NVB BUSINESS BILLPAY SERVICE AGREEMENT/DISCLOSURE
This document is your business bill paying agreement (the "Agreement") with Nodaway Valley Bank (the "Bank"). You may use Nodaway Valley Bank's business bill paying service, NVB Business BillPay (the "Service"), to make payments from your designated account(s) 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.
As used in this Agreement, "you" or "your" means each person authorized to use the Service; "payee" means anyone, including the Bank, which you designate to pay using the Service; "payment" means any type of transaction scheduled using the Service.
FEES
Monthly Service Charge: The standard service charge for using the Service is $19.95 and includes 25 bill payments. 1 payroll file=1 bill payment. This fee will be assessed beginning the third month of access to the Service and will be incurred monthly afterwards until your access is terminated with the Bank.
Transaction Charge: Additional bill payments are $.50 each.
Returned item fee = $10 per item
ACCESSING THE SERVICE
When completing the business billpay enrollment form, you will select your user id and personal identification number (PIN). Once your access has been approved, you will be asked to enter this information each time you attempt to access the Service.
MANAGING USERS
The primary business billpay user will have full authority to add new users, delete user access, and grant permission to new/existing users. Once a user is created or granted permission, these permissions may be modified or deleted at any time by the primary user or any user that has been granted the authority to manage users. If you wish to terminate another user's authority, that user's access must be immediately deleted by logging in to the Service and selecting "manage user".
PAYEES
Sufficient payee information is required in order to properly identify the correct recipient. Payees must be located within the United States of America, no funds will be sent outside the United States of America. Once a new payee has been added, payments may be immediately scheduled. If a payee requires activation, payments may be scheduled prior to activation but will not be processed until activation has been completed.
SCHEDULING INFORMATION
The daily cutoff time is currently 2:00 pm CST. Payments submitted after the cutoff time can be processed no earlier than the following business day. Business days are generally Monday through Friday, except certain holidays (a list of these holidays may be found at www.nvb.com). Payments will be debited from your account on the business day you designate as the payment's process date. Any payment that requires additional approval cannot be processed until approval has been submitted.
CANCELLING OR MODIFYING PAYMENTS
Scheduled payments may be changed and/or cancelled prior to the daily cutoff time of the payment process date. Cancellations may also be completed prior to 11:00 am CST the day following the payment process date by contacting NVB BillPay Services toll free at 866-235-1290.
DELIVERY OF PAYMENTS
The system will calculate the estimated arrival date of your payment. This is only an estimate, so please allow ample time for your payments to reach your payees. For faster delivery, the Service allows rush delivery for an additional fee. The fees and terms associated with rush delivery may be reviewed when scheduling your payment.
ELECTRONIC FUNDS TRANSFER AGREEMENT
Payments sent electronically are processed by electronic fund transfers (EFT). Please refer to the Electronic Fund Transfers Disclosure Statement provided to you when you opened your account. You are bound by said document, which discloses important information concerning your rights and obligations beyond those expressed in this Agreement.
NO SIGNATURE REQUIRED
When using the Service, you agree that the Bank may debit your account as specified to process checks or electronic payments that you have not signed by hand or by legally acceptable form of electronic signature (e.g. digital signature).
AVAILABLE FUNDS
You agree to have available funds in your account to pay all payments as requested using the Service, as well as, any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a payment if you fail to comply with this requirement or any other terms of this Agreement. In the event that a payment causes an overdraft condition on your account, you may be subject to fees and will be obligated to take care of the overdrawn balance (including fees and paid items).
EQUIPMENT
You are responsible for the installation, maintenance, and operation of the equipment necessary to utilize the Service including any computer(s), telephones, software, and related equipment ("the Equipment"). You assume the risk of error, failure or nonperformance related to your Equipment, including the risk and liability you may incur or sustain if you do not operate your Equipment correctly. The Bank is not responsible or liable for any errors or failures resulting from a malfunction or defect of your Equipment in connection with your use of the Service. The Bank is not responsible or liable for any computer related virus that may be associated with the use of the Service. The Bank shall have no liability to you for any damage or loss, direct or consequential, which you may suffer or incur from the use of your Equipment.
LIABILITY
You will be responsible for:
a. Controlling the safekeeping of and access to your user id and PIN.
b. Any payment request you make that contains an error or is a duplicate of another payment.
The Bank shall not be held liable in the event a payment cannot be made if:
a. You fail to activate your payee prior to the payment process date.
b. Additional approval (only if required) is not completed prior to the payment process date.
c. You did not properly follow the instructions for making a payment.
d. Your access to the Service has expired, been restricted, or terminated by the Bank.
e. You do not have available funds for the payment to be paid.
f. You fail to promptly notify the Bank after you learn that you have not received credit from a payee for a payment
g. The Service is unavailable for any reason outside the Bank's reasonable control.
h. A malfunction, defect, or other problem occurs with your Equipment, together with any operator errors you may commit, inadvertent or otherwise, in operating the Equipment.
LIMITATIONS OF LIABILITY; NO WARRANTIES
NVB BUSINESS BILLPAY SERVICE AND THE ELECTRONIC BANKING INCIDENT TO SAID SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABTILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, INTERNET BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF ELECTRONIC BANKING, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS OR INCOMPATABILITY OF COMPUTER HARDWARE OR SOFTWARE.
INDEMNIFICATION
You acknowledge and agree that you are responsible for your, your officers, employees and agents conduct while using the Service and agree to indemnify and hold the Bank and our officers, directors, shareholders, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to reasonable attorney's fees and related costs) that the Bank may incur in connection with a third party claim or otherwise, in relation to your use of the Service or the use of the same by anyone utilizing your login information to access the Service (authorized or unauthorized) or your violation of the Agreement or the rights of any third party. Your obligations under this Agreement shall survive termination of this Agreement.
AMENDMENT
The Bank has the right to change this Agreement at any time without prior notification unless otherwise required by applicable law. The most recent agreement will supersede any prior agreement. A copy of any modification or amendment(s) will be available to you in written or electronic format. If you do not agree to the terms of the changes, you must notify the Bank immediately and cancel your access to the Service. Use of the Service after modification or amendment(s) have been made indicates your agreement with such changes.
TERMINATION
The Bank has the right to terminate this Agreement at any time. You may terminate this Agreement at any time by written or verbal notice to the Bank. The Bank will not be responsible for any scheduled payment made before the Bank has a reasonable opportunity to act on your termination notice. You will remain obligated to any payment made by the Bank on your behalf. Termination only applies to the Service and does not terminate your bank accounts.
RELATION TO OTHER AGREEMENTS AND JOINT ACCOUNTS
Use of the Service may be affected by other agreements between you and the Bank. Multiple accounts with the Bank may be tied to the Service as the Bank permits. When an account is approved for use with the Service, any other agreements with the Bank related to that account are not modified or altered.
ASSIGNMENT
You may not assign this Agreement to any other party. The Bank may assign its right under this Agreement and may also assign or delegate certain of its rights and responsibilities under the Agreement to independent contractors or third parties.
NO WAIVER
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its 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 rights or remedies on future occasions.
SEVERABILITY
If any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
