Bill Pay Service
Disclosure
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Service" means the
bill payment service offered by CheckFree Services Corporation.
"Agreement" means
these terms and conditions of the bill payment service.
"Biller" is the person
or entity to which you wish a bill payment to be directed or is the
person or entity from which you receive electronic bills, as the
case may be.
"Payment Instruction"
is the information provided by you to the Service for a bill payment
to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled 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 Biller 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 previous Business Day.
"Due Date" is the date
reflected on your Biller 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.
FIRST STATE
BANK FEE’S AND CHARGE’S
Registering for Bill Pay is absolutely free. As long as you use
your Bill Pay account to pay at least one bill per month there are
no monthly service charges. However, for any month you fail to make
a payment using Bill Pay, there will be a service charge of $5.
While there aren’t any monthly service charges, all other account
fee’s (including NSF, Overdraft, Stop Payment Fee’s, etc.) still
pertain. In addition our Bill Pay provider (CheckFree) has fee’s
that are associated with the above mentioned items that are detailed
in the following disclosure
PAYMENT
SCHEDULING
The earliest possible Scheduled Payment Date for each Biller
(typically four (4) or fewer Business Days from the current date)
will be designated within the application when you are scheduling
the payment. Therefore, the application will not permit you to
select a Scheduled Payment Date less than the earliest possible
Scheduled Payment Date designated for each Biller. When scheduling
payments you must select a Scheduled Payment Date that is no later
than the actual Due Date reflected on your Biller 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 must 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 Billers 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
Billers 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 Biller 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 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 Biller, 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:
-
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;
-
The 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;
-
You have not provided the Service with the correct Payment Account
information, or the correct name, address, phone number, or
account information for the Biller; and/or,
-
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 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 Biller 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 Biller any previously misdirected
transactions, and, if applicable, 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 Biller. These payment methods may
include, but may not be limited to, an electronic payment, an
electronic to check payment, or a laser draft payment (funds
remitted to the Biller are deducted from your Payment Account when
the laser draft is presented to your financial institution for
payment).
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 cannot 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 Billers outside of the United States or its territories
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. The Service Guarantee as it applies to any late payment
related changes is 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.
BILL DELIVERY
AND PRESENTMENT
This feature is for the presentment of electronic bills only and it
is your sole responsibility to contact your Billers directly if you
do not receive your statements. In addition, if you elect to
activate one of the Service's electronic bill options, you also
agree to the following:
Information provided
to the Biller - 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 Biller. Any
changes will need to be made by contacting the Biller directly.
Additionally it is your responsibility to maintain all usernames and
passwords for all electronic Biller sites. You also agree not to use
someone else's information to gain unauthorized access to another
person's bill. The Service may, at the request of the Biller,
provide to the Biller your e-mail address, service address, or other
data specifically requested by the Biller at the time of activating
the electronic bill for that Biller, for purposes of the Biller
informing you about Service and/or bill information.
Activation - Upon
activation of the electronic bill feature the Service may notify the
Biller of your request to receive electronic billing information.
The presentment of your first electronic bill may vary from Biller
to Biller and may take up to sixty (60) days, depending on the
billing cycle of each Biller. Additionally, the ability to receive a
paper copy of your statement(s) is at the sole discretion of the
Biller. While your electronic bill feature is being activated it is
your responsibility to keep your accounts current. Each electronic
Biller reserves the right to accept or deny your request to receive
electronic bills.
Authorization to
obtain bill data - Your activation of the electronic bill feature
for a Biller shall be deemed by us to be your authorization for us
to obtain bill data from the Biller on your behalf. For some
Billers, you will be asked to provide us with your user name and
password for that Biller. By providing us with such information, you
authorize us to use the information to obtain your bill data.
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 Biller to Biller. You are responsible
for ensuring timely payment of all bills.
