PEX Bill Pay Service Terms

Last updated: June, 2025 

These PEX Bill Pay Service Terms (“Terms”) set forth the requirements for Customer to use the PEX Bill Pay Service (“PEX Bill Pay”), including enrolling Authorized Users and making business and commercial payments to recipients located in the United States (each, an “Authorized Payee”). PEX (“we”, “us,” and “our”) may update these Terms at any time by delivering notice, and your continued use of PEX Bill Pay will constitute acceptance of the updated terms.  For clarity, PEX Bill Pay is an optional add-on Service made available to PEX customers (“you” and “your”) using an eligible PEX program, initially the PEX Prepaid Expense Program and/or the PEX Credit Expense Card Program (each, an “Eligible PEX Program”), and all of the terms of each of those programs and the Master Services Agreement will continue in full force and effect and control as to the respective program and are incorporated into these Terms by reference, as and to the extent applicable.

These Terms include an authorization for PEX to automatically debit your Linked External Accounts for amounts owed for use of PEX Bill Pay, including payment of invoices, bills, fees, fines, and other similar business and commercial payment obligations. You acknowledge and agree that PEX has the right, in its sole discretion, to create a virtual card to make scheduled payments to Authorized Payees where necessary or convenient, and that PEX is authorized to draw the amount required to fund a virtual card from your Linked Payment Account.

PEX Bill Pay may not be used for any purpose that is unlawful or otherwise prohibited by these Terms or the Agreement, including without limitation any Prohibited Activities or other purposes not directly related to the business of Customer.

Capitalized terms used but not defined in these Terms will have the meanings set forth in the PEX Master Services Agreement - General Terms.

General Description

PEX Bill Pay will enable customers to make business and commercial payments to Authorized Payees through ACH and/or virtual card. For clarity, PEX Bill Pay expressly is not permitted to be used by you (1) to pay employment or labor wages, commissions, bonuses, or other compensation to any person, or (2) to pay for any personal, family, or household purposes. By using PEX Bill Pay, you are representing and warranting that all such use is solely and exclusively for “Business Payments Only” to Authorized Payees. It is a material condition to your access to and use of PEX Bill Pay that you comply with this provision at all times, and you agree that neither PEX nor the partner bank that facilitates the PEX Bill Pay payments ("Bank") will have any liability for any reason if you are not in compliance with this provision.

PEX Bill Pay   - Special terms

 

1.      PEX Bill Pay - creation & payments

To use PEX Bill Pay, Customer will be required to provide and maintain true, accurate, and correct information to create a payment profile for each Authorized Payee. You represent and warrant that you have performed commercially reasonable due diligence on any Authorized Payee to verify the legitimacy of such party and the payment obligation to be paid using PEX Bill Pay, and have obtained all necessary authorizations or consents from the Authorized Payee to share all required information with PEX to permit payments using PEX Bill Pay. You represent and warrant that the Authorized Payee agrees, or you have the authority to agree on behalf of the Authorized Payee, to be subject to and comply with this Agreement and all applicable laws, rules and regulations.

We reserve the right to refuse to allow any Authorized User, Authorized Payee, or Customer to use or participate in the Program if PEX is unable to obtain or verify information relating to identity or financial condition, such as identifying information for an organization’s representatives or beneficial owners. Notwithstanding any steps that PEX takes to verify the information provided to us, Customer represents and warrants that all information you provide is complete, truthful, accurate, and up-to-date. You also agree to provide updated information if the information you have provided changes.

It is the responsibility of Customer to verify that the information for the Authorized Payee is true, accurate, and complete, and ensure that enough funds are available in the Linked External Account for all scheduled Authorized Payee payments.  If we determine, pursuant to PEX policy, that there are insufficient funds available for any submitted Authorized Payee payment, we will not fulfill the associated Authorized Payee payment.  In such a case, PEX will send the Authorized User a notification, and you will be required to fund the Linked External Account and resubmit the affected Authorized Payee payment. PEX expressly will not be responsible for any penalties, fees, interest, or any other loss or liability arising from or otherwise relating to any payment that is not made when scheduled due to insufficient funds or your failure to comply with the applicable terms of the Eligible PEX Program, as applicable.

To the extent allowed by applicable law, you agree to be bound by all payment instructions or transactions initiated in compliance with PEX’s security procedures and this Agreement, whether or not a specific transaction is authorized, and once processed, payments cannot be cancelled. You further agree that you will be liable for all losses or payments resulting from (1) the theft, loss, compromise, or unauthorized use of your PEX Account or Credentials and/or (2) any losses or unauthorized payments resulting from any fraudulent or illegal compromise of your systems or processes. You agree that you will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless expressly limited by applicable law. Upon your timely report, PEX may, in its sole discretion, attempt to reverse and recover any unauthorized or erroneous payments or transfers on your behalf, but PEX will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts. For clarity, it is Customer’s sole responsibility to permit sufficient time for payments to post to your Authorized Payee prior to the applicable due date, and you expressly acknowledge and agree that PEX will not be responsible for any late payment, including without limitation any associated interest, fees, penalties, or any other loss or liability, arising from or otherwise relating to any payment made or attempted to be made by you using PEX Bill Pay.

 

You acknowledge and agree that you will not use PEX Bill Pay for:

• tax obligations,
• settlement of securities transactions,
• payments made under court orders,
• gambling debts,
• fines,
• marijuana-related businesses,
• or any payments prohibited by law.

 

A full list of prohibited uses of PEX Bill Pay can be found here: Prohibited Activities.

 

Additionally, you will not use PEX Bill Pay to send money, either directly or indirectly, to a sanctioned country, person, group, or entity.

2.     Review of Accounts and Payments

PEX may, in its sole discretion, place a hold on a payment for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, a PEX Account, an Authorized User, or an Authorized Payee, or any related facts or circumstances. Depending on the results of this review, PEX reserves the right to take any appropriate action, including canceling the payment, reversing the payment, or continuing to hold the payment pending instructions from a government agency.

You may run reports of ACH PEX Bill Pay transactions, including (a) transactions for draws from the Linked External Account since the last Periodic Statement; (b) fees charged to the PEX Account; (c) adjustments; and (d) any other amounts debited or credited to your Linked External Account. You are responsible for reconciling PEX Bill Pay transactions in the Periodic Statement against your records and receipts. If you believe there are any discrepancies or errors in any payment made using PEX Bill Pay, you must report any such discrepancies or errors to us within sixty (60) days.

You assume full responsibility for monitoring use of PEX Bill Pay and detecting any unauthorized or improper use, including but not limited to maintaining the accuracy of its records.  If Customer believes that there has been an error in any PEX Bill Pay scheduled payment, or an unauthorized transaction has been made, you will alert us immediately by calling PEX Client Services at 1-866-685-1898, and Customer agrees to cooperate with us in any subsequent investigation.

3.      Affiliation

PEX is an independent, third-party service provider to Customer, and you acknowledge and agree that PEX is not formally affiliated with, and does not have any contractual or other relationship with, or duty or responsibility to, your Authorized Payees by virtue of these Terms or providing the Bill Pay Service to you. You further acknowledge and agree that your use of the Bill Pay Service does not in any way constitute or create a tri-party agreement between you, PEX, and your Authorized Payees.

