Terms & Conditions

CACHEPAY - BUSINESS
BILL PAYING AGREEMENT/DISCLOSURE - Rev. 12/20/2012T

This is your bill paying agreement with Cache Bank & Trust. You may use Cache Bank & Trusts bill paying service, CachePay-Business, to direct Cache Bank & Trust 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 (the Account Rules).

"You" or "your" means each person who is authorized to use the service. "Payee" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee.

HOW TO SET UP PAYEES/PAYMENTS
Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, SUBMIT YOUR REQUEST IN WRITING, USE “SET UP ACCOUNTS/PAYEE” ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and 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 Financial Institution reserves the right to refuse the designation of a Payee for any reason. Each Payee accepted by the Financial Institution will be assigned a payee code. Customers may make bill payments in amounts from $1.00 to $15,000.00. You may pay almost any payee you wish. There are several restrictions: 1) The merchant must be located in the United States; 2) Payments may not be remitted to tax authorities or government and collection agencies; 3) Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities and 4) Court directed payments are unauthorized (Alimony, child support, or other legal debts). A merchant is defined as anybody (company or individual) to whom you want to send money.

The Financial Institution is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.

ACCESSING THE SERVICE
When you complete your bill paying enrollment form, you will select a USER I.D. and Personal Identification Number (PIN). The Financial Institution will make every effort to accommodate your request. Each time you access the Service, you will be asked to enter your USER ID AND PIN. Correct responses will give you access to the Service.

THE BILL PAYING PROCESS
The Financial Institution will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Financial Institution, which is currently 2:00 p.m. MST. Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Financial Institution reserves its right to change the cut-off time by giving you notice if it changes.

Bill Payments are debited from your designated account within 24 hours of the process date.

FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated. If such date falls on a non-business day, you may choose to have the transaction paid on the previous processing (business) date or paid on the next processing (business) date.

YOU MUST ALLOW AT LEAST SEVEN (7) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS. IT IS OUR RECOMMENDATION THAT ADDITIONAL DAYS BE ALLOWED FOR PAYMENTS TRAVELING MORE THAN 4 STATES AWAY.

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 Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Financial Institution 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 the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.

Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.

Fees
The fee for CachePay - Business is $9.95 per month, plus 50 cents for each transaction above 20 originated on a monthly basis. 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. Fees for CachePay will be charged to your account on the anniversary date each month.

Additional Charges for Customer requested Services and Other Items
These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Financial Institution 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
Payment Request Cancellation prior to disbursement: $7.50
Express Mail Letter: $15.00
Letter to Recipient of payment: $10.00
ACH Return: $10.00
Service Fee if Payments Processed as a Gift Check: $2.99
Service Fee if Payments Processed as a Charitable Donation: $1.99
Overdraft Fee on Returned Items: $30.00
Overdraft Fee on Paid Items: $30.00
Stop Payment Fee: $28.00

The Financial Institution 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). If you think your statement is incorrect, we must hear from you no later than 60 calendar days after we sent the FIRST statement upon which the problem or error appeared. We will determine whether an error occurred within 10 business days after you contact us and we will correct any error promptly. We may take up to 45 days to investigate your complaint or question. In the event we take 45 days, we will provide provisional credit to your account within the 10 business days. If we request a complaint or question in writing and do not receive it, we may not provide provisional credit. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. If we have made a provisional credit, a corresponding debit will be made from your Account. You may ask for copies of the documents that we used in our investigation.

We may refuse a transfer in the event the account doesn’t have sufficient funds, the account is closed or frozen, garnishment or order of a court or administrative agency of competent jurisdiction prohibits us from making the transfer, or there is any suspected fraud on the account. In addition, if the banks EFT system is not working properly, you have not followed the on-screen instructions correctly, or there is a circumstance beyond our control (e.g. fire, flood, etc), the transfer will not be complete.

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 Financial Institution 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 Financial Institution 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 Financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Bill Payment. The Financial Institution 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 Financial Institution's agent. In any event, the Financial Institution 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 Financial Institution has knowledge of the possibility of them. The Financial Institution 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 Financial Institution's reasonable control.

Disclaimer of Warranty and Limitation of Liability - WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, DATA TRANSMISSION, THE QUALITY OF INFORMATIONAL CONTENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE CACHE BANK & TRUST ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT CACHE BANK & TRUST WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL CACHE BANK & TRUST ONLINE BANKING SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO CACHE BANK & TRUST ONLINE BANKING SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH CACHE BANK & TRUST.

Your Right to Terminate-You may cancel your Cache Bank & Trust Online Banking Services service at any time by providing us with written notice by postal mail or fax. Your access to Cache Bank & Trust Online Banking Services will be suspended within 3 Business Days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate – You agree that we can terminate or limit your access to Cache Bank & Trust Online Banking Services services for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your Accounts. Cache Bank & Trust Online Banking Services service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3 Business Days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
3. Upon reasonable notice, for any other reason in our sole discretion.

Communications between the Bank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-mail -You can contact us by e-mail.
Telephone - You can contact us by telephone at (970) 351-8600, or by telephone toll free at (888) 297-9827.
Facsimile – You can contact us by fax at (970) 351-7878.
Postal Mail - You can write to us at: Electronic Banking Unit, 4601 West 20th Street, Greeley, CO. 80634
In Person - You may visit us in person at any one of our locations. Please reference Bank’s website for a current list of locations.
Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Cache Bank & Trust website or by e-mail. You agree to notify us immediately of any change in your e-mail address.
As a commercial entity you represent and warrant that you will use CachePay - Business solely for business purposes. You acknowledge that access to business Accounts is not governed by the federal Electronic Funds Transfer Act and Regulation E. You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity.

As a commercial entity you represent and warrant that you will use CachePay - Business solely for business purposes. You acknowledge that access to business Accounts is not governed by the federal Electronic Funds Transfer Act and Regulation E. You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity.

By signing this agreement, you adhere to the CachePay Bill Paying Agreement and Disclosure Terms and Conditions.