PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS ONLINE SERVICES AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF PAYFLEX SYSTEMS USA, INC. ("PAYFLEX") ONLINE SERVICES ("PAYFLEX ONLINE").
By accessing or using PayFlex‘s Online Services from any and all devices or applications (“PayFlex Online”), you're agreeing to this Online Services Agreement ("Agreement"). Each time you use PayFlex Online, you reaffirm your acceptance and agreement of the current terms and conditions. If you do not wish to be bound by this Agreement, you should discontinue using PayFlex Online. You cannot register or use PayFlex Online until you agree to the Agreement. If you do not agree to all of the terms and conditions, do not access or use PayFlex Online. PayFlex may revise and update the Agreement at any time. Your continued usage of PayFlex Online will mean you agree to those updates.
By registering to use PayFlex Online, you represent that you have reached the age of the majority where you live and you have the legal ability to agree to the Agreement and will only use PayFlex Online in accordance with the Agreement.
PayFlex is concerned about keeping transactions and information secure. We take steps to authenticate your identity. These steps help prevent fraud and help protect transactions. These steps may include asking you to answer questions in an interactive session. This helps us verify your information and identity.
By registering for and using PayFlex Online, you agree to "paperless document delivery." This will help decrease the paper you get by mail. You will simply get your PayFlex documents online. You can find them under Documents & Forms. This includes but is not limited to account notices and financial information. We may provide you with electronic notification for these documents. This Agreement confirms you agree to access and review them promptly. When you have a new document to view online, we’ll send an email to the address you provided. Your agreement to paperless document delivery will be in place unless you revoke it within your Account Settings online. You will find the paperless option in Account notifications. You can change it at any time. If you revoke your agreement to paperless document delivery, your right to use PayFlex Online will continue. You will receive general account information by first class U.S. mail to the mailing address you provided. Once you revoke your agreement to paperless document delivery you may still receive some standard account information by email. This standard information won’t require your prompt access and review. When we send an email to your email address, it constitutes delivery to you of the information or documents referred to in the email. This is true even if you do not actually access the information or documents online.
You agree to inform us if your email address changes and to provide us with your new email address.
To the extent allowed by law, you also agree that any notice or communication from us to you, including any disclosures or other information required to be delivered in writing under applicable law, may be delivered to you in electronic form at your email address as reflected in our then current records, and that such electronic communication shall be in lieu of written communication. This includes delivery of change-in-terms notices affecting your use of PayFlex Online. Delivery may be by electronic message or by posting online. We encourage you to print or save all communications and notices, whether you receive them by electronic message or on this website. A message posted to your account online will alert you when a new notice is available. Notices or disclosures required by federal law will remain available online for at least 90 calendar days. You may request a paper copy of electronic notices required by federal regulations within 60 calendar days of the date the notice(s) was made available to you. There is no fee for copies of notices that are required by federal law. If you request paper copies of other records that we are able to provide you, we may charge you a fee. You also agree that by submitting information online or by communicating with us online, the information or other communication is delivered to us as if it were in writing and with your signature.
The computer requirements to use PayFlex Online are as follows. Your personal computer, laptop, portable computer, mobile device and any related equipment, your Internet Service Provider web browser and any software and telecommunications services are referred to collectively as your “computer.” We are not responsible for the installation, maintenance, operation or costs of your computer. By registering for PayFlex Online, you confirm that your computer has the capability to receive electronic messages at the email address provided by you. It also confirms you can access and retrieve information in electronic form. And that you can either print or store those messages and information.
From time to time, we may require you to upgrade or install software on your computer. You agree to promptly load any such upgrades or software to your computer upon our notification to you of such upgrade or software. In order to ensure proper operation of PayFlex Online, you must have an Internet Service Provider (ISP) and a web browser that supports the level of encryption that we use. We may change or upgrade our encryption requirements from time to time. If you can't or don't want to upgrade, your consent and your right to use PayFlex Online will be terminated. We are not responsible for any computer virus, worm, Trojan Horse or other similar harmful component or computer code that may enter your computer in connection with the use of PayFlex Online or otherwise.
You are wholly responsible for all telephone, cable, satellite or other telecommunication charges that you may incur in connecting to or using PayFlex Online and for charges by any ISP for providing your computer with a connection to the Internet.
PayFlex reserves the right to perform maintenance on our equipment or system on a regular basis, which may result in interrupted service or errors in the use of PayFlex Online. It also may be necessary for us to change the scope of PayFlex Online from time to time. We reserve the right to block your access to PayFlex Online in order to maintain or restore security to our website and systems if we reasonably believe that your username and password have been or may be compromised or are otherwise being used or may be used by an unauthorized person(s). We will attempt to provide prior notice of such interruptions, changes or denials of access, but cannot guarantee that we will always do so.
