
A)
INTERNET BANKING TERMS AND CONDITIONS
1) Introduction
a) Internet Banking Features
b) Schedule
of Fees
c) Questions
or Errors
2)
Getting Started
3) Hours
of Service
a)
Account Transfers
b) Stop
Payment Requests
4) Managing
Passwords
5) Unauthorized
Transfers
6) Accounts
with Multiple Signature Restrictions
7) Electronic
Mail
8) Liability
9) Alterations
and Amendments
10) Termination
or Discontinuation
B) BILL PAYMENT TERMS AND CONDITIONS
1) Introduction
2) Service
Guarantee
3) Service
Definitions
4) Getting
Started
5) Payment
Scheduling
6) Payment
Authorization and Payment Scheduling
7) Payment
Methods
8) Payment
Cancellation Requests
9) Stop
Payment Requests
10) Prohibited
Payments
11) Exception
Payments
12) Bill Delivery
and Presentment
13) Exclusions
of Warranties
14) Password
and Security
15) Your Liability
for Unauthorized Transfers
16) Errors and
Questions
17) Disclosure
of Account Information to Third Parties
18) Service Fees
and Additional Charges
19) Failed or
Returned Transactions
20) Alterations
and Amendments
21) Address or
Banking Changes
22) Service Termination,
Cancellation, or Suspension
23) Payee Limitation
24) Returned
Payments
25) Information
Authorization
26) Disputes
27) Assignment
28) No Waiver
29) Captions
30) Governing
Law
Please
read before continuing through the application process. If you have
any questions please contact
us.
A.
INTERNET BANKING TERMS AND CONDITIONS
1.
Introduction
Before you begin using this service, please read these Terms and Conditions.
By accepting these Internet Banking and Bill Payment Enrollment Terms
and Conditions online, you represent that you have read, understand,
and agree to be bound by all of these Terms and Conditions. Throughout
this agreement you and your refer to the party
who has executed the Internet Banking and Bill Payment Enrollment form.
We, our, us, First Federal
Savings Bank and Bank refer to First Federal Savings
Bank of Twin Falls, Idaho. Our business days are Monday
through Friday. Holidays are not included. All depository accounts,
as well as other selected services and operating procedures for accounts,
including time deposits, are also governed by the Banks UNDERSTANDING
YOUR DEPOSIT ACCOUNT disclosure.
a.
Internet Banking Features
From anywhere
that you have Internet access, you can review your accounts anytime
with Internet Banking. You can:
- View
any of your First Federal Savings Bank checking accounts, savings
accounts, certificates of deposit, or loans.
- Search
for specific transactions, either by date, amount, or check number
processed in the last 60 days.
- Inquire
on the ledger balance of your First Federal Savings Bank depository
accounts (ACH, wires, other electronic transactions, deposits, or
withdrawals processed throughout the business day will not be reflected
in your balance until end-of-day processing).
- Place
a Stop Payment on a check using the check number, check amount,
and the payee.
- Move
funds between your First Federal Savings Bank accounts*.
- Change
your password.
- Communicate
directly with First Federal Savings Bank via e-mail.
*For
any funds transfer, your available balance, including your overdraft
protection coverage, if any, must be enough to cover the transcation.
b.
Schedule of Fees
The charges for Internet Banking access, stop payments, and other
services are set out in First Federals "Fee Schedule."*
All applicable fees will be automatically deducted from your account
and will appear on your account statement.
*Fees
are subject to change as provided for in the Alterations and Amendments
section below.
c.
Questions or Errors
In case of questions or errors about account transfers made through
Internet Banking involving a First Federal Savings Bank account, you
should do one of the following as soon as you can:
Telephone.
Our Customer Service hours are from 8:00 a.m. to 6:00 p.m. Monday
through Friday. Call 208-736-4444 or 800-278-9435 to speak with a
representative.
Write.
First Federal Savings Bank
Attn: Customer Service
P O Box 249
Twin Falls, Idaho 83303-0249
- If
you think that your statement is wrong or you need more information
about a bill payment listed on the statement, we must hear from
you no later than sixty (60) days after we have sent you the FIRST
statement on which the problem or error appeared.
- Please
include the following information about the problem:
- Tell
us your name and account number.
- Describe
the error or the transfer you are unsure about, and explain
as clearly as you can why you believe it is an error or why
you need more information.
- Tell
us the dollar amount of the suspected error.
If you
tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days. 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. If we need more
time, however, we may take up to forty-five (45) days to investigate
your complaint or question. If we decide to do this, we will recredit
your account within ten (10) business days for the amount you think
is in error, so that you have the use of the money during the time
it takes us to complete our investigation.
