NECU Bill Pay Terms and Conditions Agreement


This Agreement between you and Northeast Credit Union Credit Union (NECU) ("we" or "us") contains the terms, conditions and disclosures for NECU Bill Pay Services for which you have applied. NECU Bill Pay operates through your deposit accounts, loans, lines of credit and credit cards with us, and you are subject to the rules and regulations governing the general use of those accounts. If you use these services to borrow from an existing line of credit you have with us, any borrowing will be made under the terms previously disclosed to you.
You will need to use a computer, obtain an internet account, and use compliant browser software to use NECU Bill Pay. The installation, maintenance, and operation of those items are your responsibility. We are not responsible for any errors or failures of your computer equipment or internet connection software. NECU Bill Pay can be used at any time day or night. However, certain computer maintenance or malfunctions may make it unavailable at times.
Joint Accounts: If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by the Terms and Conditions, and alone and together will be responsible for all transactions to or from any savings, checking, line of credit, or VISA(s) accounts as provided in this Agreement. Each joint owner, without the consent of any other account owner, may and hereby is authorized by every other joint owner, to make any transaction permitted under this Agreement.

General
a) "You" or "Your" means each person authorized to use the Bill Pay service. "Payee" means anyone authorized to accept payments through the Bill Pay service.
b) NECU may use outside vendors as necessary to provide Bill Pay services. NECU and any third party acting on behalf of the NECU may choose the most effective method to process your payments, including, without limitation, electronic, paper or other draft means.
c) Funds from payments made by check drafts are removed from your checking account when the check clears. If funds are not available at that time, the check will be returned unpaid and you will be charged an NSF fee, refer to NECU Fee Schedule, (unless you have overdraft protection and adequate funds are available).
d) Funds from payments made electronically are withdrawn two business days before the "Deliver by" date. Check payments are withdrawn 5 days prior to delivery date.
e) NECU and any third party acting on their behalf may represent you while processing or transferring payments to merchants and to post such transfers and/or payments to your NECU account.
f) Bill Pay service requires an email address.
g) Bill Pay service requires an active checking account. Automatic transfers may not be made from a savings account to pay scheduled Bill Pay items. If you are enrolled in Overdraft Protection, there are insufficient funds to cover the Bill Pay item, and the item is being paid in the form of a check, funds will be transferred from your savings account to pay the item. Transfer from savings will not be made if the item is paid by ACH.
h) NECU may not make certain payments and/or transfers if there are insufficient funds in your account.
i) By providing NECU with names and account information of payees to whom you wish to direct payments, you authorize the NECU to follow the payment instructions that it receives through the Bill Pay system. When NECU receives payment instructions, you authorize NECU to debit your account and remit funds on your behalf.
j) Payments to payees outside of the United States or its territories are prohibited through Bill Pay service.
k) Payment of government service charges (ex. property taxes, traffic tickets, child support, collection agencies, and other court directed payments) via Bill Pay are strongly discouraged and are scheduled at your own risk. In no event shall NECU be liable for damages resulting from your scheduling of these types of payments. Any guarantees made by NECU in this Agreement as they apply to any late payment related charges are void when these types of payments are scheduled and or processed. NECU has no obligation to research or resolve any claim resulting from a tax or court directed payment. All research and resolution for any misapplied, misposted or misdirected payments will be solely your responsibility.
l) You will receive a confirmation number for each payment.
m) NECU reserves the right to refuse to make any payment, but will notify you by e-mail and/or Bill Pay message of any such refusal within two (2) business days following receipt of your payment instruction.
n) This Agreement does not alter your liability or obligations that currently exist between you and your payees.

Fees
Any applicable service charges will be applied in accordance with NECU’s Fee Schedule.

Limit on Dollar Amount
There is a dollar amount of $9,999.00 (or the available balance, whichever is less) on any payment initiated through Bill Pay.

Payment Date
The payment date indicated by you must be a business day. Every day is a business day except Saturdays, Sundays and federal holidays. If you list a payment date that is not a business day, you will be asked to select the previous business day or the next business when scheduling the payment. Please note that the processing time of your payment varies by each payee. Scheduled payments are sent at 3:00pm on business days.

