This Agreement applies to your use of the PayForIt payment service and any related products and services (collectively the "Service"). This Agreement affects your rights and should be read carefully.
This User Agreement ("Agreement") with PayForIt ("PayForIt" or "we") applies to use of the PayForIt service by both telephone and internet ("Service"). In this Agreement, "you" or "your" means any person or entity using the Service. To facilitate payments, it is necessary for PayForIt to share certain information with third party providers to process payments; however, this information will not be sold or shared with parties who are not involved with the processing of your payment or as required by law. Please review the Privacy Statement for additional details.
By using the Service, you agree to the terms and conditions of this Agreement.
1. USE OF SERVICE.
(a) Use of the Service is granted to legally authorized parents, guardians, account holders, and their designees ("Authorized Users") to access information and make payments using this Service.
(b) Authorized Users may use the Service to view account information and make payments as allowed by this Agreement.
(c) Authorized Users may be able to use the Service to authorize PayForIt, their designees, and the student's school to share information in connection with operation of the Service.
2. PAYMENTS TO SCHOOLS.
(a) Depending on the methods approved by your student's school district, you may make payments by using either a credit card or U.S. bank account. The student's school receives the proceeds of all payments less any convenience fees associated with the transaction. Use of payments at your student's school is governed exclusively by your agreement or arrangement with the school, and we are not responsible for the school's handling of Payments after the school receives the funds.
(b) Payments will be processed promptly for your student's use. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received by the school. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. mail service. If you have any questions regarding Payments, please contact the PayForIt Support Center.
3. FEES AND CHARGES
(a) PayForIt is a service that is provided by PayForIt and its affiliates. Neither the school district, the school, the school nutrition department, nor any individuals employed by the school district profit from this Service.
(b) You may be required to pay a fee for your use of this Service. If you are required to pay a fee, you will be notified prior to finalizing your payment. You will be notified of the exact amount of the fee prior to making your payment, and you will be allowed to cancel your transaction at no charge, the fee's will range from 3%-6% of your total transaction.
(c) Returned/ Uncollectible Check Payments. PayForIt and/or the school district reserve the right to take certain actions in the event that a check payment cannot be collected for any reason, including, but not limited to, "NSF" or invalid account information. These actions include, but are not limited to, charging a return check fee, deducting the uncollected amount from the student's account(s), deducting the return check fee from the student's account(s), and/or taking any other actions allowed by law and/or school district policy. The returned check fee may be the maximum amount allowed by law or as defined by school district policy. We also reserve the right not to accept check payments for the student in the future.
If you or the student are not satisfied with any good or service purchased with a Payment, you agree to resolve the issue with the student's school. The methods for refunds are determined solely by the school and/or school district, and you agree to not seek refunds from PayForIt or PayForIt. If you would like a refund of any Payment amount that has not been used by your child to purchase goods or services, you must contact the student's school directly. All refunds are the responsibility of the school district.
The PayForIt Service may be accessed by the Internet. It is your responsibility to meet these requirements. Use by the Internet. Use of the Service by the Internet (a) requires access to the Internet, (b) requires Microsoft Internet Explorer 5.5 or later, (c) and may require other associated hardware and/or software. These requirements are the sole responsibility of the end user.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) The service is provided on an "as is" and "as available" basis. PayForIt makes no warranty and disclaims liability that the service will be uninterrupted, error free or free from viruses or other defects or harmful components, nor does PayForIt make any warranty as to the results that may be obtained from use of, or as to the accuracy, reliability or content of any information or service provided through the facilities. PayForIt makes no warranties of any kind, either express or implied, including, but not limited to, warranties of title, noninfringement, merchantability or fitness for a particular purpose.
(b) This disclaimer of liability applies to any claims, losses, actions, damages or injury resulting from any failure of performance of the facilities, error, omission, inaccuracy, interruption, defect, untimeliness or unauthenticity of any information, delay or interruption in operation or transmission, interception of traffic sent or received, communication line failure, security breach, eavesdropping, theft or destruction or unauthorized access to, alteration of, or use of information, or the use of the facilities.
(c) In no event will PayForIt, its designees, employees, agents, or affiliates be liable for any punitive damages, or any indirect, incidental, special, consequential or similar damages arising out of the use of or inability to use the facilities.
PayForIt may collect information about you and your use of the Service. Use and disclosure of such information is governed by the Privacy Statement, which is posted on the PayForIt website. A copy of this statement may also be obtained from the PayForIt Support Center. By using the PayForIt Service, you agree to the terms of our Privacy Statement.
You may terminate this Agreement at any time by providing written notice to the PayForIt Support Center. PayForIt may immediately terminate this Agreement without notice, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Sections 6, 7, 8, 10 and 11(C) will survive termination of this Agreement.
PayForIt, the PayForIt logo, the PayForIt slogan, all sounds, and all related logos, products and services described in the Website are trademarks or registered trademarks of PayForIt.
The PayForIt website and PayForIt are the property of QSP, LLC and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are the property of their respective owner. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
You agree to defend, indemnify and hold PayForIt and QSP LLC and their affiliates, and any respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you or the student with respect to the Service, a Payment or the student's school.
11. MISCELLANEOUS TERMS
(a) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the Website or provided to you through the PayForIt Support Center constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Change in Terms. PayForIt reserves the right at any time to change, add to or delete any aspect or feature of the Service and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use, except where obligated by an existing agreement with a school and/or school district. We will provide notice of any such changes by posting notice to the Website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.
(c) Applicable Laws. This Agreement is governed by the laws of the State of Virginia without regard to its conflict of laws provisions.
(d) Waiver. Any waiver of our rights must be in writing and signed by a duly authorized officer of PayForIt. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.