By providing your account number for one of the payees listed, you authorize that payee to send your billing data to CheckFree Corporation ("CheckFree") for electronic bill presentment. You may choose to remit payment to the payee using any method you choose, including, but not limited to, CheckFree Payment Services (the "Service").
By providing the Service with the names and account information of those payees to which you wish to direct payments, you authorize the Service to follow the payment instructions that it receives through the payment system.
When the Service receives a payment instruction, you authorize the Service to debit your transaction account and remit funds to the payee on your behalf so that the funds arrive at the payee as close as reasonably possible to the business day designated by you. While it is anticipated that most transactions will be completed on the exact day designated, it is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by slow-responding payees, some transactions may take a day or even a few days longer to be credited by your payee to your account. For this reason, it is recommended that all payments or transfers be scheduled to transact at least four (4) business days before the actual due date, not the late date. If you properly follow the procedures described herein, and the Service fails to deliver a payment on the scheduled payment date, the Service will bear responsibility for late charges ($50 maximum). In any other event, including, but not limited to, choosing a payment date less than four (4) days prior to the actual due date, the risk of incurring, and the responsibility for paying, any and all late charges or penalties shall be borne by you.
The Service will use its best efforts to process all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
Provided none of the foregoing four (4) exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction account to be directed to a payee which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your transaction account and for directing to the proper payee any previously misdirected payments or transfers.
Payments to payees outside of the United States are prohibited through the Service.
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree not to give or make available your bill payment password or other means to access your transaction account to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you believe that your bill payment password or other means to access your transaction account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once through application messaging or e-mail.
If you tell us within two (2) business days after you discover your bill payment password or other means to access your transaction account has been lost or stolen, you can lose no more than $50.00 if someone uses your bill payment password or other means to access your transaction account without your permission. If you do not tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your bill payment password or other means to access your transaction account if you had told us, you could lose as much as $500.00.
In case of errors or questions about your transactions, you should notify the Service through application messaging or e-mail.
You must: 1) Tell us your name and Service Account Number; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (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 forty-five (45) calendar days to investigate the complaint or My Checkingion. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may 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 My Checkingion in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
We will disclose information to third parties about your account or the transactions you schedule through the Service ONLY in the following situations: 1) To a payee to request your bill be sent to you electronically by the Service; 2) Where it is necessary for completing transactions; 3) In order to verify the existence and condition of your account to a third party, such as a credit bureau or payee; 4) To a consumer reporting agency for research purposes only; 5) In order to comply with a governmental agency or court orders; or, 6) If you give us your written permission.
Charges will be assessed based on the services you are provided. They will be explained to you at the time you contract for electronic bill presentment and the Service. You agree to pay such charges and authorize the Service to automatically charge your designated transaction account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
In using the Service, you are requesting the system to make payments for you from your designated transaction account. If your financial institution is unable to process a transaction (for example, there are not sufficient funds in your transaction account to cover the transaction), the transaction may not be completed. In some instances, however, the transaction may be completed, and the Service will receive the return notice. In this case, you agree that:
The terms of this Agreement, applicable fees and service charges may be altered or amended from time to time. In such event, the Service shall send notice to you at your address as it appears on the Service’s records. Any use of the Service after the Service sends you a notice of change will constitute your agreement to such change(s). Further, from time to time, the Service may revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Service’s more recent revisions and updates.
You agree to promptly notify the Customer Care Department through application messaging or e-mail of any address or transaction account change. Additionally, at least ten (10) business days in advance of any change in your transaction account or your banking status, you agree to notify the Customer Care Department through application messaging or e-mail.
In the event you wish to discontinue the Service, you must notify the Customer Care Department through application messaging or e-mail. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date.
The Service may terminate service to you at any time and/or revoke your right to use software. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.
You may use the Service to authorize the Service to debit your transaction account, and remit funds on your behalf, to payees you designate. The Service reserves the right to refuse to pay any payee to which you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a payee designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a payee or financial institution to resolve payment-posting problems.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what one of Service’s employees says and the terms or this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or 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.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflicts of laws provisions.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENTAND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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