TERMS & CONDITIONS DISCLOSURE STATEMENT
Important Account Disclosure Information
You must read the following important disclosure statement and be a Pagoda FCU member
before applying for Pagoda-Billpay access.
**********************************************************************
PAGODA FEDERAL CREDIT UNION BILL PAYMENT SERVICES
CONSUMER AGREEMENT AND DISCLOSE
Electronic Disclosures: You agree to receive this agreement and Initial Disclousure
electronically. After you have carefully read this Agreement in its entirety, you will be
askied to consent to the terms and conditions of this Agreement. We suggest that you print
a copy of this Agreement for future reference.
1. Definition. As used in this Agreement, Account(s) refers to your share draft/checking
account you have with the credit union. Agreement refers to the Member Services
Agreement containing the terms and conditions governing your Accounts; Billing Account
mean 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; Designated Bill Paying Account(s) means the designated checking accoun
(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);
Financial Software means Home Financial network program (HomeATM); the Service(s)
refers to collectively, any or all of MYCU whichh allows you to access account and
transaction information, transfer fund, and pay bills on a personal computer through the
Financial Software; Software License Agreement(s) means the Software License agreements
governing your use of the Financial Software; we, us or our refers to the credit union and
any agent, independent contractor, designee or assignee that we may, in our sole
discretion, involve in the provision of the Service; you or your refers to the person(s)
subscribing to or using the Service.
2. Applicability> This Agreement an Initial Disclosures (the "Agreement") between you and
us governs your use of the Service for consumer purposes. By subscribing to the Service or
using the Service, you agree to the terms of this Agreement. Please read this Agreement
carefully and in its entirety. We suggest that you print a copy of this Agreement.
3. The Service. You may use a personal computer ("PC") to electronically direct us to make
payments from your Designated Bill Paying Account(s) to third parties ("Payees") whom you
have selected in advance to receive payments. Not all credit union accounts are eligible for
electronic transfers using the Service.
4. Software and Equipment Requirements. You may access the Home ATM software via the
Internet. From time to time, there may be upgrades in the Home ATM software. If there is a
cost for the new release, a written notice will be provided in advance of any fee that is
payable. If required, you must meet the minimum requirements set forth in the Getting
Started Guide or Online Help. The credit union may change these requirements from time to
time. If any of these requirements change, the credit union will provide you with advance
notice of the change.
5. Your User ID and Password. You will be assigned a personal User ID and a Password,
Which you will use to obtain access to your Account(s) at the credit union. 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 money in your Account(s) and
to access information about this 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 you 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 User ID or any
other personalization of your Account(s).
6. 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 ot access your Designated Bill Paying Account and other Accounts. If someone to
whom you have granted authority to use you User ID and Password exceeds such authority,
you are fully liable for all transfers and 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 use your User ID an dPassword without
your authorization.
7. 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 services, 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, family, or friends for non-business purposes. Payments may be made only to
payees with a U.S. payment address. You may not make a payment of alimony, child
support, taxes, or other governmental fees or court-ordered payments through the Service.
8. Your Payee List. You must provide sufficient information about each payee ('Payee
Information") as we may request from time to time, to properly direct a payment to that
payee and permit the payee to identify the correct account ("Payee Account") to credit your
payment. This information my include, among other things, 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 directly on your PC. Additions, deletions and
midifications to Payee Information are entered directly on you PC.
9. Scheduling Bill Payments. To electronically schedule a payment with your PC, follow the
simple instructions on the Online Help file. Payments may range in amounts form $1.00 up
to $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.
10. Processing/Delivery of You Bill Payments. You may schedule payment to be processed
on the day that you schedule a bill payment, on a future date, on the same date each
monthly , 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 Debit
Date"). Althought you may schedule bill payments by using th e Service twenty-four hours a
day, seven days a week, payments can be processed only on Business Days, subject to
system availabilty. If the, Account Debit Date falls on a weekend or holiday; your payment
will be processed on the next 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 Debit Date. In order to allow sufficient time
for your payees to receive and post your payments, you must instruct us to process the
payment at least (5) Business Days prior to the date your payment is due excluding any
applicable grace periods (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 at least five
Business Days prior to the Due Date. It is helpful if you allow additional time for a payment
to be processed the first time you schedule a payment to a payee using the Service. This
allows the payee to adjust to the new form of payment. Accordingly, your first payment to a
payee must be scheduled to be processed at least tem (10) Business Days prior to the Due
Date. The Account Debit Date will automatically be displayed on your computer screen.
