Online Services' Terms
of Service
1.
WELCOME
New York State (NYS) welcomes all approved vendors and customers to the Online
Services ("Services"). NYS provides these Services subject to the
following Terms of Service ("TOS"). This portal is for the purpose of
users interacting with the NYS Statewide Financial System in the role of vendor
or customer. The TOS may be updated by NYS from time to time without notice. By
agreeing to the TOS you will be deemed to agree to any changes hereafter made
to the TOS unless you specifically inform NYS that you do not consent to the
subsequent changes and therefore elect to no longer have access to the
Services. When using particular NYS owned or operated Services, all Users are
subject to any terms of service, guidelines or rules applicable to such
services that are posted on the respective Services pages. All such terms of
service, guidelines and rules are hereby incorporated by reference into the
TOS.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Services, including the release of new applications, will be
subject to the TOS.
2. DEFINITIONS
The following defined terms are applicable to the TOS:
"User" shall mean a person or entity that enrolls for the Services.
User may include an "Individual User," a "Business/Government
User," an "Authorizer," a "Primary Authorizer," and/or
an "Authorized User".
"Individual User" shall mean a User enrolling for the Services solely
for his/her own business use as a Vendor or a Customer.
"Business/Government User" shall mean a User enrolling for the
Services as a Vendor or a Customer on behalf of a Business Entity or a
Government Entity (e.g., federal, state and local government agencies and
authorities), and shall include any Authorizer, Primary Authorizer or
Authorized User enrolling for the Services as a representative of that Business
Entity or a Government Entity.
"Primary Authorizer" shall mean an Authorizer designated by a
Business Entity or a Government Entity to enroll for the Services on behalf of
such Business Entity or Government Entity and authorized to bind such Business
Entity or Government Entity in connection with such enrollment.
"Authorizer" shall mean a User who is assigned an account by a
Primary Authorizer and who is designated by the Primary Authorizer to create
and manage other User accounts.
"Authorized User" shall mean a User who is assigned an account by an
Authorizer.
"Enrollment" shall mean the successful establishment of an Online
Services account with NYS, including the creation of a unique UserID and Password. Enrollment provides a User access to
authorized online applications and services provided by NYS.
"Enrollment Data" shall mean true, accurate, current and complete
information about a User.
"Account" shall mean the unique authority under which a user
authenticates himself/herself to NYS Online Services.
"NYS's Privacy Policy" shall mean the Internet Privacy and Links
Policy of the Office of the State Comptroller
"NYS Online Services" or "Services" shall mean business
services provided electronically and securely via NYS's Internet portal for the
benefit of NYS and its vendors, customers, clients and business partners. The
Online Services offered by NYS are expected to expand and change over
time.
"Vendor" shall mean an entity providing goods or services to the
State of New York.
“Customer” shall mean an entity receiving value
from the State of New York and providing payments to the State of New York.
“Invoice” or “Invoices” shall mean a written or electronic request
for a contract payment that is submitted by a contractor setting forth the
description, price, and quantity of goods, property, or services delivered or
rendered, in such form and supported by such other substantiating documentation
as the State Comptroller or individual State Agency may reasonably require.
“State Business Unit” shall mean a State Agency receiving
goods and/or services.
“Online Business Unit” shall mean a State Business Unit with
direct access to the Statewide Financial System (SFS) that processes a majority
of its payments through direct access to SFS.
“ePayments”
shall mean the Office of the State Comptroller’s electronic payment program
that allows payments to be directly remitted into a vendor’s bank account
(Direct Deposit).
“eSettlements”
shall mean a module available to vendors in the Service which allows a vendor
to submit invoices to the State electronically.
“eBill
Payment” shall mean a module available to customers in
the Service which allows a customer to view electronic bills, review payments
and submit payments directly to the State.
3. ACCEPTANCE OF TERMS
All Users represent that they fully accept and agree to be bound by all of the
terms of this TOS, on their own behalf and, if acting on behalf of an entity,
on behalf of such entity.
