Bill Payment Service Agreement 
1. INTRODUCTION
This Agreement is the contract which covers your and our rights
and responsibilities concerning the Bill Payment Services offered
to you by Star One Credit Union ("Credit Union"). In
this Agreement, the words "you" and "your"
mean those who submit a Bill Payment Service authorization form
and any authorized users. The word "account" means any
one or more share accounts you have with the Credit Union. By
submitting the online acceptance below, you agree to the following
terms governing your and our rights and responsibilities concerning
the Bill Payment electronic funds transfer services. Electronic
funds transfers ("EFT's") are electronically initiated
Bill Payment transactions involving your Credit Union deposit
accounts.
Upon approval, you may use your personal computer to access your
accounts. You must use your member number along with your security
code to access your accounts. The Bill Payment service is accessible
seven (7) days a week, 24 hours a day. However, from time to time,
some or all of the Credit Union's Bill Payment services may not
be available due to system maintenance. You will need a personal
computer, Internet access and an appropriate web browser (such
as Netscape Navigator or Microsoft Online Explorer). The online
address for the Bill Payment service is https://www.starone.org. You are
responsible for the installation, maintenance and operation of
your computer and modem. The Credit Union will not be responsible
for any errors or failures involving any telephone service or
your computer.
2. SERVICE DEFINITIONS
"Service" means the Bill Payment Service offered
by Star One Credit Union ("Credit Union").
"Biller" is the person or entity to which you wish
a bill payment to be directed or is the person or entity from
which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by
you to the Credit Union for a bill payment to be made to the Biller
(such as, but not limited to, Biller name, Biller account number,
and Scheduled Payment Date).
"Payment Account" is the checking account from which
bill payments will be debited.
"Billing Account" is the checking account from which
all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding
Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller
to receive your bill payment and is also the day your Payment
Account will be debited, unless the Scheduled Payment Date falls
on a non-Business Day in which case it will be considered to be
the previous Business Day.
"Due Date" is the date reflected on your Biller statement
for which the payment is due. It is not the late date or grace
period.
"Scheduled Payment" is a payment that has been scheduled
through the Service but has not begun processing.
3. PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically
four (4) or fewer Business Days from the current date) will be
designated within the application when you are scheduling the
Payment. Therefore, you will not be permitted to select a Scheduled
Payment Date less than the earliest possible Scheduled payment
Date designated for each Biller. When scheduling payments you
must select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Biller statement unless the
Due Date falls on a non-Business Day. If the actual Due Date falls
on a non-Business Day, you must select a Scheduled Payment Due
Date that is at least one (1) Business Day before the actual Due
Date. Scheduled Payment Dates should be prior to any late date
or grace period.
4. THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Credit Union, particularly
delays in handling and posting payments by Billers or financial
institutions, some transactions may take longer to be credited
to your account. The Credit Union will bear responsibility for
any late payment related charges up to $50.00 should a payment
post after its Due Date as long as the payment was scheduled in
accordance with the guidelines described under "Payment Scheduling"
in this Agreement.
5. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Credit Union with names and account information
of Billers to whom you wish to direct payments, you authorize
the Credit Union to follow the Payment Instructions that it receives
through the payment system. In order to process payments more
efficiently and effectively, the Credit Union may edit or alter
payment data or data formats in accordance with Biller directives.
When the Credit Union receives a Payment Instruction, you authorize
the Credit Union and its processing agents to debit your Payment
Account and remit funds on your behalf so that the funds arrive
as soon as reasonably possible after the Scheduled Payment Date
designated by you. You also authorize the Credit Union and its
processing agents to credit your Payment Account for payments
returned to the Credit Union by the United States Postal Service
or Biller, or payments remitted to you on behalf of another authorized
user of the Service.
