PayGOV.US LLC
Terms of Use of Payment Service
READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
AS FURTHER DETAILED IN SECTION 16 BELOW, BY USING PAYGOV.US’S SERVICES TO MAKE A PAYMENT, YOU AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES, YOUR PAYMENT, OR THIS AGREEMENT MUST BE RESOLVED BY BINDING ARBITRATION, THAT YOU WILL NOT HAVE A RIGHT TO A JURY TRIAL, AND THAT YOU WILL NOT HAVE A RIGHT TO RESOLVE SUCH DISPUTES IN COURT (EXCEPT FOR ANY CLAIM YOU CHOOSE TO INDIVIDUALLY FILE IN A SMALL CLAIMS COURT). YOU ALSO AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR ARBITRATION.
These Terms of Use of Payment Service (the “Agreement”) apply to your use of the products and services offered by PayGOV.US LLC (“PayGOV.US,” “we” or “us”) through the website located at https://pay.paygov.us (including the homepage and all subpages thereof), through any mobile application or digital product referencing this Agreement, and through hardware and/or software accessed as part of a payment transaction requested in-person or over the telephone (collectively, the “Services”). You and PayGOV.US are sometimes referred to in this Agreement as the “parties.”
By using the Services to make or attempt to make a transaction to pay amounts that you may owe (a “Payment”) to a state or local governmental agency, municipality, transportation authority, court or county clerk, municipal utility or other utility, other governmental entity, or other person or entity (each an “Agency” and collectively “Agencies”) or in any other manner, you agree that you have read, are bound by, and are a party to this Agreement and each of the terms and conditions set forth herein to the exclusion of all other terms and conditions.
1. ABOUT PAYGOV.US LLC
PayGOV.US LLC is a limited liability company organized under Indiana law. WE ARE NOT SPONSORED BY OR AFFILIATED WITH THE U.S. GOVERNMENT OR ANY STATE OR LOCAL GOVERNMENTAL AGENCY, MUNICIPALITY, TRANSPORTATION AUTHORITY, COURT OR COUNT CLERK, MUNICIPAL UTILITY OR OTHER UTILITY, OR OTHER GOVERNMENTAL ENTITY. We are a private company which contracts with state and local government Agencies to provide government sector payment and reporting services to such Agencies. We provide the equipment and technology to facilitate credit, debit, and pre-paid card payments via our payment website located at https://pay.paygov.us (the “Website”), via our mobile phone application (the “Mobile App”), by phone, or by an in-person point-of-sale transaction.
PayGOV.US provides government sector payment and reporting services to state and local government Agencies only. We do not provide services to federal government Agencies. We are not associated with, or endorsed by, the U.S. Department of the Treasury, Financial Management Service (“FMS”). FMS provides government sector payment, reporting, and other services to federal government Agencies under the FMS Pay.gov service mark.
2. SERVICES
PayGOV.US provides the Services to offer you an alternative way(s) to make or attempt to make a Payment to an Agency for goods or services provided by the Agency or for any other monetary obligation or commitment you may have or make to an Agency. We may impose limitations on the amount, frequency, method, manner, and timing of any Payment you submit or attempt to submit in our sole discretion.
By using the Services to make or attempt to make a Payment:
• You agree to remain bound by all applicable terms and conditions of the Agency to whom the Payment is directed.
• You acknowledge and agree that your use of the Services: (a) does not change or affect the terms or conditions of any agreement between you and the Agency, including but not limited to any payment deadlines, payment plans, late fees, or refunds; (b) does not constitute a tri-party agreement between you, us, and the Agency or any other third party; and (c) does not assign to us any payment or other obligations you may have to any Agency.
• You represent and warrant that all information provided to us by you or by a third party on your behalf with your authorization is true and accurate, and that you have not and will not engage in any fraudulent, deceptive, illegal, unethical or inappropriate actions in connection with your use of the Services. If we have information suggesting you are not authorized to use the payment method you provide when attempting to make a Payment, we will not authorize your Payment.
3. ACCESS TO THE SERVICES
3.1 Eligibility. You may not use the Services unless you are (a) an individual at least 18 years of age, an emancipated minor, or an authorized representative of a business entity or organization registered in the United States and (b) able to form legally binding contracts under applicable law. If you use the Services on behalf of a business entity or organization, you represent and warrant that you have the capacity and the authority to bind such entity or organization to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in any such jurisdictions.
