PAYLIANCE
CONSUMER PAYMENT PROCESSING
TERMS AND CONDITIONS
NMLS ID 1130706
Effective Date: July 28, 2026
These Consumer Payment Processing Terms and Conditions (these “Terms”) constitute a legally binding agreement between you (“Consumer,” “you,” or “your”) and Payliance (“Company,” “we,” “us,” or “our”), NMLS ID 1130706, governing your use of payment processing services for credit card, debit card, and Automated Clearing House (“ACH”) transactions facilitated by Payliance.
By authorizing a payment through Payliance, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, do not authorize any payment transaction through Payliance.
1. Definitions
“ACH” means the Automated Clearing House network, a nationwide electronic funds transfer system governed by the Nacha Operating Rules.
“Authorization” means your express consent, whether written, electronic, or oral (with proper verification), permitting Payliance to initiate a debit or credit entry to your account.
“Business Day” means any day on which Payliance is open for conducting substantially all business functions, excluding Saturdays, Sundays, and federal holidays.
“Credit Card Transaction” means a payment made using a Visa, Mastercard, American Express, Discover, or other accepted credit card network processed through Payliance, excluding Debit Card Transactions processed on those networks.
“Debit Card” means a card or other payment device (including prepaid cards) linked to a deposit account or stored value account that allows the holder to access funds to make purchases or withdraw cash, including PIN-debit transactions processed through debit networks (such as STAR, Pulse, NYCE, or Maestro) and signature-debit transactions processed through credit card networks (Visa, Mastercard).
**“Debit Card Transaction” **means a payment initiated using a Debit Card, whether processed as a PIN-authenticated transaction through a debit network or as a signature-authenticated transaction through a credit card network.
**“Chargeback” **means a reversal of a credit card or debit card transaction initiated by a Consumer’s card issuer, typically as a result of a Consumer dispute.
“Card Network” means Visa, Mastercard, American Express, Discover, and any other payment card network whose cards are accepted by Payliance, including PIN-debit networks such as STAR, Pulse, NYCE, Accel, and Maestro.
**“Card Network Rules” **means the bylaws, rules, regulations, operating procedures, and policies of each Card Network, as amended from time to time.
“EFT” or “Electronic Fund Transfer” means any transfer of funds initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s account, including ACH transactions.
“Nacha Operating Rules” means the rules and guidelines established by Nacha (formerly the National Automated Clearing House Association) governing ACH transactions.
“Originator” means the entity (merchant, biller, or creditor) that has engaged Payliance to process payments on its behalf.
**“Preauthorized Transfer” **means an EFT authorized in advance to recur at substantially regular intervals.
“Receiver” means the consumer or entity that has authorized an Originator to initiate a debit or credit entry to their account.
“WEB Entry” means an ACH debit entry to a consumer’s account initiated via the internet in accordance with Nacha WEB entry requirements
2. Scope of Services and Payment Methods
Payliance provides payment processing services that enable Consumers to make payments to Originators using the following methods:
• ACH, including one-time and recurring debits from your checking or savings account
• Credit, debit, and prepaid card payments processed through accepted Card Networks (Visa, Mastercard, American Express, Discover, and PIN-debit networks as available)
The specific payment methods available to you may depend on your financial institution and the Originator. Not all payment methods are available for all transactions.
Third-Party Processors and Financial Institutions. Payliance works with third-party payment processors, acquiring banks, card networks, and financial institutions to complete your transactions. These third parties have their own terms, conditions, and policies that may apply to your transactions in addition to these Terms.
Role of Payliance. Payliance acts as a payment facilitator and processor, providing technology and services to facilitate payment transactions between you and the Originator. Payliance is not a party to the underlying transaction between you and the Originator and does not control, and is not responsible for, the goods, services, or other obligations that the Originator has agreed to provide to you.
3. ACH Payment Authorization and Terms
This section governs all ACH and electronic fund transfer transactions processed by Payliance.
3.1 Authorization Requirements
Before initiating any ACH debit entry to your account, Payliance requires your valid authorization. You will receive a copy of your authorization or confirmation of your authorization for your records. Your authorization may be provided in writing (including electronic signature), electronically through a secure online form, or orally with proper verification procedures.
3.2 One-Time ACH Payments
For one-time (non-recurring) ACH payments, you authorize Payliance to initiate a single electronic debit entry to the bank account you designate in the amount you specify at the time of authorization. Each one-time payment requires separate authorization.
