"Agreement" means these Terms and Conditions of the Bill payment service
“Authorized User” is any individual(s) which You allow to use the Bill Payment Service, or your password or other means to access your Payment Account.
“Bill” is a statement of monies due and owing received by You from a Client Company or Company.
“Bill Payment” is a payment that is initiated by You through the Bill Payment Service to a Client Company or a Company
“Bill Payment Service” means the service offered by PayKN
"Business Day" is every Monday through Friday between the hours of 9.00 a.m to 4.00 p.m, excluding National holidays.
“Client Company” is an entity that has registered with PayKN to which you wish a bill payment to be directed
“Company” is an entity which has not registered with PayKN to which you wish a bill payment to be directed.
"Due Date" is the date reflected on your Bill for which the payment is due and owing. It is not the late date or grace period.
"Payment Account" is the credit card account, ATM/ debit card account from which payments and service fees will be automatically debited.
"Payment Instruction" is the information provided by You to the Bill Payment Service for a bill payment to be made to the Client Company or Company (such as, but not limited to, Client Company’s or Company’s name, Client Company’s or Company’s account number, and Scheduled Payment Date).
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Client Company/Company or financial institutions, there may be delays in the crediting of some transactions to your account. The Service shall not be responsible for any such delay, but will bear responsibility only for the transmission of transaction information to the respective Client Company/ Company who then has the sole responsibility for crediting your account.
BILL PAYMENT PROCESSING
Bill Payments initiated on or before 4.00 p.m on a business day will be scheduled and processed on the same business day. Payments initiated after 4.00 p.m on a business day or on a non business day (weekends and National Holidays) will be scheduled and processed the following business day.
PAYMENT AUTHORIZATION AND REMITTANCE OF FUNDS
By providing the Bill Payment Service with account information of the Client Company or Company to which you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Client Company and Company directives. For Bill Payments only, if you choose to utilize a Payment Account that is a credit card account, you understand and acknowledge that the Bill Payment Service does not perform any identity verification on such credit card accounts. When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf. You certify that any Payment Account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Bill Payment Service will debit/charge a Payment Account that you are legally authorized to use. You also authorize the Bill Payment Service to credit your Payment Account for payments returned to the Bill Payment Service by the Client Company or Company or payments remitted to you on behalf of another user of the Bill Payment Service. The Bill Payment Service will make all efforts to process your bill payment (subject to cut off time) on the same business day. However, the Service shall incur no liability and any Service Guarantee shall be void if the Bill Payment Service is unable to complete any payments initiated by You because of the existence of any one or more of the following circumstances: 1. If, through no fault of the Bill Payment Service, your Payment Account does not contain sufficient funds to complete the transaction; 2. The payment processing center is under repair and you know or have been advised by the Bill Payment Service in this regard before You execute the transaction; 3. You have not provided the Bill Payment Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Client Company or Company; and/or, 4. Circumstances beyond control of the Bill Payment Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Payment Service has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes 1. an incorrect amount of funds to be removed from your Payment Account; 2. late bill payment; or 3. funds from your Payment Account to be directed to a Client Company or Company which does not comply with your Payment Instructions the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Client Company or Company any previously misdirected transactions, and, if applicable, for any late payment related charges.
FAILED OR RETURNED TRANSACTIONS
In using the Bill Payment Service, You are requesting the Bill Payment Service to make payments for You from your Payment Account. If the Bill Payment Service is unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, You will receive a return notice from the Bill Payment Service. In such case, You agree that: 1. You will reimburse the Bill Payment Service immediately upon demand the transaction amount that has been returned to the Bill Payment Service; 2. You will reimburse the Bill Payment Service for any fees imposed by your financial institution as a result of the return; 3. You will reimburse the Bill Payment Service for any fees it incurs in attempting to collect the amount of the return from you; and, 4. The Bill Payment Service is authorized to report the facts concerning the return to any credit reporting agency. 5. You will pay the applicable Chargeback Fee
The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to the Client Company or Company. These payment methods may, but may not be limited to an electronic payment, a cheque payment, or a bank draft payment.
