D & A Services, ONLINE ACCOUNT PAYMENT SERVICE TERMS AND CONDITIONS
These terms and conditions are designed to provide you with information regarding our Online Payment Service (the "service") and outline important conditions which apply to the use of this service. This service is provided by D & A Services. The service is subject to certain consumer bank regulatory protections described in the Electronic Fund Transfers Act and regulations issued by the Federal Reserve Board. When you initiate an online payment with D & A Services, you and any person you authorize to perform functions on your account agree to these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully in their entirety. We also suggest that you print a copy of these Terms and Conditions for your records.
1. Services Offered.
D & A Services's Online Payment Service allows you to authorize D & A Services to initiate Automated Clearing House (ACH) debit transaction(s) from your bank account to pay towards your account balance currently held by D & A Services. The Service is only accessible using your reference number and other required information. You agree not to provide your personal information to anyone not authorized to sign on to your account and make payments on your behalf.
2. Payments.
Any payments made through this website are considered voluntary. By processing a payment for less than the full balance owed, we are not agreeing to a payment arrangement unless confirmed by our office. Payments made shall be applied to the balance of your account unless other arrangements have been confirmed by our office. Making a payment via this website will not suspend further collection activity unless confirmed by our office. All payments made via this website are final.
2. Erroneous Instructions.
We will use all reasonable efforts to process your payments properly using the information you provide. Our system is designed to alert you throughout the use of the service should errors occur. However, if we receive a payment instruction authorized by you (or an authorized user) and the instruction is erroneous in any way, we shall not be liable for the error.
3. Transaction Limitations.
Be advised that some bank accounts have limits on the numbers or amounts of transfers or withdrawals that may be made within a given time period. Your financial institution may refuse transactions that exceed these limits. We recommend you check with your financial institution to determine what limitations may apply to your account. Be advised that online payments will only be accepted from U.S. bank accounts and we will not be able to process requests to international bank accounts. If we are not able to debit the amount required to cover an authorized payment from your account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, etc., caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once.
4. Cutoff Hours.
If we receive payment authorizations from you on or before 3:00 p.m. Central Standard Time on a business day, we will attempt to debit the funds from your account on that business day. Otherwise, the funds will be debited from your account on the next business day. Once the ACH authorization is given, we cannot stop the debit from your account.
5. Fees.
Your financial institution may impose fees in connection with your use of this service or otherwise. Said fees are not charged by or associated with D & A Services, and D & A Services will not be held responsible for the imposition of any such fees.
6. Electronic Disclosures.
We are required to provide you with certain disclosures and notices which are mandated by various laws and rules. You consent to receive all such disclosures electronically. All such disclosures will be provided to you either electronically or via U.S. Mail, as mandated by law and the policies and procedures of D & A Services.
7. Privacy Policy.
Information collected through this site is only for purposes directly associated with making a payment on your account. Such information may include: name, address, phone number and email address. By using this website, you acknowledge that this information will be provided to the current creditor of your account. Your information is for internal use only and will not be sold or provided to any other third party for marketing or any other purpose.
8. Your Liability.
You agree to review and verify all transactions either through our service at the time of entry or through the monthly statements received from your financial institution holding the account used in the ACH debit transaction. You agree to notify us IMMEDIATELY if you believe that there has been an unauthorized access to this service. You must contact us by telephone IMMEDIATELY if you believe any of the above to have occurred.
10. Errors or Questions Regarding Transactions.
ALL QUESTIONS ABOUT TRANSACTIONS USING THE SERVICE MUST BE MADE DIRECTLY TO D & A Services AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT MAY BE LOCATED. We are responsible for the service and for resolving any errors in transactions made using the service. There are two ways to contact us if you believe there has been an error or unauthorized transaction, telephone D & A Services at (877) 314-4308, or write to
D & A Services, Accounting Department
1400 E. Touhy Ave. Suite G2
Des Plaines, IL 60018
If you have any questions about a transaction initiated using our service, call or write us at the number and address listed above.
11. Change in Terms.
These terms and conditions may change over time. We will post any changes on the service and will send you any legally required notice. Prior notice may not be given, however, where an immediate change is necessary for security purposes.
12. TCPA Notice.
You agree to give us consent to dial any phone numbers we have on record, including all cell phone numbers associated with your account through our automated dialer.
13. Limitations.
You agree that neither we nor any party involved in creating or delivering this service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of this service. We assume no responsibility for and will not be liable for any damages to or any viruses which may affect your computer equipment or other property on account of your access to, use of or downloading from our web site or use of our service.
14. No Waiver.
Failure to enforce any of our rights under these terms and conditions, our internal Policies or applicable laws, shall not be deemed to constitute a waiver of such right or any other rights under these terms and conditions or under the law.
15. Severability.
If any provision of these documents is found by a court to be invalid, then the remaining terms and conditions shall remain in full force and effect.
STATE & FEDERAL DISCLOSURES
This communication is from a debt collector attempting to collect this debt for the current creditor and any information obtained will be used for that purpose.
Important State Consumer Disclosures: The disclosure(s) contained under each respective State/City only apply to you, the Consumer, if you reside in that respective State/City.
California Residents Only
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. You may request records showing the following: (1) that Current Owner has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor's or debt buyer's records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.
Colorado Residents Only
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. Our local office and Resident Manager information is as follows: 13111 East Briarwood Avenue #340 Centennial, CO 80112 (303) 768-0200
Massachusetts Residents Only
NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE DEBT COLLECTOR.
Minnesota Residents Only
This collection agency is licensed by the Minnesota Department of Commerce.
New York Residents Only
(1) That debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:
(i) the use or threat of violence;
(ii) the use of obscene or profane language; and
(iii) repeated phone calls made with the intent to annoy, abuse, or harass.
(2) If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:
1. Supplemental security income, (SSI);
2. Social security;
3. Public assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6. Disability benefits;
7. Workers’ compensation benefits;
8. Public or private pensions;
9. Veterans’ benefits;
10. Federal student loans, federal student grants, and federal work study funds; and
11. Ninety percent of your wages or salary earned in the last sixty days.
New York City Residents Only
New York City Department of Consumer Affairs License Numbers: 2024361-DCA, 2024421-DCA, 2092157-DCA.
Please contact us to confirm your preferred language for future communications. All communications are in English with the following exception: Spanish-speaking agents are available by phone upon request and other telephone translations may be available through Certified Languages International, a third party service provider. Written communications may be available in Spanish upon request. A translation and description of commonly-used debt collection terms is available in multiple languages at www.nyc.gov/dca.
North Carolina Residents Only
NC Permit 112866; 1400 E Touhy Ave., Ste G2, Des Plaines, IL 60018
NC Permit 112910; 11111 Wilcrest Green, Suite 225, Houston, TX 77042
NC Permit 114143; 570 Carillon Parkway, Ste 103, St. Petersburg, FL 33716
Tennessee Residents Only
This collection agency is licensed by the Collection Service Board of State Department of Commerce and Insurance.
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