PayFlex Online uses our proprietary software or proprietary software of our licensors. You may not disassemble, decompile, copy, modify, reverse engineer, sell or distribute any of the PayFlex Online software or information or allow anyone else to do so.
PayFlex Online gives you access to services and information from PayFlex that may be presented with a distinctive “look and feel.” These services, information and “look and feel” are also the property of PayFlex or its licensors and are subject to the restrictions above.
PayFlex Online is designed to help safeguard your online transactions from unauthorized use. We utilized a risk-based strategy in our security program. The program addresses multiple layers of security, to include, but not limited to background checks for all PayFlex employees, business continuity, encryption, physical security, network security, intrusion detection, boundary protection, access management, security auditing and third-party supplier controls.
Encryption is the process of making data unreadable or understandable by the use of an encryption key. The key is strictly controlled and only allowed to be used by those with a need to read encrypted data. The data can only be decrypted and read with the use of the proper encryption key. All restricted and confidential data, including Personal Identifiable Information and Personal Health Information, is encrypted. All Confidential and restricted data is transmitted encrypted. Passwords are encrypted when transmitted or stored using an approved encryption method.
You agree to: (a) maintain all equipment necessary for your access to and use of PayFlex Online (including but not limited to Internet access, computer equipment for accessing the Internet, mobile phones, mobile phone call plans with carriers, etc.); (b) maintain the security of your user identification, password and other confidential information relating to your PayFlex account on PayFlex Online; (c) update your personal information, including your mobile phone number and email address; and (d) not hold PayFlex responsible for any charges you may incur from your wireless or Internet carrier which results from the use of PayFlex Online. This includes unauthorized use prior to you notifying PayFlex of such unauthorized use and taking steps to prevent its further occurrence by changing your password.
PayFlex may amend, replace or delete any term or condition of this Agreement at any time upon 30 calendar days’ notice to you prior to the effective date of any such change. If you do not agree to the change, you must notify us prior to the effective date and terminate this Agreement and your use of PayFlex Online. Notwithstanding the forgoing, we may change any term or condition of this Agreement without prior notice to you if (i) an immediate change is necessary to maintain the security of PayFlex Online or (ii) a law or regulation requires that any change be implemented at an earlier time. When changes are made, we will update this Agreement accordingly.
You agree that neither PayFlex, nor its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or vendors shall have any liability to you under any theory of liability or indemnity in connection with your use of PayFlex Online. You hereby release and forever waive any and all claims you may have against PayFlex, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers and vendors for losses or damages you sustain in connection with your use of PayFlex Online.
All damages, direct or indirect, special, incidental, consequential or punitive arising from or related to any use of the information or other parts of PayFlex Online, are hereby excluded even if PayFlex, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or vendors have been advised of the possibility of such damages. This limitation is void where prohibited by law.
YOU AGREE YOUR USE OF PAYFLEX ONLINE IS AT YOUR OWN RISK. THE SITE, THE APPLICATION AND ALL RELATED CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYFLEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR THE APPLICATION, AND ALL RELATED CONTENT OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE OR THE APPLICATION. PAYFLEX DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR THE APPLICATION. PAYFLEX MAKES NO WARRANTY OR GUARANTEE THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PAYFLEX DOES NOT WARRANT OR GUARANTEE THE SITE OR THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PAYFLEX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BASED UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE OR THE APPLICATION.
You agree to indemnify and hold PayFlex, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers and vendors harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by PayFlex in connection with your violation of any third-party’s rights) arising from your use of PayFlex Online, your violation of the Agreement or your violation of any third party’s rights.
PayFlex Online may contain links to third-party websites. The links are provided solely as a convenience to you and not as an endorsement by PayFlex of the content on such third-party websites. PayFlex does not control or guarantee the accuracy or integrity of the content located on any such third-party websites. PayFlex is not responsible and assumes no liability for the information, content or software of such third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on any such third-party websites. If you decide to access third-party websites, you do so at your own risk.
You acknowledge and agree you are using PayFlex Online at your own risk and you are personally responsible for verifying it meets your needs. Only individuals authorized by PayFlex may access and use PayFlex Online. Your username may be restricted from accessing certain materials otherwise available online. Features may be added to or withdrawn from PayFlex Online from time to time without notice.
As used in this Agreement, “PayFlex Online” refers to online activities which take place at our Internet site or application we provide now or in the future.
You are responsible for all transactions you authorize while using PayFlex Online. If for any reason you permit other persons to use your username and password or other identifying information to access PayFlex Online or you otherwise fail to keep your identifying information confidential, you are responsible for any resulting transactions, except as otherwise provided by applicable law. We will not be liable for and will not reimburse you for any losses that may occur as a result of this use of your identifying information. You are responsible for keeping your identifying information confidential.
