SAMPLE TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Service" means the bill payment service offered by CheckFree Services
Corporation.
"Agreement" means these terms and conditions of the bill payment service.
"Biller" is the person or entity to which you wish a bill payment to be
directed or is the person or entity from which you receive electronic bills, as
the case may be.
"Payment Instruction" is the information provided by you to the Service for a
bill payment to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be
debited.
"Billing Account" is the checking account from which all Service fees will be
automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve
holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill
payment and is also the day your Payment Account will be debited, unless the
Scheduled Payment Date falls on a non-Business Day in which case it will be
considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the
payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service
but has not begun processing.
PAYMENT SCHEDULING
The earliest possible Scheduled
Payment Date for each Biller (typically four (4) or fewer Business Days from the
current date) will be designated within the application when you are scheduling
the payment. Therefore, the application will not permit you to select a
Scheduled Payment Date less than the earliest possible Scheduled Payment Date
designated for each Biller. When scheduling payments you must select a Scheduled
Payment Date that is no later than the actual Due Date reflected on your Biller
statement unless the Due Date falls on a non-Business Day. If the actual Due
Date falls on a non-Business Day, you must select a Scheduled Payment Date that
is at least one (1) Business Day before the actual Due Date. Scheduled Payment
Dates must be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the
control of the Service, particularly delays in handling and posting payments by
Billers or financial institutions, some transactions may take longer to be
credited to your account. The Service will bear responsibility for any late
payment related charges up to $50.00 should a payment post after its Due Date as
long as the payment was scheduled in accordance with the guidelines described
under "Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing
the Service with names and account information of Billers to whom you wish to
direct payments, you authorize the Service to follow the Payment Instructions
that it receives through the payment system. In order to process payments more
efficiently and effectively, the Service may edit or alter payment data or data
formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to
debit your Payment Account and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the Scheduled Payment Date designated
by you. You also authorize the Service to credit your Payment Account for
payments returned to the Service by the United States Postal Service or Biller,
or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly.
However, the Service shall incur no liability and any Service Guarantee shall be
void if the Service is unable to complete any payments initiated by you because
of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain
sufficient funds to complete the transaction or the transaction would exceed
the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have
been advised by the Service about the malfunction before you execute the
transaction;
- You have not provided the Service with the correct Payment Account
information, or the correct name, address, phone number, or account
information for the Biller; and/or,
- Circumstances beyond control of the Service (such as, but not limited to,
fire, flood, or interference from an outside force) prevent the proper
execution of the transaction and the Service has taken reasonable precautions
to avoid those circumstances.
Provided none of the foregoing
exceptions are applicable, if the Service causes an incorrect amount of funds to
be removed from your Payment Account or causes funds from your Payment Account
to be directed to a Biller which does not comply with your Payment Instructions,
the Service shall be responsible for returning the improperly transferred funds
to your Payment Account, and for directing to the proper Biller any previously
misdirected transactions, and, if applicable, for any late payment related
charges.
PAYMENT METHODS
The Service reserves the right to select
the method in which to remit funds on your behalf to your Biller. These payment
methods may include, but may not be limited to, an electronic payment, an
electronic to check payment, or a laser draft payment (funds remitted to the
Biller are deducted from your Payment Account when the laser draft is presented
to your financial institution for payment).
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any
Scheduled Payment (including recurring payments) by following the directions
within the application. There is no charge for canceling or editing a Scheduled
Payment. Once the Service has begun processing a payment it cannot be cancelled
or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a
stop payment request will depend on the payment method and whether or not a
check has cleared. The Service may also not have a reasonable opportunity to act
on any stop payment request after a payment has been processed. If you desire to
stop any payment that has already been processed, you must contact Customer
Service. Although the Service will make every effort to accommodate your
request, the Service will have no liability for failing to do so. The Service
may also require you to present your request in writing within fourteen (14)
days. The charge for each stop payment request will be the current charge for
such service as set out in the applicable fee schedule.
PROHIBITED PAYMENTS
Payments to Billers outside of the
United States or its territories are prohibited through the Service.
EXCEPTION PAYMENTS
Tax payments and court ordered
payments may be scheduled through the Service, however such payments are
discouraged and must be scheduled at your own risk. In no event shall the
Service be liable for any claims or damages resulting from your scheduling of
these types of payments. The Service Guarantee as it applies to any late payment
related changes is void when these types of payments are scheduled and/or
processed by the Service. The Service has no obligation to research or resolve
any claim resulting from an exception payment. All research and resolution for
any misapplied, mis-posted or misdirected payments will be the sole
responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the
presentment of electronic bills only and it is your sole responsibility to
contact your Billers directly if you do not receive your statements. In
addition, if you elect to activate one of the Service's electronic bill options,
you also agree to the following:
Information provided to the Biller - The Service is unable to update or
change your personal information such as, but not limited to, name, address,
phone numbers and e-mail addresses, with the electronic Biller. Any changes will
need to be made by contacting the Biller directly. Additionally it is your
responsibility to maintain all usernames and passwords for all electronic Biller
sites. You also agree not to use someone else's information to gain unauthorized
access to another person's bill. The Service may, at the request of the Biller,
provide to the Biller your e-mail address, service address, or other data
specifically requested by the Biller at the time of activating the electronic
bill for that Biller, for purposes of the Biller informing you about Service
and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may
notify the Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to Biller and may
take up to sixty (60) days, depending on the billing cycle of each Biller.