4. DESCRIPTION OF SERVICES
NYS has created these Services to expand and improve services to Users, by
providing convenient access to information and a means to conduct transactions
online. The Service will provide Users with access to a rich collection of
resources. The Services are under continuous development, and their
capabilities are expected to grow substantially over the coming years.
5. ACCESS TO SERVICES
Access to Services
Users are responsible for obtaining access to the Services. Such access may
involve third-party fees (such as Internet service provider or airtime
charges). In addition, all Users must provide, and are responsible for, all
equipment necessary to access the Services. In connection with such access, all
Users should be aware that free Internet accounts are available from several providers,
and access to the Internet is available at no charge at many public libraries
and other public facilities.
Voluntary Usage
Use of these Services is completely voluntary. Pursuant to New York State
Technology Law section 305, if a User chooses not to complete his/her
transactions in electronic format, such User shall have the option of
completing the transaction(s) with NYS utilizing a paper format.
6. ENROLLMENT AND ENROLLMENT OBLIGATIONS
Individual Users:
If an Individual User uses the Services, such Individual User represents that
he/she will: (i) provide true, accurate, current and complete Enrollment Data;
(ii) maintain and promptly update the Enrollment Data to keep it true,
accurate, current and complete; and (iii) access and use the Services
consistent with and subject to the TOS. If an Individual User provides any
information that is untrue, inaccurate, not current or incomplete, or NYS has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or in violation of the TOS, NYS has the right, in
addition to any other rights created under the TOS or applicable law, to
suspend or terminate such Individual User's account and refuse any and all
current or future use of the Services, or any portion thereof.
Primary Authorizer:
The individual who initially enrolls for the Services on behalf of a
Business/Government User shall be recognized by the system as the Primary
Authorizer unless and until that individual (or another individual authorized
by the Business/Government User following procedures described in the
applicable Services pages) sends a communication designating a replacement. The
Primary Authorizer shall have the authority to: agree to the TOS on behalf of
his/her Business/Government employer; change the Enrollment Data; add
additional individual accounts; view or submit changes to information
previously submitted to NYS; and terminate the rights of such individual
accounts.
If a Primary Authorizer uses the Services, such Primary Authorizer represents
that he/she is authorized to act on behalf of the Primary Authorizer's
Business/Government User. If the Primary Authorizer acts on behalf of a
Business User, such Primary Authorizer represents he/she will: (i) provide
true, accurate, current and complete Enrollment Data; (ii) maintain and
promptly update the Enrollment Data as necessary to keep it true, accurate,
current and complete; and (iii) along with any Users to whom such Primary
Authorizer assigns access, access and use the Services consistent with and
subject to the TOS. If the Primary Authorizer, or any Users to whom such
Primary Authorizer assigns access, access or use the Services in a manner
inconsistent with the TOS, or provide any information that is untrue,
inaccurate, not current or incomplete, or NYS has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or in
violation of the TOS or applicable law, NYS will have the right, in addition to
any other rights created under the TOS, to suspend or terminate any
Business/Government account or any portion thereof, and refuse any and all
current or future use of the Services, or any portion thereof.
Authorizers and Authorized Users:
If an Authorizer or an Authorized User uses the Services, such Authorizer or
Authorized User represents that he/she has read and understand the TOS and the
obligations placed upon such Authorizer or Authorized User and his/her
Business/Government User, and understands that the Authorizer's Primary Authorizer
or the Authorized User's Authorizer has agreed on behalf of the
Business/Government User that the Authorizer or Authorized User will access and
use the Services consistent with and subject to the TOS. Therefore, the
Authorizer or Authorized User will comply with all such obligations imposed
upon the Authorizer or Authorized User and his/her Business/Government User by
the TOS in the Authorizer's or Authorized User's use of the Services.
