Billtrust Subscriber Agreement

Terms and Conditions for AmeriGas and AmeriGas Family of Companies Online Site

AmeriGas Propane, L.P. (together with its affiliates, the “Company”) welcomes you to its Online Website and related sites (the "Company Online Site"). The following terms and conditions govern your use of the Company Online Site. By accessing, viewing, or using the content, material, or services available on or through the Company Online Site, you indicate that you have read and understand these Terms and Conditions, that you agree to them and intend to be legally bound by them. The Company’s General Website Terms and Conditions and Privacy Policy are incorporated into these Terms and Conditions by reference, as if fully set forth herein, click here to review. If you do not agree to these Terms and Conditions, or if you are under 18 years of age, you are not granted permission to use the Company Online Site and must exit immediately.

Registration. In order for you, either as an individual or business, to sign up for the Company’s Online service, E-Pay or AutoPay, you will be asked to register and create an account.

As part of the registration process, you will select a username and password. You are solely responsible for maintaining the confidentiality of your password, and agree that the Company will have no obligations with regard thereto. You agree not to give your username and/or password to anyone. Should you allow others access to your account, username and/or password information, you will be responsible for all actions that such persons might take with respect to your account. If you believe your username and/or password has been lost or stolen or someone has gained access to your username and/or password without your permission, please refer to the change of password section below.

For purposes of identification, billing and marketing, you agree to provide the Company with current, accurate, complete, and updated information required by the online registration. You further agree to provide the Company with current, accurate, and complete data when utilizing the online functionality of the Company Online Site. You agree to notify the Company immediately of any changes in your registration data. The Company is not responsible for your failure to receive any notices or information or any other problem that results from your failure to keep such contact and/or payment information current and accurate.

Privacy. In order to set up electronic payment, automatic payment or online billing, you will be required to provide the Company with certain personally identifying information including your name, address and telephone number, as well as certain non-public personally identifying information such as your zip code and your deposit account or credit card information. Such information will be used in accordance with the Company’s Privacy Policy.

Cancellation. Your access to online services remains in effect until it is terminated by you or the Company. You may cancel your service at any time by notifying us of your intent to cancel in writing, through online account access email, or by calling Customer Service. This cancellation applies to your online services only and does not terminate your account with the Company.

Procedures If Your Username and/or Password Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your Account. If you believe that your Username and/or Password has been lost or stolen, or that someone is using your Username and/or Password without your permission please contact Customer Service immediately at 1-866-243-5470 or send an email to onlinesupport@mypropanecompany.com.

Customer Service is available 8:00 a.m. – 5:00 p.m. EST Monday - Friday (except for New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day) by calling 1-866-243-5470. Customers may also contact their local district office.

Billing Errors or Questions. Notify us in case of errors or questions about your bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, please contact your local Company office. Do this as soon as possible. We must hear from you no later than 60 days after we have sent you the first bill on which the error or problem appeared. You can telephone us, or send an e-mail, but doing so will not preserve your rights.

If you have authorized us to pay your bill automatically from a checking account or credit card, you can stop the payment on any amount you think is wrong up until the day prior to the scheduled payment. To stop the payment, you must cancel the payment in your on-line account. If you schedule a payment from your checking account and want to cancel that payment, you must cancel it on-line by 3:00 PM EST on the date it is scheduled to pay. If you schedule a payment from your credit card and want to cancel that payment, you must cancel it on-line by 11:00 PM EST on the date it is scheduled to pay.

Online Billing. You have the option of receiving your billing statements via US Mail or online. If you register to use Online Billing, we will send you an email notification when a new online bill is available to be viewed. It is your sole responsibility to view your online bills and make a payment for every bill in accordance with the terms of your account. Separate terms and conditions govern the online billing service (see below).

Online Payments. You also have the option to make payments on your account via electronic debits to a deposit account or a credit card account. Separate terms and conditions govern the online payment service (see below).

Disclaimer of Warranties; Limitation of Liability; Hold Harmless.

ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. THE COMPANY MAKES NO WARRANTY THAT THE Company’s ONLINE SERVICES WILL OPERATE AS INTENDED. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICES OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS.

IN NO EVENT (INCLUDING NEGLIGENCE) WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE Company’s ONLINE SERVICES OR FOR ANY ACTION TAKEN BY THE COMPANY TO PROTECT THE SERVICES OR THE BREACH BY THE COMPANY OF ANY WARRANTY.

