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Bill
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United
Community Credit Union Bill Payer
Agreement & Disclosure for Electronic Transfer Services-Terms
and Conditions
The
Bill Payer service allows you to electronically initiate
bill payments from your accounts at the credit union. This
agreement is the contract, which covers our respective rights
and responsibilities covering the Bill Payer service offered
to you by the Credit Union, aka, (UCCU).
The
Bill payer service allows you to electronically initiate
bill payments from your accounts at the credit union. You
understand and agree that the Bill Payer service arrangement
involves you directly with the credit union under which
the credit union will make payments as scheduled or directed
by you via computer. To pay bills, the Bill Payer service
generates paper drafts called “demand drafts”.
Your use of the Bill Payer service constitutes your authorization
for any “demand draft originated. You understand and
agree that you are liable for any demand drafts issued through
the Bill Payer service and that you are solely responsible
to ensure timely payment of your bills.
Not
withstanding the terms of your signature card and/or other
agreements, which you have with the credit union, you hereby
agree that when you use the Bill payer service, you expressly
adopt the words “Signature on File” as your
signature on any check issued by the credit union at your
request. You authorize the credit union to place the words
“Signature on File” on any such check issued
on your behalf as your authorized signature. You authorize
the credit union to honor all checks for payment of money
drawn on your account bearing the words “Signature
on File.”
In
this agreement the terms “you” and “yours”
means those who request and use the Bill Payer service,
any joint owners of accounts accessed under this Agreement
and /or authorized users of this service/software. The words,
“we” “us” and “our”
mean the credit union. The word “account” means
any one or more deposit or loan accounts you have with the
credit union. By requesting and using the Bill payer service,
each of you, jointly and severally, agree to the terms and
conditions in this Agreement and any amendments.
Please
read this entire Agreement and Disclosure Statement to learn
about our Bill Payer service. If you wish to perform transactions
through the Bill Payer services, you must complete the attached
UCCU Bill Payer form and return it to United Community Credit
Union.
Account
Access
You must use your personal computer to access and use the
Bill Payer Service. You understand the Bill Payer service
is a product of and manufactured by a third party unrelated
to the credit union. The credit union will not be responsible
for errors or failures involving any telephone service,
your computer or the Bill Payer service.
Limitations
on Transaction Frequency and Amount
There is no limit to the number of UCCU Bill Payer transactions
you do per day provided there are sufficient funds to complete
the transactions.
Charges
There may be a monthly charge for the Bill Payer service
as disclosed in the UCCU Rate and Fee schedule. There may
be other charges applicable to transactions (NSF’s,
Overdraft Transfer, etc) as set out in the credit union’s
fee schedule. Charges may be changed periodically. We will
notify you of any changes as required by law.
Your
Right to Stop Preauthorized payments and the Procedures
to Follow
You have the ability to stop payment yourself within the
Bill Payer program. If you have told us in advance to make
regular payments out of your account, you can stop any of
these payments, Here’s how:
Call us at (713) 674-5778, or write us at United Community
Credit Union P.O. Box 606 Galena Park, TX 77547, in time
for us to receive your request three days or more before
the payment is scheduled to be made. If you call, we may
also request that you put your request in writing and get
it to us within 14 days after you call. (We may charge you
a fee for each stop payment order you give).
Disclosure
of Account Information to Third Parties
We will disclose information to third parties about your
account or the transfers you make:
-
Where it is necessary for completing transfers:
-
In order to verify the existence and condition of your
account for a third party, such as a credit bureau or
merchant;
-
In order to comply with a government agency or court order;
or,
-
If you give us your written permission.
-
In accordance with applicable laws and regulations.
Our
Liability for Failure to Make Transfers
If we do not complete a withdrawal in regards to the Bill
Payer Service from your account 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 enough money
in your account to make the withdrawal.
-
If you use the wrong access code or you have not properly
followed any applicable computer or Bill Payment instructions
for making a withdrawal.
-
If you have not given us complete, correct and current
instructions so that we may process a withdrawal.
-
If the Bill Payer service was not working properly and
you know about the breakdown when you started the transfer.
-
If circumstances beyond our control (such as fire, power
failure, flood) prevent the transfer despite reasonable
precautions that we have taken:
-
If the funds in the account are subject to legal process
such as garnishment or attachment, or if the account is
subject to a pledge or security agreement;
-
If there are other exceptions stated in our other agreements
with you.
Documentation
of Transfers
If you have a share checking account, you will receive a
monthly statement of your account transactions. Periodic
statements will be send for each monthly cycle in which
an electronic funds transfer occurs and quarterly if no
funds transfer occurs.
Your
Liability for Unauthorized Transfers
Tell Us At Once if you believe your Bill Payer PIN has been
lost, stolen, used, or may be used without your authority.
Telephoning the credit union is the best way of keeping
you possible losses down.
Business
Days
For purpose of this disclosure, our business days are Monday
through Friday, not including holidays. Normal business
hours are from 10:00 a.m.-5:00 p.m.
Independent
Contractor Relationship
You acknowledge that an independent contractor relationship
exists between the credit union, its data processor, the
owner of the Bill Payer service and other parties who provide
products and /or services relative to the Bill Payer service
and software. You acknowledge and agree that the credit
union is not a partner, employee, joint venturer, or involved
in a joint enterprise with the credit union’s data
processor, the owner/manufacturer of the Bill Payer software
and services, rather the relationship is that of independent
contractors.
Indemnity
and Hold Harmless Agreement
You agree to indemnify and hold the credit union harmless
from all claims, demands, actions, and/or cause of action
arising the use of the Bill Payer programs/service, including
without limitation, those associated with demand drafts
payments originated through the Bill Payer service, timely
payment of bills through the Bill Payment service, as well
as actual damages, incidental damages, consequential damages,
punitive damages, statutory damages, attorney’s fees
and associated cost, which hold harmless and the indemnify
provision shall survive the termination of this agreement.
Jurisdiction
and Venue
The laws of the State of Texas govern this agreement and
venue lies in Harris County, Texas.
Terms
and Conditions
You acknowledge that use of the Bill Payer service constitutes
acceptance of all the terms and conditions of the Agreement.
You acknowledge the risk attendant to the Bill Payer service.
You also acknowledge and agree that the credit union may
discontinue the Bill Payer program at any time without liability
to you.
Attorney
Fees
In the event that a dispute arise under this agreement,
the party prevailing under the final decision of a court
of competent jurisdiction shall be entitled to recover from
the non-prevailing party its reasonable cost and expenses,
including reasonable attorney fees. The right to recover
attorney fees and associated cost shall survive the termination
of this Agreement.
No
Oral Agreements
This agreement, which incorporates herein by the reference
of terms and conditions of your account agreement(s) with
the credit union, as well as the disclosures, which appear
on the Bill Payer screen, constitute the entire agreement
between the parties. There are no oral agreements between
you and us.
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