This Agreement contains the guidelines for using, and the terms and conditions governing use of the Tennessee Child Support Internet Payment Web Site (IPWS), a service of the Tennessee CSE SDU. The following terms and conditions apply to the IPWS. By accessing the TN Child Support IPWS, you indicate your acknowledgment and acceptance of these terms and conditions.
NOTICE REGARDING MANDATORY INCOME WITHHOLDING
If you are a non-custodial parent and your child support order requires income withholding, the child support agency may take withholding action or any other collection action without further notice to you, even if you make or have made payments through the IPWS. Child support payments made through an Internet web site will not replace federally mandated income withholding.
This statement of Terms and Conditions is called the Agreement and contains the rules and responsibilities of all participants in the TN Child Support IPWS.
In this Agreement, capitalized terms shall have the meaning set forth in this section:
Automated Clearing House (ACH) Network is the funds transfer system, governed by the National Automated Clearing House (NACHA) Operating Rules that provides for the interbank clearing of electronic entries for participating financial institutions.
Bank Account means the checking or savings account from which all Internet payments will be made. Your Bank Account must be held at a financial institution within the United States. You must be an authorized signer on the account in order to authorize a bank draft against the bank account.
Business Day means Monday through Friday, excluding state, federal, and Federal Reserve holidays.
CSE SDU means the state disbursement unit for the child support enforcement program authorized by Title IV, Part D, Section 454B of the Social Security Act and applicable Federal and Tennessee law and regulations. The Tennessee CSE SDU is operated by a private entity under contract with the State of Tennessee to perform child support payment processing functions.
Internet Payment Web Site Account refers to the account that you have registered with the IPWS.
Initiated means the creation of an Internet web payment by entering Payment Instructions and scheduling a payment with the TN IPWS.
TN. Child Support IPWS means the Tennessee Child Support Internet Payment Web Site used for processing child support payments via the Internet.
Non-Business Days are Saturday, Sunday, and state, federal, and Federal Reserve Holidays.
Password is the unique sequence of alpha/numeric characters you have designated to secure access to your Internet Payment Web Site Account. It is important to remember and protect your password.
Payment Delivery Date is the date you select for the payment to be drafted from your bank account and credited to your child support account. If the Payment Delivery Date falls on a Non-Business Day the funds will be withdrawn the next Business Day.
Payment Instructions means the information provided by you for identification of a web payment to be made to a child support case(s) (such as, but not limited to the, non-custodial parent's name, non-custodial parent's social security number, non-custodial parent's Case ID, payment amount, and payment date).
Posted Date is the Business Day the payment is applied to your child support account.
Processing Period is the period of time from two Business Days prior to the Payment Delivery Date and continuing up to the Posted Date.
Regulation E is the regulation promulgated by the Federal Reserve Board of Governors in order to ensure consumers of a minimum level of protection in disputes arising from electronic funds transfers.
Scheduled Payments are any Internet payments that you have Initiated but which are not within the Processing Period.
We, Us, and, Our(s) refer to the TN Child Support Program, the TN Child Support IPWS, and/or its agents.
User ID is the unique sequence of alpha/numeric characters you have chosen at the time of registration to identify yourself to TN. Child Support IPWS.
You and Your(s) refer to each person who registers to use the TN Child Support IPWS, and each person who uses the TN Child Support IPWS with the permission of a registered user. You may be a non-custodial parent making payments on your own behalf; you may be an employer withholding funds from a non-custodial parent at the direction of TN, or any other party making payments on behalf of someone else.
II. USER REQUIREMENTS
In order to use the TN Child Support IPWS Web Site, you must be a legal owner of the Bank Account, which you register with the TN Child Support IPWS if you are requesting we initiate ACH Debit payments. You must also have a valid e-mail account and access to the Internet.
III. USING THE TN CHILD SUPPORT PAYMENT WEB SITE SERVICE
Once you have submitted the information necessary to register within the TN Child Support IPWS and we have verified your Bank Account through the ACH network, you will be mailed, through the US Postal Service, your User ID and Password. This Password is the confidential security code that is required for access to your Internet Payment Web Site Account the first time you sign on, or to request any administrative assistance from TN. Child Support IPWS Customer Service staff during the life of your TN Child Support IPWS Account.
By registering with the TN Child Support IPWS and providing the information to correctly identify the child support account on which to apply child support payments, you authorize TN Child Support IPWS to follow the Payment Instructions. When TN. Child Support IPWS receives a Payment Instruction, you authorize TN. Child Support through the TN Child Support IPWS to debit your Bank Account and apply the payment(s) on the Payment Delivery Date.
Once it is determined that your TN Child Support IPWS Payment request was successfully completed, you will receive a confirmation number and confirmation will be sent to you by e-mail.
You may cancel or edit Scheduled Payments by following the directions within the application. There is no charge for canceling or editing Scheduled Payments. We may not have a reasonable opportunity to act on any cancellation or edit order given after a payment is in the Processing Period and it is not possible to cancel or edit a payment that has been Posted.
