TERMS OF SERVICE

Welcome to the Commonwealth of Pennsylvania, Public School Employees’ Retirement System (“PSERS”) web site (the "Web Site") and to PSERS Online Services (“Services”).

PSERS is willing to make the Services available to you, an employer that has payment/funding obligations to PSERS under the Public School Employees’ Retirement Code, Title 24, Pa. C.S. §§ 8101 et seq. (“Retirement Code”), only upon your agreement that your access and use of the Services will be subject to the following Terms of Services, as amended or replaced (“TOS”).

The TOS are an agreement between PSERS and users of the Services ("you").  Your usage of the Services constitutes your acknowledgement that you have read and accept the TOS.  Each individual accessing the Services on your behalf (“user”) acknowledges that such user is authorized to act on your behalf with respect to (1) agreeing to the TOS and any other agreement required to use the Services, (2) access to the Web Site, and (3) use of Services.  The TOS may be revised without notice and become effective and binding upon posting on the Web Site and your use of the Web Site. The TOS provided here are the first terms of service in relation to the Web Site that is expected to be operational in early 2026.

Please read this entire document because it contains important information.

1.      DEFINITIONS

The following defined terms are used in these TOS:

 

"Payee" means PSERS to which you authorize a bill payment to be directed.

Payee Account” means the billing account with PSERS to which you authorize a bill payment to be directed.

"Payment Instruction" means your instruction and authorization to PSERS to make a bill payment to Payee.

"Payment Account" means the bank account that you authorize us to debit by electronic funds transfer when you make your bill payment using account information from your checking or savings account.

"Business Day" means Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" means the Business Day of your choice upon which we will attempt to complete your bill payment and initiate the appropriate debit to your Payment Account.

 

2.      DESCRIPTION OF SERVICES

A.     GENERAL SITE USAGE

The Services provide users with access to various on-line resources, including applications that allow you to view your bill. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to the TOS. Upon your acceptance of the TOS by usage, PSERS grants you a personal, nonexclusive, nontransferable, license to access and use the Services, subject to the TOS, solely for your internal purposes. The forgoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. PSERS does, however, reserve the rights to, without notice: (a) modify, suspend or terminate operation of or access to the Services at any time for any reason; (b) modify or change the Services or its applicable operating policies at any time; and (c) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. PSERS also reserves the right to modify the TOS at any time, in which case you will be provided notice that the TOS have been changed. Your continued use of the Services after your notification of the changed TOS constitutes your agreement to the changed TOS.

 

 

B.     BILL PAYMENT SERVICE

When you initiate a Payment Instruction, you authorize PSERS to charge your Payment Account and remit funds to PSERS (Payee Account) on your behalf so that the funds arrive as close to the Business Day designated by you as is reasonably possible. While it is anticipated that most transactions will be processed on the day you choose, it is understood that due to circumstances beyond the control of PSERS, some transactions may take a day or so longer to be credited to your Account.

 

If we are unable to obtain funds for a bill payment for any reason associated with your Payment Account (for example, there is not a sufficient balance available in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, PSERS may attempt to contact you, using the telephone number you have provided.

 

If PSERS makes a bill payment to your Account but is unable to obtain funds for that payment from your Payment Account, you agree that your bill payment will be reversed.

 

3.                OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

PSERS will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. However, PSERS shall incur no liability if a bill payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the Bill Payment Service for any reason whatsoever.

4.            USER NAMES AND PASSWORDS

 

During the registration process for the Services, a User Name and Password (collectively, "Authentication Materials") will be established for your use in accessing the Services. The Authentication Materials are intended for your use only. You agree: (a) not to disclose such Authentication Materials to any third party, (b) to take reasonable care to protect such Authentication Materials from inadvertent disclosure to third parties, and (c) to immediately notify PSERS of any loss or unauthorized use of such Authentication Materials. You agree that you will be responsible all actions taken using your Authentication Materials.

 

5.            YOUR REPRESENTATIONS

 

You hereby represent to PSERS and agree that:

a.      any and all information that you provide to the us through the Services or Web Site will be accurate and complete;

b.      you will not use the Services to access information about any account other than your own;  

c.      you will not provide any information to us through the Web Site or Services, including account information, unless you have the authority to provide such information to us;

d.      you will not use the Web Site or the Services for any illegal or improper purposes;

e.      you will not use:

                           i.          use any robot, spider, other automatic device to monitor or copy portions of the Web Site or Services or the content contained therein without PSERS’s prior written permission, or

                          ii.          any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or Services;

f.       you will not download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site or Services for the purpose of sale, resale, or making other commercial use thereof,

g.      PSERS may send you electronic correspondence describing changes to the Services and these TOS;

h.      the Web Site and Services are made available by PSERS to facilitate your payment/funding obligations to PSERS as provided under applicable law, including the Retirement Code and the TOS shall not be construed to change your obligations under the Retirement Code; and

i.       the TOS are binding upon you upon your use of the Web Site and Services and your representative(s) who accesses and uses the Web Site and Services has been duly authorized to do so and to bind you.

6.            RELIANCE ON THE INFORMATION FROM THE SERVICES

 

While we exercise reasonable efforts to ensure the accuracy of information on our Web Site and accessible through the Services, you acknowledge and agree that your use of the Web Site or Services, and your reliance upon any data or information accessed using the Web Site or Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy and suitability of any information, data, or analytical product available on the Web Site or Services before reliance thereon.

 

7.            WARRANTY DISCLAIMERS

 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE PSERS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE SERVICES OR THE WEB SITE IS AT YOUR SOLE RISK. PSERS  MAKES NO WARRANTY WHATSOEVER ABOUT THE SERVICES, THE WEB SITE, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF INFORMATION PROVIDED ON OR THROUGH THE SERVICES OR WEB SITE, OR THE SECURITY OF THE SERVICES OR WEB SITE. MOREOVER, PSERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PSERS  MAKES NO WARRANTY THAT (A) THE WEB SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) TRANSMISSION OF DATA TO AND FROM THE WEB SITE OR SERVICES WILL BE TIMELY OR ERROR-FREE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT PSERS DOES NOT ENDORSE OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT ON THE SERVICES OR THIS WEB SITE.

 

8.            LIMITATIONS OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PSERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PSERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEB SITE OR SERVICES; (b)  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE WEB SITE OR SERVICES.

 

PSERS will seek to correct any transactions not completed in accordance with your Payment Instructions that come to the attention of PSERS. In the event that PSERS is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall PSERS liability to you ever exceed the amount of funds that we receive from your Payment Account for a bill payment. THE FOREGOING SHALL CONSTITUTE PSERS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL PSERS BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE BILL PAYMENT SERVICE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THE TOS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.

 

9.            INDEMNITY

 

You agree to indemnify, defend and hold PSERS, and its officers, members, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of these TOS, or your violation of any rights of another.

 

10.         MODIFICATION AND TERMINATION

 

PSERS reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site or Services (or any part thereof) with or without notice. You agree that PSERS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or Services. You agree that PSERS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if PSERS believes that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your access to the Services under any provision of this TOS may be affected without prior notice and acknowledge and agree that PSERS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that PSERS shall not be liable to you or any third party for any termination of your access to the Services.

 

11.         GOVERNING LAW/DISPUTES

 

Use of the Web Site or Services and the TOS shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the choice of law provisions thereof. You hereby agree and acknowledge that any legal proceeding involving any contract claim asserted against PSERS arising out of the Services may only be brought before and subject to the exclusive jurisdiction of the Board of Claims of the Commonwealth of Pennsylvania pursuant to 62 Pa. C.S. §§1721-1726, and that such proceeding shall be governed by the procedural rules and laws of the Commonwealth of Pennsylvania, without regard to the principles of conflicts of law. You consent to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania and waive any claim or defense that such forum is not convenient or proper. Any Pennsylvania court or tribunal has in personam jurisdiction over you, and you consent to service of process in any manner authorized by Pennsylvania law. This provision may not be interpreted as a waiver or limitation of PSERS’s rights or defenses.

 

12.         COMPLETE AGREEMENT/SEVERABILITY/NO THIRD PARTY BENEFICIARIES

 

The TOS and any agreements governing use of specific portions of the Services constitute the entire understanding between you and PSERS with respect to the Services and your use thereof, superseding all prior written and oral communications and understandings. If any provision or portion of the TOS is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of the TOS and the remaining provisions and portions of the TOS shall be construed and enforced. These TOS shall not be interpreted or construed to confer any rights or remedies upon any third parties.