TERMS AND CONDITIONS
ELECTRONIC BILL PAYMENT & INTERNET BANKING
School Systems Federal Credit Union (FCU)
150 Defreest Drive
Albany, NY 12180
Internet Bill Payment and Home Banking Agreement and Disclosures ("Agreement")
apply to Your use of the Bill Payment / Home Banking Service, which
permits You to access Your Accounts with
the Internet for services selected by You and agreed upon by Us.
The following information describes the various types of Bill Payment
and/or Home Banking Services, which are available to members together
with your rights and responsibilities concerning these transactions,
including your rights under the Electronic Funds Transfer Act. PLEASE
READ THIS DOCUMENT CAREFULLY. You may want to print or save this document
for future reference, or if you would like to receive a paper copy you
may email your request or call Member Services at (518) 286-1611. Some
information may not pertain to you.
Electronic Funds Transfers are deposits to, withdrawals from, or transfers
between your accounts, which are not originated by check, draft or similar
paper instrument. If your account(s) involves such transfers, you have
certain rights under laws, which are described below. PLEASE CONTACT
US BY CALLING THE ABOVE TELEPHONE NUMBER IF YOU HAVE ANY QUESTIONS.
I. Defined Terms.
As used in this Agreement, the following terms shall have the following
- "Account" or "Accounts" means
Your deposit and loan accounts with Us including but not limited
certificate of deposit and savings account(s) accessible
- "Account Balance" means collected funds to include availability
of funds pursuant to a credit line agreement.
- "Bill Payment" means the process or payment by which We
pay Your designated Payee based on Your Payment Instructions.
- "Business Day" means Monday through Friday, excluding
- "Bill Payment" means Our Internet bill payment application
designed for Your online convenience.
- "Credit Union" means School Systems FCU and its affiliates,
subsidiaries and any agent, independent contractor, designee or assignee
that this Credit Union may, in its sole discretion, employ in the provision
of this service.
- "Home Banking” means Our Internet application designed
for Your online banking convenience.
- "Electronic Record" means a contract or other record created,
generated, sent, communicated, received, or stored by electronic means.
- "Funds Transfer" means the allocation of funds from one
accessible Account to another accessible Account.
- "Payee" means the biller to whom You wish a Bill Payment
to be directed.
- "Payment Instructions" means the information provided
by You to schedule a Bill Payment to be made to Your Payee, subject
limitations in this Agreement.
- "Processing Date" means the Business Day Your Account
is debited."Transaction" means each Payment Instruction or Funds
- "We," "Our, " and "Us" means School
- "You" and "Your" means each depositor on an
Account accessible by this online service.
This Agreement applies to all persons that are parties to the Accounts.
This Agreement contains the terms and conditions governing Bill Payment
and Home Banking, including disclosures required by federal law. Please
read this Agreement carefully and keep a copy for Your records.
By subscribing to Bill Payment and/or Home Banking, You acknowledge
that You have received and read this Agreement and agree to its terms
and conditions. You also acknowledge that this Agreement has been accepted
by one or more of the persons who established the subject Account with
By choosing to use Bill Payment and/or Home Banking, you agree that
the terms and conditions in this Agreement, and any amendments or changes
hereafter, apply to You and any others whom You permit to use Bill Payment
and/or Home Banking. If you do not agree with the terms and conditions,
you may not use Bill Payment and/or Home Banking. By using Bill Payment
and/or Home Banking, you consent to the electronic transmission or personal
financial information. Your consent will be deemed effective for as long
as you use Bill Payment and/or Home Banking.
You agree that each owner of an Account is authorized to access all
of the funds held in that Account. We are entitled to act on Transaction
instructions received using your User ID and Password and you agree that
the use of your User ID and Password will have the same effect as your
signature authorizing the Transaction. You are responsible for keeping
Your passwords and account data confidential.
