Bill Payment Service Terms & Conditions

Transcription

1 Bill Payment Service Terms & Conditions The Bancorp Bank and its partners and service providers ( we, us, or our ) provide an online bill payment service (the Bill Payment Service ), where a T-Mobile Visa Prepaid Card ( Card ) holder who has registered their account ( you or your ) can pay bills using available funds in their card account (the Card Account ). Your use of the Bill Payment Service is governed by these Online Bill Payment Terms and Conditions ( Terms and Conditions ). By clicking the Accept and Continue button, or by using the Service, you agree to these Terms and Conditions. The terms and conditions of the Cardholder Agreement for your T-Mobile Visa Prepaid Card ( Cardholder Agreement ) apply to your use of the Bill Payment Service. Relation to Other Agreements Your use of services is subject to other agreements between you and us governing terms and conditions of other services and products issued by The Bancorp Bank in connection with the Card. When you add services, you do not change the agreements you already have with us for the Card Account. For example, The Bancorp Bank Cardholder Agreement, Privacy Policy, and/or any other user agreement(s) from The Bancorp Bank for the Card Account do not change. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of the services. Online Bill Payment Service (1) Registration You must register for the Bill Payment Service in order to be able to use it. The registration process is also called opting in. All opt-in registrations for the Bill Payment Service must be made at my.tmobile.com/moneyservices. During the registration process, you must read and accept these Terms and Conditions electronically in order to register for and use the Bill Payment Service. (2) E SIGN Disclosures To use the Bill Payment Service, you must agree to receive the Terms and Conditions for the service (including any changes to these Terms and Conditions) electronically. To do this, you must check the box at the bottom of this page and click Continue. You have the right to have this disclosure provided via paper. After clicking the Accept and Continue button, you may request a paper copy of this consumer disclosure by calling (866) You have the right to withdraw your consent to receive electronic disclosures by calling us at (866) If you do, you will no longer be able to use the Bill Payment Service. Your consent to receive electronic disclosures applies to any current or future disclosures in connection with the Bill Payment Service; You can update your electronic contact information by using the Update Profile function within the system or calling (866) To access and retain this disclosure and to use the Bill Payment Service, you must have the following: a PC with an Internet browser that supports 128 bit encryption; an Internet connection for the PC; an e mail address; and either a printer or sufficient electronic space to store this disclosure. Electronic Contact Information

2 We will notify you of any changes to these Terms and Conditions by sending an e mail to the e mail address you register with the Bill Payment Service. If an e mail is returned as undeliverable, we will deliver the e mail to a secondary electronic mail address if we have one on file. If we do not have a secondary e mail address for you, we mail a copy of any changes to the physical address we have on record. In order to ensure timely notification of any changes, please notify us promptly of any changes in your e mail or physical address. (3) Service Fees $0.00 Bill Payment Regular Fee (per transaction) $10.00 Bill Payment Expedited Payment Fee (per transaction) (4) Payment Authorization and Payment Remittance To pay a bill, you must tell us who will receive the funds (the recipient is called the Payee ); your account number with the Payee; the amount of money you want to send to the Payee; and the date you want the payment sent. You authorize us to follow the payment instructions you provide through the Bill Payment Service. To process payments more efficiently, we may edit or alter payment data or data formats to comply with Payee directives. You may request a payment be delivered one time, or, if the Bill Payment Service permits, on an automatic recurring basis. You authorize us to debit your T-Mobile Card Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the payment date you designate. You also authorize us to credit your T-Mobile Card Account for payments that are returned and for payments made to you on behalf of another authorized user of the Bill Payment Service. (5) Bill Payment Scheduling The processing date (also called the SEND ON Date ) for any payment will be the date on which you enter all of the required information and click the Submit button to submit your payment. We recommend you submit each payment at least 5 business days before the due date to ensure that there will be enough time to process and complete the payment before it is due. It is your responsibility to schedule payments to arrive by the due date specified on your bill or statement. If the actual due date falls on a non-business Day, you must allow for an additional day for processing. If you elect a processing date that causes payment to be delivered after the due date, we are not responsible for any late charges that the Payee may charge you. We may refuse to permit any bill payment if we reasonably believe doing so is necessary or advisable for security reasons. When scheduling a bill payment, please remember the following about the SEND ON date. The SEND ON date is the date we will attempt to deduct the payment amount from your Card Account. If the attempted deduction fails because you do not have enough funds in your Card Account, the transaction will be cancelled and you will be responsible for rescheduling. Payment deduction attempts happen every day of the week, including weekends and holidays. Since the SEND ON date is always the date on which you click the Submit button, you must have adequate funds in your account at the time you click Submit. Our Business Hours for the Bill Payment Service are posted on this website. (6) Our Liability for Failure to Complete Transactions; The Payment Guarantee If a properly scheduled payment is not received and posted on time by the Payee, we will attempt to cause the Payee to remove any resulting late fees or finance charges (resulting finance charges are calculated based on your payment amount, not your entire balance). If the Payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the Payee. The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment. The following conditions must be met for the Payment Guarantee to apply:

