Thank you for using the ECheck services (“Pay Now") through the BeniComp Health Portal ("Portal"). The Portal is provided by BeniComp, Inc. ("BeniComp"). By using the Portal through our Website, you agree to the following terms ("Terms"). Please read them carefully and save a copy for your records.
1. HOW TO CONTACT US
If you have questions about our Portal, you may contact us at:
Telephone: 866-797-3343 M-T 8AM-5PM EST FRI 8AM-4PM EST, excluding federal holidays
Website: https://www.benicomp.com
Mailing Address: 8310 Clinton Park Drive, Ft Wayne, IN 46825 Attn: BeniComp
You should contact us immediately at the telephone number above if you become aware of any unauthorized or incorrect Pay Now transaction.
2. SCOPE OF TERMS
2.1. As used herein, "BeniComp", "we", "us", "our" refers to BeniComp and its affiliates, representatives and service providers. "You" or "your" refers to the person using the Portal, whether as a Sender or Receiver, individually or on behalf of any business entity you are representing, if any. "Pay Now" refers to a check payment initiated by a Sender and electronically delivered to a designated Receiver for printing and deposit. "Bank" means the banking institution holding a Senders enrolled Checking Account(s). "Checking Account" means any U.S.-based checking account designated and owned by the Sender or the business entity Sender is representing that has been verified by us. "Receiver" has the meaning set forth in Section 4 below. "Sender" has the meaning set forth in Section 5 below.
2.2. These Terms govern the availability and use of the Portal. The Portal is offered only to residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not offered to minors. Your use of the Services is governed by the Terms contained herein and the following, which are considered part of these Terms: (i) any other terms, conditions or instructions appearing or presented on a screen when enrolling for, accessing, or using the Portal; (ii) our rules, procedures and policies, as amended from time to time, that apply to the Portal; and (iii) state and federal laws and regulations, as applicable. Each Checking Account a Sender enrolls in connection with the Portal will also continue to be subject to any other terms and conditions provided by Senders Bank, and Sender agrees to be bound by and comply with such other terms and conditions.
2.3. UNLESS OTHERWISE SPECIFIED, THESE TERMS SHALL APPLY WHETHER YOU ARE USING THE SERVICE AS A SENDER OR RECEIVER.
3. TERMS APPLICABLE TO eCHECK SENDERS
The following terms apply if you use the Portal to send a payment via Pay Now (a "Sender"):
3.1. You may use the Services to send eChecks to Receivers, as permitted by normal operation of the Website, to be drawn against your eligible Checking Accounts. eChecks must be drawn on financial institutions located in the United States and must be payable in U.S. Dollars to Receivers in the United States. You agree that you are responsible for complying with all applicable laws related to your use of the Portal, regardless of the purpose of the use.
3.2. Currently, our Portal may be used solely by businesses to send eChecks to BeniComp. By using the Portal to send eChecks, you represent and warrant to us that the Portal will be used solely for business purposes.
3.3. You will need a BeniComp Portal Account to create and send eChecks using the the Portal. You will be asked to create a BeniComp Portal Account as part of your enrollment for Pay Now as a Sender. A "BeniComp Portal Account" is a notional account maintained for recordkeeping purposes only and cannot be used to store or maintain any funds. The BeniComp Portal Account allows Senders to send eChecks, view eCheck remittance information, and review the status and history of their eChecks.Your BeniComp Portal Account may be assigned to you by an Administrator acting on behalf of BeniComp. If you are using a BeniComp Portal Account assigned to you by an Administrator, your Administrator may be able to access or disable your BeniComp Portal Account. You are responsible for maintaining the confidentiality of your username and password for your BeniComp Portal Account. It is advisable to change your password regularly (by following the instructions in the Portal) in order to reduce the risk of a security breach. We cannot and will not be held responsible for the use, misuse, or disclosure by you to others of your username, password or BeniComp Portal Account. You must immediately tell us if you discover your user name, password or other means to access your BeniComp Portal Account has been lost or stolen so that we can disable your BeniComp Portal Account. If you learn of any unauthorized use of your username, password or BeniComp Portal Account, change the password on your BeniComp Portal Account and contact us immediately at the phone number above. You agree that it is your sole responsibility to ensure that the contact information in your BeniComp Portal Account is current and accurate at all times. This includes, but is not limited to, name, address, phone numbers, checking account information and email addresses. Changes can be made on our website or by contacting us at the phone number above. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate bank account or contact information.
