Third-Party Payments - Terms of Use  

Please read the following Terms of Use that govern access and use of the Third-Party Payments (TPP) web application.

The TPP web application is owned and operated by the State of California, Franchise Tax Board (FTB) and allows authorized third-party payers to electronically submit payment of amounts withheld from taxpayers pursuant to earnings withholding orders (wage garnishments), orders to withhold, continuous orders to withhold, and other types of withholdings to FTB. All other uses are prohibited and constitute misuse of property of the State of California.

By selecting the “I Accept”  button, you knowingly and voluntarily agree to be bound by the Terms of Use, which is a binding electronic agreement between you and FTB. In addition, you agree to comply with any accompanying documentation that apply to your access and use of the TPP web application, including the Third-Party Payer User Guide, and any change or amendment. You also agree that any violation of any term or condition may result in the denial of your registration, or the suspension, limitation, blocking, revocation, or termination of your access and use of the TPP web application.

The Terms of Use are subject to change without notice. Please review the Terms of Use, so that you will be aware of any changes. If you do not agree to the revised Terms of Use, you must stop using the TPP web application.

“You” means both you individually and as a representative with authority to act on behalf of your company, including a Primary Contact and Contact (defined below).

“Company” means the business entity on whose behalf you are an authorized representative.

Registration

Use of the TPP web application is voluntary. To access and use the TPP web application, you will need to provide FTB with requested information for registration and accept the Terms of Use. If you do not provide the required information or accept the Terms of Use, then you will not be able to access or use the TPP web application.

Only an individual with authority to act on behalf of the Company, including authority to authorize payments from the Company’s bank account(s), may register for the Company’s TPP Account as the Primary Contact and enroll the Company as a Third-Party Payments Provider. The Primary Contact may add an individual who is an authorized representative of the Company and has authority to authorize electronic payments from the Company’s bank account(s) as an authorized user to the Company’s TPP Account (a Contact).

The Primary Contact agrees to ensure that every Contact has read and complies with the terms of use.

The Primary Contact is responsible for all access, activity, use, and transmissions that take place under the user name and password of the Company's TPP Account.

You are prohibited from registering for another person and/or impersonating, imitating, or pretending to be another person when registering for a TPP Account.

To register for a TPP Account on behalf of the Company, the Primary Contact will be required to enter certain identifying personal information (including their full legal name and their email address with the Company) and to create a unique user name and password. Do not use a disposable or temporary email address for registration.  The Primary Contact will also need to enter the Company’s name, Federal Employer Identification Number (FEIN), business address, and Third-Party Payer number.  We will need the Company’s banking information, including the bank name, routing number and account number, to process any payment. In addition, the Primary Contact will need to enter additional identifying information about each authorized user added as a Contact, including their full name, job title, email address, and business phone number.

You agree to provide true, accurate, current, and complete information as prompted by the registration process, and you agree that you will maintain and promptly update this information to keep it true, accurate, current, and complete. You must notify us immediately, but no later than 30 days after the change, of any changes to your registration or enrollment information.

If you provide information that is false, inaccurate, obsolete, misleading or incomplete, or if FTB has reasonable grounds to suspect that information you provided is false, inaccurate, obsolete, misleading or incomplete, then we may deny your registration and/or enrollment, and/or limit, block, suspend, revoke, or terminate the TPP Account.

Access and Use

You and all authorized users must keep the account user name and password confidential.

You may receive emails at the email address you provided during registration or enrollment for updates and activities on the Company’s account. You are responsible for any charges or fees assessed by your providers of Internet, telephone, and mobile services.

We reserve the right to limit, deny, block, suspend, revoke, or terminate access to and use of the TPP web application to any user at any time without notice for any reason, including but not limited to, breach of the Terms of Use, unauthorized access or use, inactivity or nonuse of an account, unauthorized access or use of the user name or password, or if we have reason to believe the Company’s account has been compromised. 

Access to and use of the TPP web application may also be limited, denied, blocked, suspended, revoked, or terminated by FTB at any time due to conditions or actions by any person that may lead to security risks or liability for FTB, equipment failure, equipment, software or web application maintenance, an emergency situation, violation of applicable local, state or federal laws, regulations or ordinances, or as required by law, regulation, ordinance or court order.