Additionally, the ability to receive a paper copy of your statement(s) is at the
sole discretion of the Biller. While your electronic bill feature is being
activated it is your responsibility to keep your accounts current. Each
electronic Biller reserves the right to accept or deny your request to receive
electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill
feature for a Biller shall be deemed by us to be your authorization for us to
obtain bill data from the Biller on your behalf. For some Billers, you will be
asked to provide us with your user name and password for that Biller. By
providing us with such information, you authorize us to use the information to
obtain your bill data.
Notification - The Service will use its best efforts to present all of your
electronic bills promptly. In addition to notification within the Service, the
Service may send an e-mail notification to the e-mail address listed for your
account. It is your sole responsibility to ensure that this information is
accurate. In the event you do not receive notification, it is your
responsibility to periodically logon to the Service and check on the delivery of
new electronic bills. The time for notification may vary from Biller to Biller.
You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves
the right to cancel the presentment of electronic bills at any time. You may
cancel electronic bill presentment at any time. The timeframe for cancellation
of your electronic bill presentment may vary from Biller to Biller. It may take
up to sixty (60) days, depending on the billing cycle of each Biller. The
Service will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Service will not be responsible for
presenting any electronic bills that are already in process at the time of
cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless
should the Biller fail to deliver your statement(s). You are responsible for
ensuring timely payment of all bills. Copies of previously delivered bills must
be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for
the accuracy of your electronic bill(s). The Service is only responsible for
presenting the information we receive from the Biller. Any discrepancies or
disputes regarding the accuracy of your electronic bill summary or detail must
be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently
exist between you and your Billers.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED
DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make
available your password or other means to access your account to any
unauthorized individuals. You are responsible for all payments you authorize
using the Service. If you permit other persons to use the Service or your
password or other means to access your account, you are responsible for any
transactions they authorize. If you believe that your password or other means to
access your account has been lost or stolen or that someone may attempt to use
the Service without your consent or has transferred money without your
permission, you must notify the Service at once by calling 888-212-9342 during
customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us
within two (2) Business Days after you discover your password or other means to
access your account has been lost or stolen, your liability is no more than
$50.00 should someone access your account without your permission. If you do not
tell us within two (2) Business Days after you learn of such loss or theft, and
we can prove that we could have prevented the unauthorized use of your password
or other means to access your account if you had told us, you could be liable
for as much as $500.00. If your monthly financial institution statement contains
transfers that you did not authorize, you must tell us at once. If you do not
tell us within sixty (60) days after the statement was sent to you, you may lose
any amount transferred without your authorization after the sixty (60) days if
we can prove that we could have stopped someone from taking the money had you
told us in time. If a good reason (such as a long trip or a hospital stay)
prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about
your transactions, you should as soon as possible notify us via one of the
following:
- Telephone us at 888-212-9342 during customer service hours (7:00 a.m. to
1:00 a.m. Eastern Time)
- Contact us by using the application's e-messaging feature; and/or,
- Write us at: Bill Payment Processing Center PO Box 2168 Columbus, Ohio
43216-2168
If you think your statement is incorrect or you need more information about a
Service transaction listed on the statement, we must hear from you no later than
sixty (60) days after the FIRST statement was sent to you on which the problem
or error appears. You must:
- Tell us your name and Service account number;
- Describe the error or the transaction in question, and explain as clearly
as possible why you believe it is an error or why you need more information;
and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in
writing within ten (10) Business Days after your verbal notification. We will
tell you the results of our investigation within ten (10) Business Days after we
hear from you, and will correct any error promptly. However, if we require more
time to confirm the nature of your complaint or question, we reserve the right
to take up to forty-five (45) days to complete our investigation. If we decide
to do this, we will provisionally credit your Payment Account within ten (10)
Business Days for the amount you think is in error. If we ask you to submit your
complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your Payment Account. If it is
determined there was no error we will mail you a written explanation within
three (3) Business Days after completion of our investigation. You may ask for
copies of documents used in our investigation. The Service may revoke any
provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is
our general policy to treat your account information as confidential. However,
we will disclose information to third parties about your account or the
transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third
party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees
will be charged regardless of whether the Service was used during the billing
cycle. There may be a charge for additional transactions and other optional
services. You agree to pay such charges and authorize the Service to deduct the
calculated amount from your designated Billing Account for these amounts and any
additional charges that may be incurred by you. Any financial fees associated
with your standard deposit accounts will continue to apply. You are responsible
for any and all telephone access fees and/or Internet service fees that may be
assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you
are requesting the Service to make payments for you from your Payment Account.