Some states prohibit limitation of implied warranty rights and remedies. Check your own state law for additional rights.

You acknowledge that communications or transactions conducted online are not absolutely secure. You further acknowledge that there may be system failures that may limit your ability to use the online services available through the Company Online Site. You agree to assume all risk and liability arising from your use of the Company’s online services, including the risk of breach in the security of the communications or transactions you conduct with the Company online. If you register for online services, it will mean that you agree not to make a claim against the Company relating to such online services and that you will hold the Company harmless from any claim, liability or damage resulting from online service in connection with your account.

Changes to the Company Online Site; Termination of Services. The Company may at any time and without notice make changes to the Company Online Site or to the online services described in the Company Online Site. You should read these Terms and Conditions each time before you make a payment to be certain you still agree with their provisions. Your use of the Company’s online services, including billing and payment, after any changes to these Terms and Conditions will constitute your agreement to such change(s). The Company may discontinue any of its services without notice, or require re-enrollment if terms or conditions are modified. The Company may terminate online service for your account if we receive conflicting instructions, if you are in default of these Terms and Conditions or the terms and conditions governing online billing and online payments, if your account is in default or otherwise not in good standing, or if we determine that an online service is being used improperly.

E-Sign Consent. Federal law requires certain disclosures be provided to you and that we advise you of certain rights regarding those disclosures. In order to make your registration for online services quicker and more convenient, with your consent, we will provide you with these disclosures electronically, rather than by postal mail or in person. Prior to registering for online services, including billing or automatic bill payment you must consent to the terms and conditions below:

• Some or all of the disclosures related to or stated within your registration for or authorization of online billing and/or automatic bill payment ("Disclosures") will be made available to you in electronic format. Some of these Disclosures will not be distributed in paper format unless you contact us and request a paper version of specific record.

• At your request, the Disclosures will be provided to you in paper format at no cost to you. You can contact us to request a hard copy by email at onlinesupport@mypropanecompany.com or by phone at 1-800-427-4968.

• You may withdraw your consent to receive Disclosures electronically. In order to withdraw your consent, you must contact us at onlinesupport@mypropanecompany.com.

• Your consent applies to all Disclosures, including without limitation these Terms and Conditions, the terms and conditions you must sign if you register for online billing and online bill payment, and each payment authorization you make online.

To receive Disclosures electronically, you must have the following equipment and software:

• You must have a personal computer or other access device which is capable of accessing the Internet (e.g., you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet, and you must have an active account with an Internet service provider). Your access to this page verifies that your system meets these requirements. The Company is not responsible for processing errors or failures or any other service interruption(s) caused by your Internet service provider.

• You must have an Internet web like Internet Explorer v.11 and above, Firefox v.15 and above. Your access to this page verifies that your browser and encryption software meet these requirements.

• You must have software which permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader® version [5.1] and above (available for downloading at http://www.get.adobe.com/reader/).

To retain a copy of the requested files, your system must have the ability to either download (e.g., to your hard disk drive) or print PDF files (e.g., you must have a functioning printer connected to your personal computer or other access device which is able to print the files).

If you have additional questions, please contact us at onlinesupport@mypropanecompany.com.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU USE THE AMERIGAS PROPANE / BILLTRUST BILLING SERVICE. YOU MAY NOT ACCESS OR USE THIS SYSTEM WITHOUT AGREEING TO THESE TERMS. WHEN YOU ENROLL OR SIGN IN TO THE SYSTEM, YOU ARE AGREEING TO ACCEPT ALL OF THESE TERMS.

SUBSCRIBER AGREEMENT

Factor Systems, Inc. DBA Billtrust ("we", "us", "our") and you are entering into this Agreement for us to provide you with access to our online bill delivery, payment and management services ("Billtrust Services","Billtrust Service") on behalf of AmeriGas Propane, L.P., and its family of companies ("Biller").

Fees. There is currently no fee from Billtrust or AmeriGas Propane to you for use of the Billtrust Services.

License. The Billtrust Services are valuable property and trade secrets. We are a bill presentment and bill payment service company, and not a trust company or a bank, and we are not FDIC insured. During the term of this Agreement, we grant you a non-exclusive, non-transferable, limited license to use the Billtrust Services at such time as they are generally available as permitted by these terms. You are granted no license to use or access our software or property other than for the purposes of using the Billtrust Services.

