TERMS AND CONDITIONS
OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Service" means the Bill Payment Service offered by Michigan Educational
Credit Union, through CheckFree Services Corporation.
"Agreement" means these
Terms and Conditions of the bill payment service.
"Payee" is the person or
entity to which you wish a bill payment to be directed or is the person or
entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is
the information provided by you to the Service for a bill payment to be made
to the Payee (such as, but not limited to, Payee name, Payee account number,
and Scheduled Payment Date).
"Payment Account" is the
checking account from which bill payments will be debited.
"Billing Account" is the
checking account from which all Service fees will be automatically debited.
"Business Day" is every
Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date"
is the day you want your Payee to receive your bill 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.
"Due Date" is the date
reflected on your Payee statement for which the payment is due. It is not
the late date or grace period.
"Scheduled Payment" is a
payment that has been scheduled through the Service but has not begun
processing.
PAYMENT SCHEDULING
Transactions
begin processing four (4) Business Days prior to your Scheduled Payment
Date. Therefore, the application will not permit you to select a Scheduled
Payment Date less than four (4) Business Days from the current date. When
scheduling payments you must select a Scheduled Payment Date that is no
later than the actual Due Date reflected on your Payee statement unless the
Due Date falls on a non-Business Day. If the actual Due Date falls on a
non-Business Day, you must select a Scheduled Payment Date that is at least
one (1) Business Day before the actual Due Date. Scheduled Payment Dates
should be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly
delays in handling and posting payments by Payees or financial institutions,
some transactions may take longer to be credited to your account. The
Service will bear responsibility for any late payment related charges up to
$50.00 should a payment post after its Due Date as long as the payment was
scheduled in accordance with the guidelines described under "Payment
Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the
Service with names and account information of Payees to whom you wish to
direct payments, you authorize the Service to follow the Payment
Instructions that it receives through the payment system. In order to
process payments more efficiently and effectively, the Service may edit or
alter payment data or data formats in accordance with Payee directives.
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. You also authorize the Service to credit your Payment Account for
payments returned to the Service by the United States Postal Service or
Payee, or payments remitted to you on behalf of another authorized user of
the Service.
The Service will use its
best efforts to make all your payments properly. However, the Service shall
incur no liability and any Service Guarantee shall be void if the Service is
unable to complete any payments initiated by you because of the existence of
any one or more of the following circumstances:
-
If, through no fault of the Service, your Payment
Account does not contain sufficient funds to complete the transaction or
the transaction would exceed the credit limit of your overdraft account;
-
The 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;
-
You have not provided the Service with the correct
Payment Account information, or the correct name, address, phone number,
or account information for the Payee; and/or,
-
Circumstances beyond control of the Service (such as,
but not limited to, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction and the Service has taken
reasonable precautions to avoid those circumstances.
Provided none of the
foregoing exceptions are applicable, 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 Payee which does not comply with
your Payment Instructions, the Service shall be responsible for returning
the improperly transferred funds to your Payment Account, and for directing
to the proper Payee any previously misdirected transactions, and, if
applicable, for any late payment related charges.
PAYMENT METHODS
The Service
reserves the right to select the method in which to remit funds on your
behalf to your Payee. These payment methods may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a
laser draft payment.
PAYMENT CANCELLATION REQUESTS
You may cancel
or edit any Scheduled Payment (including recurring payments) by following
the directions within the application. There is no charge for canceling or
editing a Scheduled Payment. Once the Service has begun processing a payment
it cannot be cancelled or edited, therefore a stop payment request must be
submitted.
STOP PAYMENT REQUESTS
The Service's
ability to process a stop payment request will depend on the payment method
and whether or not a check has cleared. The Service may also not have a
reasonable opportunity to act on any stop payment request after a payment
has been processed. If you desire to stop any payment that has already been
processed, you must contact Customer Service. Although the Service will make
every effort to accommodate your request, the Service will have no liability
for failing to do so. The Service may also require you to present your
request in writing within fourteen (14) days. The charge for each stop
payment request will be the current charge for such service as set out in
the applicable fee schedule.
PROHIBITED PAYMENTS
Payments to
Payees outside of the
United States
or its territories are prohibited through the Service.
EXCEPTION PAYMENTS
Tax payments and
court ordered payments may be scheduled through the Service, however such
payments are discouraged and must be scheduled at your own risk. In no event
shall the Service be liable for any claims or damages resulting from your
scheduling of these types of payments. The Service Guarantee as it applies
to any late payment related changes is void when these types of payments are
scheduled and/or processed by the Service. The Service has no obligation to
research or resolve any claim resulting from an exception 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.
BILL DELIVERY AND PRESENTMENT
This feature is
for the presentment of electronic bills only and it is your sole
responsibility to contact your Payees directly if you do not receive your
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
Information provided
to the Payee -
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 Payee. Any changes will need to be made by contacting the
Payee directly. Additionally it is your responsibility to maintain all
usernames and passwords for all electronic Payee sites. You also agree not
to use someone else's information to gain unauthorized access to another
person's bill.
Activation
- Upon activation of the electronic bill feature the Service may notify the
Payee of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Payee to Payee and
may take up to sixty (60) days, depending on the billing cycle of each
Payee. Additionally, the ability to receive a paper copy of your
statement(s) is at the sole discretion of the Payee. While your electronic
bill feature is being activated it is your responsibility to keep your
accounts current. Each electronic Payee reserves the right to accept or deny
your request to receive electronic bills.
Notification
- The Service will use its best efforts to present all of your electronic
bills promptly. In addition to notification within the Service, the Service
may send an e-mail notification to the e-mail address listed for your
account. It is your sole responsibility to ensure that this information is
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
Payee to Payee. You are responsible for ensuring timely payment of all
bills.
Cancellation of
electronic bill notification - The electronic Payee 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 Payee to Payee. It may take up to sixty (60)
days, depending on the billing cycle of each Payee. The Service will notify
your electronic Payee(s) as to the change in status of your account and it
is your sole responsibility to make arrangements for an alternative form of
bill delivery. The Service will not be responsible for presenting any
electronic bills that are already in process at the time of cancellation.
Non-Delivery of
electronic bill(s)
- You agree to hold the Service harmless should the Payee fail to deliver
your statement(s). You are responsible for ensuring timely payment of all
bills. Copies of previously delivered bills must be requested from the Payee
directly.
Accuracy and dispute
of electronic bill
- The Service is not responsible for the accuracy of your electronic
bill(s). The Service is only responsible for presenting the information we
receive from the Payee. Any discrepancies or disputes regarding the accuracy
of your electronic bill summary or detail must be addressed with the Payee
directly.
This Agreement does not
alter your liability or obligations that currently exist between you and
your Payees.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND
RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to
give or make available your password or other means to access your account
to any unauthorized individuals. You are responsible for all payments you
authorize using the Service. If you permit other persons to use the Service
or your password or other means to access your account, you are responsible
for any transactions they authorize. If you believe that your password or
other means to access your account has been lost or stolen or that someone
may attempt to use the Service without your consent or has transferred money
without your permission, you must notify the Service at once by calling
(734) 455-9200 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us
within two (2) Business Days after you discover your password or other means
to access your account has been lost or stolen, your liability is no more
than $50.00 should someone access your account without your permission. If
you do not tell us within two (2) Business Days after you learn of such loss
or theft, and we can prove that we could have prevented the unauthorized use
of your password or other means to access your account if you had told us,
you could be liable for as much as $500.00. If your monthly financial
institution statement contains transfers that you did not authorize, you
must tell us at once. If you do not tell us within sixty (60) days after the
statement was sent to you, you may lose any amount transferred without your
authorization after the sixty (60) days if we can prove that we could have
stopped someone from taking the money had you told us in time. If a good
reason (such as a long trip or a hospital stay) prevented you from telling
us, we may extend the period.
ERRORS AND QUESTIONS
In case of
errors or questions about your transactions, you should as soon as possible
notify us via one of the following:
-
Telephone us at (734) 455-9200 during customer service
hours;
-
Contact us by using the application's e-messaging
feature; and/or,
-
Write us at:
Michigan Educational Credit
Union
9200 Haggerty Road
Plymouth, MI 48170
If you think your
statement is incorrect or you need more information about a Service
transaction listed on the statement, we must hear from you no later than
sixty (60) days after the FIRST statement was sent to you on which the
problem or error appears. You must:
-
Tell us your name and Service account number;
-
Describe the error or the transaction in question, and
explain as clearly as possible why you believe it is an error or why you
need more information; and,
-
Tell us the dollar amount of the suspected error.
If you tell us verbally,
we may require that you send your complaint in writing within ten (10)
Business Days after your verbal notification. We will tell you the results
of our investigation within ten (10) Business Days after we hear from you,
and will correct any error promptly. However, if we require more time to
confirm the nature of your complaint or question, we reserve the right to
take up to forty-five (45) days to complete our investigation. If we decide
to do this, we will provisionally credit your Payment Account within ten
(10) Business Days for the amount you think is in error. If we ask you to
submit your complaint or question in writing and we do not receive it within
ten (10) Business Days, we may not provisionally credit your Payment
Account. If it is determined there was no error we will mail you a written
explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our
investigation. The Service may revoke any provisional credit provided to you
if we find an error did not occur.
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
transactions you make ONLY in the following situations:
-
Where it is necessary for completing transactions;
-
Where it is necessary for activating additional
services;
-
In order to verify the existence and condition of your
account to a third party, such as a credit bureau or Payee;
-
To a consumer reporting agency for research purposes
only;
-
In order to comply with a governmental agency or court
orders; or,
-
If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable
fees will be charged regardless of whether the Service was used during the
billing cycle. There may be a charge for additional transactions and other
optional services. You agree to pay such charges and authorize the Service
to deduct the calculated amount from your designated Billing Account for
these amounts and any additional charges that may be incurred by you. Any
financial fees associated with your standard deposit accounts will continue
to apply. You are responsible for any and all telephone access fees and/or
Internet service fees that may be assessed by your telephone and/or Internet
service provider.
FAILED OR RETURNED TRANSACTIONS
In using the
Service, you are requesting the Service 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 insufficient
funds in your Payment Account to cover the transaction), the transaction
will not be completed. In some instances, you will receive a return notice
from the Service. In such case, you agree that:
-
You will reimburse the Service immediately upon demand
the transaction amount that has been returned to the Service;
-
For any amount not reimbursed to the Service within
fifteen (15) days of the initial notification, a late charge equal to 1.5%
monthly interest or the legal maximum, whichever rate is lower, for any
unpaid amounts may be imposed;
-
You will reimburse the Service for any fees imposed by
your financial institution as a result of the return;
-
You will reimburse the Service for any fees it incurs in
attempting to collect the amount of the return from you; and,
-
The Service is authorized to report the facts concerning
the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement,
applicable fees and service charges may be altered or amended by the Service
from time to time. In such event, the Service shall provide notice to you.
Any use of the Service after the Service provides 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 applications, services, and/or
related material, which may render all such prior versions obsolete.
Consequently, the Service reserves the right to terminate this Agreement as
to all such prior versions of the applications, services, and/or related
material and limit access to only the Service's more recent revisions and
updates.
ADDRESS OR BANKING CHANGES
It is your sole
responsibility to ensure that the contact information in your user profile
is current and accurate. This includes, but is not limited to, name,
address, phone numbers and email addresses. Changes can be made either
within the application or by contacting Customer Service. Any changes in
your Payment Account should also be made in accordance with the procedures
outlined within the application's Help files. All changes made are effective
immediately for scheduled and future payments paid from the updated Payment
Account information. The Service is not responsible for any payment
processing errors or fees incurred if you do not provide accurate Payment
Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you
wish to cancel the Service, you may have the ability to do so through the
product, or you may contact customer service via one of the following:
-
Telephone us at (734) 455-9200 during customer service
hours; and/or
-
Write us at:
Michigan Educational Credit
Union
9200 Haggerty Road
Plymouth, MI 48170
Any payment(s) the
Service has already processed before the requested cancellation date will be
completed by the Service. All Scheduled Payments including recurring
payments will not be processed once the Service is cancelled. The Service
may terminate or suspend Service to you at any time. Neither termination nor
suspension shall affect your liability or obligations under this Agreement.
PAYEE LIMITATION
The Service
reserves the right to refuse to pay any Payee to whom you may direct a
payment. The Service will notify you promptly if it decides to refuse to pay
a Payee designated by you. This notification is not required if you attempt
to make a prohibited payment or an exception payment under this Agreement.
RETURNED PAYMENTS
In using the Service, you
understand that Payees and/or the United States Postal Service may return
payments to the Service for various reasons such as, but not limited to,
Payee's forwarding address expired; Payee account number is not valid; Payee
is unable to locate account; or Payee account is paid in full. The Service
will use its best efforts to research and correct the returned payment and
return it to your Payee, or void the payment and credit your Payment
Account. You may receive notification from the Service.
INFORMATION AUTHORIZATION
Your enrollment
in the Service may not be fulfilled if the Service cannot verify your
identity or other necessary information. Through your enrollment in the
Service, you agree that the Service reserves the right to request a review
of your credit rating at its own expense through an authorized bureau. In
addition, you agree that the Service reserves the right to obtain financial
information regarding your account from a Payee or your financial
institution (for example, to resolve payment posting problems or for
verification).
DISPUTES
In the event of
a dispute regarding the Service, you and the Service 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 the
Service which supersedes any proposal or prior agreement, oral or written,
and any other communications between you and the Service relating to the
subject matter of this Agreement. If there is a conflict between what an
employee of the Service or Customer Service Department says and the terms of
this Agreement, the terms of this Agreement will prevail.
ASSIGNMENT
You may not
assign this Agreement to any other party. The Service may assign this
Agreement to any future, directly or indirectly, affiliated company. The
Service may also assign or delegate certain of its rights and
responsibilities under this Agreement to independent contractors or other
third parties.
NO
WAIVER The
Service shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the Service. No
delay or omission on the part of the Service 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 of this Agreement.
GOVERNING LAW
This Agreement
shall be governed by and construed in accordance with the laws of the State
of Georgia, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL
CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO
EVENT SHALL THE SERVICE 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.
The Fees For MECU's Bill
Payment Service Are As Follows:
One-Time Setup/Enrollment Fee - No Charge
Bill Payment Fee Per Month - No Charge
Per Return Item (NSF)- $25.00
Per Stop Payment - $25.00
