TERMS AND CONDITIONS OF
THE ELECTRONIC BILL DELIVERY AND PAYMENT
SERVICE FOR THE ANDOVER COMPANIES
HOSTED BY BILLTRUST.
"Andover" means The Andover Companies, including Merrimack Mutual Fire Insurance Company,
Cambridge Mutual Fire Insurance Company, and Bay State Insurance Company.
"Agreement" means these Terms and Conditions of the Electronic Bill Delivery and
Payment Service for The Andover Companies hosted by BILLTRUST
"Authorized User" is any individual whom you allow to use the Service (as defined
below) or your password or other means to access your Service account.
"Bill" means the electronic policy invoice from Andover.
"Bill Payment" is a payment that is initiated by you through the Service to
"Business Days" are Monday through Friday, with the exception of legal holidays, certain other
dates on which Andover’s offices are scheduled in advance to be closed, and occasional days on which
there may be unscheduled closures due to inclement weather or other unforeseen
circumstances. Scheduled office closures are listed on Andover’s website.
"Customer Service Hours" means 8:15 a.m. through 4:30 p.m. on
Business Days, with the exception of certain days on which Andover’s office are scheduled to close early.
"Due Date" is the date reflected on your Bill for which the Bill Payment is due;
it is not the late date or grace period.
"Payment Account" is the checking, savings, or credit card account that you will
use to make your Bill Payment, as applicable, depending on which Bill Payment
method you select.
"EFT Payment Account" is the checking or savings account from which your Bill
Payment will be debited, by means of an electronic fund transfer (“EFT”), if you
select EFT as your Bill Payment method.
"Credit Card Payment Account" is the credit card account to which your Bill
Payment will be charged if you select a credit card as your Bill Payment method.
"Notice of Cancellation" means a notice that your
policy may or will be cancelled at a future date due to non-payment of policy
premiums or for other reasons.
"Payment Instruction" is the information provided by you to the Service (such
as, but not limited to, your Andover policy number, Payment Account information,
Scheduled Payment Date, and amount to be paid) for a payment to be made to
"Scheduled Payment" is a Bill Payment that has been scheduled through the
Service but has not begun processing.
"Scheduled Payment Date" is the day you want Andover to receive your Bill Payment.
"Service" means the Electronic Bill Delivery and Payment Service for Andover hosted by BILLTRUST.
"Service Account" means the online, password-protected user profile that you
establish for your use of the Service.
"You" and "your" refer to the individual who is accepting the payment
Service from Andover, hosted by BILLTRUST.
BILL PAYMENT SCHEDULING
When scheduling Bill Payments, you must select a Scheduled Payment Date that is
no later than the actual Due Date reflected on your Bill. In the case of a
Notice of Cancellation due to non-payment of your policy premium, you must
select a Scheduled Payment Date that is at least one (1) day prior to the date
of cancellation stated on the notice.
If you initiate a same-day payment (that is, if you select a Scheduled Payment
Date that is the same as the date on which you submit your Payment Instruction),
you must do so prior to 3:00 p.m. Eastern Time (ET) in order to have the payment
applied to your Andover policy that day. If your Payment Instruction is not
submitted prior to 3:00 p.m. ET on the Scheduled Payment Date, then your payment
will not be applied to your Andover policy until the following Business Day.
You may pay only the exact amount due or entire balance of the policy as stated
on the Bill. Partial payments will not be accepted. Only current Bills may be
paid. The amount due stated in a Notice of Cancellation for non-payment of your
policy premium must be paid at least one (1) day prior to the date of
cancellation stated on the notice. No payment will be accepted on a Notice
of Cancellation where the reason for cancellation is one other than non-payment
of policy premiums. Please contact your agent or Andover
regarding payment on a Notice of Cancellation that is issued for a reason other
than non-payment of policy premiums.