7. NYS PRIVACY POLICY
All Users:
Any personal information (i.e., any information concerning a natural person
which, because of name, number, symbol, mark, or other identifier, can be used
to identify that natural person) a User provides through the Services is
subject to NYS's Privacy Policy. As set forth in the Privacy Policy, the
voluntary disclosure of personal information to NYS by the User, whether
solicited or unsolicited, constitutes consent to the collection and disclosure
of the information by NYS for the purposes for which the User disclosed the
information to NYS, as reasonably ascertainable from the nature and terms of
the disclosure, including collection and disclosure for the purpose of
validating the identity of the User. Further, NYS may disclose information to
Federal or State law enforcement authorities to enforce the NYS's rights
against unauthorized access or attempted unauthorized access to NYS's
information technology assets. In addition, information provided may be subject
to disclosure pursuant to the NYS Freedom of Information Law. (Public Officers
Law §87 et. seq.) NYS's Privacy Policy may be read in its entirety by clicking:
https://www.osc.state.ny.us/policy.htm
NYS's Privacy Policy is updated from time to time and should be consulted
frequently so that the Users may be apprised of any changes.
8. USER ACCOUNT, PASSWORD AND SECURITY
Individual Users:
Upon the initial completion of the Services enrollment process, a link to a
secure website will be delivered to an Individual User via email where the
Individual User can complete the enrollment process by establishing his/her
password. . An Individual User is responsible for maintaining the
confidentiality of the password and his/her user ID and is fully responsible
for all activities that occur under the Individual User's password or account.
An Individual User will (a) immediately notify NYS of any unauthorized use of
the Individual User's password or account or any other breach of security, and
(b) exit from the Individual User's account at the end of each session. The
Individual User agrees that NYS cannot and will not be held liable for any loss
or damage arising from the Individual User's failure to comply with this
Section 8 or any other requirements of the TOS.
Business/Government Users:
Primary Authorizers:
Upon the initial completion of the Services enrollment process, a link to a
secure website will be delivered to a Primary Authorizer via email where the
Primary Authorizer can complete the enrollment process by establishing his/her
password. The Primary Authorizer is responsible for maintaining the
confidentiality of the password and his/her user ID and is fully responsible
for all activities that occur under such password or account. The Primary
Authorizer will (a) immediately notify NYS of any unauthorized use of the Primary
Authorizer's password or account or any other breach of security; (b)
immediately notify NYS of any unauthorized use of passwords or accounts or any
other breach of security relating to the account and (c) exit from the Primary
Authorizer's account at the end of each session. The Primary Authorizer agrees
on behalf of the Business/Government User that NYS cannot and will not be
liable for any loss or damage arising from the failure of the Primary
Authorizer, or any Authorizer or Authorized User to comply with this Section 8
or any other requirements of the TOS.
Authorizers and Authorized Users:
The Primary Authorizer can set up additional Authorizer account(s) by setting
up additional User ID(s). Any Authorizer, including the Primary Authorizer, can
assign accounts to Authorized Users by setting up additional User IDs. A link
to a secure website will be delivered to Authorizers and Authorized Users via
email where they can complete the enrollment process by establishing their
passwords. Authorizers and Authorized Users are responsible for maintaining the
confidentiality of the password and their user IDs, and are fully responsible
for all activities that occur under their passwords or accounts. Authorizers
and Authorized Users will (a) immediately notify NYS of any unauthorized use of
their passwords or accounts or any other breach of security; and (b) exit from
their accounts at the end of each session. NYS cannot and will not be liable
for any loss or damage arising from the failure of Authorizers or Authorized
Users to comply with this Section 8 or any other requirements of the TOS.
9. INFORMATION PROTECTION AND SECURITY
All Users:
As part of this grant of access to the Services, all Users will protect any
data accessed through the Services from malfeasance, loss, theft, or other
malicious activity that would negatively impact the confidentiality, integrity
or availability of the data obtained from the Services. Any noncompliance with
these protection and security requirements may result in suspended access or
revocation of access rights. Additionally, where circumstances warrant, NYS may
pursue civil and/or criminal penalties.
