Terms And Conditions
By using our Services, you are agreeing to these terms. Please read them carefully
Terms and Conditions TERMS AND CONDITIONS OF SERVICE EFFECTIVE: August 6, 2019
These terms and conditions of service ("Terms of Service") apply to your use of this Level One LLC payment website (the "Website") and all transactions that you process or seek to process through Website and the Level One LLC bill payment service (the "Service"), made available by Level One LLC (the "Service Provider", "we", "us"). By accessing the Website or Service, you indicate that you agree to be bound by all provisions of these Terms of Service as they may be updated or amended from time to time, including the terms governing your ability to obtain REFUNDS. If you do not agree to all terms, you are not authorized to use the Website or Service. Because the Internet changes regularly, so may our Terms of Service. We may update these Terms of Service at any time by posting the amended terms on the Website. As used in these Terms and Conditions, the terms "Payor", "you" and "your" refer to a person or entity responsible to a Payee to make a Payment and who elects to make such Payment using the Service and "Payee" refers to the receiver of a Payment transmitted using this Website. "Payment" refers to a payment that you request to be made to a Payee using the Service. 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 in the United States of America. The term "bank card" means a credit card issued in the United States by American Express®, Discover®, Visa® or MasterCard® or an ATM/debit card issued by or through a financial institution located in the United States. The term "business day" means Monday through Friday, except for U.S. bank holidays.
1. ELIGIBILITY TO USE SERVICES.
The Service and Website may only be used within the United States and by persons who are at least 18 years of age and customers of Payees. Third-parties, including but not limited to commercial payment aggregators, may not use the Service or Website or submit Payments on behalf of a Payor. By using the Service, you represent and warrant that you are: (i) 18 years of age or older; (ii) a customer of Payee; and (iii) submitting the Payment from within the United States on your own behalf, or as an employee, owner or principal of the Payor. Service Provider reserves the right to limit, condition, modify or refuse access to the Service or Website to any person or entity for any or no reason.
2. COMPLIANCE.
You may use the Website and Service only in compliance with (a) these Terms of Service and (b) all applicable local, state, national, and international laws, rules and regulations (collectively, "Applicable Law"). You represent, warrant and certify to Service Provider that your use of the Service shall not in any way, directly or indirectly, violate Applicable Law.
3. CONVENIENCE FEES AND OTHER CHARGES.
Service Provider may charge you a fee ("Convenience Fee") for your use of the Service. However, no Convenience Fee will be charged unless it is disclosed to you first and you will have the option to not proceed with making a Payment to a Payee if you do not wish to pay the associated Convenience Fee. Your bank card issuer and/or the financial institution where you have your bank account may require payment of a "cash advance" fee or other fees for certain charges or debits made by you. Please refer to the agreement that governs use of your bank card and/or bank account to understand your rights and liabilities as a bank card holder and/or account holder. If the issuer of your bank card rejects a charge or debit for any reason, or if there are insufficient funds in your bank account to cover a Payment that you have requested and related fees, the requested Payment will be reversed and the Payee will not receive payment. If this occurs, you will be liable for any fees or charges imposed by your bank card issuer or the financial institution where you maintain your bank account. You will also be solely liable to the Payee for any fees or penalties that may be charged as the result of a missed or late Payment.
4. AUTHORIZATION TO USE YOUR BANK CARD OR BANK ACCOUNT FOR PAYMENTS AND CONVENIENCE FEES.
You have provided us with details of a bank card or bank account to be used to make Payments which you authorize using the Service. Pursuant to the Payment options you select and authorize, we will charge your bank card or debit the bank account you have designated at the time and in the manner you have authorized to make payment to the Payee. Payments will be processed to the Payee through an ACH credit to the Payee's designated bank account, together with the transaction information pertaining to your payment. By authorizing a Payment to be made using the Service, you authorize Service Provider to charge or debit your bank card, or debit your bank account, for the amount of your Payment, any Convenience Fee that you have agreed to pay, and any other applicable fees. Payments and debits which you authorize must also be authorized and approved by the financial institution that issued your bank card or maintains your bank account. If Service Provider does not receive authorization from the bank card issuer to charge or debit your bank card, or from the financial institution at which your bank account is maintained to debit your bank account, for the amount of any Payment plus any related Convenience Fee and other fees, the Payment to Payee will not be processed.
5. TRANSACTION LIMITS.
Service Provider reserves the right to limit the maximum amount of a Payment, or to reject a requested Payment, for any or no reason. You agree not to make a Payment that will exceed any credit limit on your bank card, any applicable account transfer limits, or the balance of your bank account (including any overdraft allowances by your financial institution).
