MYCU®
ELECTRONIC BILL PAYMENT SERVICES
CONSUMER AGREEMENT AND INITIAL DISCLOSURES
On behalf of your Credit Union, and pursuant
to an agreement between your Credit Union and MYCU Services, LLC, MYCU
Services, LLC offers the On-line Bill Payer Services through this web site.
Electronic Disclosures: After you have
carefully read this Agreement in its entirety, please indicate your consent to
the same and to receiving this Agreement and Initial Disclosure
("Agreement") electronically by clicking "I Accept". If
you are not in agreement with this Agreement, please exit this web site. YOUR
USE OF THIS WEB SITE SHALL CONSITUTE YOUR AGREEMENT TO THE TERMS OF THIS
AGREEMENT. We suggest that you print a copy of this Agreement for future
reference. Terms pertaining to fees and contact persons for problems will be
separately disclosed by the Credit Union.
- Definitions.
As used in this Agreement, Account(s) refers to your checking,
savings, money market shares, or loan accounts you have with your Credit
Union, some of which may or may not be eligible for electronic transfers
using the Service; Member Services Agreement refers to the
agreement between you and Credit Union containing the terms and conditions
governing your Accounts; Billing Account means 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 and any additional day the Credit Union is
closed; Designated Bill Paying Account(s) means the designated
checking account(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); Bill Payer Web Site refers
to this web site wherein the Services are offered via the Internet; the Service(s)
refers to collectively, any or all programs, software, products and
services offered by MYCU Services, LLC which allows you to pay bills via
an Internet connection; Software License Agreement(s) means the
software license agreements governing your use of the Financial Software; we,
us or our refers to MYCU Services, LLC; you or your refers to
the person(s) subscribing to or using the Service.
- The
Service. You may use an Internet
connection to access the Bill Payer Web Site and direct us to make
payments from your Designated Bill Paying Account(s) to third parties
("Payees") that you have selected in advance to receive
payments.
- Software
and Equipment Requirements. You
may access the Bill Payer Web Site via the Internet. In order to use the
Service, your Internet device must meet the minimum requirements. You may
use any browser that supports 128-bit encryption; Netscape Navigator 4.0
or higher, Internet Explorer 4.5 or higher. MYCU Services, LLC may change
these requirements from time to time. If any of these requirements change,
you will be notified of such change at the time you log on to the Bill
Payer Web Site.
- Your
User ID and Password. You will be
assigned a personal User ID and a Password which you will use to obtain
access to the Bill Payer Web Site. 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 your Account(s) and to access information about these 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 your 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 Password or any other personalization of
your Account(s).
- 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 to access your Designated
Bill Paying Account and other Accounts. If someone to whom you have
granted authority to use your User ID and Password exceeds such authority,
you are fully liable for all 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 used your User ID and
Password without your authorization and/or in excess of your authority.
- 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 products 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 for non-business purposes.
Payments may be made only to payees with a
U.S.
payment address. We will not be liable for
any payment of alimony, child support, taxes, or other governmental fees
or court-ordered payments through the Service.
- Your
Payee List. You must provide
sufficient information about each payee ("Payee Information") as
we may request from time to time, in order to ensure proper payment to
each of your designated payees. This information may include 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, as well as additions, deletions and modifications
to Payee Information via an Internet connection to the Bill Payer Web
Site.
- Scheduling
Bill Payments. To electronically
schedule a payment, follow the simple instructions in the Online Help
file. Payments may range in amounts up to Ninety-nine Thousand Nine
Hundred Ninety-nine Dollars ($99,999.00). When you schedule a bill
payment, you authorize us to withdraw the amount of your payment from your
Designated Bill Paying Account.
- Processing/Delivery
of Your Bill Payments. You may
schedule payments to be processed on the day that you schedule a bill
payment, on a future date, on the same date each month, 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"). Although you may schedule bill payments
by using the Service twenty-four hours a day, seven days a week, payments
can be processed only on Business Days, subject to system availability. If
the, Account Debit Date falls on a weekend or holiday, your payment will
be processed on the previous 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. When scheduling a new payee, please schedule your
first (1st) payment to such payee at least ten (10) business
days prior to the date your payment is due, excluding any applicable grace
periods (the "Due Date"). After your initial payment to a
respective payee, you must instruct us to process subsequent payments at
least six (6) Business Days prior to 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 in accordance with this Agreement. Once you
schedule a payment, the Account Debit Date will automatically be displayed
on your computer screen.
- How
Bill Payments are Made. We may
remit your payments by mailing your payee a paper check, by electronic
funds transfer, or by other means. We send all checks through the
United States
mail. 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, in which case we will send you a notice regarding the same.
- Same
Day Bill Payments. You may
schedule a bill payment to be processed on the same day that you scheduled
the payment if we receive instructions before
5:00 a.m.
Eastern Standard Time
,
USA
, on a Business Day ("Same Day
Payment").
- Future
Bill Payments. You may schedule a
payment to be processed on any future Business Day within one (1) year
from the date you scheduled the payment ("Future Payment").
- Recurring
Bill Payments. You may schedule
payments to be automatically processed in a fixed amount on the same 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 month. For example, if you schedule a payment for the
31st of each month, your payment for the month of April will be
processed on or before the 30th of April. If the Recurring Payment Date
falls on a day other than a Business Day in any month, your payment will
be processed the prior Business Day. For example, if you schedule a
Recurring Payment to be processed on the fifth (5th) of each
month, and August 5th is a Saturday, your payment for August will be
processed on August 4th.
- Guarantee
for Bill Payments. We will
reimburse 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:
(a)
You must schedule the payment in accordance with this Agreement.
(b)
You must provide us with the correct payee name, address, Due Date,
account information and the correct payment amount. We shall not be liable for
fees assessed as a result of your failure to schedule payment of the
sufficient amount due to a payee.
(c)
Your Designated Bill Paying Account, including any overdraft
protection, must contain sufficient funds to complete the payment or transfer
on the Account Debit Date.
(d)
The payment must be made to a business. We will not reimburse any late
payment fees assessed to you by individuals.
(e)
The late payment fee or penalty or the method of calculation must be
published by the payee prior to the Due Date.
(f)
Your Internet device, Operating system software, telephone line, and
Internet service provider must be functioning properly.
- Stopping
or Modifying Bill Payments. You
may modify or cancel the payment amount and the Account Debit Date of any
scheduled payments via the web site at any time prior to 5:00 a.m. Eastern
Time, USA, on the Account Debit Date.
- Reviewing
Payments. Records of past
payments and payments scheduled for the future are stored at this Bill
Payer Web Site. The number of records that can be stored depends on the
amount of the available space on the system.
- 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 our payment cut-off period, we will
investigate the status of the check. If the payee cannot be reached, or
the payment is to an individual and the check has not been presented for
payment ninety (90) days after the Account Debit Date, we may place a stop
payment order on the check and credit your account accordingly.
- Fees.
Any fees charged in connection with the Service will be disclosed to you
in a separate disclosure by the Credit Union. Any changes to such fees
will be made in accordance with Credit Union policy.
- Termination.
You may terminate your use of the Service at any time by contacting your
Credit Union. You must notify us at least ten (10) days prior to the date
on which you wish to have your Service terminated. If you have scheduled
payments with an Account Debit Date within this ten-day period, you must
separately cancel those payments pursuant to paragraph 15 of this
Agreement. If we have not completed processing your termination request
and you have not otherwise cancelled a payment, you will be responsible
for payments with Account Debit Dates during the ten (10) 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 Credit Union notifies us that it has not received the
required fee, if any, when due to Credit Union, if you do not comply with
the terms of this Agreement, or the agreements governing your Accounts, or
if your Designated Bill Account or Billing Account is not maintained in
good standing, and no 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 (30) 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 the Credit Union.
- 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 (24) hours a day, seven (7)
days a week, except during maintenance periods, for the scheduling,
modification or review of payment orders, however, bill payments can be
processed only on a Business Day.
- Confidentiality.
We will disclose information to third parties about your Accounts 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 interests 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.
- 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 to
a minimum. You could lose all the money in your account in addition to
your maximum overdraft line of credit. If you believe your
User ID and Password has been lost or stolen, and you tell us within two
(2) 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 (2) 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 had we known of the theft, you could be liable
for the loss up to $500.00.
- Contact
in Event of Unauthorized Transactions
. If you believe your
User ID and Password has been lost or stolen, or that someone to whom you
have granted authority to use your User ID and Password has exceeded such
authority, call your Credit Union immediately at the phone number provided
to you in the help section of the Bill Payer Web Site.
- 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 or arising in any way out of the
maintenance of the Bill Payer Web Site, 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 deficiencies in your line quality, the failure
or unavailability of internet access; problems with internet service
providers, any defect or malfunction of your PC, modem, or telephone line.
MYCU SERVICES, LLC
MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, BILL
PAYER WEB SITE, 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, UNLESS DISCLAIMING SUCH WARRANTY IS
PROHIBITED BY LAW.
- Entire
Agreement. This Agreement
constitutes the complete and exclusive agreement between you and us
related to the Service. Any other agreement or disclosure with respect to
your Accounts and/or fees for the services made by or with your Credit
Union is separate and distinct from this Agreement.
- Waivers.
No delay or omission by us in exercising any rights or remedies hereunder
shall impair such right or remedy or be construed as a waiver of any such
right or remedy. Any single or partial exercise of a right or remedy by us
shall not preclude us from further exercise or the exercise of any other
right or remedy. No waiver shall be valid unless in writing and signed by
us.
- 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.
- Governing
Law. This Agreement shall be
governed by and construed in accordance with the laws of
Commonwealth
of
Pennsylvania
without regard to that state's conflict of
law provisions.
- Arbitration.
IF A DISPUTE ARISES OUT OF OR RELATES TO
THIS AGREEMENT AND IF SAID DISPUTE CANNOT BE SETTLED THROUGH DISCUSSIONS,
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR INVOLVING THE CONSTRUCTION OR APPLICATION OF ANY OF THE
TERMS, COVENANTS OR CONDITIONS OF THIS AGREEMENT, BE SETTLED BY
ARBITRATION TO BE HELD IN THE METROPOLITAN AREA OF HARRISBURG,
PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S)
SHALL BE BINDING UPON YOU AND MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION THEREOF.
- Amendments.
We may amend or change any of the terms and conditions of this Agreement
at any time upon reasonable electronic notice to you. If you do not agree
to the change or amendment, you 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.
- 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.