All Users will protect all information that is transformed to a printed format
according to the sensitivity of the data. All Users will protect printouts from
the Services from alteration, loss, theft, unauthorized access or distribution
or other malicious activity.
If a User needs help and guidance on effective procedures to comply with these
protection and security requirements, he/she may contact the Statewide
Financial System Help Desk at Helpdesk@sfs.ny.gov.
The Help Desk may forward such User inquiry to another NYS office, as
appropriate.
Authorizers:
Authorizers are responsible for developing procedures and guidelines that will
ensure that the Users they enroll will protect and secure the data that is made
available via the Services. When necessary to facilitate the enrollment of such
Authorized Users, NYS may disclose the Authorizer's name to other Users in the
Authorizer's Business/Government entity.
10. USER CONDUCT
All Users:
In the use of the Services no User will:
a. Tamper with another User's account, impersonate any person or entity,
including, but not limited to, an NYS official, forum leader, guide or host,
any business or government official, a vendor which such User is not authorized
to represent; a customer which such User is not authorized to represent; or
falsely state or otherwise misrepresent such User's affiliation with any person
or entity;
b. Forge or replace headers or otherwise manipulate identifiers to disguise the
origin of any content transmitted through the Services;
c. Disrupt the normal flow of information or otherwise act in a manner that
negatively affects other Users' ability to engage in real time exchanges;
d. Interfere with or disrupt the Services or servers or networks connected to
the Services, or violate any requirements, procedures, policies or regulations
of networks connected to the Services; and/or
e. Violate any applicable local, state, national or
international law or regulation, including, but not limited to: regulations
promulgated by the U.S. Securities and Exchange Commission; any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ.
All Users will evaluate and bear all risks associated with the use of the
Services or any information obtained from the Services, including any reliance
on the accuracy, completeness, or usefulness of such content. In this regard,
no User may rely on any content created by, or submitted to, NYS, including
without limitation, information in NYS messages and information from any part
of the Services.
NYS may access, preserve and disclose a User's account information and content
if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to: (a) comply with legal
requirements or legal process; (b) enforce the TOS; (c) respond to claims that
any content violates the rights of third parties; (d) respond to User requests
for customer service; or (e) protect the rights, property or personal safety of
NYS, its Users and/or the public.
The technical processing and transmission of the Services, including User
content, may involve (a) transmissions over various networks, and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices.
11. INTERSTATE NATURE OF COMMUNICATIONS ON NYS NETWORK
All Users:
In using the Services to send electronic communications (including but not
limited to email, search queries, and other Internet activities), Users will be
causing communications to be sent through NYS's computer networks, portions of
which are located outside New York State. As a result, and also as a result of
NYS's current network architecture and business practices and the nature of
electronic communications, even communications that seem to be intrastate in
nature will result in the transmission of interstate communications regardless
of where a User is physically located at the time of transmission. Accordingly,
use of the Services results in interstate data transmissions.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
All Users:
Recognizing the global nature of the Internet, Users must comply with all local
rules regarding online conduct and acceptable content. Specifically, Users must
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which they reside.
13. INDEMNITY
All Users:
Each User expressly indemnifies and holds NYS and its officers, agents,
employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
content such User submits, posts, transmits or otherwise makes available
through the Services, such User's use of the Services, such User's connection
to the Services, such User's violation of the TOS, or such User's violation of
the rights of another.
14. NO RESALE OF SERVICES
All Users:
No User will reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purpose, any portion of the Services (including such User's User ID
or password), use of the Services, or access to the Services.
