Terms of Service

BillPay™ and you

These Terms constitute the preliminary agreement between You and BILLPAY LLC, Singapore (BILLPAY) which governs the supply of the BillPay™ service to You and sets out the basis of Your legal relationship with BILLPAY.

Meaning of words

When used in these Terms, the following words have the meanings given below:

"Account" means Your Credit Card Account, Debit Card, Scheme Debit Card Account or Charge Account, with a Bank, or other Financial Institution that We are authorised to debit in accordance with Your instructions.

"SST" means Singapore Standard Time.

"Agency Principal" means Biller, any organisation or business which has agreed with BILLPAY LLC, Singapore to participate in BillPay™, so that Customers may arrange to pay its Bills through BillPay™.

"Authorised User" means, if the Customer is a business, a corporation, or other entity, the person nominated by the Customer as being authorised to make Bill payments on behalf of the Customer.

"Bill" means an account, invoice, statement or demand for payment (however described) of an Agency Principal and payable by a Customer which may be paid through the Service.

"Biller" means an organisation or business, which has agreed with BILLPAY LLC, Singapore t to participate in BillPay™ so that Customers may arrange to pay their bills through BillPay™.

"Business Day" means any day, Monday to Friday on which Banks in Singapore are able to effect settlement.

"Card" means a Credit Card, Debit Card, Scheme Debit Card or Charge Card as required in the circumstances.

"Charge Card" means a current and valid Card in Your name or which You are lawfully authorised by the Cardholder to use, and which is issued by any Financial Institution.

"Credit Card" means a current and valid Card in Your name or which You are lawfully authorised by the Cardholder to use, and which is issued by any Financial Institution.

"Credit Card Account" and "Charge Account" means an Account held by a Customer with a Nominated Financial Institution, whereby the institution advances funds to a Customer on terms and conditions agreed by them.

"Customer" means an individual, business, corporation or other entity, including an Authorised User, who uses the Service to make a Bill payment.

"Financial Institution" or "Credit Provider" means the provider of funds or financial accommodation to enable a Bill payment to be transacted through the Service.

"Nominated Financial Institution" means the Financial Institution or Credit Provider nominated by a Customer as the provider of funds or financial accommodation to enable a Bill payment to be transacted through the Service.

"Payment ID Number" means a transaction record generated by the Service which indicates that a Bill payment transaction has been accepted for processing.

"BillPay™ Operator" means a telephone operator at the designated Service Support Telephone extension.

"Scheme Debit Card" means a current and valid Card in Your name or which You are lawfully authorised by the Cardholder to use, and which is issued by any Financial Institution.

"Scheme Debit Card Account" means an Account held by a Customer with a Nominated Financial Institution, whereby the Customer’s funds are used via a Visa or MasterCard Debit Card or American Express or JCB or NETS or any other Card Issuer on terms and conditions agreed by them.

"Service" means the BillPay™ service on the internet.

"Service Support Telephone Number" means a designated telephone number to speak directly to a BillPay™ operator for Customer Support and enquiries.

"Terms and Conditions" means these Terms and Conditions.

"We", "Us", "Our", and "BillPay™" mean the BILLPAY LLC, Singapore, proprietor of the Service, its employees and agents.

"You" and "Your" means the Customer.

Your obligations and responsibilities

3.1 You agree that all information You provide to Us to use the Service is correct to the best of Your knowledge at the time You supply it.

3.2 You agree that it is Your responsibility, not Ours, to pay all Bills in a timely manner. It is Your responsibility to ensure that sufficient credit is available on Your nominated Account at all relevant times to enable payment of Bills.

3.3 Where a Bill payment is declined by Your Nominated Financial Institution for any reason Your Bill payment transaction will not result in payment of Your Bill and Your Bill will remain unpaid. You will be responsible for any additional fees and charges levied by either Your Nominated Financial Institution or the Agency Principal.

Your authority

4.1 You agree that We may debit Your nominated Card for the settlement of Bills as selected and authorised by You. You also warrant that You are entitled to use the Card for debit, and that We have been authorised by You to debit Your Card.

