CUonline Bill Pay Agreement

CUonline Bill Pay Agreement - 08/22/2012

This is your CUonline Bill Pay agreement with Afena Federal Credit Union.

You may use Afena FCU’s bill paying service, CUonline Bill Pay, to direct Afena FCU to make payments from your designated checking account to the “Payees” you choose in accordance with this agreement. The terms and conditions of this agreement are in addition to the account agreements, disclosures, and other documents in effect from time to time governing your account.

Service Provider

You authorize the Credit Union to utilize iPay Technologies (or another processor of our choice) to provide this service to you on the Credit Union's behalf.

Definitions

Financial Institution: Afena Federal Credit Union

Payee: Anyone, including Afena FCU, that you designate and Afena FCU accepts as a “Payee”.

Processing date: the date funds are pulled from your account and the bill payment process begins. The date you choose must be a business day - if not, the payment date will be deemed to be the first business day following the date indicated.

Estimated Arrival Date: the date the system calculates as the estimated date your payment will reach your “Payee”. This is only an estimate, so please allow ample time for your payments to reach your “Payees”.

Afena FCU CUonline Bill Pay Terms and Conditions

Service Fee

CUonline Bill Pay service is currently FREE.

The Credit Union has the right to change fees at any time.

Additional fees will not be assessed without notice to you. Other fees, as described in the applicable Fee Schedule, may apply.

Scheduling Automatic Payments

Subject to the terms and conditions of this Agreement, you authorize us, and any third party acting on our behalf, to choose the most effective method to process your payment, including without limitation, electronic (ACH), paper or some other draft means. When possible, payments will be made electronically. However, some payments will be made by check.

You will allow at least three (3) business days between the processing date and due date (not the late payment date) for electronic payments and at least five (5) business days for check payments. When establishing a new vendor or payee, you will allow at least ten (10) business days between the processing date and the due date. The Credit Union is not liable for any service or late charges levied against you.

Payment Confirmation

For each properly instructed payment to an eligible vendor, you will receive a transaction confirmation number. Unless you receive a confirmation number, we shall not be liable for any failure to make a payment, including any finance charge or late fees incurred as a result.

Subject to the limitations discussed in this Agreement, if you follow the procedures described in this agreement for payments, and you are assessed a penalty or late charge, we will reimburse you for that late charge up to a maximum amount of $15.00. If you do not adhere to the obligations described in this Agreement, or if you schedule a payment less than five business days before a vendor's due date, you will assume full responsibility for all penalties and late fees.

Restrictions

Any payee you wish to pay through Afena CUonline Bill Pay must be payable in U.S. dollars.

Afena CUonline Bill Pay will not process any International bill payments or transfers.

Each payee must appear on the payee list you create with the Credit Union and the account you are paying must be in your name.

You may not use Afena CUonline's Bill Pay service to make payments to a federal, state or local governmental or tax unit, or to any other categories of payees, which we may establish from time to time.

The Credit Union reserves the right to refuse to make any payments, but will notify you of any such refusal within three (3) business days following receipt of your payment process date.

Canceling Payments

You may cancel or modify a payment and/or transfer up to 3:00 p.m. Eastern Standard Time on the processing date you schedule for the payment and/or transfer to be deducted from your share draft account.

Failed Payments

If sufficient funds are not available in your checking account it will result in a "Non-Sufficient Funds" or NSF charge. In the event of repetitive NSF's, we reserve the right to terminate your subscription to the Bill Pay service without prior notice to you.

In the event that funds are not available in your checking account on the date fees are charged, we reserve the right to collect fees from any non-IRA account on which you are listed as the Owner or Joint Owner.

Insufficient available funds may prevent you from making more payments until resolved. The Credit Union is not responsible to notify you if sufficient funds are not available in your account.

