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CSD Credit Union
Online Bill Payment
Agreement and Disclosures
October 2005
MYCU®
ELECTRONIC BILL PAYMENT SERVICES
CONSUMER AGREEMENT AND INITIAL DISCLOSURES
On behalf of your Credit Union, and pursuant
to an agreement between your Credit Union and MYCU Services, LLC, MYCU Services,
LLC offers the On-line Bill Payer Services through this web site.
Electronic Disclosures: After you have
carefully read this Agreement in its entirety, please indicate your consent to
the same and to receiving this Agreement and Initial Disclosure ("Agreement")
electronically by clicking "I Accept". If you are not in agreement with this
Agreement, please exit this web site. YOUR USE OF THIS WEB SITE SHALL CONSITUTE
YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. We suggest that you print a copy
of this Agreement for future reference. Terms pertaining to fees and contact
persons for problems will be separately disclosed by the Credit Union.
- Definitions.
As used in this Agreement, Account(s) refers to your checking, savings,
money market shares, or loan accounts you have with your Credit Union, some of
which may or may not be eligible for electronic transfers using the Service;
Member Services Agreement refers to the agreement between you and
Credit Union containing the terms and conditions governing your Accounts;
Billing Account means the account you have designated to be charged for
all fees and charges, if any, associated with the Services; Business Day(s)
means Monday through Friday, except Federal Reserve holidays and any
additional day the Credit Union is closed; Designated Bill Paying Account(s)
means the designated checking account(s) at the credit union from which we
make payments on your behalf pursuant to this Agreement (the Designated Bill
Paying Account may be the same as the Billing Account); Bill Payer Web Site
refers to this web site wherein the Services are offered via the Internet; the
Service(s) refers to collectively, any or all programs, software,
products and services offered by MYCU Services, LLC which allows you to pay
bills via an Internet connection; Software License Agreement(s) means
the software license agreements governing your use of the Financial Software;
we, us or our refers to MYCU Services, LLC; you or your refers
to the person(s) subscribing to or using the Service.
- The Service.
You may use an Internet connection to access the Bill Payer Web Site and
direct us to make payments from your Designated Bill Paying Account(s) to
third parties ("Payees") that you have selected in advance to receive
payments.
- Software and
Equipment Requirements. You may
access the Bill Payer Web Site via the Internet. In order to use the Service,
your Internet device must meet the minimum requirements. You may use any
browser that supports 128-bit encryption; Netscape Navigator 4.0 or higher,
Internet Explorer 4.5 or higher. MYCU Services, LLC may change these
requirements from time to time. If any of these requirements change, you will
be notified of such change at the time you log on to the Bill Payer Web Site.
- Your User ID and
Password. You will be assigned a
personal User ID and a Password which you will use to obtain access to the
Bill Payer Web Site. You authorize us to follow any instructions entered
through the Service using your User ID and Password. Because your User ID and
Password can be used to access your Account(s) and to access information about
these Account(s), you should treat your User ID and Password with the same
degree of care and secrecy that you use to protect your ATM security code and
other sensitive financial data. We may ask you to change your User ID and
Password from time to time for security reasons. You agree not to use any
language that is abusive, harassing, libelous, defamatory, obscene or
threatening when defining your Password or any other personalization of your
Account(s).
- Sharing Your User ID
and Password with Others. You agree
not to give or make available your User ID, Password, or account number(s) to
any person who is not authorized to access your Designated Bill Paying Account
and other Accounts. If someone to whom you have granted authority to use your
User ID and Password exceeds such authority, you are fully liable for all
payments made by such person until you have notified us that you have
terminated the authority granted to such person and have given us a reasonable
period of time to act upon such notice. We may require that you put such
notice in writing. Upon receipt of such notice we may require you to
immediately change your User ID and Password, and to identify the person or
persons you believe to have exceeded such authority. You agree to cooperate
with us in the investigation and prosecution of any person who has obtained
and used your User ID and Password without your authorization and/or in excess
of your authority.
- Bill Payments.
You may make payments through the Service to any business, merchant, or
professional with a valid address that generates a bill or invoice for
products or services provided on your behalf. We reserve the right to refuse
to allow you to designate any particular payee or class of payee. You may also
make payments through the Service to individuals for non-business purposes.
Payments may be made only to payees with a U.S. payment address. We will not
be liable for any payment of alimony, child support, taxes, or other
governmental fees or court-ordered payments through the Service.
- Your Payee List.
You must provide sufficient information about each payee ("Payee Information")
as we may request from time to time, in order to ensure proper payment to each
of your designated payees. This information may include the name, address and
phone number of the payee and your Payee Account number. You agree that we may
obtain information regarding your Payee Accounts in order to facilitate proper
handling and crediting of your payments and you authorize your payees to
release such information to us. You can enter your Payee Information, as well
as additions, deletions and modifications to Payee Information via an Internet
connection to the Bill Payer Web Site.
- Scheduling Bill
Payments. To electronically
schedule a payment, follow the simple instructions in the Online Help file.