If we
ask you to put your complaint or question in writing and we do not
receive it within ten (10) business days, we may not recredit your
account. If we decide that there was no error, we will send you a
written explanation within three (3) business days after we finish
our investigation. You may ask for copies of the documents that we
use in our investigation. If we do not complete a transfer to or from
your First Federal Savings Bank account on time or in the correct
amount according to our agreement with you, we will be liable for
your losses or damages. However, there are some exceptions for which
we will not be liable:
- If,
through no fault of ours, your account does not contain enough available
funds to complete the transfer,
- If
your account is legally subject to some legal process, right of
off-set, or encumbrance, or if the funds in your account are not
immediately available for completing transactions,
- If
the transfer would go over the credit limit on your overdraft protection
credit line,
- If
you, or anyone you allow, commits any fraud or violates any law
or regulation,
- If
any electronic terminal, telecommunication device, or any part of
the electronic funds transfer system is not working properly,
- If
you have not properly followed the instructions for using Internet
Banking,
- If
circumstances beyond our control (such as fire, flood or improper
transmission) prevent the transaction, despite reasonable precautions
taken by us,
- If
Internet Banking was not working properly, and you were aware of
the malfunction when you began the transaction,
- If
the Internet Banking system is temporarily unavailable due to maintenance,
security reasons, or other exceptions not specifically mentioned
herein, or
- There
may be other exceptions stated in our Agreement with you.
2.
Getting Started
- Access
to Internet Banking is through the Banks web site, http://www.firstfd.com.
- Click
on Online Banking/Internet Banking
- Click
on Access My Consumer Express Account
- Enter
your User name and Password.
- You
are now ready to access your account information.
3.
Hours of Service
You have access to your accounts 24 hours a day, seven days a week.
However, some of the features within Internet Banking have processing
deadlines.
In
addition, at various times, certain services may be temporarily unavailable
due to maintenance needs.
a.
Account Transfers
Account Transfers requested before 4:00 P.M. (Mountain Time) on a
business day will be posted to your account the same day. Requests
made after 4:00 P.M. (Mountain Time) or on a weekend or holiday will
be processed on the next business day.
b.
Stop Payment Requests
Stop payments requested during business hours of 8:00 A.M. to 3:30
P.M. (Mountain Time) will be considered as delivered and received
the same business day. Receipt of such requests later than 3:30 P.M.
(Mountain Time) shall be treated as delivered and received the following
business day. (For details, see the pamphlet you received when you
opened your First Federal Savings Bank account, labeled Understanding
Your Deposit Account.
4.
Managing Passwords
You will be given a temporary password to access Internet Banking.
Upon accessing the system the first time, you will be asked to change
your password. Keep your password secret. Memorize
your password and do not write it down. You are responsible for keeping
your password and account information confidential. If you allow other
persons to use Internet Banking or your password, you are responsible
for any transactions they authorize from your accounts. For additional
security, at any time, you can change your password while in Internet
Banking. We recommend you change your password regularly.
5.
Unauthorized Transfers
If you believe another person has unauthorized knowledge of your Internet
Banking password, or if someone has transferred or may transfer money
from your account without your permission, or if you suspect any fraudulent
activity on your account, notify us at once by calling 208-736-4444
or 800-278-9435 during normal customer service hours. If you tell us
within two (2) business days after you discover any or all of your security
codes have been lost or stolen, and someone uses your security code(s)
without your permission, you can lose no more than $50.00. If you fail
to notify the Bank within two (2) business days after you learn of the
loss or theft of any or all of your security codes, and we can prove
that we could have prevented the unauthorized use of your security codes
had you notified us, you could lose as much as $500.00. If your monthly
statement contains transfers that you did not make, tell us at once.
If you do not tell us within sixty (60) days after the statement containing
the unauthorized transfer(s) was mailed to you, and if we can prove
that we could have stopped someone from taking the money had you told
us in time, you may lose any amount transferred without your authorization.
If a good reason (such as a long trip or a hospital stay) prevented
you from telling us, we may extend the period.
6.
Accounts with Multiple Signature Restrictions
If you utilize checks or other means of withdrawal which require
more than one signature under some or all circumstances, you agree that
those restrictions are for your internal use and internal control only.
You agree not to bind us even if you have made us aware of the restriction
on any signature card, any other agreement you have with us, or through
the existence of multiple signature lines or legends printed on items
indicating that more than one signature is required. We reserve the
right to refuse to open any account which has these types of restrictions.
You agree not to assert any claims against First Federal Savings Bank
for lack of authorized signers as long as the item used for withdrawal
from the account contains the signature of at least one authorized signer.
7.
Electronic Mail
You cannot use electronic mail (e-mail) to initiate transactions on
your account(s). For banking transactions, please use the appropriate
functions within Internet Banking.
8.
