These Terms and Conditions are called the "Agreement" and contain the rules and responsibilities of all participants using the FL ePay Site.

This Agreement contains important information and guidelines for using the Florida Child Support ePay website (FL ePay Site). By authorizing an Electronic Funds Transfer to be made for child support, or by accessing the FL ePay Site, You indicate Your acknowledgment and acceptance of these Terms and Conditions.

NOTICE REGARDING MANDATORY WAGE WITHHOLDING
Using the Florida ePay website to make a child support payment cannot replace federally mandated wage withholding if Your order requires it. If You are a parent who owes child support and Your order requires wage withholding, the Child Support Program may take withholding action or any other collection action without further notice to You, even though You are making or have made electronic payments. If You are currently under an income withholding order, making electronic payments will not result in the cancellation of Your income withholding order.

I. DEFINITIONS
In this Agreement, capitalized terms shall have the meaning set forth in this section:

"Automated Clearing House (ACH) Network" is the funds transfer system, governed by the National Automated Clearing House Association (NACHA) Operating Rules that provides for the interbank clearing of electronic entries for participating Financial Institutions.

"Bank Account" is the checking or savings account from which all Internet Electronic Funds Transfer payments will be made. Your Bank Account must be held at a financial institution within the United States. You must be an authorized signer on the Bank Account in order to authorize a bank draft against the Bank Account.

"Business Day" is Monday through Friday, excluding state, federal, and Federal Reserve holidays.

"Convenience Fee" is a fee to cover the cost of providing a Credit Card service. The Convenience Fee for using this service is 2.55% of the amount of the primary child support payment. This fee is separate from, and in addition to, the primary child support payment.

"Credit Card" is the card issued by a financial institution or retail store that allows the cardholder to obtain cash and/or purchase goods or services on credit.

"Electronic Funds Transfer (EFT)" is the process for moving money electronically from one financial institution to another financial institution.

"Financial Institutions" is an institution that provides financial services for its clients or members; for example, banks, savings and loans, and credit unions.

"FL ePay Site" is the Florida Child Support ePay website used for processing child support payments on the Internet.

"Initiated" is the creation of an Internet web payment by entering Payment Instructions and scheduling a payment with the FL ePay Site.

"FL ePay Site Account" is the Electronic Funds Transfer account that You have registered with the FL ePay Site.

"Non-Business Days" is the term for Saturday, Sunday, and state, federal, and Federal Reserve holidays.

"Password" is the unique sequence of alphanumeric characters You have chosen to secure access to Your Florida ePay Site Account. It is important to remember and protect Your Password.

"Payment Delivery Date" is the date You select for Electronic Funds Transfer payments to be drafted from Your Bank Account. If the Payment Delivery Date falls on a Non-Business Day the funds will be withdrawn the next Business Day.

"Payment Instructions" is the information provided by You for identification of a web payment to be made to a child support case. These instructions include, but are not limited to, the parent who owes support’s name, Social Security Number, case and county numbers or name, payment amount, and payment date.

"Posted Date" is the Business Day the payment is applied to Your child support case.

"Processing Period" is the period of time from two (2) Business Days prior to the Payment Delivery Date and continuing up to the Posted Date.

"Regulation E" is the regulation put into law by the Federal Reserve Board of Governors in order to ensure consumers have a minimum level of protection in disputes arising from Electronic Funds Transfers.

"Scheduled Payments" is any Internet payments that You have Initiated but which are not within the Processing Period.

"User ID" is the unique sequence of alpha-numeric characters You have chosen at the time of Electronic Funds Transfer service registration to identify yourself to FL ePay Site.

"We," "Us," and "Our(s)" refer to the Florida Child Support State Disbursement Unit and the FL ePay Site, and/or its agents.

"You" and "Your(s)" refers to each person who registers and/or uses the FL ePay Site, and each person who uses the FL ePay Site with the permission of a registered user. You may be a parent who owes child support making payments on Your own behalf; You may be an employer withholding funds from a parent who owes child support at the direction of the Florida Child Support Program, or any other party making payments on behalf of a parent.

II. USER REQUIREMENTS
In order to use the FL ePay Site to register for Electronic Funds Transfer or to make a Credit Card payment, You must be a legal owner of the Bank Account, which You register with the FL ePay Site and/or the Credit Card. You must also have a valid email account and access to the Internet.

III. USING THE Florida CHILD SUPPORT PAYMENT WEBSITE ELECTRONIC FUNDS TRANSFER SERVICE
Once You have submitted the required information to register with the FL ePay Site You will receive an email confirming Your registration. The Password You created will not appear in this email. Your Password is required for access to Your FL ePay Site account.