III. Access and Functions.
computer or other Internet-access device, You can access Bill Payment
and Home Banking 24 hours a day, 7 days a week, except during
any special or scheduled maintenance periods. Using Your assigned User
ID and Password, You can, subject to these Terms and Conditions and
the applicable service specifications:
your home page preferences-Bill Payment and Home Banking
- View select
Account information-Home Banking
funds among Your eligible Accounts-Home Banking
- View transaction
history-Bill Payment and Home Banking
bill payments from eligible Accounts-Bill Payment
- Send and
receive secure messages to/from authorized Credit Union representatives-Bill
Payment and Home Banking
IV. Hardware and Software Requirements.
To use Bill Payment and/or Home Banking, You will need Internet access
(if by modem, 14.4 baud or higher), and an Internet browser that supports
Secure Sockets Layer with 128 bit encryption. We recommend Internet Explorer
or Netscape versions 4.0 or higher and a computer with at least a 133
mhz processor and a 28.8 modem. You are responsible for selecting all
systems, hardware and Your Internet service provider. You are also responsible
for any defect, malfunction or interruption in service or security due
to hardware failure, Your choice of Internet service provider and systems
and computer services. We are not responsible for any errors or failures
cause by any malfunction of Your computer, and We are not responsible
for any computer virus or related problems that may be associated with
the use of Bill Payment and Home Banking, Your computer or other Internet-access
device. You are also responsible for all telephone charges incurred in
connecting to Bill Payment and Home Banking and for charges by any service
provider providing connection to the Internet.
V. Password and Security.
Upon Your successful enrollment, we will generate a password that You
will be required to change upon Your first use. Using Your password has
the same effect as Your signature authorizing Transactions. You agree
to safely keep the password, not to record the password or otherwise
disclose or make the password available to anyone other than authorized
users of Your Accounts. Anyone to whom You disclose Your password and
anyone who has access to Your password will have full access to Your
account information, including full access to Your Accounts. You have
no ability to limit any such person's authority. If anyone uses Your
password with Your permission, You will be responsible for any Transactions
performed by that person.
VI. Your Liability.
Tell Us at once if You believe Your password has been lost, stolen or
otherwise became available to an unauthorized person. Please contact
Us immediately by telephone or in writing. Telephoning is the best way
of keeping Your possible losses down. You could lose all the money in
Your Accounts (plus Your maximum overdraft line of credit). If You tell
Us within two Business Days, You can lose no more than $50 if someone
used Your password without Your permission. If You do NOT tell Us within
two Business Days after You learn of the loss or theft of Your password,
and We can prove that We could have stopped someone from using Your password
without Your permission, You could lose as much as $500.
Also, if Your statement shows transfers that You did not make, tell
Us at once. If You do not tell Us within 60 days of the date We mail
a periodic statement to You, You may not get any money You lost after
the 60 days if We show that We could have stopped someone from taking
the money if You would have told Us in time. If a good reason (such as
a long trip or a hospital stay) kept You from telling Us, We will extend
the time periods.
VII. Contact in Event of Unauthorized Access.
If You believe Your password has been lost or stolen or that someone
may or has fraudulently accessed Your Account without Your permission,
contact the Credit Union by phone (518-286-1611), or write School Systems
Federal CU, 150
Defreest Drive, Troy, NY 12180 or contact Us via secure
VIII. Information about Bill Payment.
You can pay bills either on an automatic recurring basis or periodically
as You request. You must designate which of Your Accounts will be used
for Bill Payments.
To use Bill Payment, You will provide Us with the name and address of
the Payee, Your Account number with that person and any other information
We require to properly debit Your designated Bill Payment Account with
Us and credit Your Bill Payment Account with the Payee. You agree to
allow the number of days to process as indicated by the Processing Date
for each Bill Payment. You also agree that Your Account will have sufficient
Account Balance on the Processing Date. If Your Account does not have
sufficient Account Balance, We will attempt to re-process the Bill Payment
on the next two Business Days.
If Your Account number or any other information changes, or if You wish
to add or delete Payees, You must enter all such designations and changes
in the appropriate fields through the Bill Payment application prior
to the Processing Date. You authorize Us to make all changes submitted
by You or any other person having access to Your password and Account
Bill Payments are processed either through an electronic transmission
to the Payee or by check drawn from your Credit Union share draft account
which We mail to the Payee. Payees who receive electronic delivery will
receive Your Bill Payment information, including Your Account number
with the Payee, through a secure network. All Credit Union share drafts
are sent through the U.S. mail. Payments made by check are generally
received and credited by most Payees within five to seven Business Days.
If We receive any Payment Instructions from a Payee, We may follow those
instructions, to help ensure that the Bill Payment is received by the
Payee and promptly credited to Your Account.
IX. Processing Date for Bill Payment.
In order to ensure that Your Bill Payment will be received by the due
date You specify during Bill Payment set-up, Bill Payment Account collected
funds must be available on the Processing Date. This is generally five
(5) Business Days prior to the due date. If the payment is made electronically,
Your Account will be debited on the Processing Date. If Your Account
does not have sufficient Account Balance, We will attempt to process
the Transaction on the next two Business Days. The Transaction is canceled
after the third failed attempt and You must re-enter the Transaction.