3.3 Recurring (Preauthorized) ACH Payments
If you authorize recurring payments, the following terms apply:
• You authorize Payliance to initiate recurring debit entries to your designated account at the intervals and in the amounts specified in your authorization.
• Recurring payments will continue until you revoke your authorization or the payment obligation is satisfied.
• Notification of Changes: If the amount of a scheduled recurring payment will differ from the previously authorized amount, or if the date of a scheduled payment will change, Payliance will provide you with notice at least ten (10) calendar days prior to the scheduled date of the transfer. This notice will include the new amount and/or date.
3.4 Revocation of Authorization
You have the right to revoke your ACH payment authorization at any time by notifying Payliance in writing or electronically. To revoke your authorization, contact Payliance at admin@payliance.com or by the methods described in Section 16 (Contact Information). Your revocation must be received at least three (3) business days before the next scheduled payment date to be effective for that payment. Payliance will confirm receipt of your revocation request.
3.5 ACH Returns and Disputes
If an ACH debit is returned by your financial institution (for example, due to insufficient funds, account closed, or authorization revoked), you may be subject to applicable return fees as disclosed in Section 8 (Fees and Charges). If you believe an ACH debit was unauthorized or processed in error, please refer to Section 6 (Consumer Rights and Error Resolution) for information on how to report errors and your rights under Regulation E.
4. Credit Card Payment Terms
This section governs all credit card transactions processed by Payliance and is provided in compliance with Regulation Z (12 CFR Part 1026) and the Truth in Lending Act.
4.1 Credit Card Authorization
When you make a payment using a credit card, you authorize Payliance to charge the credit card account you designate for the amount specified. By providing your credit card information, you represent and warrant that you are the authorized cardholder or are authorized to use the card for the transaction.
4.2 Accepted Card Networks
Payliance accepts payments from major credit card networks, which may include Visa, Mastercard, American Express, and Discover. The specific card networks accepted may vary by Originator. Available payment methods will be displayed at the time of the transaction.
4.3 Transaction Processing
Credit card transactions are processed in accordance with applicable card network rules. Upon authorization, the charge will appear on your credit card statement with a descriptor identifying Payliance and/or the Originator.
4.4 Recurring Credit Card Payments
If you authorize recurring credit card payments, charges will be applied to your designated card at the frequency and amount specified in your authorization. You may cancel recurring credit card charges at any time by contacting Payliance at customermgr@payliance.com or by the methods described in Section 16.
This section governs all debit card transactions processed by Payliance and is provided in compliance with Regulation E (12 CFR Part 1005) and the Electronic Fund Transfer Act.
5. Debit Card Payment Terms
5.1 Debit Card Authorization
When you make a payment using a debit card (including prepaid cards), you authorize Payliance to debit the bank account or stored value account linked to your card for the amount specified. By providing your debit card information, you represent and warrant that you are the authorized cardholder or are authorized to use the card for the transaction.
5.2 Types of Debit Card Transactions
Payliance may process debit card transactions through the following methods:
• **PIN-Debit Transactions: **Transactions authenticated using your Personal Identification Number (PIN) and processed through a PIN-debit network. These transactions typically result in immediate debiting of your account.
• Signature-Debit Transactions: Transactions authenticated by your signature (or online acceptance) and processed through a credit card network (Visa or Mastercard). These transactions may involve a hold on your account before final settlement.
5.3 Authorization Holds and Fund Availability
When you use a debit card, an authorization hold may be placed on your account for the transaction amount. This hold temporarily reduces your available balance. The actual charge will occur when the transaction is settled, typically within one to three (1-3) business days. In some cases, particularly for certain types of transactions, the authorization hold amount may differ from the final transaction amount. Your financial institution’s policies govern how authorization holds affect your available balance and when holds are released.
5.4 Recurring Debit Card Payments
If you authorize recurring debit card payments, charges will be applied to your designated card at the frequency and amount specified in your authorization. The provisions of Section 3.3 (Recurring Preauthorized ACH Payments), including the right to notification of changes and the right to revoke authorization, apply equally to recurring debit card payments as required by Regulation E.
5.5 Your Rights for Debit Card Transactions (Regulation E)
Important: Debit card transactions are electronic fund transfers governed by Regulation E (12 CFR Part 1005) and the Electronic Fund Transfer Act—not by Regulation Z or the Fair Credit Billing Act that governs credit cards. This distinction affects your liability for unauthorized transactions and the procedures for disputing errors. Your rights for debit card transactions are described in Section 6 (Unauthorized Transactions and Liability) under the ACH/EFT provisions, not the credit card provisions.
