This Online Banking Agreement and Disclosure ("Agreement") establishes the terms and conditions for Online Banking and Online Banking Bill Pay services ("Services") provided by Mechanics Bank ("Bank", "us" or "our"). This Agreement is a legal contract between you and the Bank and sets out the terms and conditions of your use of the Services. Please read this Agreement carefully and keep a copy for your records because it contains important information and guidelines for using the Services.
In addition to this Agreement, you and the Bank agree to be bound by and comply with the terms and conditions of the Bank's Account Agreement, the Schedule of Fees and Charges and any other disclosures provided to you in connection with your accounts (collectively "Disclosures"). Your use of the Services is your acknowledgment that you have received these Disclosures and intend to be bound by them. To the extent that this Agreement is inconsistent with any of the terms and conditions contained in the Disclosures, the terms and conditions of this Agreement shall prevail with respect to the Services. If you should need another copy of any of the Disclosures, please call us at 1.800.797.6324, visit one of our offices or print a copy from our web site.
You must complete and submit the electronic Online Banking Enrollment Request to apply for the Services. Acceptance of your Online Banking Enrollment Request is subject to the Bank's approval before it becomes effective ("Effective Date").
Your use of any of the Services may also be affected by the agreements between you and us for your linked accounts. When you link an account to the Services, you do not change the agreements for that account. For example, when you use the Services to access a credit account, you do so under the terms and conditions for the credit account. You should review those agreements for any limitations on the transactions you can make, any applicable fees or other restrictions that might impact your use of an account with the Services.
The following definitions apply to this Agreement:
Services may include, but are not limited to:
Some of the Services may appear on your screen that have not been approved for you and, therefore, will not be available to you. Also, the Bank may, from time to time, introduce new Services. By using these services when they become available, you agree to be bound by the terms and conditions in this Agreement and any updates thereto. We may modify or cancel any of the Services at any time without prior notice, at our sole discretion, unless otherwise required by law.
Information shown through the Services is generally up to the minute. The available account balance may include deposits still subject to verification or other items memo posted to the account (e.g., debit card activity) and may not include outstanding checks or credits. Transfers initiated through the Services may not result in immediate availability because of the time required to process the request. Please contact us if you have further questions.
Access to Services
You are responsible for the selection, installation, maintenance, and operation of your Access Device and software. We are not responsible for any errors, failures, or malfunctions of your Access Device, software, or any virus or related problems that may occur with your use of the Services or the Internet. It is also your responsibility to keep your browser, software and operating systems up-to-date.
Once we have received your completed Internet Banking Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your User ID, Password and any other established authentication method. The Services can be used to access only the Bank accounts for which you are an owner or authorized representative. You can delete any of your Bank accounts or User access from this Agreement by contacting the Bank.
The Bank will provide instructions on how to use the Online Banking and Bill Payment Services. You will gain access to your Online Account(s) through the use of your internet-enabled Access Device, ISP, User ID and Password. You may generally access your Online Account 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time due to maintenance or other reasons beyond our control.
To access your account(s) through Online Banking, you must have an eligible Bank account, User ID and Password.
To use the Services you must acquire one or more of the following access devices:
Eligible accounts accessible through the Services include checking, savings, money market, loans and lines of credit. You may access all of your eligible accounts online, but one of these accounts must be a checking account in order to use the Bill Payment Service. Please note that the information provided through the Services may not include recent transactions and may include funds that are not available for immediate withdrawal.
Some access and/or transaction features may not be available on certain accounts. Payments or transfers made through the Services from a savings or money market account are subject to limitations and may result in an excess transaction fee. Refer to the Account Agreement and Schedule of Fees and Charges for more information.
Processing Cutoff Time:
Transaction requests that we receive for processing by the "cutoff" time, posted within the Services, on business days are processed on that business day. Requests received after the cutoff time or on a non-business day may be deemed received as of the next business day and may be processed on that business day. Our business days are Monday through Friday, excluding federal holidays. Transfers performed after 7:00 pm will be posted next business day.
Statements are made available electronically through Online Banking for accounts enrolled in eDelivery. Refer to the eDelivery agreement for the terms and conditions of the eDelivery services.