4.2 You agree that You:

(a) will supply Us, upon request, with all information We reasonably require in order to enable Us to provide the Terms of Service (Preliminary) BillPay™Alpha v1.1 Service to You; and

(b) authorise Us to obtain from and provide to Agency Principals and Your Nominated Financial Institution and other third parties such information as may reasonably be required for the purpose of providing the Service, including in the resolution of complaints. You authorise the exchange of such information with these persons.

Charges

BillPay™ general services are free for all Customers and You are not charged anything. You may, however, incur the following types of charges as a result of using BillPay™ on the Internet:

(a)from your telecommunication and Internet service providers (e.g.Internet connections and or phone calls);

(b)from your Nominated Financial Institution (e.g. service fees and government duties, taxes and fees);

(c)from your Biller at the time of making a payment or on your next bill for payment processing costs; If a charge is applied at the time of making your payment, you will be advised of this before the payment is processed and you will have the opportunity to cancel or change the payment before it is processed.

Fees applicable for all billing and payment services.

Using the service

6.1 You may pay Bills with BillPay™ on the Internet, using a Credit Card, Scheme Debit Card or Charge Card.

6.2The Service may be accessed by logging on to www.billpay.sg. We will use Our best efforts to provide access to the Service 24 hours each day, 7 days per week. Except as provided in clause 9, We will not be liable to You for interruptions to the Service.

6.3You must follow the instructions on how to access and use the Service as advised by Us from time to time.

Transaction processing

7.1 Payment transactions completed before 5pm SST on a Business Day will be processed on that Business Day. Transactions completed after 5pm SST on a Business Day, or completed on a day that is not a Business Day, will immediately be shown as a debit on Your account with payment to be completed to the Agency Principal on the next Business Day. Payment transactions completed in other countries will be processed according to SST, not local time. We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Our reasonable control, or otherwise. If You select a weekend or a Singapore public holiday as a payment date, Your payment will not be processed until the next Bank Business Day. If You select a local public holiday, which is a Bank Business Day, Your payment will be processed. If in doubt, please contact Your Nominated Financial Institution.

7.2 You will be provided with a Payment ID Number when a Bill payment is completed. Issue of a Payment ID Number does not deem payment of a Bill to have been finalised.

7.3 The use of the Service to transact a Bill payment and the processing of a transaction request by Us does not constitute final payment of a Bill. We will process payment to the Agency Principal promptly, but any arrangements with or action / inaction by Your Nominated Financial Institution which, for any reason, do not result in reimbursement to Us, will mean the Bill payment transaction is stopped or reversed.

7.4 We are not responsible for a Nominated Financial Institution delaying or denying a Bill payment.

7.5 Where a payment is declined by Your Nominated Financial Institution it will result in Your Bill remaining unpaid. In the event of a "declined" payment, You will be responsible for any additional fees and charges levied by either Your Financial Institution or Agency Principal.

7.6 We are entitled to refuse to process a Bill payment request at any time, or may require additional information from You, before We process the request.

7.7 Transaction Cancellation, Alteration, Dispute or Complaint: You are unable to cancel, alter or reverse transactions that You may have made, using this Service. If You believe a BillPay™ on the Internet transaction is incorrect, unauthorised or You wish to make a cancellation for any other reason, You must immediately contact BillPay™ in the first instance. Please contact BillPay™ in this instance by using the designated Service Support Telephone Number and speak to a BillPay™ operator or notifying Us in writing to an address provided by a BillPay™ operator.

If We are unable to settle Your complaint or request to cancel, alter or dispute a transaction, We will advise You in writing of the procedures for further investigation and resolution, and We may request further relevant details from You. Should BILLPAY LLC, Singapore not be able to resolve the dispute directly it may advise You to contact the issuer of the Card so as to utilise its dispute resolution process.