X. Prohibited Bill Payment and Service Limitations.
Payments may be only to Payees with a United States address. You agree
to not make a Bill Payment of alimony, child-support, taxes or other
governmental fees, or court-directed payments. There is a $1.00 minimum
for Bill Payment Transactions. The maximum permitted Bill Payment amount
is $10,000.00 per Transaction.
We reserve the right to refuse to pay any merchant or other person to
whom You may direct a Bill Payment. We are obligated to notify You promptly
if We decide to refuse to pay a Payee. This notification is not required
if You attempt one or more of the prohibited Bill Payments set forth
XI. Processing Date for Funds Transfer.
We can process a Funds Transfer on the same Business Day as Your instructions,
if We receive Your instructions before Our daily cut-off hour of 4:00
P.M., Eastern Standard Time, on a Business Day. We will process the Transaction
immediately. If We receive Your instruction after the end of Our Business
Day, We process the Transaction on Our next Business Day.
business days are Monday through Friday, excluding holidays. If the
end of a calendar month falls on a Saturday or Sunday, the Credit
Union will frequently "close its books" for that month after
the last business day but before the last actual day of the month.
Transfers made using Home Banking after the books are closed will be
dividend calculation purposes as if they occurred on the first day
of the next month and will be reported on the statement applicable
next month; but they will be shown on the statements having occurred
on the actual calendar day you made the transaction. Loan payments
made by using Home Banking service after the books are closed will
for interest calculation and transaction reporting purposes as if they
occurred on the actual calendar day you made the loan payment, but
they will appear on the statement applicable to the next month. If
record of the date on which you make a loan payment is important to
you for income tax reporting purposes, you may want to make the payment
or before the close of the last business day of December to make sure
it will appear on your year-end statement.
XII. Funds Transfer Limitations.
You may transfer collected funds through Home Banking in any amount
between $1.00 and $9,999,999.00, subject to funds availability. Under
federal regulations, You may make no more than six Funds Transfers and
telephone transfers, including Home Banking Transactions, per month from
Your savings or money market deposit Account. Of these six Transactions,
You are limited to no more than three Transactions per month by check,
draft, debit card or similar order to third parties. Each Funds Transfer
or Bill Payment from Your savings or money market deposit Account is
counted as one of the six limited transfers You are permitted each month.
(However, payments to Your loan accounts with Us are not counted toward
this limit for savings and money market deposit accounts.)
XIII. Canceling an Order.
You may cancel or edit a pending Funds Transfer or Bill Payment until
such time that the Transaction is processed, by selecting and accurately
completing the appropriate fields from within the Bill Payment application.
If We do not receive Your complete and accurate instruction canceling
or editing a Bill Payment prior to such times, We will process the Transaction.
This section applies to a recurring or a one-time Transaction.
When You schedule a Funds Transfer or Bill Payment using Home Banking
or Bill Payment, You authorize and are requesting Us to withdraw the
necessary funds from Your Account with Us and make payments for You from
Your Account. We debit the amount of Your Funds Transfer on the Business
Day You instruct Us to process the Funds Transfer between Your Accounts.
Each instruction to Us to withdraw or transfer from an Account is an
order to Us to pay from that Account on the specified Processing Date.
We debit the amount of Your Bill Payment from Your Account on the Processing
Date, which is generally five (5) days prior to the due date. If we are
unable to complete the transaction for any reason associated with Your
Account (for example, there are not sufficient funds in Your Account
to cover the transaction), the transaction may not be completed.
We may charge Funds Transfers and Bill Payments against the Account
even though the charge creates an overdraft. In some instances You will
receive a return notice from Us. In these cases, you agree that a non-sufficient
funds (NSF) fee will be charged in accordance with the credit union's
established and published service fees. Further, You also agree that
a NSF fee may be charged to Your account even if the payment is not returned
but is paid and overdraws Your Payment Account. If You overdraw Your
Account, You agree to immediately pay Us the overdrawn amount together
with any applicable fees. If the Account is maintained in connection
with an overdraft credit plan, any overdraft will be made in accordance
with the agreement or rules governing that Account rather than this Agreement.
