AVADIAN CREDIT UNION
ONLINE BUSINESS BILL PAY SERVICE AGREEMENT
The following is an excerpt from Avadian's Online Services Agreement. by clicking on
"Yes, I accept the Terms & Conditions," you hereby agree to, and reaffirm, the Online Service agreement and this Bill Payment Service Agreement.
Definitions
"You" or "Your" means the business member, any representative of the business member, or each person who is authorized or otherwise allowed to use Online Bill Pay Services.
"We," "us," "Avadian," "Credit Union," and "our" means or refers to Avadian Credit Union and any predecessor, subsidiary, affiliate, agent, independent contractor, vendor or assignee that we may involve in the provision of Online Bill Pay.
Bill Pay Service
Our Bill Pay Service allows you to direct us to make payments from your Account(s) to payee using Online Banking and Mobile Banking.
Limitations: The following are limitations of the Bill Pay Service: (a) You may not make a payment in any currency other than U.S. dollars; (b) payments to Payees outside of the United States or its territories are prohibited; (c) for security reasons, we may impose limits or restrictions on the number and dollar amount of types of transactions that you can make using the Bill Payment Services; and (d) we may refuse to honor any payment requests that reasonably appears to us to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and we shall have no liability for its refusal to honor these payment requests. There may be additional limitations described throughout this Agreement, and your ability to initiate transaction may be governed by the terms of other agreements you have with us or as described in our Membership and Account Agreement, our Electronic Funds Transfer Agreement and Disclosure, other agreement or other disclosures were made to you, or by applicable law. You agree to abide by and be bound by all applicable limitations.
Payment Processing: We may, at our discretion, remit payments initiated by you by mailing your Payee a check drawn on your Account, by electronic funds transfer, or by other means. If we elect to remit a payment by check, you authorize us to execute checks drawn on your Account for the purpose of making payments to your Payee initiated through the Bill Payment Service notwithstanding any resolution, signature card, or other document filed with us that purports to limit authority over any of your Accounts, whether currently on file or submitted or modified in the future.
When your payment is processed: a payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment's processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled exclusively by us, is currently 2:00 Central Time.
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. You may not designate a non-business date (generally weekends and certain holidays) as the payment's process date.
You may not select a processing date more than 90 days in advance.
Timing of your Payments: Based on the time required to transmit your payment to your Payees, the Payees generally will not receive Payment on the processing date, but generally up to five (5) business days later. Therefore, in order to provide sufficient time for payments to be received by your Payees, we recommend that you plan accordingly, and allow ample time for your payments to reach your Payees. You hereby authorize us to withdraw the funds immediately from your Account, even though such payment is not remitted until a later date.
Cancellation of a Payment: In Mobile Banking, you may cancel a bill payment only if the payment appears under the "Scheduled Payments" section of the App. In Online Banking, you may change or cancel a bill payment only if the payment still appears as an unprocessed transaction.
Available Funds: You agree not to use or attempt to use the Bill Payment Services to overdraw any Account or to engage in any transaction that is not specifically authorized and permitted. Do not initiate a transaction if you have or expect to have insufficient funds to cover the transaction(s). Such actions may result in additional fees.
If you initiate a transaction when there are, or expect to have insufficient funds to cover the transaction, Avadian may pay the amount and treat the transaction as a request to transfer funds from other deposit account, approved overdraft protection accounts, or loan accounts that you have established with Avadian, or courtesy pay. if you initiate a transaction that overdraws your Account, you agree to make immediate payment of any overdrafts together with any service charges to Avadian. In the event of repeated overdrafts, the Credit Union may terminate all Online Serves under this agreement.
Stale-dated Checks: Paper Checks that are issued to Payees may become void after a reasonable amount of time has lapsed. We shall have the right, at our option and without notice to you, to pay or not pay any such check that is not presented to us for payment within 120 days after the issue date on the check. Unless you have closed your Account, the amount of the stale-dated check will be credited back to your Account from which the funds were drawn and the check will become void.
Returned Payments: You understand that a Payee's financial institution may return a bill payment for various reason, such as an invalid account number. We will use our best efforts to research and correct the returned bill payment, or void the returned bill payment and credit your Account.
Payees: For security purposes, you are not allowed to create or edit new Payees using Mobile Banking. You must add, modify or delete Payees using Online Banking. The changes you make will appear on Mobile Banking after we have had a reasonable amount of time to process them.
On Online Banking, you must provide sufficient information about each Payee, as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your Payment. This information may include, among other items, the name and address of the Payee and your Payee account number. You are responsible for ensuring that the Payee information you or we provide is current, accurate, and complete, and you assume responsibility for any transaction error that results from stale, inaccurate, or incomplete Payee information furnished or entered into the online service by you. Furthermore, we reserve the right to refuse the designation of a Payee for any reason.