If you would like information about attempting to cancel or edit any payment that is in the Processing Period, you must call the TN Child Support IPWS Customer Service Unit at 800-838-6911. The hours are Monday-Friday, 7:00 a.m. to 4:30 p.m., Central Standard Time (CST), excluding state and federal holidays. Although we will make every effort to accommodate your request we will have no liability for failing to do so.
Cancellation or edit requests received by the TN Child Support IPWS within two Business Days prior to the scheduled payment date (i.e., within the Processing Period) will be accepted only if we have a reasonable opportunity to act on such requests. If you call, the TN Child Support IPWS Customer Service staff, they will also require you to present your request in writing.
LIMITATIONS ON USE
TN Child Support IPWS reserves the right to limit your use of the Internet payment service by imposing limits, hold times, or other measures if we believe that suspicious activity has occurred or may occur.
TERMINATION OF REGISTRATION
The State of Tennessee and/or its agents have taken steps to safeguard the integrity of its data and prevent unauthorized access to information maintained by the TN Child Support IPWS. These measures are designed and intended to prevent corruption of data, block unknown and unauthorized access to our systems and information, and to provide reasonable protection of private information in our possession. The State of Tennessee and/or its agents have the right to terminate your TN Child Support IPWS registration, or to reject or reverse any transaction(s) you initiate at any time and for any reason, including, but not limited to:
A. Using the TN Child Support IPWS Service (directly or indirectly) for any unlawful purpose;
B. In any way attempting to corrupt the security of the TN Child Support IPWS, and/or
C. Having payments returned by the bank for any reason including but not limited to non-sufficient funds, closed account, stop payment or refer to maker.
The TN Child Support IPWS is intended to be available 24 hours a day, seven days a week. However, the TN. Child Support IPWS may be unavailable from time to time for scheduled maintenance. There may also be unscheduled down time, but we will work to minimize such interruptions in service. In the unusual event that system interruptions may result in a delay in processing payments, scheduled payments will be processed as soon as possible upon completion of any system maintenance. User agrees that the State of Tennessee and/or its agents are not liable for any loss resulting from any delay in processing payments.
DISCLAIMER OF LIABILITY
The State of Tennessee and/or its agents will use its best efforts to apply all your payments properly. However, the State of Tennessee and/or its agents incur no liability for damages suffered by you as a result of your unsuccessful attempts to use the TN Child Support IPWS. This disclaimer applies to any actions that are performed by any entity other than TN Child Support IPWS in connection with your attempted use of the TN Child Support IPWS. Damages for which the Tennessee Department of Human Services, Child Support Enforcement Division and/or its agents shall not be responsible include, but are not limited to, fees or charges assessed by your financial institution, telephone service provider, or Internet service provider. Furthermore, the Tennessee Department of Human Services, Child Support Enforcement Division and/or its agents shall not be responsible for any damages arising from or related to the Tennessee Child Support IPWS's inability to complete any payments initiated by you through the Tennessee. Child Support IPWS because of the existence of any one or more of the following circumstances:
1. If your Bank Account does not contain sufficient funds to complete the transaction;
2. If the TN Child Support IPWS Service is not working properly and you know or have been advised by TN Child Support IPWS about the malfunction before you execute the transaction;
3. If you provide TN Child Support IPWS with incorrect information, including but not limited to the name, social security number, Case ID or account information for the child support payment(s);
4. If the cancellation of a transaction was not received by TN Child Support IPWS in a timely manner; or
5. If circumstances beyond our control (e.g., flood, labor strike, national emergency) prevent the completion of the transaction despite our reasonable precautions.
You are responsible for the installation, maintenance, and operation of your computer and your browser software. The risk of error, failure or non-performance is your risk and includes the risk that you do not operate your computer or your software properly. The State of Tennessee and/or its agents are not responsible for any errors or failures from any malfunction of your computer or software. The State of Tennessee and/or its agents are not responsible for any electronic virus or viruses that you may encounter. The State of Tennessee and/or its agents are not responsible for computer virus related problems that may be associated with your use of TN Child Support IPWS Service. The State of Tennessee and/or its agents have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software.
The State of Tennessee and/or its agents are not responsible for verification of the identity of recipients. The State of Tennessee and/or its agents are not responsible for payments made to unintended recipients due to the input of incorrect information (including but not limited to the social security number, Case ID or other identifying information) provided by you.
PASSWORD AND SECURITY
You agree not to give or make available to any unauthorized individuals your User ID or Password. You are responsible for all payments you authorize using the TN Child Support IPWS Service. If persons use, with or without your consent, your User ID and Password to access your account, you are responsible for any transactions they authorize. If you believe that your User ID or Password have been lost or stolen or that someone has or may attempt to use the TN. Child Support IPWS Service without your consent or has transferred money without your permission, you must notify The TN Child Support IPWS, and/or its agents at once by calling the TN Child Support IPWS Customer Service Unit at 800-838-6911, 7:00 a.m. to 4:30 p.m., Central Standard Time (CST), any Business Day..
