|> Terms & Conditions
In order to use Small Business Association of America(SBA) Service with SBA automatic or monthly online payment option, or other services incorporated by SBA into its' Service, you are required to complete the enrollment process by providing us with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen.
By completing the enrollment form, and clicking the "I Agree" button, you agree to the following terms and conditions.
SBA Terms and Conditions
1. DEFINITIONS. As used in these Terms and Conditions (the "Agreement"), the following terms shall have the following meanings: "Business Day": means Monday through Friday, excluding Federal Reserve holidays and SBA holidays. "Customer Service Hours": means 24 hours a day, 7 days a week. "Cutoff Time": means 5:00 p.m. Central Standard Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day. "Payment": means the information provided by you to the Service for one or more bill payments to be made to SBA. "Payment Account": means your checking, savings or credit card accounts from which your bill payments will be made. "Payment Instructions": means the banking instructions you enter with respect to the Payment. "Payment Send Date": means the Business Day(s) of your choice upon which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non- Business Day will be considered to be the previous Business Day). "Service" or " Service": means the online Bill Payment Service offered by SBA. "Service Provider": means any third party providing the Service on behalf of SBA. "SBA": means Small Business Association.
2. BILL PAYMENT SERVICE. When initiating a Payment, you authorize SBA to remit funds on your behalf from your Payment Account in accordance with your Payment Instructions. A particular bill payment is "Pending" starting from the time you enter a Payment until the payment is "Processing". A particular bill payment is "Processing" starting at the Cut-off Time of the date selected by you as the "Payment Send Date" until confirmation is received by the Service that the payment was successful.
A particular bill payment is considered "Paid" after the Service receives a remittance file from the payment processor indicating a successful payment. You may cancel or edit any Pending Payment by following the directions within the Service. There is no charge for canceling or editing a Pending Payment. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. In any other event, including, but not limited to, choosing a Payment Send Date less than three(3) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. SBA will provide up to twelve (12) months of account history through the Service. You may request account history beyond six (6) months in writing or by contacting a SBA office. SBA will use its best efforts to make all your payments properly. If SBA does not complete a transfer to or from your Payment Account on time or in the correct amount according to SBA's agreement with you, SBA will be liable for your losses or damages. However, there are some exceptions. SBA will not be liable, for instance:
(1) If, through no fault of SBA, you do not have enough money in your Payment Account to make the transfer; or
(2) If the transfer would go over the credit limit on your overdraft line, or your Payment Account does not otherwise permit the transaction to be executed;
(3) The Service is not working properly and you know or have been advised by the Service about the breakdown before you started the transfer;
(4) You have not provided the Service with the correct SBA account information to process your payment accurately; or,
(5) If circumstances beyond the control of SBA or the Service Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the transfer and SBA and the Service have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing five (5) exceptions are applicable, if the Service Provider causes an incorrect amount of funds to be removed from your Payment Account, the Service Provider shall be responsible for returning the improperly transferred funds to your Payment Account. THE FOREGOING SHALL CONSTITUTE SBA'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL SBA OR THE SERVICE PROVIDER 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 YOUR USE OF THE SERVICE. As a condition of your use of the Service, you will not use the Service for any purpose that is not authorized by these Terms and Conditions. You may not interfere with any other party's use of the Service. You may not attempt to gain unauthorized access to the Service through any means. We will provide up to twelve months of account history on this Service. You may request account history for periods beyond twelve months in writing or by visiting one of our offices.
