This is your Bill Paying Agreement with Blue Federal Credit Union (“Blue FCU”). The terms and conditions of this Agreement are in addition to the Membership and Account Agreement and other documents in effect governing the Accounts. You may use Blue FCU’s Bill Paying Service (“Bill Pay” or the “Service”), to direct us to make payments from your designated Blue FCU checking account to the Merchants you choose in accordance with this Agreement. “You", "your", or “Owner” refers to each person who signs the Bill Paying enrollment form, enrolls through Blue FCU’s Online Banking, or is otherwise authorized to use the Service as a Member/Primary Owner or Joint Owner of the Account. "Merchant" refers to a person or business, including Blue FCU, you designate and that Blue FCU accepts as a payee. "We," "our," us," and "credit union" refer to Blue FCU that holds the paying Account.
The fee for the Service is FREE!!! However, fees may be assessed for additional services, such as: stop payments; a check copy mailed or faxed to a Merchant; special/custom reports, etc. (see Rates and Fees Schedule). You will be informed of any such charges before they are incurred. NOTE: Your share and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Membership and Account and/or Loan Agreement(s) and by withdrawal or transfer limitations under Federal Regulation D. Your Account will be assessed fees in accordance with this regulation (see the Rates and Fees Schedule).
Setting Up Merchants/Payments:
When you sign onto the System, you will establish your list of Merchants by selecting the Add button on the Setup Accounts and Payee screen. You may add a new fixed payment for any Merchant but only if they are on the authorized list of payees. If the Merchant is not setup for electronic payments, the Service will generate a paper check for payment. The check will carry your Account number and will clear directly through your Account. A unique check number will appear on your statement for easy recognition. Blue FCU reserves the right to refuse the designation of a Merchant for any reason. We are not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on the Authorized Payee list.
Some Bill Payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement, which was received when you opened your Account, which discloses important information concerning your rights, liabilities, and obligations.
The Bill Paying Process:
Blue FCU will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by Blue FCU, which is currently 2:00 p.m. MST. Variable bill requests received after the business day cut-off time or at any time on a non-business day will be processed on the next business day. Blue FCU reserves its right to change the cut-off time by giving you notice if it changes.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, YOU MUST SELECT THE OPTION OF "LAST BUSINESS DAY" FOR PROCESSING TO ALWAYS BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.
YOU MUST ALLOW AT LEAST FIVE BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT. (IT IS THE RESPONSIBILITY OF THE ACCOUNT OWNER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS.) Due to circumstances beyond our control, some Merchants take longer to post payments than others. We suggest sending your first payment eight business days in advance of the due date. After your first payment has posted you will have a better understanding of how much time to allow for each Merchant.
You must select a payment date that is at least five business days before the actual due date reflected on your Payee statement. If your actual due date falls on a non-business day you must select a payment date that is at least one business day before the actual due date. Payment dates should be prior to any late date or grace period.
When you have scheduled a payment, you authorize Blue FCU to debit your payment Account and remit funds on your behalf. You certify that your payment Account is an Account from which you are authorized to make payments and any payment you make will be debited from this Account. You also authorize the credit of returned payments from using the Bill Pay Service. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its due date, as long as the Bill Payment was scheduled in accordance with the guidelines described under "The Bill Paying Process" in this Agreement.
The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:
- You have not provided the Service with the correct payment Account information, or the correct name, address, phone number, or Account information for the Merchant upon initiation of the payment; and/or,
- Circumstances beyond the control of the Service such as, but not limited to: fire, flood, or interference from an outside force preventing the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances; and/or
- The payment-processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction.
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 Blue FCU. We reserve 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 we have not exercised our right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree Blue FCU, at its option, may charge any of your Accounts with us to cover such payment obligations. The Service reserves the right to select the method in which to remit funds on your behalf to your Merchant. Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
Electronic Mail (Email):
Sending email is a very good way to communicate with Blue FCU regarding your Accounts; however, your email is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as Account numbers and balances in any email to us. You cannot use email to initiate Online Financial Service transactions. All such transactions must be initiated using the appropriate functions within our Online Banking site. We will not be liable for any errors, omissions, claims, or problems of any kind involving your email.
Disclosure of Information:
Information submitted to us or our suppliers is the property of those parties, and they may use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party, except as specifically agreed by Blue FCU or prohibited by law.
Links to Other Sites:
Information that we publish on the Internet may contain links to other sites and third parties may establish links to our site. We make no representations about any other website that you may access to, from or through our website. Unless expressly stated in writing, Blue FCU does not endorse the products or services offered by any company or person linked to this site nor are we responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Blue FCU is not responsible for any electronic virus that you may encounter using the Service. We encourage you to routinely scan your computer and diskettes using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons; such as, but not limited to, the Service Account number is not valid; the Service is unable to locate Account; or the Payee Account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your payment Account. You may receive notification from the Service.