Errors: You agree to notify Avadian of any suspected errors without delay, and in no event later than the time stated in the Membership and Account Agreement or our Electronic Funds Transfer Agreement and Disclosure (if the later applies to you). To the fullest extent allowable by law, unless you notify Avadian within the correct time, all transaction made through the Bill Payment Service shall be deemed correct, and you are prohibited from brining a claim against Avadian for such alleged error.
Persons Designated to Use Bill Payment Services for Businesses: This section applies only to business members (non-consumers). When enrolling for the Bill Payment Service, you must designate a single "Primary Administrator" to administer your use of the Bill Payment Service. The Primary Administrator must be a person authorized to have complete authority over and to make all decision with respect to the Account(s).
The Primary Administrator will have full access to the Bill Payment Services and to the Account(s), and will have the ability to set up one or more "Secondary Users" who will have access to all or any part of the Bill Payment Services and Accounts. Please be aware that the Secondary Users may be individuals who are not listed, or have limited powers, on the accounts card(s) associated with the Account(s).
The Primary Administrator and each Secondary User will have separate Security Codes. You understand and acknowledge that when the Primary Administrator authorizes access to a Secondary User, the Secondary User will be not only allowed to view all of the Accounts, but also to make transfer and bill payments, create Payees, and view account balances, check images, online statements, and online notices for any Account linked to the Bill Payment Service. You understand, acknowledge and agree that Secondary Users may have full access to funds in the Accounts linked to the Bill Payment Services, despite the fact they may not be listed, or have limited powers, on the account card.
Adding, modifying, or deleting Secondary Users in the system will not add, modify or remove them on the business account card. Likewise, adding, modifying or deleting authorized users on the business account cards will not add, modify or remove Secondary Users in the system. Please visit one of our branches, or call us if you would like to remove an individual from a business account card.
You agree that we are entitled to rely on and deem the use of your Security Codes to gain access to the Online Services as your authorization for every transaction involving any Account until you have notified us of any possible unauthorized use or transactions. Neither we nor any of our service providers or affiliates will have any liability to you for any unauthorized bill payment, payroll distribution or customer invoice made using your Security Codes that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. Authorization of payroll distributions, customer invoices or bill payment requests through the Services by means of your Security Codes shall be considered the same as your signed authorization and instruction for us to perform any and all actions relating to the requested transaction. You agree to be bound by any transaction on any of your Accounts that is initiated by means of your Security Codes and accepted by us in accordance with this Agreement or disclosed to you online, regardless of whether or not you actually authorized the transaction.
Business Use of Bill Payment Services: This section applies to business members only. You acknowledge and agree that your Accounts are established primarily for purposes other than personal, family or household use. Your representation (when you open an account) that an Account is a business account is binding and conclusively establishes the non-consumer nature of the Account. Accordingly, the provisions of the Electronic Funds Transfer Act, as amended, Regulation E, as amended, the Electronic Fund Transfers Agreement and disclosure, and any other laws or regulations intended for the protection of or governance of transactions involve involving consumers or consumer accounts do not apply to transactions affecting your Accounts.
Business Invoicing in the Bill Payment Service: This section applies only to business members. You may use the Bill Payment Services to set up and send electronic invoices and create a branded website to receive payments (the "Customer Invoicing Service"), and to pay employees electronically and send payroll deposits to multiple accounts (the "Payroll Distribution Service").
The Customer Invoicing Service and Payroll Distribution Service may require you to enter your customers' and employees' contact information and email address. The features may also link you to a website or service provided exclusively by a 3rd party that is unrelated to us, such as PayPal. Similar to bill payment feature, cutoff time for Payroll Distribution Service is 2:00 CT. Please plan several days in advance to ensure timely delivery of your payroll payments.
You understand and agree that you are solely responsible for (1) safeguarding and properly using your customers'/employees' nonpublic (or public) personal information stored in the system; (2) preserving a backup copy of the information stored in the system; (3) errors, inaccuracies, mistakes, misrouted invoices, bad acts, or any other issue while creating, using or transmitting custom invoices, or while receiving payments from customers through 3rd party payment providers such as PayPal; (4) error, inaccuracies, mistakes, bad or negligent acts related to payroll distributions through the Services.
Please refer to Avadian Credit Union's Online Services Agreement for additional terms and conditions relating to your use of the Bill Payment Service and Online Banking. By clicking on "yes, I accept the Terms & conditions," you herby agree to , reaffirm, the Online Service Agreement and this Bill Payment Service Agreement.