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Terms and Conditions

Payment Terms and Conditions

Effective Date:   August 26, 2024

PAYMENT AGREEMENT

INTRODUCTION
This document is to provide you with information about the online bill payment system (the Service) offered to you on behalf of Southeast Toyota Finance (SETF)and the associated website, www.setf.com (the Site). These Terms and Conditions set forth a legally binding agreement governing your use of the Site and the Service ("Agreement") and outline important conditions that apply to your use of the Site and the Service. By utilizing the Service, permitting any person to do so on your behalf, or utilizing the Service on someone else's behalf, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must discontinue your access to the Site and not utilize the Service.

DEFINITIONS

  • “Account” is your account for your SETF Retail Installment Sale Contract or Closed End Motor Vehicle Lease Agreement.
  • "Authorized User" is any individual who you allow to use the Service or access your Funding Account.
  • "Auto Pay Payment" is a recurring Payment made by you on the Due Date for the amount shown on the Billing Statement.
  • "Billing Statement" is the statement sent by SETF to you indicating, among other things, how much you owe for your SETF Account and the Due Date.
  • "Business Day" is every Monday through Friday, excluding Federal holidays.
  • “Digital Wallet” is the Funding Account information you save (if any) for use in making future Payments on an Account.
  • "Due Date" is the date reflected on your Billing Statement when your Payment is due; it is not the late payment date or inclusive of a grace period.
  • "Funding Account" is the checking account, savings account, or debit card account from which Payments and fees, if any, will be debited and to which credits to you will be credited.
  • "Payment" is a payment transaction initiated by you through the Service.
  • "Payment Date" is the calendar day you elect for SETF to receive the Payment, and is also the day your Funding Account will be debited; provided that if the calendar day you elect falls on a non-Business Day, or after the daily cutoff time for the Service, the actual Payment Date and the actual date your Funding Account will be debited will be the immediately following Business Day. This date can be current or in the future.
  • "Payment Instruction" is the information provided by you for a Payment on your Account to be made through the Service.
  • “Primary Account Holder” is the individual listed as the “Buyer” on a Retail Installment Sale Contract and the “Lessee” on a Closed End Motor Vehicle Lease Agreement but does not include any Co-Buyer or Co-Lessee.
  • "Scheduled Payment" is a Payment that has been scheduled for a future date, but which has not yet begun processing.
  • "Service" is the payment option offered on this Site by SETF through its service provider.
  • "Site" is the SETF.com website you are accessing to make a Payment to SETF.
  • "We," "us," and "our" refer to SETF and its third-party service providers.
  • "You" and "your" refer to the individual who is utilizing the Service.

ELIGIBILITY
The Site and the Service are offered only to individuals who can form legally binding contracts under applicable law and, with respect to Payments made using an eligible Funding Account. Without limiting the foregoing, the Service is not offered to minors. Commercial entities such as commercial payment aggregators may not use the Site or Service in connection with providing payment services on behalf of third parties. By executing a transaction, making a payment, or otherwise utilizing this Site or Service, you represent:

  1. that You are a customer and the Primary Account Holder of the SETF Account for which you are using the Site or Services,
  2. that You are using the Site or Services and/or submitting a Payment Instruction on Your own behalf, or as an employee, owner, or principal of the Primary Account Holder of the SETF Account,
  3. that You are not using the Site or Service under a claim of agency or other third-party relationship on behalf of another SETF customer, and
  4. that You are not using the Site or Service for profit, financial gain, or any commercial benefit. You hereby agree to be liable to us for all interchange fees and merchant fees, and all other costs and fees associated with processing all Payments and Service transactions submitted by You in violation of this Section. You further agree to be liable to us for all other damages, costs, fees, expenses, and reasonable attorney fees incurred by us arising out of, or related to, Your breach of this Section.

PAYMENT AUTHORIZATION, PAYMENT REMITTANCE, AND FEES
By adding a Funding Account to a Payment Wallet, you acknowledge and agree that the Funding Account may be used to initiate a Payment Instruction for any Account associated with the Primary Account Holder. You authorize us to follow the Payment Instructions received from you. When we receive a Payment Instruction from you, you authorize us to debit or charge your Funding Account for the amount of any Payment plus any related fees in effect at the time you initiate the Payment Instruction, and to remit funds on your behalf. You also authorize us to credit your Funding Account in the event that any Payments are returned because the processing of the Payment Instruction could not be completed. In order to process Payments more efficiently and effectively, we may edit or alter payment data or data formats. You certify that any Funding Account you add to your Digital Wallet or otherwise utilize in connection with the Service is an account from which you are authorized to make payments, and any Payment you make using the Service will debit/charge a Funding Account that you are legally authorized to use. You are solely responsible for maintaining the security of your Account, Payment Wallet, and any Funding Account you provide to us, including any passcodes and any other authentication credentials (collectively, “Credentials”). If you authorize or allow anyone else to use your Payment Wallet or to add a Funding Account to a Payment Wallet (e.g., by providing your passcode or otherwise providing any of your Credentials to a third party), the person may be able to make payments from any Funding Account added to the Payment Wallet, and you will be liable for all payments made by that person. We will use reasonable efforts to complete your Payments properly. However, we shall incur no liability if the Service is unable to complete any Payments initiated by you because of the existence of any one or more of the following circumstances or other reasons identified in this Agreement:

  • If your Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  • If our payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction;
  • If you have not provided us with the correct Funding Account information or other required information;
  • If your debit/credit card is expired;
  • If circumstances beyond our control (such as, but not limited to, fire, flood, or other acts of God, third-party systems, or interference from an outside force) prevent the proper execution of the transaction; and/or
  • If you failed to follow our instructions for the use of the Service.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account or cause funds from your Funding Account to be directed in a manner that does not comply with your Payment Instructions, our sole responsibility to you shall be to return the improperly transferred funds to your Funding Account.