6. TIMING OF PAYMENTS.
Please allow at least three full business days for a Payment that you authorize through the Service to reach the Payee. Payments made using your bank card will be charged or debited on the day we receive your authorization and Payments made by ACH will be debited from your bank account on the first business day following your authorization. If your Payee does not accept payments on non-business days and you schedule a Payment on a date which is not a business day, or if a recurring Payment falls on a day which is not a business day, then we will process the Payment on the next business day thereafter.
7. CANCELLATION OF PAYMENTS.
You may not cancel a Payment once your bank card has been charged or your bank account has been debited.
8. REFUNDS.
Once your bank card has been charged or your bank account has been debited, refunds are available only for Payments which we have processed or charged in error, and provided that such error is brought to our attention by you within thirty (30) days from the date on which the error occurred. The convenience fee is non-refundable, even if the payment to which it relates is cancelled, refunded, credited, or charged back.
9. DATA PRIVACY AND DISCLOSURE.
Your privacy is important to us and we will always treat your transaction and personal data with care. However, under certain circumstances, transactions may be reported to federal, state, local or foreign authorities to comply with applicable law. In addition, we will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law.
Privacy Policy: Your information is secure and will only be used for the purpose of processing this payment transaction.
10. LIMITATION OF LIABILITY; NO WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE MAY BE UNAVAILABLE FROM TIME TO TIME AND MAY BE DISCONTINUED WITHOUT NOTICE. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR DAMAGES, INCLUDING FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY PAYMENT TRANSACTION, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, AND WHETHER BY SERVICE PROVIDER OR A THIRD PARTY, BEYOND THE SUM OF $500 (IN ADDITION TO REFUNDING THE PAYMENT AMOUNT, AS RELEVANT, AND THE RELATED CONVENIENCE FEE, IF ANY). THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SERVICE PROVIDER’S CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET DISRUPTIONS, AND FAILURES OF ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SERVICE. SERVICE PROVIDER ASSUMES NO LIABILITY FOR DISRUPTIONS OF THE SERVICE. SERVICE PROVIDER DOES NOT GUARANTEE THAT THE WEBSITE OR SERVICE IS SECURE OR IMPREGNABLE. SERVICE PROVIDER WILL NOT BE RESPONSIBLE IN THE EVENT OF SECURITY BREACH OR INFILTRATION OF ITS SECURITY SYSTEMS, PROVIDED THAT THE SERVICE PROVIDER HAS USED REASONABLE EFFORTS TO PREVENT ANY SUCH BREACH OR INFILTRATION. SERVICE PROVIDER IS NOT LIABLE FOR ANY FAILURE TO MAKE A PAYMENT RESULTING FROM INSUFFICIENT FUNDS IN YOUR BANK ACCOUNT OR IF WE DO NOT RECEIVE AUTHORIZATION FROM YOUR BANK CARD ISSUER OR FINANCIAL INSTITUTION TO CHARGE OR DEBIT YOUR BANK CARD OR BANK ACCOUNT. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. SERVICE PROVIDER DOES NOT GUARANTEE THAT ANY PAYMENTS YOU ATTEMPT TO MAKE TO THE PAYEE SHALL BE ACCEPTED BY THE PAYEE OR SHALL BE PROPERLY CREDITED TO YOU BY THE PAYEE. YOU AGREE THAT SERVICE PROVIDER SHALL HAVE NO LIABILITY FOR THE WRONGFUL ACTS, NEGLIGENCE OR ERRORS OF THE PAYEE OR ANY THIRD PARTY ACTING AS AN AGENT OF THE PAYEE, INCLUDING THE FAILURE TO PROPERLY ACCOUNT FOR THE PAYMENT YOU MAKE TO THE PAYEE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, SERVICE PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNITY.
You agree to indemnify, defend and hold harmless Service Provider, 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 third-party claim arising out of, based upon or resulting from (i) your access to and/or use of the Website or Services; and/or (ii) your breach or violation of the Terms of Service or Applicable Law. Service Provider 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 settle any matter that is subject to indemnification by you without the prior written consent of Service Provider.
12. MISCELLANEOUS.
If any term of these Terms of Service is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of the Terms of Service will remain in full force and effect. No waiver of any right hereunder will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of these Terms of Service. These Terms of Service supersede all prior Terms of Service, agreements, proposals, negotiations, representations or communications relating to the subject matter. Service Provider may assign its rights hereunder without notice to you. Neither you nor Service Provider shall be liable for failure to fulfill obligations hereunder if such failure is due to any cause or condition beyond such party’s reasonable control, including but not limited to natural disaster, acts of God, strikes, fire, floods, war, riots, electrical power failure, communications failure, and decrees of government bodies. The Website and Service may not be accessed or used by any person or entity, or in any jurisdiction, where such distribution or use would be contrary to law or regulation.