5.6 Prepaid Card Transactions
If you use a prepaid card to make a payment through Payliance, your transaction is subject to Regulation E protections for prepaid accounts as implemented by the Consumer Financial Protection Bureau. Your rights may vary depending on whether your prepaid card is registered (linked to your identity) or unregistered. For unregistered prepaid cards, certain Regulation E protections, including error resolution and unauthorized transfer protections, may be limited. Contact your prepaid card issuer for information about the specific protections that apply to your card.
5.7 Your Rights Under the Fair Credit Billing Act
IMPORTANT — YOUR BILLING RIGHTS: Federal law (the Fair Credit Billing Act, as implemented by Regulation Z) provides you with important rights regarding billing errors on your credit card statement. A summary of your rights is provided below and in Section 6.
You have the right to dispute billing errors on your credit card statement, including:
• Charges that you did not authorize or that were not made by someone you authorized to use your card
• Charges for goods or services that you did not accept or that were not delivered as agreed
• Charges that are incorrectly identified or for which the wrong amount or date is shown
• Computational or similar errors on your statement
• Charges for which you request a clarification or written proof of purchase
• Failure to properly reflect payments or credits to your account
Your rights and the procedures for disputing billing errors are described in detail in Section 6 (Consumer Rights and Error Resolution).
6. Consumer Rights and Error Resolution
6.1 Your Rights for ACH/EFT Transactions (Regulation E)
Error Resolution Notice: In case of errors or questions about your electronic fund transfers processed by Payliance, contact us as soon as possible at customermgr@payliance.com or by the methods in Section 16. Notify us at once if you believe your account statement or transaction record shows an error or if you believe an unauthorized transfer has been made using your account information.
6.1.1 What Constitutes an Error
An “error” under Regulation E includes:
• An unauthorized electronic fund transfer
• An incorrect electronic fund transfer to or from your account
• An omission from your account statement or transaction record of an electronic fund transfer that should have been included
• A computational or bookkeeping error made by Payliance relating to an electronic fund transfer
• Your receipt of an incorrect amount of money from an electronic terminal (if applicable)
• An electronic fund transfer not properly identified on your statement or transaction record
6.1.2 How to Report an Error
To report an error, you must contact us within sixty (60) days after the date we sent you the FIRST statement or notification on which the error appeared. When you contact us, please provide:
(1) Your name and account number (if applicable)
(2) A description of the error or the transfer you are unsure about, explaining as clearly as you can why you believe it is an error or why you need more information
(3) The dollar amount of the suspected error
You may notify us orally or in writing. If you notify us orally, we may require that you send your complaint or question in writing within ten (10) business days.
6.1.3 Investigation Timeframes
Upon receiving your error report, we will:
• Investigate your complaint and determine whether an error occurred within ten (10) business days after we hear from you.
• If we need more time, we may take up to forty-five (45) calendar days to investigate your complaint. If we decide to take additional time, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation.
• For new accounts (within the first 30 days of the first deposit), we may take up to twenty (20) business days to provisionally credit your account.
• For foreign-initiated transfers or point-of-sale transactions, we may take up to ninety (90) calendar days to investigate.
• We will notify you of the results within three (3) business days after completing our investigation.
• If we determine that no error occurred, we will send you a written explanation and, if applicable, debit any provisional credit from your account. You may request copies of the documents we relied upon in our investigation.
6.2 Your Rights for Credit Card Transactions (Regulation Z)
YOUR RIGHTS UNDER THE FAIR CREDIT BILLING ACT
If you think there is an error on your credit card statement related to a transaction processed by Payliance, write to us at the address listed in Section 16. In your communication, provide the following information:
(1) Your name and account number
(2) The dollar amount of the suspected error
(3) A description of the error and an explanation of why you believe it is a billing error
6.2.2 Timeframes for Credit Card Disputes
You must contact us:
• Within sixty (60) days after the first statement on which the error or problem appeared was sent to you.
• Timeframes will be longer if the charge is fraudulent and may depend on the card network rules and your card user agreement. See Section 7.
Upon receiving your dispute, we will:
• Acknowledge your dispute in writing within thirty (30) days of receipt, unless we have resolved the dispute within that time.
• Resolve the dispute within two (2) complete billing cycles (but no longer than ninety (90) days) after receiving your written notice.