3 A. The payment was scheduled to be delivered on or before the due date stated on your bill (excluding any late fee grace periods). B. The payment was not made to a Prohibited Payee (see Section 11) or to the following types of Payees: Payments to payees located in the Armed Forces Postal Codes, such as AE & AP Payments to settle securities transactions Payments to pay off special or delayed financing for purchases Payments to credit counseling agencies who pay creditors on your behalf C. The information you supplied (Payee name and address and your name and account number as it appears on the Payee s records) is correct. D. You had sufficient funds in your account during our first deduction attempt on the SEND ON date. E. Your T-mobile Card Account was open and was not blocked or suspended (for example, if you had reported your card lost or stolen). We will only be responsible for the direct fees or finance charges imposed by the Payee associated with the late payment. We will not be responsible for any other consequential damages that might arise from the late payment. (7) Payment Methods We reserve the right to select the method in which to remit funds on your behalf to your Payee. (8) Expedited Payments Expedited Payment Fee We may make an Expedited Payment option available. An Expedited Payment is an electronic or check payment that will be delivered faster than a standard payment. Expedited payment is meant for those consumers who need to make an immediate payment. If we make this service available, it will be subject to the fee disclosed in Section 3 ( Service Fees ) above. The fee will be charged when you request expedited payment and will be deducted from your T-Mobile Card Account. (9) Cancelling Bill Payments We may cancel a bill payment if we have a reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to notify you.. You may cancel a bill payment at any time before you click the Submit button. There is no charge for canceling or editing a bill payment entry before clicking the Submit button. However, except for recurring payments (see below) you may not cancel a bill payment once you click the Submit button. If the Bill Payment Service permits recurring payments, then the rules below apply: (i) Right To Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Card Account, you can stop any of these payments. Call us at (866) or write us at Blackhawk Network, Attn: Customer Service, Professional Circle Suite 102, Reno, NV in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. To the extent permitted by law, we may charge you for each stop payment order you give (see Fee Schedule below for amount).

4 (ii) Notice of Varying Amounts. If these regular payments may vary in amount, either we (if you ask us to make recurring payments through the bill pay service) or the person you are going to pay (if you ask them to take money from your Card Account on a recurring basis) will tell you, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set). (iii) Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. (10) Returned Payments Payees and/or the United States Postal Service may return your bill payments to us for various reasons. These reasons include, but are not limited to: the Payee s forwarding address expired; the account number you provided is not valid; the Payee is unable to locate your account; or your account with the Payee is already paid in full. We will use commercially reasonable efforts either to return the payment to your Payee or to void the payment and credit your Card Account. You may receive notification from us of returned payments. (11) Prohibited Payees We will not process payments to any of the following types of Payees ( Prohibited Payees ): Payees designated by the Office of Foreign Asset Control as being prohibited payees Payees having an address outside of the United States (except for APO) Payees of court ordered payments such as alimony, child support, speeding tickets, etc. Collection agencies Tax entities If a payment to a Prohibited Payee is inadvertently processed, the payment guarantee outlined above does not apply to that payment, and we reserve the right to not process a payment to that Payee in the future. (12) Exception Payments The Bill Payment Service may allow tax payments and court ordered payments to be scheduled; however, such payments are discouraged and are scheduled at your own risk. In no event shall The Bancorp Bank or its partners or service providers be liable for any claims or damages resulting from your scheduling of these types of payments. The Payment Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Bill Payment Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, misposted, or misdirected exception payments will be your sole responsibility. (13) Payee Limitation We reserve the right to refuse to pay any Payee to whom you may direct a payment. The Bill Payment Service will notify you 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 or an exception payment under these Terms and Conditions. (14) Failed Transactions When you use the Bill Payment Service, you are requesting us to make payments for you from your T-Mobile Card Account. If we cannot complete a payment for any reason associated with your Card Account (for example, if there are not enough funds in your Card Account to make the payment), the transaction will not be completed. If we do make a payment and there are not enough funds in your Card Account to cover the

5 payment and associated fee (for example, an expedited payment fee), you will receive a return notice from the Bill Payment Service. If you do, you agree that: You will reimburse us immediately upon demand for the transaction amount that has been returned; For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower; and You will reimburse us for any collection expenses we may incur. (15) Internet Notifications It is important to keep a current Internet e mail address on file with us, because we will use e mail to tell you about important security related events: Password changes, if applicable User ID changes, if applicable Internet e mail address changes (sent to old and new addresses) (16) Termination of the Service We may modify, suspend, or terminate your privilege of using the Bill Payment Service and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Bill Payment Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. You may not terminate your participation in the Bill Payment Service if you have outstanding bill payments scheduled. If you have no outstanding bill payments scheduled and you want to terminate your participation in the Bill Payment Service, you must notify us at least 10 business days before the date you wish to terminate. Unless you specify a later date, we will terminate your participation in the Bill Payment Service on the 10th business day following our receipt of your notice. Termination will not affect your or our rights and obligations for transactions made before we have had a reasonable time to respond to your termination request. (17) Exclusions/Disclaimers of Warranties, Liability Limitations and Indemnities THE BILL PAYMENT SERVICE AND ALL DOCUMENTATION OR CONTENT CONTAINED THEREIN OR PROVIDED THEREWITH ARE PROVIDED AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE BILL PAYMENT SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE BILL PAYMENT SERVICE. WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $100 DOLLARS, WHICHEVER IS LESS. YOU AGREE TO INDEMNIFY US FOR ALL LOSSES, DAMAGES, LIABILITIES AND COSTS WE INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE BILL PAYMENT SERVICE. (18) Security You agree not to give your password(s) or make them or any other means to access your Card Account or the Bill Payment Service available to any unauthorized person. You are responsible for all payments you authorize using the Bill Payment Service. If you permit other persons to use the Bill Payment Service or give them your password or other means to use the Bill Payment Service with your Card Account, you are responsible for any transactions they authorize. If you believe that your password(s) or other means to access your account or the Bill Payment Service have been lost or stolen or that someone else has transferred or may attempt to transfer

6 money from your Card Account without your consent by using the Bill Payment Service, you must notify us at once by calling 1 (866) during customer service hours. Here are some tips for keeping your information secure: Use Your Own Computer. It is generally safer to access your financial accounts from your own computer. Avoid using public computers to access your financial accounts. Public computers may contain software that captures passwords and PINs, providing that information to others at your expense. If you do use another computer, be sure to delete your "Temporary Internet Files" or "Cache" and clear all of your "History" after you log off your account. You should occasionally check to make sure that no one else has attached any device or added programs to your computer without your knowledge or consent. Consult the Help function on your browser and operating system to learn how to delete this information. Protect Your Passwords and PINs. Do not share your passwords or PINs with others. When you give someone your ID and password, we are not responsible for any transactions that person performs. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent will not be considered unauthorized. We may suspend or cancel your password if we suspect your password is being used in an unauthorized or fraudulent manner. For your protection, sign off after every session and close your browser to ensure confidentiality. Subject to The Bancorp Bank E-SIGN Disclosure, you agree that we may post notices and other communications on your account. You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your Card Account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. Log Out Completely. Always click the "log out" button to terminate your access to your accounts. Access may not be terminated if you simply close or minimize your browser or type in a new web address when you're done using your online account. Other users of the computer might be able to reenter the site and have access to your account online if you do not properly log out. If you must visit another site while you are logged into your financial account, use a different type of browser rather than opening another window. Wireless Connections are not 100% secure. Wireless networks may not provide as much security as wired Internet connections. In fact, many "hotspots" wireless networks in public areas like airports, hotels, internet cafes and restaurants reduce their security settings so it is easier for individuals to access and use these wireless networks. This increases the possibility that someone may intercept your information. Secure Your Confidential Documents. Keep all your financial documents in a secure place, and be careful how you dispose of any documents with financial or other confidential information. Shred documents that have confidential financial or identification information before throwing them away. Safeguard Your Social Security Number. Do not use your Social Security number as a username, password or PIN, and make sure that it does not appear on your printed checks. If your Social Security number appears on your driver's license, be sure to ask your state's Department of Motor Vehicles whether it can use an alternative number. Keep your Social Security card in a safe place and avoid carrying it with you. You should also be sure to safeguard the social security numbers of any dependents. Do a Periodic "Identity Theft" Check. Reviewing your credit report may alert you to inaccuracies and unauthorized activity. You can obtain a free credit report every 12 months from three different credit bureaus. If you think that your personal information has been stolen, immediately contact your bank to notify them of the problem.