The TPP web application allows authorized Third-Party Payers to electronically submit payment of amounts withheld from taxpayers pursuant to earnings withholding orders (wage garnishments), orders to withhold, continuous orders to withhold, and other types of withholdings to FTB. The payments will be made as an ACH debit transaction from the Company’s bank account.

Each ACH transaction must be authorized by a Primary Contact or Contact. For your information, the authorization provides the following terms:

If a scheduled payment date falls on a Saturday, Sunday, or holiday, the Company understands that the payment may be executed on the next business day. The Company understands that because these are electronic transactions, the funds may be withdrawn from the Company’s bank account as soon as the stated transaction date, and that it will have limited time to report and dispute errors.  If FTB cannot deduct a payment from the account because of insufficient funds or because the account is closed, the Company understands and agrees that FTB may charge a dishonored payment penalty. The Company also acknowledges that it will be responsible for any overdraft fees charged by the bank.

The Company has certified that the Company’s bank account is enabled for ACH transactions and agrees to reimburse FTB for all penalties and fees incurred as a result of the Company’s bank rejecting ACH debits as a result of the account not being properly configured for ACH transactions. The Company understands that the debit entry will be a Corporate Credit or Debit (CCD) entry.  Both parties agree to be bound by the National Automated Clearing House Association (NACHA) Operating Rules as they pertain to the electronic transactions. The Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of United States law. The Company agrees not to dispute these scheduled transactions with its bank provided each transaction correspond to the terms indicated in the authorization for each payment.  The Company understands that each scheduled payment authorization will remain in effect unless FTB is contacted at least two business days prior to each scheduled payment date to cancel the payment.

You are prohibited from using the TPP web application for any purpose that is unlawful, prohibited by the Terms of Use, or for any other purpose not reasonably intended by FTB.

The Primary Contact and any Contact may deactivate the Company’s TPP Account. Once deactivated, only the Primary Contact may reactivate the account.

Protecting the Account

Notification of Unauthorized Access

Unauthorized access into the TPP web application or misuse may constitute crimes under state and/or federal law. We reserve the right to pursue any such violations and prosecute to the fullest extent permitted by law.

To protect confidential information, you are required to notify FTB as soon as you are aware of any suspected information security violation, such as:

  • The user name or password is lost, stolen, or compromised.
  • Any unauthorized access to or use of the Company’s account.
  • Any other breach of security has occurred.

Notification should be made by email to FTB’s Security Operations Center at FTBMyFTBDeactivation@ftb.ca.gov. Include your user name, the email address used to register the Company’s account, and a brief description of the suspected information security violation in your email notification to us. DO NOT include the account password.

Your continued access and use of the TPP web application is subject to you providing all requested information and your full cooperation with us.

FTB staff will never make unsolicited contact to request your user name or password. If you are contacted by anyone requesting this information, immediately report such contact to FTB’s Security Operations Center at FTBMyFTBDeactivation@ftb.ca.gov.

Preventing Misuse

Federal, state, city, and local government laws, regulations, and ordinances are in place to safeguard taxpayer data and personal information. You agree to use appropriate safeguards to prevent any unauthorized use or disclosure of confidential taxpayer information and other personal information. Failure to adhere to your responsibilities for safeguarding taxpayer data and personal information may subject you to legal action. Taxpayer information including data that you transmit through the TPP web application is confidential. Unauthorized access, inspection, disclosure, adjustment, destruction of information through the TPP web application, or misuse of the TPP web application may result in criminal and civil actions and/or penalties under state and federal laws. (Penal Code Section 502, California Revenue and Taxation Code Sections 19542 and 19542.1, Civil Code Sections 1798.53 and 1798.56, Title 26 United States Code Sections 6103, 7216, and 7431, and Title 18 United States Code Sections 1028 and 1030.)

Caution: Is Your Computer Secure?

