Terms & Conditions

This Addendum to Master Agreement for Internet Services for Bill Payment Services ("Addendum") is made this _______ day of ______________, 20______ (the "Effective Date"), by and between Lake Michigan Credit Union (the "Credit Union") and the undersigned Company ("Company"). This Addendum shall govern Company's use of the Credit Union?s Bill Payment Service.

1. Master Agreement for Internet Services. The Master Agreement for Internet Services ("Master Agreement") between Company and the Credit Union is incorporated herein by reference and represents additional terms that are part of this Addendum.

2. Bill Payment Service (the "Service"): The Service is an electronic online bill payment service offered as an extra convenience to members in good standing at the Credit Union. Company may access the Service using a personal computer with an internet connection, or a mobile device with internet access. The Service allows Company to pay bills out of a designated account on a one-time or periodic basis to payees designated by Company subject to the limitations described below. In order to use the Service, Company must maintain a checking account with the Credit Union. The checking account must be designated as Company's "designated" account ("Designated Account") and will be treated as Company's Designated Account for transactions accomplished through the Service.

3. Term and Termination. This Addendum shall commence upon the Effective Date and shall remain in effect until terminated by either party upon thirty (30) days prior written notice. Notwithstanding the foregoing, the Credit Union specifically reserves the right to suspend Company's access to the Service and/or or terminate this Addendum immediately in the event of a breach of the Addendum by Company, or in the event the Credit Union reasonably determines such termination or suspension is necessary to protect the Credit Union from harm or compromise of security, integrity, reputation or operation. In the event of termination of this Addendum for any reason, this Addendum shall remain effective with respect to any transaction occurring prior to such termination. Upon any termination of this Addendum, Company will immediately cease using the Service and promptly remit to Credit Union any unpaid Fees or other sums due Credit Union under this Addendum.
4. Availability. Once enrolled, the Service will be available to Company 24 hours a day, 7 days a week, unless an emergency exists, or scheduled system maintenance is being performed. In the event the Service will not be available for any extended period of time, a notice will be posted on the Credit Union's website informing Company of such unavailability. The Credit Union reserves the right to limit, suspend or terminate access to the Service for any reason without notice.

5. Fees. With a monthly direct deposit, there is no charge for use of the Service. Without direct deposit, the Service is $5.95 per month, assessed at the close of business on the last day of the month. Company is responsible for payment of this fee, even if Company did not use the Service during the prior month. If Company does not have sufficient funds in its account on the date the fee or charge is payable, Company authorizes the Credit Union to automatically deduct the charge from Company's account as soon as funds are available or from any other account Company maintains at the Credit Union. The Credit Union reserves the right to charge or change the amount of service fees at any time. The Credit Union will mail or deliver a written notice to Company at least 30 days before the effective date of any change in fee amounts.

6. Limitations. There is no limit to the number of payments Company may schedule through the Service, however Company may not schedule any single payment for more than $25,000.00.

7. Scheduling Payments. If Company fails to allow sufficient time in scheduling a payment through the Service, Company assumes assume full responsibility and shall be liable for any and all late fees, finance charges or other actions taken by the payee. When scheduling a payment, there is a difference between the "Send On" date and the "Deliver By" date. The "Send On" date is the date the Credit Union will attempt to deduct the payment amount from Company's Designated Account. The "Deliver By" date is the date that Company can expect the payee to receive the payment. The "Deliver By" date for a payment should be no later than the due date the payee has indicated for the payment.

If Company schedules a payment with the "Send On" date as the current date, Company must have sufficient available funds in the Designated Account at the time the payment is scheduled. The funds will be deducted shortly after Company logs out of the session. If Company schedules a payment with the "Send On" date in the future, there must be sufficient available funds in the Designated Account when the Credit Union attempts the deduction, which can occur anytime between 12:01 am and 4:00 pm EST (as observed in Grand Rapids, Michigan). If the attempted deduction fails because Company did not have sufficient available funds in the Designated Account, the Credit Union will send you an email informing Company of same. If a second attempted deduction fails, the Credit Union will cancel the transaction and Company will be responsible for rescheduling the payment. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the "Deliver By" date will be one (1) business day later. If Company receives an email because the first attempted deduction was not successful, Company should access the Service to determine the date of the second deduction attempt.

In the event the Credit Union causes an incorrect amount of funds to be removed from Company's account or directs funds to a payee that does not comply with Company's instructions, the Credit Union will return the improperly transferred funds to Company's account and/or transfer funds to the appropriate payee.

8. Definition of a Business Day. For purposes of processing transactions, the Credit Union defines a business day as a day it is open for its normal hours of operation, subject to any recognized federal holidays and weekends. Any payment submitted after-hours will be processed on the following business day.