4.      Liability

You are solely responsible and PEX is not responsible for verifying the accuracy of any Authorized Payee information provided by Customer in connection with your PEX Account or use of the Bill Pay Service. You acknowledge and agree that PEX will have no liability to you or any Authorized Payee for any losses or damages arising from or relating to the accuracy or inaccuracy or sufficiency of any Authorized Payee’s information, including without limitation bank account information; any delayed, failed, returned, or rejected payment transaction resulting from insufficient funds or inaccurate information provided by you or an Authorized Payee; or your or your Authorized Payee’s  actions or inactions or failure to act, all of which are the sole and exclusive responsibility of Customer. You acknowledge that your use of PEX Bill Pay must comply in all respects with the terms and conditions of the Master Services Agreement, the Eligible PEX Program (as applicable), and these Terms, and any violation is expressly subject to Customer’s indemnification obligations as set forth in the Master Services Agreement.

5.      Debit and Credit Entries

PEX sends ACH debit and credit instructions under Standard Entry Class Codes CCD, PPD and Web entries all in accordance with the National Automated Clearing House Association Operating Rules (“Nacha Operating Rules”). You agree that your use of PEX Bill Pay is subject to the Nacha Operating Rules and all other laws and regulations that apply to your use of Services that provide payments through ACH.  You agree to retain your records for at least 6 years and participate in Nacha or security related audits as may be required by PEX, Bank, or Nacha.

Customer  (a) acknowledges that Entries that violate Applicable Law or this Agreement may not be initiated; (b) assumes the obligations of an “Originator” in accordance with and as defined in the Nacha Rules; (c) acknowledges the right of each of PEX and Bank to withdraw or terminate your approval as an Originator at any time upon notice to Customer; and (d) will promptly remit payment to Bank for any amounts due and owing by PEX to Bank on account of Customer’s use of PEX Bill Pay, including all entries originated by Customer, in the event PEX has not fulfilled its payment obligations to Bank in the timeframe required.

 

6.      Right to Refuse to Make Payment

PEX reserves the right to limit, delay, investigate, or to refuse to make, process or issue any payment initiated or requested through PEX Bill Pay, in its reasonable discretion, without PEX incurring any liability to Customer. PEX will use commercially reasonable efforts to provide notice promptly if we decide to limit, delay, investigate or refuse to make, process or issue a payment. This notification is not required if the payment or notice is otherwise prohibited by law or as described in these Terms.

7.      Transaction Limits

When you use PEX Bill Pay, PEX reserves, in its sole discretion, the right to impose limits on the amount of money sent or received through PEX Bill Pay, on a per transaction or a cumulative basis, and to change those limits at any time, without incurring any liability to you. If we impose or change such limits, we will use commercially reasonable efforts to provide notice of the same to you, but will not be required to do so.

8.      Fees

Customer will pay PEX the fees in the amounts, on the timing, and in the manner as provided in the pricing schedule located at Additional Pricing Details, as may be updated by PEX from time to time, and as may be modified or supplemented by mutual written agreement by PEX and you (collectively, the “Applicable Fees”).  The Applicable Fees are earned in full at the time PEX Bill Pay services are provided and are not subject to refunds or credits.

9.      Taxes

Customer is solely responsible for filing and providing any Form 1099-Ks in connection with payments made to each Authorized Payee using PEX Bill Pay, as required by applicable laws or regulations.

10.  Payment Authorization

Customer acknowledges that PEX is authorized, in its discretion, to debit Customer’s Linked External Account and/or utilize any authorized Customer payment method for its subscribed Services associated with Customer’s PEX Account in order to support the completion of a scheduled payment to an Authorized Payee, notwithstanding the initial payment designation made by Customer at the time it schedules such payment.

11. Invoices

PEX offers Customer an optional “receipt capture” feature, as more fully described in the Master Services Agreement, by which Administrator User(s) can activate functionality to allow users to (1) upload invoices to the Platform using the Dashboard; and (2) use relevant data points captured from an invoice to attempt to create a payment entry for the PEX Bill Pay service, which will be presented to the user to accept, modify, or reject. Uploaded invoices can be viewed by all Administrator Users and Authorized Users. If Customer chooses to use the payment entry creation feature, PEX is not responsible for the quality, content, completeness, or accuracy or reliability of the payment entry.