Terms & Conditions

BAY FEDERAL CREDIT UNION
BILL PAY AGREEMENT AND DISCLOSURE

You may use Bay Federal Credit Union's Bill Pay service to direct Bay Federal Credit Union
to make payments from your designated checking account to the “Payees” you choose in
accordance with this Agreement. The terms and conditions of this Agreement are in
addition to the account agreements, disclosures and other documents in effect from time to
time governing your account.

"You" or "Your" means each person who is authorized to use the service. "Payee" means
anyone, including Bay Federal Credit Union, you designate and Bay Federal Credit Union
accepts as a “Payee.” “Credit Union,” “we,” “us,” and “our” mean Bay Federal Credit Union.

ACCESSING THE SERVICE

• When you complete your bill paying enrollment form, you will select a User I.D. and a
Personal Identification Number (PIN).

• Each time you access the service, you will be asked to enter your User I.D. and PIN.
Upon the first log in, you will select a Security Key. The Security Key will flash when you
access the site. You will be able to identify your chosen key and confirm you have accessed
the correct site.

• Three (3) incorrect login attempts will cause the account to be locked out.

HOW TO SET UP PAYEES/PAYMENTS HOW TO SET UP PAYEES/PAYMENTS

• If you want to add a new “Payee,” select the “Payee” tab located in your Bill Pay
application or speak to a service representative.

• You may add a new fixed payment to a “Payee” by accessing the service and entering the
appropriate information. Most other additions, deletions, or changes can be made in writing
or by using the service.

• The Credit Union reserves the right to refuse the designation of a “Payee” for any reason.

• You may pay any “Payee” within the United States (including U.S. territories and APO’s /
AEO’s).

• The Credit Union is not responsible for payments that can not be made due to incomplete,
incorrect, or outdated information.

• Any Payee you wish to pay through the Bill Payment service must be payable in U.S.
Dollars. Each Payee must appear on the Payee list you create and the account you are
paying must be in your name. You may not use Bill Payment service to make payments to
a federal, state, or local government or tax unit, or to other categories of Payees that the
Credit Union may establish from time to time.

THE BILL PAYING PROCESS

Single Payments – A single payment will be processed on the business day that you
designate as the payment’s process date, provided the payment is submitted prior to the
daily cut-off time on that date. Our business days are Monday through Friday, except
holidays. The daily cut-off time is currently 1pm PST. If the cut-off time changes, the
Credit Union will provide notice of the new cut-off time in accordance with the
Amendment/Termination subsection below.

A 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 date as the
payment’s process date, the payment will be processed on the first business day following
the designated process date.

Recurring Payments – When a recurring payment is processed, it is automatically
rescheduled by the system. Based upon your selected frequency settings for the payment,
a process date is calculated for the next occurrence of the payment. If the calculated
process date is a non-business date, it is adjusted based upon the following rules:

• If the recurring payment's “Pay Before” option is selected, the process date for the new
occurrence of the payment is adjusted to the first business date prior to the calculated
process date.

• If the recurring payment’s “Pay After” option is selected, the process date for the new
occurrence of the payment is adjusted to the first business date after the calculated process
date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st
as a particular day of the month for processing and that day does not exist in the month of
the calculated process date, then the last calendar day of that month is used as the
calculated process date.

SINGLE AND RECURRING PAYMENTS

The system will calculate the Estimated Arrival Date of your payment, this is only an
estimate, please allow ample time for you payments to reach your “Payees.” If you do not
allow sufficient time, you will assume full responsibility for all late charges, finance charges,
or other actions taken by the Payee.

IMPORTANT: Payment may take up to five (5) days for each Payee, as they are sent either
electronically or by check. The Credit Union is not liable for any service or late charges
levied against you.

