Revised May 13, 2005
All references within this Agreement
to "Payment Service", or "Service" refer
to the Internet BillPayer Service and Online Resources &
Communications Corporation, the third party Internet BillPayer
Service Provider. The term "Credit Union" refers to
Municipal Employees Credit Union of Baltimore, Inc. (MECU)
Availability and Delivery of
Internet BillPayer Service Agreement
This Internet BillPayer Service Agreement (the "Agreement")
is available for viewing on-line at any time, and can be downloaded
or printed using your computer and a printer. All Service subscribers
agree to the electronic availability and delivery of the Agreement,
and further understand and agree that paper (non-electronic)
copies of the Agreement are available from MECU upon request.
Third Party BillPayer Service
Provider
This Internet BillPayer Service is provided by a third party.
Online Resources & Communications Corporation (ORCC) is
the third party who MECU has contracted with to provide this
Service to its members. ORCC will process all bill payments.
MECU is not affiliated with or a part of ORCC and reserves the
right to change Internet Bill Payment Service providers at any
time.
Internet Bill Payment Service
As used in this Agreement for the MECU Internet Bill Payment
Service (the "Agreement"), the term "Payee"
means the person or entity 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 (such as, but not limited to, Payee name, Payee
account number, and payment date); "Payment Account"
means your MECU Checking Account from which all bill payments
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 payment will begin processing.
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.
Bill Payments: Allowing Sufficient
Time
All payments you make will be deducted from your MECU Checking
account. Any obligations that you wish to pay through the Payment
Service must be payable in U.S. dollars to a payee located in
the continental United States. The following payment types are
prohibited through the Payment Service:
- Tax Payments
- Court-Ordered Payments
- Payments to Collection Agencies
- Payments to parties outside
the U.S.A.
- Payment amounts greater than
$9,999.00.
For all payment items, you agree
to have funds available in your MECU Checking account on the
"Scheduled Payment Date". At least five business days
are required to process payments.
If the date you schedule a payment
to be initiated falls on a non-business day (Saturday, Sunday
or holiday), funds must be available in your Checking account
the last business day before the Saturday, Sunday or holiday.
After funds are withdrawn from your Checking account, ORCC may
make the payment either by transferring funds electronically
to the payee or by mailing the payee a check.
You must allow sufficient time
for the payee to receive the payment and process it before the
payment due date.
ORCC will be responsible for any
late fees associated with Service payments as long as the payments
are submitted in accordance with the ORCC guidelines and the
information provided to ORCC is complete and correct. This payment
guarantee applies to late fees or finance charges associated
with the late posting of a payment, provided that all four of
the following conditions are met:
- ORCC receives the payment at
least two (for electronic payments) or five (for check payment)
business days prior to the due date, excluding any grace periods.
- Payment was made to an allowable
merchant.
- You submitted the correct merchant
information such as merchant name and address, account number
and the name on the account that is the same as on the merchant's
records.
- ORCC is responsible for the
delayed payment.
This payment guarantee does not
imply that payments will be delivered and posted within two
or five business days, since the actual date of posting payments
is controlled by the merchant.
ORCC is responsible for exercising
ordinary care in processing and sending payments upon your authorization
in accordance with this Agreement. MECU is not liable in any
way for damages you incur if you do not have sufficient funds
in your account to make the payment on the processing date,
for delays in mail delivery, for changes to merchant's address
or account number unless you have made the required changes
through the Bill Payer Service, for the failure of any merchant
to correctly account for or credit the payment in a timely manner,
or for any other circumstances beyond the control of ORCC or
MECU.
Edit and Cancellation
You may cancel or edit any Pending Payment (including re-occurring
payments) by following the directions within the Bill Payer
application. There is no charge for canceling or editing a Pending
Payment.
Once a payment has been sent by
ORCC, it will be processed according to standard procedures.
Payments, both by check and those made electronically, cannot
be stopped.
Liability for Failure to Make
Payment
If we do not send a payment or make a transfer on time, or in
the correct amount according to your instructions given in accordance
with this Agreement, we will be liable for your caused damages.
However, there are some exceptions, noted in the Electronic
Funds Transfer Disclosure. Additional exceptions are noted below.
We will not be liable if:
- You have not properly followed
the scheduling instruction on how to make a transfer or payment
contained in this Agreement.
- Your computer, phone lines or
MECU's computer systems were not working properly or were
temporarily unavailable, and the problem should have been
apparent to you when you attempted the transfer or bill payment.
- We have placed a "hold"
on funds in your account with your knowledge or in accordance
with reasonable business procedures.
- We have received incomplete
or inaccurate information from you or a third party involving
the account, payment or transfer.
- A court order such as a garnishment
or other encumbrance or legal process prevents us from making
a transfer or payment.
- We have a reasonable basis for
believing that unauthorized use of your PIN or designated
account has occurred or may be occurring or if you default
under this Agreement or any other agreement with us, or if
we or you terminate this Agreement.
- The payee does not process a
payment promptly or correctly, or for any other reason specified
in this Agreement.
In no event will we be liable for
damages in excess of your actual loss due to our failure to
complete a transfer, and we will not be liable for any incidental
or consequential damages.
THE FOREGOING SHALL CONSITUTE 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 AND 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
For purposes of this section, the words Personal Identification
Number ("PIN") shall also mean "Password".
