Terms & Conditions

Bill Pay Manager Service
The terms and conditions enumerated below apply solely to Bank's Bill Pay Manager Service. These terms apply to Customer if and only if Customer enrolls in this Service, as evidenced by the submission to Bank of an Enrollment Request by Customer's duly authorized representative.

1. Statement of Service. Bank shall provide to Customer a secure online method of issuing payments from its deposits accounts to third parties. Pursuant to the Service Customer can establish payees to whom payments can be made, schedule such payments to occur in advance at Customer's convenience, and set up recurring payments. The Service is accessed through a single sign on link from Treasury Manager (which as
used in this section shall refer to Treasury Manager, as applicable) and Customer must be enrolled in Treasury Manager in order to enroll for the Service. After login, the User will be directed to a special landing page for the Service. Payments are initiated either as an electronic payment, virtual credit card payment or as a check depending on the types of payments the payee can accept. From time to time Bank, in its discretion, may add and/or eliminate types of accounts that are eligible to use the Service, and may alter features or functions of the Service to meet the changing business needs of the Bank and its customers.
2. Definitions. In addition to the definitions contained in the General Terms and Conditions, the following definitions shall apply with respect to the Bill Payment Service:

a. Bill Payment or Payment means the remittance of funds, initiated through the Service, from an Account to a Payee.
b. Bill Payment Service means the Bill Payment Service offered by Bank, through our Bill Payment Service provider.
c. Deliver By Date is the day you want your Payee to receive your Payment and is also the day your Payment Account will be debited (unless we choose to send a check), unless the Deliver By Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
d. Electronic means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities, including Virtual Card Payments.
e. Treasury Manager means the commercial online banking service(s) described in this Agreement.
f. Payee means any person or entity to which you direct a Payment through the Service.
g. Payment Account is the checking account(s) from which bill payments will be debited, whether one, or more than one.
h. 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 Deliver By Date).
i. Prohibited Payments include Payment for taxes, Payments that are court-ordered, government payments, Payments to Payees outside of the United States or its territories and any Payment to any unlawful Internet gambling web site or other enterprise that engages in activities prohibited by local, state or federal law.
j. Scheduled Payment is a Payment that has been scheduled through the Service but has not begun processing. Scheduled Payments are often referred to as Pending Payments.
k. User Name means the name assigned by the system or selected and used by Customer to gain access to Bank?s Treasury Manager Service.
l. Virtual Card Payment refers to an electronic payment delivered to a Payee by the Bank's Bill Payment Service provider using a single use 16-digit number combination that acts as a non-tangible credit card paid to a designated beneficiary payee. This method of payment may be used to make payments only to those Payees that have registered with Bank's Bill Payment Service provider to accept payments through this methodology.

3. Bill Payment Service Terms and Conditions.

a. Permissible Payees. Your Payee list for the Service may include utility companies, merchants, financial institutions, insurance companies, individuals, and others, etc. within the United States to whom you wish to make payments through the Bill Payment Service. You agree to provide us such information as we may request from time to time in order to process a Scheduled Payment, This information may include, for example, a complete mailing address and telephone number for a Payee, along with your Payee account number or a valid email address that may be used for Payments to be made electronically using email verification services. The Bank reserves the right to decline to make Payments to certain persons and entities. You agree that you will not attempt to use the Service to make Prohibited Payments. 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. Customer also agrees that Bank shall have no liability to Customer for refusal to process any transaction or to act on any request by Customer that exceeds the limits or restrictions established by Bank from time to time, as disclosed to Customer through the Service or otherwise. Payments are posted against your ledger balance, plus the available credit on your overdraft protection, if any, or other line of cred it.

b. Payment Scheduling. The earliest possible Deliver By Date for each Payee will be designated within the application when you are scheduling a Bill Payment. Therefore, the application will not permit you to select a Deliver By Date less than the earliest possible Deliver By Date designated for each Payee. You should ensure that the Deliver By Date you select for each Payment must be prior to any late date or grace period. You may schedule Payments to be initiated on a future date or on the same date of each month. Changes to a previous Deliver By Date must be made the Business Day before the day the Scheduled Payment is to be initiated. Although you can enter Payment information through the Service twenty-four (24) hours a day, seven (7) days a week, the Bank only initiates Payments on Business Days. Funds will be deducted from your account on the effective date of the Payment. If you direct the initiation of a Payment or a Recurring Payment to occur on a day other than a Business Day, it will be initiated on the following Business Day. Because of the time it takes to send your Payment, sufficient time should be allowed for the Payee to receive the Payment. Payments should be entered into the Service sufficiently in advance of the date your Payment is due, excluding any applicable grace periods, to allow your payment to process timely prior to your intended Deliver By Date for each Scheduled Payment. The Service may apply aggregate, daily, periodic and transactional limits (collectively referred to as, "Bill Pay Limits") on the amount of transactions you can make using the Service as may be disclosed to you by Bank from time to time on a separately provided schedule. These various limits shall also impact the Bill Payments that you may schedule through the Service, as the Service will not permit you to schedule Payments in excess of any applicable limits. All such Bill Pay Limits are subject to change from time to time in the Bank?s discretion. Payments can only be made in U.S. currency.