3.2 Accuracy of Information. You represent and warrant that: (a) all information you submit to us is true and accurate; (b) you will maintain the accuracy of such information; and (c) you are authorized to use any credit card, debit card, pre-paid card, or other method of payment you provide in connection with your use of the Services. You are solely responsible for truthfully and accurately identifying the Agency to whom a Payment is to be directed, as well as for providing true and accurate information relating to your name, account number, service address, contact information, and other information required or requested at the time of Payment.
3.3 Restrictions; Inappropriate Use. You represent and warrant that you will not (and will not enable or assist any third parties to) use the Services to: (a) violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines; (b) transmit any virus, trojan horse, or other disruptive or harmful software or data; (c) attempt to reverse engineer, decompile or disassemble in any way any aspect of the Services; (d) engage in unauthorized access, monitoring, interference with, or use of the Services or third party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn’t belong to you; (e) gain or attempt to gain unauthorized access to the Services or its related systems or networks; (f) access the Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services; or (g) use the Services (or components of or technology relating to the Services) to fraudulently bypass payments or make false or inaccurate changes to balances owed. If we have reason to believe that you have used our Services inappropriately or in breach of this Section 3.3, we may suspend or limit your access to the Services, decline to provide Services to you or related parties in the future, contact your Agencies, bank, other users, law enforcement, or other third parties regarding your conduct; and/or take legal action as we see fit.
4. PAYMENTS
4.1 Methods of Payment. By using the Services, you are making or attempting to make a Payment to an Agency that has contracted with PayGOV.US to provide you with the convenience to make Payments to the Agency using a credit card, debit card, pre-paid card, and/or eCheck. PayGOV.US accepts and processes cards bearing the Visa®, MasterCard®, American Express®, and Discover® brands only. We will not attempt to obtain authorization for a Payment involving any other brand of credit, debit, or pre-paid card.
4.2 Payment Amount. To submit a Payment, you will be required to pay the amount displayed or referenced as the “Total Amount.” The “Total Amount” is the amount you specify to pay to the Agency (displayed or referenced as the “Payment Amount”) plus an additional, non-refundable fee charged by PayGOV.US for your use of the Service (displayed or referenced as the “Convenience Fee” or “ Fee Amount ”), unless the Agency has agreed to absorb such amount. The Convenience Fee will be calculated and displayed to you before you have the opportunity to make a Payment.
4.3 Authorization. By clicking the “Make Payment” button (on our Website) or the “Proceed” button (on our Mobile App) or authorizing a Payment orally or by other means (in-person or over the phone), you authorize PayGOV.US to charge the credit card, debit the debit card or pre-paid card, or charge any other payment method you have provided to us in the Total Amount displayed or communicated, including the Convenience Fee, on or after the date you provided such authorization. If you have authorized a recurring payment, your authorization will remain in full force and effect until you notify us that you wish to revoke your authorization. We require at least seven days’ notice in order to cancel such authorization.
When you authorize a Payment, you agree that you intend to submit Payment to an Agency and authorize us to process the Payment using the payment method that you specified or provided to us or to an Agency. The card or account information provided by you to make a Payment through PayGOV.US contains personal financial information, and you acknowledge that you have elected to make a Payment through PayGOV.US as your free and voluntary act without inducement from PayGOV.US.
When you authorize a Payment, we will transmit certain information provided by you and/or the Agency that is required to process the Payment. You agree that we, on behalf of the Agency, can transmit personal financial information to the applicable payment network (such as Visa or Mastercard) for your card or account. In so doing, you confirm that you are an authorized user and are solely responsible for the completeness and accuracy of the personal financial information used to submit Payment using the Services. You authorize us to perform certain inquiries for validation of the card, account, or information you have provided in using the Services, and we disclaim any responsibility either for the accuracy of information you provide, including whether a payment card is current and up-to-date, or the accuracy of the validation process. You agree that we may receive from your financial institution or card issuer updated information about your card or account (such as a new card number, billing zip code or expiration date) as long as you authorized them to release same to third parties.