15. MODIFICATIONS TO SERVICES
All Users:
NYS reserves the right at any time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice. NYS
will not be liable to any User or to any third party for any modification,
suspension or discontinuance of the Services. Unless explicitly stated
otherwise, any new features that augment or enhance the current Services,
including the release of new NYS applications, will be subject to the
TOS.
16. TERMINATION
A. Termination by NYS:
All Users:
NYS may, under certain circumstances and without prior notice, immediately
terminate a User's account and access to the Services. Cause for such
termination may include, but is not limited to: (a) breaches or violations of
the TOS or other incorporated agreements or guidelines; (b) requests by law
enforcement or other government agencies; (c) a User's request (self-initiated
account deletions); (d) discontinuance or material modification to the
Services, or any part thereof; (e) technical or security reasons; (f) extended
periods of inactivity; and/or (g) a User's engagement in fraudulent or illegal
activities.
Further, all Users agree that all terminations by NYS may be made at NYS's sole
discretion and that NYS will not be liable to any User or any third party as a
result of the termination of a User's account or access to the Services for any
reason.
B. Termination by User:
Business/Government Users:
Primary Authorizers:
A Primary Authorizer may terminate, in its entirety, the account of the entity
which he/she is authorized to represent, including all Authorized User
accounts, by contacting the Statewide Financial System Help Desk at Helpdesk@sfs.ny.gov.
Authorized Users:
To terminate his/her account, an Authorized User must contact his/her Primary
Authorizer or any other Authorizer designated by such Authorized User's
Business/Government entity to terminate accounts.
C. Scope of Termination:
Termination of a User's account includes: (a) removal of access to all
offerings within the Services; (b) deletion of that User's password and all
related information; and (c) barring of further use of the Services. A User's
choice to terminate use of the Services will not limit that User's ability to
take advantage of other features of the NYS website, including browsing or
downloading publicly available information.
17. LINKS
All Users:
The technical processing and transmission of the Services, including a User's
content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices.
The Services may provide links to other World Wide Web sites or resources
external to NYS. NYS has no control over such sites and resources. Therefore,
NYS is not responsible for the availability of such external sites or
resources, or for the accuracy of the data contained therein, and NYS does not
endorse and is not responsible or liable for any content, advertising, products
or other materials on or available from such sites or resources. NYS shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such external site or
resource.
18. INTERFACE
All Users:
The Systems may be interfaced with outside systems which contain stored
information. While NYS may utilize this stored information, NYS has no control
over such information. Therefore, NYS does not endorse and is not responsible
for the availability or accuracy of such external information. NYS shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
external information available on the Systems.
19. NYS'S PROPRIETARY RIGHTS
All Users:
The Services and any necessary software used in connection with the Services
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
NYS grants each User a personal, non-transferable and non-exclusive right and
license to use the object code of this Software; provided that such User does
not (and does not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. No User will modify the Software
in any manner or form, or use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the
Services. No User will access the Services by any means other than through the
interface that is provided by NYS for use in accessing the Services. Use of an
interface other than that provided by NYS to access Services is unauthorized
access.
20. DISCLAIMER OF WARRANTIES
All Users:
a. THE USE OF THE SERVICES IS AT THE USER'S SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYS AND
ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT;
b. NYS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SERVICES WILL MEET A USER'S REQUIREMENTS; (ii) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY A USER THROUGH THE SERVICES WILL MEET A USER'S
EXPECTATIONS; AND, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c. NYS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS; AND
d. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF A
USER, OR ANYONE IN A USER'S FAMILY, HAVE AN EPILEPTIC CONDITION, SUCH USER WILL
CONSULT HIS/HER PHYSICIAN PRIOR TO USING THE SERVICES. SUCH USER WILL
IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT HIS/HER PHYSICIAN IF
HE/SHE EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
21. LIMITATION OF LIABILITY
NYS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICES; (ii) TRANSACTIONS ENTERED INTO AND MESSAGES RECEIVED THROUGH OR FROM
THE SERVICES; (iii) THE COST OF PROCUREMENT OF GOODS, DATA, INFORMATION
PURCHASED OR OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUCH USER'S
TRANSMISSIONS OR DATA; AND (v) ANY OTHER MATTER RELATING TO THE SERVICES. SUCH
DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES).
