Terms & Conditions

ELECTRONIC DISCLOSURE OF THE TERMS AND CONDITIONS FOR
BLACKHAWK COMMUNITY CREDIT UNION BUSINESS BILL PAY SERVICE

Bill Pay Service.
You acknowledge electronic receipt of the Terms and Conditions Agreement ("Agreement") associated with Blackhawk Community Credit Union's Bill Pay Service and agree that you have read and will abide by this agreement. You also agree Blackhawk Community Credit Union "BHCCU" does not need to provide you with an additional paper (non-electronic) copy of this Agreement unless specifically requested.

Use of a Third-Party Bill Pay Service Provider.
iPay Technologies is the third-party bill pay service provider who BHCCU has contracted with to provide bill pay service to its members. IPay Technologies will be processing bill payments and answering questions directly at (1-866-805-4496) for your online initiated bill payments. Accordingly, the term, "IPay Technologies" represents the customer service provided by IPay Technologies to BHCCU bill pay subscribers on behalf of BHCCU. BHCCU, at its sole discretion, reserves the right to change Internet bill pay service providers.

Enrollment Request for the Internet Bill Pay Service
BHCCU reserves the right to refuse enrollment in the Internet Bill Pay Service to any member who does not meet the Internet Bill Pay Service criteria, which has been established by the credit union and/or IPay Technologies. Included in this criteria is a requirement that subscribers to this service must live within the United States, its possessions and territories, be a member in good standing, and have an active checking account.

Definitions
As used in this Agreement, the following terms are defined as;
"You" and "your" means the Credit Union member subscribing or the subscriber to the Bill Pay Service;
"We" or "us" means BHCCU "Service" means BHCCU's third party Bill Pay Service provider, iPay Technologies.
"Payee" means the vendor, person, biller or entity to whom you wish a bill payment to be directed;
"Payment Instructions" means the information provided by you to us for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.):
"Payment Account" means your checking account and any share accounts or available balance on line of credit accounts at BHCCU you designated to be accessed in the event of an overdrawn account;
"Business Day" means Monday through Friday, excluding Federal holidays;
"Payment Date" means the business day of your choice upon which your payment account will be debited;
"Cutoff Time" means 1 pm CST on the business day, and is the time by which you must transmit instructions to have them considered entered on that particular day business day.
"Pending Payment" starts at the time you enter Payment Instructions until the payment is "In Process".
"In Process" starts at the cutoff time (1 pm CST) on the Payment Date.
"Completed" A bill payment is considered "completed" by the Service on the Business Day you selected as the scheduled Payment Date and the funds are debited from your account.
"Biller" refers to a person or entity from whom you receive or desire to receive an electronic bill under the eBill service (see below).
"Access Info" refers to the information used to access accounts with a Biller, such as, but not limited to, user identification and a password.

Please note: Your BHCCU loan accounts cannot be paid by using the Internet Bill Pay Service. Instead, your loans may be paid by using the transfer/payment option on the BHCCU Internet Home Banking service or by automatic transfer from your BHCCU Checking account at no charge.

Internet Bill Pay Service
When you give Payment Instructions to the Service provider, you authorize it to debit your Payment Account and remit funds on your behalf so that the funds arrive close to the Due Date. For this reason, it is necessary that all Payment Dates selected by you be no less than seven (7) Business Days before the actual due date for payments that are being sent by check and no less than five (5) Business Days for ACH payments, (not the late date and/or a date in the grace period). It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Payment instructions entered after the Cutoff Time (1 pm CST) or on a non-Business Day will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and we fail to send a payment according to the Payment Instructions received, we will bear responsibility for all late charges. In any other event, including but not limited to, choosing a Payment Date which is not seven (7) Business Days before the due date stated on your invoice or bill, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

You may cancel or edit any pending payment (including recurring bill payments) by following the directions provided on the Internet Bill Pay system Online Help. There is no charge for canceling or editing a Pending Payment. If you call BHCCU in time for the Credit Union to receive your request three Business Days or more before the Payment Date, you can stop any Payment Instructions. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Please note: 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 us at 1-800-779-5555.

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. The charge for a stop payment order will be the then current charge for such service as disclosed in our Rate & Fee Schedule.

Limitation of Liability for Digital Banking Services:
We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payment instructions because of the existence of any one or more of the following circumstances:
o If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the payment or transfer, or the transfer would exceed the credit limit of your established line of credit account, if applicable: (Note: BHCCU may, at its option, pay a scheduled payment which exceeds the balance in the checking account by transferring the amount from any share accounts or available balance on line of credit accounts at BHCCU that you designated be accessed in the event of an overdrawn account. Designation of transfer accounts are indicated on the Automatic Transfer Request or on any subsequent Account Change Card. Per Federal regulation, preauthorized telephone, Internet, or automatic transfers from prime share savings to cover Checking overdrafts cannot exceed six in number per calendar month).
o The bill payment processing center is not working properly and you know or have been advised by us about the malfunction before you submit Payment Instructions;
o The Payee mishandles or delays a payment sent by the Service;
o You have not provided the Service with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
o Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) occur that prevent the proper execution of the Payment Instructions and we have taken reasonable precautions to avoid those circumstances:
o Funds in your Payment Account are subject of a levy process, or other Encumbrances restricting the transfer of the funds.
o We will not be responsible for any errors or failures from the malfunction of your hardware, software or any internet services.

Although we have taken measures to provide security for communications from you to us via the Digital Banking and Internet Bill Pay Services and may have referred to such communication as "secured," we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law.

Provided none of the foregoing exceptions to our performance obligations are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a person or entity which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account and for directing any previously misdirected payments or transfers to the proper recipient.

Payment will be made to your Payee either electronically via the Automated Clearing House (ACH) or by check. The method of payment depends upon the processing method that can be accommodated by the Payee or the Service (e.g., some Payees are unable to accept electronic payments).

The payment may be deducted from your Payment Account by two methods depending upon the amount of the payment and your credit history. The two methods are: 1.) Via an electronic debit or through the Automated Clearing House Association (ACH) or 2.) Via a draft drawn on your account and processed through the Federal Reserve System (as if you had written a check drawn upon your Checking Account). All bill payments debited from your account will appear on your monthly Statement of Account and under the "BILL PAY HISTORY" section of the Internet Bill Pay on the BHCCU Digital Banking System. Bill Pay withdrawals will reflect the name of the Payee. All payments can be viewed with the Payee's name, payment amount, confirmation number, and payment date by reviewing your Bill Payment History under the History option provided to you as part of the Internet Bill Pay Service.

Periodic Statements
BHCCU will send you a periodic statement for each monthly cycle in which an electronic fund transfer has occurred. If no electronic fund transfers occur within a monthly cycle, you will receive a periodic statement at least quarterly.

Prohibited Payments
The following payment types are "prohibited" through the Service:
o Tax payments
o Court Ordered Payments
o Payments to Payees outside of the United States or its possessions/territories
o Payment to BCCU for Loan Payment

THE FORGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE 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.

PIN/Password and Security
Compatible internet browsers included Internet Explorer (ver 8 or above), Firefox, and Safari. To access the Internet Bill Pay Service you will need to log on to the BHCCU Digital Banking service and then click on the Bill Payment menu icon. Select from the menu either "Personal Bill Pay" or "Business Bill Pay" and the system will link you to the appropriate Internet Bill Pay site.

You are solely responsible for controlling the safekeeping of and access to your user name and PIN to your Personal Branch account and Bill Pay account.
You agree not to give or make available your BHCCU Internet Banking User ID and/or PIN to any unauthorized individuals. You are responsible for all bill payments you, and your Internet Bill Pay authorized user, authorize through this service. If you permit other persons to use the Service or your BHCCU User Name and/or PIN (even though you have agreed not to disclose this information), you are responsible for all transactions they authorize. You also agree that BHCCU may revoke your Internet Bill Pay and/or Digital Banking account access service if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the User ID and PIN(s) belonging to you and/or your authorized user. Further, you acknowledge that we reserve the right to terminate your account at any time. If you want to terminate another person?s authority to use the Bill Pay service, you must notify Us at 1-800-779-5555 and arrange to change the pin or disable the online access.

We will not be responsible for any errors or failures from the malfunction of your hardware, software or any internet services. You agree to apply appropriate up-to-date antivirus software to prevent any compromise of your computer or data files by unauthorized users. You must provide at a minimum 128-bit encryption technology when accessing your account information and using your username and PIN as identification.

Errors and Questions
In case of errors and questions about your electronic transfer or payments, as soon as you can, you should:
o Telephone us at 608-755-6065 or toll free at 800-779-5555 or
o Write us at Blackhawk Community Credit Union, P.O. Box 5366, Janesville, WI 53547-5366
o Email us at info@bhccu.org

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 (60) days after you received the FIRST statement on which the problem or error appeared. You must:
o Tell us your name and account number.
o Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information, and
o Tell us the dollar amount of the suspected error.

If you tell us orally, in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing verbal notification.

We will determine whether an error occurred 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 45 days to investigate the complaint or question. If we decide to do this, we will credit your 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 credit your account.
If we determine there was no error, we will send you a written explanation. We will tell you the results of our investigation within three (3) Business Days after completing our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur. You may ask for copies of documents used in our investigation.
*If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days.

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 transfers you make ONLY in the following situations:
o If we return transfers or payments made from your account which are drawn on insufficient funds or if we are unable to complete an electronic transfer or payment because of insufficient funds we may notify the payee that the transfer was not completed due to insufficient funds, or
o Where it is necessary for completing transfers, or
o In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant, or
o To a consumer reporting agency for quality assurance.
o In order to comply with a governmental agency or court orders or
o If you give us your written permission.

Charges or Fees
FREE Internet Bill Pay Service with unlimited transactions. Additional Payment Options - per item charge:
Gift Check - $2.99
Donations - $1.99
Rush Check Payments - Next Business Day (Overnight) $34.95
Rush Check Payments - Second-Day $29.95
Rush Electronic Delivery - Second-Day (Economy) $6.95

Optional Business Bill Pay Services:
Payroll ACH Reversal Fee $60 within 5 business days or $110 if after 5 business days - (fees are charged whether funds are returned or not)
Issuing Invoices: $10.95 per month
*Processing Payroll: $6.95 per month
*This fee will be charged to you on the last business day of each month regardless of whether or not the Service was used in the billing cycle.
Additionally, charges for other transactions and optional services (e.g., Transfer Fees, Non-Sufficient Funds or Stop Payment Fees) are specified in BHCCUs' Rate & Fee Schedule which can be found on the BHCCU website www.bhccu.org

You agree to pay such fees and charges and authorize us to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your savings or loan accounts will continue to apply.

You are responsible for any and all telephone access fees or Internet Service fees that may be assessed by your telephone utility and/or Internet Service Provider.

In the Event a Service Transaction Is Returned and/or Overdraws Your Payment Account In using the Service, you are requesting the system 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 not sufficient funds in your Payment Account or designated overdraft accounts to cover the transaction), the transaction may not be completed. In these cases, you agree that a non-sufficient funds (NSF) fee will be charged in accordance with the credit union's established and published fees.

By enrolling for and using the Service you agree that in the event of an overdrawn account due to Payment Instructions requested by you or your authorized user, BHCCU has the right to transfer funds from your share accounts and available balance on your line of credit accounts at BHCCU that you designated to be accessed in the event of an overdrawn account. This includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner.

A bill pay transaction that is not paid because of insufficient funds will be cancelled. You will be notified by email of cancelled payments and mailed an NSF notice (if we have a current address on file). You must reschedule any cancelled payments.

eBill Service
The eBill Service is intended to enhance the bill payment service. It is not intended to replace bills or statements that you are receiving from Billers via other means, it should not depend on the accuracy of timely delivery of eBills provided to you under the eBill service.

Activating the eBill Service:
You will be required to agree to certain terms and conditions as defined by iPay Technologies. In addition, you will be required to provide iPay with Access Info to the Biller's site and extract information from your most recent statement in order for iPay to present this information to you within the Bill Pay Service. If the above requirements are not met, then you cannot use the eBill Service.

Alterations and Amendments
The terms of this Agreement, applicable fees, and service charges may be altered or amended by BHCCU from time to time. In such event, we shall send notice to you, as required by law, at your address on record with BHCCU for statement delivery purposes. Any use of The Service after the BHCCU sends you a message will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Internet Bill Pay programs, services, and/or related material and limit access to our more recent revisions and updates.

Address Changes
You agree to promptly notify BHCCU in writing of any address change and to change your address on the Bill Payer Service on your Account Summary screen. Changing your address on the service does not automatically update the address of record at BHCCU. Similarly, updating your address at BHCCU does not automatically update the address on your Bill Payer Account Summary record.

Termination or Discontinuation
In the event you wish to discontinue the Service, you must contact BHCCU within ten (10) days prior to the actual service discontinuation date. You must request the service discontinuation by written correspondence sent via the mail. Written notice must be signed and sent to:

Blackhawk Community Credit Union
Bill Payment Administrator
P.O. Box 5366
Janesville, WI 53547-5366

Payee Limitations
We reserve the right to refuse to pay any person or entity to which you may direct a payment. We are obligated to notify you promptly if the Service decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court-related payments or payments outside the United States and its possessions/territories (American Samoa, Guam, Marshall Islands, Micronesia, N. Mariana Islands, Palau, Puerto Rico and the Virgin Islands), which are prohibited under this agreement.

Information Authorization
Through your enrollment in the Internet Bill Pay Service, you agree that BHCCU (or its third-party bill pay service provider) reserves the right to request a credit agency report and/or a review of your credit rating at our expense through an authorized credit agency/bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems.

Disputes
In the event of a dispute regarding the Service, you 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 us which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of the Agreement shall control.

Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third-party service providers.

No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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 for the Agreement.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions.