Terms & Conditions

BillandPay.com is a service provided by BP, LLC dba Bill & Pay

These Terms and Conditions apply to your use of Bill & Pay’s electronic bill presentment and payment services (hereinafter referred to as the “Service”) and applies to your use of this service via the internet. By using the service, you agree to these Terms and Conditions.

1. PLEASE REVIEW THE PRIVACY STATEMENT.

We are very serious about the privacy of information you provide. Please read the Privacy Statement posted on this website before using this Service. To facilitate payments, it is necessary for Bill & Pay to share certain information with third parties to process payments; however, this information will be treated in accordance with the terms of the Privacy Statement.

2. BILLANDPAY.COM

(A) Use of the Service is granted to legally authorized account holders (“Users”) to access information and complete payment transactions to individuals and businesses (“Payee”) in exchange for goods and services.

(B) BillandPay.com may be used to view and pay all or part of invoices electronically. BillandPay.com may be used for automatic deduction of payments from an account.

(C) BillandPay.com may be used to access your account balance and account history and to print paper copies of your invoice.

3. FEES AND CHARGES.

(A) BillandPay.com is a service that is provided by Bill & Pay. There is no fee charged to you to use this service.

4. PAYMENTS TO PAYEE.

(A) You may make payments to your payee from your checking, savings or credit card account. All monies deposited into this service are paid directly to payee less any transaction fees collected from the payee.

(B) Bill & Pay makes no representations or warranties regarding when such financial transactions will be completed as there are numerous factors which could cause or contribute to delays in completion of such financial transactions.

(C) Returned/Uncollectible Check Payments. Bill & Pay, the Financial Institution and Payee reserve the right to take certain actions in the event that a electronic check payment cannot be collected for any reason, including, but not limited to, “NSF” or invalid account information. These actions include, but are not limited to, charging a return check fee of the lesser of $30 or the maximum amount allowed by law, deducting the uncollected amount from the users account(s), deducting the return check fee from the users account(s), and/or taking any other actions allowed by law. We also reserve the right not to accept electronic payments from the user in the future.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

Bill & Pay’s entire liability and your exclusive remedy shall be that except as expressly stated above, the Software and corresponding license are provided on an “as is” basis without any other warranties. Bill & Pay disclaims any warranties and liability to licensee, any other party or person for any consequential, incidental, indirect, special, punitive and/or exemplary damages including, without limitation, damages for lost profits, business interruption, loss of business information, arising out of or related to this Agreement. All such express or implied warranties including implied fitness for a particular purpose or implied warranty of merchantability are hereby disclaimed.

6. PRIVACY.

Bill & Pay may collect information about you and your use of the Service. Use and disclosure of such information is governed by the Privacy Statement, which is posted here. A copy of this statement may also be obtained by contacting Bill & Pay. By using the Service, you agree to the terms of our Privacy Statement.

You acknowledge and agree that Bill & Pay and the shall have the right to record and retain all direct communications, whether by electronic mail (“e-mail”), facsimile, written communication, or telephone, related to the use of this Service. All communication with Bill & Pay may be recorded.

7. TERMINATION.

This Agreement may be terminated at any time by providing written notice to Bill & Pay. Further, Bill & Pay reserves the right to terminate this Agreement at any time in its sole discretion.

8. MISCELLANEOUS TERMS.

(A) Assignment; Amendment. This Agreement may not be assigned by any party hereto without the prior written consent of the other parties and such written consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensee may freely assign this Agreement without consent solely to the Licensor, which entity shall then have the rights of Licensee under this Agreement, including the rights to sublicense the Historical Database and any derivatives thereof. These Terms and Conditions are subject to change at any time, at the sole discretion of Bill & Pay upon 30 days advance notice posted on the Bill & Pay website.

(B) Third Party Beneficiaries; Binding Effect. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto, their successors and permitted assigns, any rights or remedies under or by reason of this Agreement. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their successors and permitted assigns.

(C) Severability. Any invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity of any other of its provisions.

(D) Survival. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will so survive.

(E) Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Minnesota, without regard to conflicts of laws provisions or principles of comity which would result in the application of substantive laws of a jurisdiction other than the State of Minnesota.

(F) Waiver. A failure to exercise or a delay in exercising a right in any instance by any party hereto shall not be deemed a waiver of the right in the future. Any waiver shall be limited to the specific provision waived and the circumstances or event specifically made subject thereto and shall not be deemed a waiver of any other term or of the same term under different circumstances.

9. COMMUNICATIONS.

If you have any questions about these terms and conditions or if you have any other questions you can email us using the Contact Bill & Pay link on this website, or write us at: Bill & Pay, 3023 46th Avenue South, Minneapolis, MN 55406