By registering with the FL ePay Site and identifying the child support account on which to apply child support payments, You authorize FL ePay Site to follow the Payment Instructions. When FL ePay Site receives a Payment Instruction, You authorize the FL ePay Site to debit Your Bank Account and apply the payment(s) on the Payment Delivery Date.

Once it is determined that Your FL ePay Site Payment request was successfully completed, You will receive a confirmation number and confirmation will be sent to You by email.

You may cancel or edit Scheduled Payments by following the directions within the website. There is no charge for canceling or editing Scheduled Payments. We may not have a reasonable opportunity to act on any cancellation or edit after a payment is in the Processing Period and it is not possible to cancel or edit a payment that has been "Posted."

If You would like information about attempting to cancel or edit any payment which is in the Processing Period, You must call the FL ePay Site Customer Service Unit at 1-877-769-0251. The hours are Monday-Friday, 7:30 a.m. to 6:00 p.m., Eastern Standard Time (EST), excluding state and federal holidays. Although We will make every effort to accommodate Your request We will have no liability for failing to do so because the payment is in the Processing Period.

Cancellation or edit requests received by the FL ePay Site within two (2) Business Days prior to the scheduled payment date (i.e., within the Processing Period) will be accepted only if We have a reasonable opportunity to act on such requests. If You call, the FL ePay Site Customer Service staff, they will also require You to present Your request in writing.

IV. USING THE FL ePay WEBSITE CREDIT CARD PAYMENT SERVICE
Once You have submitted the required personal and Credit Card information to authorize a child support payment by Credit Card, the Credit Card information will be validated by the website. Once the Credit Card account is validated, You will be notified immediately by email. The email will provide You a record of the authorized child support payment, the calculated Convenience Fee, a confirmation number, and the payment time and date. Payment requests received will be made within three Business Days from the date the payment is confirmed on the website.

LIMITATIONS ON USE
FL ePay Site reserves the right to limit Your use of the Internet payment service by imposing limits, hold times, or other measures if We believe that suspicious activity has occurred or may occur.

TERMINATION OF REGISTRATION
The FL Child Support State Disbursement Unit and/or its agents have taken steps to safeguard the integrity of its data and prevent unauthorized access to information maintained by the FL ePay Site. These steps are designed and intended to prevent corruption of data, block unknown and unauthorized access to our systems and information, and to provide reasonable protection of private information in our possession. FL Child Support and/or its agents have the right to terminate Your FL ePay Site registration, or to reject or reverse any transaction(s) You initiate at any time and for any reason, including, but not limited to:

  1. Using the FL ePay Site Service (directly or indirectly) for any unlawful purpose;

  2. In any way attempting to corrupt the security of the FL ePay Site; and/or

  3. Having payments returned by the bank for any reason including but not limited to non-sufficient funds, closed account, stop payment, etc.

AVAILABILITY
The FL ePay Site is intended to be available twenty-four (24) hours a day, seven (7) days a week. However, the FL ePay Site may be unavailable occasionally for scheduled maintenance. There may also be unscheduled unavailability, but We will work to minimize such interruptions in service. In the unusual event that system interruptions may result in a delay in processing payments, Scheduled Payments will be processed as soon as possible upon completion of any system maintenance. User agrees that FL Child Support and/or its agents are not liable for any loss resulting from any delay in processing payments.

DISCLAIMER OF LIABILITY
FL Child Support and/or its agents will use its best efforts to apply all Your payments correctly. However, FL Child Support and/or its agents are not liable for damages suffered by You as a result of Your unsuccessful attempts to use the FL ePay Site. This disclaimer applies to any actions performed by any entity other than FL ePay Site in connection with Your attempted use of the FL ePay Site. Damages for which FL Child Support and/or its agents shall not be responsible include, but are not limited to, fees or charges assessed by Your financial institution, telephone service provider, or Internet service provider. Furthermore, FL Child Support and/or its agents shall not be responsible for any damages arising from or related to FL ePay Site's inability to complete any payments Initiated by You through the FL ePay Site because of the existence of any one or more of the following circumstances:

  1. If Your Bank Account does not contain sufficient funds to complete the Electronic Funds Transfer transaction;

  2. If the FL ePay Site Service is not working correctly and You know or have been advised by FL ePay Site about the malfunction before You execute the transaction;

  3. If You provide FL ePay Site with incorrect information, including but not limited to the name, social security number, case and county numbers, or account information for the child support payment(s);

  4. If the cancellation of a transaction was not received by FL ePay Site in a timely manner; or

  5. If circumstances beyond our control (e.g., flood, labor strike, national emergency, etc.) prevent the completion of the transaction despite our reasonable precautions.