3. EXCLUSIONS OF WARRANTIES. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. PASSWORD AND SECURITY. In order to use the Service, you are required to complete the enrollment process by providing SBA with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen. Your user ID will be your Customer Account Number ID supplied by SBA as part of the provisioning process. Your initial password will be automatically generated by SBA or the Service Provider once you have completed the enrollment process. You may choose a different password the next time you log onto the Service. You will use your user ID and password to access your account. You agree not to give or make available your password or other means to any unauthorized individuals to access the Service. Except as provided herein, you are responsible for all bill payments made through the Service using your password. Except as provided herein, you are entirely responsible for any and all activities that occur through one's use of your password with the Service. You could be held liable for losses incurred by SBA or another party due to someone else's use of your password or account with the Service. Except as provided herein, SBA will not be responsible for any loss you may incur as a result of someone else's misuse of your password, banking information, credit card information or account through the Service either with or without your permission. Tell us AT ONCE if you believe that your password or other means to access your Payment Account through the Service has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Payment Account (plus your maximum overdraft line of credit). If you tell SBA within two (2) Business Days after you learn of the loss or theft of your password or Payment Account information, you can lose no more $50 than if someone used your Payment Account in connection with the Service without your permission. If you believe your password or Payment Account information has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password or Payment Account information without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password or Payment Account information, and SBA can prove that SBA could have stopped someone from using your password or Payment Account information in connection with the Service if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell SBA at once. If you do not tell SBA within ninety (90) days after the statement was mailed to you, you may not get back any money you lost after the ninety (90) days if SBA can prove that it could have stopped someone from taking the money if you had told SBA in time. If a good reason (such as a long trip or a hospital stay) kept you from telling SBA, SBA will extend the time periods. If you believe your password or Payment Account information has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: 1-800-992-8044. Or, write us at The Small Business Association of America, 16476 Wild Horse Creek Road, Chesterfield, MO 63017.
5. ERRORS AND QUESTIONS. In Case of Errors or Questions About Your Electronic Transfers, Telephone SBA at: 1-800-992-8044. Or, write us at The Small Business Association of America, 16476 Wild Horse Creek Road, Chesterfield, MO 63017 as soon as you can, if you think that your statement is wrong or if you need more information about a transfer listed on the statement. SBA must hear from you no later than ninety (90) days after you received the FIRST statement on which the problem or error appeared. You must: Tell SBA your name and account number; Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, Tell SBA the dollar amount of the suspected error. If you tell SBA orally, SBA may require that you send your complaint in writing within ten (10) Business Days after your verbal notification to the following address: Customer Service Manager, SBA, The Small Business Association of America, 16476 Wild Horse Creek Road, Chesterfield, MO 63017. SBA will determine whether an error occurred within ten (10) Business Days after we hear from you, and will correct any error promptly. If SBA needs more time, however, SBA may take up to forty five (45) days to investigate your complaint or question. If SBA decides to do this, SBA will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes SBA to complete our investigation. If SBA asks you to put your complaint or question in writing and SBA does not receive it within 10 business days, SBA may not credit your account. For errors involving new accounts, SBA may take up to 90 days to investigate your complaint or question. For new accounts, SBA may take up to 20 business days to credit your account for the amount you think is in error. SBA will tell you the results within three business days after completing our investigation. If SBA decides there was no error, SBA will contact you with a written explanation. You may ask for copies of the documents that SBA used in its investigation.
7. CHARGES. There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
8. IN THE EVENT A SERVICE TRANSACTION IS RETURNED. In using the Service, you are requesting the Service to make payments for you from through your Payment Account. If SBA is unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from SBA. In such case, you agree that: You will reimburse SBA immediately upon demand, the transaction amount that has been returned to SBA. You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges. SBA is authorized to report the facts concerning the return to a credit-reporting agency.
9. ALTERATIONS AND AMENDMENTS. SBA reserves the right to change these Terms and Conditions from time to time, including without limitation, with respect to applicable fees and service charges. Further, SBA and/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions.
10. ADDRESS OR BANKING CHANGES. You are responsible for keeping your correct and current email address information in your customer profile. You agree to promptly notify SBA at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done through the Service or as we may otherwise require. Each time any change is made by you to your enrollment information, you shall notify SBA. If your email is returned to SBA as "undeliverable", this will be considered an unsuccessful notification. Two additional attempts will be made before further attempts at notification are abandoned.
