ONLINE BILL PAYMENT TERMS & CONDITIONS
This is the agreement for Premier Credit Union Online Bill Payment Service as accessed through PremierOnline, Account Access service. It includes certain disclosures for electronic bill payments. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit account agreements, which you were provided as part of your initial membership in the brochure entitled Membership Booklet. If there is a conflict between the terms and conditions of this agreement and one contained in any other agreement between us, this agreement will control.
In this agreement, the words "credit union," "we," "us" or "our" mean Premier Credit Union and its successors or assigns. The words, "you" or "your" we mean each person who is a member of the credit union or other relationship, which is accessible through the Premier Credit Union PremierOnline Bill Payment Service and any person authorized such access. The word “Service” means Premier Credit Union Online Bill Payment Service and information, communication and transactions provided to you by us through any non-branch remote channel, including the Premier Credit Union web site, http://www.premiercu.org (Site).
MONTHLY SERVICE FEE: There is no monthly fee for PremierOnline. However after 60 days of inactivity on a PremierOnline account, the account may be deleted without notice.
When you use this Service or you permit any other person to use this Service, you agree to the terms and conditions we have set out in this agreement and any instructional material, which we provide you regarding the Service. Your use of the Service may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to the credit union. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
- Equipment and Software. The following devices (collectively Equipment) is required to access the Service: Personal computer and modem.
If you access the Services by use of a personal computer, you agree: (1) to use Personal Financial Management (such as Quicken or Microsoft Money) or Internet Services Provider software products (Software); (2) the Software, and any future upgrades, must be loaded and operational on your personal computer and you must use a modem to access the Service through the designated interface Equipment and Software; (3) as this service becomes available to receive account information by electronic transmission of a visual display of the text. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
- To have access to the Service you must be an authorized user of the Software you select, if required for use with the Equipment. You must also have at least one eligible draft account with us. Any account owner or co-owner acting alone may be authorized to access the Service. An account that requires two or more signatures to make withdrawals may not be designated as an Eligible account.
- An eligible account is a Draft Account (S6, S16 or S7) that you request access to through the Service.
- During your first use of the Service, you are required to enter userID. You will be assigned an initial Access Code (password) which you may customize after your initial use of the full Access Code. Use of this Access Code is the agreed security procedure to access the Service through any of the equipment. You agree to keep this number and code confidential to prevent unauthorized access to your account and to prevent unauthorized use of the Service. For security purposes we recommend that you do not use the same Access Codes you use on other credit union products. User can only access secure areas of the Site pursuant to this Agreement with a valid access code related to account held by us. Because of the site security system, should a user attempt to access a secure area more than five times using an invalid userID or access code, that user will be locked out of the secure areas of the Site. To regain access the secure areas a user must view this Agreement and contact us. Information within the secure areas of the site will use at least 40-bit encryption technology. The secure area also will use secure sockets layer technology. The information will be transmitted among various secure computer systems in order to ensure that all bill payments are made in a timely, efficient and secure manner.
- Service Fee. There is no service fee. However, after 60 days of inactivity, your PremierPay account will be deleted without notice. You authorize us to automatically deduct the applicable fee from the Eligible Account.
- Reporting Unauthorized Transactions. If you believe that an unauthorized transaction has been or may be conducted from your account without your permission, call: (515) 282-1611 or toll-free (866) 273-9938, or fax us at: (515) 282-5497, or e-mail us at: firstname.lastname@example.org
- Business Days. Business days are Monday through Friday except Federal holidays. Although electronic bill payment transactions can be initiated at any time except during routine or special maintenance periods, processing of these transactions will occur only on business days.
The following is a list of federal holidays:
New Year’s Day
Martin Luther King Jr.’s Birthday
- Your Responsibility. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your Access Code, you are responsible for any transactions they authorize. You should notify us immediately at (866) 273-9938 if you believe your account has been accessed or your Access Code has been taken or used without your permission. Changing you Access Code and telephoning us right away will help you reduce possible losses.
- RESTRICTED PAYMENTS. YOU ACKNOWLEDGE THAT THIS SERVICE MAY NOT BE USED TO TRANSMIT ALIMONY, CHILD SUPPORT, OR OTHER COURT-DIRECTED PAYMENTS, TAX PAYMENTS OR INTERNATIONAL PAYMENTS.