6.2.3 Your Rights During Investigation
While we investigate your credit card billing dispute, the following protections apply:
• We will not report the disputed amount as delinquent to any credit reporting agency or attempt to collect it from you during the investigation.
• We will not close your account or restrict your account solely because you have exercised your right to dispute a billing error.
• We will not offset or otherwise collect the disputed amount from any other account you hold, pending resolution of the dispute.
• You are not required to pay the disputed amount (or any related finance charges) while the dispute is pending, although you remain obligated to pay any undisputed portion of your bill.
6.2.4 Resolution
If we determine that a billing error occurred, we will correct the error and credit your account for any finance charges, late fees, or other charges related to the disputed amount. If we determine that no error occurred, we will send you a written explanation and you will owe the disputed amount plus any accumulated finance charges. You may request copies of documents supporting our determination.
7. Unauthorized Transactions and Liability
7.1 ACH/EFT Unauthorized Transfer Liability (Regulation E)
If you believe your account information has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, contact Payliance immediately. Your liability for unauthorized electronic fund transfers is limited as follows:
• Within 2 Business Days: If you notify us within two (2) business days after you learn of the loss or theft of your account information, your liability is limited to no more than $50.00 (or the amount of the unauthorized transfers that occur before notification, whichever is less).
• After 2 Business Days but Within 60 Days: If you do NOT notify us within two (2) business days after you learn of the loss or theft, but you do notify us within sixty (60) days after your statement showing the unauthorized transfer was sent to you, your liability is limited to no more than $500.00.
• After 60 Days: If you do not notify us within sixty (60) days after your statement showing the unauthorized transfer was sent to you, you may be liable for the full amount of unauthorized transfers that occur after the 60-day period and before you notify us.
Note: If a good reason (such as a long trip or hospital stay) prevented you from notifying us, we may extend the time periods described above.
7.2 Credit Card Unauthorized Use Liability (Regulation Z)
For unauthorized use of your credit card in connection with transactions processed by Payliance, your maximum liability is limited to $50.00, as provided by the Truth in Lending Act (15 U.S.C. § 1643) and Regulation Z. Many card issuers offer zero-liability policies that may further reduce your exposure. If you believe an unauthorized charge has been made, notify Payliance and your card issuer immediately.
7.3 Reporting Unauthorized Transactions
To report an unauthorized transaction, contact Payliance immediately by:
• Email: disputes@payliance.com
• Or by the methods described in Section 16 (Contact Information)
Prompt reporting helps limit your potential liability and enables us to take immediate steps to prevent further unauthorized transactions.
8. Fees and Charges
8.1 Transaction Fees
The fees applicable to your transactions will be disclosed to you at or before the time you authorize a payment. Fees may vary based on the payment method selected, the Originator, and the transaction type. Common fees that may apply include:
• Convenience fees or service charges for payment processing
• Returned payment fees (for ACH transactions returned due to insufficient funds, closed accounts, or other reasons)
• Late payment fees, as disclosed by the Originator
8.2 Fee Disclosure
In accordance with Regulation E, all fees associated with electronic fund transfers will be disclosed to you prior to the completion of any transaction. You will have the opportunity to review and accept or decline fees before your transaction is processed. No fees will be charged without your express consent.
8.3 Changes to Fees
Payliance reserves the right to change fees associated with the services. For changes to fees affecting ACH/EFT transactions, we will provide you with at least twenty-one (21) days advance written notice before the change takes effect, as required by Regulation E. You may elect to discontinue use of the service before the fee change takes effect.
8.4 Third-Party Fees
Your financial institution may impose its own fees in connection with electronic fund transfers or credit card transactions (for example, overdraft fees, non-sufficient fund fees, or cash advance fees). Payliance is not responsible for any fees charged by your financial institution, card issuer, or other third parties.
9. Data Security and Privacy
9.1 Security Measures
Payliance implements and maintains commercially reasonable administrative, technical, and physical safeguards designed to protect your personal and financial information, including:
• Encryption of sensitive data during transmission using industry-standard protocols (TLS/SSL)
• Secure storage of account information with access controls
• Regular monitoring and testing of security systems and processes
• Compliance with Payment Card Industry Data Security Standards (PCI DSS) for credit card data
• Commercially reasonable security procedures for ACH transactions as required by the Nacha Operating Rules
9.2 Our Collection, Use, and Disclosure of Information
We may collect and retain the following information:
• Your name, address, email address, and telephone number
• Bank account information (routing number, account number, account type) for ACH transactions
• Credit card information (card number, expiration date, CVV) for credit card transactions
• Transaction history, including amounts, dates, and recipient information
• Device and browser information used for security validation of WEB entries
We use your information for the purposes of processing your authorized transactions, complying with applicable laws and regulations, preventing fraud, and resolving disputes.