3.4. When you initiate an eCheck as part of your use of the Portal, you are also inherently granting all rights and licenses necessary for the Receiver (or its designated representative) to act as your agent for purposes of continuing the processing of the initiated eCheck and for the Receiver (or its designated representative) to print a physical representation of the eCheck (i.e., a paper check) on your behalf.
3.5. You understand and agree that each initiated eCheck is registered with a fraud prevention component of the Portal. This fraud prevention component allows any party with an internet connection to verify data on the initiated eCheck. BeniComp does not publish any information about your eCheck, only whether data supplied by a verifying party pertains to an eCheck registered with us.
3.6. You may request to void an eCheck by contacting the phone number above provided the eCheck has not already been retrieved by the Receiver. Although we will make every effort to accommodate a void request, we will have no liability for failing to do so. We may not have a reasonable opportunity to act on any void request prior to the eCheck being retrieved. To stop payment on an eCheck that has already been retrieved by the Receiver, you must either contact the Receiver of the eCheck directly and request that they return or destroy all representations of the initiated eCheck in their possession, or, to the extent that the Receiver has already presented the eCheck to a banking institution for settlement, you should institute a standard stop payment order with your Bank. You should also contact us by telephone so that we can attempt to designate all attempts to verify this eCheck as invalid. You are responsible for all charges from your Bank connected with initiated eChecks or attempts to stop payment on an eCheck.
3.7. You should check your transaction history for your Checking Accounts and eCheck Sender Accounts regularly. If your transaction history shows an eCheck that you did not authorize, you must tell us and your Bank at once. Except as otherwise described in these Terms, we are not liable for any damages or loss arising from someone accessing your BeniComp Portal Account or Checking Accounts through the Portal without your permission.
3.8. In using the Portal, you are initiating a check-based payment from your Checking Account. Before making a payment, you must ensure sufficient funds are available in your Checking Account. If we are unable to complete an initiated eCheck for any reason associated with your designated Checking Account (for example, there are insufficient funds in your Checking Account to cover the eCheck), the eCheck may not be processed. You are responsible for all returned item charges, overdraft charges and other bank fees imposed by the Bank holding your Checking Accounts associated with any eChecks initiated on your behalf using our Portal.
3.9. The eChecks you initiate are dependent upon several things, including the accuracy of your Checking Account information and the accuracy of the Receiver information. You must ensure that the payment details you enter for each eCheck are correct and complete. We will not be responsible for any errors in the information that you provide to us. You are solely responsible for the accuracy of the information you provide in connection with eChecks you initiate with the Portal.
3.10. We reserve the right to refuse to initiate any eCheck that you may request using the Portal for any reason, at our sole discretion. We will notify you promptly if we decide to refuse to continue initiation of an eCheck through the Services. This notification is not required if you attempt to make a prohibited transfer under these Terms.
3.11. You represent and warrant that: (1) no intended recipients of eChecks initiated by you are or will be located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; (2) your intended recipients of eChecks initiated by you are not listed on any U.S. Government list of prohibited or restricted parties; (3) you own all right, title and interest in and to, or have permission to use, all trademarks, service marks or logos or other intellectual property or proprietary rights that you may upload as part of your use of the Portal; and (4) your use of the Service will not damage or disrupt any application or service provided under these Terms, including but not limited to: the introduction of any viruses, Trojans, time-bombs, spyware and other devices.
4. TERMS APPLICABLE TO eCHECK RECEIVERS
The following terms apply if you use the Portal to receive a payment via eCheck (a "Receiver").