If we are unable to complete the transaction for any reason associated with your
Payment Account (for example, there are insufficient funds in your Payment
Account to cover the transaction), the transaction will not be completed. In
some instances, you will receive a return notice from the Service. In such case,
you agree that:
- You will reimburse the Service immediately upon demand the transaction
amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of
the initial notification, a late charge equal to 1.5% monthly interest or the
legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial
institution as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to
collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any
credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable
fees and service charges may be altered or amended by the Service from time to
time. In such event, the Service shall provide notice to you. Any use of the
Service after the Service provides you a notice of change will constitute your
agreement to such change(s). Further, the Service may, from time to time, revise
or update the applications, services, and/or related material, which may render
all such prior versions obsolete. Consequently, the Service reserves the right
to terminate this Agreement as to all such prior versions of the applications,
services, and/or related material and limit access to only the Service's more
recent revisions and updates. In addition, as part of the Service, you agree to
receive all legally required notifications via electronic means.
ADDRESS OR BANKING CHANGES
It is your sole responsibility
to ensure that the contact information in your user profile is current and
accurate. This includes, but is not limited to, name, address, phone numbers and
email addresses. Changes can be made either within the application or by
contacting Customer Service. Any changes in your Payment Account should also be
made in accordance with the procedures outlined within the application's Help
files. All changes made are effective immediately for scheduled and future
payments paid from the updated Payment Account information. The Service is not
responsible for any payment processing errors or fees incurred if you do not
provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the
event you wish to cancel the Service, you may have the ability to do so through
the product, or you may contact customer service via one of the following:
- Telephone us at 888-212-9342 during customer service hours (7:00 a.m. to
1:00 a.m. Eastern Time)
- Write us at: Bill Payment Processing Center PO Box 2168 Columbus, Ohio
43216-2168
Any payment(s) the Service has already processed before the requested
cancellation date will be completed by the Service. All Scheduled Payments
including recurring payments will not be processed once the Service is
cancelled. The Service may terminate or suspend Service to you at any time.
Neither termination nor suspension shall affect your liability or obligations
under this Agreement.
BILLER LIMITATION
The Service reserves the right to
refuse to pay any Biller to whom you may direct a payment. The Service will
notify you promptly if it decides to refuse to pay a Biller designated by you.
This notification is not required if you attempt to make a prohibited payment or
an exception payment under this Agreement.
RETURNED PAYMENTS
In using the Service, you understand
that Billers and/or the United States Postal Service may return payments to the
Service for various reasons such as, but not limited to, Biller's forwarding
address expired; Biller account number is not valid; Biller is unable to locate
account; or Biller account is paid in full. The Service will use its best
efforts to research and correct the returned payment and return it to your
Biller, or void the payment and credit your Payment Account. You may receive
notification from the Service.
INFORMATION AUTHORIZATION
Your enrollment in the Service
may not be fulfilled if the Service cannot verify your identity or other
necessary information. Through your enrollment in the Service, you agree that
the Service reserves the right to request a review of your credit rating at its
own expense through an authorized bureau. In addition, you agree that the
Service reserves the right to obtain financial information regarding your
account from a Biller or your financial institution (for example, to resolve
payment posting problems or for verification).
DISPUTES
In the event of a dispute regarding the Service,
you and the Service agree to resolve the dispute by looking to this Agreement.
You agree that this Agreement is the complete and exclusive statement of the
agreement between you and the Service which supersedes any proposal or prior
agreement, oral or written, and any other communications between you and the
Service relating to the subject matter of this Agreement. If there is a conflict
between what an employee of the Service or Customer Service Department says and
the terms of this Agreement, the terms of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other
party. The Service may assign this Agreement to any future, directly or
indirectly, affiliated company. The Service may also assign or delegate certain
of its rights and responsibilities under this Agreement to independent
contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived
any of its rights or remedies hereunder unless such waiver is in writing and
signed by the Service. No delay or omission on the part of the Service in
exercising any rights or remedies shall operate as a waiver of such rights or
remedies or any other rights or remedies. A waiver on any one occasion shall not
be construed as a bar or waiver of any rights or remedies on future occasions.
CAPTIONS
The captions of sections hereof are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and
construed in accordance with the laws of the State of Georgia, without regard to
its conflicts of laws provisions. To the extent that the terms of this Agreement
conflict with applicable state or federal law, such state or federal law shall
replace such conflicting terms only to the extent required by law. Unless
expressly stated otherwise, all other terms of this Agreement shall remain in
full force and effect.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT
OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE
SERVICE.