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NYCSERV ePayment Center | Terms and Conditions |
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THANK YOU FOR VISITING THE CITY OF NEW YORK ELECTRONIC PAYMENT SERVICE WEBSITE. THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THIS ELECTRONIC PAYMENT SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
General InformationThe City of New York has contracted to use the services of the ClearTran Inc. ("ClearTran") and the Official Payments Corporation (Official Payments) to bring you this electronic payment service. This Web site is available 24 hours a day, 7 days a week. The site allows you to pay various City of New York charges originating from multiple City agencies. Please note that not all charges are payable by all forms of payment. This site identifies payment options for each charge. To read ClearTran's policies and to receive other information about ClearTran, please go to their web site at www.cleartran.com. To read Official Payments' policies and to receive other information about Official Payments, please go to their web site at www.officialpayments.com. For comments, suggestions or corrections regarding City of New York Terms and Conditions or any information contained on this web site please submit your question (links to http://www1.nyc.gov/site/finance/about/contact-by-email/contact-webmaster.page) to our Webmaster
These Terms and Conditions govern your use of this website. By using the website, you are consenting to these Terms and Conditions. If you access this electronic payment service website from any non-U.S. territory, please note you do so at your own risk and are responsible for compliance with any local laws. Individuals, organizations and businesses are free to use our website for any lawful, worthy and ethical purpose, except as limited by these Terms and Conditions. Users with "robots," "spiders," or other automated programs may visit our website, but are prohibited from resending or redirecting information without our written permission.
DefinitionsIn this Agreement, "you" and "your" refer to the user of the website. If such user is an authorized agent of a disclosed principal in whose name the Account has been established, then "you" and "your" refer to such principal. The words "we," "our" and "us" refer to The City of New York (the "City"). "ClearTran" refers to ClearTran, Inc. "Official Payments" refers to the Official Payments Corporation. "Account" refers to the bank account or the credit card or debit card account you designate as the payment account for the Electronic Payment Service (as described below). "Financial Institution" refers to the bank or card issuer, which holds or issues your Account. "Agreement" refers to the terms and conditions stated below, or as amended by us from time to time. "Business Days" means Monday through Friday, except for holidays.
DISCLAIMERSClearTran, Official Payments and we disclaim, for our vendors and ourselves all warranties, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. In no event shall either we or ClearTran or Official Payments or any of our vendors be liable for (a) errors caused by you, including but not limited to incorrect or incomplete Account information, or (b) to the fullest extent permitted by applicable law, any and all damages, including indirect, special, incidental or consequential damages including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy, arising out of or in any way related to your use of, or inability to use, this website or the Electronic Payment Service. These Terms and Conditions do not create any contractual relationship of any kind among any of our or ClearTran's or Official Payments' vendors and you. Accordingly, in no event will any of our or ClearTran's or Official Payments' vendors be liable to you under any circumstances with respect to your use of, or inability to use, this Web Site or the Electronic Payment Service. In addition, in no event will either we or ClearTran or Official Payments be liable for any act or omission of any third party, including but not limited to your Financial Institution, any payment system, or any provider of telecommunications services, Internet access or computer equipment or software, or for any circumstances beyond our, ClearTran's, or Official Payments', or their control including, but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services. Neither ClearTran nor Official Payments nor we are liable for delays caused by the mail or any payment or clearinghouse system.
Privacy of InformationBy agreeing to these terms and conditions, you acknowledge that ClearTran, Official Payment and the Department of Finance will receive certain personal information when you use the Electronic Payment Service, and that you are voluntarily providing this information to ClearTran, Official Payments and us. Neither ClearTran nor Official Payments nor the Department of Finance will rent, sell or otherwise make available to any third party any information that identifies you or payments you make through the Electronic Payment Service, other than to provide the Payment Service or comply with applicable law, rule or regulation. Please click here to review the City Of New York Privacy Policy.
SecurityTo process your payment securely, ClearTran and Official Payments use Secure Sockets Layer (SSL), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that account numbers and personal data you provide by using this website are not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. Although we work hard to keep this website secure, transferring information over the Internet cannot be guaranteed to be 100% secure.
Credit/Debit Card and Electronic Check Payment ServiceThe Credit Card and Debit Card Service is an Internet-based service that allows you to make payments to the City via the World Wide Web. In activating this service you authorize the City or its authorized agent to debit or charge your account which allows your payment to be forwarded to us, based on the payment instructions you provide on the website, subject to these Terms and Conditions. You agree to use the Payment Service only for bona fide and lawful purposes.
The Electronic Payment Service is also an Internet-based service that is provided to you by ClearTran on our behalf, which allows you to make payments to us. You authorize the City and ClearTran to debit or charge your account and forward your payment to us, based on the payment instructions you provide on the website, subject to these Terms and Conditions. You agree to use the Payment Service only for bona fide and lawful purposes.
