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.
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.
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.
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.
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.