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CSD Credit Union
Online Bill Payment
Agreement and Disclosures
April 2011
MyCU SERVICES 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.
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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.
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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.
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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.
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Your User ID and Password.
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).
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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.
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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.
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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.
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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.
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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.
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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.
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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").
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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").
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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