Terms and Conditions of Gov2Go Pay® Service
NIC Services, LLC ("NICS") is offering this Gov2Go Pay® payment service ("Service") as a convenience to you ("you" or "your"). The Service enables you to maintain your credit card or bank account information securely on file with this Service (each a "Designated Account"). By providing this Service with your Designated Account information, you are authorizing NICS to automatically charge your Designated Account for goods or services ordered by you through https://gov2gopay-uat.egov.com/ (the "Site") in accordance with these Terms and Conditions.
- Authentication and Authorization.
- By clicking the "I have read and agree" checkbox on the previous page, you are agreeing to the User Agreement.
By submitting your Designated Account information, you are representing and warranting to NICS with respect to each such account that:
- As an account holder, you are a living individual or valid legal entity in good standing, and you have accurately and truthfully identified such individual or entity herein;
- Any information you provide is accurate and complete and that your Designated Account(s) are open, validly issued, and in good standing;
- You are legally authorized to make payments using your Designated Account(s); and
- Your use of the Service will not violate any local, state, national or international laws or regulations.
For Designated Accounts that are bank accounts, you are also representing and warranting to NICS that:
- Such bank account(s) are able to accept electronic debits.
- NICS or its agent is authorized to electronically debit the Designated Account(s), and if necessary, to credit such accounts to correct any erroneous debits using an Automated Clearing House ("ACH") debit entry.
- NICS or its agent may re-debit the account(s) for the payment in the event such is dishonored by your financial institution, and NICS is additionally authorized to charge the maximum return item processing fee according to the applicable laws in your state.
- If your accounts are configured for corporate service, you understand and agree that the Originating ID for transactions using the service will be shown as "Not Applicable." Accordingly, you agree to make sure your banking institution has released any debit blocks (if applicable) for this ID to ensure successful payment.
- By ordering any goods or services through the Site, you agree that you are authorizing NICS to take the appropriate action to charge your Designated Account for the fees or charges associated with such transaction.
- Revocation of Authorization. You may revoke your authorization with respect to any particular Designated Account at any time by logging into the Service and deleting the application Designated Account. If you have any questions, you may send an email to firstname.lastname@example.org .
- Amendments to User Agreement. The User Agreement is the legal binding agreement between NICS and you with respect to the Service. Your use of the Service after any changes to the User Agreement will constitute your agreement to such change(s). You will be agreeing to the current provisions of the User Agreement each time you authorize a payment using the Service. The User Agreement may have been amended from the last time you used the Service so be sure to read it each time before you make a payment to be certain you still agree with these provisions.
- Limitation of Liability. NICS is not liable in the event a payment transaction is not completed for any reason, including but not limited to the lack of sufficient funds or credit, our determination not to honor a payment authorization, the failure of communications, hardware or software, or any other event outside NICS’s reasonable control. NICS reserves the right to take remedial actions in its discretion including the delay, suspension or termination of a transaction in the event it believes it may be invalid or unauthorized due to fraud, mistake, violation of these terms, or any other reason. IN NO EVENT SHALL NICS 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 USE OF THE SITE AND/OR THE SERVICE.
- No Warranty. THE SERVICE AND THE SITE 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.
- Indemnity. You agree to indemnify and hold NICS and its subsidiaries, affiliates, officers, directors, agents, employees, customers and suppliers harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement, or your violation of any law or the rights of a third party, or otherwise arising out of the use of the Services.
- Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions. Venue for any dispute shall be in Johnson County, Kansas courts or federal courts in the District of Kansas.
- eSignature. You will be given the option to indicate your assent to the User Agreement electronically, by checking the “I Accept” box. You agree that by checking such box, you are providing your electronic signature and agree to be bound by the User Agreement just as if you had signed your name to a paper document.
- Entire Agreement. The User Agreement is the complete and exclusive statement of the agreement regarding the Services between you and NICS. They supersede any proposal or prior agreement, oral or written, and any other communications between the parties relating to the Service.