22. NOTICES
SERVICES MAY INCLUDE CERTAIN COMMUNICATIONS FROM NYS, SUCH AS SERVICE
ANNOUNCEMENTS AND ADMINISTRATIVE MESSAGES, AND THESE COMMUMICATIONS ARE CONSIDERED
PART OF NYS NORMAL BUSINESS. NO USER WILL BE ABLE TO OPT OUT OF RECEIVING SUCH
COMMUNICATIONS. NYS MAY PROVIDE USERS WITH NOTICES, INCLUDING THOSE REGARDING
CHANGES TO THE TOS, BY EMAIL, REGULAR MAIL OR POSTINGS ON THE SERVICES.
23. ELECTRONIC INVOICES
For Vendors Submitting Electronic
Invoices to NYS:
NYS is providing its
vendors the ability to submit electronic invoices to NYS through the Statewide
Financial System Vendor Online Services.
With approval from NYS, vendors with Online
services access will have the ability to access a new module in eSupplier called eSettlements. The eSettlements
module provides vendors with a platform to create and submit electronic
invoices and/or upload an electronic file containing the invoice information
directly to NYS. The use of eSettlements is voluntary but requires vendors to be
enrolled in Online Services.
Administrative
1.
The
vendor is responsible for assigning and/or removing user access to eSettlements.
2.
The
vendor must accept and adhere to any technical requirements that are necessary
for participation in eSettlements.
3.
It
is the responsibility of the vendor to prevent any unauthorized use of
electronic invoicing. Under no
circumstances is NYS responsible for the unauthorized access to or use of
vendor accounts.
4.
NYS
is not responsible for inaccuracies, errors or delays in the submission of the
electronic Invoices by the vendor and is not liable for any loss or damage that
may arise due to an interruption, error or delay in this service.
5.
NYS
reserves the right at any time to temporarily or permanently modify or
discontinue eSettlements with or without notice. The State will not be liable to any vendor or
to any third party for any modifications, suspension or discontinuance of eSettlements.
6.
Unless
explicitly stated otherwise, any new features that augment or enhance eSettlements will be subject to these TOS.
7.
The
vendor is required to retain an Online eSettlements Agreement with all Business Units.
Maintenance of
Information
8.
The
vendor must be participating in ePayments to
participate in eSettlements. It is the responsibility of the vendor to
provide the Vendor Management Unit with current and accurate ePayment information to ensure the vendor continues to
receive ePayments.
The vendor must continue to receive electronic payments from NYS to
maintain approved access to eSettlements.
9.
The
vendor will maintain and promptly update its vendor information to keep it
true, accurate, current and complete.
This includes, but is not limited to: (i) legal business name; (ii)
“remit-to” address and all other addresses on the vendor record; (iii) primary
contact and all contacts on the vendor record; and (iv)
banking information.
Delivery,
Submission and Processing of Invoices
10.
It
is the responsibility of the vendor to communicate with the NYS Business Unit
to determine if it is able to receive electronic Invoices.
11.
The
vendor will provide true, accurate, current and complete Invoices. Vendors that submit electronic Invoices
through eSettlements shall not submit the same
Invoice more than once, including in electronic and/or paper format, unless
expressly authorized to do so by the State in writing.
12.
All
electronic Invoices submitted by the vendor must include the following
information: (i) NYS Business Unit
Purchase Order number; (ii) name or business unit identifier (e.g., OGS01) of
the NYS Business Unit purchasing the good and/or service; (iii) a unique
Invoice number; and (iv) the Purchase Order line
number.
13.
The
vendor must reference only one purchase order per electronic invoice.
14.