- Our Responsibility. We, or a third party acting as our agent, are responsible for completing bill payments on time according to your properly entered and transmitted instructions. However, neither we nor the Service Provider will be liable: If you do not have adequate money in your account to complete a transaction from the account, or if that account has been closed; If you have not properly followed Software or bill payment service instructions on how to make a bill payment; If you have not given complete, correct and current instructions so that a bill payment can be made; If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due; If a timely bill payment is made but the payee nevertheless does not credit your payment promptly after receipt; If withdrawals from an Eligible account has been prohibited by a court order such as a garnishment or other legal process; If our agent or we reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed; If your Equipment and/or the Software were not working properly and this problem should have been apparent to you when you attempted to authorize a bill payment; If circumstances beyond our, or our agent's control prevent making a payment, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
- Electronic Fund Transfer Error Resolution. In case of errors or questions about any bill payment service transaction initiated from your account under the Service, contact us immediately. Telephone us at:
(515) 282-1611 or toll-free (866) 273-9938,
or fax us at: (515) 282-5497,
or e-mail us at: email@example.com.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we send or deliver to you the FIRST statement on which the problem or error appeared. To report an error you must provide us with the following information:
- Tell us your name and account number.
- Describe the suspected error or the nature of the problem, or describe what information you need.
- Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation 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, in which case, we will re-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 do not receive it within 10 business days, we may not re-credit your account during the investigation. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
- Liability for Loss or Erroneous Data. You will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of your computer system or third party communications provider on which you may rely. The credit union shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
- Changes/Interruptions in Service. We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service in the Service. We also may need to change the scope of our Service from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
- Harm to Computer Systems/Data. You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material. We will not be responsible or liable for any indirect, incidental or consequential damages, which may result from such harmful components.
- Performance of Software and Electronic Service. In no event will we or our officers, directors employees or agents be liable to you for any consequential, incidental or indirect damages arising out the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
- Privacy. You agree we may release, or assist in the release of credit and other account information to a third party as may be necessary to process a transaction or resolve disputes. A full disclosure of our Privacy Statement is available under the Privacy Statement footnote on the Service’s Home Page or on our credit union web site at www.premiercu.org under Privacy Statement.
- Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Service to maintain or restore security to our Site and systems, if we reasonably believe your access code has been or may be obtained or are being used or may be used by an unauthorized person(s).
- NO WARRANTIES. ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, COMPLETENESS, ACCURACY OR FREEDOM FROM COMPUTER VIRUS. WE DO NOT ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY PARTY, THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR MEMBER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE AND OTHER CONTENT.
- LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES. IN NO EVENT WILL WE, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A MEMBER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
- Your eligibility for this service is subject to our final determination and approval.
- Ownership of Materials. The content and information on our site is copyrighted by Premier Credit Union and/or Corporate Network eCom, LLC and/or licensed to us and the unauthorized reproduction or distribution of any portions is prohibited. "Memberstreet," "Corporate Network" and "Corporate Network eCom" are trademarks of Corporate Network eCom, LLC. Other trademarks, logos and service marks displayed on the Site to identify the source of the services and products are our property or the property of the respective third-party owners. All information and content including any software programs available on or used to operate the Site ("Content") is proprietary to the respective owners. Members are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any of the Marks or Content available on or through the Site for commercial or public purposes.
- Linked Internet Sites. We prohibit caching, unauthorized links to the Site and framing of any Content available through the Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk. You should be aware that linked Sites might contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.
- Severability. If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
- Area of Service. The Services described in this Agreement are solely offered to members in good standing of Premier Credit Union.
- Venue. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Iowa.
- Arbitration of Disputes. If either you or we have any unresolvable dispute or claim concerning the Service, it will be decided by binding arbitration under the expedited procedures of the American Arbitration Association ("AAA"). Arbitration hearings will be held in Des Moines, Iowa. The arbitrator will award the filing and arbitrator fees to the prevailing party. A court may enter a judgment on the award of the arbitrator.
- No Signature Required. When any payment or other on-line service generates items to be charged to your account, you agree that we may debit your designated Eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
- Amendment of this Agreement. We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Service is your agreement to the amendment(s).
- Waiver. We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
- Assignment. We may assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party.
- Termination. We may terminate this service after 60 days of inactivity without notice. Either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) days prior written notice of termination to the other party, and we may terminate this agreement and any service provided hereunder immediately upon suspicion of fraudulent use of the site or any of the service. If you terminate a bill payments service, you authorize us to continue making bill payments you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers or payments from your Eligible account including any bill payments you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
- Governing Law. These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the state of Iowa, without regard to Iowa's conflict of law provisions. Your existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where Premier Credit Union is located.
- Entire Agreement. This Agreement is the entire agreement between you and us for the PremierOnline Bill Payment Service and it supersedes any marketing or other similar material pertaining to the Service delivered to you in writing, verbally or obtained at our site or the site of a Internet Service Provider, such as AOL.