PAYMENT CANCELLATION REQUESTS
Once the Bill Payment Service has begun processing any Bill Payment, The Bill Payment cannot be cancelled or edited, therefore a stop payment request must be submitted. STOP
The Bill Payment Service cannot assist with a stop payment request for any Bill Payment scheduled using a Payment Account that is a credit card account; in such case, you must contact your credit card company directly. The following applies only to Bill Payments scheduled using a Payment Account that is a personal account or chequeing account: The Bill Payment Service's ability to process a stop payment request will depend on the Bill Payment method and whether or not a Bill Payment has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact customer service. Although the Bill Payment Service will make every effort to accommodate your request, the Bill Payment Service will have no liability for failing to do so. The Bill Payment Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service.
Payments to Companies outside of the Federation of Saint Christopher and Nevis are prohibited through the Bill Payment Service.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit Authorized Users or other persons to use the Bill Payment Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Bill Payment Service without your consent or has transferred money without your permission, you must notify the Bill Payment Service at once by either using the e-messaging feature on the contact us page, by sending an email to firstname.lastname@example.org or by calling (869) 466-7114 during business hours.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following: 1. Email us at email@example.com. 2. Write us at PayKN P.O. Box 1935, Basseterre, St. Kitts. 3. Telephone us at Telephone No. (869) 466-7114 during business hours, toll free (866) 405-3963. 4. Fax us at (869) 465-9762. If you think your financial institution statement is incorrect or you need more information about a Bill Payment Service transaction listed on the statement, we must hear from you no later than ninety (90) days after the FIRST statement was sent to you on which the problem or error appears. You must: 1. Tell us your name and Service account number; 2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and, 3. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Bill Payment Service may revoke any provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES PAYKN
may use standard Web tracking software to collect non-identifying information about visitors to its website such as: Date and time website was accessed. City, State and Country from which access was made. Web browser used. IP address (A numeric address given to servers connected to the internet). PAYKN may use this information to create summary statistics and to determine the level of interest in its website. Some areas of the web site may use a “cookie” temporarily stored in the visitor’s computer memory (RAM) to allow the web server to log the pages you use within the site and to know if you have visited the site before. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations: Where it is necessary for completing transactions that you have requested; Where it is necessary for activating additional services; Where it is necessary in order to request that a Payee sends you your bill electronically; In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee; To a consumer reporting agency for research purposes only; In order to comply with a governmental agency or court orders; or, If you give us your written permission.
PAYKN charges a standard fee per bill payment. Please see our Fee Policy for more details.
Please note that depending on the services requested through our website you may incur charges, including but not limited to: a. Any fees associated with your financial institution or Credit Card provider b. Any Internet service provider fees. c. Any telephone service provider fees
ALTERATIONS AND AMENDMENTS
This Agreement, and the applicable fees and service charges may be altered or amended by the Service from time to time without notice. In such event, the Service shall not be obliged to inform users but shall ensure that the new terms and conditions are posted on the site. Any use of the Service after the Service posts new terms and conditions will be deemed to constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made online only. All changes made are effective immediately for future payments paid from the updated information. You hereby agree that the Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate information in your contact information, Payment Instructions or otherwise.
SERVICE TERMINATION, CANCELLATION OR SUSPENSION
The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement up to the date of termination or suspension.
CLIENT COMPANY/COMPANY LIMITATION
The Service reserves the right to refuse to pay any Client Company/Company to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Client Company/Company designated by you.
In using the Service, you understand and agree that Client Companies/Companies may return payments to the Service for various reasons such as, but not limited to, (a) Client Company/Company account number not valid; (b) Client Company/Company is unable to locate account; or (c) Client Company/Company account paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your credit card.
Your use of the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized credit bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Client Company/Company or your financial institution (for example, to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service hereby agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee or other representative of the Service says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement freely. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Saint Christopher and Nevis, without regard to its conflicts of laws provisions, and you hereby agree that the Courts of St. Christopher and Nevis shall have jurisdiction to hear and determine any matter arising hereunder and expressly waive any claim of inconvenient forum.
Copyright in the images, text, screens, and web pages appearing at this website is owned by PAYKN or others as indicated. Users may copy information from the web site for their own personal or educational use only, provided that each copy includes any copyright, trademark, or service mark notice as they appear on the pages copied. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of PAYKN.
LINKS TO OTHER WEBSITES
PAYKN may establish links between this website and other websites operated by non affiliated third parties. PAYKN has no control over any other such websites or the contents therein and the existence of any such link shall not constitute and endorsement by PAYKN. All user access to any of these hyperlinks are at the user’s own risk and the content, accuracy, opinions expressed, and other links provided are not investigated, verified, monitored, or endorsed by PAYKN. THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.