Bill Payment Agreement

The first time you access EECU’s Bill Pay service (“Bill Pay Service” or “Service”), you agree to be bound by the terms and conditions of this Bill Payment Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms.
 

Introduction

This Agreement explains the terms and conditions for accessing EECU Bill Pay accounts and conducting Bill Pay transactions via EECU’s Online Banking site.

This is your bill paying agreement with EECU. You may use EECU’s Bill Pay Service to make payments from a designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are incorporated into, and in addition to, the Deposit Account Agreement, the Electronic Fund Transfers Agreement, and any other applicable written agreements in effect and as amended from time to time governing your Account (the “Account Rules”).

As used in this Agreement, the terms "you" or "your" means each person who acknowledges the bill paying enrollment form or is otherwise authorized to use the Service. "Payee" means anyone, including EECU, you designate and EECU accepts as a payee.
 

Requirements

To access EECU’s Bill Pay Service, you must be using Microsoft Windows or Mac OS X or later, and one of the following browsers: Microsoft Internet Explorer 6.0 SP2 or later, America Online 10.1 or later, Google Chrome 3.0 or later, Apple Safari 4.0 or later, or Mozilla Firefox 3.0 or later.

In addition to compatible software, you must have enrolled in EECU’s Online Banking and maintain one or more of the following eligible accounts at EECU:

  • Personal checking account
  • Business checking account
 

Password and Authentication

Your password and other associated authentication factors were given to you to access Online Banking, which has a secure link to Bill Pay Service. EECU is entitled to act on any instructions it receives using your password and EECU’s other security authentication procedures. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your Online Banking password regularly to try and avoid misappropriation by a third party, and use a password that is not easily guessed. Your password can be changed at our Online Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Online Banking, Bill Pay, and any other online services available to EECU members. You may be responsible for all transactions performed when authenticated into Online Banking, even if you did not intend or authorize them. In addition, fraudulent transactions so initiated may be charged against your account(s).
 

Restrictions

You may not appropriate any information or material that violates any copyright, trademark, or other proprietary or intellectual property rights of any person or entity while using Online Banking or Bill Pay Service. You may not gain, or attempt to gain, access to any Online Banking or Bill Pay Service server, network, or data not specifically permitted to you by EECU or its suppliers, and you must not include any obscene, libelous, scandalous, or defamatory content in any communications with EECU or its suppliers.
 

Accessing the Service

Each time you access the service, you must first sign in to Online Banking and then click on the “Bill Pay” link.
 

How to Set Up Payees/Payments

When you access the Bill Pay Service system you will need to establish your list of Payees before you can begin paying bills. This is done by entering the name of the new Payee in the “Pay Someone New” box on the homepage, and then clicking the “Add” button to continue the setup process. You may add a new fixed payment for any Payee but only if they are on your authorized list of Payees. If the Payee is not set up for electronic payments, the service will generate a paper check for payment. Funds will be debited from your account within two business days of the date you request payment to be sent. EECU reserves the right to refuse the designation of a Payee for any reason.

EECU is not responsible if a bill payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your authorized Payee list.
 

The Bill Paying Process

EECU will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill to be sent, provided the payment request is received prior to the cut-off time set by EECU, which is currently 8:00 p.m. CST. 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. EECU reserves its right to change the cut-off time by giving you notice if it changes.

Automatic or recurring payments scheduled to be sent on the 29th through the 31st day of the month will be sent on the last day of any month that does not have the date the payment was scheduled. So, if your recurring payment is scheduled for the 31st day of the month, it will paid on the 30th day for all months that only have 30 days.

When setting up a bill payment, you will schedule the Send On date. This is the date the payment is actually sent to the Payee. The system will calculate a Deliver By date that factors in the time it should take the payment to reach the Payee. When scheduling payments, make sure the Deliver By date is on or before the due date for your bill. Be aware that the system allows for five business days for a check payment to be delivered, and two days for an electronic payment to be delivered. You must take those lead times into account when scheduling a payment that needs to arrive by a particular Deliver By date.

Due to circumstances beyond EECU’s control, some Payees 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 Payee’s payment to be posted.

If your actual due date falls on a non-business day you must select a Send On date that is early enough to allow the Deliver By to fall on the business day prior to the due date of your bill. If the lead time for the payment would cause the Deliver By date to fall on a non-business day (weekend or holiday), the system will automatically move the Deliver By date to the first business day after your due date. This is something you should be particularly aware of when scheduling recurring payments to be made automatically as future due dates could fall on a weekend or holiday.

When you have scheduled a payment, you authorize EECU 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 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 Bill Pay Service with the correct payment account information
  • You have not provided the Bill Pay Service with the correct name, address, phone number, or account information for the Payee upon initiation of the payment
  • Circumstances beyond the control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances
  • The payment processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction

You agree to have available and collected funds on deposit in the Payment Account you designate in amounts sufficient to pay for all bill payments requested, as well as any other payment obligations you have to EECU. EECU reserves 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 Payment Account and EECU has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree EECU, at its option, may charge any of your accounts with EECU to cover such payment obligations.

The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to a Payee.

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.
 

Returned Payments

In using the Bill Pay 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 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.
 

Liability

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 EECU 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. EECU is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment. Subject to applicable law, EECU is not liable for any failure to make a bill payment if you fail to promptly notify EECU after you learn that you have not received credit from a Payee for a bill payment. EECU is 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 EECU's agent. In any event, EECU 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 EECU has knowledge of the possibility of them. EECU 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 EECU's reasonable control.
 

Amendment and Termination

EECU has the right to add to, change, or delete any of the terms of this Agreement at any time by notice mailed to you at the last address shown for the Account on EECU's records or as otherwise permitted by applicable law.

