Agreement
General.
This Agreement governs your use of the University Federal Credit Union (UFCU) Bill Pay Service (the "Service"). By enrolling in, using, or authorizing any other person to use the Bill Pay Service, you, the credit union member, hereby authorize UFCU to make payments on your behalf by debiting your designated account and transferring the funds to the payee or to others as indicated by you via the Bill Pay Service. In addition to this Agreement, other agreements, rules, and regulations applicable to your Checking accounts, Savings accounts and other accounts serviced by UFCU remain in effect and continue to be applicable, except as may be specifically modified by this Agreement. In the event of any conflict between the terms of this Agreement and any other agreement you have with us, the terms in this Agreement shall control.
In this Agreement, the words "we," "us," "our," and "UFCU" mean University Federal Credit Union. The words "you," "your," and "user" mean each person who uses the Service and each account owner or other person authorized to transact business on any UFCU account that may be accessed by way of the Service.
Computer Equipment and Software.
You may access the Service by visiting our website at www.ufcu.org. You must be enrolled in Online Banking to use the Service. To access the Service, you will need a personal computer, an Internet service provider, and an Internet browser which supports the Secured Sockets Layer (SSL) protocol. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone company or Internet service provider.
NEITHER UFCU NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY ON ANY EQUIPMENT, HARDWARE, SOFTWARE, OR THE SERVICES, OR WITH RESPECT TO YOUR INTERNET SERVICE PROVIDER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
We are not responsible for any loss, damage, or injury, whether caused by your equipment, your software, or any technical or editorial errors or omissions in any user guide that may be provided or made available to you for the Service. We are not responsible for any direct, indirect, special, or consequential damages arising in any way from the installation, use, or maintenance of your equipment, software, or the Service except where the law requires a different standard. You agree to be bound by and to comply with the requirements set forth in any user's guide, instructional manual, or other instructions that we may provide to you in connection with the Service.
Access.
The Service is generally accessible 24 hours a day, seven days a week, except that the Service may be inaccessible for a reasonable period of time each week for system maintenance. We are not liable under this Agreement for failure to provide access to the Service or for service interruptions due to a system failure or other unforeseen acts or circumstances.
Additional Services.
We may introduce new bill pay services or enhance the existing Service from time to time. We will notify you when these new or enhanced services are available. By using new services when they become available, you acknowledge and agree that those services are governed by this Agreement as well as any additional terms we may provide to you.
Overdrafts and Non-Sufficient Funds.
You agree that your use of the Service shall be subject to our overdraft policies and the overdraft provisions set forth in the Terms and Conditions of Your Account Agreement. If sufficient funds are not available in your account or from any form of overdraft protection, we may not process a bill payment you have requested. In such event, you understand and agree that you will be responsible for making alternate payment arrangements with the payee or for rescheduling the payment through the Service. We are under no obligation to process a bill payment for which sufficient funds are not available, and we are not required to notify you in such event. In the event we do decide to process a bill payment request for which sufficient funds are not available, we will charge the total cost of the transaction to you, including any overdraft fees or service charges.
Safeguarding Your Online Banking Password, (the "Password).
When you use the Service, you will access your accounts by way of your Online Banking Password. You agree to keep your Password in confidence, refrain from disclosing it to any third party other than those to whom you provide your express authorization, and refrain from recording or displaying it in such a manner that it will be accessible by unauthorized third parties. Any person having access to your Online Banking Password will be able to access the Service and perform all transactions, including reviewing account information and making transfers to other accounts and persons. You agree that use of your Online Banking Password by you, any other applicant, any party to any of your accounts that may be accessed by the Password, anyone you permit or authorize to use your Password, and anyone to whom you disclose your Password or give access to your Password is deemed an authorized user for which you are liable.
You are responsible for reporting the loss, theft, or compromise of your Online Banking Password to us as soon as possible after you learn of it or suspect that unauthorized use has or may occur. For your security, in the event that someone tries to access your account without knowing your Online Banking Password, UFCU will block all access to your account after a certain number of incorrect Password entries. In such event, you must contact UFCU to have your access to Online Banking and the Service restored.
Amendments.
We reserve the right to amend or supplement this Agreement at any time subject to such notice as may be required by applicable law. Your use of the Service following receipt of any such notice constitutes your acceptance of any such change. Use of the Service is subject to our policies, procedures, and existing regulations governing your accounts and to any future changes to those policies, procedures, and regulations.
