TERMS AND CONDITIONS OF

THE ELECTRONIC BILL DELIVERY AND PAYMENT SERVICE FOR THE ANDOVER COMPANIES

HOSTED BY BEST PRACTICE SYSTEMS INC.

 

DEFINITIONS

“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 Bill Delivery and Payment Service for The Andover Companies hosted by Best Practice Systems, Inc.

"Authorized User" is any individual whom you allow to use the Service or your password or other means to access your account.

“Bill” means the electronic policy invoice from Andover.

"Bill Payment" is a payment that is initiated by you through the Service to Andover.

“BPS” means Best Practices Systems, Inc. 

"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 or savings account from which your Bill Payment will be debited.

"Payment Instruction" is the information provided by you to the Service (such as, but not limited to account number, Scheduled Payment Date, and amount to be paid) for a payment to be made to Andover.

"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 your Andover to receive your Bill Payment and is also the day your Payment Account may be debited.

"Service" means the Electronic Bill Delivery and Payment Service for The Andover Companies hosted by Best Practice Systems, Inc.

"You" and "your" refer to the individual who is accepting the payment Service from Andover and Best Practice Systems, Inc.

 

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, you must select a Scheduled Payment Date that is at least one (1) day prior to the date of cancellation stated on the notice. 

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 must be paid 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.  Please contact your agent or Andover regarding payment on a notice of cancellation for a reason other than non-payment.

All Bill Payments will be processed as electronic funds transfers, and the funds will be debited from your Payment Account on the Scheduled Payment Date, or the next business day, if the scheduled payment falls on a non-business day.  A check will not be returned to you by your financial institution.

 

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with the account information of the Andover account to which you wish to direct 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 the Payment Account to be debited 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. 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. BPS and Andover will use their best efforts to process and deliver your payments to Andover. However, neither BPS nor Andover shall incur liability, and any Service Guarantee shall be void, if BPS or Andover is unable to complete any payments initiated by you because of the existence of one or more of the following circumstances:

      1.   If, through no fault of BPS or Andover, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

  1. The payment processing center is not working properly and you know or have been provided notice about the malfunction before you execute the transaction;
  2. You have not provided the Service with the correct Payment Account information, or the correct Andover account information; and/or,
  3. Circumstances beyond control of BPS and/or Andover (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and BPS and/or Andover have taken reasonable precautions to avoid those 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 your Payment Account, and any previously misdirected funds will be directed to Andover.

 

PAYMENT METHODS

Andover and BPS reserve the right to select the method by which funds will be remitted on your behalf to Andover. These payment methods include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

 

PAYMENT CANCELLATION REQUESTS

You may cancel or edit a Scheduled Payment by following the directions within the application.  There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing any Bill Payment, it cannot be cancelled or edited.

 

STOP PAYMENT REQUESTS

You may not stop payment of electronic fund transfers. Therefore, you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

 

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 the Andover site. 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 presentment. 

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. Additionally, the provision of a paper copy of your statement to you is at the sole discretion of Andover. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Andover 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 account 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 user name and password for that 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 account. 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 modification. Andover 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 cancellation of your electronic bill presentment may vary and may take up to sixty (60) days, depending on Andover’s billing cycle. Neither Andover nor BPS 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 BPS harmless should Andover fail to deliver your statement(s). You are responsible for ensuring timely payment of all Bills.

Accuracy and dispute of electronic bill. BPS is not responsible for the accuracy of your Bill(s). BPS 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 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 account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your 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 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.

 

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:

·         Telephone us at 1-800-225-0770 during customer service hours;

·         Write us at:

The Andover Companies

95 Old River Road

Andover, MA  01810

Whether you contact Andover by telephone or in writing, you must:

1.   Tell Andover your name and Service account number;

2.      Describe the transaction in question and explain as clearly as possible

why you need more information or why you believe there is an error; and

3.   If you believe there is an error in the dollar amount, state the amount.

 

If your inquiry, or a suspected error, with respect to a Service transaction concerns an entry in a 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 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 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 investigation. 

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.

 

PRIVACY POLICY

The Service's policy with respect to use of your information will be in accordance with Andover’s privacy statement, which can be accessed at:

https://www.andovercos.com/agent/documents/1282077433892PrivacyNotice100108.pdf

 

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 service provider.

 

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting that payments be made to Andover 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 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: 

1.         You are responsible for remitting payment to Andover by the Due Date or your policy may be subject to cancellation,

2.         You may be assessed a fee by your financial institution as a result of the returned    payment.

3.         The facts concerning the return may be reported to a credit reporting agency,

4.         In the event that Andover receives two (2) returned items from you, you will be unenrolled from the Service and Andover will require a bank check or money order as payment.

 

ALTERATIONS AND AMENDMENTS

This Agreement and applicable fees or service charges may be altered or amended by  BPS or 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, BPS and Andover reserve 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.

 

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your 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 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 BPS nor Andover is responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE CANCELLATION

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:

 

·         Writing Andover at:

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 and 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.

 

RETURNED PAYMENTS

In using the Service, you understand that Andover may return payments for various reasons, such as, but not limited to: the Andover account number is not valid or cannot be located, or the Andover account is paid in full.  In these instances, Andover will return the payment to you in the form of a check.

 

INFORMATION AUTHORIZATION

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.

 

DISPUTES

In the event of a dispute regarding The Bill Delivery And Payment Service For The Andover Companies Hosted By Best Practice Systems Inc., you, BPS, 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, BPS, and Andover which supersedes any proposal or prior agreement, oral or written, and any other communications between you, BPS, and Andover relating to the subject matter of this Agreement.  If there is a conflict between what an employee of BPS or Andover says and the terms of this Agreement, the terms of this Agreement will prevail.

 

ASSIGNMENT

You may not assign this Agreement to any other party. BPS or Andover may assign this Agreement to any future, directly or indirectly, affiliated company. BPS or Andover may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

NO WAIVER

Neither BPS nor Andover shall be deemed to have waived any of their rights or remedies hereunder unless such waiver is in writing and signed by BPS and Andover. No delay or omission on the part of BPS and/or Andover 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.

 

CAPTIONS

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 Agreement.

 

GOVERNING LAW

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 BPS AND/OR ANDOVER AND THE BASIS FOR BPS’s AND ANDOVER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.  IN NO EVENT SHALL BPS 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.

 

SEVERABILITY

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. 

 

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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.

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