Payments may range in amounts up to Ten Thousand Dollars ($10,000.00). When
you schedule a bill payment, you authorize us to withdraw the amount of your
payment from your Designated Bill Paying Account.
- Processing/Delivery
of Your Bill Payments. You may
schedule payments to be processed on the day that you schedule a bill payment,
on a future date, on the same date each month, or by any of the available
schedule methods, subject to the restrictions in this Agreement. We deduct the
amount of your payment from your Designated Bill Paying Account on the date
that you scheduled the payment to be processed ("Account Process Date").
Although you may schedule bill payments by using the Service twenty-four hours
a day, seven days a week, payments can be processed only on Business Days,
subject to system availability. If the, Account Process Date falls on a
weekend or holiday, your payment will be processed on the previous Business
Day. We may refuse to process your payment if sufficient funds, including
funds available under any overdraft plan, are not available in your Designated
Bill Paying Account on the Account Process Date. When scheduling a new payee,
please schedule your first (1st) payment to such payee at least ten
(10) business days prior to the date your payment is due, excluding any
applicable grace periods (the "Due Date"). After your initial payment to a
respective payee, you must instruct us to process subsequent payments at least
five (5) Business Days prior to the Due Date. We are not responsible for any
loss you may incur as a result of your failure to schedule a payment to be
processed in accordance with this Agreement. Once you schedule a payment, the
Account Process Date will automatically be displayed on your computer screen.
- How Bill Payments are
Made. We may remit your payments by
mailing your payee a paper check, by electronic funds transfer, or by other
means. We send all checks through the United States mail. We are not
responsible for postal delays or processing delays by the payees.
Occasionally, a payee chooses not to participate in the service, or may be
unable to process payments in a timely manner. In such cases, we may decline
to make future payments to these payees, in which case we will send you a
notice regarding the same.
- Same Day Bill
Payments. You may schedule a bill
payment to be processed on the same day that you scheduled the payment if we
receive instructions before 5:00 a.m. Eastern Standard Time, USA, on a
Business Day ("Same Day Payment").
- Future Bill Payments.
You may schedule a payment to be processed on any future Business Day within
one (1) year from the date you scheduled the payment ("Future Payment").
- Recurring Bill
Payments. You may schedule payments
to be automatically processed in a fixed amount on the same date every month,
or by any of the other available payment methods (a "Recurring Payment"). The
date on which a Recurring Payment is scheduled to be processed is referred to
below as the "Recurring Payment Date." If a Recurring Payment Date is a day
which does not exist in a certain month, the payment will be processed on the
last Business Day of the month. For example, if you schedule a payment for the
31st of each month, your payment for the month of April will be
processed on or before the 30th of April. If the Recurring Payment Date falls
on a day other than a Business Day in any month, your payment will be
processed the prior Business Day. For example, if you schedule a Recurring
Payment to be processed on the fifth (5th) of each month, and
August 5th is a Saturday, your payment for August will be processed on August
4th.
- Guarantee for Bill
Payments. We will reimburse you for
any late payment fees or penalties you are charged, up to a maximum of $50.00
per scheduled payment, as a result of our failure to deliver a payment made to
a business by the scheduled Due Date if you meet each of the following
obligations:
(a) You
must schedule the payment in accordance with this Agreement.
(b) You
must provide us with the correct payee name, address, Due Date, account
information and the correct payment amount. We shall not be liable for fees
assessed as a result of your failure to schedule payment of the sufficient
amount due to a payee.
(c) Your
Designated Bill Paying Account, including any overdraft protection, must contain
sufficient funds to complete the payment or transfer on the Account Process
Date.
(d) The
payment must be made to a business. We will not reimburse any late payment fees
assessed to you by individuals.
(e) The
late payment fee or penalty or the method of calculation must be published by
the payee prior to the Due Date.
(f)
Your Internet device, Operating system software, telephone line, and Internet
service provider must be functioning properly.
- Stopping or Modifying
Bill Payments. You may modify or
cancel the payment amount and the Account Process Date of any scheduled
payments via the web site at any time prior to 5:00 a.m. Eastern Time, USA, on
the Account Process Date.
- Reviewing Payments.
Records of past payments and payments scheduled for the future are stored at
this Bill Payer Web Site. The number of records that can be stored depends on
the amount of the available space on the system.
- Incomplete Payments.
If we remit your payment to a payee by mailing your payee a check, and the
check has not been presented for payment within our payment cut-off period, we
will investigate the status of the check. If the payee cannot be reached, or
the payment is to an individual and the check has not been presented for
payment ninety (90) days after the Account Process Date, we may place a stop
payment order on the check and credit your account accordingly.
- Fees.
Any fees charged in connection with the Service will be disclosed to you in a
separate disclosure by the Credit Union. Any changes to such fees will be made
in accordance with Credit Union policy.
- Termination.