4.1. An eCheck Receiver Account will automatically be established for all Senders of eChecks upon completion of the Senders enrollment for the Portal. A "Portal Client Account" is a notional account maintained for recordkeeping purposes only and cannot be used to store or maintain any funds. Your BeniComp Portal Account will be assigned to you by an Administrator acting on behalf of BeniComp. If you are using an BeniComp Portal Account assigned to you by an Administrator, your Administrator may be able to access or disable your eCheck Receiver Account. You are responsible for maintaining the confidentiality of your username and password for your BeniComp Portal Account. It is advisable to change your password regularly (by following the instructions in the Portal) in order to reduce the risk of a security breach. We cannot and will not be held responsible for the use, misuse, or disclosure by you to others of your username, password or BeniComp Portal Account. You must immediately tell us if you discover your user name, password, or other means to access your BeniComp Portal Account has been lost or stolen so that we can disable your BeniComp Portal Account. If you learn of any unauthorized use of your username, password, or BeniComp Portal Account, change the password on your BeniComp Portal Account and contact us immediately at the phone number above. You agree that it is your sole responsibility to ensure that the contact information in your BeniComp Portal Account is current and accurate at all times. This includes, but is not limited to, name, address, phone numbers, checking account information, and email addresses. Changes can be made on our Website. All changes made are effective immediately.
5. USING THE PORTAL
5.1. Your enrollment in, or use of the Portal may not be fulfilled if we cannot verify your identity or other necessary information.
5.2. You may use the Portal only in accordance with these Terms and as permitted by law, including applicable export and re-export control laws and regulations.
5.3. It is your responsibility to determine what, if any, taxes apply to eChecks you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your eChecks or for collecting, reporting or remitting any taxes arising from your eChecks.
5.4. If you are using the Portal on behalf of a business, you represent that you are authorized to bind the business on its behalf, and that the business accepts and agrees to be bound by these Terms.
6. THIRD PRODUCTS
6.1. Third-Party Products. Through our Website, we may offer information, software, commentary, tools, products or services supplied by companies not affiliated with us ("Third Party Products"). We do not own any interest in, edit, review or endorse any Third-Party Products. You agree that we make no warranties and shall have no liability as to any Third-Party Products you review, download or otherwise use in connection with the Portal.
7. WARRANTIES AND DISCLAIMERS
7.1. BeniComp makes no representation or warranty with respect to uptime or availability of the Portal. Internet and wireless connections can fail, power outages can happen, and your access to the Portal may be interrupted through no fault of BeniComp or through our regular updates and maintenance of the Portal. BeniComp is not responsible for any loss or damage as a result of your inability to access or use the Portal.
7.2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER BENICOMP, NOR ITS SUPPLIERS, DISTRIBUTORS OR ANY THIRD PARTIES MAKE ANY SPECIFIC WARRANTIES ABOUT THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, AND ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED. WE PROVIDE THE SERVICES "AS IS".
8. INDEMNIFICATION AND RELEASE
8.1. You agree to defend, indemnify and hold harmless BeniComp and our affiliates, service providers and each such party’s respective officers, directors, agents, employees, representatives, and contractors, from any loss, damage, claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of these Terms and/or your use of the Portal.
8.2. If you have a dispute with one or more other users of the Portal or your Bank, you release us and our affiliates and service providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
9. LIABILITY
9.1. Except as otherwise described herein, BeniComp and its subsidiaries, affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages, or any other losses or liability resulting from or related to the Portal, even if advised of the possibility of such damages.
9.2. BeniComp’s liability and your exclusive remedy related to non-performance of the Portal shall be: (i) for BeniComp to re-perform, repair, or replace the Portal, or (ii) where reperformance, repair, or replacement is not practicable, the total liability of BeniComp and its suppliers and distributors shall be limited to your actual documented damages not to exceed the fees paid by you for the non-performing Portal.
9.3. We shall not be liable for any disruption or impairment of the Portal or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder that are beyond our reasonable control or the control of the intermediary affected.
9.4. Nothing in these Terms shall operate to exclude liability for any statutory liability that cannot be excluded or amended by agreement between the parties.
10. PRIVACY POLICY
10.1. BeniComp’s privacy policy (the "Privacy Policy") explains how we treat your personal data and protect your privacy when you use the Portal. By using the Portal, you agree that BeniComp can use such data in accordance with the Privacy Policy, which may be changed from time to time in our discretion. A link to the Privacy Policy can be found at www.benicompselect.com/privacy-policy.
