BILL Guest Payment Terms of Service

Service Description. Guest Pay enables you to pay Merchants via the Guest Pay features the Merchant has activated. BILL acts solely as a third party payment processor to the Merchant who has sent you an invoice. You agree that BILL is not a party to any agreement you may have with the Merchant to whom you are making a payment and any disputes are solely between you and the Merchant.

BILL’s Role. Neither BILL nor any of its affiliates are a party to any cardholder agreements, privacy policies, or other terms of use for your Payment Methods or the terms of use of our Payment Partners. Nothing in these Terms modifies any such issuer terms or Payment Partner terms of use. In the event of any inconsistency between these Terms and your issuer’s terms or privacy policy, these Terms will govern the relationship between you and BILL with respect to BILL Guest Pay and Payment Transactions, and your issuer’s terms will govern the relationship between you and the issuer. In the event of any inconsistency between these Terms and any applicable Payment Partners’ terms of use, these Terms will govern the relationship between you and BILL with respect to Guest Pay and Payment Transactions, and our Payment Partner’s terms will govern the relationship between you and the Payment Partner. BILL does not make any representation or verify that any of your Payment Methods is in good standing or that the issuer of your Payment Method will authorize or approve any transaction with a merchant when you use BILL Guest Payment for that Payment Transaction.

Neither BILL nor its affiliates are involved in issuing credit or determining eligibility for credit, nor do they exercise control over the availability or accuracy of Payment Methods or funds for your Payment Transactions.

Restrictions.To use Guest pay, you must be at least eighteen (18) years of age and you must reside in the United States. Additionally, you agree that you will not:

• Provide false, inaccurate, or misleading information to BILL;

• Use Guest Pay to send fraudulent funds or conduct other transactions relating to illegal activities.

• Modify, duplicate, disrupt or interfer with Guest Pay, supporting servers, or networks manually or through the use of scripts, viruses, or worms;

• Attempt to access any other BILL systems that are not part of Guest Pay.

BILL Guest Pay Transactions. When You initiate a Payment Transaction, You acknowledge and agree that Your Payment Transaction is solely between You and the Merchant. BILL is not a party to Your Payment Transaction and assumes no liability or responsibility for any products, services or offerings of any Merchant.

ACH or Credit Card Payment Authorization. To pay an invoice from a Merchant through Guest Pay (each payment a “Payment Transaction”), you must provide valid and complete information about your chosen payment method (“Payment Method”). You may pay the merchant via electronic fund transfer (or ACH) from a valid U.S. bank account or using a credit card. The information that you will need to provide depends on the payment method you choose: (1) for credit or debit card (“Payment Cards”) payments, you must provide valid and complete credit or debit card information; (2) for ACH payments made from a checking or savings account (“Payment Account”), you will need to provide complete and accurate bank account information.

If you make a Payment Transaction, you represent and warrant that (i) you are legally authorized to make such payment and provide your payment information, without violating any laws, regulations, terms or agreements relating to use of your Payment Account or your credit or debit accounts, (ii) for ACH payments you have signing authority and permission to authorize the transaction from the bank account; (iii) for Card Payments you are holder of the card; and (iv) your accounts have sufficient credit or funds available to complete the payment. By using Guest Pay, you authorize BILL to validate and debit your bank account or credit card for all invoice payments you initiate using Guest Pay. You understand that BILL may not support all credit card types or brands.

By accepting these Terms, you authorize the charge or debit to your Payment Method as necessary to complete processing of a Payment Transaction. You also authorize any crediting or debiting to or from your Payment Method in connection with reversals, refunds, or adjustments related to your Payment Transaction. Where you have enabled Automatic Payments by providing a Standing Authorization, then you authorize BILL to facilitate automatic payments from the Payment Method you choose (i.e., a Payment Card or Payment Account) to your Merchant for all invoices from that Merchant, in accordance with the terms of the Standing Authorization.

For details or terms relating to a specific Payment Transaction, including refund or dispute resolution policies, please refer to the terms of service, help center, or other support materials provided by the Merchant with which You transacted.

Selecting a Payment Method. When you initiate a Payment Transaction, BILL may present your available and eligible Payment Methods to you at the time of the transaction. Not all Payment Methods are eligible for all Payment Transactions. After you select the Payment Method that you wish to use, BILL may: (1) charge that Payment Method, or (2) share Payment Method information and related details and data with one of its Payment Partners (defined below) or affiliates, and the Payment Partner will then process the transaction on behalf of the Merchant.