11. How Bill Payment are made. We may remit your payments by mailing your payee a
paper check, by electronic funds transfer, or by other means. Payees who receive electronic
delivery of payments will receive your payment information by computer link. Electronic
payments are generallly received and credited by most payees within two (2) Business
Days after we have processed the payment. We may also send payments by a draft drawn
on an account we maintain for this purpose. We send all checks through the United States
mail. Payments maide with a paper draft are generally received and credited by most
payees within five to seven Business Days after we have processed the payment. 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; and we
will send you a notice of this.
12. Same Day Bill Payments. You may schedule a bill payment to be processed on the same
day that your scheduled the payment if we receive instructions beofr 5:00 a.m. Eastern
Time, USA, on a Business Day("Same Day Payment").
13. Future Bill Payments. You may scheduel a payment to be processed on any future
Business Day within one year from the date you scheduled the payment ("Future Payment").
14. Recurring Bill Payments. You may scheduel payments to be automatically processed in
a fixed amount on the dame 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 monthl. For example, if you scheduled a payment for the 30th of
each month, your payment for the month of February will be processed on or before the
28th of February. If the Recurring PAyment Date falls on a day other than a Business Day in
any month, your payment will be processed (i.e., the payment will be deducted from your
Designated Bill PAyment Account) the provious Business Day. For example, if you schedule
a Recurring PAyment to be processed on the fifth of each monthl, on August 5th is a
Saturday, your payment for August will be processed on August 4.
15. Guarantee for Bill Payments. We will reimbuse 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.
1. You must properly schedule the payment to be processed at least five Business Days
prior to the Due Date. For Same Day Payments, this means that you must schedule your
payments to be processed before 5:00 a.m. Eastern Time, USA, on a Business Day at least
five Business Days prior to the Due Date. Mortgage payments differ from other Recurring
Payments in the following manner: if your mortgage payment is due on the first of each
month with a fifteen day grace period, then you must schedule your mortgage payment to
be processed on or before the third calendar day of each month, or the payment guarantee
will not apply.
2. You must provide us with the correct payee name, address, Due Date, account
information and the correct payment amount.
3. Your Designated Bill Paying Account, including any overdraft protection, must contain
sufficient funds to complete the payment or transfer on the Account Debit Date.
4. The payment must be made to a business.
5. The late payment fee or penalty or the method of calculation mut be published by the
payee prior to the Due Date.
6. Your PC hardware, software, telephone line, and internet service provider, if applicable,
must be functioning properly.
16. Stopping or Modifying Bill Payments. You may use your PC to electronically change both
the payment amount and the Delivery Date of any scheduled Recurring Payments at any
time prior to 5:00 a.m. Eastern Time, USA, on the Account Debit Date. You may also delete
any single payment or recurring payment at any time prior to 5:00 a.m., Eastern Time,
USA, on the the Account Debit Date. You may also stop any payment by calling us in time
for us to receive ;your requirest three Business Days or more before the Account Debit
Date. If you call, we may also require you to put your request in writing and send it to us
within fourteen days after you call.
17. Liability for Failure to Stop Payment. If you order us to stop one of these Recurring
Payments three Business Days or more before the Account Debit Date, and we do not do
so, we will be liable fo your direct losses or damages but not for indirect, special, or
consequential damages. You agree to assign to us any claim you have against the party
who received payment and to cooperate with us in recovering the incorrect payment.
18. Reviewing Payments. For customers using the Home ATM Software, records of past
payments and payments scheduled for the future are stored at the Internet Site. The
number of records that can be stored depends on the amount of the available space on the
system.