11. INTELLECTUAL PROPERTY
11.1. Using the Portal does not give you ownership of any intellectual property rights in the Portal. You may not use content from the Portal unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use in any way any of our trademarks, trade dress, branding, images, graphics, copyrights or logos used in the Portal. Do not remove, obscure, or alter any legal notices displayed in or along with the Portal.
11.2. All marks and logos related to BeniComp, Inc. or the BeniComp Health Portal, are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, and scripts are our service marks, trademarks, and/or trade dress, and some information on this site may be our protected copyrights. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Portal or display them in any manner that implies our sponsorship or endorsement.
11.3. All right, title and interest in and to the Portal, the technology related to the Portal, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Portal shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
11.4. BeniComp gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BeniComp as part of the Portal. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Portal, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Portal or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable law prohibits those restrictions or you have our written permission.
12. PROHIBITED TRANSACTIONS
12.1. You are prohibited from using the Portal for activities that: (a) violate any law, statute, ordinance or regulation or these Terms; (b) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (c) facilitate any viruses, Trojan horses, worms or other computer programming routines or malicious software that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (d) use any robot, spider, other automatic device, or manual process to monitor or copy the Portal; (e) constitute use of any device, software or routine to bypass technology protecting the Portal, or interfere or attempt to interfere, with the Portal; or (f) may cause us or our service providers to lose any of the services from our Internet service providers, payment processors, or other vendors.
12.2. In no event shall we or our service providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Portal or these Terms. We and our service providers reserve the right to monitor and remove any comments you post or submit through the Portal, in our discretion.
12.3. You also acknowledge that the Portal may be subject to U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable US and foreign laws and any destination restrictions imposed by U.S. and foreign governments.
13. MODIFICATION, TERMINATION AND SUSPENSION
13.1. We are constantly changing and improving the Portal. We may add or remove functionalities or features, and we may suspend or stop some or all of the Portal altogether without notice to you except when required by law.
13.2. We may modify these Terms at any time in our sole discretion without prior notice to you except when required by law. You should look at the terms published on our Website regularly, where we will post notice of modifications to these Terms. If you do not agree to the modified terms for the Portal, you should discontinue your use of the Portal. Your continued use of the Portal after any changes to these Terms shall constitute your consent to such changes.
13.3. You can terminate or ceasing using the Portal at any time. If we have reason to believe that you have engaged in any prohibited activities referenced or described in these Terms or have otherwise breached your obligations under these Terms, we may terminate, suspend or limit your access to or use of the Portal; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide the Portal to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate these Terms and/or use of the Portal for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under the Terms.
13.4. If any eChecks initiated by you are still pending at the time the Portal is terminated by you or us, such eChecks may still be retrieved and presented by Receivers for settlement against your Checking Account. See Section 4.6 above on how to void or stop payment on pending eChecks.
14. HOW WE COMMUNICATE; NOTICES
14.1. If you provide us with your mobile phone number, you expressly agree that you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this number to contact you for any business purpose about the Portal and you agree to be responsible for any fees or charges you incur as a result of providing this information. You agree that we may contact you from time to time regarding the Portal in any manner we choose unless applicable law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, and by using an automated dialer device. We may monitor or record any conversation or other communication with you.
14.2. You agree that we may provide notice to you by posting it on the Website, sending you an in-product message within the Portal, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. All notices provided by us shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed.
15. MISCELLANEOUS
15.1. No person other than you shall have any rights under these Terms. This Agreement and all the terms and provisions herein shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. This Agreement shall not be construed to confer any rights or remedies upon any person not a party to this Agreement, whether as a third party beneficiary or otherwise. You may not transfer or assign any rights or obligations you have under this agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this agreement or any right or obligation under this agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.2. If there is a conflict between these Terms and any other supplemental terms provided to you or displayed on the Website, the supplemental terms will control with respect to the Portal specifically described in such terms.
15.3. The laws of the state of Indiana, without regard to its conflict of law provisions, will apply to any disputes arising out of or relating to these terms or the Portal. All claims arising out of or relating to these terms or the Portal will be litigated exclusively in the federal or state courts of Allen County, Indiana, and you and BeniComp consent to personal jurisdiction in those courts.
15.4. BeniComp shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. 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.