Terms and Conditions
This Terms and Conditions Agreement (“Agreement”)
applies to your use of the Online School Payment (“OSP”) service and any related
products and services as described and offered through our website
osp.osmsinc.com (collectively the “Service”). This Agreement affects your
rights and should be read carefully. This Agreement was last modified on
November 18, 2014. This Agreement with the Online School Management Systems,
Inc. (“OSMS”, “us”, “we”, or “our”) applies to use of the Service. In this
Agreement, “you” or “your” means any person or entity using or accessing the
Service. By using the Service, you agree to the terms and conditions of this
Agreement and all documents incorporated in this Agreement by reference. If you
do not agree to be bound by these terms and conditions, please do not use or
access the Service.
USE OF the SERVICE
Use of the Service is granted to legally authorized
parents and guardians of students, account holders, and their designees
(“Authorized Users”) to access information and make payments to the school
accounts of such students using this Service, but the Service is not available
to minors (under 18), persons who are suspended from our Service, or persons who
present an unacceptable level of credit risk.
Authorized Users may use the Service to view account
information and make payments as allowed by this Agreement.
By using the Service, Authorized Users authorize OSMS,
its designees, and the student’s school to share information in connection with
operation of the Service. You warrant that information provided by you does not
violate the rights of any third party or any agreement or obligation you have.
Your use and access of the website (including submission
of information and use of the Service) shall not: (i) be false, inaccurate or
misleading; (ii) be fraudulent; (iii) violate the terms of your agreement with
your credit card company (including, without limitation, providing yourself a
cash advance or helping others to do so), (iv) violate any law, statute,
ordinance, contract or regulation (including, but not limited to, those
governing financial services, consumer protection, unfair competition,
antidiscrimination, or false advertising); (v) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child
pornography; (vii) known or suspected by you to contain any viruses, Trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data, or other personal information; or
(viii) create liability for us or cause us to lose (in whole or in part) the
services of our ISP’s or other suppliers. You agree that you will not use any
device, software, or routine to bypass any security feature, or to interfere or
attempt to interfere with the proper working of our website, the Service, or any
activity conducted on our website. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure. If you use, or attempt to use the Service for purposes other
than as allowed in this Agreement, including but not limited to tampering,
hacking, modifying or otherwise corrupting the security or functionality of the
Service, your account will be terminated, and you will be subject to damages and
other penalties, including criminal prosecution where available.
OSMS reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the website or any
part thereof with or without notice. You agree that OSMS will not be liable to
you for any modification, suspension or discontinuance of the site.
PAYMENTS TO SCHOOLS
You may make payments by using a credit card accepted by
us. The student’s school receives the proceeds of all payments less any service
fees associated with the transaction. The application of payments at your
student’s school is governed exclusively by your agreement or arrangement with
the school, and we are not responsible for the school’s handling of payments
after the school receives the funds or you receive the goods or services offered
by the school.
Payments will be processed promptly for your student’s
account in accordance with an agreement between OSMS and the school. However, a
number of factors, several of which are outside of our control, will contribute
to when the school receives the funds. We make no representations or warranties
regarding the amount of time needed to complete processing, such as delays in
the banking system, the Internet, or other means of electronic communications
outside of our direct control. If you have any questions regarding payments,
please contact us.
You agree to pay for the Service in accordance with the
agreement between you and your credit card company and this Agreement. You agree
that we are only a provider of the Service, and we are not a bank or financial
institution. We are not a trustee, escrow agent, or fiduciary, and we do not owe
you any duty other than to perform the Service according to the terms and
conditions of this Agreement. For the period we hold any of your funds, we will
not owe you any interest or income therefrom, which we may retain for our
benefit. We will not hold funds for the purpose of generating interest income.
OSP is a payment processing service that is provided by
OSMS and its affiliates. Other than the receipt of payments made by you (less
applicable fees charged by us and the credit card company), neither the school
district, the school, nor any individuals employed by the school district profit
from this Service.
You agree to pay OSMS for the cost of the items
purchased as well as any additional service and handling fees associated with
the value-added services that are being provided by OSMS. The amount of the
service and handling fee will be disclosed to you by your school.
All payments collected through this website are processed by OSMS and
transferred to the school as part of an existing service agreement with the
school. Transactions processed through the Service are provided independent of
the school system, and the service and handling fee is charged uniformly on all
payment methods to cover the costs of transferring funds from OSMS to the school
along with web hosting, support and other value-added services.
To avoid paying the service and handling fees, customers
may pay in person by cash or check at the school.
In such event, the funds are received and deposited directly by the
school finance personnel.
The Service only involves transferring payments to the
school’s account for the benefit of the student, and once payment has been made
from us to the school there are no refunds. If you or the student are not
satisfied with any good or service purchased with a payment, you agree to
resolve the issue with the student’s school and to hold us and our designees,
employees, agents, and affiliates harmless for all claims, costs, damages and
expenses arising out of or related thereto. The methods for refunds are
determined solely by the school and/or school district, and you agree to not
seek refunds from OSMS. If you would like a refund of any payment amount that
has been transferred to the school but has not been used by your child to
purchase goods or services, you must contact the student’s school directly. If
we are unable through no fault of yours to promptly transfer a payment to the
school, the amount paid by you will be refunded to you in full within ten days
of our receiving notice of your requesting a refund through the school.