4.4 Delivery to Agency. After a Payment has been authorized and we have collected the Total Amount (that is, the Payment Amount plus the Convenience Fee), we will transfer only the Payment Amount to the Agency in the manner in which the Agency has directed. Most Agencies choose to receive the Payment Amount via ACH, which will normally result in the Agency’s receipt of your Payment Amount within two business days. However, some Agencies choose to receive funds by mailed check, which delays receipt. Weekends and holidays affect the timing of our deposits to an Agency. After we transfer funds to an Agency, the Agency is solely responsible for how and when your Payment Amount is applied to your account with the Agency or outstanding obligation to the Agency and for whether and when you may be entitled to any refund. We have no liability to you for any misapplication or delayed application of your Payment Amount to your account or outstanding obligation to the Agency. If you disagree with how or when your Payment Amount was applied by the Agency, please contact the Agency directly, not us.
4.5 Agency Matters. The Payment transaction facilitated by PayGOV.US is solely between you and the Agency, and we are not a party to the transaction. As to any refund or reversal of a Payment we facilitate, you must contact the Agency and/or your financial institution, not us. We have no liability to you or responsibility for the accuracy of any information provided to us by you or the Agency (or one of its vendors) and no obligation to verify the accuracy of such information. If your Payment is not processed or authorized by your credit card company or a financial institution, you will still be liable for the outstanding balance due the Agency, along with any penalties, late fees, interest charges, and other amounts assessed by the Agency.
4.6 Insufficient Funds. You agree that you will initiate a Payment only when a sufficient balance or credit limit is or will be available in your designated account at the time of the Payment. If you initiate a Payment and you have insufficient funds to cover the Total Amount, you may be charged a non-sufficient funds (NSF), returned item, overdraft, or similar fee by your financial institution, card issuer and/or biller.
4.7 Statements. In many cases, the Agency or PayGOV.US will appear on your credit card or bank statement as the payee of the Total Amount (that is, the sum of the Payment Amount and the Convenience Fee). However, in some cases the Agency will appear on your credit card or bank statement as the payee of the Payment Amount and PayGOV.US will appear as the payee of the Convenience Fee.
5. CONVENIENCE FEES
PayGOV.US requires you to pay a Convenience Fee for your use of the Services to make a Payment, whether made through the Website, through the Mobile App, or through hardware and/or software accessed as part of a payment transaction requested in-person or over the telephone.
Our Convenience Fee will be calculated and disclosed to you before you proceed with a Payment. The Convenience Fee for each Payment is calculated based on factors such as the Agency to whom you direct a Payment, card brand or program, transaction amount, and whether the Payment is initiated through the Website or Mobile App, in-person, or by phone with the assistance of an operator. In general, our Convenience Fee is calculated as a percentage of the amount you specify to pay to an Agency (displayed or referenced as the “Payment Amount”), except that all Payments are subject to a minimum Convenience Fee per transaction.
For example, if the Convenience Fee for a Payment to an Agency is 3.95% of the Payment Amount, subject to a $3.95 minimum fee, (a) your total Convenience Fee for a Payment Amount of $200.00 will be $7.90 and (b) your total Convenience Fee for a Payment Amount of $50.00 will be $3.95. This is an example only. The Convenience Fee applicable to your transaction may be more or less than 3.95% of the Payment Amount. The minimum Convenience Fee applicable to your transaction may be more or less than $3.95.
We do not forward any part of the Convenience Fee to an Agency. Rather, we keep the Convenience Fee as compensation for the Services and to pay our outstanding obligations as a merchant (such as “merchant discount fees” charged to us in a card payment transaction) and other costs of our business. All Convenience Fees paid to PayGOV.US are non-refundable.
PLEASE NOTE THAT YOU MAY HAVE ALTERNATIVE PAYMENT OPTIONS THAT DO NOT REQUIRE YOU TO PAY A CONVENIENCE FEE. THE AGENCY TO WHOM YOU HAVE A PAYMENT OBLIGATION MAY ACCEPT OTHER FORMS OF PAYMENT THAT DO NOT REQUIRE THE ASSESSMENT OF A CONVENIENCE FEE, INCLUDING BUT NOT LIMITED TO CASH, CHECK, DIRECT DEBIT, OR MONEY ORDER. PLEASE CONTACT YOUR AGENCY TO DETERMINE WHETHER ANY FEE-FREE METHODS OF PAYMENT IS AVAILABLE TO YOU.
BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT OF A CONVENIENCE FEE TO PAYGOV.US IS OPTIONAL AND VOLUNTARY. IF YOU DO NOT WISH TO PAY A CONVENIENCE FEE, DO NOT USE OUR SERVICES AND CONTACT YOUR AGENCY ABOUT AVAILABLE ALTERNATIVE PAYMENT METHODS.
6. UNAUTHORIZED PAYMENTS; FRAUD VERIFICATION
If you believe a Payment was not an authorized transaction, contact PayGOV.US immediately using the contact information provided in Section 21. If a Payment is valid, but a charge back or retrieval request has been filed, you agree that we may charge you a fee of $40. You are encouraged to read your agreement with your card issuer. Under most card issuer agreements, the cardholder agrees to indemnify the card issuer from all liability and assume full liability for all costs and expenses incurred by the card issuer, including legal fees. PayGOV.US retains the right to sue you and your card issuing bank for facilitating fraud when a chargeback is filed and PayGOV.US loses when proof can be provided of the transaction’s validity.
Some Payments approved by the card issuer may be subject to further verification by PayGOV.US to prevent fraud. If this process is completed successfully, PayGOV.US will send a notice of your payment to the agency you identified. Payments that do not successfully complete this process will be rejected even if approved by the card issuing entity.
7. CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to modify this Agreement at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following any such modification constitutes your acceptance of the terms and conditions of this Agreement, as modified.
8. PRIVACY POLICY
Protecting the privacy of your information is very important to us. For information regarding PayGOV.US’s treatment of information provided to us in connection with your use of the Services, please review our Privacy Policy at https://paygov.us/privacy-policy-2, which is incorporated by reference into this Agreement. Your acceptance of this Agreement constitutes your acceptance and agreement to be bound by our Privacy Policy. If you have any concerns regarding the privacy of your information, please review our Privacy Policy before attempting a Payment.
9. DISPUTES WITH AGENCIES AND OTHER THIRD PARTIES
PayGOV.US is not responsible for the goods or services you purchased or other obligation paid in connection with your use of the Services, including honoring or fulfilling goods or services and/or facilitating the Agency you purchased the goods or services from in honoring or fulfilling the goods or services purchased. If you have a dispute with an Agency about a transaction made using the Services, you are solely responsible for settling the dispute directly with the Agency. We are not a party to any transaction with an Agency you make using the Services.
YOU ACKNOWLEDGE AND AGREE THAT PAYGOV.US DOES NOT ENDORSE, CONTROL, OR BEAR ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSS OR DAMAGE YOU INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR INTERACTIONS, AGREEMENTS, RELATIONSHIP, OR CONTACTS WITH ANY AGENCY OR OTHER THIRD PARTY OR WITH ANY ACTS OR OMISSIONS OF ANY AGENCY OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO APPLICATION OF PAYMENT TERMS, ELIGIBILITY CRITERIA, TERMS OF DEFAULT, ASSESSMENT OF FEES, SERVICE DISCONNECTIONS, PAYMENT REJECTIONS, OR ANY CONSEQUENCES OF ANY AGENCY’S APPLICATION OR MISAPPLICATION OF ANY PAYMENT.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. INTELLECTUAL PROPERTY
The Services are owned and operated by PayGOV.US. All content, design, graphics, compilation, magnetic translation, digital conversion, computer code, software, text, data, contents, names, trade names, trade dress, service marks, layout, logos, designs, images, illustrations, artwork, icons, photographs, displays, sound music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “PayGOV.US Materials”) are owned exclusively by PayGOV.US and are protected by U.S. copyright, trade dress, trade secret, patent, and/or trademark laws. The copying, displaying, redistribution, modification, reproduction, use or publication by you of any part of the Services, unless expressly permitted in this Agreement or otherwise agreed to in writing by PayGOV.US, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
You agree that the PayGOV.US Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of PayGOV.US. You may not modify, participate in the sale or transfer of, or create derivative works based on any PayGOV.US Materials, in whole or in part. If you link to the Services, we may revoke your right to so link at any time, in our sole discretion. We reserve the right to require prior written consent before linking to the Services.
11. NO WARRANTIES
You acknowledge and agree that PayGOV.US has made no warranties or representations to you, and we hereby disclaim each and every warranty and representation, whether express or implied, regarding: (a) the merchantability or fitness of the services, or any part thereof, for any particular purpose or use; (b) non-infringement; (c) that use of the services will be secure, timely, uninterrupted or error-free; or (d) the accuracy or reliability of any data provided to or stored by us. Our services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not liable to you for any delays, delivery failures, or other damage resulting from such problems.
12. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PAYGOV.US AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, INSURERS, AFFILIATED AND RELATED COMPANIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ PAYGOV.US AFFILIATED PERSONS ”) FROM AND AGAINST ANY AND ALL ACTIONS, SUITS, PROCEEDINGS, CLAIMS, DEMANDS, AND ALLEGATIONS AND ANY AND ALL DAMAGES PENALTIES, FINES, LIABILITIES, OBLIGATIONS, INJURIES, LOSSES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LITIGATION COSTS) PAID BY, INCURRED BY, OR ALLEGED OR PURSUED AGAINST PAYGOV.US OR ANY OF THE PAYGOV.US AFFILIATED PERSONS ARISING OUT OF OR RELATING TO ANY OF THE FOLLOWING: (A) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES; (B) YOUR VIOLATION OF THIS AGREEMENT OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS REFERENCED HEREIN, OR ANY APPLICABLE LAW; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (D) ELECTRONIC CHECK (EFT)/ACH REJECT FEES ASSESSED FROM TRANSACTIONS BY OR ON BEHALF OF YOU AND CHARGEBACKS; OR (E) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY AGENCY OR OTHER THIRD PARTY.
13. LIMITATION OF LIABILITY
OUR LIABILITY TO YOU FOR ANY ACT OR OMISSION IS LIMITED. OUR SOLE OBLIGATION IS TO MAKE PAYMENTS TO AGENCIES YOU HAVE IDENTIFIED TO US THROUGH YOUR USE OF THE SERVICES IN THE AMOUNTS THAT YOU HAVE AUTHORIZED AND IN WHICH PAYGOV.US HAS BEEN INFORMED BY YOUR CARD ISSUERS HAVE BEEN AUTHORIZED. OUR SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS.
YOU AGREE THAT PAYGOV.US AND THE PAYGOV.US AFFILIATED PERSONS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, STATUTE, OR REGULATION, FOR (A) ANY AGGREGATE AMOUNT WHICH EXCEEDS THE GREATER OF (I) $500.00 AND (II) THE CONVENIENCE FEES PAID BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE YOU FIRST PROVIDED PAYGOV.US WITH WRITTEN NOTICE OF YOUR CLAIM; (B) ANY PUNITIVE, EXEMPLARY, STATUTORY, SPECIAL, INCIDENTAL, MULTIPLE, OR INDIRECT DAMAGES, REPUTATIONAL HARM, OR LOST PROFITS; (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (D) ANY MATTER BEYOND PAYGOV.US’S REASONABLE CONTROL.
IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PAYGOV.US AFFILIATED PERSONS SHALL NOT BE LIABLE TO YOU FOR: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING REFUSAL OF YOUR CARD ISSUER OR FINANICIAL INSTITUTION OR AN AGENCY TO AUTHORIZE A SERVICES TRANSACTION; (B) ANY CONTENT AVAILABLE IN CONNECTION WITH THE SERVICES; (C) ANY GOODS, SERVICES OR INFORMATION PURCHASED OR RECEIVED OR OBLIGATION SATISFIED IN CONNECTION WITH THE SERVICES, INCLUDING YOUR FAILURE TO RECEIVE OR INABILITY TO RETURN SUCH GOODS, SERVICES OR INFORMATION; (D) DISPUTES BETWEEN YOU AND AN AGENCY; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THE SERVICES; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICES; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF THE SERVICES.
14. FORCE MAJEURE
PayGOV.US’s obligations hereunder will be suspended if and while our performance is prevented or delayed by any occurrence or action that is unforeseeable and beyond our control, including but not limited to radiation, radioactivity or contamination, weather, fire, natural disaster (including flood, earthquake, hurricane, or tornado), state of emergency, war, civil or military disturbance, loss or malfunctions of utilities, communications or computer (software and hardware) services, act of terror, strikes or other labor problems, an epidemic or pandemic caused by a virus or bacteria or otherwise posing a substantial health risk, any act of any court or government, or any Agency, financial institution, or card network.