Cut-Off Time
Single payments will be processed on the business day 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 is 3:00pm. A single payment submitted after the cut-off time on the designated process date will be processed on the next business day.


Recurring Payments
When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your scheduled frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If your frequency settings for the recurring payment specify the 29th, 30th or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.

Failed Payments
If NECU is unable to process a Bill Pay transaction (for example, there are insufficient funds in your account to cover the transaction), you will be notified by e-mail. Payments are sent ONE time and are NOT automatically rescheduled when they fail.

If a payment fails, you agree that:
a) You will reimburse NECU, immediately upon demand, the transaction amount that has been returned to the NECU;
b) You will reimburse the NECU for any fees it incurs in attempting to collect the amount of the return from you; and
c) NECU is authorized to report the facts concerning the return to any credit reporting agency.

Liability
In addition to limitations listed in the Electronic Funds Transfer Disclosure, NECU will not be liable for any incomplete or late payments due to any of the following circumstances:
a) You do not obtain a confirmation number;
b) You do not adhere to the obligations set forth in this Agreement;
c) You schedule a payment for less than the number of business days before the due date required for that particular payee;
d) There are insufficient funds available on the date for which you request that a payment be made;
e) You have closed the designated account;
f) We have identified you as a credit risk and have chosen to (i) make all payments initiated by you via Bill Pay utilizing paper, as opposed to electronic methods, or (ii) terminate your subscription to Bill Pay;
g) You have not provided NECU with correct payee information, or the payee information you provided is out of date;
h) You have requested that a payment be made to a payee outside of the United States and its territories;
i) The payment is mishandled or delayed by the payee through no fault of NECU;
j) The Bill Pay service is not working properly and you have been advised about the malfunction before you execute or schedule a transaction; or
k) Circumstances beyond the control of NECU (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and NECU has taken reasonable precautions to avoid these circumstances.
NECU shall not be liable for any finance charges, penalties or late fees incurred by you as a result of any
of the above circumstances.

If NECU causes an incorrect amount of funds to be removed from your account or causes funds from your account to be directed to a payee which does not comply with your payment instructions, NECU shall be responsible for returning the improperly transferred funds to your account, and for directing to the proper payee any previously misdirected transactions or funds, and, if applicable, for any late payment related charges.
ebill
The ebill feature allows for bill delivery and presentment through the Bill Pay service. If you activate this feature, you agree to the following:
a) It is your sole responsibility to contact your payees/billers directly if you do not receive your statements.
b) NECU is unable to update or change your personal information, such as, but not limited to, name, address, phone numbers and e-mail addresses, with ebill. Any changes will need to be made by contacting payee/biller directly.
c) It is your responsibility to maintain all Online Banking IDs and passwords for all ebill payee/biller sites.
d) You agree not to use someone else’s information to gain unauthorized access to another person’s bill(s).
e) NECU may, at the request of the payee/biller, provide to the payee/biller your email address, service address, or other data specifically requested by the payee/biller at the time of activating ebill for that payee/biller, for purposes of the payee/biller informing you about NECU and/or bill information.
f) Upon activation of ebill, NECU may notify the payee/biller of your request to receive electronic billing information. The presentment of your first electronic bill for that payee/biller may vary from payee/biller to payee/biller and may take up to sixty (60) days, depending on the billing cycle of each payee/biller.
g) It is your responsibility to keep your accounts current while ebill is being activated.
h) Each payee/biller reserves the right to accept or deny your request to receive electronic bills.
i) Your activation of ebill for a payee/biller shall be deemed by NECU to be your authorization for us to obtain bill data from the payee/biller on your behalf.
j) It is your sole responsibility to ensure that your contact information and notification preferences within Bill Pay services are correct.
k) It is your responsibility to check on the delivery of new electronic bills.
l) You are responsible for ensuring timely payments of all bills.
m) The payee/biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancelling varies and may take up to sixty (60) days. NECU is not responsible for presenting any electronic bills that are already in process at the time of cancellation.
n) You agree to hold NECU harmless should the payee/biller fail to deliver your statement(s).
o) Copies of previously delivered bills must be requested from the payee/biller directly.
p) NECU is not responsible for the accuracy of your electronic bill(s). NECU is only responsible for presenting the information we received from the payee/biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the payee/biller directly.
Cancelling or Changing Payments
A payment can be changed or cancelled any time prior to the cutoff time on the scheduled processing date. A change or payment cancellation can be done through the Bill Pay service.