OSP or the Service may be accessed via the Internet. You
are solely responsible for the equipment, software (including, without
limitation Microsoft Internet Explorer 5.5 or later), and communication services
to access the Internet.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE, ANY INFORMATION PROVIDED THEREIN, AND THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
OSMS MAKES NO WARRANTY AND DISCLAIMS LIABILITY THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL
COMPONENTS, NOR DOES OSMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. OSMS MAKES NO WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE WILL MAKE REASONABLE EFFORTS TO INSURE THAT YOUR
REQUESTS FOR ELECTRONIC DEBITS AND CREDITS ARE PROCESSED IN A TIMELY MANNER.
OTHER THAN THE FOREGOING SENTENCE, NEITHER OSMS, ITS EMPLOYEES, AGENTS, NOR
AFFILIATES WILL BE LIABLE FOR ANY CLAIMS, LOSSES, ACTIONS, OR DAMAGES RESULTING
FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY
OR INTERRUPTION IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE,
SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES.
IN NO EVENT WILL OSMS, ITS EMPLOYEES, AGENTS, OR
AFFILIATES BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE. IN ALL CASES OSMS’ MAXIMUM LIABILITY SHALL NOT EXCEED THE
LESSER OF YOUR ACTUAL, DIRECT DAMAGES RESULTING FROM OSMS’ BREACH OR THE AMOUNT
PAID TO OSMS RELATED TO THE BREACH.
THE LAWS OF SOME STATES PROHIBIT THE DISCLAIMER OF
CERTAIN WARRANTIES AND/OR THE LIMITATION OF CERTAIN REMEDIES. TO THE EXTENT
REQUIRED BY APPLICABLE LAW, SOME OR PART OF THIS DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND OSMS’ LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
OSMS may collect information about you and your use of
the Service. Use and disclosure of such information is governed by the Privacy
Statement, as the same may change from time to time, which is posted on and can
be printed from the OSMS website. By using the Service, you agree to the terms
of our Privacy Statement and the use and disclosure of your information as
outlined therein, and our Privacy Statement is incorporated into this Agreement.
You may discontinue your participation in and access to
the Service at any time; however, this Agreement will continue to apply to all
of your past use of the Service. Your termination will not affect pending or
prior transactions. OSMS may immediately terminate this Agreement without
notice, including, but not limited to, if you engage in any conduct which we, in
our sole discretion, consider to be unacceptable, or if you breach this
Agreement. You agree that upon termination or discontinuation for any reason, we
may delete all information relating to you on the OSMS website and may bar your
access to the website and use of the Services.
The name Online School Payments, the Online School
Payments logo, and all related logos, products and services described in the
OSMS website are trademarks or registered trademarks of OSMS. The OSMS website
is the property of OSMS and may contain copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound. The content, and the selection,
coordination, arrangement and enhancement of such content, are the property of
their respective owner. You may not modify, copy, record, publish, transmit,
distribute, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content in whole or in part.
You agree to defend, indemnify and hold OSMS and its
affiliates, officers, employees, agents, partners, and contractors, harmless
from and against all claims, expenses and damages, including reasonable
attorneys’ fees, arising out of or resulting, directly or indirectly, from any
willful, reckless or negligent act or omission by you with respect to the
Entire Agreement. This Agreement, an agreement
between OSMS and the School Division, and any other policies posted on the OSMS
website constitute the entire agreement between you and us with respect to your
use of the Service, and supersede all previous written or oral agreements
between the parties with respect to such subject matter.
Change in Terms. OSMS reserves the right at any
time to change, add to or delete any aspect or feature of the Service and the
terms and conditions of this Agreement, and such change(s) will be effective
after being posted on the OSMS website. We will provide notice of any such
changes by posting a notice to the website or as otherwise required by law. Any
change in the cost of using the Service shall not become effective for 30 days
following our notice of such change to the school. Any use of the Service by you
after such notice shall be deemed to constitute acceptance by you of such
Applicable Laws. This Agreement is governed by
the laws of the Commonwealth of Virginia without regard to its conflict of laws
provisions. Any suit or other legal proceeding arising out of or related to this
Agreement shall be brought exclusively in a court of competent jurisdiction
sitting in the City of Chesapeake, Virginia.
Waiver. Any waiver of our rights must be in
writing and signed by a duly authorized officer of OSMS. No waiver of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
Communications. You agree that this Agreement
constitutes “a writing signed by You” under any applicable law or regulation. To
the fullest extent permitted by applicable law, this Agreement and any other
agreements, notices or other communications regarding your use of the Service
(“Communication”) may be provided to you electronically, and you agree to
receive Communications from us in electronic form. Electronic Communications may
be posted on the pages within our website and/or promptly delivered to your
e-mail address, whether or not actually received by you.
Notices. Except as provided above, notices
required or allowed under this Agreement shall be given in writing and sent (a)
from you to us by postal mail to: Online School Management Systems, Inc., 4511
Singer Court, Suite 203, Chantilly, Virginia 20152; and (b) from us to you by
e-mail address you provided us or by a postal mail address you provided to us,
at our option. Electronic notices shall be deemed received 24 hours after being
sent unless a party is aware that it was not received. Postal notices shall be
deemed received three days after mailing to the address(es) stated above,