15. TERMINATION.
This Agreement shall remain in full force and effect while you use the Services. PayGOV.US may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. PayGOV.US may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination, your right to use the Services and any PayGOV.US Materials will immediately cease. For the avoidance of doubt, any termination of your access to the Services will not affect your obligation to pay amounts owed to us or Agencies.
The following sections of this Agreement will remain binding and in effect after you stop using the Services and/or the termination of this Agreement: Sections 3.3, 6, 9, 10, 12, 13, and 16 . In addition, the expiration or termination of this Agreement (a) shall not release either party from any liability or obligation which at the time of such expiration or termination had already accrued or which thereafter may accrue as a result of any act or omission prior to such expiration or termination, and (b) shall not affect any terms or conditions of this Agreement which either state or evidence the parties’ intent that such term or condition shall survive expiration or termination or must survive to give effect to such term or condition.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU HAVE THE RIGHT TO REJECT THE TERMS OF THIS SECTION (EXCEPT SECTION 16.8) AS PROVIDED IN SECTION 16.3 BELOW.
16.1. Election to Arbitrate. You and we agree that the sole and exclusive forum and remedy for resolution of a Claim (defined below) shall be final and binding arbitration pursuant to this Section 16 (the “Arbitration Provision”), unless you opt out as provided in Section 16.3 below. You and we agree to arbitrate all Claims. As used in this Arbitration Provision, “Claim” means any claim, dispute, or controversy involving you (or persons claiming through or connected with you) and us arising out of or relating to this Agreement, our relationship with you, your use or attempted use of the Services (except to the extent provided otherwise in the next to last sentence of Section 16.8 below), or to the validity or enforceability of this Arbitration Provision. Claims are subject to arbitration regardless of whether they arise from contract, tort (intentional or otherwise), a constitution, statute, common law, principles of equity, or otherwise. Claims include matters arising as initial claims, counterclaims, crossclaims, third party claims, or otherwise. Please note that you may continue to assert Claims in small claims court if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
16.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, except those available for a class action. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
16.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision, excluding Section 16.8, for all purposes by sending an arbitration opt out notice to [email protected] within 60 days after the date of any Payment or other occurrence giving rise to a Claim. If you don’t have access to send an email, please contact us regarding other notice options at (866) 480-8552. The opt out notice must clearly state that you are rejecting arbitration; identify the Payment(s) or occurrence(s) at issue by date(s); and provide your name, address, and phone number. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
16.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing an arbitration, you may submit Claims by sending an email to [email protected] at any time.
16.5 Arbitration Procedures. The arbitration shall be conducted before a single arbitrator, who must be a lawyer. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the applicable Consumer or Commercial Arbitration Rules of the AAA, which are incorporated by reference into this Section 16.5. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may visit the AAA’s web site at www.adr.org. In the case of a conflict between the rules and policies of the AAA and this Arbitration Provision, this Arbitration Provision shall control, unless all parties to the arbitration consent to have the conflicting rules and policies of the AAA apply. Any questions or disputes about whether a Claim must be submitted to arbitration as provided in this Section 16, or about the validity or enforceability of this Section 16, shall be decided by the arbitrator.
16.6 Arbitration Fees. If we elect arbitration, we shall pay all of the AAA’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with AAA rules. In general, we shall pay the AAA’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the AAA’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. If the value of the relief sought is $1,000 or less (inclusive of attorneys’ fees and interest), at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. Notwithstanding the foregoing, if we offer to provide you with complete relief for your Claim and you nonetheless decide to proceed to arbitration, we will not pay any fees or costs associated with the arbitration that would be allocated to you in the absence of this Section 16.6.
16.7 Appeals. Any party may appeal the arbitrator’s award in the manner provided under the FAA. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the AAA’s rules, in the same way as the initial arbitration proceeding.
16.8 No Class Actions. NO ARBITRATION OR ACTION IN ANY COURT OR OTHER FORUM SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION OR OTHER ACTION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION IN A COURT. BOTH YOU AND WE VOLUNTARILY WAIVE ANY RIGHT TO, AND COVENANT NOT TO, ALLEGE, INITIATE, ASSERT, JOIN, OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION IN ANY FORUM INVOLVING ANY CLAIM. Unless all parties to the arbitration provide written consent, no party to the arbitration may join, consolidate, or otherwise bring a Claim for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless all parties to the arbitration provide written consent, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party or resolve any Claim of anyone other than a named party; nor (b) be an award for the benefit of, or against, anyone other than a named party. Neither the AAA nor the arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 16.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 16.8 shall be determined exclusively by a court and not by the AAA or any arbitrator. If you exercise your opt-out right pursuant to Section 16.3 , this Section 16.8 shall remain in full force and effect.