7 (19) Information About Your Right to Dispute Errors In case of errors or questions about your electronic transactions, call (866) or write to Cardholder Dispute Services, Department 6220, 5918 Stoneridge Mall Road, Pleasanton CA if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us within one hundred twenty (120) days after the transfer allegedly in error was credited or debited to your Card Account. You may request a written history of your transactions at any time by calling us at (866) or writing us at Blackhawk Network, Attn: Customer Service, Professional Circle Suite 102, Reno, NV You will need to tell us: 1. Your name and Card Account number 2. Why you believe there is an error, and the dollar amount involved 3. Approximately when the error took place If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred 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) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) 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 to complete the investigation. If you do not have federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, 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 (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call us at the telephone number shown above or visit my.t-mobile.com/moneyservices. (20) Liability for Unauthorized Transfers If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled Information About Your Right to Dispute Errors. If you do not notify us in writing within one hundred twenty (120) days after the date the transactions was debited or credited to your Card account, you may not get back any value you lost after the one hundred twenty (120) days if we can prove that we could have stopped someone from taking the value if you had notified us in time. If you notify us orally, we may require you to give written notice within ten (10) business days. We reserve the right to conduct an investigation into the validity of any claim of unauthorized use. You agree to cooperate with any investigation we may make.

8 (21) Entire Agreement You and we agree to resolve any dispute by looking to this Agreement. You agree that this Agreement and your T-Mobile Visa Prepaid Cardholder Agreement are the complete and exclusive statements of the agreement between you and us regarding the Bill Payment Service and take preference over any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what a customer service representative says and the terms of this Agreement, the terms of this Agreement will prevail. (22) General Terms This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. We will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. You may not assign this Agreement to any other party. We may assign this Agreement in our discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. You acknowledge that we shall not be responsible for any failures, delays or other issues of any kind caused by reasons beyond our reasonable control, including but not limited to acts of God, earthquakes, strikes or shortages of materials. (23) Amendments We reserve the right, in our sole discretion, to amend, change, or modify these Terms and Conditions at any time without notice, and it is your responsibility to review the Bill Payment Service Terms and Conditions periodically for any changes. Your continued use of the Bill Payment Service following any amendment will signify your acceptance of and agreement to such revised Terms and Conditions. (24) Your Warranties You warrant and represent that the information you are providing us with is true, correct and complete. You agree not to impersonate any person or use a name that you are not authorized to use. You agree to promptly update your registration records if your e mail address or other information changes. You warrant that you will not use the Bill Payment Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Bill Payment Service in any manner that could damage, disable, overburden, or impair the Bill Payment Service or interfere with any other party s use and enjoyment of the Bill Payment Service. (25) Customer Service For customer service or additional information regarding the Bill Payment Service, please call us at (866) or write us at Blackhawk Network, Attn: Customer Service, Professional Circle Suite 102, Reno, NV Customer Service agents are available to answer your calls daily between 6am and midnight Central Time.