Termination of the Service.
UFCU may terminate this Agreement and your use of the Service, in whole or in part, at any time without notice.
Enforcement and Governing Law.
This Agreement is governed by and construed in accordance with the laws of the State of Texas to the extent not preempted by applicable federal law and it is deemed executed in Travis County, Texas. You agree that if there is any inconsistency between this Agreement and any applicable law, regulation, or rule, the terms of this Agreement shall prevail to the extent that any such law, regulation, or rule may be modified by agreement between us.
Disclosures
The following disclosures provide important information concerning your rights and responsibilities when you make transfers to and from your accounts using the Service.
Bill Payment Procedure.
The Bill Payment Service allows you to make prearranged bill payments to third parties. You may set up your own personal database of payees and establish one-time or recurring monthly payments. When you add payees to the Bill Payment Service, you must enter your account number with the payee and the payment address exactly as they appear on your payment stub or invoice. Payee addresses must comply with U.S. Postal Service standards. Bill payments may be made from your Checking account only. You may not make bill payments to government agencies, including the Internal Revenue Service and state and local tax authorities. Bill payments to collection agencies, pursuant to court orders (for example, alimony, child support, and traffic tickets), to payees outside the United States, or to other categories of payees we may establish from time to time are also prohibited. Bill payments must be for a minimum of $0.01 and may not exceed $25,000.00 per payment. We reserve the right to refuse to pay any payee to whom you direct a payment. If we refuse to pay a payee, we will notify you within three business days following the payment Processing Date except in the case of those payees prohibited from receiving payment as set forth in this paragraph. The term "Processing Date" as used in this Agreement is defined as the date you designate for payment (or the next business day if you schedule a Processing Date for the same business day after our 8 AM Central Time cutoff time or if the Processing Date falls on a weekend or a federal bank holiday) and the time when we will deduct the funds from your account. All payments will be made in U.S. dollars only. You may not use the Service for any illegal purpose.
By providing the Service with the names and account information of those persons or entities to whom you wish to make a payment, you authorize the Service to follow the payment instructions received from you. When the Service receives your payment instruction, you authorize us to debit your designated Checking account on the Processing Date. Sufficient funds must be available in your account on the Processing Date or payment may not be made. You are responsible for scheduling payments to arrive to your designated payee by their due date. You acknowledge and agree that you must schedule each Processing Date to occur at least 10 business days before the payment due date if the payment is to be made by check and at least 3 business days before the payment due date if the payment is to be made electronically. Your personal payee list will designate whether a payee will receive payment by check or has agreed to receive payments electronically. You authorize us, and any third party acting on our behalf, to choose the most effective method to process and present your payment. For each properly instructed payment, you will receive a transaction confirmation number.
IF YOU DO NOT RECEIVE A TRANSACTION CONFIRMATION NUMBER, WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN MAKING PAYMENT, INCLUDING ANY FINANCE CHARGES OR LATE FEES INCURRED. IN ORDER FOR PAYMENTS TO BE RECEIVED IN A TIMELY MANNER, IT IS IMPORTANT THAT YOU SCHEDULE THE PROCESSING DATE BY THE TIME PERIODS PRESCRIBED ABOVE. SINCE THE ACTUAL TIME FOR THE PAYEE TO RECEIVE YOUR PAYMENT MAY VARY ACCORDING TO THE PARTICULAR PAYEE, YOU MUST BECOME FAMILIAR WITH THE PAYMENT PROCESSING TIME FOR EACH PAYEE AND ALLOW THE APPROPRIATE NUMBER OF BUSINESS DAYS BETWEEN THE PROCESSING DATE AND THE PAYMENT DUE DATE.
If we are unable to process a scheduled payment request through the Bill Payment Service, for example, due to insufficient funds in the designated account, the transaction will result in a "Failed Payment." Failed payments will not affect other scheduled payments.
You agree to maintain a valid email address with us for communication purposes regarding Bill Pay issues such as payment errors or questions. In the event that a payment is unable to be processed due to an error with the information provided by you or the payee, UFCU will repost any drafted funds to your account and notify you by email that the payment was not processed. It is your responsibility to regularly check your Bill Pay history and email account for any messages from us regarding bill payments or reposted payments to your account. You may be required to resubmit a bill payment request with updated payee or account information.
