This Bill Payment Agreement and Disclosure (this "Agreement") provides information about Together Credit Union's online and mobile bill payment service.
For the purpose of this agreement, "I", "me", and "mine" shall refer to each Member who is eligible and signs up for OnlineAccess bill payment. "You" or "Credit Union" shall refer to Together Credit Union where the Member has the accounts accessed through OnlineAccess. All references to time of day in this Agreement refer to Central Time. Bill payment is an additional feature of OnlineAccess and MobileAccess+, which is explained in the "Online, Mobile and E-Sign Consent Agreement".
"ACH" or "Automated Clearing House" is a secure payment processing system used by the banking industry to move electronic payments between financial institutions.
"Business Days" are Monday through Friday from 8:00 a.m. to 5:00 p.m., except on the holidays you elect to remain closed. Weekends and Federal Reserve holidays are not bill payment business days.
"Due Date" is the date my vendor or payee has designated that the funds are due them. I must allow at least 2 business days for electronic payments or 5 business days for check method payees between this date and the "Processing or Send on Date" I enter into the system.
"FIS" is the agent the Credit Union employs to complete my bill payment instructions. The Credit Union reserves the right to substitute agents and will advise me how to contact the substitute agent as necessary.
"Processing or Send on Date" is the date I enter for the payment to be made. On this date, FIS will send the payment to my payee and generate an ACH debit to my checking account at the Credit Union. This debit will appear in my checking account within two business days.
Bill payment amounts are limited to $9,999.99 each. I understand that the third party processor has established this limit and that if I enter a larger amount, it will not be accepted.
All payments I make through the bill payment service will be deducted from my designated checking account. Any payee I wish to pay through bill payment must be payable in U.S. Dollars. Each payee must appear on the payee list I create with you and the account I am paying should be in my name. I may not use bill payment to make payments to a federal, state or local government or tax unit, or to other categories of payee that you may establish from time to time.
I many not use the bill payment service to make payments that are illegal under federal, state, or local laws, or to perpetrate, commit, or facilitate any fraud, scheme, or device that violates any laws. I will only use the bill payment service for lawful purposes and in compliance with all applicable laws, rules, and regulations.
I understand sufficient time must be allowed for the payee to receive and process the payment before the Due Date (the Due Date shown on my invoice or provided in my agreement with payee, not taking into account any grace period provided by the payee). If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken by payee. IMPORTANT: I understand that, when possible, payments will be made electronically; however due to my vendor or payee's requirement some payments may be made by check. I will allow at least 2 business days between Processing or Send on Date and Due Date for electronic payments and at least 5 business days for check payments. The Credit Union is not liable for any service or late charges levied against me.
The Credit Union and FIS are responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated merchant in accordance with Section C of this Agreement. The Credit Union is not liable for any damages I incur if I do not have sufficient funds in my account to make the payment on the Processing or Send on Date, if the estimated time to allow for delivery to the payee is inaccurate, if I provide incomplete or incorrect payee information, or due to delays in mailing delivery, changes of merchant address or account number, the failure of any merchant to account correctly for the payment in a timely manner, or for any other circumstance beyond the control of the Credit Union.
I understand if I do not have sufficient funds in my account (NSF), the ACH debit will be returned via banking channels. The ACH return will prompt the system to block my bill payment account preventing me from making more bill payments until the NSF condition is resolved. Any future dated recurring payments scheduled for release during the time the account is blocked will not be sent. I also understand that I will be charged an NSF fee for each instance of insufficient funds return. I further understand that, in the event of an NSF, I am responsible for contacting the Credit Union at (877) 325-2848 to make arrangements for the payment or to reschedule it through bill payment after I have properly funded my account and have been advised that my bill payment privileges have been restored. Insufficient available funds will prevent me from making more payments until resolved. The Credit Union is not responsible to notify me if there are not sufficient available funds in my account. Additionally, I understand that if I have excessive blocked incidences FIS or you may cancel all bill payment privileges.
I authorize you, and any third-party acting on your behalf, to choose the most effective method to process my payments. I will receive a transaction confirmation number for each properly instructed payment. Unless I receive a confirmation number, you shall not be liable for any failure to make a payment.
The Credit Union reserves the right to refuse to make any payments, but you will notify me of any such refusal within three (3) business days following receipt of my Processing or Send on Date.