11. TERMINATION OR DISCONTINUATION. In the event you wish to discontinue the Service, you can do so by ceasing to use the Service. SBA may terminate this Service at any time and/or revoke your right to use this service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under these Terms and Conditions. Termination of the Service terminates your electronic billing and payment services but does not cancel your hosting, colocation and/or other subscription services from SBA. If you cease to use the Service and request a paper bill, if you are not then getting monthly paper bill statements, SBA will mail you a paper bill, which will be payable by mail or by visiting one of our payment offices. If you wish to terminate your hosting, collocation and/or other subscription services from SBA you will need to call SBA at 1-800-992-8044 to make the necessary arrangements. See http://www.SBAamerica.org for office locations and hours.
12. INFORMATION AUTHORIZATION. Your enrollment in 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 bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems.
13. DISPUTES. In the event of a dispute regarding the Service, you and SBA agree to resolve the dispute by looking to these Terms and Conditions. You agree that these Terms and Conditions constitute the complete and exclusive statement of the agreement between you and SBA regarding the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and SBA relating to the subject matter of these Terms and Conditions, namely, the Service. If there is a conflict between what an employee of the Service Provider or SBA's Customer Service Department says and the terms of these Terms and Conditions, the terms of these Terms and Conditions will prevail.
14. INTELLECTUAL PROPERTY. You may not use any trademark or service mark appearing on the Service without prior written consent from the owner of the mark. SBA subscribers and account holders may not upload, post, transmit or otherwise make available any material protected by copyright in a manner that infringes that copyright. In accord with the Digital Millennium Copyright Act, it is the policy of SBA to terminate, in appropriate circumstances, the services of any subscriber or account holder who has infringed repeatedly. However, SBA expressly reserves the right to terminate or suspend the service of any subscriber or account holder even for a single act of infringement. These policies do not affect any other rights SBA may have under law or contract.
15. GOVERNING LAW. SBA's rules and regulations (including without limitation, any such rules and regulations incorporated or referenced in any product or service agreement between you and SBA), the rules and regulations of any applicable funds transfer system such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations. YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE. CONSENT TO ELECTRONIC DISCLOSURES AND DOCUMENTS UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT
1. You have indicated that you would like to enroll in SBA's Service.
2. If you choose to complete your enrollment in SBA's Service, then you consent to receive the following categories of records in electronic form only: all notifications, disclosures, documents and other information that SBA is required by any law, rule or regulation of any federal, state or local governmental authority to provide or make available to you in writing relating to the payment of your SBA bill ("Required Legal Documents"). This includes, but is not limited to, copies of any required disclosures, authorizations or notices to or from SBA relating to the payment of your SBA bills via electronic fund transfers.
3. Your consent to receive the Required Legal Documents in electronic form only will apply for as long as you are a subscriber of SBA unless you properly revoke such consent. You can revoke your consent to receive the Required Legal Documents in electronic form only, at any time and at no cost to you, by ceasing to initiate payments through the Service.
4. If you wish to obtain a paper copy of any Required Legal Document provided to you electronically, you may do so at no cost to you by contacting your local SBA office at 1-800-992-8044.
5. Any withdrawal of your consent to receive Required Legal Documents electronically will not affect the legal validity or effectiveness of any Required Legal Document delivered to you prior to the effective date of the withdrawal of your consent and will not cancel any recurring payment authorization you have previously given to SBA.
6. In order to ensure that we are able to contact you electronically, you must update us with any change in your e-mail address. To update the e-mail address on your account, please visit our web site at: https://billing.sbaamerica.com After you enter your Login ID and password, select the Update Customer Information option. Then, input and submit your new e-mail address. You agree that SBA or the Service Provider may e-mail notifications to you that your electronic bill is available for viewing as well as other communications, and you confirm that you are able to receive and open e-mails. Further, you agree not to take any action to reject or block e-mails from SBA or the Service Provider.
7. To access the Required Legal Documents electronically, your computer will need to have a web browser that meets the following requirements:
Netscape Navigator 6.x or higher; or
Internet Explorer 5.5 or higher
To retain the Required Legal Documents provided to you electronically, you will also need to have a working printer properly connected to your computer system.
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