BILL PAY SERVICE ADDENDUM
This Bill Pay Service Addendum is part of, and subject to the terms of, the Online Banking Agreement, the terms of which are incorporated herein by this reference. Capitalized terms used herein without definition shall have the meanings given such terms in the Online Banking Agreement. To the extent of a conflict in the terms of this Addendum with the terms of the Online Banking Agreement, the terms of this Addendum shall govern.
When you use Great Western Bank’s Bill Pay Services, or permit any other person(s) to direct GWB to make payments (each, a “Bill Payment”) from your designated checking account to the Payees you choose in accordance with this Addendum, you agree to be bound by the terms and conditions of this Agreement. The terms and conditions of this Addendum are in addition to the Account agreements, disclosure and other documents in effect from time to time governing your Account(s) (the “Account Rules”).
Definitions: As used in this Bill Pay Service Addendum, the terms listed below have the following meanings:
Business Day: A “Business Day” means Monday through Friday, excluding Federal Reserve holidays.
Cancelled: A Bill Payment is “Cancelled” when you request that a previously initiated Bill Payment will neither be processed nor sent.
Cutoff Time: “Cutoff Time” means 4:00 P.M. Eastern Time on any Business Day and is the time by which you must transmit Bill Payment instructions to GWB to have them considered entered on that particular Business Day.
Deliver By Date: “Deliver By Date” means the date you would like your Bill Payment delivered to your Payee for the Bill Pay Services.
Payee: “Payee” means anyone, including the financial institution you designate, and GWB accepts, as a Payee for Bill Pay Services.
Process Date: The date funds will be withdrawn from your Account.
Activating the Bill Pay Service: To activate the Bill Pay Service, you must have a Great Western Bank checking account and be enrolled in the Bill Pay Service. To enroll, you must complete a Bill Pay Service Set Up Form and be approved by GWB.
To use the Bill Pay Service, you must provide information online to GWB to identify your Payees. You must provide sufficient information about a Payee to permit GWB to properly direct a Bill Payment and permit the Payee to identify you as the payment source upon receipt of a Bill Payment. You must complete all required fields with accurate information, as directed by the Bill Pay Service screen messages. By providing GWB with the names and account information of those Payees to whom you wish to direct a Bill Payment, you authorize GWB to follow the Payment Instructions that we receive through the Bill Pay Service. You further authorize GWB to update or change any of your Payee information as requested or provided by your Payee.
If you want to add a new Payee, use “Set Up Accounts/Payee” on the Bill Pay Service Site or speak to a Service Representative at 800-952-2043 between the hours of 7:30 A.M. and 11:00 P.M. Eastern Standard Time. You may add a new fixed payment to a Payee only if the Payee is on your authorized list of Payees, and by accessing the Bill Pay Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Bill Pay Service Site. GWB reserves the right to refuse the designation of a Payee for any reason. Each Payee accepted by GWB will be assigned a Payee code. You may make Bill Payments in amounts from $1.00 to $50,000.00. You may pay almost any Payee you wish, subject to the following restrictions: (l) The Payee must be located in the United States; (2) Bill Payments may not be remitted to tax authorities, government or collection agencies; (3) Bill Payments may not be remitted to securities brokerages (such as Ameritrade) for stock purchases or trade taxing authorities; (4) Bill Payments are not permitted for Court directed payments (alimony, child support or other legal debts); (5) Bill Payments are prohibited for gambling debts or other purposes prohibited by law or by GWB, in its sole discretion.
GWB is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your authorized Payee list. When we receive a Payment Instruction, you authorize GWB to debit the “Pay From Account” you designate for that payment and remit funds to the Payee on your behalf. Your activation of the Bill Pay Service may not be fulfilled if we cannot verify your identity or other requested information. Through your activation of the Bill Pay Service, you agree that GWB reserves the right to request a review of your credit rating at our own expense through an authorized credit bureau. In addition, you authorize GWB to obtain financial information regarding your account from a Payee to resolve payment posting problems.
GWB reserves the right to charge you for research time involving Bill Payments no longer available in your screen history. You will be informed of any such charges before they are incurred. Bill Payments are processed by Electronic Fund Transfers (“EFT”). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your Account, which discloses important information concerning your rights and obligations. Payments delivered over an Automated Clearinghouse System (“ACH”) are governed by the rules and performance standards of the ACH Operating Rules.
Unauthorized Transactions: Notify GWB at once if you believe someone has improperly obtained or used your online PIN or accessed your Account online. Also, notify us if someone has transferred or may transfer funds from your Account without your permission, or if you suspect any fraudulent activity on your Account. To notify us, call or write to Great Western Bank Customer Service. GWB will tell you the results of its investigation within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we decide there was no error, we will send you a written explanation of our findings within three (3) business days after we finish our investigation. You may request copies of the documents that we used in our investigation. If a notice of error involves an Electronic Funds Transfer that was initiated at a foreign location, the applicable time period for action shall be twenty (20) business days instead of ten (10) business days, and ninety (90) calendar days instead of forty-five (45) calendar days.