19. 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 ou payment cut-off
off period, we will investigate the status of the check. If the payee cannot be reched, or the
payment is to an individual and the check has not been presented for payment by sixty
days after the Account Debit Date, we may place a stop payment order on the check and
credit your account accordingly.
20. Documentation. All of your payments and funds transfers made through the Service will
appear on your periodic account statement. The payee name, payment amount and Account
Debit Date will be reflected for each payment made through the service.
21. Fees. There is $4.95 monthly charge for this service. This fee includes unlimited
payments. The total amount of your monthly fee will be deducted from your share draft
checking account on the fifth business day of each month. Additional fees include a $35.00
insufficient funds fee if there are not enough funds available to cover the requested bill
payment. There is a $20.00 stop payment fee if you wish to stop a bill payment request and
there is a $5.00 charge for a copy of a cleared bill payment check. There is also a $10.00
return fee if the merchant returns your payment due to wrong information that you
provided. Changes may be made from time to time and we will give you prior notice either
in writing or electronically.
Rush Payment Fees: Next Business Day (Overnight) Rush Check Payment $34.95.
Second-Day Rush Check Payment $29.95
Second-Day Electronic Delivery (Economy) $6.95
22. Termination. You may terminate your use of the Service at any time by writing to us.
You must notify us at least ten days prior to the date on which you wish to have your
Service terminated. We may require that you put your requiest in writing. If you have
scheduled payments with a Account Debit Date within this ten day period, you also must
separately cancel those payments pursuant to paragraph 14 of this Agreement. If we have
not completed processing your termination requiest and you have not otherwise cancelled a
payment, you will be responsible for payments with Account Debit Dates during the ten 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 you do not pay any required fee when due, if
you do not comply with the terms of this Agreement, or the agreements governing you
Accounts, or if your Designated Bill Account or Billing Account is not maintained in good
standing, and not 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 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 a local branch
or call.
23.1. 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 hours a day,
seven days a week, except during maintenance periods, for the scheduling, modification or
review of payment orders, and for funds transfers and balance inquiries, however, bill
payments can be processed only on a Business Day.
24. Confidentiality. We will disclose information to third parties about your Account 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 interest of the bank 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.
25. 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 down. You could
lose all the money in your account plus your maximum overdraft line of credit. If your
believe your User ID and Password has been lost or stolen, and you tell us within two
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 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 without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not
tell us within sixty days after the statement was mailed to you, you may not get back any
money you lost after sixty days if we can prove that we could have stopped someone from
taking the money if you had told us in time. If a good reason such as a long trip or hospital
stay kept you from telling us, we will extend the time periods.
26. Contact in Event of Unauthorized Transfer. If you believe your User ID and Password
has been lost or stolen, or that someone to whom you have granted authority to us your
User ID and Password has exceeded such authority, or that someone has transferred or
may transfer money from your Account(s) without your permission, call us immediately at
610-373-3840
or write:
Pagoda Federal Credit Union
833 Washington Street
Reading, PA 19601
or email:
pagodafcu@pagodafcu.org
27. Liability for Transfer. If we do not complete a transfer to or from your Account on time
or in the correct amount according to our agreement with you, we will be liable for your
direct losses or damages. This liability is in addition to the payment guarantee for bill
payments. However, there are some exceptions. We will not be liable, for instance:
(a) if, through no fault of ours, you do not have enough money in your Account to make the
transfer or payment;
(b) if the transfer or payment would go over the credit limit on your overdraft line;
(c) if the funds in your Account subject to legal process or other encumbrances restricting
such transfer;
(d) if the Service or your personal computer or modem is not working properly and you
know about the malfunction when you started the transfer or payment;
(e) the Payee Information necessary to complete the payment is not provided to us and/or
the host has been lost;
(f) a payee mishandles or causes delays in handling payments sent by us;
(g) you have not provided us with the correct payee name, address, account information, or
payment amount;
(h) circumstances beyond our control prevent the proper completion of the transaction
despite reasonable precautions by us to avoid these circumstances. Such circumstances
include, but are not limited to, fire, flood, delay in U.S. mail, interruption in your electrical
power of telephone, the disconnecting of your telephone line by your local telephone
company or from dificiencies in your line quality, or any defect or malfunction of your PC,
operating software, modem, or telephone line, including the failure of your hardware and
operating software to be year 2000 ready; or the failure of any third party software to be
Year 2000 ready. Year 2000 ready means the ability to process dates before, during and
after the Year 2000 without malfunction.
