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Terms and Conditions of the Bill Payment Service SERVICE DEFINITIONS "Agreement" means these Terms and Conditions of the bill payment and e-mail payment service. "Payee" is the person or entity to which you wish a bill payment or e-mail payment to be directed or is the person or entity from which you receive electronic bills or e-mail payments, as the case may be. "Payment Instruction" is the information provided by you to the Service for a bill payment or e-mail payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date). "Payment Account" is the checking account from which bill payments or e-mail 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 (other than for a laser draft payment) the day your Payment Account will be debited; unless the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be considered to be the previous Business Day. "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. BILL PAYMENT SCHEDULING THE SERVICE GUARANTEE PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE 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 as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service 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; Provided none of the foregoing 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, if applicable, for any late payment related charge. E MAIL PAYMENTS Information provided to the Service - You agree to provide true and accurate enrollment information to the Service, and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. Activation limitations - You must be at least eighteen (18) years of age to enroll in the Service. You must be a resident of the United States or its possessions, and use the Service for individual purposes only, not on behalf of any business, corporation, proprietorship or other entity. You must have a valid email address and access to the Internet. You must be a legal owner of the Payment Account registered for the Service. We reserve the right to limit the number of memberships you have with the Service. Transaction limitations - You will be assigned a transactional limit, a daily limit and a weekly limit at enrollment based on parameters associated with your credit history. You agree to accept the limits set by the Service. We reserve the right to limit the amount you may have debited from or credited to your Payment Account on any given day and/or week. Additionally, the Service reserves the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur. You authorize the Service to check your credit history at enrollment and to obtain follow-up credit reports on you. Information obtained will be used by the Service to verify information you provide to the Service and to set limits associated with your use of the Service. The Service reserves the right to verify any of the information you provide. The Service shall have the right to terminate your membership, reject or reverse any transactions you initiate, and/or restrict or condition your right to send or receive money at any time and for any reason, including, but not limited to: A. Excessive use; Sending and receiving payments - When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf to the Payee's account. E-mail payments begin processing the Business Day the Payment Instruction is submitted to the Service. Any e-mail payment submitted on a non-Business Day will begin processing on the next Business Day. The Service reserves the right to hold funds beyond the standard distribution periods for any transactions it deems necessary. The recipient's ability to access these funds is at the sole discretion of the recipient's financial institution and is not controlled by the Service. You acknowledge that once money is delivered to the recipient, the transaction is non-reversible and non-refundable to you. Credits to and debits from your Payment Account are only processed on Business Days. If we learn that you had insufficient funds in the Payment Account from which you requested we send money, we will cancel the payment. If we learn this after the money has been delivered to the recipient, you will owe us and agree to promptly repay the amount of the shortfall. We may apply funds awaiting receipt by you against the amount you owe us. In addition, we may not permit recipients of your outstanding payment requests to receive the money, and we will not refund transaction fees in these situations. With respect to any transaction, the Service reserves the right to seek reimbursement from a recipient if we receive any type of charge-back related to any Payment Instructions. We may obtain such reimbursement by deducting the charge-back amount from the recipient's account(s), reversing any credit(s) to the recipient's Payment Account, or by seeking such reimbursement from recipient by any other lawful means. Non-Delivery of e-mail payments - It is your sole responsibility to provide the correct e-mail address(s) for an individual(s) to whom we send money on your behalf. THE SERVICE IS NOT RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR SHALL THE SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF RECIPIENTS. Accuracy and dispute of e-mail payments - We are not responsible for determining whether the amount of money being sent is correct for any underlying transaction or is actually owed to the recipient. Any dispute that may arise between you and the recipient relating to a payment made or received, or any other aspect of a transaction between you and the recipient, is not the responsibility of the Service. We make no guarantees regarding purchases paid for via the Service. You acknowledge that the Service does not ensure the quality, safety or legality of any merchandise received, nor that a seller will even ship merchandise. You agree to hold the Service harmless for any loss or expense you incur as a result of such purchases or disputes. Cancellation of e-mail payment(s) - Once initiated, payments cannot be cancelled. Once money is delivered to the recipient, the transaction is non-reversible and non refundable to you. However, you may cancel an invitation to send money if it has not yet been received by the recipient. After you initiate a payment, if the recipient is not already enrolled in the Service, the Service will periodically send reminder e?mails to you and the recipient until the recipient has enrolled in the Service and received the payment. If recipient has not enrolled in the Service and received the payment forty five (45) days after initiation, the Service will cancel the payment. PAYMENT METHODS PAYMENT CANCELLATION REQUESTS STOP PAYMENT REQUESTS PROHIBITED PAYMENTS EXCEPTION PAYMENTS BILL DELIVERY AND PRESENTMENT Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills. Notification - The Service will use its best efforts to present all of your electronic Bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills. Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly. Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees. EXCLUSIONS OF WARRANTIES PASSWORD AND SECURITY YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS ERRORS AND QUESTIONS
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 3. possible why you believe it is an error or why you need more information; and, 4. 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 1. Where it is necessary for completing transactions that you have requested; SERVICE FEES AND ADDITIONAL CHARGES FAILED OR RETURNED TRANSACTIONS 1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service; ALTERATIONS AND AMENDMENTS ADDRESS OR ACCOUNT CHANGES SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
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 RETURNED PAYMENTS INFORMATION AUTHORIZATION DISPUTES ASSIGNMENT NO WAIVER CAPTIONS GOVERNING LAW 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 |
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