CANCELLING A PAYMENT

A bill payment can be changed or cancelled anytime prior to the cutoff time on the
scheduled process date. If you want to stop any individual bill payment or revoke an entire
preauthorized payment authorization, you must call us at: (831) 479-6000, or write us at
Bay Federal Credit Union, 3333 Clares Street, Capitola, CA 95010 in time for us to receive
your stop request no less than three (3) business days or more before the next payment is
scheduled to be made. If you call, we may also require you to put confirmation of your
request in writing at the above address and get it to us within fourteen (14) days after you
call. An oral request ceases to be binding after fourteen (14) days if you have not provided
us with your required written confirmation of your request. We will charge you for each
stop payment or revocation request we give pursuant to our current Schedule of Fees and
Charges. If you have given us a request to revoke an entire preauthorized payment
authorization, you understand and agree that you must also promptly contact the third party
to cancel (revoke) the entire preauthorized payment authorization and provide us with a
copy of your written revocation notice to the third party.

AVAILABLE FUNDS

You agree to have available and collected funds on deposit in the account you designate in
amounts sufficient to pay for all bill payments requested as well as any other payment
obligations you have to the Credit Union.

• The Credit Union reserves the right, without liability, to reject or reverse a bill payment if
you fail to comply with the above requirement or any other term of this Agreement.

• If you do not have sufficient funds in the account and the Credit Union has not exercised
its right to reverse or reject a bill payment, you agree to pay for such payment obligations
on demand.

• You further agree that the Credit Union, at its option, may charge any of your accounts to
cover such payment obligations.

• A written notice will be sent to you of transactions the Credit Union is unable to process
because of insufficient available funds. In all cases, you are responsible for either making
alternate arrangements for the payment, or rescheduling the payment through Bill Payment
service. Insufficient available funds will prevent you from making more payments until
resolved. You authorize the Credit Union, and any third-party acting on the Credit Union’s
behalf, to choose the most effective method to process your payments. You will receive a
transaction confirmation number for each properly instructed payment. Unless you receive a
confirmation number, the Credit Union shall not be liable for any failure to make a payment.

LIABILITY

• You are solely responsible for controlling the safekeeping of and access to, your Personal
Identification Number (PIN).

• You are liable for all transactions you make or that you authorize another person to make,
even if that person exceeds his or her authority.

• If you want to terminate another person's authority, you must notify the Credit Union and
arrange to change your PIN.

• You will be responsible for any bill payment request you make that contains an error or is
a duplicate of another bill payment.

• The Credit Union is not responsible for a bill payment that is not made if you did not
properly follow the instructions for making a bill payment.

• The Credit Union is not liable for any failure to make a bill payment if you fail to promptly
notify the Credit Union after you learn that you have not received credit from a Payee for a
bill payment.

• The Credit Union is not responsible for your acts or omissions or those of any other
person, including, without limitation, any transmission or communications facility, and no
such party shall be deemed to be the Credit Union's agent.

• IN ANY EVENT, THE CREDIT UNION WILL NOT BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE LOSSES, DAMAGES, OR EXPENSES IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF THE CREDIT UNION HAS
KNOWLEDGE OF THE POSSIBILITY OF THEM.

• The Bill Payment service provider is responsible only for exercising ordinary care in
making payments upon your authorization and for mailing or sending a payment to the
Payee in accordance with this Agreement. The Credit Union and the Bill Payment service
provider are not liable for any damages you incur if you do not have sufficient funds in your
designated checking account to make the payment on the processing date, if the estimated
time to allow for delivery to the Payee is inaccurate, or due to delays in mail delivery,
changes of Payee address or account number, the failure of any Payee to credit the account
correctly for the payment in a timely manner, or for any other circumstances beyond the
control of the Credit Union or the Bill Payment service provider.

• The Credit Union is not liable for any act, failure to act, or delay in acting if it is caused, in
whole or in part, by any cause beyond the Credit Union's reasonable control.

• Neither the Credit Union nor the Bill Payment service provider will be liable for any
transaction if: (i) you do not have enough money in your account to complete the
transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is
closed or has been frozen; (iv) the transaction would cause your balance to go over the
credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you
allow, commits fraud or violates any law or regulation in connection with the Bill Payment
service; (vi) any electronic terminal, telecommunication device, or part of the electronic
fund transfer system is not working properly; (vii) you did not provide us with complete and
correct payment or transfer information; (viii) you did not properly follow the instructions
for use of the Bill Payment service; (ix) you knew that the Bill Payment service was not
operating properly at the time you initiated the transaction or payment; (xi) there is a postal
delay; or (xi) circumstances beyond our control (such as fire, flood, or improper
transmission or handling by a third party) that prevent, hinder, or delay the transaction.