c. Recurring Payments and Transfers. Recurring Payments and Transfers are those made for the same amount, on the same date, on a weekly, bi-monthly, monthly basis, etc. Once started, recurring Payments and Transfers will be made automatically until you delete the Scheduled Payment or upon expiration. If you have scheduled a series of Recurring Payments, Scheduled Payments in the series that fall on Deliver By Dates that are not business days well be processed on the prior business day. When using recurring Payments, it is the responsibility of the account owner or designated authorized users to update Payee account information such as address changes, account numbers, email changes, etc. as necessary to ensure proper delivery of any Scheduled Payment.

d. Payment Authorization and Payment Remittance. By providing the Service with requested information related to the Payees to whom you wish to direct Bill Payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process Bill 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 Deliver
By Date that you designated for the Payment. You also authorize the Service to credit your Payment Account for Bill 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 Bill Payments properly. However, the Service shall incur no liability 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:

i. 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;
ii. 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; and/or
iii. 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.

e. 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, a virtual card payment, or a laser draft/check payment (funds remitted to the Payee are deducted from your Payment Account when the laser draft /check is presented to Bank for payment).

f. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) before the payment has been processed 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. If a Scheduled Payment was made by a check, a stop payment request may be submitted to the Bank?s Treasury Management Response Support Team before the check has cleared for payment subject to the conditions set forth in Subsection (g) below. Normal Stop Payment fees apply.

g. Stop Payment Requests On Checks. The Service?s ability to process a stop payment request on a check will depend on whether or not such Payment has cleared and the timeliness of the request. Stop payment requests must be for a specified amount and cannot be set as a range of values. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. Although the Service will make every effort to accommodate timely submitted stop payment requests, the Service will have no liability for failing to do so. Stop payment requests will only be accepted if we have a reasonable opportunity to act on such request. The Service may also require you to present your request in writing within fourteen (14) days after you call in a stop payment. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule in effect at the time of the request. A stop payment request placed through Treasury Manager (not through the Bill Payment Service) must be placed before 8:00 p.m. Central Time in order to be processed that business day. A stop payment request can only be placed on payments made by check and the Service cannot accept stop payment requests on an electronic Bill Payment transaction.

h. Reporting Unauthorized Transactions or Fraudulently Induced Payments. Contact 1-866 594 2304 immediately (i) if you suspect that your account was compromised and believe that an unauthorized transaction was made on your account without your knowledge, consent or facilitation. If you suspect that you were induced to make a Payment through the Service as a result of a fraudulent or deceptive act or operation (referred to as a "Scam") please contact 1 866 594 2304. The Service has no obligation to reimburse you for any Unauthorized Transaction or Payments induced through a suspected Scam, however, the fraud department of our Bill Payment Service provider will investigate suspected Unauthorized Transactions and suspected Scams will be researched by our Bill Payment Service provider?s Payment Research team. You agree to promptly provide any information, documentation or affidavits as may reasonably be required in connection with any such investigation.

i. Bill Delivery and Presentment. This feature of the Service 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:

i. 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. The Service may, at the request of the Payee, provide to the Payee your e-mail address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about Service and/or bill information.
ii. 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.
iii. Authorization to obtain bill data. Your activation of the electronic bill feature for a Payee shall be deemed by us to be your authorization for us to obtain bill data from the Payee on your behalf. For some Payees, you will be asked to provide us with your user name and password for that Payee?s Web site. By providing us with such information, you authorize us to store and use the information to obtain your bill data.
iv. 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 log on 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.
v. 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.
vi. 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.
vii. Accuracy and dispute of electronic bills. 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 the obligations that currently exist between you and your Payees.

j. 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 or email address 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.

k. Failed or Returned Transactions. By using the Service, you are requesting us 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 may receive a return notice from Bank. In such cases, you agree that:
i. You will reimburse Bank immediately upon demand the transaction amount that has been returned to Bank;
ii. For any amount not reimbursed to Bank 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;
iii. You will reimburse Bank for any fees imposed by your financial institution as a result of the return;
iv. You will reimburse Bank for any fees it incurs in attempting to collect the amount of the return from you; and
v. Bank is authorized to report the facts concerning the return to any credit reporting agency.

l. Information Authorization. Through your enrollment in the Service, you agree that Bank and/or its Bill Payment Service provider reserve the right to obtain financial information regarding your account from a Payee or Bank (for example, to resolve payment posting problems or for verification).

m. Disputes. In the event of a dispute regarding the Service, you and Bank 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 Bank with regard to the Bill Payment Service, and that this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee or agent of Bank says and the terms of this Agreement, the terms of this Agreement will prevail. The parties acknowledge that Bank's third party service provider for Bill Payment Services is an intended third party beneficiary of this Agreement with respect to Bill Pay Services.