Cancellation of
electronic bill notification - The electronic Biller 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
Biller to Biller. It may take up to sixty (60) days, depending on
the billing cycle of each Biller. The Service will notify your
electronic Biller(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 Biller 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 Biller 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 Biller. Any
discrepancies or disputes regarding the accuracy of your electronic
bill summary or detail must be addressed with the Biller directly.
This Agreement does
not alter your liability or obligations that currently exist between
you and your Billers.
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.
PASSWORD AND
SECURITY
You agree not to give or make available your password or other means
to access your account to any unauthorized individuals. You are
responsible for all payments you authorize using the Service. If you
permit other persons to use the Service or your password or other
means to access your account, you are responsible for any
transactions they authorize. If you believe that your 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 888-212-9342 during customer service
hours.
YOUR LIABILITY
FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your
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
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
financial institution statement contains transfers that you did not
authorize, 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:
-
Telephone us at 888-212-9342 during customer service hours (7:00
a.m. to 1:00 a.m. Eastern Time)
-
Contact us by using the application's e-messaging feature; and/or,
-
Write us at: Bill Payment Processing Center PO Box 2168 Columbus,
Ohio 43216-2168
If you think your
statement is incorrect or you need more information about a Service
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:
-
Tell us your name and Service account number;
-
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,
-
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:
-
Where it is necessary for completing transactions;
-
Where it is necessary for activating additional services;
-
In order to verify the existence and condition of your account to a
third party, such as a credit bureau or Biller;
-
To a consumer reporting agency for research purposes only;
-
In order to comply with a governmental agency or court orders; or,
-
If you give us your written permission.
SERVICE FEES
AND ADDITIONAL CHARGES
Any applicable fees 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 deduct the calculated
amount from your designated Billing Account for these amounts and
any additional charges that may be incurred by you. Any financial
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 Service 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 insufficient 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
the Service. In such case, you agree that:
-
You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service;
-
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;
-
You will reimburse the Service for any fees imposed by your
financial institution as a result of the return;
-
You will reimburse the Service for any fees it incurs in attempting
to collect the amount of the return from you; and,
-
The Service is authorized to report the facts concerning the return
to any 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. 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 applications, 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 applications,
services, and/or related material and limit access to only the
Service's more recent revisions and updates. In addition, as part of
the Service, you agree to receive all legally required notifications
via electronic means.
ADDRESS OR
BANKING CHANGES
It is your sole responsibility to ensure that the contact
information in your user profile is current and accurate. This
includes, but is not limited to, name, address, phone numbers and
email addresses. Changes can be made either within the application
or by contacting Customer Service. Any changes in your Payment
Account should also be made in accordance with the procedures
outlined within the application's Help files. All changes made are
effective immediately for scheduled and future payments paid from
the updated Payment Account information. The Service is not
responsible for any payment processing errors or fees incurred if
you do not provide accurate Payment Account or contact information.
SERVICE
TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the
ability to do so through the product, or you may contact customer
service via one of the following:
-
Telephone us at 888-212-9342 during customer service hours (7:00
a.m. to 1:00 a.m. Eastern Time)
-
Write us at: Bill Payment Processing Center PO Box 2168 Columbus,
Ohio 43216-2168
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.
BILLER
LIMITATION
The Service reserves the right to refuse to pay any Biller to whom
you may direct a payment. The Service will notify you promptly if it
decides to refuse to pay a Biller 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 Billers and/or the United
States Postal Service may return payments to the Service for various
reasons such as, but not limited to, Biller's forwarding address
expired; Biller account number is not valid; Biller is unable to
locate account; or Biller account is paid in full. The Service will
use its best efforts to research and correct the returned payment
and return it to your Biller, 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 Biller or your financial institution
(for example, to resolve payment posting problems or for
verification).
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. To the extent that the terms of this Agreement
conflict with applicable state or federal law, such state or federal
law shall replace such conflicting terms only to the extent required
by law. Unless expressly stated otherwise, all other terms of this
Agreement shall remain in full force and effect.
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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