AUTOPAY TERMS AND CONDITIONS - AUTHORIZATION AGREEMENT FOR ACH DEBITS ("ACH Agreement")
General Terms and Conditions: If you have enrolled for AutoPay, you hereby authorize Texpo to initiate one or more ACH debit entries to your checking or savings account, or to initiate one or more transactions to your credit card (as you indicated in your AutoPay enrollment). If you have authorized recurring debit entries or credit card transactions, an automatic withdrawal or charge will be made in the amount of the balance due on your monthly bill, three days after the date of invoice. If the amount of a withdrawal or charge from your chosen method of payment will differ from that of the previous month, you understand that you have the right to receive 10 days prior written notice of the amount and date of the debit or charge (you agree this notice may occur or be given to you electronically on Texpo’s payment portal or via a written or electronically sent invoice). However, by enrolling in AutoPay, you are electing not to receive such notice to avoid the Payment Processing Fee as defined in your Terms of Service Agreement and/or Facts Label. The origination of ACH transactions or credit card transactions to your account or credit card must comply with the provisions of U.S. law. This ACH Agreement shall be made in accordance with the applicable rules of the National Automated Clearing House Association (NACHA) and Article 4A of the Texas Uniform Commercial Code. This ACH Agreement shall not alter, enlarge or diminish the existing rights and obligations of the parties under your Terms of Service Agreement.
Cancellation: If you wish to cancel Autopay, please call us anytime at the number on the back of your statement or access your account online to turn your AutoPay off in the customer portal. Otherwise, your ACH Agreement will remain in full force and effect until either party cancels this ACH Agreement, which notice will be effective at the time of its receipt by the other party, although the effectiveness of any termination notice received by Texpo within 10 days of any payment date may, at the election of Texpo, be delayed until after such payment. However, if you terminate this ACH Agreement, you acknowledge and agree that the Payment Processing Fee will be implemented for failing to authorize recurring ACH debits (as noted in your Terms of Service Agreement and/or Facts Label), and certain other advantages (that may have been conditioned upon your enrollment in AutoPay) may or will be discontinued.
Miscellaneous: You acknowledge and agree that Texpo may assign this ACH Agreement in connection with any assignment by Texpo of your agreements with Texpo, and this ACH Agreement shall be binding on and inure to the benefit of Texpo and its successors and assigns. This ACH Agreement may be altered, changed, or modified by Texpo at any time by providing 10 days prior written notice to you. TEXPO SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OF THE TERMS AND CONDITIONS OF THIS ACH AGREEMENT, OR AS A RESULT OF ANY DELAY, ERROR OR OMISSION IN ANY AUTHORIZED RECURRING DEBIT ENTRY TO BE MADE, OR FROM ANY ACT OR OMISSION OF ANY FINANCIAL INSTITUTION, ELECTRONIC FUNDS TRANSFER SYSTEM, OPERATOR OR THIRD-PARTY SERVICE PROVIDER, EVEN IF TEXPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each party shall bear all of the respective fees and other charges assessed by its designated financial institution(s). If an authorized recurring debit entry from your account is rejected and no other provision is made for payment on or before the due date, payment will be considered delinquent. Texpo will have no obligation to provide notice of delinquency to you. Texpo reserves the right: (a) to adjust future authorized recurring debit entries from your account if any authorized recurring debit entry previously made is found to be duplicative, processed incorrectly, not at all, in excess of, or less than the required amount, (b) to choose the system used to process automatic bank debit entries and any third-party service provider it may use, and (c) to initiate debit or payment entries and adjustments from any authorized recurring debit entries made in error. Texpo is entitled to rely upon the information supplied by you in this enrollment form. Each automatic withdrawal from your checking or savings account will be made in accordance with the information you have provided in this enrollment form, or as any person purporting to represent you may otherwise specify in written notice received by Texpo. Texpo will not be responsible for any loss arising by reason of any error, mistake or fraud with regard to such information and shall be under no obligation to verify the authority of any person who purports to act on your behalf.
Version No. WEBACHTXP.1.29.20