We may share your information with the Originator on whose behalf we process your payment, financial institutions involved in processing your transaction, service providers who assist us in delivering payment processing services, subject to confidentiality obligations, and/or law enforcement or government agencies as required by applicable law, regulation, or legal process.
Additionally, we will disclose your information as we believe necessary or appropriate to: (a) comply with applicable law; (b) enforce these Terms; (c) protect our operations; (d) protect our rights, privacy, safety, or property, and/or those of others; and (e) allow us to pursue available remedies or limit damages that we may sustain. We may disclose your information for other reasons that we will describe at the time of information collection or prior to disclosing your information. In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with a bankruptcy or similar proceeding), we may disclose or transfer your information to certain third parties, such as the acquiring entity and its advisers.
9.3 Your Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and payment information. Notify Payliance immediately if you believe your information has been compromised or accessed without your authorization.
10. Stop Payment Rights
10.1 Right to Stop Payment on Preauthorized ACH Transfers
If you have authorized recurring (preauthorized) ACH payments, you have the right to stop any of these payments. To exercise this right:
(1) Timing: You must notify Payliance at least three (3) business days before the scheduled transfer date.
(2) Method of Notice: You may provide your stop payment request orally or in writing. If you provide notice orally, we may require you to confirm your request in writing within fourteen (14) days. If we do not receive your written confirmation within fourteen (14) days (when required), your oral stop payment order may expire.
(3) Information to Provide: Please include the exact amount of the payment, the scheduled date, and the name of the Originator/payee.
10.2 Effect of Stop Payment
Once a valid stop payment order is received by Payliance within the required timeframe, we will not process the specified payment.
10.3 Credit Card Recurring Payments
To stop a recurring credit card payment, notify Payliance in writing or electronically at least three (3) business days before the scheduled charge. You may also contact your card issuer directly to dispute or block future charges.
10.4 Contact for Stop Payment Requests
Stop payment requests should be directed to: customermgr@payliance.com or by the methods described in Section 16 (Contact Information).
11. Modification of Terms
11.1 Right to Modify
Payliance reserves the right to change these Terms, including but not limited to the fees, charges, and other conditions governing payment processing services.
11.2 Notice of Changes
For changes affecting your rights regarding ACH/EFT transactions, Payliance will provide you with at least twenty-one (21) days advance written notice before the effective date of any change. Notice may be provided by:
• Email to the address you have provided
• Posting on the Payliance website with conspicuous notice of the change
• Written notice sent to your address on file
11.3 Exceptions to Advance Notice
Advance notice is not required when a change is necessitated by an immediate need to restore the security of your account or the electronic fund transfer system.
11.4 Changes to Card Network Rules
The Card Networks may change their rules, fees, or operating procedures at any time. If such changes affect your rights or obligations under these Terms, Payliance will notify you of such changes to the extent required by applicable law. Certain Card Network Rule changes may take effect immediately without advance notice if required by the applicable Card Network.
11.5 Your Options
If you do not agree to a modification, you may terminate your use of Payliance payment processing services before the effective date of the change. Your continued use of the services after the effective date of any modification constitutes your acceptance of the modified Terms.
12. Limitation of Liability
12.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYLIANCE AND ITS SUPPLIERS PROVIDE THE PAYMENT PROCESSING SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PAYLIANCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYLIANCE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PAYMENT PROCESSING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PAYLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 State Law Variations
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such jurisdictions, Payliance’s liability shall be limited to the maximum extent permitted by applicable law.
12.4 Preservation of Consumer Rights
Important: Nothing in this section shall be construed to limit your rights under Regulation E (12 CFR Part 1005) or Regulation Z (12 CFR Part 1026), including but not limited to your rights regarding error resolution, unauthorized transfers, and billing disputes. To the extent any provision of this section conflicts with your rights under applicable federal consumer protection law, the federal law shall control.
12.5 Sole Remedy
If you are dissatisfied with any portion of the payment processing services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the payment processing services, except to the extent that additional remedies are provided under Regulation E, Regulation Z, or other applicable law.
13. Governing Law and Dispute Resolution
13.1 Governing Law
To the maximum extent permitted by law, these Terms are governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its conflict of laws principles, except to the extent preempted by applicable federal law (including, without limitation, the Electronic Fund Transfer Act, the Truth in Lending Act, and the Nacha Operating Rules).