Privacy. We do not sell individual customer names or nonpublic personal information to third parties, and have no intention of doing so in the future. Our Official Privacy Policy is posted on the Billtrust web site. By using the Billtrust Service, you certify that you are the sole owner of your billing account information, or that you are authorized on behalf of all owners of the billing account information to authorize us to use the information for the purposes set out above. We will only disclose information about you to third parties if:

1. it is necessary to complete a transaction;

2. it is necessary to verify the existence and condition of your deposit account;

3. it is necessary to comply with a governmental agency or court order;

4. it is permitted by law;

5. you give us your written permission; or

6. you ask us to assist with posting of a payment at AmeriGas Propane.

Indemnity. You agree to defend, indemnify and hold us harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the Billtrust Services.

Usage Limitations, Obligations and Availability. You agree that you will not provide access to the Billtrust Services to any party other than yourself and other joint owners of your Billtrust account, and you will take reasonable precautions to safeguard your user name and/or password and keep them confidential. You agree to use the Billtrust Services only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Billtrust Services. You must maintain the confidentiality of your assigned user name and/or password for the Billtrust Services and you are responsible for all charges incurred under your user name, unless otherwise provided under these terms. The availability of the Billtrust Service may be subject to interruption and delay due to causes beyond our reasonable control.

Changes to the Billtrust Service and this Agreement. We reserve the right to change the Billtrust Services and this Agreement, including fees, in our sole discretion and from time to time, without notice to you except as required by applicable law. If you do not agree to any amendments, you may stop using the Billtrust Services and terminate this Agreement as described below. Your use of the Billtrust Services after you are notified of any change will constitute your agreement to the change.

Method of Payment. If you choose to use this service for payments, we will initiate electronic payments that you authorize either via credit card or via Automated Clearing House (ACH) based on your request. Each payment that will be paid in this manner will be identified to you at the time you request us to make a payment.

Business Day. A business day is defined as Monday through Friday excluding Federal Reserve holidays. All billing transactions initiated after the payment cutoff time will be considered as initiated on the next business day. Payment cutoff times are defined on the billing service web site.

Authority to Debit Account. You will designate an account for us to charge (the "payment account"). You authorize us to debit the payment account in order to fund payments that you initiate using the Billtrust Service. Such charge may take the form of a credit card payment if the settlement account is a credit card account, or an ACH debit, debit card entry or other electronic transfer if the payment account is a checking account or other deposit account that permits electronic fund transfers. You agree to maintain an available balance or available credit limit in the payment account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the payment account for payments you initiate using the Billtrust Service and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain available funds sufficient to pay all payments you initiate. You agree to promptly notify us in writing of any changes to the financial institution account information. We will continue to charge your payment account for that payment and for other automatic payments until the date you cancel the automatic payments through the Billtrust Service. In addition, if our ACH charge to your payment account is rejected or returned to us because you have instructed your bank or financial institution to stop the automatic payment, AmeriGas may charge you a fee for this returned transaction. See AmeriGas’ website for current fees. Your bank or financial institution may require you to give written confirmation of the stop payment within 14 days of an oral notice. An oral notice may cease to be effective after 14 days.

Billing Statements. You have the option of receiving your AmeriGas Propane billing statements and/or invoices via US Mail and/or email. Please see the "Options" tab to choose your delivery method.

Billing Notification We will send you an email notification when a new E-Bill is available to be viewed. It is your sole responsibility to schedule a payment via the Billtrust Services.

If your bank account statement shows payments through the Billtrust Services that you did not authorize, notify us IMMEDIATELY. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not be refunded for the electronic funds transfers from your account after the close of this sixty (60) day period and before you notify us. Exceptions are made at our sole discretion.

An "unauthorized electronic funds transfer" is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your Username and/or Password to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized.

Your payment transactions will appear on the statement issued by the bank or other financial institution where you have your payment account. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have questions about any of these transactions, contact us immediately at:

Telephone Number: (609) 235-1010

Mailing Address:
Attention: Customer Service
100 American Metro Boulevard, Suite 150
Hamilton, NJ 08619

Procedures for Investigating and Resolving Errors Involving Electronic Funds Transfers

We must hear from you no later than sixty (60) days after you received the FIRST statement reflecting a problem or error involving an electronic funds transfer. Exceptions are made at our sole discretion.