All Bill Payments made from an EFT Payment Account will be processed as
electronic funds transfers, and the funds may be debited from your EFT Payment
Account as early as the Scheduled Payment Date. A check will not be returned to you by your financial institution. Bill
Payments made from a Credit Card Payment Account will be processed in accordance
with the terms specified by your credit card issuer.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with the
information for the Andover policy on which you wish to
make payments, you
authorize the Service to follow the Payment Instructions that it receives
through the payment system. In order to process payments more efficiently and
effectively, payment data or data formats may be edited or altered in accordance
with Andover directives. When the Service receives a
Payment Instruction, you authorize your EFT Payment Account to be debited or
your Credit Card Payment Account to be charged, as applicable, and the funds to
be remitted on your behalf so that the funds arrive as close as reasonably
possible to the Scheduled Payment Date designated by you. If you choose to
utilize a Credit Card Payment Account, you understand and acknowledge that
Andover and BILLTRUST do not perform any identity verification on such Credit Card
Payment Accounts. You certify that any Payment Account you add to your profile
is an account from which you are authorized to make payments, and any payment
you make using the Service will debit/charge a Payment Account that you are
legally authorized to use. BILLTRUST and Andover will use their best efforts to process
and deliver your payments to Andover. However, neither BILLTRUST nor Andover shall incur
liability if BILLTRUST or Andover is unable to complete any payments initiated by you
because of the existence of one or more of the following circumstances:
Provided none of the foregoing exceptions is applicable, if the Service causes
an incorrect amount of funds to be removed from your Payment Account or causes
funds from your Payment Account to be directed in a way which does not comply
with your Payment Instructions, the improperly transferred funds will be
returned to you, and any previously misdirected funds will be directed to
PAYMENT CANCELLATION AND STOP PAYMENT REQUESTS
You may cancel a Scheduled Payment prior to 3:00 p.m. ET on the Scheduled
Payment Date by following the directions within the Service’s online payment
application. There is no charge for canceling a Scheduled Payment.
However, a Bill Payment cannot be cancelled through the Service on or after the
Scheduled Payment Date at 3:00 p.m. ET.
On or after the Scheduled Payment Date at 3:00 p.m. ET, you may not stop payment of
electronic fund transfers from an EFT Payment Account. Therefore, you should not
employ such a payment method unless you are satisfied that you will not need to
Similarly, on or after the Scheduled Payment Date at 3:00 p.m. ET,, Andover cannot
assist with a cancellation request for a Bill Payment from a Credit Card Payment
Account. On or after the Scheduled
Payment Date at 3:00 p.m. ET, any inquiries about whether you may cancel a Bill
Payment from a Credit Card Payment Account should be directed to your credit
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole
responsibility to contact Andover directly if you do not receive your Andover Bill.
Information provided to Andover. The Service has no capability to update or change your personal information, such
as, but not limited to, name, address, phone number(s) and e-mail address(es),
that you have established with Andover. Any changes to such information will need to be made by
contacting Andover directly. Additionally, it is your responsibility to maintain all user names and
passwords for your Service Account. You
also agree not to use someone
else's information to gain
unauthorized access to
another person's Bill. Andover
shall have the right to access your email address, service address or other data
you provided the Service at the time of activating the electronic bill
Activation. Upon activation of the electronic bill feature, the
presentment of your first Bill may vary and may take up to sixty (60) days,
depending on Andover’s billing cycle. While your electronic bill feature is being activated, it is your
responsibility to keep your accounts current.
reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data. Your activation of the electronic bill
feature for an Andover policy shall be deemed to be your authorization for the Service to obtain bill data from
Andover on your behalf. You may be asked to provide the Service with your policy number and other
information associated with your Andover policy, and to create a username and password for access to your Service
Account. By providing the Service with such information, you authorize the use
of the information to obtain your bill data.
Notification. Best efforts will be used to present all of your Bills
promptly. In addition to notification within the Service, you may receive e-mail
notification to the e-mail address listed for your Andover
policy. It is your sole responsibility to
ensure that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically log on to the Service
and check on the delivery of new electronic bills. You are responsible for
ensuring timely payment of all Bills.
Cancellation of electronic bill notification.
reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill
presentment at any time. The timeframe
for implementing cancellation of your
presentment may vary and may take up to
sixty (60) days, depending on
Andover’s billing cycle. Neither Andover nor BILLTRUST will be responsible for presenting any electronic
bills that are already in process as of the time of cancellation.
Non-Delivery of electronic bill(s). You agree to hold BILLTRUST harmless should
fail to deliver your Bill(s). You are responsible for ensuring timely payment of
Accuracy and dispute of electronic bill. BILLTRUST is not responsible for the
accuracy of your Bill(s). BILLTRUST is only responsible for presenting the information
it receives from Andover. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or
detail must be addressed with Andover
directly. This Agreement does not alter your liability or obligations that
currently exist between you and Andover.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access
your Service Account to any unauthorized individuals. You are responsible for
all payments you authorize using the Service. If you permit Authorized Users or
other persons to use the Service or your password or other means to access your
Service Account, you are responsible for any transactions they authorize. If you
believe that your password or other means to access your Service Account has
been lost or stolen or that someone may attempt to use the Service without your
consent or has transferred money without your permission, you must notify
Andover at once by calling 1-800-225-0770 during Customer Service Hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell Andover
within four (4) Business Days after you discover that your password or other
means to access your Service Account has been lost or stolen, your liability is
no more than $50.00 should someone access your Service Account without your
permission. If you do not tell Andover
within four (4) Business Days after you learn of such loss or theft, and
Andover can prove that we could have prevented the unauthorized use of your
password or other means to access your Service Account if you had told us, you
could be liable for as much as $500.00. If your monthly financial institution
statement contains transfers through the Service that you did not authorize, you
must tell Andover at once. If you do not tell Andover within ninety (90) days after the statement was sent
to you, you may lose
any amount transferred through
the Service without
your authorization after
the ninety (90) days if
Andover can prove that we could have stopped someone from taking the money
had you told Andover in time. If a good reason (such as a long trip or a hospital stay) prevented you from
telling Andover, we may extend the period.
In Massachusetts only: if you discover that your password or other means to access your Service
Account has been lost or stolen, you should notify Andover as soon as possible. You may be liable for
unauthorized electronic fund transfers, not in excess of $50.00, that occur
before you notify Andover that an unauthorized electronic fund transfer has
occurred or may occur as a result of the loss or theft.
INQUIRIES AND SUSPECTED ERRORS
If you have any questions about your Service transactions or think there is an
error with respect to a Service transaction, you should as soon as possible
notify Andover via one of the following:
The Andover Companies
95 Old River Road
Andover, MA 01810
Whether you contact Andover by telephone or in writing, you must:
If your inquiry, or a suspected error,
with respect to a Service transaction concerns an entry in an EFT Payment
Account statement from your financial institution, Andover must hear from you no
later than ninety (90) days after the FIRST statement was sent to you on which
the problem or error appears. If you tell Andover verbally, we may require you to submit a written confirmation within ten (10) Business
Days after your verbal notification. We will tell you the results of our
investigation within ten (10) Business Days after we hear from you, and will
correct any error promptly. However, if we require more time, we reserve the
right to take up to forty-five (45) days to complete our investigation, in which
case we will provisionally credit your EFT Payment Account within ten (10)
Business Days for the amount you think is in error. If we ask for a written
confirmation and we do not receive it within ten (10) Business Days, we will not
provisionally credit your EFT Payment
Account. If it is determined
there was no error we will mail
you a written explanation
within three (3) Business
Days after the completion of our investigation and may revoke any provisional
credit provided to you. You may ask for copies of documents used in our
Any documentation you receive from the Service which indicates than an
electronic fund transfer was made shall be admissible as evidence of such
transfer and shall constitute prima facie proof that such transfer was made.
DISCLOSURE OF INFORMATION
The Service will not disclose information to others concerning your Payment
Account, or your electronic fund transfers using the Service, except as follows:
SERVICE FEES AND ADDITIONAL CHARGES
Any financial fees associated with your standard deposit accounts will continue
to apply. You are responsible for any and all telephone access fees and/or
internet service fees that may be assessed by your telephone and/or Internet
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting that payments be made to
from your Payment Account. If the transaction cannot be completed for any reason
associated with your Payment Account (for example, there are insufficient funds
in your EFT Payment Account, or an insufficient credit limit on your Credit Card
Payment Account, to cover the transaction), no payment will be made to Andover,
and you will receive notification. In
each such case, you agree that:
ALTERATIONS AND AMENDMENTS
This Agreement and applicable fees or service charges may be altered or amended
by Andover from time to time. In such event, you shall be provided notice.
Any use of the Service after you have
been provided notice of change will constitute your agreement to such change(s).
Further, applications, services, and/or related material may be revised from
time to time, which may render all such prior versions obsolete. Consequently,
reserves the right to terminate this Agreement as to all such prior versions of
the applications, services, and/or related material and limit access to only the
Service's more recent revisions
and updates. You agree to receive
by electronic communication any notice, communication, amendment or
replacement to the Agreement, or any disclosure required to be provided orally
or in writing to you. You agree to receive any electronic communication provided
to you and will not attempt to avoid receiving any such communication. You are
deemed to have received any electronic communication provided to you when it is
made available to you.