By enrolling for and using this Bill Payment and Home Banking Service
You agree that We have the right to collect funds from all of Your Accounts
to recover funds for all payments that have been requested to be paid
by You and Your authorized user; this includes accounts on which You
are the primary member-owner, as well as accounts on which You are the
You authorize Us to charge You service fees. Our current fee schedule
is available by contacting the Credit Union office at (518) 286-1611.
The fee schedule may be amended by Us from time to time. 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.
XVI. Our Liability For Failure to Process Funds Transfer or Bill Payment.
We will use reasonable efforts to make all Your Bill Payments according
to Your Payment Instructions. We will, however, incur no liability if
We are unable to complete any Bill Payments initiated by You because
of the existence of any one or more of the following circumstances:
the Bill Payment would exceed the maximum permitted Bill Payment
amount or Your Account Balance, or Your Account has been re-titled,
closed, blocked for security reasons, or subject to legal process
or other encumbrances
restricting the transfer.
- If the Bill
Payment processing center is not working properly, and You know
or have been advised by Us about the malfunction before
You execute the Transaction.
- If the Payee
mishandles or delays a Bill Payment sent by Us.
- If You have
not provided Us with the correct names, phone numbers, or account
information for those persons or entities to whom
You wish to direct payment (Payee).
- If circumstances
beyond Our control (such as, but not limited to, fire, flood,
or interference from an outside force) prevent
execution of the Transaction, and We have taken reasonable
precautions to avoid those circumstances.
- If You have
not properly followed the instructions for using this service.
- If Your operating
system is not properly installed or functioning properly.
- For errors
or failures from any malfunctions of Your browser, Internet service
provider, computer, computer
other problems relating
to the computer equipment You use, including, without
limitation, Your inability to access the web site
or any part of the
- For a failure
to provide access or for interruptions in access due to system
Provided none of the foregoing exceptions to the service performance
obligations is applicable, if the Bill Payment or Home Banking service
cause an incorrect amount of funds to be removed from Your Account, We
shall be responsible for returning the improperly transferred funds to
Your Account. If the Bill Payment or Home Banking service causes funds
from Your Account to be directed to an incorrect Payee, You agree to
help Us recover funds directed to the incorrect Payee. We will make every
effort to direct to the proper recipient any previously misdirected Bill
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE
PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN,
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF
ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN
ANY WAY RELATED TO THE EQUIPMENT, SOFTWARE AND/OR BILL PAYMENT OR HOME
XVII. Exclusion of Liability and Warranties.
Our Home Banking and Bill Payment services make use of a private network.
We will use good faith efforts to safeguard the security of the network,
which is intended for authorized users only; however, it is possible
that unauthorized users will gain access.
BY USING THIS
SERVICE, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY FOR THE AUTHORIZED
AND UNAUTHORIZED ACCESS TO THE NETWORK AND YOUR ACCOUNTS.
CREDIT UNION, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER
OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED,
AND CREDIT UNION FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES
RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Web Content and Materials
The information and materials contained in this website - and the terms
and conditions of the access to and use of such information and materials
- are subject to change without notice. Not all products and services
may be available in all geographic areas. Your eligibility for particular
products and services is subject to Our final determination and acceptance.
We and Our suppliers may discontinue or make changes in the information,
products or services described herein at anytime. Any dated information
is published as of its date only, and We do not undertake any obligation
or responsibility to update or amend any such information. We reserve
the right to terminate any or all website offerings without prior notice
to the user. Furthermore, by offering information, products or services
via this Worldwide Website, no solicitation is made by Us to any person
to use such information, products or services in jurisdictions where
the provision of such information, products or services is prohibited
of the possibility of human and mechanical error as well as other factors,
We are not responsible for any errors in Our
from information contained in or accessed through this website. All
such information is provided "as is" to the user without
express or implied warranties of any kind including the warranties
non-infringement of intellectual property or fitness for any particular
purpose. Furthermore, We will not be liable for any delay, difficulty
in use, inaccuracy of information, computer viruses, malicious code
or other defect in this website, or for the incompatibility between
website's files and the user's browser or other site accessing program.
Nor will We be liable for any other problems experienced by the user
due to causes beyond Our control. No license to the user is implied
in these disclaimers.