You are responsible for ensuring that there are sufficient funds available in your Funding Account to cover any amount you authorize for payment. If you do not have sufficient funds in your Funding Account, your Payment may not be processed. Your Payment may not be processed after a credit or debit card's expiration date if it is not updated by you prior to such date, unless we are able to obtain updated information from your card issuer. You authorize us to receive such updated credit or debit card information where available.

In the event your Payment is not processed for any reason, including the failure to obtain an authorization from your card issuer or financial institution, or you have not provided us with the correct information, your liability shall remain outstanding and unpaid, and you will be subject to all applicable penalties, late fees, and interest charges assessed thereon, all of which obligations that remain your sole responsibility.

Any fees associated with your Funding Account, including without limitation any assessed by your financial institution or credit/ debit card issuer, will continue to apply.

OVERPAYMENT ADJUSTMENT
You agree that you shall not intentionally schedule a Payment in excess of the total balance owed on your Account. You acknowledge that we may refuse to process any such overpayment, or we may adjust the Payment amount down to the amount due at time of payment processing to avoid overpayments.

PAYMENT CANCELLATION REQUESTS
You may be permitted to cancel or edit a Payment until such time as the processing of the Payment Instruction has begun. There is no charge for canceling or editing a Payment prior to the processing of the Payment Instruction.

RETURNED PAYMENTS
In using the Service, you understand that payments may be returned for various reasons, such as, but not limited to, the SETF Account number is not valid; we are unable to locate your SETF Account; or your SETF Account is paid in full. We will use reasonable efforts to research and correct the returned payment or void the payment and credit your Funding Account. You may receive notification regarding any such returned payments. You may be assessed fees by us or your financial institution as the result of any returns or insufficient funds related to your Funding Account.

DIGITAL WALLET
The Digital Wallet allows you to save your Funding Account for use in making future Payments. The following terms apply to the use of the Digital Wallet:

  1. Adding Funding Accounts - You authorize the addition of Funding Accounts to your profile when received from you. If your identity cannot be verified satisfactorily, the Service may not allow you to add a specific type of Funding Account to your profile.
  2. Funding Account Number and Expiration Date Changes - It is your sole responsibility, and you agree to ensure that the information maintained in your Digital Wallet is and remains accurate. If your Funding Account number changes or your credit or debit card expiration date changes, you agree to make updates to your Digital Wallet. You also authorize us to acquire such new or additional information regarding your accounts from our financial services partners and authorize the update of your Funding Account information accordingly. All changes made by you or acquired by us will be effective for future Payments paid using the Digital Wallet.

AUTO PAY PAYMENTS AND SCHEDULED PAYMENTS
You may have the option of enrolling in Auto Pay Payments. If you choose to enroll for Auto Pay Payments, or if you initiate a Scheduled Payment, an email confirmation will be sent to you confirming that your enrollment or Payment Instruction has been received and whether it has been accepted. Please note the following in addition to the terms or your Auto Pay Agreement:

  1. Payments must be made by the Due Date, or you may be assessed a late fee.
    1. We will deduct
    2. for Auto Pay Payments, the amount due on the Due Date and for Scheduled Payments, the amount designated by you on the date you selected.
  2. While enrolled in Auto Pay Payments, you may receive email confirmations of Payments charged to or debited against your Funding Account. It is your responsibility to update your email address in your profile with your current email address. We will not be responsible for email confirmations that are not received as a result of delivery failures (e.g., spam blockers or an incorrect email address).
  3. It is your sole responsibility to ensure that all Funding Account information is accurate, legitimate, and up to date in order to ensure proper authorization of your Payment. We will not be responsible for any payment processing errors or fees incurred if you fail to provide accurate Funding Account information.
  4. You may terminate your participation in Auto Pay Payments online, in writing, or by calling SETF customer service.
  5. For Auto Pay Payments, we will provide you (through email and/or text message) notice approximately 5 days before each Auto Pay Payment of when the Auto Pay Payment will be made and how much the Auto Pay Payment will be.