Governing Law and Federal Disclosure:
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of the State of Wyoming, as well as the federal laws of the United States of America. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Laramie County, WY, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
Representations and Warranties; Indemnification:
In addition to the terms previously disclosed, Blue FCU is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, losses) caused by Online Banking or the use of the Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by the credit union or one of its suppliers. In addition, we disclaim any responsibility for any electronic virus the Owner may encounter after installation of such software or use of Online Banking or the Service. Without limiting the foregoing, neither the credit union nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Blue FCU and its suppliers provide Online Banking and the Service from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the Service are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the Service, you do on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Blue FCU nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the Service, or contained in any third party sites linked to or from Institutions web site. BLUE FCU MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, THE SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BLUE FCU DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. The Account Owner(s) shall indemnify, defend and hold harmless Blue FCU and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) Owner negligence; (ii) the Owner’s failure to comply with applicable law; or (iii) the Owner’s failure to comply with the terms of this Agreement.
You agree to promptly notify the credit union if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your Account(s). If your password has been compromised and you tell us within two business days of discovering the loss or misappropriation, you can lose no more than $50.00. If you do not tell us within the two business day period, you could lose as much as $500.00 if we could have stopped the use of your Accounts had we received notice in a timely manner. You should contact us, or the Service provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than 60 days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within 10 business days). If you fail to notify us within the 60 day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please:
- tell us your name and Account number;
- describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need;
- tell us the dollar amount of any suspected error; and
- for a Bill Payment, tell us the number of the Account used to pay the bill, the applicable Payee name and Account number, the date the payment was sent, the payment amount and the payment reference number.
Generally speaking, we will tell you the results of our investigation within 10 business days, or 20 business days in the case of international transactions, after we hear from you. However, the process may take from 45 to 90 days to investigate your complaint or question. In this case, we may provisionally credit your Account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within 10 business days of a request from us to do so, we reserve the right to not credit your Account. If we confirm an error, we will correct your Account record within 10 business days, or 20 business days in the case of an international transaction. If we determine that there was no error, we will send you a written explanation, either email or paper, within three business days after we conclude our investigation and will debit any interim amounts credited to your Account. You may request copies of any documents that we use in our investigation.
Changes to and/or Termination of Agreement:
The terms of this Agreement, applicable fees, and service charges may be altered or amended by Blue FCU from time-to-time. In such an event, Blue FCU shall send notice to you either at your address as it appears on Blue FCU's records, via email or by online notice through our Online Banking service. Any continuation of the Service after we send you a notice of change will constitute your agreement of such change(s). Furthermore, we reserve the right, at any time in our sole discretion, to modify, restrict, suspend or discontinue the Service or any portion thereof or your use of the Service or any portion thereof, or to terminate this Agreement, immediately and without prior notice to you. Blue FCU has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to Blue FCU, in Online Banking or by fax or phone. Blue FCU is not responsible for any fixed payment made before Blue FCU has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by Blue FCU on your behalf.
You are solely responsible for controlling the safekeeping of and access to, your password. 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 Blue FCU and arrange to change your password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. Blue FCU is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. Blue FCU is not liable for any failure to make a Bill Payment if you fail to promptly notify us after you learn that you have not received credit from a Merchant for a Bill Payment. We are 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 our agent. In any event, Blue FCU will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. Blue FCU 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 our reasonable control.
Neither Blue FCU nor its suppliers will be liable for any transaction if:
- you do not have enough money in your Account to complete the transaction;
- a legal order prohibits withdrawals from your Account;
- your Account is closed or has been frozen;
- the transaction would cause your balance to go over the credit limit for any credit arrangement setup to cover overdrafts;
- you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking;
- any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly;
- you did not provide us with complete and correct payment or transfer information;
- you did not properly follow the instructions for use of Online Banking or the Service;
- you knew that Online Banking Services were not operating properly at the time you initiated the transaction or payment;
- there is postal delay; or
- circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder, or delay the transaction.
Ownership and Assignment Rights:
You may not assign this Agreement to any other party. Blue FCU may assign this Agreement to any present or future, directly or indirectly, affiliated company. We may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
Blue FCU shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by us of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Integration and Severability:
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the credit union. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the credit union, this Agreement will control.
Due to the likelihood of irreparable injury, the credit union shall be entitled to an injunction prohibiting any breach of this Agreement by the Owner(s).
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than 30 days due to the reasons set forth in this subsection.
Acknowledgement and Acceptance of Terms and Agreement:
By acknowledging your acceptance of this Agreement or by using Blue Federal Credit Union’s Bill Paying Service, you agree to be legally bound by and to adhere to all of the terms and conditions of the Agreement and of any other documents, whether in written or electronic form, which we may provide to you from time-to-time and which contain additional provisions or instructions applicable to the Service, and to any amendments made thereto.