BILL PAYMENT SERVICES AGREEMENT TERMS AND CONDITIONS This Agreement is the contract which covers your and our rights and responsibilities concerning Bill Payment Services ( Bill Pay ) offered to you by Ventura County Credit Union ( Credit Union ). In this Agreement, the words you and yours mean those who request and use the Bill Payment Services. The words we, us, and our mean the Credit Union. The word account means a checking account you have with the Credit Union that you have designated as your Bill Payment Account. By submitting an online request for Bill Pay each of you jointly and severally agree to the terms and conditions in this Agreement, and any amendments. When you apply for the Bill Pay, you must designate your Ventura County Credit Union Checking Account as the account from which payments that you authorize will be debited. You will be given the ability to set up merchants, institutions and individuals that you would like to pay. Bill Payments. You authorize us to process bill payments from your designated account to pay any designated merchant, institution, or individual, in accordance with this Agreement. You may use Bill Pay to initiate two different types of payment transactions: 1) One-time payments. Use one-time payments to make a single payment or payments that may vary from payment to payment for an individual or business. These payments are not reoccurring. 2) Recurring. Use recurring payments to schedule fixed recurring payments (i.e., mortgage payment, auto loan payment, etc.). You have an option in Bill Pay to set recurring payments to automatically continue indefinitely or set a maturity date. There is a maximum dollar limit on any one bill payment of $49,999.99 or the available balance in your designated payment account plus any available overdraft protection balance, whichever is less. Transfers to or from any account are subject to the terms and conditions applicable to that account as set forth in the Membership and Account Agreement and Fee Schedule. There is a minimum dollar limit on any on bill payment of $1.00. 1 P age
There is no limit to the number of payments you may schedule. Payees. A payee is an individual or business to whom you want to make a payment. Payees must be located within the United States. We will process bill pay requests to those payees that you have provided within Bill Pay. Authorized Payments. When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from your designated Ventura County Credit Union checking account. The Credit Union will not process any bill payment transfer if we know the required transaction information is incomplete. In any event, the Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for entering. We will process bill payment transfer requests only to those payees as you authorize. If there are insufficient funds in your account to make the bill payment request, we may refuse to make the payment, make the payment and transfer funds from any overdraft protection account you have established, or make the payment and thereby overdraw the payment account. Should you have non-sufficient funds available in your payment account, we will notify you in the same manner as other non-sufficient fund transactions. In the event that you have insufficient funds in your bill payment account to make the bill payment request, you are responsible for any non-sufficient funds ( NSF ) or overdraft charges the Credit Union may impose. You are also responsible for any NSF, finance charges, and/or late fees imposed by the bill payment provider and/or the merchant(s) you intended to pay with your bill payment account. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. Processing Payments. Bill payments are processed on our business days, which are Monday through Friday excluding holidays. Bill payments are delivered to the payee either electronically, which may take up to three business days from the Scheduled Process Date, or by check to those payees not set up to accept electronic payments, which may take up to five business days to reach the payee. It is your responsibility to schedule your bill payments in such a manner that your obligation will be paid on time. You should enter and transmit your bill payment instructions at least five (5) business days before a bill is due. If you do not allow sufficient time, you assume full responsibility for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization. For electronic payments, the amount of your requested bill payments will be debited from your account on the Scheduled Payment Date and credited to the bill payee on the same day. For non electronic payments, checks are printed on the Processing Date and mailed to the bill payee on the following day. The earliest possible Scheduled Payment Date for each payee will be designated within Bill Pay when you are scheduling a payment. Therefore 2 Page
you will not be allowed to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each payee. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Billing Statement unless the Due Date falls on a nonbusiness day. If the actual Due Date falls on a non-business day, you must select a Scheduled Payment Date that is least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. You will receive a confirmation number at the time of each transaction. Therefore, you must have sufficient funds available to cover your payment on the Scheduled Initiation Date. Canceling or Changing Bill Payments. You may cancel or edit a bill payment under certain circumstances. If you discover an error or want to change a payment instruction (i.e., payment date or payment amount) for a bill payment that you have already scheduled for transmission through the Bill Pay, you may electronically cancel or edit your payment request through Bill Pay. Your cancellation or edit request must be entered and transmitted through Bill Pay before the date you have scheduled for payment. If your request is not entered in a timely manner, you will be responsible for the payment. One-time and recurring payments can be canceled or changed through Bill Pay up until 1:00pm PST on the Scheduled Process Date. You are responsible for canceling, editing, or deleting scheduled bill payment transactions. Due to security restrictions, Ventura County Credit Union will not accept such changes orally or in writing. If you have questions about how to perform any cancellation, edit, or deletion of a scheduled bill payment transaction, contact the Member Service Center at memberservicecenter@vccuonline.net. Stop Payment Requests. The ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. If you told us in advance to make regular payments out of your account, you can stop any of these payments. Here s how: 1) Call us at 800-339-0496, write to us at PO Box 6920, Ventura, CA 93006-6920 or email us at memberservicecenter@vccuonline.net in time for us to receive your request 3 business days or more before 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 14 days after you call. We will charge you for each stop-payment order you give in accordance with our Fee Schedule. 2) If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much 3 P age
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). 3) If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses and damages. If you desire to stop any payment that has already been processed, you must contact the Member Service Center at memberservicecenter@vccuonline.net. The Credit Union must have a reasonable opportunity to act on any stop payment request after a payment has been processed. Although the Credit Union will make every effort to accommodate your request, the Credit Union will have no liability for failing to do so. The Credit Union may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge as set forth in the Credit Union Fee Schedule. Returned Payments. You understand that payees and/or United States Postal Service may return payments to Bill Pay for various reasons such as, but not limited to, payee s forwarding address has expired, account number for the payee is not valid, payee is unable to locate an account, or payee account is paid in full. The Bill Pay Service will use its best efforts to research and correct the returned payment and return it to your payee, or void the payment and credit your checking account. Liability for Unauthorized Access. You are responsible for all transactions you authorize using Bill Pay under this Agreement. If you permit other persons to use your password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your password and accessed your accounts without your authorization. Telephoning is the best way of keeping your losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit if applicable). If you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do NOT tell us with two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500. If your statement shows Bill Payment transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or was available to you online if you have requested Electronic Statements, you may not get any money you lost after the 60 days if we can prove that we could have stopped 4 P age
someone from taking the money if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods. If you believe your password has been lost or stolen or that someone has transferred money from your account without your permission: o Call (800) 339-0496 during normal business hours o Contact us electronically at memberservicecenter@vccuonline.net (email messages received during normal business hours will be handled the same day. All other email messages will be handled the next business day.) o Write to the Credit Union at: Ventura County Credit Union PO Box 6920 Ventura, CA 93006-6920 Security of Password. Access to Bill Pay is obtained through the Credit Union s Online Banking. Your password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your password. You agree not to disclose or otherwise make your password available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your password, you understand that person may use Bill Pay to review your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your password and you agree that the use of your password will have the same effect as your signature authorizing transactions. If you authorize anyone to use your access code in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your password immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your password is changed. If you fail to maintain or change the security of these passwords and the Credit Union suffers a loss, we may terminate your Bill Pay immediately. Fees. Currently there are no fees to use Bill Pay to make payments. The Credit Union reserves the right to charge and/or change fees for this service in the future. You will receive at least twenty-one (21) days prior notice before we begin to charge and/or change a fee for using this service. Right to Receive Statements. Transfers and withdrawals transacted through Bill Pay will be recorded on you periodic statement. You will receive a monthly statement by 5 P age
mail or electronically if you have requested estatements. No printed receipts are issued through Bill Pay. Account Information Disclosure. We will disclose information to third parties about your account or the transfers you make in the following circumstances: 1) As necessary to completed transfers; 2) To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant; 3) To comply with government agency or court order; and 4) If you give us your written permission. Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at the telephone number printed on your periodic statement to find out whether or not the deposit has been made. Limitation of Liability for Bill Payment Services. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your actual losses or damages. OUR SOLE RESPONSIBILITY FOR AN ERROR IN A TRANSFER WILL BE TO CORRECT THE ERROR AND 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 such damages, our liability is limited to the extent permitted by applicable law. The Credit Union will not be liable for the following: 1) If, through no fault of ours, you do not have adequate funds in your account to complete the transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable. 2) If you used the wrong access code, or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and Bill Pay transactions. 3) If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have been apparent when you attempted such transaction. 4) If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, or equipment or power failure) prevent making the transaction. 5) If the funds in your account are subject to an administrative hold, legal process, or other claim. 6) If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can process a transfer on Bill Pay. 6 P age
7) If through no fault of ours, a bill payment transaction does not reach a particular payee due to changes in the payee address, account number, or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you. 8) If the error was caused by a system beyond the Credit Union s control such as a telecommunications system, an Internet service provider, any computer virus or software related problems for software not provided by the Credit Union. 9) If there are other exceptions as established by the Credit Union from time to time. Termination of Bill Pay. You agree that we may terminate this Agreement and your Bill Pay if you breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or access code. You or any other party to your account can terminate this Agreement by notifying us in one of the following methods: Telephone us toll free at 800-339-0496; Contact us by using the application s Secure Message feature; or Write us at: Ventura County Credit Union PO Box 6920 Ventura, CA 93006-6920 Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. You agree to notify any participating merchants that authority to make bill payment transfers has been revoked. Amendments and Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you at least thirty (30) days before the effective date of any changes, as required by law. This means we will mail you notice. Use of the Bill Pay is subject to existing regulations governing the Credit Union account and any further changes to those regulations. Billing Errors. In case of errors or questions about a bill pay transaction from your checking or money market accounts, or if you need more information about a bill pay transaction on the statement, telephone us at the following number or send us a written notice to the following address or fax number as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement or the statement 7 P age
was available to you online, if you requested Electronic Statements, on which the problem appears: 1) Call us at 800-339-0496 2) Write to: Ventura County Credit Union PO Box 6920 Ventura, CA 93006-6920 3) Fax to 805-339-4226 In the notice provide the following information: Tell us your name and account number. Describe the bill payment transaction you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made 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 ten (10) business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 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. 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 3 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. 8 P age