16.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 16.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision, specifically including Section 16.8, shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court, subject to Section 16.8. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 16.8 are finally adjudicated pursuant to the last sentence of Section 16.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
16.10 Judicial Forum for Claims. If this Arbitration Provision is found not to apply to you or your Claim, you and we agree that any judicial proceeding must be pursued exclusively in a federal or state court located in Marion County, Indiana. You and we consent to the exclusive venue and personal jurisdiction in such courts and agree not to challenge such venue or jurisdiction. YOU AND WE FURTHER AGREE TO WAIVE ALL RIGHTS WE MAY HAVE TO A TRIAL BY JURY FOR ANY CLAIM.
16.11 Waiver of Right to Litigate in Court. YOU ACKNOWLEDGE THAT YOU HAVE A RIGHT TO LITIGATE CLAIMS IN A COURT, BUT WILL NOT HAVE THAT RIGHT IF YOU OR WE ELECT ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO LITIGATE SUCH CLAIMS IN A COURT UPON ELECTION OF ARBITRATION BY EITHER OF US, INCLUDING THROUGH APPLICATION OF THIS SECTION 16 .
16.12 Mass Arbitration Procedures. If 25 or more requests for arbitration alleging the same or similar Claims are filed against PayGOV.US by the same or coordinated counsel within any 90-day period, you and we agree that any arbitration you request will proceed in a staged manner.
(a) First, counsel for the claimants and counsel for PayGOV.US shall each select five cases (ten total) to proceed first in individual arbitration. If your case is not one of the ten selected, your case, and all other cases not selected, shall be stayed (held in place), and no arbitration fees shall be due to the AAA for the stayed cases until they are selected for arbitration.
(b) After the conclusion of these initial ten arbitration proceedings, if your case is not one of the ten selected, then you and we agree to participate in a global mediation session to attempt to resolve your case and all remaining cases based on the results of the initial ten arbitration proceedings.
(c) If mediation does not result in resolution of your case, then your case and the remaining cases will be arbitrated in batches of 50. The AAA shall only open cases and assess fees for one batch at a time.
The statute of limitations for each claim in each stayed case shall be tolled (paused) from the moment counsel for claimants selects the initial five cases to proceed to individual arbitration (subsection (a) above) until that case is selected for arbitration.
17. APPLICABLE LAW
PayGOV.US provides the Services using human and technical resources that are located within the State of Indiana. This Agreement and all claims arising out of or relating to it or to the Services shall be governed by and construed and enforced in accordance with the laws of the State of Indiana, excluding any choice of law rule(s) which would dictate application of the laws of another jurisdiction if applied, and, where the circumstances require, federal law.
18. ELECTRONIC COMMUNICATIONS.
Because the Services are provided electronically, you consent to PayGOV.US providing important information regarding the Services and your use thereof by electronic means, including but not limited to by e-mail, text message, and posts and updates on our website (https://paygov.us). You agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. PayGOV.US will issue the following information and disclosures electronically:
• this Agreement,
• any future changes to the Agreement,
• the PayGOV.US Privacy Policy,
• payment confirmations and receipts, and
• any other notices, legal communications, or disclosures we may provide (collectively, “Communications”).
You are solely responsible for ensuring you are able to access the Services and receive Communications, including paying any third-party fees (such as Internet service providers and wireless providers) and obtaining and maintaining any necessary equipment. You will also need a valid email address and/or a working mobile telephone number that can receive text messages and sufficient storage space to save Communications and/or the capability to print the Communications from the device on which you view them.
By using the Services:
• You expressly consent to receive Communications and confirm that you will download or print any disclosures for your records;
• You acknowledge that you can access Communications that are provided electronically through the Services and via email or PayGOV.US Account Messages (defined below);
• You are providing your consent to receive electronic Communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible;
You may withdraw your consent to receive most electronic Communications from PayGOV.US by emailing us at [email protected] or following the unsubscribe procedure contained in any electronic Communication you receive from us. However, if you withdraw your consent, you may no longer be eligible to use certain portions of the Services. Withdrawing your consent will not affect the completion of pending Payments or the validity of completed Payments.
