TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS

"Agreement" means these terms and conditions of the bill payment service.

"Bill Payment" means a payment to the Biller scheduled by you through the Service.

"Biller" is Royal Furniture Company.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Due Date" is the date reflected on the billing statement sent to you by the Biller for which the Bill Payment is due; it is not the late date or grace period.

"Payment Instruction" is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, your name, customer account number, and Scheduled Payment Date).

"Payment Account" is the bank account or credit card account from which Bill Payments will be debited.

"Scheduled Payment" is a Bill Payment that has been scheduled through the Service but has not begun processing. (*Note that Scheduled Payment is only an option when making a Bill Payment by electronic check or ACH transaction from you bank account.).

"Scheduled Payment Date" is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day. (*Note that selecting a Scheduled Payment Date is only an option when making a Bill Payment by electronic check or ACH transaction from you bank account.).

"Service" means the bill payment service offered by Authorize.net , through the Service Provider.

"Service Provider" means National Payment Company..

"We", "us", and "our"  refer to the Biller as the case may be and as the context warrants.

"You" and "your" refer to each person who has an interest in an account or other relationship that is accessible through the Service and any person authorized to access the Service.

PAYMENT SCHEDULING

A Bill Payment by credit card or debit card will begin processing immediately and you will not be able to choose a Scheduled Payment Date for Bill Payment processing. When paying by electronic check or ACH transaction from your bank account, you will have the ability to select a Scheduled Payment Date for Bill Payment.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service Provider will bear no responsibility for any late payment.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with account information to make a Bill Payment, you authorize the Service to follow the Payment Instructions that you enter through the Service. In order to process Bill Payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date (in the case of an electronic check or ACH transaction) designated by you.

The Service Provider will use its best efforts to ensure the Service makes all your Bill Payments properly. However, the Service Provider shall incur no liability if the Service is unable to complete any Bill Payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your Payment Account (if any);

2. The Service is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

IN NO EVENT SHALL BILLER OR 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.

PAYMENT METHODS

In the event of a Bill Payment from your bank account, the Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an ACH transaction, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel any Scheduled Payment by following the directions within the Service’s "Payment Summary" tab. There is no charge for canceling or editing a Scheduled Payment prior to processing. Once the Service has begun processing a Bill Payment cannot be cancelled or edited.

STOP PAYMENT REQUESTS

The Service does not have the ability to process a stop payment request.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact the Biller directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

Information provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes must be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s account. The Service may provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation – Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your account(s) current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed to be your authorization for the Service Provider to obtain bill data from the Biller on your behalf. Biller may ask you to provide Service Provider with your user name and password for Biller. By providing Service Provider with such information, you authorize Service Provider to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for processing of cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days to process or to terminate electronic billing. The Service will notify the Biller as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Service Provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and the Biller.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION 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.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all Bill Payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify your bank or credit card company. The Biller and the Service Provider shall not be liable for unauthorized payments initiated through the Service.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions;

2. Where it is necessary for activating additional services;

3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

4. To a consumer reporting agency for research purposes only;

5. In order to comply with a governmental agency or court orders; or,

6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged to you against your Payment Account. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts 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.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;

2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

3. You will reimburse the Service for any fees imposed by the Biller as a result of the return;

4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,

5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Biller or Service Provider from time to time. In such event, notice shall be provided through the Service’s messaging system. Any use of the Service after Biller or Service Provider provides you with notice of a change to this Agreement will constitute your acceptance of such change(s). Further, Biller or Service Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, Biller or Service Provider reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR PAYMENT ACCOUNT CHANGES

It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Biller’s customer service department. It shall be your responsibility to make any changes in your Payment Account should you desire your Payment Account be changed. All changes made are effective immediately for scheduled and future Bill Payments paid from the updated Payment Account information. Neither Biller nor the Service Provider is responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

The Service Provider or Biller may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if Biller or the Service Provider cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s), the Service may issue offsetting debits and credits to the Payment Account(s), and require confirmation of such from you. Through your enrollment in the Service, you agree that Biller AND/OR THE SERVICE.e Provider reserves the right to request reviews of your credit rating at its own expense through an authorized bureau at any time. In addition, you agree that Biller AND/OR THE SERVICE.e Provider reserve the right to obtain financial information regarding your account with Biller or your financial institution (for example, to resolve payment posting problems or for verification) at any time.

DISPUTES

In the event of a dispute regarding the Service, you, Biller and Service Provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you, Biller and Service Provider which supersedes any proposal or prior agreement, oral or written, and any other communications between you, Biller and Service Provider relating to the subject matter of this Agreement.

ASSIGNMENT

You may not assign this Agreement to any other party.

NO WAIVER

Biller and Service Provider shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of Biller and Service Provider in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of TENNESSEE, without regard to its conflicts of laws provisions. Any action shall be brought in the state or federal courts located in SHELBY COUNTY. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.

THE FOREGOING SHALL CONSTITUTE BILLER AND SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL BILLER OR 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 THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.