Credit Union Liability

If the Credit Union through negligence on its part does not complete a transfer to or from your account on time or in the correct amount according to the account agreement with you (including all rules and regulations governing your account), we will be liable for any direct loss not to exceed the amount of the transfer. Under no circumstances will the Credit Union be liable for any indirect, incidental, special or consequential damages that result from the use of the Bill Pay service. The Credit Union will also not be liable for any loss, including but not limited to any direct, indirect, incidental, special or consequential damages that results from any reason not the fault of the Credit Union, including but not limited, to the following examples:

If through no fault of ours, you do not have enough money in your account to complete the transfer;
If the transfer would exceed the limit on your line of credit account;
If circumstances beyond our control (e.g. fire, flood) prevent the transfer, despite reasonable precautions having been taken;
If the funds in the account are subject to legal process or other encumbrance restricting such transfer;
If the Afena CUonline Bill Pay system was not working properly due to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, normal maintenance, unauthorized access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems;
If there is an allegation of fraudulent or illegal activity concerning the account;
If other rules, regulations or agreements of Afena Federal Credit Union so provide, or;
If transaction instructions are not actually received by us, we may not be held accountable for any loss resulting from the delay or failure to transmit instructions arising from user error, malfunction of equipment, natural impediments and/or inaccurate or incomplete information.

The Credit Union is not liable for any damages you incur:

If the estimated time to allow for delivery to the payee is inaccurate;
If you provide incomplete or incorrect payee information;
Due to delays in mailing delivery;
Due to changes of merchant address or account number;
Due to the failure of any merchant to account correctly for the payment in a timely manner, or;
For any other circumstance beyond the control of the Credit Union.

You should be aware that in order to provide this service to you, the Credit Union must rely upon the hardware and software of other providers, and the Credit Union is not responsible for any loss, including but not limited to any direct, indirect, incidental, special or consequential damages, as a result of any failure on the part of such third party providers unless said failure is caused by the fault of the Credit Union or unless the Credit Union shall recover from said third party provider for any such damages in which case the Credit Union's liability to you shall be limited to an amount equal to your pro rata share of any such recovery after payment of any expenses, including attorney's fees, incurred by the Credit Union in making such recovery.

Right to Impress a Lien

The Credit Union shall have a lien or the right to impress a lien on your shares and deposits for sums due the Credit Union. Such a right will not apply to shares or deposits held pursuant to Individual Retirement Accounts, self-employed plans under the Internal Revenue Code, or any other deposits for which lien rights would disqualify said deposits from special benefits or preferences provided under the Internal Revenue code.

Stop Payments

Stop Payments may only be requested on or after the date funds are withdrawn from your share draft account and prior to disbursement to “Payee”. A stop pay fee will be deducted from your account for each stop payment request. To request stop payments contact Member Service at 1-888-527-4993 between 7:30 a.m. and 2:30 a.m. Eastern Standard Time Monday through Friday.

Check Copies

For copies of processed checks, contact Member Service at 1-888-527-4993 between 7:30 a.m. and 2:30 a.m. Eastern Standard Time Monday through Friday. A check copy fee will be deducted from your account for each copy requested.

General Disclaimer

Afena Federal Credit Union hereby disclaims any warranties, endorsement or representations, express or implied, related to any product, service, advertisement or other information contained herein. This includes any content contained, distributed, linked or downloaded from the site. Any products or services from this site are to be used at your own risk, with no obligations or liabilities by Afena Federal Credit Union. It will be within the sole discretion of Afena Federal Credit Union to correct any errors or to omit any portion of the services, products or materials contained herein.

This Agreement, any separate instructions, and the applicable fees and charges may be amended by the Credit Union in the future. In the event of amendment, the Credit Union shall send notice to you either by mail to your last known address or transmit such notice of the amendment over the Afena CUonline service. Your use of the Afena CUonline service following the receipt of such notice constitutes acceptance of such amendment.

You agree to be bound by and comply with applicable state and federal laws and regulations. These terms and conditions shall be governed by and construed with the laws of the state of Indiana.

