Bill & Pay™ is a service provided by SkyHill Software, Inc.
These Terms and Conditions apply to your use of SkyHill Software's Bill & Pay Bill Presentment and Electronic Payment Services (hereinafter referred to as the "Service") and applies to your use of these services via the internet. By using the service, you agree to these Terms and Conditions.
We are very serious about the privacy of information you provide. Please read the Privacy Statement posted on this website before using this Service. Bill & Pay and/or SkyHill Software 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 here. A copy of this statement may also be obtained by contacting SkyHill Software. By using the Service, you agree to the terms of our Privacy Statement.
You acknowledge and agree that Bill & Pay and SkyHill Software shall have the right to record and retain all direct communications, whether by electronic mail ("e-mail"), facsimile, written communication, or telephone, related to the use of this Service. All communication with SkyHill Software may be recorded.
(A) Use of the Service is granted to individual and business customers to ("Users") to access information and complete payment transactions.
(B) The Service may be used to post invoices and receive electronic payments from customers who contract with you for goods and services. The Service may also be used to receive automatic payments for recurring goods and services your business provides.
(C) The Service may be used to access payment status and payment history information.
Bill & Pay is a service that is provided by SkyHill Software. The following fees for the Service will be charged directly to your bank account by SkyHill Software. Fees will be charged monthly.
| Bill & Pay Setup Fee | $0.00 | |
| Monthly Service Fee | $24.00 | |
| Online Payment Fee | $0.55 | |
| ACH returns such as NSF, Account Closed, Notice of Change, and other returned or corrected ACH transactions. |
$7.00 | |
| ACH withdrawals unauthorized by customer return transactions. |
$12.00 |
Your financial institution may charge additional service fees for certain transactions such as customer returns which are out of the control of the Service. In the event your fees for services provided are returned for any reason, SkyHill reserves the right to charge a return fee of $25.00 plus any collection costs and/or any attorney fees needed to recover such fees. Other fees may apply depending on the options selected. These fees will be disclosed at the time the option is selected and are not a required to use the Service.
(A) You may accept electronic payments from your customers checking and savings accounts. You may also accept customer payment via credit cards if you have a merchant account that can interface with our payment gateway. All monies deposited into this service are paid directly to you less any transaction fees that may be assessed by your financial institution.
(B) SkyHill Software makes no representations or warranties regarding when such financial transactions will be completed as there are numerous factors which could cause or contribute to delays in completion of such financial transactions.
(C) Returned/Uncollectible Check Payments. SkyHill Software and Bill & Pay reserve the right to charge you a fee in the event that an electronic payment cannot be collected for any reason, including, but not limited to, "NSF" or invalid account information. In addition your financial institution may assess a separate fee. We also reserve the right not to accept electronic payments from the patron in the future.
It is understood that the Service uses email to communicate with your customer. These email communications include the notice of new invoices, payment receipts, and notice of payment due and past due. These notices are sent on your behalf as part of the Service.
SkyHill Software uses third party vendors to process ACH payments and to process Credit Card payments. As part of your approval process you may be asked to sign separate agreements with one or more of these vendors.
SkyHill Software Inc.'s entire liability and your exclusive remedy shall be that except as expressly stated above, the Software and corresponding license are provided on an "as is" basis without any other warranties. SkyHill disclaims any warranties and liability to licensee, any other party or person for any consequential, incidental, indirect, special, punitive and/or exemplary damages including, without limitation, damages for lost profits, business interruption, loss of business information, arising out of or related to this Agreement. All such express or implied warranties including implied fitness for a particular purpose or implied warranty of merchantability are hereby disclaimed.
This Agreement may be terminated at any time by following the cancellation procedure provided by the "service". Further, SkyHill Software reserves the right to terminate this Agreement at any time in its sole discretion.
(A) Assignment; Amendment. This Agreement may not be assigned by any party hereto without the prior written consent of the other parties and such written consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensee may freely assign this Agreement without consent solely to the Licensor, which entity shall then have the rights of Licensee under this Agreement, including the rights to sublicense the Historical Database and any derivatives thereof. These Terms and Conditions are subject to change at any time, at the sole discretion of SkyHill Software upon 30 days advance notice posted on the SkyHill website.
(B) Third Party Beneficiaries; Binding Effect. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto, their successors and permitted assigns, any rights or remedies under or by reason of this Agreement. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their successors and permitted assigns.
(C) Notices. All notices, demands and other communications to be given or delivered under or by reason of this Agreement shall be in writing and shall be deemed to have been given when sent by facsimile, personally delivered or mailed by first class mail, return receipt requested. Notices, demands and communications to the parties shall, unless another address is specified in writing, be sent to the addresses indicated below:
Pam Medvec
SkyHill Software
3023 46th Ave. S
Minneapolis, MN 55406
(D) Severability. Any invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity of any other of its provisions.
(E) Survival. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will so survive.
(F) Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Minnesota, without regard to conflicts of laws provisions or principles of comity which would result in the application of substantive laws of a jurisdiction other than the State of Minnesota.
(G) Waiver. A failure to exercise or a delay in exercising a right in any instance by any party hereto shall not be deemed a waiver of the right in the future. Any waiver shall be limited to the specific provision waived and the circumstances or event specifically made subject thereto and shall not be deemed a waiver of any other term or of the same term under different circumstances.
If you have any questions about these terms and conditions or if you have any other questions you can email us using the Contact SkyHill Software link on this website, or write us at: SkyHill Software, Inc., 3023 46th Avenue South, Minneapolis, MN 55406