Definitions

As used herein the terms below shall have the associated definitions:

• "ACH" or "ACH Transaction" shall mean an electronically initiated payment from a bank account made through the automated clearing house. ACH transactions received by a bank during the day are stored and transmitted in batches to the automated clearing house. The ACH process and systems are net settlement systems and settlement may be delayed for days. ACH has settlement risks. ACH is not a real-time gross settlement (RTGS) payment which is processed immediately by the central RTGS system.
• "ACH Credit Transfer" is an ACH transaction initiated by a registered user as the payer and includes payments for real estate, UCC and notary fees.
• "GSCCCA" shall mean the Georgia Superior Court Clerks' Cooperative Authority.
• "Registered User" shall mean a superior court which remits and reports real estate, UCC and notary payment data to GSCCCA via the website and services and has a distinct website registered user account.
• "Services" shall mean the website utilities, media and functions as is provided on the website.
• "User" or "Users" shall mean all visitors to the website and each registered user collectively.
• "Website" shall mean the internet site https://epay.gsccca.org, as provided by GSCCCA.

Services Available on This Website

The services made available on this website are the copyrighted work of GSCCCA and/or its vendors. GSCCCA reserves all rights to the website and services which are not expressly granted to a user. Any reproduction or redistribution of the website or services retrieved from the website is expressly prohibited.

The website is made available to users and registered users according to this Terms of Use agreement. By accessing and/or use of the website or any of its services you, as a user, agree to each applicable provision of these Terms of Use and conditions all conditions found herein.

Copyright Notice

Copyright © 1995-2024 Georgia Superior Court Clerks' Cooperative Authority, 1875 Century Boulevard, Suite 100, Atlanta, Georgia 30345. For more information contact Mike Smith, Director, GSCCCA Communications at (404) 327-9058 or by email at mike.smith@gsccca.org.

All rights not expressly granted herein are reserved in their entirety. Contact webmaster@gsccca.org if you should have any questions or problems with this site.

No Unlawful or Prohibited Use

As a condition of use of the website and services, users will not use the website and any of the services made available on the website for any purpose that is unlawful or prohibited by these terms and conditions. Users may not use the website and services in any manner that could damage, disable, overburden, or impair any GSCCCA server, or the network(s) connected to any GSCCCA server. Users shall not interfere with any other party's use and enjoyment of the website and services. Users may not attempt to gain unauthorized access to the website or any services, other accounts, computer systems, or networks connected to any GSCCCA server or to any of the services, through hacking, password mining, or any other means. Users may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the website and services. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal, and injunctive redress.

If you violate these Terms of Use, GSCCCA may terminate access and use of the website, any user ID, and/or user account, and bar the user from future use of the website and/or take appropriate legal action against the user.

Website Availability

GSCCCA works to keep the website and services running and available. However, there is the possibility that there may be periods of disruption of the website or the services from time to time. In the event of any such disruption, GSCCCA shall not be liable for such disruption or any loss a user may suffer resulting from such disruption.

Links to Sites Outside the Dominion and Control of GSCCCA

Any links to websites outside of courttrax.org or the GSCCCA domain allow you to leave GSCCCA's websites. GSCCCA does not have control of these other sites, and GSCCCA is not responsible for the contents of any site outside of the GSCCCA domain or any domain contained in a linked site, or any changes or updates to such sites. GSCCCA provides any such links only as a convenience. The inclusion of any link is merely a convenience to the user and is not an endorsement by GSCCCA of any linked site.

Registered Users

To have the ability to initiate real estate, UCC and notary payments using the website, each reporting user shall establish a distinct registered user account. Registered users shall take all reasonable precautions and measures to protect their account from unauthorized use. Registered user accounts may be established at no charge on the online registration page of the website and shall be subject to approval by GSCCCA.

ACH Payment Transactions

GSCCCA allows registered users to electronically report and authorize the initiation of ACH transactions for payment of real estate, UCC and notary fees using one or more bank accounts.

UCC and notary payments shall be submitted to the GSCCCA by the due date specified on the monthly invoice. Real estate payments shall be submitted to the GSCCCA by the end of the month following the collection of the fee.

Real estate, UCC and notary payments shall be initiated by the applicable superior court as an ACH credit transfer from a registered user bank account. Registered users with real estate, UCC or notary fees due to the GSCCCA shall be timely submitted to GSCCCA.

Registered users shall ensure that their ACH payment account always has sufficient funds to make the payments contemplated and shall be responsible for all costs, expenses or other fees and charges incurred by GSCCCA because of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the ACH payment account, or otherwise.

The registered user hereby agrees to undertake all necessary actions, execute any required documents, instruments, or agreements, or to otherwise take any other measure required or requested by GSCCCA to effectuate the requirements of this Section.

Provisional ACH Credit

The registered user acknowledges that ACH rules make provisional any credit given for an entry until final settlement. If any final settlement is not completed, the related entry and obligation shall not be deemed to have been paid by the registered user. The registered user agrees that it shall be responsible for any ACH refunds, and GSCCCA shall have the right to be reimbursed by the registered user for all such refunds or other amounts that are charged to GSCCCA in connection with the ACH service.

ACH Limitations of Liability

GSCCCA shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation, third parties used by GSCCCA in executing any payment order relating to a transfer or performing a related act. No such third party shall be deemed to be a GSCCCA agent.

If GSCCCA fails or delays initiating a transfer, or if GSCCCA makes a transfer in an erroneous amount that is less than the amount due per an approved registered user report, GSCCCA liability shall be limited to correcting the error and causing a supplemental ACH transfer to occur to complete the payment obligation of the registered user.

If GSCCCA initiates an ACH transaction in an erroneous amount that exceeds the amount due per an approved registered user report, or if GSCCCA initiates an unauthorized payment or transfer after a reasonable time to act on a notice from a registered user of possible unauthorized use, GSCCCA liability will be limited to a refund of the amount erroneously paid or transferred. In no event will GSCCCA be liable for special, indirect, or consequential damages including, without limitation, loss or damage from subsequent wrongful dishonor resulting from GSCCCA acts or omissions, even if advised in advance of the possibility of such damages. GSCCCA shall not be liable for any attorney's fees, except as required by law.

Refunds and Credits

In limited situations, GSCCCA may allow a registered user to receive an applicable credit or refund where the registered user caused an overpayment to be made by submitting an erroneous report.

If an overpayment is identified prior to collection, GSCCCA may attempt to cancel the ACH transaction.

If funds have already been settled and collected, GSCCCA may at its option:

• issue a check to the registered user for a refund;
• allow the registered user to apply a credit to their next real estate, UCC or notary remittance, or
• generate an ACH transaction to the registered user in the amount of the overpayment.

Indemnification

The registered user will defend, hold harmless, and indemnify GSCCCA from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees to the extent resulting from, alleged to have resulted from, or in connection with any registered user’s breach of the obligations herein.

Warranties Limitations and Exclusions

GSCCCA MAKES NO WARRANTIES OR GUARANTEES EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICES. USERS UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT THE RISK OF THE USER AND THAT THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AS AVAILABLE. USERS BEAR THE ENTIRE RISK OF USING THE WEBSITE AND SERVICES. GSCCCA EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. USERS ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. GSCCCA DOES NOT GUARANTEE THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DOES GSCCCA GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM ANY APPLICABLE COMPUTER NETWORKS.