Additional Provisions

Liability and Limitations

FTB MAKES NO CLAIMS, REPRESENTATIONS, PROMISES, OR GUARANTEES ABOUT THE ABSOLUTE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE TPP WEB APPLICATION AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE TPP WEB APPLICATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND FREEDOM FROM COMPUTER VIRUS OR MALICIOUS OR UNAUTHORIZED CODE, IS GIVEN WITH RESPECT TO THE TPP WEB APPLICATION OR ITS HYPERLINKS TO OTHER INTERNET RESOURCES. FTB DOES NOT WARRANT THAT ACCESS TO THE TPP WEB APPLICATION WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. THE TPP WEB APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS.” YOUR USE OF THE TPP WEB APPLICATION IS AT YOUR OWN RISK. IN PARTICULAR, THE OPERATION OF THE TPP WEB APPLICATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR WEB APPLICATION OR NETWORK FAILURES. FTB DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION AND ERRORS IN FUNCTIONING. FTB DOES NOT WARRANT THAT DATA LOSS WILL NOT OCCUR. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE TPP WEB APPLICATION AND/OR CONTENT IS TO CEASE ALL ACCESS AND USE.

UNDER NO CIRCUMSTANCES WILL FTB, ITS OFFICERS, AGENTS, AND/OR EMPLOYEES BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING FROM, OR IN ANY WAY RELATED TO, THE TPP WEB APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, AND SPECIAL DAMAGES, AND FOR ANY LOST REVENUES, LOST PROFITS AND LOSS OF BUSINESS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE.

IN ADDITION, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FTB, ITS OFFICERS, AGENTS, AND/OR EMPLOYEES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR COSTS THAT YOU SUFFER AS A RESULT OF: (I) YOUR USE OF, OR INABILITY TO USE, THE TPP WEB APPLICATION; (II) ANY INTERRUPTION OR FAILURE OF THE TPP WEB APPLICATION; (III) VULNERABILITIES IN THE TPP WEB APPLICATION; (IV) THE DOWNLOADING OR USE OF ANY INFORMATION, DATA OR MATERIALS OBTAINED THROUGH THE TPP WEB APPLICATION; (V) ANY FAILURE TO COMPLETE A TRANSACTION USING THE TPP WEB APPLICATION, OR ANY LOSS OF DATA DUE TO THE TPP WEB APPLICATION INTERRUPTIONS, DELAYS, NON-DELIVERIES, MISDELIVERIES OR OTHER CAUSE; (VI) ANY LOSS OF DATA; (VII) ANYTHING BEYOND THE REASONABLE CONTROL OF FTB, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OR FAILURE OF A THIRD PARTY'S EQUIPMENT, SERVICES, SOFTWARE OR NETWORK; (VIII) ANY UNAUTHORIZED USE OR MODIFICATION OF THE TPP WEB APPLICATION, OR THE EQUIPMENT, SOFTWARE OR TECHNOLOGY USED TO PROVIDE THE TPP WEB APPLICATION; (IX) VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL OR UNDESIRABLE APPLICATIONS, FILES, DATA OR SOFTWARE; (X) THE ATTEMPT BY UNAUTHORIZED USERS (FOR EXAMPLE, "HACKERS") TO OBTAIN ACCESS TO YOUR DEVICE, DATA, TRANSMISSIONS, WEBSITE, COMPUTER WEB APPLICATION(S), OR NETWORKS; OR (XI) FORCE MAJEURE (EXAMPLES OF SUCH CAUSES, INCLUDE, BUT ARE NOT LIMITED TO, ACTS OF GOD (INCLUDING, BUT NOT LIMITED TO, FIRE, FLOODS, EARTHQUAKES, EPIDEMICS, PANDEMICS), UNUSUAL ACTION OF THE ELEMENTS (WEATHER), STRIKES, RIOTS, LARGE SCALE COMPUTER WEB APPLICATION, NETWORK OR POWER FAILURE, OR ACTS OF THE PUBLIC ENEMY (INCLUDING, BUT NOT LIMITED TO, TERRORISM OR CYBER-ATTACK), ACTS OF THE FEDERAL OR STATE GOVERNMENT IN EITHER ITS SOVEREIGN OR CONTRACTUAL CAPACITY, OR THE COLLATERAL EFFECTS OF ANY OF THE FOREGOING).

NO PROVISION OF THIS AGREEMENT SHALL BE INTERPRETED AS A WAIVER OF OR LIMITATION ON ANY RIGHTS OF FTB TO ASSERT GOVERNMENTAL IMMUNITY OR SOVEREIGN IMMUNITY.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the TPP web application, content or other material used or displayed through the current FTB website or successor site.