13.2 Venue and Jurisdiction
You hereby consent to the exclusive jurisdiction and venue of the courts located in King County, Washington, U.S.A. for all disputes arising out of or relating to these Terms or your use of the payment processing services, except where prohibited by applicable law.
13.3 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to contact Payliance at customermgr@payliance.com to attempt to resolve the dispute informally. We will endeavor to work with you in good faith to resolve any issue within thirty (30) days of receiving your written complaint.
13.4 Chargeback Dispute Process
For credit and debit card transactions, you may have the right to initiate a chargeback through your card issuer in accordance with Card Network Rules. The chargeback process is separate from, and in addition to, your error resolution rights under federal law (Regulation E for debit cards and Regulation Z for credit cards). To initiate a chargeback, contact your card issuer directly. Chargebacks are subject to time limits and documentation requirements established by the Card Networks. Payliance will cooperate with your card issuer and the Card Networks in processing chargebacks in accordance with Card Network Rules.
13.5 Compliance with Law
Payliance’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Payliance’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by Payliance with respect to such use.
14. Termination
14.1 Termination by Payliance
Payliance reserves the right, in its sole discretion, to terminate your access to the payment processing services or any portion thereof at any time, with or without cause. Where practicable, Payliance will provide reasonable notice of termination. Termination will not affect your rights with respect to transactions already processed or pending error resolution investigations.
14.2 Termination by You
You may terminate your use of Payliance payment processing services at any time by:
• Revoking any outstanding ACH payment authorizations
• Canceling any recurring credit card payment arrangements
• Notifying Payliance in writing at customermgr@payliance.com
14.3 Effect of Termination
Upon termination:
• All pending preauthorized transfers will be canceled, provided you give notice at least three (3) business days before the scheduled transfer date.
• Payliance will complete processing of any transactions already initiated prior to termination.
• Your rights under Regulation E and Regulation Z with respect to transactions processed prior to termination (including error resolution and dispute rights) shall survive termination.
• Sections 12 (Limitation of Liability), 13 (Governing Law and Dispute Resolution), and 15 (General Provisions) shall survive termination.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any authorization forms you have executed and any disclosures provided in connection with specific transactions, constitute the entire agreement between you and Payliance with respect to payment processing services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Payliance with respect to such services.
15.2 Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.
15.3 No Waiver
The failure of Payliance to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Payliance.
15.4 No Agency Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Payliance as a result of these Terms or your use of the payment processing services.
15.5 Assignment
Payliance may assign its rights and obligations under these Terms without your consent. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Payliance.
15.6 Electronic Communications
By using Payliance payment processing services, you consent to receiving communications from Payliance electronically, including notices, disclosures, and agreements. Electronic communications satisfy any legal requirement that such communications be in writing. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15.7 Language
It is the express wish of the parties that these Terms and all related documents be drawn up in English. The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions.
15.8 Regulatory Compliance
These Terms are intended to comply with all applicable federal and state laws and regulations, including Regulation E (12 CFR Part 1005), Regulation Z (12 CFR Part 1026), and the Nacha Operating Rules. To the extent any provision of these Terms conflicts with mandatory requirements of applicable law, such law shall control without invalidating the remaining provisions of these Terms.
15.9 Card Network Rules Compliance
Payliance’s processing of card transactions is subject to the rules, bylaws, and operating regulations of the applicable Card Networks. You agree that your use of payment card services is subject to Card Network Rules to the extent applicable to cardholders. In the event of a conflict between these Terms and Card Network Rules regarding the processing of card transactions, the Card Network Rules shall control.
15.10 Compulsory Use Prohibition
No person may condition the extension of credit to a consumer on such consumer’s repayment by means of preauthorized electronic fund transfers, except for credit granted pursuant to a credit plan contemplated by applicable law. Payliance does not require preauthorized electronic fund transfers as a condition of any service.
16. Contact Information
For questions about these Terms, to report errors or unauthorized transactions, to request stop payments, or for any other inquiries regarding your payment transactions, please contact Payliance:
Email: customermgr@payliance.com
For error resolution and unauthorized transaction reports: Please include your name, transaction details (date, amount, and description), and a description of the error or concern. For ACH/EFT errors, notify us within sixty (60) days of the statement showing the error. For credit card billing errors, notify us within sixty (60) days of the first statement on which the error appeared.