SMART web billpay

SMART WEB BILLPAY Terms & Conditions
(Due Date Payment Processing)

TERMS AND CONDITIONS OF THE SMART WEB BILLPAYMENT SERVICE

Note: All references to the "Payment Service" and/or "the Service" reflect the Web Bill Payment Service offered by Cumorah Credit Union.

ELECTRONIC DISCLOSURE OF TERMS AND CONDITIONS

I acknowledge electronic receipt of the Terms and Conditions Agreement associated with Cumorah Credit Union's SMART Web BillPay service and agree that I have read and will abide by this agreement. I also agree that Cumorah Credit Union does not need to provide me with an additional, paper (non-electronic) copy of this Agreement unless specifically requested. Further, I understand that a copy Agreement can be printed by using my browser's print command and a printer.

USE OF A THIRD-PARTY BILL PAY SERVICE PROVIDER

CheckFree Corporation ("CheckFree") is the third-party bill pay service provider who Cumorah Credit Union has contracted with to provide bill pay service to its members. CheckFree will be processing bill payments and answering questions directly related to these member-initiated bill payments. Accordingly, the term "CheckFree Customer Care" represents the customer service provided by CheckFree to Cumorah Credit Union's bill pay subscribers on Cumorah's behalf. Cumorah Credit Union, at its sole discretion, reserves the right to change web bill pay service providers.

ENROLLMENT REQUEST FOR THE SMART WEB BILLPAY SERVICE

Cumorah Credit Union reserves the right to refuse enrollment in the SMART Web BillPay service to any member who does not meet the SMART Web BillPay service criteria which has been established by the credit union and/or CheckFree. We also reserve the right to refuse enrollment, at our discretion, to any individual or account.

BILL PAYMENT SERVICE

As used in this Agreement, the term "Payee" means the biller to whom you wish a bill payment to be directed; "Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date, etc.); "Payment Account" means your checking account from which all bill payments will be made; "Business Day" means Monday through Friday, excluding Federal holidays; "Scheduled Payment Date" means the Business Day of your choice upon which your bill payment will be made and your Payment Account will be debited; and "Cutoff Time" means 8:00 p.m., Eastern Standard Time on any Business Day and is the time by which you must transmit instructions to have them considered entered on that particular Business Day.

By providing the Payment Service (hereafter referred to as "the Service") with the names and account information of those persons 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 it to debit your Payment Account and remit funds on your behalf so that the funds arrive as close to the Business Day designated by you as reasonably possible.

While it is anticipated that most transactions will be processed four Business Days before your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your account.

For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than five Business Days before the actual due date, not the late date and/or a date in the grace period. (For example, the payment should be entered no later than Monday before 8 p.m., Eastern Standard Time, for a payment to arrive on Friday.) Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. 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 all late charges. In any other event, including but not limited to choosing a Scheduled Payment Date which is not five Business Days before the due date or on or past the due date stated on your invoice, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

A bill payment is "In Process," starting at the Cutoff Time on the fourth Business Day prior to the Scheduled Payment Date and continuing up to the Scheduled Payment Date. A bill payment is a "Pending Payment," starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "Completed" on the Business Day you selected as the Scheduled Payment Date. You may cancel or edit any Pending Payment (including recurring bill pay 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 Customer Care at 1-888-822-3431. 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. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. 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 out in the Cumorah Credit Union Fee Disclosure.

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 payment or transfer or the transfer would exceed the credit limit of your overdraft account. Per Federal regulation, preauthorized telephone, Internet or automatic transfers from share savings to cover checking overdrafts cannot exceed six in number per calendar month;
2. The bill payment 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 names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
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 to the Service performance obligations 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 person or entity 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 recipient any previously misdirected payments or transfers.

Payments will be made to your Payee either electronically via the Automated Clearing House (ACH) or by check or laser draft. The method of payment depends upon the processing method that can be accommodated by the Payee or CheckFree (e.g., some Payees are unable to accept electronic payments).

PROHIBITED PAYMENTS

The following payment types are prohibited through the Service:

1. Tax Payments
2. Court Ordered Payments
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 Password, User Name or Personal Security Code (PSC) to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your Password, User Name, or PSC, you are responsible for any transactions they authorize from your deposit and credit accounts. If you believe that any or all of your security codes 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 the Service at once by calling 1-888-822-3431, 24-hours a day 7 days a week.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover any or all of your security codes have been lost or stolen, and someone uses your security code(s) without your permission, you can lose no more than $50.00. If you fail to notify the Service within two (2) Business Days after you learn of the loss or theft of any or all of your security codes, and we can prove that we could have prevented the unauthorized use of your security codes had you notified 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 and questions about your electronic transfers or payments, you can do one of the following:

1. Email Customer Care using the Customer Care message system. For specific payment questions choose "Inquire" from the Payment List for the specific payment, this will include the payment information in your question.
2. Telephone Customer Care at 1-888-822-3431.
3. Write to us at:
   Cumorah Credit Union
   c/o CheckFree Corporation
   P.O. Box 182477
   Columbus, OH 43218-2477

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 (60) days after you received the FIRST statement on which the problem or error appeared.

You must:

1. Tell us your name and Service Account Number
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and
3. Tell us the dollar amount of the suspected error

If you tell us in person or by telephone, we may require that you send your complaint in writing within ten (10) Business Days after providing 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 45 days to investigate the complaint or question. If we decide to do this, we will 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 credit your Payment Account. If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of documents which we used in our investigation. . The service may revoke any provisional credit provided to you if we find that an error did not occur.

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 transfers you make ONLY in the following situations:

1. If we return transfers or payments made from your account which are drawn on insufficient funds or if we are unable to complete an electronic transfer or payment because of insufficient funds, or
2. Where it is necessary for completing transfers, or:
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant, or
4. To a consumer reporting agency for research purposes only, or
5. In order to comply with a governmental agency or court orders, or
6. If you give us your written permission

CHARGES

As a service client, you will be charged a fixed fee per month for transactions up to the Service's standard monthly maximum. This fixed fee will be charged regardless of whether the Service was used during the billing cycle and will vary depending on the service level you choose. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.

IN THE EVENT A SERVICE TRANSACTION IS RETURNED

In using the Service, you are requesting the system to 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 this case, you agree that a return fee may be charged in accordance with the established service fees of Cumorah Credit Union.

ALTERATIONS AND AMENDMENTS

The terms of this Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service may send notice to you at your address as it appears on the Service's records or notice may be given by electronic message to your SMART Web Account via the SMART Web Message Board. Any use of the services after the service sends 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 bill payment 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 in writing both Cumorah Credit Union and CheckFree Customer Care of any address change. Changing your address on the Service does not automatically update your address of record at Cumorah Credit Union. Similarly, updating your address at Cumorah Credit Union does not automatically update the address on the Service.

TERMINATION OR DISCONTINUATION

In the event you wish to discontinue the Service, you must contact Cumorah Credit Union c/o CheckFree Corporation within 10 days prior to the actual service discontinuation date. You must request the service discontinuation via the SMART Web BillPay secure messaging system or by written correspondence sent via the mail.

Written notice must be signed and sent to:

Cumorah Credit Union, c/o CheckFree Corporation
P.O. Box 182477
Columbus OH 43218-2477.

When writing in care of CheckFree always include your Service Account Number.

The Service may terminate service to any individual at any time. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

MERCHANT OR PAYEE LIMITATION

The Service reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court related payments or payments outside the United States, which are prohibited under this Agreement.

INFORMATION AUTHORIZATION

Through your enrollment in the Service, you agree that the Service and/or Cumorah Credit Union reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems.

DISPUTES

In the event of a dispute regarding the Service, you and the Service 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 the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what one of the Service's employees says and the terms of this Agreement, the terms of this Agreement shall control.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service 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 the part of the Service 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 for this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State or Nevada, in which Cumorah Credit Union's main office is located, without regard to its conflicts of laws provisions.