|
SERVICE
DEFINITIONS
"Service"
means the Bill Payment Service offered by Your Financial Institution.
"Agreement"
means these Terms and Conditions of the bill payment service.
"Payee"
is the person or entity to whom you wish a bill payment to be
directed.
"Payment
Instruction" is the information provided by you to the Service
for a bill payment to be made to the Payee (such as, but not limited
to, Payee name, Payee account number, and payment date).
"Payment
Account" is the checking account from which bill payments
will be debited.
"Billing
Account" is the checking account from which all Service fees
will be automatically debited.
"Business
Day" is every Monday through Friday, excluding Federal Reserve
holidays.
"Scheduled
Payment Date" is the day you want your Payee to receive your
bill payment and is also the day your Payment Account will be
debited, unless the Scheduled Payment Date falls on a non-Business
Day in which case it will be considered to be the next Business
Day. (Roll forward version) previous Business Day. (Roll backward
version).
"Due
Date" is the date reflected on your Payee statement for which
the payment is due. It is not the late date or grace period.
"Scheduled
Payment" is a payment that has been scheduled through the
Service but has not begun processing.
PAYMENT
SCHEDULING
Transactions begin processing four (4) Business Days (Managing
Your Money version must be changed to 5 business days) prior to
your Scheduled Payment Date. Therefore, the application will not
permit you to select a Scheduled Payment Date less than four (4)
Business Days from the current date. When scheduling payments
you must select a Scheduled Payment Date that is no later than
the actual Due Date reflected on your Payee statement unless the
Due Date falls on a non-Business Day. If the actual Due Date falls
on a non-Business Day, you must select a Scheduled Payment Date
that is at least one (1) Business Day before the actual Due Date.
Scheduled Payment Dates should be prior to any late date or grace
period.
THE SERVICE
GUARANTEE
Due to circumstances beyond the control of the Service, particularly
delays in handling and posting payments by Payees or financial
institutions, some transactions may take longer to be credited
to your account. The Service will bear responsibility for any
late payment related charges up to $50.00 should a payment post
after its Due Date as long as the payment was scheduled in accordance
with the guidelines described under "Payment Scheduling"
in this Agreement.
PAYMENT
AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of
Payees to whom you wish to direct payments, you authorize the
Service to follow the Payment Instructions that it receives through
the payment system. In order to process payments more efficiently
and effectively, the Service may edit or alter payment data or
data formats in accordance with Payee directives.
When the Service
receives a Payment Instruction, you authorize the Service to debit
your Payment Account and remit funds on your behalf so that the
funds arrive as close to the Scheduled Payment Date designated
by you as reasonably possible. You also authorize the Service
to credit your Payment Account for payments returned to the Service
by the Post Office or Payee, or payments remitted to you on behalf
of another authorized user of the Service.
The Service
will use its best efforts to make all your payments properly.
However, the Service shall incur no liability and any Service
Guarantee shall be void if the Service is unable to complete any
payments initiated by you because of the existence of any one
or more of the following circumstances:
1. If, through
no fault of the Service, your Payment Account does not contain
sufficient funds to complete the transaction or the transaction
would exceed the credit limit of your overdraft account;
2. The bill payment processing center is not working properly
and you know or have been advised by the Service about the malfunction
before you execute the transaction;
3. You have not provided the Service with the correct Payment
Account information, or the correct name, phone number, or account
information for the Payee; or,
4. Circumstances beyond control of the Service (such as, but
not limited to, fire, flood, or interference from an outside
force) prevent the proper execution of the transaction and the
Service has taken reasonable precautions to avoid those circumstances.
Provided none
of the foregoing four (4) exceptions are applicable, if the Service
causes an incorrect amount of funds to be removed from your Payment
Account or causes funds from your Payment Account to be directed
to a Payee which does not comply with your Payment Instructions,
the Service shall be responsible for returning the improperly
transferred funds to your Payment Account, and for directing to
the proper Payee any previously misdirected transactions, and
for any late payment related charges.
PAYMENT
METHODS
The Service reserves the right to select the method in which to
remit funds on your behalf to your Payee. These payment methods
include, but may not be limited to, an electronic payment, an
electronic to check payment, or a laser draft payment.
1. Electronic
payment: When this payment method is used, funds remitted to
the Payee are deducted electronically from your Payment Account
on the Scheduled Payment Date and the Payee receives an electronic
payment.
2. Electronic
to Check Payment: When this payment method is used, funds remitted
on your behalf to the Payee are deducted electronically from
your Payment Account on the Scheduled Payment Date and the Payee
receives a corporate check drawn on a corporate account of the
Service. (this section should be removed for NPC Sponsors who
elect not to use this payment method)
3. Laser
Draft Payment: When this payment method is used, funds remitted
on your behalf to the Payee are deducted from your Payment Account
when the laser draft is presented for payment by the Payee.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring
payments) by following the directions within the application.
There is no charge for canceling or editing a Scheduled Payment.
Once the Service has begun processing a payment it can not be
cancelled or edited, therefore a stop payment request must be
submitted.
STOP PAYMENT
REQUESTS
The Service's ability to process a stop payment request will depend
on the payment method and whether or not a check has cleared.
The Service may also not have a reasonable opportunity to act
on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been processed,
you must contact Customer Service. Although the Service will make
every effort to accommodate your request, the Service will have
no liability for failing to do so. The Service may also require
you to present your request in writing within fourteen (14) days.
The charge for each stop payment request will be the current charge
for such service as set out in the applicable fee schedule.
PROHIBITED
PAYMENTS
Payments to Payees outside of the United States are prohibited
through the Service.
EXCEPTION
PAYMENTS
Tax payments and court ordered payments may be scheduled through
the Service, however such payments are discouraged and must be
scheduled at your own risk. In no event shall the Service be liable
for any claims or damages resulting from your scheduling of these
types of payments. All Service Guarantees as it applies to any
late payment related changes are void when these types of payments
are scheduled and/or processed by the Service. The Service has
no obligation to research or resolve any claim resulting from
an exception payment. All research and resolution for any misapplied,
mis-posted or misdirected payments will be the sole responsibility
of you and not of the Service.
EXCLUSIONS
OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING
SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF)
ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE
OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
PASSWORD
AND SECURITY
You agree not to give or make available your bill payment password
or other means to access your account to any unauthorized individuals.
You are responsible for all bill payments you authorize using
the Service. If you permit other persons to use the Service or
your bill payment password or other means to access your account,
you are responsible for any transactions they authorize. If you
believe that your bill payment password or other means to access
your account has been lost or stolen or that someone may attempt
to use the Service without your consent or has transferred money
without your permission, you must notify the Service at once by
calling 800-000-0000 during normal customer service hours. Wording
for Sponsors with e-mail contact only: you must notify the Service
at once by using the application's e-messaging feature.
YOUR LIABILITY
FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover
your bill payment password or other means to access your account
has been lost or stolen, your liability is no more than $50.00
should someone access your account without your permission. If
you do not tell us within two (2) Business Days after you learn
of such loss or theft, and we can prove that we could have prevented
the unauthorized use of your bill payment password or other means
to access your account if you had told us, you could be liable
for as much as $500.00. If your monthly statement contains transfers
that you did not make, you must tell us at once. If you do not
tell us within sixty (60) days after the statement was sent to
you, you may lose any amount transferred without your authorization
after the sixty (60) days if we can prove that we could have stopped
someone from taking the money had you told us in time. If a good
reason (such as a long trip or a hospital stay) prevented you
from telling us, we may extend the period.
ERRORS
AND QUESTIONS
In case of errors or questions about your transactions, you should
as soon as possible notify us via one of the following:
1. Telephone
us at 800-000-0000 during normal customer service hours; or,
2. Contact us by using the application's e-messaging feature;
or,
3. Write us at:
Your Financial Institution
P.O. Box 0000
AnyTown, USA 12345-6789
If you think
your statement is incorrect or you need more information about
a transaction listed on the statement, we must hear from you no
later than sixty (60) days after the FIRST statement was sent
to you on which the problem or error appears. You must:
1. Tell
us your name and Service account number;
2. Describe the error or the transaction in question, and explain
as clearly as possible why you believe it is an error or why
you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell
us verbally, we may require that you send your complaint in writing
within ten (10) Business Days after your verbal notification.
We will tell you the results of our investigation within ten (10)
Business Days after we hear from you, and will correct any error
promptly. However, if we require more time to confirm the nature
of your complaint or question, we reserve the right to take up
to forty five (45) days to complete our investigation. If we decide
to do this, we will provisionally credit your Payment Account
within ten (10) Business Days for the amount you think is in error.
If we ask you to submit your complaint or question in writing
and we do not receive it within ten (10) Business Days, we may
not provisionally credit your Payment Account. If it is determined
there was no error we will mail you a written explanation within
three (3) Business Days after completion of our investigation.
You may ask for copies of documents used in our investigation.
The Service may revoke any provisional credit provided to you
if we find an error did not occur.
DISCLOSURE
OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as
confidential. However, we will disclose information to third parties
about your account or the transactions you make ONLY in the following
situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account
to a third party, such as a credit bureau or Payee;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders;
or,
6. If you give us your written permission.
SERVICE
FEES AND ADDITIONAL CHARGES
You will be charged a fixed fee per month for transactions up
to the Service's standard monthly maximum. This fixed fee will
be charged regardless of whether the Service was used during the
billing cycle. There may be a charge for additional transactions
and other optional services. You agree to pay such charges and
authorize the Service to charge your designated Billing Account
for these amounts and any additional charges that may be incurred
by you. Any fees associated with your standard deposit accounts
will continue to apply. You are responsible for any and all telephone
access fees and/or Internet service fees that may be assessed
by your telephone and/or Internet service provider.
FAILED
OR RETURNED TRANSACTIONS
In using the Service, you are requesting the system to make payments
for you from your Payment Account. If we are unable to complete
the transaction for any reason associated with your Payment Account
(for example, there are not sufficient funds in your Payment Account
to cover the transaction), the transaction will not be completed.
In some instances, you will receive a return notice from Your Financial Institution.
In such case, you agree that:
1. You will
reimburse the Service immediately upon demand the transaction
amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen
(15) days of the initial notification, a late charge equal to
1.5% monthly interest or the legal maximum, whichever rate is
lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your
financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in
attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning
the return to a credit reporting agency.
ALTERATIONS
AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered
or amended by the Service from time to time. In such event, the
Service shall provide notice to you as required by applicable
laws and regulations. Any use of the Service after the Service
provides you a notice of change will constitute your agreement
to such change(s). Further, the Service may, from time to time,
revise or update the programs, services, and/or related material,
which may render all such prior versions obsolete. Consequently,
the Service reserves the right to terminate this Agreement as
to all such prior versions of the programs, services, and/or related
material and limit access to the Service's more recent revisions
and updates.
ADDRESS
OR BANKING CHANGES
You agree to promptly notify the Customer Service Department of
any address change. Additionally, you agree to notify the Customer
Service Department in writing at least ten (10) Business Days
in advance of any change in your Payment Account, or your banking
status.
SERVICE
TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you must contact
the Customer Service Department in writing. Such notice of service
cancellation must be supplied ten (10) days prior to the actual
cancellation date and must be sent to:
Your Financial Institution
P.O. Box 0000
AnyTown, USA 12345-6789
Any payment
(s) the Service has already processed before the requested cancellation
date will be completed by the Service. All Scheduled Payments
including recurring payments will not be processed once the Service
is cancelled.
The Service may terminate or suspend Service to you at any time.
Neither termination nor suspension shall affect your liability
or obligations under this Agreement.
PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to whom
you may direct a payment. The Service is obligated to notify you
promptly if it decides to refuse to pay a Payee designated by
you. This notification is not required if you attempt to make
a prohibited payment or an exception payment under this Agreement.
RETURNED
PAYMENTS
In using the Service, you understand that Payees and/or the United
States Post Office may return payments to the Service for various
reasons such as, but not limited to, Payee's forwarding address
expired; Payee account number not valid; Payee is unable to locate
account; or Payee account paid in full. The Service will use its
best efforts to research and correct the returned payment and
return it to your Payee, or void the payment and credit your Payment
Account. You may receive notification from the Service.
INFORMATION
AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service
cannot verify your identity or other necessary information. Through
your enrollment in the Service, you agree that the Service reserves
the right to request a review of your credit rating at its own
expense through an authorized bureau. In addition, you agree that
the Service reserves the right to obtain financial information
regarding your account from a Payee or financial institution to
resolve payment-posting problems.
DISPUTES
In the event of a dispute regarding the Service, you and the Service
agree to resolve the dispute by looking to this Agreement. You
agree that this Agreement is the complete and exclusive statement
of the agreement between you and the Service which supersedes
any proposal or prior agreement, oral or written, and any other
communications between you and the Service relating to the subject
matter of this Agreement. If there is a conflict between what
an employee of the Service or Customer Service Department says
and the terms of this Agreement, the terms of this Agreement will
prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service
may assign this Agreement to any future, directly or indirectly,
affiliated company. The Service may also assign or delegate certain
of its rights and responsibilities under this Agreement to independent
contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights
or remedies hereunder unless such waiver is in writing and signed
by the Service. No delay or omission on the part of the Service
in exercising any rights or remedies shall operate as a waiver
of such rights or remedies or any other rights or remedies. A
waiver on any one occasion shall not be construed as a bar or
waiver of any rights or remedies on future occasions.
CAPTIONS
The captions of sections hereof are for convenience only and shall
not control or affect the meaning or construction of any of the
provisions of this Agreement.
GOVERNING
LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia, without regard to its conflicts
of laws provisions.
|