(i) for an indirect, special or consequential damages you may incur.
28. 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 of arising in any way out of the
maintenance of the maintenance of the Financial Software, 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 dificiencies in your line
quality, the failure or unavailability or internet access; problems with internet service
providers, any defect or malfunction of your PC, modem, or telephone line, including the
failure of your hardware and operating software to be year 2000 ready; or the failure of any
third party software to be Year 2000 ready. Year 2000 ready means the ability to process
dates before, during and after the Year 2000 without malfunction. We are not responsible
for any services relating to your PC other than those specified in this Agreement.
CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING
THE SERVICE, 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, UNLISS DISCLAIMING SUCH WARRANTY IS
PROHIBITED BY LAW.
29. Entire Agreement. This Agreement, together with the Getting Started Guide, our fee
statement and Reg. E disclosure, which are incorporated herein by reference, constitutes
the complete and exclusive agreement related to the Service, and supplements the Member
Services Agreement and any other agreement or disclosure related to your Designated Bill
Paying Account or other Accounts. In the event of a conflict between this Agreement and
any other agreement or disclosure related to your Accounts or any statement by our
employees or agents, this Agreement shall control, only as to electronic fund transfers
conducted by using this Service.
30. Waivers. No delay or omission by us in exercising any rights or be construed as a
waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall
not preclude further exercise or the exercise of any other right or remedy. No waiver shall
be valid unless in writing and signed by us.
31 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.
32. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of Pennsylvania without regard to that state’s conflict of laws provision.
33. Amendments. We may amend or change any of the terms and conditions of this
Agreement at any time upon reasonable written notice (including electronic communication)
to you prior to the effective date of any change or amendment. If you do not agree to the
change or amendment, your 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.
34. 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.
Important Account Disclosure Information
You must read the following important disclosure statement and be a Pagoda FCU member
before applying for Pagoda-Billpay access.
**********************************************************************
PAGODA FEDERAL CREDIT UNION BILL PAYMENT SERVICES
CONSUMER AGREEMENT AND DISCLOSE
Electronic Disclosures: You agree to receive this agreement and Initial Disclousure
electronically. After you have carefully read this Agreement in its entirety, you will be
askied to consent to the terms and conditions of this Agreement. We suggest that you print
a copy of this Agreement for future reference.
1. Definition. As used in this Agreement, Account(s) refers to your share draft/checking
account you have with the credit union. Agreement refers to the Member Services
Agreement containing the terms and conditions governing your Accounts; Billing Account
mean 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; Designated Bill Paying Account(s) means the designated checking accoun
(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);
Financial Software means Home Financial network program (HomeATM); the Service(s)
refers to collectively, any or all of MYCU whichh allows you to access account and
transaction information, transfer fund, and pay bills on a personal computer through the
Financial Software; Software License Agreement(s) means the Software License agreements
governing your use of the Financial Software; we, us or our refers to the credit union and
any agent, independent contractor, designee or assignee that we may, in our sole
discretion, involve in the provision of the Service; you or your refers to the person(s)
subscribing to or using the Service.
2. Applicability> This Agreement an Initial Disclosures (the "Agreement") between you and
us governs your use of the Service for consumer purposes. By subscribing to the Service or
using the Service, you agree to the terms of this Agreement. Please read this Agreement
carefully and in its entirety. We suggest that you print a copy of this Agreement.
3. The Service. You may use a personal computer ("PC") to electronically direct us to make
payments from your Designated Bill Paying Account(s) to third parties ("Payees") whom you
have selected in advance to receive payments. Not all credit union accounts are eligible for
electronic transfers using the Service.