Liability
Unless otherwise required by law or specifically provided for in this
Agreement, you agree that neither we nor the service providers shall
be responsible for any harm, including, but not limited to, direct,
indirect, special, consequential, and economic damages, resulting in
any way from the installation, operation or maintenance of our equipment
or software, or Internet browser or access software. Nor shall we or
the service providers be responsible for any loss, property damage,
or bodily harm, whether caused by First Federal Savings Bank, its equipment
or software, or by Internet access or browser providers, or by on-line
service providers, or any agent or subcontractor of any of the aforementioned
parties.
9. Alterations and Amendments
The terms of this Agreement and applicable fees may be altered or amended
by the Bank from time-to-time. In such event, the Bank shall send notice
to you at your address as it appears on the banks records or send
you an electronic mail message (e-mail). The notice will be sent at
least thirty (30) days in advance (unless an immediate change is necessary
for security reasons) of the effective date of any additional fees for
online transactions, or of any stricter limits on the type, amount,
or frequency of transactions, or of any increase in your responsibility
for unauthorized transactions. As always, you may choose to accept or
decline changes by continuing or discontinuing the accounts or services
to which these changes relate. The applicable Schedule of Fees
governs changes to fees applicable to specific accounts.
10.
Termination or Discontinuation
In the event you wish to discontinue using Internet Banking, contact
the Bank in writing or send us an electronic mail message. Written notice
must be sent to First Federal Savings Bank, Attn: Customer Service,
P O Box 249, Twin Falls, Idaho 83303-0249. We may, at any time, without
prior notice to you, terminate your Internet Banking service. We will
mail notice of termination to you at your address as shown on the Banks
records.
B.
BILL PAYMENT TERMS AND CONDITIONS
1.
Introduction
Note:
All references to the Payment Service and/or the Service
reflect the bill pay service offered by First Federal Savings Bank.
Before you begin using the Service, please read these Terms
and Conditions. By signing the Internet Banking and Bill
Payment Enrollment form, you represent that you have read, understand,
and agree to be bound by all of these Terms and Conditions.
2.
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.
3.
Service Definitions
- "Service"
means the Bill Payment Service offered by your sponsoring financial
institution through CheckFree Services Corporation.
- "Agreement"
means these Terms and Conditions of the bill payment service.
- "Payee"
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 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 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 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.
4.
Getting Started
- Access
to our Web Bill Pay is through First Federal Savings Bank's Web site,
http://www.firstfd.com.
- Click
on Online Banking/Web Bill Pay
- Enter Your User Name and Password.
- Once you are logged in to Online Banking, click on the ‘Bill Payment’ tab located on the black tool bar.
- You are now ready to access your Web Bill Pay account information.
If you have not previously enrolled in our Web Bill Pay program, follow the first four steps above to arrive at the Web Bill Pay site. You will be asked if you wish to enroll. If you do, complete the questions. If no further information is required, you will be able to access your account immediately. You are now ready to begin paying bills.
5.
Payment Scheduling
Transactions begin processing four (4) 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.
6.
Payment Authorization and Payment Scheduling
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 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 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:
- 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 Payee; 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 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
charges.
7.
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 may include, but may not
be limited to, an electronic payment, an electronic to check payment,
or a laser draft payment.
8.
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.
9.
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.
10.
Prohibited Payments
Payments to Payees outside of the United States or its territories are
prohibited through the Service.
11.
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,
misposted or misdirected payments will be the sole responsibility of
you and not of the Service.
12.
Bill Delivery and Presentment
This feature
is for the presentment of electronic bills only and it is your sole
responsibility to contact your Payees 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 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 user names 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.
13.
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.
14.
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 (877) 238-7275 during
customer service hours.
15.
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.
16.
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 (877) 238-7275 during customer service hours;
- Contact
us by using the application's e-messaging feature; and/or,
- Write
us at:
CheckFree Payment Services
P.O. Box 182477
Columbus, OH 43218-2477
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.
17.
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 Payee;
- 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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
Service Termination, Cancellation, or Suspension
The financial institution sponsoring your Bill Payment Service reserves
the rights to terminate, cancel, and/or suspend your Service account
at any time for any reason. To enroll and use the Service, you must
maintain a checking or money market account with the financial institution
sponsoring the Service. 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 (877) 238-7275 during customer service hours; and/or
- Write
us at:
CheckFree Payment Services
P.O. Box 182477
Columbus, OH 43218-2477
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.
23.
Payee Limitation
The Service
reserves the right to refuse to pay any Payee to whom you may direct
a payment. The Service will 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.
24.
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 is not valid; Payee is unable to locate account; or Payee
account is 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.
25.
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 your financial institution (for example, to resolve
payment posting problems or for verification).
26.
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.
27.
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.
28.
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.
29.
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.
30.
Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of Idaho, without regard to its conflicts of
laws provisions.
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.
