMITLY TERMS AND CONDITIONS OF SERVICE AT WWW.PAYMITLY.COM CAREFULLY BEFORE AGREEING TO THESE TERMS AND CONDITIONS OR USING THIS SERVICE.
You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, and it 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 a representative 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 or delegate any or all of its rights and responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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.
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.
This Agreement shall be governed by and construed in accordance with the laws of the state in which Service is primarily provided to you, excluding such state's conflicts of laws principles.
LIMITATION OF REMEDIES
YOU AGREE THAT YOU’RE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO PROVIDE YOU WITH SERVICE UNDER THIS AGREEMENT OR PAYMITLY FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE PAYMITLY RE‐PERFORM SUCH SERVICE.
LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICE. FURTHER, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICE, YOUR USE OF THE SERVICE, OR THE ACTS OR OMISSIONS OF METROPCS. YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Product names, logos, designs, titles, words or phrases within this publication may be trademarks, service marks, or trade names of Paymitly or other entities and may be registered in certain jurisdictions.