Suspended Service
NECU reserves the right to suspend your subscription to Bill Pay. This suspension may be without prior notice to you. All inquiries relating to suspensions, including requests for reinstatement, should be directed to a Member Services Representative at 888.436.1847 or through Online Banking’s Secured Message Center.

Cancelling Service
If you wish to cancel Bill Pay services, you must notify the Member Services Representative at 888.436.1847. NECU will not be liable for payments made due to lack of proper notification of service termination.

Notifications
You may receive notifications from the Bill Pay service via email and/or text message. Notifications will be sent based on the contact information you have provided to NECU. You are responsible for providing and maintaining appropriate and accurate information with NECU to ensure that these notifications are sent to you. NECU is not responsible for any charges associated with email and text message notifications.

Equipment
NECU is not responsible for any loss, damage, or injury caused by your equipment. NECU is not responsible for any direct, indirect, special, or consequential damage arising out of the installation, use, or maintenance of your equipment, software, or Bill Pay, except where required by law.

Exclusions of Warranties
BILL PAY SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Notice of Amendments
Except as otherwise prohibited by applicable law, the terms of this Agreement are subject to change at any time. NECU will notify you of any changes as required by law. Any use of Bill Pay services after notice of a change will constitute your agreement to such change(s). Further, NECU may, from time to time, revise or update the applications, services, and/or related material which may render all such prior versions obsolete. Consequently, NECU reserves the right to terminate this Agreement as to all such prior versions of the applications, services and/or related material and limit access to only NECU’s most recent versions and updates.

Information Changes
It is your sole responsibility to ensure that the contact information on file with NECU is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes to your contact information can be made within Bill Pay. NOTE: If you change your information through the Bill Pay system only, your records will NOT be updated elsewhere at NECU.

Severability
In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

No Waiver
NECU shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by NECU. No delay or omission on the part of NECU in exercising any rights or remedies shall operate as a waiver of such rights or remedies or waiver of 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.

Assignment
You may not assign this Agreement to any other party. NECU may assign this Agreement to any future, directly or indirectly, affiliated company. NECU may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
Your Liability for Unauthorized Transactions
Tell NECU AT ONCE if you believe there has been an unauthorized transaction from your account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account unless NECU is notified immediately.
How to Notify us in the Event of an Unauthorized Transaction
If you believe your UserID has been lost or stolen you should change the UserID by calling member services during regular business hours at 888.436.1847. If someone has transferred or may have transferred money from your account without your permission, call 888.436.1847 during regular business hours, email NECU at remoteservices@necu.org, or write:
Northeast Credit Union
PO Box 1240, Portsmouth, NH 03801


In Case of Errors or Questions About Your Electronic Transactions to or from Accounts
If you think your statement or receipt is wrong or if you need more information about an account transaction listed on the statement or receipt, call 888.436.1847, email remoteservices@necu.org, or write as soon as you can to:
Northeast Credit Union PO Box 1240, Portsmouth, NH 03801
We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared:
(1) Tell us your name and account number.
(2) 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.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, you also must send us your complaint or question in writing within 10 Business Days.
We will tell you the results of our investigation within 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 your complaint or questions.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
In Case of Errors or Questions Relating to Your Credit Card Accounts
If you believe there is an error or if you have a question relating to your credit card account, you should follow the procedures set forth on the back of your credit card statement.

Amendments
From time to time, we may amend this agreement. If any amendment results in greater cost or liability to you or stricter limitations on the frequency or dollar amounts of transfers, we will give you at least 45 days notice by mailing a copy of the amendment to you at your most recent address shown on our records.

Governing Law
This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of New Hampshire and Maine where you opened your account, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.