9. Prohibited Payees. The Credit Union will not process payments to payees falling under any of the following criteria:

- Designated by the Office of Foreign Asset Control as being a prohibited payee

- Having an address outside of the United States (except for APO)

- Court-ordered payments such as alimony, child support, tickets, etc.

- Tax entities

- Collection agencies

The Credit Union specifically reserves the right to refuse to honor a payment request to any payee, even if not listed above as a Prohibited Payee, for security or any other reason, in its sole and absolute discretion. If the Credit Union determines that it will refuse to honor a payment request, it will promptly notify Company of same.

10. Cancelling a Payment. The Credit Union may cancel a payment if it has a reasonable belief that the payment is fraudulent. If the Credit Union cancels a payment, it will attempt to contact Company to inform it of same. Company may cancel an outstanding payment at any time through the Service. Payments are considered outstanding until the "Send On" date.

Company may cancel a recurring transaction by verbal or written notice to the Credit Union no later than three (3) business days before the ?Send On? date of the transaction by contacting Customer Service at the address or phone number set forth in this Addendum. If Company makes such a request by telephone, the Credit Union reserves the right to also require Company to put its request in writing and provide same to the Credit Union within fourteen (14) days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream. The Credit Union will only accept a verbal or written notice to stop a non-electronic payment if the notice is received by the Credit Union in time to act on same and includes sufficient information to enable the Credit Union to identify the payment (i.e. Company's Credit Union account number, transaction date, dollar amount, payee, etc.). Company understands and agrees that the exact information is necessary to properly stop the payment. If Company gives the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment. If the Credit Union fails to cancel or stop any payment, the payment will stand unless Company can demonstrate that payment to the payee was unenforceable. If the Credit Union recredits Company's account after transferring funds over a valid and timely cancellation request, Company agrees to sign a statement describing the dispute with the payee, to transfer to the Credit Union all of its rights against the payee, and to assist the Credit Union in any legal action taken against that person.

11. Email Notifications. Company shall keep a current internet email address on file with the Credit Union, as the Credit Union uses same to communicate important security events to Company regarding Company's account, such as:

- User ID changes
- Internet email address changes (sent to old and new addresses)
- Adding new payees

12. Service Termination. The Credit Union may terminate Company's participation in the Service for any reason, at any time. The Credit Union will attempt to notify Company in advance, but the Credit Union is not obligated to do so. Company may not terminate its participation in the Service if it has outstanding payments scheduled. If Company has no outstanding payments, it may terminate participation in the Service by contacting our Member Service department at 616.242.9790, x9910 or 800-242-9790, x9910.
13. Security. Company represents and warrants that it will keep its User ID, password, and account data confidential. The Credit Union is entitled to act on transaction instructions received through Company's User ID and password. The Credit Union's Call Center personnel are entitled to act on instructions after they have properly authenticated the caller according to the Credit Union's internal procedures. Company represents and warrants that it has considered the security procedures of the Service and finds that the security procedures are commercially reasonable for verifying that an online bill payment, is in fact, Company's. In reaching this determination, Company has considered the size, type and frequency of payments that it anticipates issuing through the Service. If at any time, in Company's judgment, the security procedures are not commercially reasonable, or if the size, type and frequency of Company's transfers change, and the result is that the security procedures cease to be commercially reasonable, Company shall inform Credit Union of same within 30 days of its determination.

14. Company's Warranties. Company represents and warrants that the information it is providing to the Credit Union is true, correct and complete. Company agrees not to impersonate any person or use a name that Company is not authorized to use. Company agrees to promptly update its registration records if its email address or other information changes. Company represents and warrants that it will not use the Service for any purpose that is unlawful or prohibited, expressly or implicitly, by the terms of this Addendum or by any applicable law or regulation. Company further represents and warrants that it 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.

15. Privacy. A full description of the Credit Union's privacy and security policies are available by clicking on the "Privacy Policy" and "Security Policy" links on the Help page for the Service. As is more fully described in the "Security Policy" link, the Credit Union has multiple levels of security that have been designed especially for the Credit Union, and all of your personal and financial information will be placed on a secure portion of the Credit Union's website. The Credit Union does not use any persistent "cookies" on the browser to store any personal information. As discussed in more detail in the "Privacy Policy" link, the Credit Union will not disclose information to third parties about Company's account or bill payments except in the following circumstances:

- Where it is necessary for completing bill payments;
- In order to comply with government agency or court orders; or
- If Company gives the Credit Union written permission to do so.

16. Security. Company agrees to access the Service in accordance with all security procedures as implemented by the Credit Union from time to time, in its sole and absolute discretion. The security procedures and all passwords, User IDs or other information used to identify Company or any authorized user is confidential and should not be disclosed to third parties. Company is responsible for the safekeeping of this information. Company agrees not to disclose or otherwise make this information available to anyone not authorized to sign on Company's accounts. The Credit Union reserves the right to change or alter security procedures as deemed appropriate.

Company agrees to promptly review its statement for each of its accounts as soon as it is received. Company agrees to protect the confidentiality of its account(s), member number, personal identification number (PIN) and any other code, password, or other means of identification the Credit Union may provide to it. These means of identification are intended to provide security against unauthorized entry or access to the Service or Company's accounts.

All data transferred to and from the Service utilizes encryption technology consistent with industry standards to reasonably protect the security of data transferred and identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. Except as otherwise required by law, Company understands and agrees that the Credit Union will not be liable for a breach of security in connection with the Service. The Credit Union cannot and does not warrant or represent that all data transfers utilizing the Service will not be monitored, intercepted, or read by others.

It is Company's sole responsibility to assure that its identification numbers, passwords or PINs are not revealed or otherwise made available to persons not authorized to access Company's accounts. Except as may otherwise be required by law, Company agrees to assume all liability for disclosure of its identification numbers, passwords or PINs to any person(s) or entities, and to assume all responsibility for transactions or other account activity performed by person(s) or entities other than Company who have obtained your identification numbers and password.

Company further agrees to immediately notify the Credit Union by telephone at 800-242-9790, of any unauthorized use of its password, any access or attempted access, transaction or attempted transaction, other account activity or attempted account activity, or any other breach of security.

17. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN AS-IS BASIS. THE CREDIT UNION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CREDIT UNION DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT IT WILL BE AVAILABLE FOR USE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. THE CREDIT UNION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY. THE CREDIT UNION IS RESPONSIBLE ONLY FOR EXERCISING ORDINARY CARE IN MAKING PAYMENTS UPON COMPANY'S AUTHORIZATION AND FOR DELIVERING A PAYMENT TO THE DESIGNATED PAYEE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY LAW, THE CREDIT UNION'S ENTIRE LIABILITY AND COMPANY?S EXCLUSIVE REMEDY SHALL BE AMOUNTS PAID BY COMPANY EQUAL TO ONE MONTH OF THE SERVICE. IN NO EVENT SHALL THE CREDIT UNION 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. THE CREDIT UNION SHALL NOT BE LIABLE FOR UNTIMELY OR FAILED PAYMENTS AS THE RESULT OF COMPANY'S FAILURE TO MAINTAIN SUFFICIENT FUNDS TO COMPLETE THE TRANSACTION, FAILURE TO ALLOW SUFFICIENT TIME TO MAKE A BILL PAYMENT, FAILURE TO PROVIDE THE CREDIT UNION WITH ACCURATE PAYEE AND BILLING INFORMATION, SERVICE DOWNTIME, PAYEE MISHANDLING AND/OR ANY OTHER DELAY OF PAYMENT SENT VIA THE SERVICE, INCLUDING DELAYS IN MAIL DELIVERY, CHANGES OF MERCHANT ADDRESS OR ACCOUNT NUMBER, OR OTHER CIRCUMSTANCES BEYOND THE CREDIT UNION?S CONTROL THAT PREVENT COMPLETION OF A TRANSACTION.

19. Indemnification by Company. Unless caused by the Credit Union's intentional misconduct or gross negligence, Company agrees to indemnify, defend and hold harmless the Credit Union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from any and all third party claims, disputes or actions, in connection with Company?s use or misuse of the Service.

20. Severability. If performance of the Service in accordance with the terms of this Addendum would result in a violation of any applicable law, or governmental rule, regulation, policy, or directive to which the Credit Union is subject, then this Addendum and any related agreement shall be deemed amended to the degree necessary to comply with such applicable law, rule, regulation, policy, or directive, and the Credit Union shall incur no liability to Company as a result of such violation or amendment. If any provision of this Addendum is held to be invalid, illegal, or unenforceable, such provision shall be valid, legal, and enforceable to the maximum extent permitted by such holding and the validity, legality, or enforceability of the other provisions of this Addendum will not be affected or impaired by such holding.

21. Regulatory. If a modification to this Addendum is required by or under applicable law or by a regulatory authority with jurisdiction over the Credit Union, the Credit Union may modify this Addendum by giving Company notice of the modification by any means permitted by applicable law, and the modification will be effective immediately upon the Credit Union giving such notice.

22. Acceptance of these Terms. Company's use of the Service constitutes its acceptance of this Addendum. From time to time, the Credit Union may amend any of the terms of this Addendum or restate this Addendum in its entirety. Company will be provided with notice of any such amendment in accordance with Credit Union's normal business practices. By continuing to use the Service fifteen (15) days after notice of such amendment or restatement, Company shall be deemed to have agreed to such amendment and shall be bound by this Addendum as so amended. The Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove features of the Service. Company's continued use of the Service will constitute its acceptance of any such changes to the Service.

By selecting the "I have read and accept" checkbox and accessing the Service Company represents that it has read, and fully understands and accept the terms of this Addendum.