General Payment Terms & Conditions
Bill Payment & Presentment Service
General Payment Terms & Conditions
Effective Date: October 31, 2022
These Bill Payment & Presentment Service General Terms & Conditions (the “Payment Terms”) are an agreement between you and LeaseDirect, sometimes referred to as LesseeDirect, and its successors and assigns (“Lease Direct,” “we” or “us”). These Payment Terms and your agreement with us are also subject to the Terms of Service (“TOS”) between you and LeaseDirect governing your use of the online portal and website (the “Site”) and the associated online services (“Services”).
- Your Agreement. By using the Site or the Services or by authorizing us to initiate, make, or accept any payment, credit, or debit on your behalf (the “Payment Services”), or by acknowledging or agreeing to the TOS or these Payment Terms, you manifest your assent and agree to be bound by these Payment Terms. If you do not agree to the TOS or these Payment Terms, you must discontinue your use of the Site and the Payment Services immediately.
- Revised Terms & Effective Date. You agree that in exchange for your use of the Site and the Payment Services, we may amend the TOS and these Payment Terms from time to time and at any time. The revised Payment Terms will be effective when posted on the Site and upon the effective date stated above (“Effective Date”). Any Payment Services offered by LeaseDirect to you will be governed by the Payment Terms in effect at the time that we effectuate any Payment Services on your behalf. Your continued use of the Site and the Payment Services after the Effective Date will constitute your assent and agreement to any revisions to the TOS and these Payment Terms.
- Lease Payments, Affiliates & Third-Party Providers. The Payment Services are provided to you by LeaseDirect in order to allow you to effectuate lease payments and other payments between you and LeaseDirect. In connection with Payment Services, we have engaged and may engage various third-party providers to provide the Payment Services, to effectuate the Payment Services, or to effectuate portions of the Payment Services (the “Third-Party Providers”).
- Third-Party Provider Disclosures. By using the Payment Services, you consent to the collection, use, storage, disclosure and distribution of your confidential information to any Third-Party Provider, located in Canada or the United States, as applicable, in connection with the performance of the Payment Services as contemplated hereunder, and the processing of confidential information, including confidential information that may constitute personal information or any information concerning any deposit account or other account held by you at any depository institution that you provide to us (your “Accounts”).
- Payment Services. The Payment Services are intended solely to allow you to make one-time (“One-Time Payments” and recurring payments (“Autopay Payments”) to us in connection with any lease obligation or other obligations between you and us (collectively, “Payments”). You may not use the Payment Services for person-to-person payments, business-to-business payments, or any other purpose. In connection with your use of the Payment Services, you hereby provide standing authorization to us to make any Payment from your Accounts. We will initiate Payments on your behalf in connection with this standing authorization and in accordance with any One-Time Payment instruction or any Autopay Payment instructions from you (a “Payment Request”).
- Payment Requests. Payments, along with any applicable fees or other charges due to us or otherwise authorized under the terms of your lease agreement or other agreement with us, will be initiated by us upon submission of a Payment Request. Your Payment Request authorizes us to immediately initiate the Payment through an automated clearing house (“ACH”) transaction or through any other means selected by us or any Third-Party Provider. Depending on the timing of LeaseDirect’s receipt of the Payment Request, its initiation of the ACH Payment, and its Third-Party Provider, the Payment will be credited to us within one to three business days from the date of the Payment Request. To assure timely Payments, you must have sufficient available funds in your Account and submit a Payment Request before the date any Payment to us is required to be made. We will have no liability in the event that a Payment Request cannot be completed due to insufficient funds in your Account, due to inaccurate entry of information concerning your Account by you, or for any other reason. Further, we will have no liability in the event that any Payment is deemed late due to the timing of your submission of a Payment Request, due to any delay in effectuating the Payment, or for any other reason. Finally, we will have no liability in the event a Payment cannot be initiated, modified or canceled due to issues associated with the ACH Network, or system maintenance or outages impacting us or any Third-Party Provider.
- Payment Timing. Generally, all Payment Requests received by us prior to 12:00 p.m. ET on any business day will be initiated by us on that business day; and all Payment Requests received by us after 12:00 p.m. ET on any business day or at any time on any non-business day will be initiated by us on the following business day.
- Errors Your Responsibility. You agree that all errors, mistakes, acts and omissions concerning your access to, and use of, the Site and the Payment Services shall be solely and exclusively your responsibility and that you will have no recourse, right of claim or demand, or entitlement to any remedy, redress or compensation by, or from, us or any Third- Party Provider in connection with your use of the Payment Services. For example, no party shall be liable or responsible to you or any other person where the information that you supply to us about either you or your Account is incorrect, incomplete or out of date.
- Your Representations. If there is any missing or erroneous information regarding your Account, you authorize us to verify and correct such information. You acknowledge that your Account is a valid, open and active checking account, demand deposit account, or similar account held at a bank and that your consent alone is sufficient to authorize withdrawals from, debits to, or charges to your Account. You further acknowledge that the Account is not a consumer or personal bank account. You agree to maintain a sufficient balance in your Account to make every Payment authorized by you in connection with the Payment Services.
- Our Representations. You agree and confirm that the Payment Services, including your access to, and use of, the Site and the Payment Services is undertaken by you without any duty, obligation, responsibility, representation, warranty or covenant from us, or any Third-Party Provider, in any manner, concerning the quality of the Site or the Payment Services, the suitability or fitness of the Site or the Payment Services for any purpose whatsoever, that the Site or the Payment Services shall be error free, that the Site or the Payment Services shall not breach, infringe or violate any rights (whether contractual, intellectual property or other rights) of any persons whatsoever, or that the Site or the Payment Services shall be of a merchantable quality. You hereby understand, accept and agree with all such denials and disclaimers, and exemptions from any associated responsibility and liability, as being fair and reasonable in the circumstances of your access to, and use of, the Site or the Payment Services.
- Payment Services Limitations. We reserve the right, subject to applicable law, to implement transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers or payments by you, and/or suspend your access to the Payment Services at any time and in our sole discretion.
- No Assignment. Your right to access and use the Payment Services is personal to you and may not be assigned, delegated or transferred by you to any other person without the prior express written consent of us.
- No Criminal Purpose. You shall not access or use the Service for any purpose that does not fully comply with all applicable laws, including for any purpose that is illegal, criminal, fraudulent or harmful to any person.
SERVICES AS-IS. THE PAYMENT SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAYMENT SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK.
- Unauthorized Access. You agree to protect, keep secure and confidential all Site and Payment Services access and use information confidential and secure, including access codes, passwords or other personal identification information that may be required for you to access and use the Site and Payment Services. You agree that we are not responsible for or liable to you for any unauthorized access to or use of the Site, the Payment Services, or your Account by individuals acting as us or using your access and information.
- Financial Institution Fees. If any Payment made by you is not honored or cannot be processed for any reason, including not enough money in your Account, your financial institution may impose a fee. We are not responsible for any fees you incur from the financial institution that holds your Account in connection with any rejected payments, including any attempts by us to resubmit payments, which may result in multiple fees from your financial institution. If any Payment is rejected, returned, or otherwise not honored for any reason, you remain responsible for such Payment and any resulting fees from your financial institution or us. You agree that we may resubmit any payment debits or charges as permitted by law.
- Fees and Lease Agreement Fees: If any Payment made by you is not honored or cannot be processed for any reason, including not enough money in your Account, we may charge a $25.00 fee for the processing of the returned Payment. If any Payment made by you is not honored or cannot be processed for any reason, and you fail to otherwise satisfy the Payment, you may also be charged a fee pursuant to the terms of your Lease Agreement.
- Payment Authorization Terminations: You may not terminate any same-day, next-day, or future-dated One-Time Payment Authorization. You may terminate one or more of the authorizations to initiate Autopay Payments from Account by calling (800) 957-1664; by writing us at email@example.com, and specifying which Autopay Payment authorizations you would like to terminate; or by modifying or terminating a Autopay Payment Authorization through the Site, subject to feature availability. Any request to terminate an existing Autopay Payment Authorization must be received at least three business days before the date of any scheduled Autopay Payment. Termination of any Autopay Payment Authorization will terminate all subsequent scheduled Payments for that Authorization and does not relieve your obligations under any agreement you may have with us.