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Bank of Commerce
Bill Payment Service Agreement
This Bill Payment Service Agreement ("Agreement") describes the conditions for the Bill Payment Service ("Bill Payment") enabling your performance of transactions as described in this Agreement. When you or an Authorized Person uses Bill Payments, you agree to be bound by the terms of this Agreement. All terms and conditions in this Agreement are in addition to any other agreement(s) between the parties. If there is a conflict in the terms and conditions of this Agreement with any other agreement between the parties, the other agreement shall control.
1. Definitions
"Authorized User" means any customer approved for use on any account requiring only a single signature. This does not exclude commercial accounts; however, commercial users should carefully guard against unauthorized use.
"We", "us", "our" mean, collectively, Bank of Commerce, its affiliates, subsidiaries and all of their respective successors or assigns.
"You" and "your"mean each Authorized Person who has an interest in an account accessible through Bill Payment. If "you" is multiple people then the obligations and agreements are joint and several wherever appropriate.
"Payee" means anyone, including the Financial Institution, that you designate to pay and the Financial Institution accepts as a payee.
2. User ID and Password
Each individual who has access to Bill Payment, including each individual named on joint accounts, must designate a User ID and Personal Identification Number ("Password"). This information will be completed upon initial enrollment.
While your User ID can remain unchanged, you will be prompted every 60 days to change your Password.
User ID must be 8-20 characters in length with both alpha and numeric characters.
Password must be 8-20 characters in length and contain 3 of the following 4 parameters (upper case character, lower case character, number, and special character). The password may not include more than two consecutive identical characters or numbers.
User ID and Password cannot be the same.
For additional security a Security Key will be established during enrollment. The security key will appear each time the user is prompted for a password. If the security key is incorrect do not put in your password. Try relaunching or contact the support phone number listed on the site.
There are a series of 4 security questions you will establish during enrollment. These questions will be used during high risk transactions such as, transfers outside the bank, pay to person, and large dollar payments.
You are responsible for keeping your User ID, Password, Security Key, and security questions confidential.
In order to protect yourself against fraud, you should adhere to the following guidelines.
- Do not give out your account information, User ID, Password, Security Key, or security questions;
- Do not leave your PC unattended while you are signed onto the Bill Payment site;
- Do not allow your Internet browser to store your Bill Payment User ID or Password;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) via any public or general e-mail system.
- Keep PC operating system current by installing regular updates.
- Keep security software (i.e. Anti-Virus and Anti-Spyware) current and operating properly on your PC.
No Bank employee, nor company affiliated with the Bank, will contact you via email, phone or mail requesting your Bill Payment User ID or Password. If you are contacted by anyone requesting this information you should contact us immediately. If you give this information out via email, phone or mail, you should respond as if your password has been lost or stolen.
3. Use
You authorize us to process transactions as allowed under this Agreement on your behalf as you request from time-to-time and post those transactions to your account(s) as you direct.
Payments may be requested one time or on an automatic and recurring basis.
We reserve the right to refuse the designation of a Payee for any reason. If this right is invoked, we will promptly notify you. However, this notification is not required if you attempt to make a Prohibited Payment as described in this Agreement.
4. Withdrawal of Funds
You may select from which of your deposit accounts Bill Payment will withdraw funds. We may assess fees for additional services, such as (1) providing check copies, (2) stop payment orders, and (3) manually issuing check(s) upon your special request.
In the event of cancellation with fees outstanding, you are not released from liability. Any fees and schedules of fees can be obtained by contacting us at (620) 431-1400.
5. Payment Authorization
Your use of Bill Payment indicates your authorization to follow the instructions we receive through Bill Payment under your account. To efficiently process payments, we reserve the ability to modify payment data or methods in accordance with Payee instructions. We will use reasonable efforts to allow funds to arrive at the designated Payee's location as closely as possible to the Scheduled Due Date you designated through Bill Payment. Further, in the event that a payment is returned, you authorize us to credit your account(s) accordingly.
While we use reasonable efforts to make proper and timely payment of all your payments, you agree that we shall incur no liability for any loss or penalty that you incur due to: (1) lack of sufficient funds or any other condition preventing withdrawal of funds from your account(s), (2) failure of Bill Payment to operate properly,(3) Payee's mishandling of payments, (4) your failure to provide either full or truthful information to us or the Payee, (5) failure to properly follow the instructions for making a bill payment, (6) payment request contains an error or is a duplicate of another bill payment, (7) your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and (8) any circumstance beyond our control, including but not limited to acts of God, war, fire, or flood. Provided none of the foregoing eight (8) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Pay From Account or cause funds from your Pay From Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Pay From Account and for directing to the proper Payee any previously misdirected transactions.
6. Payment Scheduling
You are responsible for authorizing bill payments in a manner that will ensure bills are paid on time.
The single payment process day will be calculated by Bill Payment based on your designated due date and the payment method. A recurring payment is automatically rescheduled by Bill Payment based upon your selected frequency,
Bill Payment will calculate the estimated arrival date of your payment. This is only an estimate, so allow ample time for your payments to reach your payees.
All transactions posted after 3:00 P.M. will be on the next business day.
Payments occurring on a weekend or Federal Holiday will be scheduled for the first business day after the weekend or Federal Holiday.
Please be advised that payments will not be processed on the following Federal Holidays:
New Years Day, Labor Day, Martin Luther King Day, Columbus Day, Presidents Day, Veterans? Day, Memorial Day, Thanksgiving, Independence Day, Christmas.
7. Payment Methods
We reserve the right to select the method by which funds are remitted to the Payee(s), electronic or draft check. The date your account(s) will be debited may vary based on payment method.
8. Stop Payment
Our ability to stop a payment depends on the payment method used. After a payment is processed we might not have a reasonable opportunity to stop the payment. If you wish to stop an electronic payment, you should contact the Financial Institution before 11:30 AM the day following the initiated payment. If you wish to stop a draft check, you should contact the Financial Institution prior to the check presentment to complete a stop payment request. You can contact us at 620-431-1400. You acknowledge we have no liability for failing to accommodate a stop payment request. We may also require you to present your request in writing within fourteen days. The charge for each stop payment request will be the current charge for such service as stated in our fee schedule.
9. Prohibited Payments
We cannot schedule bill payments to Payees outside of the United States or any of its territories, any single payment or aggregate payments in a single day greater than $50,000.00, or payments otherwise prohibited by law.
10. Exception Payments
The following payments are prohibited through Bill Payment: (1) tax payments and other governmental fees, (2) court ordered payments, alimony and child support payments, (3) payments to payees outside of the United States, or (4) payments made for any illegal purpose.
11. Statements
Your payments made through Bill Payment will appear on your monthly account statement(s) for the account(s) on which you have drawn the payment.
12. Information Authorization
You authorize us to verify your identity. Bill Payment will be unavailable to you until your identity is verified and all other necessary information is obtained. To resolve any payment-posting issues, you authorize us to gather any and all reasonably necessary financial information from your Payee(s) or financial institution(s) regarding your payment(s).
13. Amendment
The Financial Institution 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 Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law. It is your sole responsibility to review this agreement. By clicking "I Agree" you acknowledge that you have read and agree to the above terms and conditions.
14. Term and Termination
You may terminate this Service by sending us written notification. Such notification must be sent to Bank of Commerce, PO Box 528, Chanute, KS, 66720. You are under no obligation to continue using Bill Payment.
We may terminate your use of Bill Payment, for any reason, upon mailing written notification to the address we currently have on file for you. We are under no obligation to continue providing Bill Payment.
The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.
You remain obligated for any payments made by the Financial Institution on your behalf.
15. Errors or Questions
You may contact us at (620) 431-1400 or (877)548-8590, or write to Bank of Commerce Online Customer Service, PO Box 528, Chanute, KS, 66720, with any questions or concerns regarding Bill Payment.
16. Governing Law and Choice of Venue
This Agreement is governed by all applicable federal law and regulations and the law of the State of Kansas. In addition, Bill Payment is subject to all other bank account terms and policies. The appropriate disclosures and bank terms and conditions are found in the Bank of Commerce Deposit Accounts Terms and Conditions. In the event of a dispute, you agree that any court of general jurisdiction in Kansas shall have personal jurisdiction and venue shall be in Neosho County, Kansas, unless otherwise prohibited by law.