Links to Other Sites
Links that are to non-School Systems FCU websites are provided solely
as pointers to information on topics that may be useful to users of the
School Systems FCU website, and We have no control over the content on
such non- School Systems FCU websites. If you choose to link to a website
not controlled by Us, We make no warranties, either express or implied,
concerning the content of such a site, including the accuracy, completeness,
reliability or suitability thereof for any particular purpose, nor do
We warrant that such site or content is free from any claims of copyright,
trademark or other infringement of the rights of third parties or that
such site or content is devoid of viruses or other contamination. We
do not guarantee the authenticity of documents on the Internet. Links
to non- School Systems FCU sites do not imply any endorsement of or responsibility
for the opinions, ideas, products, information or services offered at
such sites, or any representation regarding the content at such sites.
Product offers, rates, terms, and other information provided herein
are subject to change without notice. We may discontinue or make changes
in the information, products or services described herein at any time.
We reserve the right to terminate any or all web offerings without prior
notice to the user. Due to occasional inaccessibility to our web site,
We can not guarantee completeness or accuracy of the information provided
herein. We reserve the right, in Our sole discretion and without any
obligation, to correct any error or omissions in any portion of the services,
product or materials.
XVIII. In Case of Errors or Questions.
If You believe that there has been an error related to a Funds Transfer
or other related service, You have questions or need more information
about a Funds Transfer or related service, or You believe Your statement
or receipt is wrong contact the Credit Union by phone (518-286-1611)
or write Us at School Systems Federal CU, 150 Defreest Drive, Troy, NY
12180 soon as You can. We must hear from You no later than 60 Calendar
Days after We sent You the FIRST statement on which the problem or error
Us Your name and Account number (if any).
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.
- Tell Us the
dollar amount of the suspected error.
- Please also
include a telephone number at which You can be reached in the
event We need any additional information.
If You tell Us orally, We retain the right to require that You send
Us Your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 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 Your complaint
or question. If We decide to do this, We will credit Your Account within
10 Business Days for the amount You think is in error, so that You will
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 10 Business Days, We may not credit Your
The 10 day period in the preceding paragraph may be extended to 20 Business
Days, if the error involves a transfer to or from the Account within
30 days after the first deposit to the Account was made.
If the error involves an electronic transfer from Your Account to buy
goods or services direct from a merchant, a transfer initiated outside
of the United States or a transfer that occurred within 30 days after
the first deposit to the Account was made, the 45 day time period to
investigate Your complaint or question will be 90 days in place of 45
We will tell You the results within three Business Days after completing
Our investigation. If We decide that there was no error, We will send
You a written explanation. If You received credit during the investigation,
Your account will be debited at that time. You may request copies of
the documents that We used in Our investigation for a reasonable charge.
XIX. Account Information Disclosure.
circumstances under which We may provide information about Your accounts
to third parties are summarized in Our current privacy
You agree that We may deliver Our privacy notices and opt-out notices
to You. You may access the privacy notice on "http://www.school-systems.com" or
request a paper copy by writing to Us at School Systems Federal CU,
150 Defreest Drive, Troy, NY 12180
XX. Third Parties.
You understand that support and services are provided by third parties
other than Us, and You authorize Us to contract with third parties to
provide such support and service.
XXI. Electronic Record Consent.
You consent to receive Electronic Records that may be required to be
made available during the course of Your Bill Payment and Home Banking
relationship with Us. You have a right to withdraw the consent to receive
Electronic Records by notifying Us in writing at School Systems Federal
CU, 150 Defreest Drive, Troy, NY 12180 or via secure messaging.
XXII. Your Right to Obtain Paper Copies.
You have a right to obtain Electronic Records in paper form, upon request.
You may obtain a paper copy of an Electronic Record by contacting Us
by phone 518-286-1611. We may charge photocopy fees identified in Our
current fee schedule accompanying this Agreement.
XXIII. Periodic Statements.
Your Account activity will appear on Your periodic account statement.
If there are no transfers in a particular month, You will receive statements
at least quarterly. You agree to review your account statement promptly
after You receive it. If Your account statement shows a transaction that
You did not authorize, You must notify Us at once.