EECU has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to EECU. EECU is not responsible for any fixed payment made before EECU has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by EECU on your behalf.
 

Office of Foreign Assets Control (OFAC)

In order to adhere to OFAC rules and regulations, payments are limited to U.S. postal ZIP codes (this includes U.S. military bases) or U.S. financial institution routing numbers.
 

Fees

Charges for Member-requested Services

These charges will only be assessed if you request one or more of the services listed here. There will be no charge for any item if needed to correct an EECU error.

Returned Check due to Subscriber Error $5.00
Stop Payment $34.00
Return ACH item due to Subscriber or Bank Error $25.00
Overnight Carrier Delivery Charge per item $15.00
Special/Custom Report Charge $25.00
Research Fee for items over 8 months old $25.00

EECU reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.

Some bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Agreement included with this Agreement, or received when you opened your account, which discloses important information concerning your rights and obligations for all bill payments.
 

Responsibility

Neither EECU nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your Payment Account to complete a transaction; (ii) a legal order prohibits withdrawals from your Payment Account; (iii) your Payment Account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking or the Bill Pay Service; (vi) any electronic terminal, telecommunication device, or part of the electronic fund transfer system is not working properly; (vii) you did not provide the Service with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking or the Bill Pay Service; (ix) you knew that Online Banking or the Bill Pay Service was not operating properly at the time you initiated the transaction or payment; (xi) there is a postal delay; or (xi) circumstances beyond EECU’s control (such as fire, flood, or improper transmission or handling by a third party) that prevent, hinder, or delay the transaction.
 

Unauthorized Transactions

You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s).

Note: The terms pertaining to liability for unauthorized use in this section are applicable only to consumers. If you are a business or organization or an authorized user of a business or organization, please refer to the Business Electronic Fund Transfers Agreement regarding your liability for unauthorized use.

If your password has been compromised and you notify EECU within two business days of discovering the loss or misappropriation, you may lose no more than $50. If you do not notify EECU within the two business day period, you may lose as much as $500 if the credit union could have stopped the use of your accounts had it received notice in a timely manner. You should contact EECU, or the bill payment 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. EECU must hear from you no later than 60 days after it has sent the first statement on which the problem or error appeared (If you notify EECU verbally, you may be required to submit your complaint or question in writing or electronically within 10 business days). If you fail to notify EECU within the 60 day period, you may not recover any of the money you lost if EECU can establish that the loss could have been avoided had you submitted notification on time. EECU 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: (i) tell EECU your name and account number; (ii) 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; (iii) tell EECU the dollar amount of any suspected error; and (iv) for a bill payment, tell EECU 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 of the payment 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, we may take up to 45 days, or 90 days in the case of international transactions, 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 international transaction. If we determine that there was no error, we will send you a written explanation 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.
 

Electronic Mail (Email)

While sending email can be a convenient way to communicate with EECU regarding your accounts or EECU’s services, your email is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any email to EECU. Instead we recommend calling Member Services at 817-882-0800.
 

Virus and Spyware Protection

EECU is not responsible for any electronic virus that you may encounter using the Service. We encourage you to purchase and install anti-virus and anti-spyware software and keep it current. We also recommend you routinely scan your computer and any applicable accessories to detect and remove viruses and spyware. If undetected and unrepaired, a virus can corrupt and destroy your programs, files, and hardware, and spyware can compromise your personal information.
 

Damages and Warranties

In addition to the terms previously disclosed, EECU is not responsible for any losses, errors, injuries, expenses, claims, attorneys fees, interest, or other damages, whether direct, indirect, special, punitive, incidental, or consequential, (collectively, “Losses”) caused by the Bill Pay Service or in any way arising out of the installation, use, or maintenance of your personal computer hardware or software, including any software provided by EECU or one of its suppliers. Without limiting the foregoing, neither EECU 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. EECU and its suppliers provide the Bill Pay Service from their own sites and they make no representation or warranty that any information, material, or functions are appropriate for use by you in your jurisdiction. If you choose to use these services, you do so of your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither EECU nor its suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of the Bill Pay Service. EECU MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY, OR PERFORMANCE OF INTUIT, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. THE SERVICE MAY BE UNAVAILABLE FOR A REASONABLE PERIOD OF TIME EACH WEEK FOR SYSTEM MAINTENANCE. EECU DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF PAYEE ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
 

Indemnification

To the extent permitted by law, members shall indemnify, defend, and hold harmless EECU and its officers, employees, directors, suppliers, and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) members’ negligence; (ii) members’ failure to comply with applicable law; or (iii) members’ failure to comply with the terms of this Agreement.
 

Additional Remedies

Due to the likelihood of irreparable injury, EECU shall be entitled to an injunction prohibiting any breach of this Agreement by the member.
 

Applicable Rules, Laws, and Regulations

You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Texas, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state or federal court of competent jurisdiction in Tarrant County, Texas, 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.
 

Assignment

EECU may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
 

Integration

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 incorporated into and in addition to the Deposit Account Agreement, the Electronic Fund Transfers Agreement and Disclosures, or the Business Electronic Fund Transfers Agreement, as applicable, any other written agreements between you and EECU.
 

Severability

If any provision of this Agreement should be declared invalid, unenforceable, or illegal, that part will not affect the validity, enforceability, or legality of any other provision. 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 EECU, this Agreement will control. For business and organization members, this Agreement will control in case of any conflict with the Business Electronic Fund Transfers Agreement.
 

Waiver

EECU 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 EECU of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
 

Force Majeure

Neither party shall be liable for any loss or 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.
 

Construction

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.

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