Fees.
There is no monthly fee for the Bill Pay Service. There is no per-transaction fee for the Service. Use of the Service is subject to the following additional fees:
- Stop Payment Requests (when permitted) - $30.00
- Check Copies - $2.00 per check
- Manual Payment Re-Issue - $12.00 per item
- Returned Items - $10.00 per item
- Research Requests - $15.00 per hour
The Service is also subject to applicable fees as set forth in our Truth-in-Savings Fee Schedule. Pricing for all fees associated with the Service is subject to change. You authorize us to automatically deduct the applicable fees from your Checking account. In the event that funds in your Checking account are not available, you authorize us to deduct the applicable fees from any account on which you are an owner
Contact in Event of Unauthorized Transfer.
If you believe your Online Banking Password has been lost, stolen, compromised, or that someone has transferred or may transfer money from your account without your permission, call or write to us at:
(512) 467-8080 in Austin, (409) 797-3300 in Galveston or US Toll-free (800) 252-8311
University Federal Credit Union
Member Services
PO Box 9350
Austin, TX 78766-9350
Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting.
If you believe your Online Banking Password has been lost, stolen, or compromised, you should change your Password immediately by accessing the "Change Password" feature in the Online Banking program.
Contact us IMMEDIATELY if you believe your Online Banking Password has been lost, stolen, or compromised. If you contact us within two business days, you can lose no more than $50.00 if someone used your Password to schedule a payment through the Service without your permission.
If you do NOT contact us within two business days after you learn of the loss or theft of your Online Banking Password, and we can prove we could have stopped someone from using it without your permission if you had told us in time, you could lose as much as $500.00 from scheduled payments made via the Service. Also, if your statement shows bill payments that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not be refunded any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Preauthorized Transfers.
Right to Stop Payment and Procedure for Doing So.
If you have arranged to have scheduled bill payments made from your account, you can stop any of these payments by deleting or changing the payment through the Scheduled Transfer feature. We must receive your cancellation or change instructions before 8 AM Central Time on the Processing Date for the payment. You may also stop scheduled bill payments by calling or writing to us at the number and address listed in these disclosures. If you call or write, we must receive your request at least three business days before the Processing Date. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Electronic payments cannot be stopped after they have been processed. We may be able to stop a check payment after it has been processed if we receive your request before the check has been paid and we have a reasonable time to act on it. In no event will we be liable if we receive your request after the Processing Date and we are unable to stop payment. A fee as set forth in these disclosures will be imposed for each stop payment order you give.
Liability for Failure to Stop Payment of Preauthorized Transfers.
If you order us to stop a bill payment three or more business days before the Processing Date and we do not do so, we will be liable for your losses or damages.
Our Liability.
If we do not complete a bill payment transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have adequate funds in your account to complete the transaction or your account is closed.
- If you use the wrong access code or you have not properly followed any applicable computer, Internet access, or user instructions for making the bill payment transaction.
- If your computer fails or malfunctions or the Service was not properly working and such problem should have been apparent when you attempted the transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal process, or other claim.
- If you have not given us complete, correct, and current instructions so that we can process the transfer.
- If the error was caused by a system beyond our control, such as your Internet Service Provider.
- If you do not authorize a transfer soon enough for your transfer to be made.
- If you have closed the account to or from which the transfer was to be made.
- If there are other applicable exceptions we establish from time to time.
Our sole responsibility for an error in a transfer is to correct the error, but in no case will we be liable for any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental, or consequential damages, our liability is limited to the extent permitted by applicable law.
In Case of Errors or Questions about Your Electronic Transfers.
Write to us or call us at the address and telephone numbers listed in these disclosures as soon as possible, if you think your statement is wrong or if you need more information about a transfer listed on your account statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will tell you the results of our investigation within ten 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 question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not credit your account.
For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your account for the amount you think is in error.
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. You may ask for copies of the documents that we used in our investigation.
Business Days.
Our business days are Monday through Friday excluding federal bank holidays.
Documentation.
You will receive a confirmation number for every successful transfer you make. You may save or print this information for your records. All transactions made using the Service will be listed on your monthly account statement that you receive from us. If you do not receive a monthly account statement from us, we will send you a statement at least quarterly.
Confidentiality.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.