TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
This Terms and Conditions of the Bill Payment Service (the "Agreement") governs your use of the bill payment service ("Service") and supersedes any prior agreements between you and your Farm Credit Association for the Service. By subscribing to the Service, using the Service, or permitting someone else to use the Service on your behalf, you agree to the terms of this Agreement. The Service allows you to direct us to make payments from one or more eligible Payment Accounts to third-parties (each, a "Biller") in advance.
1. DEFINITIONS. In addition to terms defined above and throughout this Agreement, capitalized terms shall have the following meanings:
a. "Application" means the web-based software that you access to use the Service.
b. "Billing Account" means the account designated by you from which our Service fees and other charges will be debited.
c. "Business Day" means every Monday through Friday, excluding Federal Reserve holidays.
d. "Due Date" means the date reflected on your Biller statement when the payment is due; it is not the late date or grace period.
e. "Farm Credit Association" means your Farm Credit lender.
f. "ISP" means an Internet Service Provider.
g. "Payment Instruction" means the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller Account number, and Scheduled Payment Date).
h. "Payment Account" means any (i) loan account and (ii) credit facility or subfacility, if any, maintained by or available to you and eligible for settlement of Customer's transactions in connection with the Service and any and all funds held account(s), prepayment account(s), future payment account(s), escrow account(s), debt reserve account(s), and cash collateral account(s) from which we may make payments on your behalf.
i. "Scheduled Payment" means a payment that has been scheduled through the Service but has not begun processing.
j. "Scheduled Payment Date" means the day when you want your Biller to receive your payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
k. "Service Provider" means an independent third party with whom we have contracted to provide or perform one or more functions of the Service.
l. "We", "us" or "our" means your Farm Credit Association.
m. "You" or "your" refers to the person or entity subscribing to or the person or entity using the Service.
2. SCOPE OF SERVICES. Except as noted below, you may make payments through the Service to: (a) any person or entity that generates a bill or invoice via U.S. mail or electronic bill for products or services provided to you on your behalf; or (b) to any business, merchant or professional that does not generate a bill or invoice; as well as (c) any individual.
3. TYPES OF PAYMENTS; PAYMENT SCHEDULING
a. The Service supports two types of payment: "Single Payments" and "Recurring Payments". Single Payments are payments for which you enter all required information such as amount and date each time you make a payment. Recurring Payments are payments which once entered will automatically be processed in a fixed amount on a fixed-frequency (e.g., weekly, monthly, etc.) you determine.
b. Single Payments - A single payment will be processed on the Business Day 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 is currently 3 p.m. Central Time. Any 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 Day as the payment's processing date, the payment will be processed on the next Business Day immediately following the designated processing date.
c. Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the Service. 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 Day, it is adjusted based upon the following rules:
i. If the recurring payment's "Pay Before" option is selected, the processing date for the new occurrence of the payment is adjusted to the Business Day immediately prior to the calculated processing date.
ii. 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 Day immediately after the calculated processing date.
d. If the Scheduled Payment Date for a Recurring Payment does not exist in a certain month, or is a non-Business Day, the Scheduled Payment Date will default to the previous Business Day. For example, if you schedule a payment for the 31st of a month, the Scheduled Payment Date for your payment for the month of September (which has only 30 days) will be the 30th of September assuming that it is a Business Day.
e. Payments can only be processed on Business Days. When scheduling a payment, you will select an "Estimated Arrival Date". In certain instances, to provide sufficient time for a payment to be received and processed by the Biller, the Service will calculate the "Estimated Arrival Date" for your payment (typically four (4) Business Days from the current date) when you are scheduling the payment. Please note that the "Estimated Arrival Date" is only an estimate, so please allow ample time for your payments to reach your Biller.
f. You are solely responsible for the accuracy of the Payment Instructions that you enter through the Service. Please review the Application's Help files for detailed information on the steps necessary to schedule payments.
4. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
a. You must provide sufficient information about each Biller ("Biller Information") to properly direct a payment to such Biller and permit the Biller to identify the correct account ("Biller Account") to credit with your payment. This Biller Information, which is subject to change from time to time, may include, but is not limited to, the name and address of the Biller and your Biller Account number and for Billers that provide electronic bills, your service address. We will store Biller Information, Biller Account numbers, and other information related to your use of the Service. Additions, deletions and modifications to Biller Information may be entered directly through the Service.
b. In order to facilitate payments to each Biller, we may modify or delete some or all of the Payee Information you have entered with information provided to us by or on behalf of the Payee. This information may include, but is not limited to, routing information required for electronic payments, payments sent to a centralized address or payments sent without coupons.
c. By providing the Service with Payment Instructions including Biller Information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Application. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.
d. In certain instances, your payment may be sent via draft check when it otherwise would have been eligible for electronic payment. You also authorize the Service to credit your Payment Account for payments returned to the Service, e.g. by the United States Postal Service or Biller, or a payment remitted to you by or on behalf of another user of the Service.
e. If a Biller has been paid but we are unable to debit your Payment Account for any reason (for example, there are insufficient funds or available credit to cover the transaction), the transaction may not be completed. In such case, you agree that you will reimburse the Service immediately upon demand for the transaction that has been returned to the Service for any reason associated with your Payment Account. This may include automatic reversal of any payments made electronically. You also agree that (i) you will reimburse us and the Service for any fees we/it incur as a result of the return, (ii) you will reimburse us and the Service for any fees we/it incurs in attempting to collect the amount of the return from you; and (iii) we and the Service is authorized to report the facts concerning the return to any credit reporting agency.
5. FAILURE TO COMPLETE PAYMENTS
a. You acknowledge and understand that we may provide the Service using one or more Service Providers and that, accordingly, our ability to provide the Service may be contingent upon the continuing availability of certain functions from such Service Providers. You acknowledge that the relationship between us and Service Providers is as independent contractor. We have no right to control or direct the details, manner or means that each Service Provider uses to accomplish the results of the Service performed in connection with this Agreement. Notwithstanding the foregoing, any claims against us (with respect to the acts or omissions of our Service Provider(s) shall be subject to the limitations of liability set forth herein to the same extent as if we had performed that portion of the Service our self. We and our Service Providers shall use commercially reasonable efforts to transmit financial data under its control and required to utilize the Service and to act on Payment Instructions received in connection with the Service in accordance with this Agreement. Customer recognizes that commercially reasonable efforts does not mean error free or uninterrupted.
b. You specifically understand that it will be your responsibility and you will suffer the risk of loss for any payment, if:
1. Through no fault of ours, your payment did not comply with Section 4 of this Agreement;
2. A Biller mishandled or delayed handling payments properly sent by us for any reason;
3. If your Payment Account does not contain sufficient funds to complete the transaction;
4. The Service or your communication line, PC, modem, or ISP was not working properly and you knew about the malfunction when you started the payment;
5. You did not properly initiate a payment or provide us with correct Payment Instructions including but not limited to Payment Account information, Biller Information, Biller Account number, Recurring Payment date, or payment amount;
6. Circumstances beyond our and our Service Provider?s control (such as, but not limited to, earthquakes, fire, flood, act of God, computer failures, electrical outages, governmental restraint, Internet or ISP disruptions, or other interference from a third party or an outside force, or a delay in the transmittal of a payment by mail or otherwise) prevented the proper completion of the payment despite reasonable precautions by us to avoid these circumstances;
7. The funds were subject to legal or other process restricting or delaying such payment;
8. A Biller has failed to make a bill available at all or in a timely manner; or
9. Your Payment Account has been restricted.
10. UNCOMPLETED PAYMENTS. If we make a payment via laser check and the laser check is not presented for payment by your Biller, you are solely responsible for following up with your Biller.
11. PAYMENT METHODS. The Service reserves the right to select the method by which to remit funds on your behalf to your Biller. These payment methods include, but are not limited to, an electronic payment or a laser draft check payment. A laser draft check payment is similar to a personal check and is printed with "Signature on File" in place of your authorized signature. Your Payment Account is debited and the Biller receives funds when the Biller submits the check for deposit. As the laser draft check is similar to a personal check, the Service cannot control presentment of laser draft checks since the Biller can delay cashing a laser draft check.