You may terminate your use of the Service at any time by contacting your
Credit Union. You must notify us at least ten (10) days prior to the date on
which you wish to have your Service terminated. If you have scheduled payments
with an Account Process Date within this ten-day period, you must separately
cancel those payments pursuant to paragraph 15 of this Agreement. If we have
not completed processing your termination request and you have not otherwise
cancelled a payment, you will be responsible for payments with Account Process
Dates during the ten (10) days following our receipt of your written notice of
termination. Your notice of termination will be confirmed by mail. Subject to
applicable law, we may terminate your use of the Service, in whole or in part,
at any time without notice if Credit Union notifies us that it has not
received the required fee, if any, when due to Credit Union, if you do not
comply with the terms of this Agreement, or the agreements governing your
Accounts, or if your Designated Bill Account or Billing Account is not
maintained in good standing, and no other Designated Bill Paying Account and
Billing Account has been designated. We may also terminate your use of the
Service for any other reason by giving you thirty (30) days notice.
Termination will not affect your liability or obligation under this Agreement
for transactions that we have processed on your behalf. If you would like to
designate a different Account for service charge deductions, you must notify
the Credit Union.
- Business Days.
Our Business Days are Monday through Friday. Federal Reserve and Credit Union
holidays are not included. You may use the Service twenty-four (24) hours a
day, seven (7) days a week, except during maintenance periods, for the
scheduling, modification or review of payment orders, however, bill payments
can be processed only on a Business Day.
- Confidentiality.
We will disclose information to third parties about your Accounts or the
transfers you make:
(a)
Where it is necessary for completing transfers and bill payments, or
(b) in
order to verify the existence and condition of your Account for a third party,
such as a credit bureau or merchant, or
(c) in
order to comply with government agency, court orders, or applicable law, or
(d) to
protect the interests of the credit union or of the public, such as to prevent
fraud or a crime, or
(e) to
protect the interests of the credit union, such as in collection of a debt, or
(f) if
we have your express or implied consent.
- Consumer Liability.
Tell us at once if you believe your User ID and Password has been lost or
stolen. Telephoning is the best way of keeping your possible losses to a
minimum. You could lose all the money in your account in addition to your
maximum overdraft line of credit. If you believe your User ID and Password has
been lost or stolen, and you tell us within two (2) Business Days after you
learn of the loss or theft, you can lose no more than $50.00 if someone used
your User ID and Password without your permission.
If you do not tell
us within two (2) Business Days after you learn of the loss or theft of your
User ID and Password, and we can prove that we could have stopped someone from
using your User ID and Password had we known of the theft, you could be liable
for the loss up to $500.00.
- Contact in Event of
Unauthorized Transactions . If you
believe your User ID and Password has been lost or stolen, or that someone to
whom you have granted authority to use your User ID and Password has exceeded
such authority, call your Credit Union immediately at the phone number
provided to you in the help section of the Bill Payer Web Site.
- Limitation of
Liability. Except as otherwise
provided in this Agreement or by law, we are not responsible for any loss,
injury or damage, whether direct, indirect, special or consequential, caused
by the Service or the use thereof or arising in any way out of the maintenance
of the Bill Payer Web Site, even if we have been advised of the possibility of
such damages or losses. We are not responsible for any loss, damage or injury
resulting from an interruption in your electrical power or telephone; the
disconnecting of your telephone line by your local telephone company or from
deficiencies in your line quality, the failure or unavailability of internet
access; problems with internet service providers, any defect or malfunction of
your PC, modem, or telephone line.
MYCU SERVICES, LLC
MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, BILL PAYER
WEB SITE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT
OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
- Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between you
and us related to the Service. Any other agreement or disclosure with respect
to your Accounts and/or fees for the services made by or with your Credit
Union is separate and distinct from this Agreement.
- Waivers.
No delay or omission by us in exercising any rights or remedies hereunder
shall impair such right or remedy or be construed as a waiver of any such
right or remedy. Any single or partial exercise of a right or remedy by us
shall not preclude us from further exercise or the exercise of any other right
or remedy. No waiver shall be valid unless in writing and signed by us.
- Assignment.
You may not assign this Agreement to any other party. We may assign this
Agreement or delegate any or all of our rights and responsibilities under this
Agreement to any third parties.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of Commonwealth of Pennsylvania without regard to that state's conflict of law
provisions.
- Arbitration.
IF A DISPUTE ARISES OUT OF OR RELATES TO THIS
AGREEMENT AND IF SAID DISPUTE CANNOT BE SETTLED THROUGH DISCUSSIONS, YOU AGREE
THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR
INVOLVING THE CONSTRUCTION OR APPLICATION OF ANY OF THE TERMS, COVENANTS OR
CONDITIONS OF THIS AGREEMENT, BE SETTLED BY ARBITRATION TO BE HELD IN THE
METROPOLITAN AREA OF HARRISBURG, PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF
THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY
THE ARBITRATOR(S) SHALL BE BINDING UPON YOU AND MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION THEREOF.
- Amendments.
We may amend or change any of the terms and conditions of this Agreement at
any time upon reasonable electronic notice to you. If you do not agree to the
change or amendment, you may notify us prior to the effective date of the
change or amendment and cancel your access to the Service. Your continued use
of the Service after the effective date of change will be deemed acceptance of
the change or amendment.
- Severability.
If any provision of this Agreement is determined to be void or invalid, the
remainder of this Agreement shall remain in full force and effect.
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