Personal Identification and Security
You agree not to give or make available your Password, User ID or other means to access your account to any unauthorized individuals. You are responsible for all transactions and payments you authorize using the Services. If you permit other persons to use the Services with your User ID, Password or other means to access your account, you are responsible for any transactions they authorize. In order to protect yourself against fraud, you should adhere to the following guidelines:
If you believe your User ID and/or Password has been lost or stolen, compromised, or that someone may attempt to use the Services without your consent or has transferred money without your permission, or you suspect any fraudulent activity on your account, call the Bank immediately at 1.800.797.6324 during our normal Call Center hours which are posted on our Website. Telephoning the Bank is the best way of minimizing your losses and liability.
If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking to change your Password.
For additional online security information, please refer to the Security Center on our web-site.
MOBILE BANKING SERVICE
Service Description. The Mobile Banking Services (Mobile Banking) may include, but are not limited to:
To use Mobile Banking you must be enrolled in the Services. We offer Mobile Banking as an added convenience to you. However, Mobile Banking is not intended to replace your access to, or replace the full functionality of, the Service's capabilities. Mobile Banking cannot replace your computer to access the Services for managing your accounts with us.
Instructions regarding the use of Mobile Banking are available on our website and within the Services. You acknowledge and agree that you are responsible for learning how to properly use your mobile access device and Mobile Banking before actually doing so in accordance with these instructions, including any modifications that we may perform to Mobile Banking from time to time. You agree not to use Mobile Banking or the information or content outside of these instructions. Please contact us at 800.797.6324, with any questions you have regarding Mobile Banking.
You acknowledge and agree that by using Mobile Banking you are directly responsible for taking all appropriate precautions to ensure the security, safety and integrity of your account and transaction information. You agree not to use Mobile Banking while driving, or in any other manner that could be considered illegal. In addition, you agree not to leave your mobile access device unattended while logged into an active session and to log off immediately at the completion of each session.
Disclaimer of Warranty and Limitation of Liability: We do not guarantee that your mobile access device and/or mobile access device provider will be compatible with the Services, and the Services may not be accessible over some network carriers and may not be supported for all mobile access devices. You are solely responsible for the safe operation and maintenance of your mobile access device. We are not responsible for the availability of data services, any errors, omissions or other issues such as data outages or out of range situations related to the use of your mobile access device or services provided by your mobile access device provider, including any related fees associated with the purchase and use of your mobile access device, services provided by your mobile access device provider, or any other third party. You understand and agree that when you use Mobile Banking, you remain subject to the terms and conditions of all your existing agreements with us and our affiliates, including the terms and conditions of any other agreements with any unaffiliated service providers, including but not limited to, your mobile service provider. This Agreement does not amend or supersede any of those agreements, and you are solely responsible for resolving any issues or problems directly with your mobile device access provider or any other third party without involving us.
You acknowledge and agree that any mobile access device is susceptible to viruses, spyware, worms, malware, Trojan horses and other unauthorized programs or software (the "Viruses"). You are solely responsible for taking appropriate measures to adequately protect your mobile access device from such harm of Viruses which may result in lost or stolen data, damage to programs, files or graphics, the inoperability of your mobile access device, or other incidents or issues. We are not responsible or liable for any direct, incidental, special or consequential damage as a result from such Viruses detected or present on your mobile access device, nor from any incident or circumstance in which sensitive and/or confidential information is accessed from the Mobile Banking in an unauthorized manner by a third party due to such Viruses at any point or from any source.
Use of Mobile Banking is limited to service area locations within the United States, and we make no representations that Mobile Banking will be available for use outside of this service area. Accessing the Mobile Banking from locations outside of the United States is at your own risk.
You agree that we may record electronic messages you enter in the online system.
Electronic Mail (E-mail)
You can send us electronic mail ("e-mail"). Since we may not receive it immediately, you should not rely on e-mail if you need to communicate with us right away (e.g., to report an unauthorized transaction). If you need to contact us immediately, you should contact us at 1.800.797.6324. E-mail may not be used to initiate transactions on your accounts. We require a reasonable time to act upon any e-mail request, and reserve the right to reject any instruction or request received by e-mail (e.g., a request to wire transfer funds).
You agree that e-mail or other communications viewed or transmitted between you and us through Online Banking shall be treated as a "writing" and shall bind each of us in the same way as written communications. You agree usage of your User ID and Password to access Online Banking through our website in connection with a communication that you send to us shall be treated as your signature.
You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. When you place your stop-payment order we will tell you what information we need to stop a payment. This information must be exact since stop payment orders are handled by computers. If your information is not exact, your order will not be effective and we will not be responsible for failure to stop a payment. You may place a stop payment on any item, other than ATM or POS transactions, drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop payment request may be made only by the person who initiated the stop-payment order. Additional limitations on our obligation to stop payment are provided by law.
Term and Termination
Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
Termination for Cause. We may immediately terminate any or all of the Services without notice to you under the following circumstances:
Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the desired termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Any applicable charges for the Services will be assessed. Previously paid fees are non-refundable. You may terminate a service by one of the following methods:
Your Services may become inactive if you do not sign on or have any transaction scheduled through the Services during any consecutive 120-day period. If your account is considered inactive, you may be required to contact us to have the Services activated before you will be able to schedule any transaction through the Services.
We reserve the right to terminate your use of the Services in whole or in part at any time without cause and without prior notice.
Electronic Fund Transfer Provisions For Consumers ONLY
Applicability. These provisions are only applicable to consumer online electronic fund transfers that credit or debit a consumer's account and are subject to the Federal Reserve Board's Regulation E.
In case of errors or questions regarding an Online Banking or Bill Payment transaction,
We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
Refer to the Account Agreement for more information.
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to the Services. Unless otherwise required by applicable law, we are only responsible for performing the Services in accordance with this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
CREDIT AND AUDIT REVIEW
You are subject to satisfactory credit and audit review by the Bank from time to time, at the Bank's sole option and discretion, and in accordance with the Bank's established credit and auditing criteria. You shall, upon the Bank's request, provide to the Bank any such credit and audit related information and assistance as the Bank may require to perform any such review. Your failure to meet such standards in the sole discretion of the Bank or to provide such information or assistance when requested shall constitute a breach of this Agreement and shall permit the Bank to terminate this Agreement and your access to the Services therein.
You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account or use of the Services.
We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an ISP, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access the Services.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your Access Device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
General Terms and Conditions
Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send notice to you at the last e-mail or postal address shown in our records for your account or the Services. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. If an immediate change is necessary for security purposes, however, prior notice may not be given.
Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without your consent.
Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement, may be provided electronically.
California Law. Except as otherwise provided in this Agreement, California law will govern the Services and the interpretation of this Agreement. Unless otherwise provided in this Agreement, your accounts and the Services will be subject to applicable clearinghouse, Federal Reserve Bank and correspondent bank rules. You agree that we do not have to notify you of a change in those rules, except to the extent required by law.
Our website, system or Services may contain links to other websites, and they are solely provided to you as an additional convenience. You understand and acknowledge that by clicking or activating such links you will leave our website and go to the other website, and that we do not screen, review, approve, or otherwise endorse any content or information contained in these linked websites. You acknowledge and agree that we, our affiliates and partners are not responsible for the contents of any of these linked websites, including the accuracy or availability of information provided by the linked websites, and we make no representations or warranties regarding your use of the linked websites.
Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
ONLINE BANKING BILL PAY
If you apply and are approved for this service, payments may be made only from a Checking Account. If you link more than one checking account to the service, you must specify which account you wish to use in making payments. You may not initiate payments from a checking account that requires more than one signature for withdrawals or from a Money Market or Certificate of Deposit account. We are not responsible if you attempt to do so.
Please carefully read the agreement for Online Banking Bill Pay service provided by Mechanics Bank through CheckFree Services Corporation as it contains important information and guidelines for using the service.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
"Service" means the bill payment service offered by Mechanics Bank, through 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.
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:
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.
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.
Payments to Billers outside of the United States or its territories are prohibited through the Service.
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 1.800.797.6324 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:
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:
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:
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:
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:
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.
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.
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.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. 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).
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.
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.
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.
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.
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.