When contacting us, you must:

1. Provide your name, username and optionally your password for the Billtrust Service.

2. Describe the payment and/or transfer you are unsure about (Biller name, account information, transaction date, transaction amount) and provide a clear explanation of why you believe there may be an error.

3. Provide the dollar amount of the suspected error. If you tell us orally, we may require you to send your complaint in writing within ten (10) business days. We will respond with the result of our investigation within ten (10) business days after we receive your complaint and will correct any error caused by our service promptly. In some cases, additional time is needed. In this instance, you will be notified of the extension and resolution will be forthcoming within forty-five (45) business days. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) business days, we may not re-credit your account.

If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) business days after we have completed our investigation. Within ten (10) business days of the date of such explanation, we will debit your account for the amount previously re-credited to you. Copies of documents used in our investigation will be provided on request.

Electronic Delivery. You agree to receive this Agreement and any and all disclosures and/or written notices required by the applicable law and regulation and all other communications electronically by e-mail or within the Billtrust Services. Special technical specifications, including minimum browser requirements that are necessary to use the Billtrust Site and to receive communications electronically are disclosed in the FAQ section of the Billtrust Site.

Our Right to Refuse to Make Payments. We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the payment account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other Payment.

Changes to Your Information. Changes to your credit card number, credit card expiration date, checking username and/or bank routing number must be made via the Billtrust Services. All other account information should be changed by contacting your local AmeriGas Propane district office.

Term and Termination. You may terminate this Agreement at any time by calling your local AmeriGas Propane district office. We may terminate this Agreement at any time upon notice to you, which may be delivered via email to your email address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you.

Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE BILLTRUST SERVICE IS AT YOUR SOLE RISK, AND THE BILLTRUST SERVICES, THE BILLTRUST SITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Some states prohibit limitation of implied warranty rights. Check your own state law for additional rights.

Limitation of Liability. IN NO EVENT WILL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE BILLTRUST SERVICE. OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR THE BILLTRUST SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

Some states prohibit limitation of implied warranty remedies. Check your own state law for additional rights.

Payments. You must select the processing date for any payment, or specify a payment rule in the system that automatically selects this date for you, for each bill received. This date should be at least three business days prior to the payment due date to ensure appropriate time for the Biller to receive and post the payment to your account. We are not responsible for any costs, expenses or other damages you incur if your payment is not received by the Biller on or before the payment due date.

We are not responsible for any failure to complete or delay in completing payment due to any of the following:

1. Your payment account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.

2. Your payment account is closed.

3. You are identified as a credit risk.

4. The Biller rejects or returns the payment for any reason.

5. Your equipment, software or any communications link is not working properly.

6. The Billtrust Service is down and you know or we have told you about the problem before you send the payment.

7. You have provided us with incorrect information about the Biller.

8. The Biller mishandles or delays handling or posting any payment.

9. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.

We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

If we duplicate a payment or process a payment for the wrong amount, we will use our reasonable best efforts to recover your funds from the Biller. However, if an overpayment causes a credit to your account with a Biller, we may notify you of that fact and you will be responsible to make appropriate arrangements with the Biller to receive a refund of the credit or have it applied against other balances. You will remain responsible to reimburse us for any funds we have paid on your behalf.

Other Provisions. Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of this Agreement is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be governed by and construed under the laws of the State of New Jersey without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts of New Jersey and the federal courts within the state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement. The parties agree that communications relating to the Agreement sent via e-mail constitute a "writing" for all purposes, including the giving of notice, hereunder.

Entire Agreement. These terms and any terms or rules disclosed in the Billtrust Site regarding use of the Billtrust Services are the entire understanding and agreement between you and us with respect to the Billtrust Service and supersede any other oral or written agreements.

Joint Owners. You may establish your account to use the Billtrust Service with another party. An account having more than one owner is called a joint account. Each joint owner is bound by all the terms and conditions of this Agreement, and all references to "you" and "your" in the Agreement shall include all joint owners. Each joint owner agrees to be jointly and individually responsible for all charges and other obligations of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing, by all owners of an account, each joint owner has full and independent authority to use the Billtrust Service, the Billtrust Site as if they were the sole owner, and without the consent of or notice to any other joint owner. Such powers include, without limitation, the authority to: (a) view all billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the payment account, whether or not such joint owner is an owner of the payment account; (c) receive notices, confirmations, statements, demands and other communications concerning the Billtrust Service for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; (e) close the account at any time. Unless we are notified in writing by all owners of an account, we may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (c) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (d) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.