4. Software and Equipment Requirements. You may access the Home ATM software via the
Internet. From time to time, there may be upgrades in the Home ATM software. If there is a
cost for the new release, a written notice will be provided in advance of any fee that is
payable. If required, you must meet the minimum requirements set forth in the Getting
Started Guide or Online Help. The credit union may change these requirements from time to
time. If any of these requirements change, the credit union will provide you with advance
notice of the change.
5. Your User ID and Password. You will be assigned a personal User ID and a Password,
Which you will use to obtain access to your Account(s) at the credit union. 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 money in your Account(s) and
to access information about this 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 you 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 User ID or any
other personalization of your Account(s).
6. 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 ot access your Designated Bill Paying Account and other Accounts. If someone to
whom you have granted authority to use you User ID and Password exceeds such authority,
you are fully liable for all transfers and 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 use your User ID an dPassword without
your authorization.
7. 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 services, 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, family, or friends for non-business purposes. Payments may be made only to
payees with a U.S. payment address. You may not make a payment of alimony, child
support, taxes, or other governmental fees or court-ordered payments through the Service.
8. Your Payee List. You must provide sufficient information about each payee ('Payee
Information") as we may request from time to time, to properly direct a payment to that
payee and permit the payee to identify the correct account ("Payee Account") to credit your
payment. This information my include, among other things, 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 directly on your PC. Additions, deletions and
midifications to Payee Information are entered directly on you PC.
9. Scheduling Bill Payments. To electronically schedule a payment with your PC, follow the
simple instructions on the Online Help file. Payments may range in amounts form $1.00 up
to $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.
10. Processing/Delivery of You Bill Payments. You may schedule payment to be processed
on the day that you schedule a bill payment, on a future date, on the same date each
monthly , 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 Debit
Date"). Althought you may schedule bill payments by using th e Service twenty-four hours a
day, seven days a week, payments can be processed only on Business Days, subject to
system availabilty. If the, Account Debit Date falls on a weekend or holiday; your payment
will be processed on the next 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 Debit Date. In order to allow sufficient time
for your payees to receive and post your payments, you must instruct us to process the
payment at least (5) Business Days prior to the date your payment is due excluding any
applicable grace periods (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 at least five
Business Days prior to the Due Date. It is helpful if you allow additional time for a payment
to be processed the first time you schedule a payment to a payee using the Service. This
allows the payee to adjust to the new form of payment. Accordingly, your first payment to a
payee must be scheduled to be processed at least tem (10) Business Days prior to the Due
Date. The Account Debit Date will automatically be displayed on your computer screen.
11. How Bill Payment are made. We may remit your payments by mailing your payee a
paper check, by electronic funds transfer, or by other means. Payees who receive electronic
delivery of payments will receive your payment information by computer link. Electronic
payments are generallly received and credited by most payees within two (2) Business
Days after we have processed the payment. We may also send payments by a draft drawn
on an account we maintain for this purpose. We send all checks through the United States
mail. Payments maide with a paper draft are generally received and credited by most
payees within five to seven Business Days after we have processed the payment. 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; and we
will send you a notice of this.
12. Same Day Bill Payments. You may schedule a bill payment to be processed on the same
day that your scheduled the payment if we receive instructions beofr 5:00 a.m. Eastern
Time, USA, on a Business Day("Same Day Payment").
13. Future Bill Payments. You may scheduel a payment to be processed on any future
Business Day within one year from the date you scheduled the payment ("Future Payment").
14. Recurring Bill Payments. You may scheduel payments to be automatically processed in
a fixed amount on the dame 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 monthl. For example, if you scheduled a payment for the 30th of
each month, your payment for the month of February will be processed on or before the
28th of February. If the Recurring PAyment Date falls on a day other than a Business Day in
any month, your payment will be processed (i.e., the payment will be deducted from your
Designated Bill PAyment Account) the provious Business Day. For example, if you schedule
a Recurring PAyment to be processed on the fifth of each monthl, on August 5th is a
Saturday, your payment for August will be processed on August 4.