Using the Electronic Check Payment Service.In order to use this Payment Service, you must complete all requested information. If you are concerned about your privacy, then please see our Privacy Policy. You must designate an Account at a Financial Institution, which will be debited in order to forward the payment to us. You must be a person in whose name such Account has been established or a person authorized to use or draw against such Account. If you are a person authorized to use or draw against such Account, then you must insert in the "Memo" field the name of the person or legal entity in whose name the Account has been established. You authorize The City of New York or its authorized agent to initiate debit entries to (i.e., charges against) your Account in the amounts you specify and to initiate any debit or credit entries or reversals, as the case may be, to your Account as may be necessary to correct any error in a payment or transfer. Your Account will show separate transactions for the payment to us. Once you complete a transaction on the electronic payment service web site, your authorization to debit or charge your Account shall remain in full force and effect until the transaction is final, including any reversals from your Financial Institution or other clearinghouse member, as the case may be, which may occur in the future. In order for you to make the payment, we will electronically transfer your funds to us from the Account you designate. Electronic transfers to us generally will be made within two Business Days from the Business Day on which you authorize the transaction on our Web site. If you authorize such transaction on a day other than a Business Day, or after 11 P.M. Eastern Time on a Business Day, your transaction will be deemed authorized on the next upcoming Business Day.
In Case of Errors or Questions about the Payment Service.Questions about payments made through the Payment Service can be directed to us by sending an e-mail to finance@nyc.gov. You agree to email us as soon as possible, but no longer than five days after you knew or should have known about any error by you, if you believe an error has been made, or there has been any unauthorized use of your Account or the Payment Service. Of course, this is not intended to prevent you from contacting us after five days, but taking longer than five days may prevent us from being able to take corrective action in some cases. When you contact us, please be prepared to provide your name and receipt number.
Limits on UseYou must be of legal age to use the Payment Service on our website. Payment must be made in U.S. dollars. You agree not to use the Payment Service in an amount that will exceed the funds or available credit line in your Account. If you do, we have no obligation to complete the transaction and you agree that we may debit your Account for our returned item fee or other similar fee. Other limitations on the Payment Service may apply and can be found on the website. Your use of your Account may be limited by your agreement with your Financial Institution and by applicable law. We are not responsible for not completing a transaction as a result of any such limit on your Account, and we are not responsible if your Financial Institution fails to honor any debit against your Account. At our sole discretion, we may refuse to complete any transaction, which we have reason to believe is not made by you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. You may not authorize us in advance to make future payments, or payments that are expected to recur at regular intervals.
Communications/Verifications.Communications to us via this website shall in no way be deemed to constitute legal or official notice to the City of New York, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the City of New York or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to the City of New York via this website be deemed to constitute legal or official notice for any other purpose.
We ask all website users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the website. Users are prohibited from using false e-mail addresses. Neither ClearTran nor Official Payments nor the City of New York endorse the viewpoints or vouch for the accuracy or authenticity of electronic data or information available via the Internet.
LinksOur website contains links to websites created and maintained by third parties. You understand that neither ClearTran nor Official Payments nor we have control over such third party sites, and therefore are not responsible for the content of any such third party sites or the content of any site linked to such third party site. We will not be liable for any damage or loss caused by or in connection with the use of or reliance on any such content, products or services available on or through such third party sites.
Governing LawTHIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE CITY AND STATE OF NEW YORK, AND THE FEDERAL GOVERNMENT WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS, RULES OF SUCH STATE.
JurisdictionYou agree to consent to the personal jurisdiction of any New York or federal court located within Kings County or New York County in any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions or your use of the website or the electronic payment service, so long as such court shall have subject matter jurisdiction over such suit, action or proceeding. You further agree that any cause of action arising out of these Terms and Conditions, or your use of the website or the electronic payment service, shall be deemed to have arisen from a transaction of business in the State of New York.
AmendmentsWe may amend these Terms and Conditions from time to time. In such event, we will post the amended terms on the website. If you use the website after we post such a change on our website, it will constitute your agreement to the revised terms. You should terminate the use of this website if you do not agree with any such amendment.
LiabilityYou shall remain liable for all transactions you initiated through the Payment Service, and the payment of all amounts you owe prior to termination or discontinuation of your use of the Payment Service. You agree to pay all costs and expenses that we may incur in order to collect any amounts you owe under these Terms and Conditions. An agent of a person in whose name an Account has been established warrants that it is duly authorized to use this service on behalf of the principal and that to the best of his or her knowledge and information the representations made on behalf of the principal are true and correct.
MiscellaneousThese Terms and Conditions constitute the full agreement between you and ClearTran and Official Payments and the City related to the use of this website. If any provision of these Terms and Conditions is held invalid or unenforceable, all other provisions will remain in full force and effect. ClearTran, Official Payments and the City may choose not to exercise or to delay enforcement of any of our rights under these Terms and Conditions without losing them.
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