You are responsible for the installation, maintenance, and operation of Your computer and Your browser software. The risk of error, failure, or non-performance is Your risk and includes the risk that You do not operate Your computer or Your software correctly. FL Child Support and/or its agents are not responsible for any errors or failures from any malfunction of Your computer or software. FL Child Support and/or its agents are not responsible for any electronic virus or viruses that You may encounter. FL Child Support and/or its agents are not responsible for computer virus related problems that may be associated with Your use of FL ePay Site Service. FL Child Support and/or its agents have no liability to You for any damage or other loss, direct or consequential, which You may suffer or incur by reason of Your use of Your computer or Your software.

FL Child Support and/or its agents are not responsible for verification of the identity of recipients. FL Child Support and/or its agents are not responsible for payments made to unintended recipients due to the input of incorrect information (including but not limited to social security number, case and county numbers, etc.) by You.

PASSWORD AND SECURITY
You agree not to give or make available to any unauthorized individuals Your FL ePay Site User ID or Password. You are responsible for all payments You authorize using the FL ePay Site Service. If persons use, with or without Your consent, Your User ID and Password to access Your account, You are responsible for any transactions they authorize. If You believe Your User ID or Password has been lost or stolen or someone has or may attempt to use the FL ePay Site or transfer money without Your consent, You must notify the FL Child Support Program, FL ePay Site, and/or its agents at once by calling the FL ePay Site Customer Service Unit at 1-877-769-0251, 7:30 a.m. to 6:00 p.m., Eastern Standard Time, any Business Day.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You must notify the FL ePay Site in writing within four (4) Business Days after the loss or theft of any access codes to Your Bank Account, or of the Password or User ID to Your FL ePay Site. If FL ePay Site is notified within these four (4) Business Days Your liability will be limited to a maximum of $50.00. If You do not tell Us within four (4) Business Days after You learn of such loss or theft Your liability will be a maximum of $500.00.
If You do not notify FL ePay Site within ninety (90) days after You learn of an unauthorized transaction or the date You are sent a statement reporting the unauthorized transaction, whichever is earlier, Your liability may include the amounts transferred, without Your authorization, after the ninety (90) day period. If a good reason (such as a long trip or a hospital stay) prevented You from notifying FL ePay Site, You may submit a written request to have the period extended. These limits are outlined in the current edition of the Operating Rules of the ACH Network and Regulation E. Your liability for unauthorized Credit Card transactions shall be determined by the terms of Your agreement with the financial institution that issued Your Credit Card.

ERRORS AND QUESTIONS
In case of unauthorized transfers from, suspected errors in or, questions about Your FL ePay Site Account, You should, as soon as possible:

  1. Call the FL Child Support State Disbursement Unit ePay Customer Service Unit at 1-877-769-0251 during customer service hours. The hours are Monday-Friday, 7:30 a.m. to 6:00 p.m., Eastern Standard Time (EST), excluding state and federal holidays; or

  2. Write Us at: FL Child Support State Disbursement Unit, P. O. Box 8500, Tallahassee, FL 32301.

If You think an error has occurred on Your FL ePay Site Account, or You need more information about a transaction posted to Your FL ePay Site Account, You must:

  1. Tell Us Your name, social security number, and User ID;

  2. Describe the error or the transaction You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information; and

  3. Tell Us the date and dollar amount of the suspected error.

If You tell Us verbally, We will also require that You send Your complaint in writing within ten (10) Business Days after Your verbal notification. We will usually determine whether an error occurred within ten (10) Business Days after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We will credit Your account within ten (10) Business Days for the amount You think is in error, so that You will have the use of the money during the time it takes Us to complete our investigation. If We ask You to put Your complaint or question in writing and We do not receive it within ten (10) Business Days of our request, We may not credit Your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, We may take up to ninety (90) days to investigate Your complaint or question. For new accounts, We may take up to twenty (20) Business Days to credit Your account for the amount You think is in error. We will tell You the results within three (3) Business Days after completing our investigation. If We decide that there was no error, We will send You a written explanation. Required time frames to investigate complaints are as outlined in the current edition of the Operating Rules of the ACH Network and Regulation E. You may ask Us for copies of the documents that We used in our investigation. All copies will be provided unless they include information which cannot be released due to confidentiality.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat Your account information as confidential. However, We may share information to third parties about Your account, or the transactions You make, in the following situations:

  1. Where it is necessary for completing transactions, such as to the processing Financial Institution;

  2. In order to verify existence and condition of Your account for a third party such as a credit bureau or merchant;

  3. If You give Us Your written permission;

  4. In order to comply with government agency and court orders; or

  5. For any other reasons stated in the FL ePay Site Privacy Policy.

FEES AND CHARGES
By registering with the FL ePay Site for Electronic Funds Transfer and accepting these Terms and Conditions You are authorizing withdrawals from Your Bank Account for payment to Your child support case. If Your account balance is insufficient to fund any authorized withdrawal, You further authorize the withdrawal of any and such unpaid amounts, together with all applicable fees and penalties, on the next available date that funds are in Your account. Any resulting debt to the FL Child Support Program is subject to collection action plus a service charge of:

• $25 if the authorized withdrawal does not exceed $50,
• $30 if the authorized withdrawal exceeds $50 but does not exceed $300,
• $40 if the authorized withdrawal exceeds $300, or
• an amount up to 5 percent of the authorized withdrawal, whichever is greater.

Unless this amount is paid in full within the time specified above, the holder of such authorized withdrawal may turn over the authorized withdrawal and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the authorized withdrawal, but in no case less than $50, together with the amount of the authorized withdrawal, a service charge, court costs, reasonable attorney’s fees, and incurred bank fees, as provided in s. 68.065, Florida Statutes.

By accessing the FL ePay Site to authorize child supports payments with Your Credit Card You are authorizing payment from Your Credit Card for the designated payment amount and the applicable Convenience Fee.

RETURNED PAYMENT TRANSACTION
By using the FL ePay Site Electronic Funds Transfer service, You are requesting the system to make payments for You from Your Bank Account. If We are unable to complete the Scheduled Payment transaction for any reason associated with Your Bank Account (for example, there are not sufficient funds in Your Bank Account to cover the transaction), the scheduled payment transaction will not be completed. In these instances, You will receive a letter from the FL ePay Site. You agree that You will reimburse the FL Child Support Program immediately for the scheduled payment transaction amount that has been returned. If Your account balance is insufficient to fund any authorized withdrawal, You further authorize the withdrawal of any and such unpaid amounts, together with all applicable fees and penalties, on the next available date that funds are in Your account. Any resulting debt to the FL Child Support Program is subject to collection action. If a scheduled payment transaction is returned for any reason, Your FL ePay Site account will be closed immediately and You may be subject to fees and charges as set forth in the Fees and Charges provision of these Terms and Conditions.

ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended by the FL Child Support Program and/or its agents from time to time. In the event any material terms of this Agreement are altered, FL ePay Site shall provide notice to You not less than twenty-one (21) days prior to the effective date of such changes. Any use of the FL ePay Site after the Site provides You a notice of any change to this Agreement will constitute Your agreement to such change(s). Further, FL ePay Site, occasionally, may revise or update the programs, services, and/or related material, which may make all such prior versions obsolete. When this happens, FL ePay Site reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to FL ePay Site's more recent revisions and updates.

TERMINATION OR SUSPENSION
FL Child Support and/or its agents may terminate or suspend service to You at any time and/or revoke Your right to use the FL ePay Site if necessary. Neither termination nor suspension from this site or service shall remove Your child support liability or obligations under this Agreement.

INFORMATION AUTHORIZATION
You agree that FL ePay Site reserves the right to obtain financial information regarding Your account from a payee or financial institution to resolve payment-posting problems.

REJECTION OF PAYMENTS
Your enrollment with the FL ePay Site may not be completed if FL ePay Site cannot verify Your Bank Account or other required information. Should Your Credit Card transaction be declined, You will need to contact Your Credit Card company to determine why the payment was not authorized.

DISPUTES
In the event of a dispute regarding the FL Child Support Program and/or any agent of the FL ePay Site including but not limited to Child Support staff, Customer Service staff, etc., You and the FL Child Support Program and/or its agents 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 and FL Child Support State Disbursement Unit and/or its agents which supersedes any proposal or prior agreement, oral or written, and any other communications between You and FL Child Support State Disbursement Unit and/or its agents relating to the subject matter of this Agreement. If there is a conflict between, any statement of an employee, agent, or contractor of the FL Child Support State Disbursement Unit and the terms of this Agreement, the terms of this Agreement will prevail.

CAPTIONS
The captions of sections in this Agreement are for convenience only and do 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 interpreted in accordance with the laws of the State of Florida, without regard to conflict of law provisions.

STATEMENTS
Notification describing transactions Initiated by You to update or modify Your FL ePay Site Account shall be emailed to You by FL ePay Site. You may access the FL ePay Site to obtain a record of the previous six (6) month period of scheduled electronic payments drafted from Your Bank Account.