Payments from my Credit Union accounts may be processed in two ways:
"Single" - If I designate a bill payment as a "single" transaction, it can be processed as early as the next business day and sufficient available funds must be available at the time I request the transaction. "Single" payments may be canceled up to 9:00 p.m. of the day before the Processing or Send on Date. Refer to Section D of this Agreement on how to delete or edit an authorized payment. Single payments must be properly entered into the system prior to 8:00 p.m. on a Credit Union business day in order to be processed that day. If any payment instructions are received after this time or on a non-business day, the payment will be processed the following business day.
"Recurring" - I may designate a payment as a "Recurring" transaction (weekly, monthly, quarterly, annual), in order to pay the same amount to the same merchant or account at the indicated time in the future. These payments will continue until I delete the payment instruction or until the ending date that I entered when the instruction was established. The Processing or Send on Date will be the effective date I entered, or the next business day should the effective date fall on a weekend or holiday. Sufficient funds must be available by 8:00 p.m. of the night of the Processing or Send on Date, but will be deducted from my account by ACH approximately one to two days after the Processing or Send on Date. "Recurring" transactions may be deleted or edited up to 9:00 p.m. of the night of the Processing or Send on Date.
Bill payments are either pending or processed. When a bill payment has been processed, the amount for that bill has been prepared for payment. Bill payments that are pending are those that have not been processed. You may modify or cancel a pending bill payment, as the payment process has not begun. You may not modify or cancel a bill payment that is processed. For questions regarding bill payments that are "processed," I must contact the Credit Union at (800) 325-9905.
Online bill pay service used in compliance with the terms of this Agreement is free of charge to all members. The Credit Union reserves the right to change the service terms or fee and will notify me at my last known address or by email.
In case of errors or questions about my bill payment transactions, I should first telephone the Credit Union at (800) 325-9905 or write the Credit Union at 423 Lynch Street, St. Louis, MO 63118. I must do so within 60 days of discovering any error. I will need to tell you:
If I tell you orally, you may require that I send my complaint or question in writing within 10 business days. You will tell me the results or status of your investigation within 10 business days and correct any error promptly. If you need more time, you may take up to 45 days to investigate, but I will have the use of the funds in question after the 10 days. If you determine that there was no error, you will send me a written explanation within 3 business days after you complete your investigation.
The Credit Union is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by any internet provider, any related software, or the Credit Union's OnlineAccess, including bill payment, or the use thereof or arising in any way out of the installation, use or maintenance of my personal computer hardware, software, mobile device, or other equipment.
I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from my use of the bill paying service, and/or breach of this Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement.
I understand and agree that I am required to indemnify all your technology providers which assist you in the bill payment service or any other remote access service, whether such third parties have provided services or technology in the past, currently, and/or in the future (the "IT Providers"), and I shall hold harmless the IT Providers and their respective affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to the Credit Union or my use of the bill payment service or any other remote access services, or any IT Provider service, software or application, unless such claim directly results from an action or omission made by a respective IT Provider in bad faith. I understand and agree that this paragraph shall survive the termination of this Agreement.
I AGREE THAT MY USE OF THE BILL PAYMENT SERVICE AND ANY REMOTE ACCESS SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT MY RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE BILL PAYMENT SERVICE AND ANY REMOTE ACCESS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE CREDIT UNION MAKES NO WARRANTY THAT THE BILL PAYMENT SERVICE AND ANY REMOTE ACCESS SERVICE WILL MEET MY REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE CREDIT UNION MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE BILL PAYMENT SERVICE AND ANY REMOTE ACCESS SERVICE OR TECHNOLOGY WILL BE CORRECTED.
I AGREE THAT THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY ME OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE BILL PAYMENT SERVICE AND ANY REMOTE ACCESS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
If I cancel my OnlineAccess bill payment subscription, then I agree to notify you at that time. I will be responsible for all payment instructions made prior to termination and for all other applicable charges and fees. I will cancel all outstanding payment orders before notifying you to terminate my OnlineAccess bill payment subscription.
This Agreement, any separate instructions, and the applicable fees and charges may be amended by you in the future. In the event of amendment, you shall send notice to me either by mail to my last known address or transmit such notice of the amendment over the OnlineAccess or MobileAccess+ service. My use of the bill payment service following the receipt of such notice constitutes acceptance of such amendment.
The Credit Union reserves the right to terminate my use of the Bill Payment service, in whole or part, at any time without prior notice.
This Bill Payment Agreement and Disclosure shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to the conflict of law provisions of the State of Missouri.
Together Credit Union
423 Lynch Street, St. Louis, MO 63118
(314) 771-7700 ext. 842 or (800) 325-9905
E-mail: [email protected]
11/2020