Transaction Modes and Process Dates

Payments from your credit union checking account(s) may be established as either "single" or as "recurring" payments. All payments are made as single payments unless designated as recurring monthly payments.

The Bill Paying Process

Single Payments - a single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by Afena FCU is currently 3:00 p.m. Eastern Standard Time.

A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s processing date, the payment will be processed on the first business day following the designated processing date.

Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:

If the recurring payment‘s “Pay Before” option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
If the recurring payment’s “Pay After” option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.

Single and Recurring Payments

The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your “Payees”.

Available Funds

If the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this agreement.

We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve for the account.

For questions regarding payments that are processed, contact Member Service between 7:30 a.m. and 2:00 a.m. Eastern Standard Time Monday through Friday.

Termination

If you cancel your Afena CUonline Bill Pay subscription, then you agree to notify us at that time. CUonline Bill Pay service may be cancelled at any time by written request to the Credit Union. The request must include your name, address, social security number, Bill Pay ID number, signature and date. You will cancel all outstanding payment orders before notifying us to terminate this service.

Afena FCU has the right to terminate this agreement at any time. Afena FCU is not responsible for all payment instructions made prior to termination and any fixed payment made before Afena FCU has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by Afena FCU on your behalf and for all other applicable charges and fees.

Transfers

We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize. We will not process any bill payment transfer if the required transaction information is incomplete.

We will withdraw the designated funds from your checking account for bill payment transfer by the designated cut-off time on the date you schedule for processing. We will process your bill payment transfer within the designated number of days before the date you are scheduled for payment. You must allow sufficient time for vendors to process you payment after they receive a transfer from us.

Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

Your Liability

You are solely responsible for controlling the safekeeping of and access to your CUonline User Name and Password.
You are responsible for ensuring the accuracy of your email address in the CUonline system for communication and notices from Afena FCU concerning your CUonline account, the status of your transactions or any fees that may be charged.
If you want to terminate another person's authority to use the Bill Pay service , you must notify Afena FCU and arrange to change your CUonline User Name and/or Password.
You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. Afena FCU is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.
Afena FCU is not liable for any failure to make a bill payment if you fail to promptly notify Afena FCU after you learn that you have not received credit from a “Payee” for a bill payment.
Afena FCU is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Afena FCU's agent.

Other Terms and Conditions

An unlimited number of bill payments are allowed per day.

Afena CUonline may be temporarily unavailable due to Credit Union record updating or technical difficulties. You authorize Afena Federal Credit Union to charge your designated account(s) for any transactions accomplished through the use of Afena CUonline and/or its Bill Pay service, including any recurring payment that you make, and you further authorize the Credit Union to charge for this Bill Pay service.

You regard requests for new account services, instructions to change existing account information or services, and other communication received via Afena Online as legal endorsements. As such, all correspondence initiated via Afena Online shall command the legal authority of a written request authorized by your signature.

Afena FCU has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on the Afena FCU's records, by posting notice in branches of Afena FCU, online, or as otherwise permitted by law.

I CHOOSE TO PAY BILLS THROUGH AFENA CUONLINE BILL PAY

In the event the funds are not available in my account on the processing date, I may be charged a Non-Sufficient Funds (NSF) fee. I understand all fees are subject to change following notice to me. I agree to comply with the terms and conditions. I accept liability for all transactions made by myself, joint owners or anyone else to whom I might give the security code. I understand that withdrawals and transfers may affect the dividend and interest earned on my account.

When using the CUonline Bill Pay option, I authorize Afena Federal Credit Union to post payment transactions generated to the account(s) indicated. I am in full control of my account and if at any time I decide to discontinue this service, I must provide the Credit Union with written notice. My use of the CUonline Bill Pay Service signifies that I have accepted all of the terms and conditions of this service. I understand that payments, once processed, may take up to five (5) days by check or three (3) days by ACH to reach the vendor. Afena Federal Credit Union is not liable for failure of payments to reach their destination or any service fees or late charges levied against me.