12. DELETING OR MODIFYING PAYMENTS; STOP PAYMENT REQUESTS. You can delete or modify any Scheduled Payment (including Recurring Payments) by following the Application's instructions. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment it cannot be deleted or modified. A stop payment request may be submitted by contacting us. The initiation by you of certain electronic fund transfers from your Payment Account will effectively eliminate your ability to stop payment of the transfer. If you desire to stop any payment that has already been processed, you must contact your Farm Credit Association. Although we will make every effort to accommodate your request, the Service shall not be liable for failing to do so.
13. PROHIBITED PAYMENTS. Any attempt to make a payment through the Service to Billers located outside of the United States or its territories is prohibited. Each Biller must have valid U.S. mailing addresses we can verify.
14. LEGAL PAYMENTS. The Service is not intended for use to make payments for alimony, child support, any type of insurance, taxes or other governmental fees or court-directed payments ("Legal Payments"). You acknowledge that if you do submit a payment to these restricted vendors through the Service, we will not assume any liability for penalties, cancellation of coverage or any other expense, claim or damage related to nonpayment upon the processing or completion of such a payment. Any such payments are done at your own risk. The Service has no obligation to research or resolve any claim resulting from a Legal Payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
15. Electronic Bill Feature
a. The "Electronic Bill Feature" is for the presentment of electronic bills only and then paying those bills through the Service. It is your sole responsibility to directly contact your Billers if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you agree to the following additional terms and conditions:
b. Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill or personal information. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller when activating the Service for your account, for purposes of the Biller informing you about the Service or bill information.
c. Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. When a Biller sends you your bills electronically, they are received through the Service. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. If you have chosen to get an electronic bill only, that feature may be your only notice that a bill has arrived.
d. Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and the password used for that particular Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
e. Notification - We will use commercially reasonable efforts to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail address listed for your Payment Account. It is your sole responsibility to ensure that this information is and remains accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all of your bills.
f. Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of a Biller. We will notify your electronic Biller(s) if there is a change in status of your account, but it is your sole responsibility to make arrangements for an alternative form of bill delivery. We are not responsible for presenting any electronic bills that are already in process at the time of cancellation.
g. Non-Delivery of electronic bill(s) - You are solely responsible for keeping your email address information within the Service current, receiving your bill and arranging for payment to be made We do not ensure timely receipt of all bills. We will not be responsible for your failure to access the Service or to schedule payment of your electronic or other bills. If we restrict your access to the Service, you are responsible for payment your electronic bills. Copies of previously delivered bills must be requested from the Biller directly.
h. Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). The responsibility of the Service is expressly limited to presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or its detailed information must be directly addressed with the Biller.
i. This Agreement does not alter your liability or any obligations that currently exist between you and your Billers.
16. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE AND/OR ANY SERVICE PROVIDER(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF THE SERVICE.
17. PASSWORD AND SECURITY. To use the Service, you must log in using your username and password. You authorize us to follow any instructions that you have entered through the Service using your username and password. You agree not to give your username or password, or make them available, to any person not authorized to access the Service or information accessible through the Service. No Farm Credit Association employee will ever ask you for your password. If you believe that your password has been lost or stolen or may be used without your permission in connection with the Service, you agree to notify us immediately by calling your Farm Credit Association's office during regular business hours. Telephoning is the best and fastest method to notify us and help minimize your possible losses.
18. STATEMENTS. All payments made through the Service will appear on your periodic Payment Account statement.
19. IN THE CASE OF ERRORS AND QUESTIONS ABOUT YOUR BILL PAYMENTS. In case of errors or questions about your transactions, you should notify us as soon as possible via one of the following methods:
1. Telephone us at your Farm Credit Association office during regular business hours;
2. Contact us by using the Application's e-messaging feature; or
3. Write us a letter addressed to your Farm Credit Association office.
20. DISCLOSURE OF INFORMATION TO THIRD PARTIES. We will not disclose information about you or your Payment Account or use of the Service to any person, organization or agency, except:
1. Where it is necessary for completing payments;
2. To verify the existence and condition of your Payment Account to a third party, such as a credit bureau or Biller;
3. To a consumer reporting agency for research purposes only;
4. To comply with a governmental agency or court orders;
5. If you give us your written permission in writing or by an email message; or
6. For other purposes in accordance with our privacy statement.
21. SERVICE FEES AND CHARGES. Applicable fees will be charged regardless of whether the Service is used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay all fees and charges and authorize us to deduct the same from your designated Billing Account for all amounts and any additional charges that we may incur because of your use of the Service. You are responsible for all telephone access fees or Internet service fees that may be assessed by your telephone or Internet service provider. To use the Service, you must obtain, at your own expense, the necessary hardware and software. Neither we nor any Service Provider are responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service; (ii) the disconnecting of your telephone line by the telephone company or deficiencies in your line quality; (iii) any defect or malfunction of your PC, modem, or telephone line, or (iv) any failure of your ISP or the Internet that results in the interruption of your access to the Service.
22. FAILED OR RETURNED TRANSACTIONS. In using the Service, you are requesting us to make payments from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds or available credit in your Payment Account to cover the transaction), the transaction will not be completed. In such instance, you may receive a return notice from the Service.
23. AGREEMENT MODIFICATION AND AMENDMENT. As a condition to using the Service, you agree to receive all legally required notifications electronically. Unless otherwise required by applicable law, we may modify or amend this Agreement at any time without giving you prior notice. A copy of any modification or amendment will be delivered to you in writing or electronic format. If you do not agree to the modification or amendment, you must notify us prior to the effective date of such modification or amendment and cancel your access to the Service. Use of the Service after such effective date indicates you agreement with such modification or amendment. We have the right to discontinue this Service with notification.
24. ADDRESS OR BANKING CHANGES. It is your sole responsibility to ensure that the contact information in your user profile is complete, current and accurate. This includes, but is not limited to, your name, address, phone numbers and email addresses. Changes can be made either within the Application or by contacting your Farm Credit Association office. Any changes in your Payment Account must also be made in accordance with the procedures outlined within the Application's Help files. All changes are effective immediately for scheduled and future payments paid from any updated Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide and maintain accurate Payment Account or contact information.
25. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
a. Access to the Service is available as long as you maintain your Payment Account(s). The Service will continue to be available to you until you request to deactivate the Service. We reserve the right to restrict your account(s) under certain circumstances which will deactivate the Service from your respective Payment Account. We also reserve the right to refuse to grant you access to the Service, or to suspend or terminate your ability to use the Service at any time, for any reason. In such cases, all pending, future-dated and recurring payments including payments for electronic bills are cancelled and the Service is disabled for access in such account. We will attempt to notify you if the Service is deactivated.
b. In the event you wish to cancel the Service, you may contact customer service via one of the following methods:
1. Telephone us at your Farm Credit Association office during regular business hours;
2. Contact us by using the Service's e-messaging feature; or,
3. Write a letter addressed to your Farm Credit Association.
c. Any payment(s) that the Service has processed before your requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed after the Service is cancelled. We may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
26. BILLER LIMITATION. We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or any Legal Payment.
27. RETURNED PAYMENTS. In using the Service, you understand that a Biller or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; the Biller Account number is not valid; Biller is unable to locate account; or the Biller Account is paid in full. The Service will use commercially reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. In such event, you may receive an e-message notification from the Service.
28. INFORMATION AUTHORIZATION. Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. You agree that the Service reserves the right to obtain financial information regarding your account from a Biller or us (for example, to resolve payment posting problems or for verification).
29. JOINT ACCOUNTS. If your Payment Account is one with joint registration, each of you agrees that each account holder has independent authority to use the Service as it relates to such Payment Account. We are authorized to follow the instructions related to the Service and any such account holder. You both agree to be jointly and severally liable under the terms of this Agreement.
30. ASSIGNMENT. You may not assign this Agreement to anyone. We may assign this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
31. NO WAIVER. We shall not be deemed to have waived any of our rights or remedies under this Agreement unless our waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of the exercise of any rights or remedies on future occasions.
32. CAPTIONS. The captions appearing in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
33. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms but only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
Note: Please keep this Terms and Conditions of the Bill Payment Service for your files.
This Terms and Conditions of the Bill Payment Service (the "Agreement") governs your use of the bill payment service ("Service") and supersedes any prior agreements between you and your Farm Credit Association for the Service. By subscribing to the Service, using the Service, or permitting someone else to use the Service on your behalf, you agree to the terms of this Agreement. The Service allows you to direct us to make payments from one or more eligible Payment Accounts to third-parties (each, a "Biller") in advance.
1. DEFINITIONS. In addition to terms defined above and throughout this Agreement, capitalized terms shall have the following meanings:
a. "Application" means the web-based software that you access to use the Service.
b. "Billing Account" means the account designated by you from which our Service fees and other charges will be debited.
c. "Business Day" means every Monday through Friday, excluding Federal Reserve holidays.
d. "Due Date" means the date reflected on your Biller statement when the payment is due; it is not the late date or grace period.
e. "Farm Credit Association" means your Farm Credit lender.
f. "ISP" means an Internet Service Provider.
g. "Payment Instruction" means the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller Account number, and Scheduled Payment Date).
h. "Payment Account" means any (i) loan account and (ii) credit facility or subfacility, if any, maintained by or available to you and eligible for settlement of Customer's transactions in connection with the Service and any and all funds held account(s), prepayment account(s), future payment account(s), escrow account(s), debt reserve account(s), and cash collateral account(s) from which we may make payments on your behalf.
i. "Scheduled Payment" means a payment that has been scheduled through the Service but has not begun processing.
j. "Scheduled Payment Date" means the day when you want your Biller to receive your payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
k. "Service Provider" means an independent third party with whom we have contracted to provide or perform one or more functions of the Service.
l. "We", "us" or "our" means your Farm Credit Association.
m. "You" or "your" refers to the person or entity subscribing to or the person or entity using the Service.
2. SCOPE OF SERVICES. Except as noted below, you may make payments through the Service to: (a) any person or entity that generates a bill or invoice via U.S. mail or electronic bill for products or services provided to you on your behalf; or (b) to any business, merchant or professional that does not generate a bill or invoice; as well as (c) any individual.
3. TYPES OF PAYMENTS; PAYMENT SCHEDULING
a. The Service supports two types of payment: "Single Payments" and "Recurring Payments". Single Payments are payments for which you enter all required information such as amount and date each time you make a payment. Recurring Payments are payments which once entered will automatically be processed in a fixed amount on a fixed-frequency (e.g., weekly, monthly, etc.) you determine.
b. Single Payments - A single payment will be processed on the Business Day 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 is currently 3 p.m. Central Time. Any 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 Day as the payment's processing date, the payment will be processed on the next Business Day immediately following the designated processing date.
c. Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the Service. 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 Day, it is adjusted based upon the following rules:
i. If the recurring payment's "Pay Before" option is selected, the processing date for the new occurrence of the payment is adjusted to the Business Day immediately prior to the calculated processing date.
ii. 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 Day immediately after the calculated processing date.
d. If the Scheduled Payment Date for a Recurring Payment does not exist in a certain month, or is a non-Business Day, the Scheduled Payment Date will default to the previous Business Day. For example, if you schedule a payment for the 31st of a month, the Scheduled Payment Date for your payment for the month of September (which has only 30 days) will be the 30th of September assuming that it is a Business Day.
e. Payments can only be processed on Business Days. When scheduling a payment, you will select an "Estimated Arrival Date". In certain instances, to provide sufficient time for a payment to be received and processed by the Biller, the Service will calculate the "Estimated Arrival Date" for your payment (typically four (4) Business Days from the current date) when you are scheduling the payment. Please note that the "Estimated Arrival Date" is only an estimate, so please allow ample time for your payments to reach your Biller.
f. You are solely responsible for the accuracy of the Payment Instructions that you enter through the Service. Please review the Application's Help files for detailed information on the steps necessary to schedule payments.
4. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
a. You must provide sufficient information about each Biller ("Biller Information") to properly direct a payment to such Biller and permit the Biller to identify the correct account ("Biller Account") to credit with your payment. This Biller Information, which is subject to change from time to time, may include, but is not limited to, the name and address of the Biller and your Biller Account number and for Billers that provide electronic bills, your service address. We will store Biller Information, Biller Account numbers, and other information related to your use of the Service. Additions, deletions and modifications to Biller Information may be entered directly through the Service.
b. In order to facilitate payments to each Biller, we may modify or delete some or all of the Payee Information you have entered with information provided to us by or on behalf of the Payee. This information may include, but is not limited to, routing information required for electronic payments, payments sent to a centralized address or payments sent without coupons.
c. By providing the Service with Payment Instructions including Biller Information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Application. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.
d. In certain instances, your payment may be sent via draft check when it otherwise would have been eligible for electronic payment. You also authorize the Service to credit your Payment Account for payments returned to the Service, e.g. by the United States Postal Service or Biller, or a payment remitted to you by or on behalf of another user of the Service.
e. If a Biller has been paid but we are unable to debit your Payment Account for any reason (for example, there are insufficient funds or available credit to cover the transaction), the transaction may not be completed. In such case, you agree that you will reimburse the Service immediately upon demand for the transaction that has been returned to the Service for any reason associated with your Payment Account. This may include automatic reversal of any payments made electronically. You also agree that (i) you will reimburse us and the Service for any fees we/it incur as a result of the return, (ii) you will reimburse us and the Service for any fees we/it incurs in attempting to collect the amount of the return from you; and (iii) we and the Service is authorized to report the facts concerning the return to any credit reporting agency.
5. FAILURE TO COMPLETE PAYMENTS
a. You acknowledge and understand that we may provide the Service using one or more Service Providers and that, accordingly, our ability to provide the Service may be contingent upon the continuing availability of certain functions from such Service Providers. You acknowledge that the relationship between us and Service Providers is as independent contractor. We have no right to control or direct the details, manner or means that each Service Provider uses to accomplish the results of the Service performed in connection with this Agreement. Notwithstanding the foregoing, any claims against us (with respect to the acts or omissions of our Service Provider(s) shall be subject to the limitations of liability set forth herein to the same extent as if we had performed that portion of the Service our self. We and our Service Providers shall use commercially reasonable efforts to transmit financial data under its control and required to utilize the Service and to act on Payment Instructions received in connection with the Service in accordance with this Agreement. Customer recognizes that commercially reasonable efforts does not mean error free or uninterrupted.
b. You specifically understand that it will be your responsibility and you will suffer the risk of loss for any payment, if:
1. Through no fault of ours, your payment did not comply with Section 4 of this Agreement;
2. A Biller mishandled or delayed handling payments properly sent by us for any reason;
3. If your Payment Account does not contain sufficient funds to complete the transaction;
4. The Service or your communication line, PC, modem, or ISP was not working properly and you knew about the malfunction when you started the payment;
5. You did not properly initiate a payment or provide us with correct Payment Instructions including but not limited to Payment Account information, Biller Information, Biller Account number, Recurring Payment date, or payment amount;
6. Circumstances beyond our and our Service Provider?s control (such as, but not limited to, earthquakes, fire, flood, act of God, computer failures, electrical outages, governmental restraint, Internet or ISP disruptions, or other interference from a third party or an outside force, or a delay in the transmittal of a payment by mail or otherwise) prevented the proper completion of the payment despite reasonable precautions by us to avoid these circumstances;
7. The funds were subject to legal or other process restricting or delaying such payment;
8. A Biller has failed to make a bill available at all or in a timely manner; or
9. Your Payment Account has been restricted.
10. UNCOMPLETED PAYMENTS. If we make a payment via laser check and the laser check is not presented for payment by your Biller, you are solely responsible for following up with your Biller.
11. PAYMENT METHODS. The Service reserves the right to select the method by which to remit funds on your behalf to your Biller. These payment methods include, but are not limited to, an electronic payment or a laser draft check payment. A laser draft check payment is similar to a personal check and is printed with "Signature on File" in place of your authorized signature. Your Payment Account is debited and the Biller receives funds when the Biller submits the check for deposit. As the laser draft check is similar to a personal check, the Service cannot control presentment of laser draft checks since the Biller can delay cashing a laser draft check.
12. DELETING OR MODIFYING PAYMENTS; STOP PAYMENT REQUESTS. You can delete or modify any Scheduled Payment (including Recurring Payments) by following the Application's instructions. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment it cannot be deleted or modified. A stop payment request may be submitted by contacting us. The initiation by you of certain electronic fund transfers from your Payment Account will effectively eliminate your ability to stop payment of the transfer. If you desire to stop any payment that has already been processed, you must contact your Farm Credit Association. Although we will make every effort to accommodate your request, the Service shall not be liable for failing to do so.
13. PROHIBITED PAYMENTS. Any attempt to make a payment through the Service to Billers located outside of the United States or its territories is prohibited. Each Biller must have valid U.S. mailing addresses we can verify.
14. LEGAL PAYMENTS. The Service is not intended for use to make payments for alimony, child support, any type of insurance, taxes or other governmental fees or court-directed payments ("Legal Payments"). You acknowledge that if you do submit a payment to these restricted vendors through the Service, we will not assume any liability for penalties, cancellation of coverage or any other expense, claim or damage related to nonpayment upon the processing or completion of such a payment. Any such payments are done at your own risk. The Service has no obligation to research or resolve any claim resulting from a Legal Payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
15. Electronic Bill Feature
a. The "Electronic Bill Feature" is for the presentment of electronic bills only and then paying those bills through the Service. It is your sole responsibility to directly contact your Billers if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you agree to the following additional terms and conditions:
b. Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill or personal information. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller when activating the Service for your account, for purposes of the Biller informing you about the Service or bill information.
c. Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. When a Biller sends you your bills electronically, they are received through the Service. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. If you have chosen to get an electronic bill only, that feature may be your only notice that a bill has arrived.
d. Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and the password used for that particular Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
e. Notification - We will use commercially reasonable efforts to present all of your electronic bills promptly. In addition to notification within the Service, we may send an e-mail notification to the e-mail address listed for your Payment Account. It is your sole responsibility to ensure that this information is and remains accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all of your bills.
f. Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of a Biller. We will notify your electronic Biller(s) if there is a change in status of your account, but it is your sole responsibility to make arrangements for an alternative form of bill delivery. We are not responsible for presenting any electronic bills that are already in process at the time of cancellation.
g. Non-Delivery of electronic bill(s) - You are solely responsible for keeping your email address information within the Service current, receiving your bill and arranging for payment to be made We do not ensure timely receipt of all bills. We will not be responsible for your failure to access the Service or to schedule payment of your electronic or other bills. If we restrict your access to the Service, you are responsible for payment your electronic bills. Copies of previously delivered bills must be requested from the Biller directly.
h. Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). The responsibility of the Service is expressly limited to presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or its detailed information must be directly addressed with the Biller.
i. This Agreement does not alter your liability or any obligations that currently exist between you and your Billers.
16. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE AND/OR ANY SERVICE PROVIDER(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF THE SERVICE.
17. PASSWORD AND SECURITY. To use the Service, you must log in using your username and password. You authorize us to follow any instructions that you have entered through the Service using your username and password. You agree not to give your username or password, or make them available, to any person not authorized to access the Service or information accessible through the Service. No Farm Credit Association employee will ever ask you for your password. If you believe that your password has been lost or stolen or may be used without your permission in connection with the Service, you agree to notify us immediately by calling your Farm Credit Association's office during regular business hours. Telephoning is the best and fastest method to notify us and help minimize your possible losses.
18. STATEMENTS. All payments made through the Service will appear on your periodic Payment Account statement.
19. IN THE CASE OF ERRORS AND QUESTIONS ABOUT YOUR BILL PAYMENTS. In case of errors or questions about your transactions, you should notify us as soon as possible via one of the following methods:
1. Telephone us at your Farm Credit Association office during regular business hours;
2. Contact us by using the Application's e-messaging feature; or
3. Write us a letter addressed to your Farm Credit Association office.
20. DISCLOSURE OF INFORMATION TO THIRD PARTIES. We will not disclose information about you or your Payment Account or use of the Service to any person, organization or agency, except:
1. Where it is necessary for completing payments;
2. To verify the existence and condition of your Payment Account to a third party, such as a credit bureau or Biller;
3. To a consumer reporting agency for research purposes only;
4. To comply with a governmental agency or court orders;
5. If you give us your written permission in writing or by an email message; or
6. For other purposes in accordance with our privacy statement.
21. SERVICE FEES AND CHARGES. Applicable fees will be charged regardless of whether the Service is used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay all fees and charges and authorize us to deduct the same from your designated Billing Account for all amounts and any additional charges that we may incur because of your use of the Service. You are responsible for all telephone access fees or Internet service fees that may be assessed by your telephone or Internet service provider. To use the Service, you must obtain, at your own expense, the necessary hardware and software. Neither we nor any Service Provider are responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service; (ii) the disconnecting of your telephone line by the telephone company or deficiencies in your line quality; (iii) any defect or malfunction of your PC, modem, or telephone line, or (iv) any failure of your ISP or the Internet that results in the interruption of your access to the Service.
22. FAILED OR RETURNED TRANSACTIONS. In using the Service, you are requesting us to make payments from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds or available credit in your Payment Account to cover the transaction), the transaction will not be completed. In such instance, you may receive a return notice from the Service.
23. AGREEMENT MODIFICATION AND AMENDMENT. As a condition to using the Service, you agree to receive all legally required notifications electronically. Unless otherwise required by applicable law, we may modify or amend this Agreement at any time without giving you prior notice. A copy of any modification or amendment will be delivered to you in writing or electronic format. If you do not agree to the modification or amendment, you must notify us prior to the effective date of such modification or amendment and cancel your access to the Service. Use of the Service after such effective date indicates you agreement with such modification or amendment. We have the right to discontinue this Service with notification.
24. ADDRESS OR BANKING CHANGES. It is your sole responsibility to ensure that the contact information in your user profile is complete, current and accurate. This includes, but is not limited to, your name, address, phone numbers and email addresses. Changes can be made either within the Application or by contacting your Farm Credit Association office. Any changes in your Payment Account must also be made in accordance with the procedures outlined within the Application's Help files. All changes are effective immediately for scheduled and future payments paid from any updated Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide and maintain accurate Payment Account or contact information.
25. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
a. Access to the Service is available as long as you maintain your Payment Account(s). The Service will continue to be available to you until you request to deactivate the Service. We reserve the right to restrict your account(s) under certain circumstances which will deactivate the Service from your respective Payment Account. We also reserve the right to refuse to grant you access to the Service, or to suspend or terminate your ability to use the Service at any time, for any reason. In such cases, all pending, future-dated and recurring payments including payments for electronic bills are cancelled and the Service is disabled for access in such account. We will attempt to notify you if the Service is deactivated.
b. In the event you wish to cancel the Service, you may contact customer service via one of the following methods:
1. Telephone us at your Farm Credit Association office during regular business hours;
2. Contact us by using the Service's e-messaging feature; or,
3. Write a letter addressed to your Farm Credit Association.
c. Any payment(s) that the Service has processed before your requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed after the Service is cancelled. We may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
26. BILLER LIMITATION. We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or any Legal Payment.
27. RETURNED PAYMENTS. In using the Service, you understand that a Biller or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; the Biller Account number is not valid; Biller is unable to locate account; or the Biller Account is paid in full. The Service will use commercially reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. In such event, you may receive an e-message notification from the Service.
28. INFORMATION AUTHORIZATION. Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. You agree that the Service reserves the right to obtain financial information regarding your account from a Biller or us (for example, to resolve payment posting problems or for verification).
29. JOINT ACCOUNTS. If your Payment Account is one with joint registration, each of you agrees that each account holder has independent authority to use the Service as it relates to such Payment Account. We are authorized to follow the instructions related to the Service and any such account holder. You both agree to be jointly and severally liable under the terms of this Agreement.
30. ASSIGNMENT. You may not assign this Agreement to anyone. We may assign this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
31. NO WAIVER. We shall not be deemed to have waived any of our rights or remedies under this Agreement unless our waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of the exercise of any rights or remedies on future occasions.
32. CAPTIONS. The captions appearing in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
33. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms but only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
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