If
supporting documentation is necessary to process a payment, it is the
responsibility of the vendor to attach such documentation and/or Invoice
attachments directly to the electronic Invoice in the eSettlements
self-service section. The vendor must
establish an agreed upon procedure with each NYS Business Unit to transmit
supporting documentation and/or Invoice attachments for (i) all electronic file
transfer Invoices or (ii) self-service invoices if the size of the attachment
exceeds the allowable limit .
15.
The
vendor is responsible for the content, authenticity and justification of all of
its Invoices.
16.
It
is the responsibility of the vendor to ensure delivery of the electronic
Invoice to the NYS Business Unit for payment.
The vendor must designate a contact on its vendor file record with a
valid e-mail address that will be solely used for receiving email notifications
of a failed Invoice transmission(s).
17.
The
vendor acknowledges the “Invoice Received Date” for electronic Invoices will be
the date on which a proper electronic Invoice is received, or the next
succeeding business day if a proper Invoice is received after 5:00 p.m. Eastern
Time.
18.
The
vendor acknowledges that NYS reserves the right to reject, modify, seek clarification or request additional information in
support of an Invoice.
19.
The
vendor certifies that: any and all Invoices submitted electronically to NYS are
just, true and correct; that the goods and/or services have been rendered
and/or furnished; that no part thereof has been paid or will be paid from any
other source except as stated; that the balance is actually due and owing; and
the taxes from which NYS is exempt are excluded from the Invoice.
24. ELECTRONIC BILL
PAYMENT
For Customers Submitting
Electronic Payment to NYS:
NYS is providing its
customers the ability to submit electronic payment to NYS through the Services.
With approval from the State, customers
with Services access will have the ability to access eBill
Payment. The use of eBill
Payment is voluntary but requires customers to be enrolled in Online Services.
Administrative
1.
The
customer is responsible for assigning and/or removing user access to eBill Payment.
2.
The
customer must accept and adhere to any technical requirements that are necessary
for participation in eBill Payment.
3.
It
is the responsibility of the customer to prevent any unauthorized use of eBill Payment. Under
no circumstances is NYS responsible for the unauthorized access to or use of
customer accounts.
4.
NYS
is not responsible for inaccuracies, errors or delays in the submission of the
electronic payments by the customer and is not liable for any loss or damage
that may arise due to an interruption, error or delay in this service.
5.
NYS
reserves the right at any time to temporarily or permanently modify or
discontinue eBill Payment with or without notice. NYS will not be liable to any customer or to
any third party for any modifications, suspension or discontinuance of eBill Payment.
6.
Unless
explicitly stated otherwise, any new features that augment or enhance eBill Payment will be subject to these TOS.
Maintenance of
Information
7.
The
customer will maintain and promptly update its customer information to keep it
true, accurate, current and complete.
This includes, but is not limited to: (i) legal business name; (ii)
addresses on the customer record; (iii) primary contact and all contacts on the
customer record; and (iv) banking information.
Delivery,
Submission and Processing of eBill Payments
8.
The
customer authorizes NYS to initiate an eBill Payment for
the amount(s) specified from the customer’s bank account on the specified
payment date(s). Customer agrees to be responsible
for all payments originated using eBill Payment.
9.
The
customer acknowledges eBill Payments will be credited
to their NYS agency customer account within one business day.
10.
The
customer authorizes NYS to debit the amount of the eBill
Payment from the customer’s bank account.
The amount of the payment will be debited from the customer’s bank account
within three business days of the selected payment date.
11.
The
customer acknowledges that the origination of ACH transactions to NYS must
comply with the provisions of State and Federal law.
12.
The
customer acknowledges payments made through eBill
Payment may be returned due to non-sufficient funds in the customer’s bank
account. When this occurs, the customer
will be notified and the customer’s account will be adjusted accordingly. The customer is responsible for authorizing a
new payment to the NYS by check or through eBill
Payment.