January 2008
Note: All references to "the Service" reflect the Bill Pay service
offered by Travis Credit Union.
Bill Pay Service
As used in these Terms and Conditions (the “Agreement”), the term
“Payee” means the person or entity to whom you wish a Bill Pay to be
directed; “Payment Instruction” means the information provided by
you to the Service for a Bill Pay to be made to the Payee (such as,
but not limited to, Payee name, Payee account number, and payment
date); “Payment Account” means your checking account from which all
Bill Pay will be made; “Business Day” means Monday through Friday,
excluding Federal Reserve holidays; “Scheduled Payment Date” means
the Business Day of your choice upon which your Bill Pay will begin
processing and your Payment Account will be debited (a Scheduled
Payment Date of a non-Business Day will be considered to be the
previous Business Day); and, “Cutoff Time” means 11:59 p.m. Eastern
Time on any Business Day and is the time by which you must transmit
Payment Instructions to have them considered entered on that
particular Business Day.
By providing the Service with the names and account information of
those Payees to whom you wish to direct payment, 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 Payment Account on the
selected Scheduled Payment Date and remit funds to the Payee on your
behalf.
If you properly follow the procedures described herein, and the
Service fails to send a payment according to the Payment
Instructions received, the Service will bear responsibility for late
charges ($50.00 maximum). In any other event, including, but not
limited to, choosing a payment date anytime after 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.
A Bill Pay is “In Process” starting at the Cutoff Time on the
Business Day prior to the Scheduled Payment Date and continuing up
to the next Business Day after the Scheduled Payment Date. A Bill
Pay is a “Pending Payment” starting from the time you enter Payment
Instructions until the payment is “In Process.” A Bill Pay is
considered “Completed” on the next Business Day after the Scheduled
Payment Date. You may cancel or edit any Pending Payment (including
recurring payments) by following the directions within the
application. There is no charge for canceling or editing a Pending
Payment. We may not have a reasonable opportunity to act on any stop
payment or cancellation order given after a payment is In Process
and it is not possible to stop or cancel a payment which is
completed. If you desire to cancel or stop any payment which is “In
Process” you must call us at (707) 449-4000 or (800) 877-8328 from
8:00 a.m. to 7:00 p.m. (Pacific time) Monday through Friday and 9:00
a.m. to 5:00 p.m. (Pacific time) Saturdays, excluding holidays.
Although we will make every effort to accommodate your request we
will have no liability for failing to do so. Stop payment requests
sent to us via electronic mail or in any other manner will not reach
us in time for us to act on your request. Such stop payment requests
will be accepted only if we have a reasonable opportunity to act on
such requests. If you call, we may also require you to present your
request in writing within fourteen (14) days after you call. The
charge for each stop payment order will be the then current charge
for such service as set forth in the SCHEDULE OF FEES AND CHARGES
located at the end of these terms and conditions.
The Service will use its best efforts to make 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:
1. If, through no fault of ours, your Payment Account does not
contain sufficient funds to complete the transaction or the
transaction would exceed the credit limit of your of your personal
line of credit, if you have one, or the available balance in another
account, which had been previously designated as an overdraft
source;
2. The Bill Pay processing center is not working properly and you
know or have been advised by the Service about the malfunction
before you execute the transaction;
3. The Payee mishandles or delays a payment sent by the Service;
4. You have not provided the Service with the correct name, phone
number or account information for the Payee; or,
5. Circumstances beyond the Service's control (such as, but not
limited to, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction and the Service has
taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing five (5) exceptions are applicable,
if the Service causes an incorrect amount of funds to be removed
from your Payment Account or causes funds from your Payment 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 Payment Account and for
directing to the proper Payee any previously misdirected
transactions.
Prohibited Payments
The following payments are prohibited through the Service:
1. Tax Payments;
2. Court ordered payments; and,
3. Payments to Payees outside of the United States.
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.
Exclusions of Warranties
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.
Password and Security
You agree not to give or make available your Bill Pay password or
other means to access your account to any unauthorized individuals.
You are responsible for all Bill Pays you authorize using the
Service. If you permit other persons to use the Service or your Bill
Pay password or other means to access your account, you are
responsible for any transactions they authorize. If you believe that
your Bill Pay password or other means to access your 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 us at once by calling us at (707)
449-4000 or (800) 877-8328 from 8:00 a.m. to 7:00 p.m. (Pacific
time) Monday through Friday and 9:00 a.m. to 5:00 p.m. (Pacific
time) Saturdays, excluding holidays.
Your Liability for unauthorized Transfers
If you tell us within two (2) Business Days after you discover your
Bill Pay password or other means to access your account has been
lost or stolen, you can lose no more than $50.00 if someone uses
your Bill Pay password or other means to access your 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 Pay password
or other means to access your account if you had told us, you could
lose as much as $500.00. If your monthly statement contains
transfers 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, you
may lose any amount transferred without your authorization, after
the sixty (60) days, if we can prove that we could have stopped
someone from taking the money had you told us in time. If a good
reason (such as a long trip or a hospital stay) prevented you from
telling us, we may extend the period.
Errors and Questions
In case of errors or questions about your transactions, call or
write us at the telephone numbers and address listed in the “HOW TO
CONTACT US” section as soon possible.
If you think that your statement is wrong or you need more
information about a bill payment listed on the statement, we must
hear from you no later than sixty (60) days after you received the
FIRST statement on which the problem or error appeared. You will
need to tell us:
1. Your name and account number;
2. About 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;
3. The dollar amount of the suspected error;
4. The payee’s name, if known; and,
5. The approximate date of the suspected error
If you tell us verbally, we may require that you send your complaint
or question in writing within ten (10) Business Days after your
verbal notification. 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) days to investigate the complaint
or question. If we decide to do this, we will provisionally credit
your Payment 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 question in writing and we do not
receive it within ten (10) Business Days, we may not provisionally
credit your account.
For errors involving new accounts (accounts opened thirty (30) days
or less), we may take up to 90 days to investigate your complaint or
question and 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 our investigation. If we decide there was no error, we
will mail you a written explanation. 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.
If you need more information about our error resolution procedures,
call or write us at the telephone numbers and address listed in the
“HOW TO CONTACT US” section.
Disclosure of account information to third parties
It is our general policy to treat your account information as
confidential. However, we will disclose information to third parties
about your account or the transactions you make ONLY in the
following situations:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your account to
a third party, such as a credit bureau or Payee;
3. To a consumer reporting agency for research purposes only;
4. In order to comply with a governmental agency or court orders;
or,
5. If you give us your written permission.
Please refer to our Privacy Policy, which is provided to you
separately.
In the event a service transaction is returned
In using the Service, you are requesting the system make payments
for you from your Payment Account. If we are unable to complete the
transaction for any reason associated with your Payment Account (for
example, there are not sufficient funds in your Payment Account to
cover the transaction), the transaction may not be completed. In
some instances, you will receive a return notice from BESTBANK. In
such case, you agree that:
1. You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service.
2. For any amount not reimbursed to the Service within fifteen (15)
days of the initial notification, a late charge equal to 1.5%
monthly interest or the legal maximum, whichever rate is lower, for
any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your
financial institution as a result of the return.
4. You will reimburse the Service for any fees it incurs in
attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the
return to a credit reporting agency.
Alterations and Amendments
The Credit Union reserves the right to change the terms and
conditions of these Terms and Conditions (the “Agreement”), at any
time, including the fee schedule. A notice of any changes that would
affect your account will be will be mailed to you 30 calendar days
in advance of the effective date of change. Any use of the Service
after we provide you a notice of change will constitute your
agreement to such change(s). Further, the Service may, from time to
time, 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.
Address or Banking Changes
You agree to promptly notify us in writing of any address change.
Write us at the address listed in the “HOW TO CONTACT US” section.
Additionally, you agree to notify us in writing at least ten (10)
Business Days in advance of any change in your Payment Account or
your banking status.
Termination or Discontinuation
In the event you wish to discontinue the Service, you must contact
us. Such notice of service discontinuance must be supplied ten (10)
days prior to the actual discontinuance date and must be sent to us
as soon as possible.
We 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.
Payee Limitation
We reserve the right to refuse to pay any Payee to whom you may
direct a payment. We are obligated to notify you promptly if it is
decided 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.
Information Authorization
Your enrollment in the Service may not be fulfilled if we cannot
verify your identity or other necessary information. Through your
enrollment in the Service, you agree that we reserve the right to
request a review of your credit rating through an authorized bureau.
In addition, you agree that we reserve the right to obtain financial
information regarding your account from a Payee or financial
institution to resolve payment-posting problems.
Disputes
In the event of a dispute regarding the Service, you and the Credit
Union 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 Travis Credit Union, which supersedes
any proposal or prior agreement, oral or written, and any other
communications between you and the Credit Union relating to the
subject matter of this Agreement. If there is a conflict between
what an employee of Travis Credit Union says and the terms of this
Agreement, the terms of this Agreement will prevail.
Assignment
You may not assign this Agreement to any other party. We may assign
this Agreement to any future, directly or indirectly, affiliated
company. We may also assign or delegate certain of its rights and
responsibilities under this Agreement to independent contractors or
other third parties.
No Waiver
The Credit Union 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 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.
Captions
The captions of sections hereof are for convenience only and shall
not control or affect the meaning or construction of any of the
provisions of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with
the rules and regulations of applicable federal law and the laws of
the State of California.
How to Contact us
Member Service Center
Account Assistance and Information
(707) 449-4000
(800) 877-8328
Mailing Address
Travis Credit Union
P.O. Box 2069
Vacaville, CA 95696-2069
Web Site Address
www.traviscu.org
Schedule of Fees and Charges
Monthly maintenance fee: FreeOvernight payment:
$17.00 (Per request)
Non-Sufficient Funds (NSF) Fee: $25.00 (Per submission. If
at submission, there are insufficient funds to cover the payment,
the system will resubmit a second time. If there are still
insufficient funds in your account, an additional $25.00 will be
charged for the second submission. If there are still insufficient
funds in your account, the item may not be paid. Travis Credit Union
will not be held liable for the payment or nonpayment of any item
against insufficient funds. In the event that an item is paid, the
Credit Union is under no obligation to pay any future items against
insufficient funds.
Stop payment: $25.00 (Per stop payment request)
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.
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