Privacy and security

8.1 The BillPay™ secure server software uses industry-standard Secure Socket Layer (SSL) encryption technology. SSL encodes your personal data, including credit card name and number, as it travels over the Internet so that all transactions are secure.

Not withstanding Our efforts to ensure that the Service is secure, You acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the Service, or electronic mail transmitted to and from You, will not be monitored or read by others.

8.2 We may issue instructions from time to time, intended to ensure the security of the Service. You agree to comply with those instructions.

8.3 BILLPAY LLC, Singapore will comply with provisions contained in the Singapore Companies Act (Chapter 50) in relation to the disclosure of personal information where it is required to do so. BILLPAY LLC, Singapore will also comply with any Privacy Law that may be active at the time and the BillPay™ Privacy Statement. BillPay™ will not share, rent, or sell your credit card information with third parties.

8.4 You acknowledge that Personal Information may be disclosed: (a) to enforce and apply these Terms; (b) to protect Our rights or the rights of others; (c) to effectively and efficiently provide the BillPay™ service to You; (d) as otherwise permitted or required by law.

8.5 You acknowledge that BILLPAY LLC, Singapore may change the BillPay™ Privacy Statement at any time in accordance with clause 10.

Warranties

9.1 To the extent permitted by law, We expressly disclaim all conditions and warranties, express or implied, in respect of the provision of the Service. If any condition or warranty is implied into these Terms and Conditions pursuant to any legislation, and the legislation avoids or prohibits provisions in a contract, excluding or modifying the application of, or exercise of, or any liability under such conditions or warranty, the conditions or warranty will be deemed to be included in these Terms and Conditions, provided that Our liability for breach shall, if the law so permits, be limited in Our sole discretion to(a)the re-supply of the Services, or(b)the cost of re-supply of the Services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.

9.2 We will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of Your use of the Service.

9.3 Without limiting Our rights in 9.1 and 9.2 above, We and Our employees, contractors and agents will not be liable for any failure to perform their and Our Obligations if such failure arises from such circumstances reasonably beyond their and Our control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.

9.4 We will not be responsible for delays or failures in accessing the Service, or processing of transactions, or transactions being declined, or by Your Nominated Financial Institution delaying or failing to implement any of Your instructions.

9.5 We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Our reasonable control, or otherwise.

Variation

We may vary or add to these Terms and Conditions at any time. You cannot vary these Terms and Conditions. If You are a Customer these Terms and Conditions are deemed to be implied into Your use of the Service. Your use of the Service after any changes to these Terms and Conditions will constitute acceptance that You are bound by the Terms and Conditions as amended. You may request a copy of these Terms and Conditions at any time using the designated Service Support Telephone Number.

Termination

11.1 These Terms and Conditions remain in effect until Your use of the Service is terminated by Us.

11.2 We may terminate or suspend the Service, or Your use of the Service, for any reason at any time. We will try to notify You in advance, but We are not obliged to do so.

11.3 Termination of the Service, or Your use of the Service, shall not relieve You of any responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination. After termination, You cannot make further use of the Service and You must make alternative payment arrangements for unpaid Bills.

General terms

12.1 Assignment: You are not permitted without Our prior written consent to assign or transfer any of Your rights, duties or obligations under these Terms. We may assign Our obligations under these Terms to any related or successor corporation to BILLPAY LLC, Singapore. We may also assign or subcontract certain of Our rights or responsibilities to independent contractors or other third parties at Our discretion.

12.2 Waiver: We shall not be deemed to have waived any of Our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by one of Our authorised officers. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

12.3 Governing law: These Terms and Conditions will be deemed to have been made and entered into in the Republic of Singapore, and will be governed and construed in accordance with the laws of the Republic of Singapore. The Courts of the Republic of Singapore will have non-exclusive jurisdiction to decide an issue which may arise in relation to these Terms and Conditions.

12.4 Entire agreement: These Terms and Conditions constitute the entire agreement and understanding between You and Us and supersede any and all prior communications, representations, agreements or understandings between You and Us with respect to the subject matter of these Terms and Conditions.