If your online PIN has been compromised and you notify us within two (2) Business Days after you learn of the loss of theft, you can be liable for no more than $50 if someone used your online PIN without your permission to access a bank account. If you DO NOT notify us within two (2) Business Days after you learn of the loss or theft, and would have stopped someone from taking funds without your permission had you told us, you could be liable for as much as $500.00. Also, if your statement shows withdrawals, transfers, or payments that you did not make or authorize please notify us at once. If you do not notify us within sixty (60) days after a statement or notice was sent to you, and we could have stopped someone if you had notified us in time, you may not get back any funds least after sixty (60) days.
Accessing The Bill Pay Service: When you complete your Bill Pay Service Set Up Form, you will select a User ID and a Personal Identification Number (“PIN”). GWB will make every effort to accommodate your request for each. Each time you access the Bill Pay Service, you will be asked to enter your User ID and PIN. Correct responses will give you access to the Bill Pay Service.
The Bill Paying Process:
Single Bill Payments: A single Bill Payment will be processed on the Business Day that you designate as the Bill Payment’s Process Date; provided the Bill Payment is submitted prior to the daily Cutoff Time on that date. The daily Cutoff Time, which is by GWB, is currently 4:00 P.M. Eastern Time. A single Bill Payment submitted after the Cutoff Time on the designated Process Date will be processed on the following business day. If you designate a non-Business Day as the Payment’s Process Date, the Bill Payment will be processed on the first Business Day following the designated Process Date.
Recurring Bill Payments: When a recurring Bill Payment is processed, it is automatically rescheduled. Based upon your selected frequency settings for the Bill Payment, a Process Date is calculated for the next occurrence of the Bill Payment. If the calculated Process Date is a non-Business Day, it is adjusted based upon the following rules:
a. If the recurring payment’s “Pay Backward” option is selected, the Process Date for the one occurrence of the Bill Payment is adjusted to the first business date prior to the calculated process date.
b. If the recurring payment’s “Pay Backward” option is NOT selected (or if the “Pay Backward” option is not available), the Process Date for the new occurrence of the Bill Payment is adjusted to the first Business Day after the calculated Process Date.
Note: If your frequency settings for the recurring Bill Payment specify the 29th, 30th or 31st as a particular day of the month for the Process Date and that day does not exist in the month of the calculated process date, then THE LAST CALENDAR DAY OF THAT MONTH is used as the calculated Process Date.
For Single and Recurring Payments, YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS PRIOR TO THE DUE DATE, for each Bill Payment to reach the Payee. Any Bill Payment can be changed or canceled, provided you access the Bill Pay Service prior to the Cutoff Time on the Business Day prior to the Business Day the Bill Payment is going to be initiated.
You agree to have available and collected funds on deposit in the Account you designate in amounts sufficient to pay for all Bill Payments requested, as well as any other payment obligations you have to GWB. GWB reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Account and GWB has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree GWB at its option, may charge any of your Accounts with GWB to cover such payment obligations.
GWB reserves the right to change the Cutoff Time. You will be notified it changes. You agree that such notice may be provided by any means permitted for amendments to Online Banking Services.
Liability: You are solely responsible for controlling the safekeeping of, and access to, your User ID and PIN. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify GWB in writing and arrange to change your PIN. You will be responsible for any Bill Pay Service request you make that contains an error or is a duplicate of another Bill Pay Service request. GWB is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. GWB is also not liable for any failure to make a Bill Payment if you fail to promptly notify GWB after you learn that you have not received credit from a Payee for a Bill Payment. GWB is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be GWB’s agent. In any event, GWB will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Bill Pay Service, even if GWB has knowledge of the possibility of them. GWB is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond GWB’s reasonable control.
Payee Limitation: We reserve the right to refuse to pay any Payee to whom you may direct a payment for security or other reasons. We will notify you promptly if we decide to refuse to pay a Payee designated by you for reasons other than intended payments being prohibited under this Agreement.
Equipment: You are responsible for obtaining, installing, maintaining and operating all computer hardware or other capable device, software, and Internet access and mobile services necessary to use or access the Bill Pay Service. Technical Specifications are subject to change. The most current version of Technical Specifications is set forth on our Website at:
<http://www.greatwesternbank.com/personalbanking/onlinebanking/
GWB will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access and mobile services.
Availability: Bill Pay Service is available 24 hours a day, 7 days a week, except during maintenance periods or circumstances beyond GWB’s reasonable control.