There are no third-party beneficiaries to this Agreement.

We reserve the right to modify, suspend, or terminate the TPP web application; modify the requirements for, or terms of access to, the TPP web application; or modify any accompanying policies, for any reason, at any time and without notice. Upon any such termination, any and all rights of access to or use of the TPP web application granted to you by FTB will terminate and you must cease use of the TPP web application. Upon termination, you must also comply with Customer’s instruction to return or delete any data accessed or acquired through the TPP web application, unless expressly permitted by FTB or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these TPP web application Terms of Use. However, the Terms of Use will continue to apply to your prior use of the TPP web application and anything related to, or arising from, such use. You agree that FTB will not be liable to you or any third party for any reason, including, but not limited to, use, modification, suspension, or termination of the TPP web application.

You further agree that FTB, its officers, agents, and/or employees are not liable or responsible, and you agree not to seek to hold FTB, its officers, agents, and/or employees liable or responsible, for any losses or damages resulting from the conduct of any third parties, including, but not limited to, unauthorized access to the TPP web application, or unauthorized interception of, or access to, transmissions from your device(s), website, computer web application(s) or network(s), while using the TPP web application.

You also agree to defend, hold harmless and indemnify FTB, its officers, agents, and/or employees from and against any and all third party claims and actions, resulting or arising from your violation of the Terms of Use or in any way related to your access or use of the TPP web application, including all damages, liabilities, costs and expenses, from all claims, losses, damages (actual and consequential), suits, court actions, administrative proceedings, arbitration, mediation, judgments, litigation costs and attorneys’ fees, of every kind and nature.

The Terms of Use constitute the entire agreement with you regarding the access and use of the TPP web application and supersede and replace all prior understandings or agreements, written or oral, regarding the TPP web application. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an FTB authorized representative.

The Terms of Use are governed by and construed in accordance with the laws of the State of California. The Terms of Use are severable and operate separately. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the unenforceable provision will be modified to render it enforceable to the maximum extent possible, and the remainder of the Terms of Use will continue in full force and effect.

Privacy Notice

The privacy and security of your personal information is of the utmost importance to us. You have the right to know what types of information we gather, how we use it, and to whom we may provide it. You have a right to see our records that contain your personal information and bring any inaccuracies to our attention.

We collect relevant personal information through lawful means to administer the California Revenue & Taxation Code (R&TC). Any subsequent use will be consistent with the original purpose. We will not disclose your personal data without your consent, unless authorized by law. We use security technologies to protect your information from unauthorized viewing by either internal or external sources.

Our policies regarding the personal information we collect and manage are governed by law, including the Information Practices Act (Civil Code Sections 1798 – 1798.78), except as provided in R&TC Section 19570. Refer to our Privacy Notice (FTB 1131), which provides additional information regarding use, collection, and disclosure of personal information.

All of the information requested with registration is required to access and use the TPP web application, and we will use it to identify you and the device(s), computer web application(s) and network(s) used to access and use the TPP web application. In addition to the information collected with the registration for the TPP web application, access information is automatically logged by FTB servers and software programs, including the date and time of access, session length, and pages visited under the user name. The stored information will be used to operate, deliver, and improve the TPP web application, monitor access to and use of the TPP web application for security reasons, determine usage for planning and licensing purposes, and terminate access in the event of illegal, unauthorized, or improper use. In the event of illegal or unauthorized use, the information collected may also be used for purposes of investigation and documentation of such use and in connection with any civil, administrative, or criminal proceedings, and may be provided to appropriate law enforcement. We collect, compile, and use statistical information for the purpose of evaluating, managing, and improving the TPP web application operations, and to report statistics regarding the access and use of the TPP web application.

We may disclose your personal information to FTB's officers, employees , attorneys, contractors, and agents for the purposes of verifying users and carrying out duties related to information security and tax administration; to law enforcement; to any individual with your consent (such as, your authorized representative); to comply with subpoenas and government orders; and as authorized by law.

The director of the Privacy, Security, and Disclosure Bureau maintains records related to the TPP web application. You can obtain information about your records by:

Mail:        Disclosure Office MS A181
Franchise Tax Board
PO Box 1468
Sacramento, CA 95812-1468

Phone:    916.845.3226

 Refer to FTB’s Privacy Policy Statement.

 

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