15. Guarantee for Bill Payments. We will reimbuse 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.
1. You must properly schedule the payment to be processed at least five Business Days
prior to the Due Date. For Same Day Payments, this means that you must schedule your
payments to be processed before 5:00 a.m. Eastern Time, USA, on a Business Day at least
five Business Days prior to the Due Date. Mortgage payments differ from other Recurring
Payments in the following manner: if your mortgage payment is due on the first of each
month with a fifteen day grace period, then you must schedule your mortgage payment to
be processed on or before the third calendar day of each month, or the payment guarantee
will not apply.
2. You must provide us with the correct payee name, address, Due Date, account
information and the correct payment amount.
3. Your Designated Bill Paying Account, including any overdraft protection, must contain
sufficient funds to complete the payment or transfer on the Account Debit Date.
4. The payment must be made to a business.
5. The late payment fee or penalty or the method of calculation mut be published by the
payee prior to the Due Date.
6. Your PC hardware, software, telephone line, and internet service provider, if applicable,
must be functioning properly.
16. Stopping or Modifying Bill Payments. You may use your PC to electronically change both
the payment amount and the Delivery Date of any scheduled Recurring Payments at any
time prior to 5:00 a.m. Eastern Time, USA, on the Account Debit Date. You may also delete
any single payment or recurring payment at any time prior to 5:00 a.m., Eastern Time,
USA, on the the Account Debit Date. You may also stop any payment by calling us in time
for us to receive ;your requirest three Business Days or more before the Account Debit
Date. If you call, we may also require you to put your request in writing and send it to us
within fourteen days after you call.
17. Liability for Failure to Stop Payment. If you order us to stop one of these Recurring
Payments three Business Days or more before the Account Debit Date, and we do not do
so, we will be liable fo your direct losses or damages but not for indirect, special, or
consequential damages. You agree to assign to us any claim you have against the party
who received payment and to cooperate with us in recovering the incorrect payment.
18. Reviewing Payments. For customers using the Home ATM Software, records of past
payments and payments scheduled for the future are stored at the Internet Site. The
number of records that can be stored depends on the amount of the available space on the
system.
19. 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 ou payment cut-off
off period, we will investigate the status of the check. If the payee cannot be reched, or the
payment is to an individual and the check has not been presented for payment by sixty
days after the Account Debit Date, we may place a stop payment order on the check and
credit your account accordingly.
20. Documentation. All of your payments and funds transfers made through the Service will
appear on your periodic account statement. The payee name, payment amount and Account
Debit Date will be reflected for each payment made through the service.
21. Fees. There is $4.95 monthly charge for this service. This fee includes unlimited
payments. The total amount of your monthly fee will be deducted from your share draft
checking account on the fifth business day of each month. Additional fees include a $35.00
insufficient funds fee if there are not enough funds available to cover the requested bill
payment. There is a $20.00 stop payment fee if you wish to stop a bill payment request and
there is a $5.00 charge for a copy of a cleared bill payment check. There is also a $10.00
return fee if the merchant returns your payment due to wrong information that you
provided. Changes may be made from time to time and we will give you prior notice either
in writing or electronically.
Rush Payment Fees: Next Business Day (Overnight) Rush Check Payment $34.95.
Second-Day Rush Check Payment $29.95
Second-Day Electronic Delivery (Economy) $6.95
22. Termination. You may terminate your use of the Service at any time by writing to us.
You must notify us at least ten days prior to the date on which you wish to have your
Service terminated. We may require that you put your requiest in writing. If you have
scheduled payments with a Account Debit Date within this ten day period, you also must
separately cancel those payments pursuant to paragraph 14 of this Agreement. If we have
not completed processing your termination requiest and you have not otherwise cancelled a
payment, you will be responsible for payments with Account Debit Dates during the ten 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 you do not pay any required fee when due, if
you do not comply with the terms of this Agreement, or the agreements governing you
Accounts, or if your Designated Bill Account or Billing Account is not maintained in good
standing, and not 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 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 a local branch
or call.
23.1. 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 hours a day,
seven days a week, except during maintenance periods, for the scheduling, modification or
review of payment orders, and for funds transfers and balance inquiries, however, bill
payments can be processed only on a Business Day.
24. Confidentiality. We will disclose information to third parties about your Account 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 interest of the bank 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.
25. 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 down. You could
lose all the money in your account plus your maximum overdraft line of credit. If your
believe your User ID and Password has been lost or stolen, and you tell us within two
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 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 without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not
tell us within sixty days after the statement was mailed to you, you may not get back any
money you lost after sixty days if we can prove that we could have stopped someone from
taking the money if you had told us in time. If a good reason such as a long trip or hospital
stay kept you from telling us, we will extend the time periods.
26. Contact in Event of Unauthorized Transfer. If you believe your User ID and Password
has been lost or stolen, or that someone to whom you have granted authority to us your
User ID and Password has exceeded such authority, or that someone has transferred or
may transfer money from your Account(s) without your permission, call us immediately at
610-373-3840
or write:
Pagoda Federal Credit Union
833 Washington Street
Reading, PA 19601
or email:
pagodafcu@pagodafcu.org
27. Liability for Transfer. If we do not complete a transfer to or from your Account on time
or in the correct amount according to our agreement with you, we will be liable for your
direct losses or damages. This liability is in addition to the payment guarantee for bill
payments. However, there are some exceptions. We will not be liable, for instance:
(a) if, through no fault of ours, you do not have enough money in your Account to make the
transfer or payment;
(b) if the transfer or payment would go over the credit limit on your overdraft line;
(c) if the funds in your Account subject to legal process or other encumbrances restricting
such transfer;
(d) if the Service or your personal computer or modem is not working properly and you
know about the malfunction when you started the transfer or payment;
(e) the Payee Information necessary to complete the payment is not provided to us and/or
the host has been lost;
(f) a payee mishandles or causes delays in handling payments sent by us;
(g) you have not provided us with the correct payee name, address, account information, or
payment amount;
(h) circumstances beyond our control prevent the proper completion of the transaction
despite reasonable precautions by us to avoid these circumstances. Such circumstances
include, but are not limited to, fire, flood, delay in U.S. mail, interruption in your electrical
power of telephone, the disconnecting of your telephone line by your local telephone
company or from dificiencies in your line quality, or any defect or malfunction of your PC,
operating software, modem, or telephone line, including the failure of your hardware and
operating software to be year 2000 ready; or the failure of any third party software to be
Year 2000 ready. Year 2000 ready means the ability to process dates before, during and
after the Year 2000 without malfunction.
(i) for an indirect, special or consequential damages you may incur.
28. 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 of arising in any way out of the
maintenance of the maintenance of the Financial Software, 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 dificiencies in your line
quality, the failure or unavailability or internet access; problems with internet service
providers, any defect or malfunction of your PC, modem, or telephone line, including the
failure of your hardware and operating software to be year 2000 ready; or the failure of any
third party software to be Year 2000 ready. Year 2000 ready means the ability to process
dates before, during and after the Year 2000 without malfunction. We are not responsible
for any services relating to your PC other than those specified in this Agreement.
CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING
THE SERVICE, 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, UNLISS DISCLAIMING SUCH WARRANTY IS
PROHIBITED BY LAW.
29. Entire Agreement. This Agreement, together with the Getting Started Guide, our fee
statement and Reg. E disclosure, which are incorporated herein by reference, constitutes
the complete and exclusive agreement related to the Service, and supplements the Member
Services Agreement and any other agreement or disclosure related to your Designated Bill
Paying Account or other Accounts. In the event of a conflict between this Agreement and
any other agreement or disclosure related to your Accounts or any statement by our
employees or agents, this Agreement shall control, only as to electronic fund transfers
conducted by using this Service.
30. Waivers. No delay or omission by us in exercising any rights or be construed as a
waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall
not preclude further exercise or the exercise of any other right or remedy. No waiver shall
be valid unless in writing and signed by us.
31 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.
32. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of Pennsylvania without regard to that state’s conflict of laws provision.
33. Amendments. We may amend or change any of the terms and conditions of this
Agreement at any time upon reasonable written notice (including electronic communication)
to you prior to the effective date of any change or amendment. If you do not agree to the
change or amendment, your 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.
34. 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.