Terms & Conditions

TERMS AND CONDITIONS OF THE eBILL PAYMENT SERVICE

SERVICE DEFINITIONS
This Agreement is between you and Utah First Federal Credit Union ("Financial Institution").
“We,” “our,” “us,” “Financial Institution,” and “Utah First” shall mean Utah First Federal Credit Union, its employees, directors, officers, representatives and agents.
“You,” “your” and “Member” shall mean the Account holder and any user authorized to access the Account through online banking.
"Service" means the ebill payment service offered by Utah First Federal Credit Union.
"Agreement" means these terms and conditions of the bill payment service.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
eBILL SERVICE USER AGREEMENT
Our unique eBill service (the "Service") enables you to bring together, in one convenient location, summary information from as many of your bills as you wish, provided that these billers, selected by you, make this information available in an acceptable manner for online retrieval.
Acceptance of Terms
When you click on the "Accept and Submit" button, you agree to accept the terms and conditions (the "Terms") of this Agreement, including any amendments to the Agreement or changes in the Terms. When you click on the "Accept and Submit" button, a copy of the Terms will be delivered to you via secure message. If you do not agree to all of the Terms, click on the "Close" button near the top of this screen. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. Utah First reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, Utah First will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, Utah First reserves the right to notify you by e-mail or conventional mail, at its discretion. You agree that if you continue to use the Services after Utah First notifies you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you can use the online feature on the bill pay site to unsubscribe; you may contact a service representative for assistance if you are unsure how to accomplish this. Once your account with Utah First has terminated for any reason, you will have no further right or access to use the Service. To use the Service, you must be at least eighteen (18) years old.
User Content
Subject to Utah First's Privacy Policy, you agree that Utah First may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to Utah First in order to provide the Service, and you hereby give Utah First a license to do so. By submitting Content, you represent that you have the right to license such Content to Utah First for the purposes set forth in this Agreement.
Third Party Accounts
You understand and agree that, in order to provide the Service, it is necessary for Utah First to access third party Web sites and data bases containing information regarding your accounts and financial relationships as designated by you ("Third Party Accounts"), on your behalf, to retrieve information as requested or authorized by you. Accordingly, we will ask you to provide information needed to access your Third Party Accounts, and we will use this information only on your behalf and to carry out your instructions. By using the Service, you agree to authorize Utah First to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by this Agreement. You warrant and represent that the information you are providing Utah First with is true, correct and complete. You represent and warrant to Utah First that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit Utah First to use Content and other information submitted by you to Utah First (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts.
For as long as you are using the Service, you give to Utah First a limited power of attorney and appoint Utah First as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once Utah First has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Utah First in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify Utah First that you wish to discontinue using the Service, you must do so at the bill pay site as provided in this Agreement.
You understand and agree that at all times your relationship with each Third Party Account provider is independent of Utah First and your use of the Service. Utah First will not be responsible for any acts or omissions by the biller or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN UTAH FIRST IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, UTAH FIRST IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT UTAH FIRST, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
YOU AGREE THAT UTAH FIRST SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) UTAH FIRST'S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) UTAH FIRST'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.
Alert Service
The alerts service enables you to receive a notice via email or other devices concerning available information in your Third Party Accounts. You can set alerts for each of your Third Party Accounts registered on the Service. You are responsible for determining the criteria that governs the alert and the Service will send an alert to you based upon the instructions you provide to us. Your instructions are neither reviewed nor verified by Utah First prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether.
You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. Utah First is not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert. Utah First does not guarantee the delivery or the accuracy of the contents of each alert. You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert.
Utah First provides this service as a convenience to you for information purposes only. Utah First reserves the right to terminate its alert service at any time without prior notice to you. Utah First shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) non-delivery, delayed delivery, or the misdirected delivery of an alert; (b) inaccurate or incomplete information in an alert; or (c) your reliance on or use of the information provided in an alert for any purpose.
Electronic Communications
The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications ") may be provided by electronic means:
• This Agreement and any amendments, modifications or supplements to it.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
• Any other communication related to the Service.
Although Utah First reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you are not willing to receive this Agreement or the Communications electronically, you may not use the Service.
You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, at the bill pay site.
Communications may be posted on the pages of the bill pay site and/or delivered to the e-mail address you provide. All electronic Communications sent by e-mail will be deemed to have been received by you when Utah First sends it to you, whether or not you received the e-mail. If the Communications is posted on the bill pay site, then it will be deemed to have been received by you no later than five (5) business days after Utah First posts the Communication on the pages of the bill pay site, whether or not you retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Utah First's e-mail server to the appropriate e-mail address. An electronic Communication by posting to the pages of the bill pay site is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements.
In order to access and retain Communications, you must have:
• An Internet browser that supports 128-bit encryption, such as Internet Explorer version 6.0 or above.
• An e-mail account and e-mail software capable of reading and responding to your e-mail.
• A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing and of interacting with the bill pay site.
• Sufficient electronic storage capacity on your computer's hard drive or other data storage unit or a printer that is capable of printing from your browser and e-mail software
Proprietary Rights
You acknowledge and agree that Utah First owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Service or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to Utah First that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
Utah First may modify or discontinue the Service or your account with Utah First with or without notice, without liability to you, any other user or any third party. Utah First reserves the right to terminate your account at any time and for any reason, including without limitation if Utah First, in its sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of the Service, or if you provide Utah First with false or misleading registration information or interfere with other users or the administration of the Service.
You may terminate the Service at any time by using the online feature on the bill pay site to unsubscribe. You may contact a service representative for assistance if you are unsure how to accomplish this. After Utah First has accepted your termination of the Service, Utah First will not access your Third Party Accounts thereafter for any reason, however we may, at our discretion, continue to make information available to you that was collected prior to the Service being terminated.
If your bill pay service with Utah First is terminated for any reason, you will have no further right or access to use the Service, and Utah First will not access your Third Party Accounts thereafter for any reason.
Links To Third Party Sites
The Service may contain links to other Web sites ("Linked Sites"). Such links are provided solely as a convenience for you. While Utah First will attempt to select and provide links to Linked Sites that it believes may be of interest to its customers, Utah First does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Utah First, its affiliates, service providers, agents and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." UTAH FIRST ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, UTAH FIRST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY UTAH FIRST FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
UTAH FIRST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY UTAH FIRST FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF UTAH FIRST HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless Utah First, its affiliates, partners, officers, directors, employees, service providers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, Utah First's reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Miscellaneous
You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Third Party Accounts linked to the Service; and that you may rightfully authorize Utah First to access the Third Party Accounts. You understand that Utah First is not responsible or liable if your biller’s, or any other provider of Third Party Accounts’, system "goes down" or if they have any system failures and we are unable to retrieve information on your behalf.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Utah First's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Utah First's right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on the Service, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of Utah First's rights waived, only if Utah First agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by Utah First. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the bill pay site, at Utah First's discretion. All notices to Utah First must be made using the bill pay site or via email to subscriberservices@billpaysite.com. You cannot terminate the Service via email; this must be done by you at the bill pay site. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association.
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon acceptance of your completed registration by Utah First.