UNAUTHORIZED TRANSACTIONS

If your PIN/password has been lost or stolen, you could lose all the money in your account
(plus your maximum overdraft line of credit). You must tell the Credit Union immediately if
you believe your PIN/password has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. A written notification to us should follow your telephone
call.

UNLAWFUL TRANSACTIONS/INTERNET GAMBLING

The Bill Pay service may not be used for any illegal activity or transaction. You understand
that you may not utilize your Account or the Bill Pay service for the purchase of any goods
or services on the Internet that involve online gambling of any sort. Prohibited activity and
transactions include, but may not be limited to, any quasi-cash or online gambling
transaction, electronic commerce gambling transaction conducted over an open network,
and any betting transaction including the purchase of lottery tickets or casino gaming chips
or off-track betting or wagering. The Credit Union may deny authorization of any
transactions identified as gambling. However, in the event that a transaction described in
this paragraph is approved and processed, you will still be responsible for such transaction.

BILLING ERRORS


We must hear from you no later than sixty (60) days after we sent the first statement on
which the problem appears.

•Tell us your name and account number.
•Describe 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 us your complaint or question in
writing within ten (10) business days. 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 credit your
account.

Also, if your statement shows bill payments 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 not get
back any money lost after the sixty days (60) if we can prove that we could have stopped
someone from making the bill payment if you had told us in time. If you can document a
good reason (such as a hospital stay or a long trip) kept you from telling us, we will extend
the time periods.

AMENDMENT/TERMINATION

• The Credit Union has the right to change this Agreement at any time by notice mailed to
you at the last address shown for the account on record, by posting notice in branches, or
as otherwise permitted by law.

• The Credit Union has the right to terminate this Agreement at any time.

• You may terminate this Agreement by written notice to the Credit Union at Bay Federal
Credit Union, 3333 Clares Street, Capitola, CA 95010. You must cancel all outstanding
payment orders with the Payee(s) before notifying the Credit Union to terminate this service.

• The Credit Union is not responsible for any fixed payment made before we have a
reasonable opportunity to act on your termination notice.

• You will be responsible for all payment instructions made prior to termination and for all
other applicable charges and fees.

SERVICE FEES

There is no monthly service charge for using the Credit Union's Bill Pay service. However,
additional charges for customer requested services and other items as applicable.

There will be No Charge for any item if needed to correct a Credit Union error.

• Written Correspondence to “Payee:” $10.00

• Per proof of payment not necessitated by a dispute: $10.00

• Payments returned due to customer error: $5.00

• Reinstate Fee: $50.00

MISCELLANEOUS PRODUCT FEES

• Overnight Fee: $14.95

• 2nd Day Fee: $9.95

The Credit Union reserves the right to charge you for research time involving payments no
longer available in your screen history.

You will be informed of any such charges before they are incurred. Bill payments are
processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers
Disclosure Statement, received when you opened your account, which discloses important
information concerning your rights and obligations.

DAMAGES AND WARRANTIES

IN ADDITION TO THE TERMS PREVIOUSLY DISCLOSED, THE CREDIT UNION IS NOT
RESPONSIBLE FOR ANY LOSSES, ERRORS, INJURIES, EXPENSES, CLAIMS, ATTORNEY’S
FEES, INTEREST, OR OTHER DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL, (COLLECTIVELY, “LOSSES”) CAUSED BY THE BILL
PAYMENT SERVICE OR IN ANY WAY ARISING OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE OR SOFTWARE, INCLUDING
ANY SOFTWARE PROVIDED BY THE CREDIT UNION OR ONE OF ITS SUPPLIERS.