When you register to use PayFlex Online, you will create a username and password and set up security questions, which only you should know how to answer. Together, your username, password and security questions identify you and the accounts you are allowed to access. You will be asked to enter your username and password each time you use PayFlex Online. No one can access your account without providing the correct entries, so you should be sure to select information that cannot be easily guessed or figured out by others. To help safeguard your information, you should keep it confidential. You agree not to give or make your information available to another person. We are entitled to act on transaction instructions received using your username and password, and you agree that the use of your username and password will have the same legal effect as your signature in authorizing a transaction. If you forget your password, you must notify us, and we will reset your password so you can create a new password. We reserve the right to modify our account access process to safeguard your accounts. We will notify you of any changes to this process by email or by posting a message online. In the event of a known or suspected attempt to defeat our security controls, PayFlex may reset passwords without notice in order to reduce the risk of a data breach.
If you believe that your username, password or any identifying information has been lost or stolen, you must notify PayFlex promptly.
Co-browsing optional service: "Share My Screen"
PayFlex Online includes an optional service called "Share My Screen." This is a co-browsing feature that allows PayFlex customer service agents to help you navigate PayFlex Online. To use it, you will need to call PayFlex Customer Service and provide verbal consent and agreement to start the co-browsing session. Verbal consent must be given by you to a PayFlex customer service agent on a recorded line. During a co-browsing session, the agent will not be able to view data fields which may contain sensitive data.
PayFlex reserves the right to modify or terminate membership plans, change prices or institute charges for PayFlex Online at any time upon thirty (30) calendar days’ notice, as posted online.
The contents of PayFlex Online are protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names, including, but not limited to, “PayFlex,” “PayFlex Mobile Application Powered by PayFlex” and the PayFlex logo (the “Trademarks”) appearing on PayFlex Online are registered and unregistered Trademarks of PayFlex Systems USA, Inc. All other trademarks, logos, service marks, product names, and company names on PayFlex Online are the property of their respective owners. Under no circumstances will anything appearing on PayFlex Online be construed as granting, whether by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on PayFlex Online. Licenses to use Trademarks appearing on PayFlex Online may be obtained with PayFlex’s prior written consent, which PayFlex may withhold in its sole discretion. Misuse of Trademarks or any materials comprising PayFlex Online is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on PayFlex Online. Any copied or downloaded content (which may only occur with PayFlex’s written consent) must retain all trademark and service mark notices. PayFlex will strictly enforce its intellectual property rights under the trademark laws. The materials and PayFlex Online are the property of PayFlex or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by PayFlex to protect PayFlex’s contractual, statutory and common law rights in PayFlex Online and any PayFlex Online materials. Notwithstanding, copyright protection of individual elements appearing on PayFlex Online is protected by copyright law, as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on PayFlex Online. Permission to use the copyrighted content on PayFlex Online for commercial purposes must be obtained through the prior written consent of PayFlex. PayFlex may withhold its consent for use of the copyrighted content in its sole discretion. PayFlex will strictly enforce its intellectual property rights under the copyright laws. PayFlex permits you to make a single copy of the content appearing on PayFlex Online solely for the purpose of obtaining information about its products and services, provided that you are not authorized to display, distribute, download, modify, print, store, transmit, or use any materials or content appearing on PayFlex Online.
If any disputes arise between us regarding your use of PayFlex Online, such disputes shall be resolved according to the laws of the State of Nebraska. The federal and state courts of Nebraska shall have exclusive jurisdiction over all such claims.
PayFlex does not accept unsolicited ideas, text, graphics, proposals or other information from the general public. PayFlex shall be under no obligation to treat any unsolicited submissions it receives as confidential. PayFlex shall not incur any liability or incur any obligation to provide compensation as a result of any unsolicited ideas, text, graphics, proposals or other information it receives.
PayFlex may deliver notice to you under the Agreement by means of email, a general notice on PayFlex Online or any affiliated PayFlex-owned website, or by written communication delivered by first class U.S. mail to your address on record. Notice given by PayFlex pursuant to any such method shall be binding and effective on you for all purposes.
If there is a conflict between the Agreement and the service agreement, the terms of the service agreement will prevail.
This material is for informational and educational purposes only. It does not contain legal or tax advice. You should contact your legal counsel or your tax advisor if you have any questions or if you need additional information. Information is believed to be accurate as of the production date; however, it is subject to change. PayFlex cannot and shall not provide any payment or service in violation of any United States (U.S.) economic or trade sanctions. For more information about PayFlex, go to payflex.com.