A copy of any documentation provided to you which indicates that an
electronic fund transfer was made shall be admissible as evidence of
such transfer and shall constitute prima facie proof that such transfer
XXIV. Notification of Change in Name or Address.
You agree to notify Us promptly in writing of any change via secure
messaging or to School Systems Federal CU, 150 Defreest Drive, Troy,
XXV. Termination or Discontinuation.
In the event You wish to discontinue Bill Payment or Home Banking, You
must notify Us in writing. Written notice of service discontinuance must
be supplied ten (10) Business Days prior to the first day of the month
to: School Systems Federal CU, 150 Defreest Drive, Troy, NY 12180. You
may also notify Us through secure messaging. If You notify Us verbally,
You must also send Us written notification. After Your proper notice
is received by Us, the actual discontinuance date, for purposes of monthly
fees, will be the first day of the next month. As such, monthly fees
will not be pro-rated. You authorize Us to continue making transfers,
bill payments and other transactions You have previously authorized until
the first day of the next month following receipt of a proper election
to terminate or discontinue Your Account. Once we have acted upon Your
closing notice, we will make no further transfers, payments or transactions
from Your Account, including transfers, payments or transactions you
have previously authorized.
Any one person who can use the Account is eligible to terminate this
service. If more than one person is authorized to withdraw funds from
Your Account, or if another person is authorized to electronically access
Your Account, We cannot stop that person from using the Bill Payment
or Home Banking services.
We may modify, suspend or terminate Your privilege of using Bill Payment
or Home Banking services and may withhold approval of any Transaction,
at any time, without prior notice to You. In the event We terminate Your
privileges, We will try to notify You in advance but are not required
to do so. You will be notified as soon as practicable.
Neither termination nor discontinuation shall affect Your liability
or obligation under this Agreement. If either You or We end your rights
to use the Bill Payment or Home Banking, We will no longer be required
to complete any of your Bill Payment or Home Banking transactions. You
will remain obligated to Us under this Agreement for all your Bill Payment
or Home Banking transactions, even if they occur or are completed after
this Agreement is ended.
XXVI. Information Authorization.
In order to facilitate Bill Payment or investigate fraud, it may be
necessary to obtain additional information from other financial institutions,
merchants or consumer credit reporting companies. By accepting and using
Bill Payment, You agree that We have the right to request a review of
Your credit rating at Our expense through an authorized bureau. In addition,
You authorize Us to obtain information regarding Your Bill Payment Transaction
from a merchant or other Payee to resolve payment-pending problems.
In the event of a dispute regarding the Service, You 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 Us, which supersedes any proposal or prior agreement, oral or written,
and any other communications between You and Us relating to the subject
matter of this Agreement. If there is a conflict between what one of
Our employees says and the terms of this Agreement, the terms of this
Agreement shall control.
You may not assign this Agreement to any other party. We may assign this
Agreement to Our successor in interest or to any, 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.
XXVIII. No Waiver.
We shall not be deemed to have waived any of Our rights or remedies
hereunder unless such waiver is in writing and signed by Us. 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 wavier
of any rights or remedies on future occasions.
This Agreement is governed by the federal laws of the United States and
the laws of the state of New York, unless otherwise required by federal
or state law. Any issue relating to an Account or service with Us that
you access through the Bill Payment or Home Banking service shall be
governed by the laws specified in the agreement for that Account or
service if there is a separate agreement for that Account or service.
The captions of the Sections contained herein are for convenience only
and shall not control or affect the meaning or construction of any
of the provisions of this Agreement.
We may amend or change the terms and conditions, including all applicable
fees and service charges, of this Agreement at any time. We will provide
You with notice at least thirty (30) days before the amendment becomes
effective by sending written notice to You are Your address on record
with Us if the amendment or change will result in greater costs or liability
to You or stricter limitations on the transfers You may make. To the
extent permitted by applicable law, We will notify You of any such change
or amendment electronically by posting such notice on our Bill Payment
or Home Banking login page. If however, an immediate change in the terms
and conditions is necessary for security reasons, We may amend these
terms and conditions without such prior notice.
Any use of the services after We send you notice of the change or amendment
will constitute Your agreement to such change(s) or amendment(s). If
you do not agree to the change or amendment, You must notify us prior
to the effective date of the change or amendment and cancel your access
to the Service.
Further, We may, from time to time, revise or update the programs, services,
and/or related material, which may render all such prior versions obsolete.
Consequently, We reserve the right to terminate this Agreement as to
all such prior versions of the Bill Payment and/or Home Banking Service
programs, services, and/or related material and limit access to the Service's
more recent revisions and updates.
XXX. Conflict of Provisions.
This Agreement is intended to supplement and not to replace other agreements
between You and Us relating to Your accounts, including, without limitation,
Our Deposit Account Rules. In the event of a conflict between this Agreement
and any other Account rules and agreements that apply to Your accounts,
this Agreement shall govern and prevail, unless otherwise specified in