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you learn that there has been an unauthorized debit(s) made from your bank account from the TN Child Support IPWS; you must notify the TN Child Support IPWS in writing within two Business Days after the discovery of such a transaction. If TN Child Support IPWS is notified within these two Business Days your liability will be limited to a maximum of $50. If you do not tell us within two Business Days after you learn of such loss or theft you could lose as much as $500. If you do not notify TN Child Support IPWS within 90 days after the earlier of the date you learn of such unauthorized transaction or the date you are sent a statement reporting the unauthorized transaction, your liability may include the amounts transferred without your authorization after the 90 day period. If a good reason (such as a long trip or a hospital stay) prevented you from notifying TN Child Support IPWS, we may extend the period. These limits are outlined in the 2009 Operating Rules of the ACH Network and Regulation E.
ERRORS AND QUESTIONS
In case of unauthorized transfers from, suspected errors in or, questions about your Internet Payment Web Site Account, you should, as soon as possible:
Telephone the TN Child Support IPWS Customer Service Unit at 800-838-6911 during customer service hours. The hours are Monday-Friday, 7:00 a.m. to 4:30 p.m., Central Standard Time (CST), excluding state and federal holidays.; or
If you think that an error has occurred on your Internet Payment Web Site Account, or you need more information about a transaction that has been posted to your Internet Payment Web Site Account, you must:
1. Tell us your name, social security number or Case ID, and User ID;
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
3. Tell us the date and dollar amount of the suspected error.
If you tell us verbally, we will also require that you send your complaint in writing within 10 business days after your verbal notification. We will usually determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days of our request, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. Required timeframes to investigate complaints are as outlined in the 2009 Operating Rules of the ACH Network and Regulation E. You may ask for copies of the documents that we used in our investigation. All copies will be provided unless they include information that cannot be released due to confidentiality.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we may disclose information to third parties about your account, or the transactions you make, in the following situations:
1. Where it is necessary for completing transactions, such as to the processing Financial Institution;
2. In order to verify existence and condition of your account for a third party such as a credit bureau or merchant;
3. If you give us your written permission;
4. In order to comply with government agency and court orders; or
FEES AND CHARGES
By registering with the TN Child Support IPWS and accepting these Terms and Conditions you are authorizing withdrawals from your bank account for payment to the Tennessee CCU. Any scheduled payment transaction that we are unable to complete because sufficient funds are not available in your Bank Account to cover the transaction may be subject to the imposition of a fee by your financial institution.
IN THE EVENT A PAYMENT TRANSACTION IS RETURNED
By using the TN Child Support IPWS, you are requesting the system to make payments for you from your Bank Account. If we are unable to complete the scheduled payment transaction for any reason associated with your Bank Account (for example, there are not sufficient funds in your Bank Account to cover the transaction), the scheduled payment transaction will not be completed. In these instances, you will receive a notification from the TN Child Support IPWS. In such case, you agree that you will immediately make your scheduled child support payment to the Tennessee CCU. If a scheduled payment transaction is returned for any reason, your Internet payment web site account will be closed immediately and you may be subject to fees and charges as set forth in the Fees and Charges provision of these Terms and Conditions.
As the child support payor you are responsible for making appropriate and timely payments in accordance with your child support court or income withholding order. Any TN Child Support IPWS transactions that are incomplete or returned must be replaced with a standard certified paper payment instrument immediately following notification from the TN Child Support IPWS to avoid becoming delinquent.
ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended by the State of Tennessee and/or it agents from time to time. In the event any material terms of this Agreement are altered, TN Child Support IPWS shall provide notice to you not less than 21 days prior to the effective date of such changes. Any use of the TN Child Support IPWS after TN Child Support IPWS provides you a notice of any change to this Agreement will constitute your agreement to such change(s). Further, TN Child Support IPWS, from time to time, may revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, TN Child Support IPWS reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to TN Child Support IPWS's more recent revisions and updates.
TERMINATION OR SUSPENSION
The State of Tennessee and/or its agents may terminate or suspend service to you at any time and/or revoke your right to use the TN Child Support IPWS if necessary. Neither termination nor suspension shall affect your child support liability or obligations under this Agreement.
Your enrollment with the TN Child Support IPWS may not be completed if TN. Child Support IPWS cannot verify your Bank Account or other necessary information. In addition, you agree that TN Child Support IPWS reserves the right to obtain financial information regarding your account from a payee or financial institution to resolve payment posting problems.
In the event of a dispute regarding the State of Tennessee and/or any agent of the TN Child Support IPWS including but not limited to child support staff, customer service staff, you and the State of Tennessee and/or its agents 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 and the State of Tennessee and/or its agents which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the State of Tennessee and/or its agents relating to the subject matter of this Agreement. If there is a conflict between, any statement of an employee, agent, or contractor of the State of Tennessee and the terms of this Agreement, the terms of this Agreement will prevail.
The captions of sections in this Agreement are for convenience only and do not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law provisions.
Notification describing transactions to update or modify personal or bank account information maintained in your Internet Payment Web Site Account shall be e-mailed to you by TN Child Support IPWS.