The PIN you have selected for the MECU Internet Account Access
Service also provides access to the Internet Bill Payment Service.
Your PIN is confidential and should NOT be disclosed to others
or recorded on documentation or records located on or around
your personal computer. You are responsible for the proper safekeeping
of your PIN. You agree not to disclose or otherwise make your
PIN available to anyone not authorized to sign on your accounts.
If you authorize anyone to use your PIN, that authority shall
continue until you specifically revoke such authority by changing
the PIN or by notifying the Credit Union and obtaining a replacement
PIN. You understand that if you reveal your PIN to anyone, or
request that the Credit Union issue a PIN to anyone else, you
have authorized that individual to transfer and withdraw funds
from any of your accounts which can be accessed by the PIN,
regardless of whether that person is authorized to transfer
or withdraw funds from the account(s) by any means other than
by use of the MECU Internet Account Access service. If you fail
to maintain security of your PIN and the Credit Union suffers
a loss, we reserve the right to terminate the Services as well
as other Credit Union deposit and loan services. MECU Internet
Access provides the capability for you to change your PIN. To
help safeguard your security, you should change your PIN frequently.
You can do this on line by going to the "Preference"
menu in online banking and clicking on "Change Password".
If you forget your PIN or your system access is disabled due
to the use of an incorrect PIN, or IF YOU BELIEVE THAT YOUR
PIN HAS BEEN LOST OR STOLEN OR THAT SOMEONE MAY ATTEMPT TO USE
THE SERVICE WITHOUT YOUR CONSENT OR HAS TRANSFERRED MONEY WITHOUT
YOUR PERMISSION, CONTACT MECU IMMEDIATELY AT 410-752-8313 OR
1-800-248-MECU.
Your Liability for Unauthorized
Use
Tell us immediately if you believe your Access I.D. or Password
(PIN) has become known to an unauthorized person or if an unauthorized
transaction has occurred involving your account. Telephoning
is the best way of keeping your possible losses to a minimum.
If you tell us within two business days after you learn that
your Access I.D. and Password (PIN) have become known by an
unauthorized person, you can lose no more than $50.00 if an
unauthorized person used your personal codes without your permission
to process a transaction. If you do NOT tell us within two business
days, and we can prove that we could have stopped someone from
using your Access I.D. or Password (PIN) without your permission
if you had told us, you could be liable for as much as $500.00.
Also, if your statement shows electronic funds transfers that
you did not make or authorize, tell us at once. If you do not
tell us within 60 days after the statement was mailed to you,
you may not get back any money you lost after the 60 days if
we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason kept
you from telling us (such as a long trip or a hospital stay),
we may extend the time periods.
MECU reserves the right to require
written re-application for a new or replacement PIN.
Errors
and Questions
In case or errors of questions about your bill payments, you
should as soon as 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 must:
- Tell us your name and Payment
Account number;
- 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
- Tell us the dollar amount of
the suspected error.
If you tell us verbally, in person,
or by telephone, we may require that you submit your complaint
in writing within ten (10) Business Days after providing verbal
notification. We will tell you the results of the 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 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 determine there was no error, we will send you
a written explanation within three (3) Business Days after we
complete our 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:
- Where it is necessary for completing
bill payment transfers, or
- In order to verify the existence
and condition of your account to a third party, such as a
credit bureau or merchant, or
- In order to comply with a governmental
agency or court orders, or if you give us your written permission.
Fees and Charges
We will assess a fee for Non-Sufficient Funds (as per our Fee
Schedule)
You agree to pay all such fees
and charges and authorize MECU and the Service to charge your
designated Payment Account for these amounts and any additional
charges that may be incurred by you. All fees and charges associated
with your MECU Share and Loan accounts 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
The terms of this Agreement, applicable fees and service charges
may be altered or amended by MECU and/or the Service from time
to time. In such event, either the Credit Union or the Service
shall send notice to you at your address as it appears on the
Service's records. You agree that we may provide you with new
disclosures about Billpayer in electronic form. These electronic
disclosures will be posted in the Disclosure section of the
website and will be available for a minimum of 30 days. Any
use of the services after the credit union or the Service sends
you a notice of change to disclosures as described above will
constitute your agreement to such change(s). Further, the credit
union and/or 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 credit union
and the Service reserve 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 eMail Address Changes
You agree to promptly notify MECU of any address change in written
correspondence sent via the U.S. mail (your signature is required
to change an address).
You also agree to keep MECU notified
of any changes to your e-mail address. Your e-mail address can
be updated online by going to MECU's web site at www.mecu.com.
Termination or Discontinuation
of Service
In the event you wish to discontinue the Service, go to the
BillPayer section of MECU's online banking website and click
on "Cancel Billpayer".
MECU and ORCC may discontinue or terminate the Internet Bill
Payment Service to any individual or entity at any time. MECU
will periodically review accounts with an inactive Billpayer
service and notify those accounts with an inactive Billpayer
service that the Billpayer service needs to be activated within
30 days or the Billpayer service will be closed by the credit
union. Neither termination nor discontinuation of the Service
shall affect your liability or obligation 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
pay tax or court-related payments or payments outside the United
States, which are prohibited 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 consumer credit
report 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.
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 Maryland, United States of America,
without regard to its conflicts of laws provisions.