As part of the Services, we may communicate with you, or you may communicate with us, via SMS, MMS or other text messages or mobile functionality (“PayGOV.US Account Messages”). We may use an autodialer and/or auto-generated text when communicating with you. Please note that text messaging fees may apply to the sending or receipt of PayGOV.US Account Messages. By using any of the Services that involve communication by PayGOV.US Account Messages, you hereby expressly consent to receiving PayGOV.US Account Messages from us. If you provide to us the number for a mobile phone or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to provide us the number or identifier.
We do not charge you for PayGOV.US Account Messages, but wireless provider message and data rates may apply. We will not be liable for any delays in the receipt of any PayGOV.US Account Messages or changes to the participating wireless providers because delivery is subject to effective transmission from your carrier with active participation at that time.
19. APPLE DEVICE AND APPLICATION TERMS
If you access the Services using a device provided by Apple, Inc. (“Apple”) or a PayGOV.US application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
19.1 Both you and PayGOV.US acknowledge that this Agreement is concluded between you and PayGOV.US only, and not with Apple, and that Apple is not responsible for the Application or its content.
19.2 The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
19.3 You will only access the Application using an Apple device that you own or control.
19.4 You acknowledge and agree that Apple has no obligation to furnish any maintenance or support services with respect to the Application.
19.5 In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
19.6 You acknowledge and agree that PayGOV.US, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application.
19.7 You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, PayGOV.US, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
19.8 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
19.9 Both you and PayGOV.US acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
19.10 Both you and PayGOV.US acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
20. MISCELLANEOUS
20.2 Entire Agreement. This Agreement, the PayGOV.US Privacy Policy, and any additional terms and conditions posted on the Website or in the Mobile App constitute the entire agreement between the parties regarding the Services. This Agreement may not be modified or amended except in a written document signed by all parties, regardless of any party’s course of conduct. You represents that, in deciding to use the Services and to enter into this Agreement, you have not relied and should not rely on any understandings, representations, inducements, warranties or promises, whether written or oral and/or whether express or implied, regarding the Services, this Agreement, the matters referenced in this Agreement, or any other matters not referenced in this Agreement. You represent that you did not use the Services or enter into this Agreement based on any representation or omission of any Agency, PayGOV.US, or either of their personnel or agents not set forth in this Agreement and that any term, condition, or information not present in this Agreement was not material to your decision to use the Services or enter into this Agreement.
20.3 Interpretation. You represent and warrant that you have reviewed this Agreement. Section headings in this Agreement are for convenience of reference only and may not be used to interpret or construe the meaning of any term in this Agreement. Any ambiguities in this Agreement will not be construed against any party deemed to be the drafter of this Agreement. Unless otherwise specified, all section references refer to the sections of this Agreement, and all subsection references refer to the subsection of the section in which the reference is made.
20.4 Waiver. The consent to or waiver of any breach of any obligation in this Agreement shall not be deemed or construed to be a consent to or waiver of any other breach of the same or any other obligation in this Agreement. Any party’s failure to complain of any other party’s act or omission or to declare any other party in breach, irrespective of the duration of such failure, will not waive any right in this Agreement. Unless otherwise provided in this Agreement, no waiver of any right in this Agreement will be effective unless it is in writing and signed by the waiving party.
21. QUESTIONS ABOUT PAYMENTS OR THE SERVICES
We will attempt to address and answer your questions regarding your Payments and the Services. We are able to discuss the Payment amount, date, Agency to which it was directed, and method of payment, as well as other information contained in system records available to us. You may reach our office between the hours of 7:00 AM and 8:00 PM Eastern Time on Monday through Friday (excluding holidays) at (866) 480-8552 or at any time by sending an e-mail to [email protected].
We cannot and will not answer questions about your debts or other obligations to Agencies or other third parties, such as service charges, taxes, fees, or fines. We do not know how such obligations were calculated, assessed, or due or when or how an Agency may apply your Payments to an outstanding obligation.
WE DO NOT PROVIDE LEGAL ADVICE AND ARE NOT A SUBSTITUTE FOR CONSULTING AN ATTORNEY.
Last Updated: April 1, 2026