ONLINE BILL PAYMENT
DISCLOSURE AND AGREEMENT
NOTE: All references within this document to the terms "Payment
Service" and/or "the Service" reflect the
Online Banking Bill Payment Service offered by Quorum Federal
Credit Union (Quorum FCU).
You acknowledge electronic receipt of
the Terms and Conditions Agreement ("Agreement")
associated with Online Banking Bill Payment Service and
agree that you have read and will abide by this Agreement.
You also agree that Quorum FCU does not need to provide
you with an additional, paper (non-electronic) copy of this
Agreement unless specifically requested. Further, you understand
that a copy of this Agreement can be printed by using your
browser's print command and a printer.
1. Use of a Third-Party Bill
Payment Service Provider
Metavante (Formerly M&I) is the third-party bill payment
service provider who Quorum FCU has contracted to provide
the Payment Service to its members. Metavante will be processing
all bill payments. Quorum FCU, at its sole discretion, reserves
the right to change Online Banking Bill Payment Service
providers.
2. Enrollment Request for the
Online Banking Bill Payment Service
Quorum FCU reserves the right to refuse enrollment in the
Online Banking Bill Payment Service to any member who does
not meet the Service criteria which has been established
by Quorum FCU. Among other requirements, a valid e-mail
address is a requirement of the Service.
Terms:
Payee means the vendor, person or entity to which
you wish a bill payment to be directed.
Payment Instructions means the information provided
by you to the Service for a bill payment to be made to your
Payee (e.g., Payee name, account number, payment amount,
payment date, etc.).
Payment Account means your Checking Account and,
in the instance of non-sufficient funds and/or an overdrawn
account, any applicable share account or available balance
on line-of-credit accounts at Quorum FCU, from which all
bill payments may be made and/or such funds collected. Multiple
checking accounts may be established as Payment Accounts.
Contact Quorum FCU for more information.
Business Day or Processing Date means Monday through
Friday, excluding Federal and observed Quorum FCU holidays.
Scheduled Payment Date means the Business Day of
your choice upon which your bill payment will be made and
your Payment Account will be debited.
Cutoff Time means 8:00 p.m. Central Time (CT) on
any Business Day, and is the time by which you must transmit
instructions to have them considered entered on that particular
Business Day.
By providing the Payment Service with
the names and account information of those entities and/or
persons to whom you wish to direct payment, you authorize
the Service to follow the Payment Instructions that it receives
from you or your authorized user through the Online Banking
Bill Payment Service. When the Service receives a Payment
Instruction, you authorize it to debit your Payment Account(s)
and remit funds on your behalf so that the funds arrive
as close to the Business Day designated by you as reasonably
possible.
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3. Payments and Transfers From
My Payment Account May be Processed in Three Different
Ways:
- Today: If you designate
a bill payment as a "Today" transaction, the
processing date will be the same Business Day if requested
prior to 8:00 p.m. Sufficient available funds must be
available at the time you request the transaction. "Today"
payments may not be canceled for any reason once you have
ended an Online Banking session. All “Today”
transactions are immediately deducted from your Payment
Account.
- Future: If you
designate a payment as a "Future" transaction,
you may request that the transaction be made on a future
date that you may designate up to 365 days in advance.
The processing date will be the effective (processing)
date you entered. You will not be able to establish payments
with an effective date that is not a Business Day. Sufficient
and available funds must be available by midnight of the
night before the processing date, but will be deducted
from your Payment Account on the actual processing date.
"Future" transactions may be canceled or changed
until 8:00 p.m. CST of the night before the processing
date through the Online Banking Bill Payment Service.
- Recurring: If you
designate a payment as a "Recurring" transaction,
you may request that the transaction be made in the same
amount to the same merchant or account on a specified
regular, periodic basis (i.e., weekly, bi-weekly, monthly,
etc.). You will designate a "start" and "end"
date. The processing date will be the effective (processing)
date you entered, or the next Business Day should the
effective date fall on a weekend or holiday. Sufficient
and available funds must be available by midnight of the
night before the processing date, but will be deducted
from your Payment Account on the actual processing date.
"Recurring" transactions may be canceled or
changed until 8:00 p.m. of the night before the processing
date through Online Banking Bill Payment Service. You
may not establish multiple recurring payments to the same
Payee.
4. Stopping or Modifying Online
Banking Bill Payment Authorized Payments:
Payments designated as "Today" transactions cannot
be stopped, canceled, or changed once your Online Banking
session is terminated. Stop Payments are only applicable
to payments made by check that have not cleared. In order
to request a check Stop Payment on a transaction processed
through the Service, you must contact Quorum FCU at (800)
874-5544 or (914) 641-3700. If the Stop Payment can be processed,
credit to your Payment Account will be processed within
two (2) or three (3) Business Days from the Stop Payment
request date. You are responsible for completing any modifications
to payments, payees, etc. via the Service.
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5. Bill Payments:
All payments you make through the Service will be deducted
from your designated Payment Account. Any payment you wish
to make through the Service must be payable in U.S. Dollars.
Each Payee must appear on the Payee list you create with
Quorum FCU and the account you are paying must be in your
name.
You must allow sufficient time for the
Payee to receive and process the payment before the payment
due date (the due date shown on your invoice or provided
in your agreement with Payee, not taking into account any
grace period provided by the Payee). You will assume full
responsibility for all late fees, finance charges, or other
actions taken or imposed by Payee.
IMPORTANT: Payments may take
up to ten (10) days to reach the Payee, as they are sent
either electronically or by check. Quorum FCU is not liable
for any service or late charges levied against you.
Quorum FCU is responsible only for exercising
ordinary care in making payments upon your authorization
and for mailing or sending a payment to the designated merchant.
Quorum FCU is not liable for any damages you incur if you
do not have sufficient funds in your Payment Account to
make the payment on the scheduled Payment Date, if the estimated
time to allow for delivery to the Payee is inaccurate, or
due to delays in mail delivery, changes of merchant address
or account number, the failure of any merchant to account
correctly for the payment in a timely manner, or for any
other circumstance beyond the control of Quorum FCU.
To use the Service, you must keep Quorum
FCU aware of changes in your contact information (e.g.,
address, telephone numbers and e-mail address). A written
notice will be sent to you of transactions Quorum FCU is
unable to process because of insufficient or unavailable
funds or any other return reason. In addition, an e-mail
notice will also be sent to you. In all cases, you are responsible
for either making alternate arrangements for the payment,
or rescheduling the payment through the Online Banking Bill
Payment Service. Returned payments will be canceled and
will prevent you from making more payments until resolved.
Generally, the Service is reinstated five (5) Business Days
after payment is received from a previously returned payment.
You authorize Quorum FCU, and any third
party acting on behalf of Quorum FCU, to choose the most
effective method to process your payments. You will receive
a transaction confirmation number for each properly instructed
payment. In addition to all other limitations of liability
set forth herein, Quorum FCU shall not be liable for any
failure to make a payment if you do not receive a confirmation
number.
Quorum FCU will use its best efforts
to make all your payments properly. However, Quorum FCU
shall incur no liability if it is unable to complete any
payments initiated by you through the Service because of
the existence of any one or more of the following circumstances:
- If, through no fault of ours, your
Payment Account does not contain sufficient funds to complete
the payment or transfer, or the transfer would exceed
the credit limit of your overdraft account;
- The bill payment processing center
is not working properly and you know or have been advised
by the Service about the malfunction before you execute
the transaction;
- The Payee mishandles or delays a
payment sent through the Service;
- You have not provided the Service
with the correct names, phone numbers, or account information
for those persons or entities to whom you wish to direct
payment;
- Circumstances beyond Quorum FCU's
control such as, but not limited to, fire, flood, or interference
from an outside force prevent the proper execution of
the transaction and Quorum FCU has taken reasonable precautions
to avoid those circumstances;
- Other exceptions set forth in this
Agreement.
Provided none of the foregoing exceptions
to the Service performance obligations are applicable, and
provided you have complied with all these terms and conditions,
if the Service causes an incorrect amount of funds to be
removed from your Payment Account or causes funds from your
Payment Account to be directed to a person or entity which
does not comply with your Payment Instructions, Quorum FCU
shall be responsible for your losses and damages. Payment
will be made to your Payee either electronically via the
Automated Clearing House (ACH) or by check. The method of
payment depends upon the processing method that can be accommodated
by the Payee or Metavante (e.g., some Payees are unable
to accept electronic payments). You will be notified to
allow three (3) or five (5) Business Days for payment processing
at the time payments are established. Payments made through
the Service will appear on periodic statements.
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Prohibited Payments
The following payment types are prohibited through the Service:
- Tax payments
- Court ordered payments
- Payments to Payees outside the United
States or its possessions/territories.
- Other categories of Payees that
you may establish from time to time.
- Payments to Payees in excess of
$9,999.99
Limitation Of Liability
The foregoing shall constitute Quorum FCU’s entire
liability and your exclusive remedy. In no event shall Quorum
FCU 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 installation, use, or maintenance of
the equipment, software and/or the service.
6. Exclusions of Warrantees:
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 merchant ability and fitness for a particular purpose.
Personal Identification Code and Security
You agree not to give or make available your Quorum FCU
Online Banking Personal Identification Number (PIN) or your
Online Banking Bill Payment User ID to any unauthorized
individuals. You are responsible for all bill payments you,
and your Online Banking Bill Payment PIN, authorize using
the Service. If you do permit other persons to use the Service
or your Online Banking PIN or Online Banking Bill Payment
User ID (even though you have agreed not to disclose this
information) or your Online Banking PIN or Online Banking
Bill Payment User ID, you are responsible for all transactions
they authorize. If you believe that your Quorum FCU Online
Banking PIN has been lost, stolen or compromised, or that
someone may attempt to use the Service without your consent
or has transferred money from your account by accessing
your account without your permission, you must notify Quorum
FCU immediately by calling us at (800) 874-5544 or (914)
641-3700. You also agree that Quorum FCU may revoke your
Online Banking Services, which will in turn revoke use of
the Service, if unauthorized account access and/or transactions
occur as the apparent result of negligence in the safeguarding
of the User ID belonging to you and/or your authorized user.
Further, you agree that, if Quorum FCU is notified that
you have included Quorum FCU in filing of a petition of
bankruptcy, Quorum FCU may revoke or refuse to grant you
Online Banking Bill Payment Service and/or Quorum FCU Online
Banking access to your account.
Your Liability for Unauthorized
Transfers
If you notify Quorum FCU within two (2) Business Days after
you learn of unauthorized access to your Payment Account(s)
and/or that your Quorum FCU Online Banking PIN has been
lost, stolen or compromised, you are liable for no more
than $50. If you fail to notify Quorum FCU within two (2)
Business Days after you learn of unauthorized access to
your Payment Account(s) and/or that your Quorum FCU Online
Banking PIN has been lost, stolen or compromised, and we
determine that we could have prevented the unauthorized
access to your Payment Account(s), or use of your Quorum
FCU Online Banking PIN had you notified us, you could be
responsible for as much as $500. If your monthly statement
or your online account detail reflects any transfers or
payments that you did not make, notify us at once. If you
do not tell us within sixty (60) days after the first statement
reflecting an unauthorized transfer(s) or payment(s) was
mailed to you, you may not be refunded any money you lost
after the sixty (60) days, provided that we can prove we
could have stopped someone from taking the money if you
had told us in a timely manner.
Disclosure of Account Information
to Third Parties
It is our general policy to treat your account information
as confidential. However, we will disclose information to
third parties about your account or the transfers you make
ONLY in the following situations:
- If we return transfers or payments
made from your Payment Account which are drawn on insufficient
funds or if we are unable to complete an electronic transfer
or payment because of insufficient funds, or
- Where it is necessary for completing
transfers, or
- In order to verify the existence
and condition of your Payment Account to a third party,
such as a credit bureau or merchant, or
- To a consumer reporting agency for
quality assurance survey/research purposes only, or
- In order to comply with a governmental
agency or court order, or
- If you give us your written permission.
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Charges or Fees
The Quorum FCU Fee
Schedule incorporated herein by reference sets forth
the fees associated with the Service. Standard deposit account
fees will continue to apply. You are responsible for any
and all telephone access fees or Internet service fees that
may be assessed by your telephone and/or Internet service
provider.
In the Event a Service Transaction
Is Returned and/or Overdraws Your Payment Account
In using the Service, you are requesting the system to make
payments for you from your Payment Account. If we are unable
to complete the transaction for any reason associated with
your Payment Account (for example, there are not sufficient
funds in your Payment Account to cover the transaction),
the transaction may not be completed. In some instances
you will receive a return notice from Quorum FCU. In these
cases, you agree that normal account fees will be charged
to your account in accordance with Quorum FCU’s established
and published Fee
Schedule. By enrolling for and using this Online Banking
Bill Payment Service you agree that Quorum FCU has the right
to collect funds from all of your accounts as well as the
available balance on your line-of-credit accounts to recover
funds for all payments that have been requested to be paid
by you or your authorized user; this includes accounts on
which you are the primary member-owner, as well as accounts
on which you are the joint owner.
Alterations and Amendments
The terms of this Agreement, applicable fees and service
charges may be altered or amended by Quorum FCU from time
to time. In such event, Quorum FCU shall send notice to
you at your address on record or by secure electronic message
via the Quorum FCU Online Banking Service. Any use of the
Service after Quorum FCU sends you a notice of change will
constitute your agreement to such change(s). Further, the
Service may, from time to time, revise or update the programs,
services, and/or related material, which may render all
such prior versions obsolete. Consequently, Quorum FCU reserves
the right to terminate this Agreement as to all such prior
versions of the Online Banking Bill Payment programs, services,
and/or related material and limit access to the Service's
more recent revisions and updates.
Contact Information Changes
You agree to promptly notify Quorum FCU of any change in
your address and other contact information.
Termination or Discontinuation
In the event you wish to discontinue the Service, you must
contact Quorum FCU at least ten (10) days prior to the actual
service discontinuation date. Quorum FCU may terminate use
of the Service to any individual at any time without advance
notice. Neither termination nor discontinuation shall affect
your liability or obligation under this Agreement.
Payee Limitations
Quorum FCU reserves the right to refuse to pay any person
or entity to which you may direct a payment. Quorum FCU
is obligated to notify you promptly if it decides to refuse
to pay a person or entity designated by you. This notification
is not required if you attempt to pay tax or court-related
payments or payments outside the United States and its possessions/territories,
which are prohibited under this Agreement.
Information Authorization
Through your enrollment in the Online Banking Bill Payment
Service, you agree that Quorum FCU (or its third-party bill
pay service provider) reserves the right to request a credit
agency report and/or a review of your credit rating at its
own expense through an authorized credit agency/bureau.
In addition, you agree that the Service reserves the right
to obtain financial information regarding your account from
a merchant or financial institution to resolve payment-posting
problems.
Disputes
In the event of a dispute regarding the Service, you and
Quorum FCU agree to resolve the dispute by looking to this
Agreement. You agree that this Agreement is the complete
and exclusive statement of the agreement between you and
Quorum FCU which supersedes any proposal or prior agreement,
oral or written, and any other communications between you
and Quorum FCU relating to the subject matter of this Agreement.
In the event of a conflict between the terms of this Agreement
and any verbal representation or interpretation by one of
our employees, the terms of this written Agreement shall
control.
Assignment
You may not assign this Agreement to any other party. Quorum
FCU may assign this Agreement to any future, directly or
indirectly, affiliated company. Quorum FCU may also assign
or delegate certain of its rights and responsibilities under
this Agreement to independent contractors or other third-party
service providers.
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No Waiver
Quorum FCU shall not be deemed to have waived any of its
rights or remedies hereunder unless such waiver is in writing
and signed by Quorum FCU. No delay or omission on the part
of Quorum FCU 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 any rights or remedies
on future occasions.
Captions
The captions of Sections hereof are for convenience only
and shall not control or affect the meaning or construction
of any of the provisions for this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York and the United States
of America, without regard to its conflicts of laws provisions.
Errors and Questions
Refer to Error Resolution, Part V of the Truth-In-Savings
Disclosure.
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