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Note: All references to "the Service" reflect
the bill payment service offered by the financial institution
listed above.
BILL PAYMENT SERVICE
As used in these Terms and Conditions (the
"Agreement"), the term "Payee" means the
person or entity to whom you wish a bill payment to be
directed; "Payment Instruction" means the
information provided by you to the Service for a bill payment
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
payments will be made; "Business Day" means Monday
through Friday, excluding Federal Reserve holidays;
"Scheduled Transmit Date" means the Business Day of
your choice upon which your bill payment will begin processing
and your Payment Account will be debited; and, "Cutoff
Time" means 5:00 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 Transmit Date and remit funds to the Payee on your
behalf.
While it is anticipated that most transactions will be
processed and completed on the next Business Day after your
Scheduled Transmit Date, and arrive approximately four (4)
Business Days after your selected Scheduled Transmit Date, it
is understood that due to circumstances beyond the control of
the Service, particularly delays in handling and posting
payments by slow responding Payees, some transactions may take
a day or even a few days longer to be credited by your Payee
to your Payee account. For this reason, it is necessary that
all Scheduled Transmit Dates selected by you be no less than
five (5) 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 2:30
p.m. Local Time for a payment to be processed on Tuesday, with
an expected arrival date of 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 late charges ($50.00 maximum). In any other event,
including, but not limited to, choosing a Scheduled Transmit
Date less than five (5) Business Days before the actual
payment 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 payment is "In Process" starting at the
Cutoff Time on the Business Day prior to the Scheduled
Transmit Date and continuing up to the next Business Day after
the Scheduled Transmit 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 next
Business Day after the Scheduled Transmit 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 the Customer Service
Department at 800-286-5254. 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
applicable fee schedule.
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:
- 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
overdraft account;
- 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;
- The Payee mishandles or delays a payment sent by the
Service;
- You have not provided the Service with the correct name,
phone number or account information for the Payee; or,
- 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:
- Tax payments;
- Court ordered payments; and,
- 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 Piscataqua
e-bank Password or other means to access your
account 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 e-bank
Password or other means to access your account, you are
responsible for any transactions they authorize. If you
believe that your e-bank 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 the
Service at once by calling 800-286-5254 during normal customer
service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you
discover your Piscataqua e-bank
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 e-bank 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 e-bank 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, you
should as soon as possible:
- Telephone us at 800-286-5254
during normal customer service hours; or,
- Write us at:
Piscataqua Savings Bank
P.O. Box 568
Portsmouth NH 03802-0568
If you think that your statement is wrong or you need more
information about a transaction 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 must:
- Tell us your name and account number;
- Describe 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; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your
complaint 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 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 transactions you make
only in the following situations:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your
account to a third party, such as a credit bureau or
Payee;
- To a consumer reporting agency for research purposes
only;
- In order to comply with a governmental agency or court
orders; or,
- If you give us your written permission.
CHARGES
Ther is no fee for the bill payment service.
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.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be
altered or amended by the Service from time to time. In such
event, the Service shall send notice to you at your address as
it appears on the Service's records. Any use of the Service
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 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 the e-bank Services
Department of any address change. Additionally, you agree to
notify the e-bank Customer Service Department 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 the e-bank Services Department in writing. Such notice
of service discontinuance must be supplied ten (10) days prior
to the actual discontinuance date and must be sent to:
Piscataqua Savings Bank
PO Box 568
Portsmouth NH 03802-0568
The Service 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
The Service reserves the right to refuse to pay any Payee to
whom you may direct a payment. The Service is obligated to
notify you promptly if it decides 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 the
Service cannot verify your identity or other necessary
information. Through your enrollment in the Service, you agree
that the Service 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 Payee 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 an employee of the Service or
Customer Service Department 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. 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 of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the laws of the State of New Hampshire, without
regard to its conflicts of laws provisions.
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