Last Updated November 7, 2022
These Payment Concierge Terms of Service set forth below, together with our general terms and conditions (which are incorporated into these Terms of Service) and Privacy Policy (collectively, the “Terms”) that govern access to, and use of, the Onyx Payment Concierge bill payment service (“Bill Pay Services”) made available by Onyx Card, LLC (“Onyx”, “we,” or “us”) that enable a user, via the Onyx application, to set up transactions that ultimately facilitate payments to third parties. These Terms are a legal agreement between you (“you,” “your,” or “user”) and Onyx. By using the Bill Pay Services, you agree to be bound by these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with any other party for products, services or otherwise.
The Bill Pay Services are to be utilized by you to facilitate individual payments (each, a “Bill Payment”) from your account at Piermont Bank (“Bank”) to recipients that you select (collectively, “Payees”) For each user-confirmed Bill Payment you submit, the amount of the Bill Payment will be debited from your Bank account funds immediately upon your confirmation of the Bill Payment request.
Onyx reserves the right to change or modify these Terms at any time and in our sole discretion. If Onyx makes changes to these Terms, we will provide notice of such changes, by providing notice through the Bill Pay Services, by e-mail and/or by updating these Terms (as indicated by the “Last Updated” date found at the top of these Terms) on the Terms of Service page on the Onyx website. You agree to receive notifications through these means and your continued use of the Bill Pay Services will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Bill Pay Services.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE BILL PAY SERVICES.
If you do not agree to these Terms (including all agreements and policies referenced in these Terms or otherwise applicable to use of Bill Pay Services which are required to be agreed to and accepted before use of such features), you may not use the Bill Pay Services. Any waiver or modification that we provide to you, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver or modification under these Terms for any other or future acts, events, or conditions. Further, any delay by Onyx in enforcing our rights under these Terms does not constitute forfeiture of any such rights.
The Bill Pay Services include services provided by third parties. Please note that ONYX CARD is not responsible for the offerings of third parties. Contact us immediately if you believe a Bill Payment from your Onyx account was sent in error.
To use the Bill Pay Services, you must: (i) have an Onyx account in good standing, and (ii) accept and abide by these Terms.
For the Bill Pay Services to function effectively, you must provide accurate information to Onyx that identifies the designated Payee and Bill Payment amount. You acknowledge that, without your provision of necessary and accurate information about a Payee, the amount to be paid and other information to complete input fields on our Payment Concierge platform (collectively, “Payment Instructions”), we will not be able to direct a Bill Payment.
Your provision of Payment Instructions constitutes your authorization of (a) us to rely on and execute Payment Instructions to facilitate a Bill Payment and (b) Bank to debit your Onyx account for that payment and remit funds to the Payee on your behalf.
Onyx has no ability to actually send any money out of your Bank account; Onyx can only set up the transaction and communicate the transaction to Bank. To finalize the transaction and approve the money transfer, you will receive a push-notification with the option to use Face ID to confirm the transaction via your phone. Onyx will prepare the transaction via our web-tool and fill in the recipient details that were sent including the purpose of the transaction and source of funds if it is a third party. Onyx has no liability for misdirected funds that result from incorrect transaction or Payee information submitted by you to Onyx.
Once the Onyx Payment Concierge relationship manager enters the info and “places” the order, you will receive a notification of the details on your phone that will ask you to consent and confirm the proposed transaction is correct. You will then be required to approve or cancel the transaction via Face ID. For approved transactions, you will be provided with a confirmation number for each Bill Payment you schedule using the Bill Pay Services. The reference number will help us resolve any questions you may have concerning any of your transactions. If you disagree with the payment terms, you can cancel the transaction before approving it.
You acknowledge and agree that it is your responsibility to ensure your Bank account has sufficient funds to facilitate each Bill Payment, and Onyx has no liability to you or any other party resulting from insufficient funds in your Bank account. Onyx reserves the right, in our sole discretion, subject to applicable law, to modify transaction limits, limit, block or place a hold on certain types of transfers or suspend your access to the Bill Pay Services if for any reason Onyx believes that your use of the Bill Pay Services is improper or creates a risk for Onyx, the Bank or any other person.
You are solely responsible for ensuring that the Payment Instructions that you provide in connection with each Bill Payment you initiate are accurate. You understand that Onyx may not have the ability or obligation to cancel any Bill Payment after you have scheduled it.
The Bill Pay Services are available weekdays from 8am to 9pm ET, except during maintenance periods or other unavailability caused by circumstances beyond our reasonable control. The Bill Pay Services are not available on Saturday or Sunday. Payments are processed in accordance with the payment timeframe set forth in Section 5.2 below.
Bill Payment Submission Time
Timing for Availability of Funds
Before 3:00 PM ET
1-3 business days
After 3:00 PM ET
2-4 business days
With respect to any ACH transfers made via the Bill Pay Services from your Bank account to (i) a connected bank account at another institution, or (ii) another consumer account (P2P transfer), the amounts of such ACH transfers are limited to $100,000/day, and $1,000,000/month.
To the maximum extent permitted by applicable law, Onyx and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any of the following in connection with your use of the Bill Pay Services:
You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defense of claims, suits or proceedings brought by third parties) and expenses suffered or incurred by us arising out of or in connection with your unauthorized use of the Bill Pay Services or your breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.
Except as expressly provided in these Terms, Onyx and its affiliates disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Bill Pay Services, whether express or implied.
We are not liable to you for any inability to access the Bill Pay Services at any time, for any reason beyond our control (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you), including Bank. You should always check the suitability of any third party with whom you deal, including your agreement with their terms and conditions.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Bill Pay Services, or to the Bill Pay Services entirely, to you at any time immediately without notice for any reason, and without liability to you.
On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Bill Pay Services shall immediately come to an end.
11. Miscellaneous Terms
These Terms are the entire and exclusive agreement between Onyx and you regarding the Bill Pay Services, and these Terms supersede and replace any prior agreements, if any, between Onyx and you regarding the Bill Pay Services.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
The failure of, or delay by, Onyx to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The Bill Pay Services are licensed personally to you and you may not assign, license, sub- license or transfer any right or obligation of these Terms to any third party without our prior written consent.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