INELIGIBILITY FOR THE SERVICE
You will not be eligible to use the Service to make Bill Payments for your
Andover policy if any of the following conditions exists:
Even if you have previously been making Bill Payments using the Service, your
policy will immediately become ineligible
for any further Bill Payments using the Service if (1) the policy becomes
mortgagee-billed, (2) the policy becomes agency-billed, (3) you enroll in the
Recurring EFT Premium Payment Plan for payment of the policy premiums, or (4)
the policy is cancelled.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your
Service Account user profile is current and accurate. This includes, but is not
limited to, name, address, phone number(s) and e-mail address(es). Changes can
be made either within the Service’s payment application or by contacting
Andover. Any changes in your Payment Account
should also be made in accordance with the procedures outlined within the
application's help files. All changes made are effective immediately for
scheduled and future payments paid from the updated Payment Account information.
Neither BILLTRUST nor Andover
is responsible for any payment processing errors or fees incurred if you do not
provide accurate Payment Account or contact information.
You may cancel the Service at any time, but the cancellation shall not affect
the liabilities or obligations you had already incurred under this Agreement. If you wish to cancel the
Service you may do so by:
The Andover Companies
95 Old River Road
Andover, MA 01810
Whether you contact Andover by telephone or in writing, you must tell us your name,
Andover policy number, and Service Account number.
Any payment(s) already processed through the Service before the requested
cancellation date will be completed by the Service. No Scheduled Payments will
be processed once the Service is cancelled.
In using the Service, you understand that Andover may return payments for
various reasons, such as, but not limited to: the Andover policy number is not
valid or cannot be located, the policy is cancelled, or the Andover premium is
paid in full. In these instances,
payments will be returned in the form of a check.
You agree that the information you provide to the Service can go through a
verification process. You agree that Andover reserves the right to obtain financial information regarding your Payment Account from
your financial institution (for example, to resolve payment posting problems or
for verification). In addition, you agree that Andover reserves the right to request a review of your credit rating at its own expense through
an authorized bureau.
In the event of a dispute regarding The Bill Delivery And Payment Service For
The Andover Companies Hosted By BILLTRUST, you, BILLTRUST, and Andover 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, BILLTRUST, and Andover
which supersedes any proposal or prior agreement, oral or written, and any other
communications between you, BILLTRUST, and Andover relating to the subject matter of this Agreement. If there is a conflict between what an employee of BILLTRUST or
says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. BILLTRUST or
Andover may assign this Agreement to any future, directly or
indirectly, affiliated company. BILLTRUST or Andover
may also assign or delegate certain of its rights and responsibilities under
this Agreement to independent contractors or other third parties.
Neither BILLTRUST nor Andover
shall be deemed to have waived any of their rights or remedies hereunder unless
such waiver is in writing and signed by BILLTRUST and Andover. No delay or omission on the part of BILLTRUST and/or
in exercising any rights or remedies shall operate as a waiver of such rights or
remedies or any other rights or remedies. A waiver on any one occasion shall not
be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control
or affect the meaning or construction of any of the provisions of this
This Agreement shall be governed by and construed in accordance with the laws of
the State of Massachusetts, without regard to its conflicts of laws provisions.
ENTIRE AGREEMENT AND LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE ENTIRE AGREEMENT BETWEEN YOU AND BILLTRUST AND/OR ANDOVER WITH RESPECT TO THE SERVICE,
AND THE BASIS FOR BILLTRUST’s AND ANDOVER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL BILLTRUST OR
ANDOVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY
THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE
EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions of this Agreement
shall be unaffected thereby and shall remain in full force and effect to the
fullest extent permitted by law.
YOU HAVE THE OPTION TO HAVE A COPY
OF THESE TERMS AND CONDITIONS PROVIDED TO YOU IN PAPER FORM BY CONTACTING
ANDOVER AT 1-800-225-0770 AND REQUESTING THAT A COPY BE MAILED TO YOU.
WITHDRAW YOUR CONSENT FOR FUTURE AMENDMENTS, CORRESPONDENCE, OR NOTICES RELATING
TO THESE TERMS AND CONDITIONS TO BE PROVIDED ELECTRONICALLY, AND
MAY REQUEST TO RECEIVE THE SAME IN PAPER FORM, BY CONTACTING ANDOVER
Please note that an Internet browser is required
to utilize the Service and to access information electronically through
the Service. The browsers currently
supported by the Service are listed below (supported browsers may be subject to
change or update from time to time):
Microsoft Internet Explorer (IE) v7 and higher;
Firefox v3.6 and higher; Safari 5 and higher; or Chrome 12 and higher
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