In addition, the Credit Union disclaims any responsibility for any electronic viruses you may
encounter after installation of such software or use of the Bill Payment Service. Without
limiting the foregoing, neither the Credit Union nor the Bill Payment service provider shall
be liable for any: (i) failure to perform or any Losses arising out of an event or condition
beyond their reasonable control, including, but not limited to, communications breakdown or
interruption, acts of God, or labor disputes; or (ii) the loss, confidentiality, or security of any
data while in transit via the Internet, communication lines, postal system, or ACH network.
The Credit Union and the Bill Payment service provider provide the Bill Payment service
from their own sites and they make no representation or warranty that any information,
material, or functions included in the Bill Payment service are appropriate for use by you in
your jurisdiction. If you choose to use the Bill Payment service, you do so on your own
initiative and are solely responsible for compliance with applicable local laws and
regulations. Neither the Credit Union nor the Bill Payment service provider warrant the
adequacy, accuracy, or completeness of any information provided as a part of the Bill
Payment service, or contained in any third party sites linked to or from the Credit Union’s
web site. THE CREDIT UNION MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE ACCURACY, FUNCTIONALITY, OR PERFORMANCE OF THE BILL PAYMENT
SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. THE
CREDIT UNION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ERROR-
FREE OPERATION.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless the Credit Union and its officers, employees,
directors, suppliers, and agents, in their individual capacities or otherwise, from and against
any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable
law; or (iii) your failure to comply with the terms of this Agreement.

ADDITIONAL REMEDIES

Due to the likelihood of irreparable injury, the Credit Union shall be entitled to an injunction
prohibiting any breach of this Agreement by you.

APPLICABLE RULES, LAWS, AND REGUALTIONS

You understand and agree that this Agreement and all questions relating to its validity,
interpretation, performance, and enforcement shall be governed by and construed in
accordance with the internal laws of the State of California, notwithstanding any conflict-of-
laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit
to the personal jurisdiction of the courts of the State of California.

SEVERABILITY

If there is a conflict between the terms and conditions of this Agreement and one or more
terms contained in another Agreement between you and the Credit Union, this Agreement
will control.

WAIVER

The Credit Union shall not, by the mere lapse of time, without giving notice or taking other
action, be deemed to have waived any of its rights under this Agreement. No waiver by the
Credit Union of any breach of any provision of this Agreement shall constitute a waiver of
any prior or subsequent breach of this Agreement.

FORCE MAJEURE

Neither party shall be liable for any loss nor damage due to causes beyond its control,
including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor
disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military
authorities or the public enemy, inability to secure raw materials, transportation facilities,
fuel or energy shortages, acts or omissions of communications carriers, or other causes
beyond that party’s control. Either party may terminate this Agreement immediately on
written notice if the other party is prevented from performing its obligations under this
Agreement for a period of more than thirty (30) days due to the reasons set forth in this
subsection.

CONSTRUCTION

This Agreement shall be construed equally against the parties regardless of who is more
responsible for its preparation. If there is a conflict between a part of this Agreement and
any present or future law, the part of this Agreement that is affected shall be curtailed only
to the extent necessary to bring it within the requirements of that law.

ESIGN DISCLOSURES

Consent: By clicking “Submit” below and/or by the use of the Bill Payment service, you
consent (initially and on an ongoing basis) to (1) the delivery by us to you of this Bill Pay
Agreement and Disclosure by electronic means and (2) the provision to you by us of the Bill
Payment service on an ongoing basis, subject to the terms and conditions of this
Agreement.

To obtain a paper copy of this Agreement, you may print a copy using your computer’s print
function or write to us at Bay Federal Credit Union, 3333 Clares Street, Capitola, CA 95010
with the details of your request. If I request a paper copy, it will be provided to you at no
charge.

You may withdraw your consent to receive this service at any time by terminating this
Agreement as set forth above.

Minimum System Requirements: In order to receive and review this Agreement
electronically and to use the service, the following computer system requirements must be
satisfied:

Internet Explorer 6.0 or higher
Mozilla Firefox 1.5 or higher
Safari 2.0, but not 3.0
Netscape 7.0 or higher

In addition, you must have and maintain a printer capable of printing this Agreement and
any disclosures that are e-mailed to you and/or made available on our website. In the
alternative, you must have and maintain the ability to electronically save and visually
display on your computer screen any disclosures that are e-mailed to you and/or made
available on our website.

Change of Personal Information: Any change of postal, home, e-mail address of record, or
other changes may not be made through the Service. You must notify us of such changes
immediately. Any such changes may only be made in person or in writing sent to our postal
address.

BY CLICKING “SUBMIT” BELOW, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND
THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.