BILL’s Liability for Failure to Complete Transactions or Payment Processing Delays. Provided that this feature is available for your Payment Transaction, you may select a “Pay By” date for the Payment Transaction. BILL provides estimated Pay By dates for convenience only, and BILL does not guarantee that a payment to a Merchant will be made within any specific time frame. BILL disclaims any responsibility or liability if a payment scheduled through Guest Pay is not made to a Merchant on or before any specific date. It is your sole responsibility to ensure that payment to a Merchant is made as required by agreement, contract, or law. You will be solely responsible and BILL will not be responsible for all penalties, interest charges, or other late payment fees associated with payments that are delivered after their due date. BILL is also not liable for failure to complete your payment in the correct amount, if you provide inaccurate or incorrect information. You are solely responsible for ensuring a payment has been sent, received, accepted in the correct amount by the Merchant.

Bank Account Payments. Through our Payment Partners, you may initiate a Payment Transaction from an Automated Clearing House enabled Bank Account (“ACH Payments”). For ACH Payments, your use of Guest Pay to initiate a Payment Transaction to a Merchant will include your consent and authorization for our Payment Providers to initiate and process debits and credits from your Payment Account in accordance with your instructions. You acknowledge that all electronic ACH transfers requested by you through Guest Pay or processed by BILL or our Payment Partners are subject to the Operating Rules of the National Automated Clearing House Association and all other applicable laws, rules, and regulations, which may include the Uniform Commercial Code Article 4A. You understand and agree that it may take more than 60 days for our Payment Partners to receive notice of the return of an ACH debit and/or to exercise any rights granted under these terms. You agree at all times to maintain sufficient funds in your Payment Account to fund ACH transactions you initiate through BILL Guest Pay, including returns and reversals.

Rights We Reserve. BILL or our Payment Partners may delay payment processing of suspicious transactions or transactions that may involve fraud, misconduct, or violate applicable law, the Terms, or other applicable BILL policies, as determined in BILL’s or our Payment Partners’ discretion. You agree to cooperate with BILL and provide any information that may be reasonably requested by BILL in its investigation of invalidated or refused transactions. At its sole discretion, BILL may impose limits on the number and/or the frequency of invoices you can pay using Guest Pay.

No Office of Foreign Assets Control (“OFAC”) Sanctions: You represent and warrant that: (a) You are not located in a country that is subject to U.S. Government sanctions or embargoes, including Iran, Syria, Cuba, North Korea, and the Crimea region of Ukraine, or are a State Sponsor of Terrorism as defined by the US Department of State, or are a person, group or entity that has been designated by the U.S. Government as a Specially Designated National (SDN); and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.

Acceptable Use: When you initiate a Payment Transaction, you acknowledge and agree that your Payment Transaction is not a prohibited payment type that would violate BILL’s Terms of Service or Third Party Provider's list of Prohibited and Restricted products & services.

Your Data. When You initiate a Payment Transaction, BILL may pass details of Your eligible Payment Method and related information to one of our Payment Partners so that it can process Your Payment Transaction. Your payments to Merchants are processed by one of our third-party service providers (individually and collectively, “Payment Partners”). The Payment Partner that processes Your payment will depend on the features enabled by the Merchant You are paying and how You choose to pay the Merchant. In processing Your Payment Transactions to Merchants, our Payment Partners use Your payment information in accordance with BILL’s agreements with the Payment Partners, BILL’s Terms, and as described in the Payment Partners’ privacy policies. BILL may also collect certain information from You (or receive it from the Payment Partners), which we use in accordance with the BILL Privacy Notice.

We may offer features to allow You to store Your payment information with the Payment Partner or create a BILL account for future payments. If You choose to enable these features but then subsequently wish to delete or modify stored payment information, please contact us. In order to save a Payment Method, You must complete all required information on any forms presented to You. The information must be current, complete, and accurate.

BILL Disclaimers. BILL is not Your bank, agent, or trustee or otherwise involved in the flow of Your funds or Payment Transactions. Any payment dispute must be resolved between the Merchant and You.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BILL.COM MAKES NO WARRANTY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR PAYMENT TRANSACTIONS OR ANY DISPUTES, CHARGEBACKS, OVERCHARGES, DELAYED PAYMENTS, INSUFFICIENT FUNDS, EXPIRED PAYMENT CARDS, CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING WITHOUT LIMITATION POWER OUTAGES, SERVICE INTERRUPTIONS OR OTHERWISE) OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH BILL.COM GUEST PAYMENTS.

Disputes can arise from both authorized and unauthorized transactions. BILL is not responsible for or liable to You for authorized and completed charges or payments related to Your Payment Transactions that are later the subject of a dispute, refund, or reversal, are submitted without authorization or in error, or violate any laws.

Fees. BILL does not charge End Customers a separate fee for using BILL Guest Pay.

Modifications. Notwithstanding anything to the contrary, we may modify, suspend or terminate Guest Pay or these Payments Terms at any time. Modifications to these Payments Terms will be effective upon posting and will apply for any future payments You make through BILL Guest Pay.