    COMMUNICATIONS TO YOU; ADDRESS OR BANKING CHANGES
    By providing us with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and/or text messages at that number, and/or emails from us for our everyday business purposes (including identity verification). You authorize us to send or provide by electronic communication any notice, communication, amendment, or replacement to this Agreement, payment receipt, or 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 they are made available to you. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls at that number for Service-related purposes. For example, we may contact you in connection with validating or processing a transaction that you have requested through the Service. You agree that we may provide notices to you by posting them on the Site, emailing them to an email address that you have provided, sending them via text message to any mobile number that you have provided, or by mailing them to any postal address that you have provided. For example, users of the Service may receive certain notices (such as notice of payment and alerts for validation and receipt of transfers of funds) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. It is your sole responsibility to ensure that your contact information is accurate in the Service. We will not be responsible for communications that are not received by you as a result of delivery failures (e.g., spam blockers, an incorrect email address or physical address, or an incorrect mobile phone number).

    Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device.

    SECURITY
    You agree not to give or make available your access or access credentials to the Service to any unauthorized individuals. You are responsible for all Payments you authorize using the Service or that are made using your access credentials. If you permit Authorized Users or other persons to use the Service, you are responsible for any transactions they authorize. If you believe that your access or access credentials to the Service have been lost, stolen, or otherwise compromised, or that someone has transferred or attempted to transfer money without your permission, you must notify SETF customer service at once. If you believe there have been any unauthorized transfers related to your Funding Account, you should notify SETF customer service and/or your financial institution at once.

    INFORMATION AUTHORIZATION
    You agree that the information you provide to facilitate a Payment, including your Funding Account information, may go through a verification process. You further agree that we may obtain financial information regarding your Funding Account from your financial institution (e.g., to resolve payment posting problems, set transaction limits, or for verification purposes).

    ALTERATIONS AND AMENDMENTS
    This Agreement may be altered or amended from time to time by posting a revised version on the Site or providing a revised version to you by other means. You may be required to affirmatively accept the revised Agreement in order to continue using the Service. Regardless of whether you are so required, any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. The revised version will be effective at the time it is posted or otherwise provided to you unless a delayed effective date is expressly stated in the revision. Further, we may, from time to time, revise or update the Service applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we 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 authorize us to send or provide by electronic communication any notice, communication, amendment, or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. Your use of the Service may be terminated or suspended at any time for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

    ARBITRATION
    For any claim (excluding claims for injunctive or other equitable relief) arising out of or relating to this Agreement, the parties must resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party commencing arbitration will initiate such arbitration through the American Arbitration Association ("AAA") or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply:

    1. The arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration;
    2. the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties;
    3. discovery shall not be permitted;
    4. the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and
    5. any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state, and local laws remain available through arbitration.

    NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. Notwithstanding this Arbitration section, in the event you are a commercial or corporate entity, including without limitation a commercial payment aggregator, we reserve the right to bring a claim against you outside of arbitration and in any forum.

    GOVERNING LAW
    This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. In the event of such replacement, all other terms of this Agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement, which instead shall be brought under the Arbitration clause set forth above.

    EXCLUSIONS OF WARRANTIES / LIMITATION OF LIABILITY
    In no event shall we or our service providers be responsible or liable for the timeliness, deletion, misdelivery, or failure to store any user communications or personalized settings; any viruses that may affect your computer equipment or other property on account of your access to, use of, or downloading from the Site or Service; or any third party's inability or refusal to authorize a Payment or any other acts or omissions of third parties not controlled by us.

    THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SITE OR SERVICE, AND OPERATION OF THE SITE OR SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS (OR EITHER OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR STOCKHOLDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR TORT DAMAGES OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT, CONTRACT, OR OTHERWISE.

    INDEMNIFICATION
    You agree to indemnify and hold harmless us and our affiliates, suppliers, service providers, licensors, and contractors, and the officers, directors, owners, agents, employees, and contractors of each of these, from and against any and all loss, damage, liability, claim, demand, fees, costs, and expenses (including attorney's fees) arising out of your breach of this Agreement and/or your access to or use of the Site or the Service.

    INTELLECTUAL PROPERTY
    All marks and logos related to the Site and the Service are either trademarks or registered trademarks of SETF or its service providers, or their respective affiliates or licensors. You may not copy, modify, translate, decompile, reverse engineer, reproduce, adapt, or disassemble the Site or the Service, both of which are the sole property of SETF's service provider or SETF's service provider's affiliates or their respective licensors. With the exception of your right to use the Site and Service in accordance with the terms hereof, which right may be revoked by us, you are not granted any rights of any kind in the Site, Service, marks, or logos, and we hereby reserve all such rights. The content accessed through the Site is the property of the applicable content owner and may be protected by applicable copyright or other law. Any downloading of material contained on the Site or on any site linked to the Site may be a violation of federal trademark or copyright laws.

    ASSIGNMENT
    You may not assign or transfer any rights or obligations you have under this Agreement to any other party without our prior written consent, which we may withhold in our sole discretion. We reserve the right to assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors, or other third parties.

    NO WAIVER
    We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.

    ERRORS, QUESTIONS, AND COMPLAINTS
    In case of errors or questions about your transactions or Billing Statements, you should contact SETF customer service as soon as possible.

    ENTIRE AGREEMENT
    You agree that this Agreement (including without limitation the associated Website Terms and Conditions and Online Privacy Policy for the Site) is the complete and exclusive statement of the agreement between you and us, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement.