Terms & Conditions for Quicken Bill Pay
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PAYMENT SERVICE
As used in these Terms and Conditions (the
Agreement), the term "Payee" means the person or entity to whom you wish a bill payment to be
directed; "Payment Instruction" means 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 payment date); "Payment Account" means your checking account from which all bill payments will
be made; "Business Day" means Monday through Friday, excluding Federal Reserve holidays; "Scheduled
Payment Date" means the Business Day of your choice upon which your bill payment will begin
processing and your Payment Account will be debited and, "Cutoff Time" means 8:00 p.m. Eastern Time
on any Business Day and is the time by which you must transmit Payment Instructions to have them
considered entered on that particular Business Day.
By providing the Service with the names and account
information of those Payees to whom you wish to direct payment, you authorize the Service to follow
the Payment Instructions that it receives through the payment system.
When the Service receives a Payment Instruction,
you authorize the Service to debit your Payment Account on the selected Scheduled Payment Date and
remit funds to the Payee on your behalf. While it is anticipated that most transactions will be
processed and completed on the next Business Day after your Scheduled Payment Date, and arrive
approximately four (4) Business Days after your selected Scheduled Payment Date, it is understood
that due to circumstances beyond the control of the Service, particularly delays in handling and
posting payments by slow responding Payees or financial institutions, some transactions may take a
day or even a few days longer to be credited by your Payee to your Payee account.
For this reason, it is necessary that all
Scheduled Payment Dates selected by you be no less than five (5) Business Days before the actual
due date, not the late date and/or a date in the grace period. (For example, the payment should be
entered no later than Monday before 8 p.m. Eastern Time for a payment to be processed on Tuesday,
with an expected arrival date of Friday.) Payment Instructions entered after the Cutoff Time or on
non-Business Days will be considered entered in the Service on the next Business Day. If you properly
follow the procedures described herein, and the Service fails to send a payment according to the
Payment Instructions received, the Service will bear responsibility for late charges ($50.00 maximum).
In any other event, including, but not limited to, choosing a Scheduled Payment Date less than five
(5) Business Days before the actual due date, the risk of incurring and the responsibility for paying
any and all late charges or penalties shall be borne by you. A bill payment is In Process starting
at the Cutoff Time on the Business Day prior to the Scheduled Payment Date and continuing up to the
next Business Day after the Scheduled Payment Date. A bill payment is a Pending Payment starting from
the time you enter Payment Instructions until the payment is In Process. A bill payment is considered
Completed on the next Business Day after the Scheduled Payment Date. You may cancel or edit any
Pending Payment (including recurring payments) by following the directions within the application.
There is no charge for canceling or editing a Pending Payment. We may not have a reasonable opportunity
to act on any stop payment or cancellation order given after a payment is In Process, and it is not
possible to stop or cancel a payment which is Completed. If you desire to cancel or stop any payment
which is In Process, you must call the Customer Service Department at (800) 462-6765. Although we
will make every effort to accommodate your request, we will have no liability for failing to do so.
Stop payment requests sent to us via electronic mail or in any other manner will not reach us in
time for us to act on your request. Such stop payment requests will be accepted only if we have a
reasonable opportunity to act on such requests. If you call, we may also require you to present your
request in writing within fourteen (14) days after you call. The charge for each stop payment order
will be the then current charge for such service as set forth in the applicable fee schedule.
The Service will use its best efforts to make all
your payments properly. However, the Service 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 transaction or the transaction 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 by the Service.
- You have not provided the Service with the correct name, phone number or account information for the Payee.
- Circumstances beyond the Service's control (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 five (5)
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.
PROHIBITED PAYMENTS
The following payments are prohibited through the Service:
-
Tax Payments.
- Court ordered payments.
- Payments to Payees outside of the United States.
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.
EXCLUSIONS OF WARRANTIES
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.
PASSWORD AND SECURITY
You agree not to give or make available your
bill payment password or other means to access your account to any unauthorized individuals. You are
responsible for all bill payments you authorize using the Service. If you permit other persons to use
the Service or your bill payment password or other means to access your account, you are responsible
for any transactions they authorize. If you believe that your bill payment 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 (800) 462-6765, during normal customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after
you discover your bill payment password or other means to access your account has been lost or stolen,
you can lose no more than $50.00 if someone uses your bill payment password or other means to 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 bill payment password or other means to access your account if you had told us, you could lose
as much as $500.00.
If your monthly statement contains transfers that
you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was
mailed 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 possible:
-
Telephone us at 800-462-6765 during normal customer service hours or,
- Write us at:
CHECKFREE
P.O. Box 2168
Columbus, OH 43216-2168
If you think that your statement is wrong or you
need more information about a bill payment listed on the statement, we must hear from you no later than
sixty (60) days after you received the FIRST statement on which the problem or error appeared.
You must:
-
Tell us your name and the Service account number.
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
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. If we need
more time, however, we may take up to forty-five (45) days to investigate the complaint or question. 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, so that you may have the use of the money during the time it
takes us to complete our investigation. If we ask you to put 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 we decide there was no error, we will mail you a written explanation within three (3)
Business Days after we finish the investigation. You may ask for copies of documents which we used in
our investigation. The Service may revoke any provisional credit provided to you if we find that 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.
- 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.
If you give us your written permission.
CHARGES
You will be charged a fixed fee per month for
transactions up to the Service's standard monthly maximum. This fixed fee 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 charge your designated Payment Account for these amounts and any additional charges that may be
incurred by you. Any 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.
IN THE EVENT A SERVICE TRANSACTION IS RETURNED
In using the Service, you are requesting the
system 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 CHECKFREE. 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.
The Service is authorized to report the facts concerning the return to a credit reporting agency.
ALTERATIONS AND AMENDMENTS
These Terms and Conditions (the Agreement),
applicable fees and service charges may be altered or amended by the Service from time to time. In
such event, the Service shall send notice to you at your address as it appears on the Service's
records. Any use of the Service after the Service 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, the Service reserves the right to terminate this Agreement as to all such prior
versions of the programs, services, and/or related material, and limit access to the Service's more
recent revisions and updates.
ADDRESS OR BANKING CHANGES
You agree to promptly notify in writing the
Customer Service Department of any address change. Additionally, you agree to notify the Customer
Service Department in writing at least ten (10) Business Days in advance of any change in your Payment
Account or your banking status.
TERMINATION OR DISCONTINUATION
In the event you wish to discontinue the
Service, you must contact the Customer Service Department in writing. Such notice of service
discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be
sent to:
CHECKFREE
P.O. Box 2168
Columbus, OH 43216-2168
The Service may terminate service to you at any time and/or revoke your right to use software. Neither
termination nor discontinuation 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 is obligated to 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 under this Agreement.
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 financial
institution to resolve payment-posting problems.
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 the 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.
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