The Credit Union will use its best efforts to make all your payments
properly. However, the Credit Union shall incur no liability and
any Service Guarantee shall be void if the Credit Union is unable
to complete any payments initiated by you because of the existence
of any one or more of the following circumstances:
1. If, through no fault of the
Credit Union, your Payment Account does not contain sufficient
funds to complete the transaction or the transaction would exceed
the credit limit of your overdraft account;
2. The payment processing center is not working properly and you
know or have been advised by the Credit Union about the malfunction
before you execute the transaction;
3. You have not provided the Credit Union with the correct Payment
Account information, or the correct name, address, phone number,
or account information for the Biller; and/or,
4. Circumstances beyond control of the Credit Union (such as, but
not limited to, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction and the Credit Union
has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if
the Credit Union 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 Biller which does not comply with your Payment
Instructions, the Credit Union shall be responsible for returning
the improperly transferred funds to your Payment Account, and
for directing to the proper Biller any previously misdirected
transactions, and, if applicable, for any late payment related
charges.
6. PAYMENT METHODS
The Credit Union reserves the right to select the method in which
to remit funds on your behalf to your Biller. These payment methods
may include, but may not be limited to, an electronic payment,
an electronic to check payment, or a laser draft payment (funds
remitted to the Biller are deducted from your Payment Account
when the laser draft is presented to your financial institution
for payment).
7. PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring
payments) by following the directions within the application.
There is no charge for canceling or editing a Scheduled Payment.
Once the Credit Union has begun processing a payment it cannot
be canceled or edited, therefore a stop payment request must be
submitted.
8. STOP PAYMENT REQUESTS
The Credit Union's ability to process a stop payment request will
depend on the payment method and whether or not a check has cleared.
The Credit Union may also not have a reasonable opportunity to
act on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been processed,
you must contact Customer Service. Although the Credit Union will
make every effort to accommodate your request, the Credit Union
will have no liability for failing to do so. The Credit Union
may also require you to present your request in writing within
fourteen (14) days. The charge for each stop payment request will
be the current charge for such service as set out in the applicable
fee schedule.
9. PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories
are prohibited through the Service.
10. EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through
the Service, however such payments are discouraged and must be
scheduled at your own risk. In no event shall the Credit Union
be liable for any claims or damages resulting from your scheduling
of these types of payments. The Service Guarantee as it applies
to any late payment related charges is void when these types of
payments are scheduled and/or processed by the Credit Union. The
Credit Union has no obligation to research or resolve any claim
resulting from an exception payment. All research and resolution
for any misapplied, misposted or misdirected payments will be
the sole responsibility of you and not of the Credit Union.
11. BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and
it is your sole responsibility to contact your Billers directly
if you do not receive your statements. In addition, if you elect
to activate one of the Service's electronic bill options, you
also agree to the following:
a. Information provided to the
Biller. The Credit Union is unable to update or change your personal
information such as, but not limited to, name, address, phone
numbers and e-mail addresses, with the electronic Biller. Any
changes will need to be made by contacting the Biller directly.
Additionally it is your responsibility to maintain all usernames
and passwords for all electronic Biller sites. You also agree
not to use someone else's information to gain unauthorized access
to another person's bill.
b. Activation. Upon activation
of the electronic bill feature the Credit Union may notify the
Biller of your request to receive electronic billing information.
The presentment of your first electronic bill may vary from Biller
to Biller and may take up to sixty (60) days, depending on the
billing cycle of each Biller. Additionally, the ability to receive
a paper copy of your statement(s) is at the sole discretion of
the Biller. While your electronic bill feature is being activated
it is your responsibility to keep your accounts current. Each
electronic Biller reserves the right to accept or deny your request
to receive electronic bills.
c. Authorization to Obtain Bill
Data. Your activation of the electronic bill feature for a Biller
shall be deemed by us to be your authorization for us to obtain
bill data from the Biller on your behalf. For some Billers, you
will be asked to provide us with your user name and password for
that Biller. By providing us with such information, you authorize
us to use the information to obtain your bill data.
d. Notification. The Credit Union
will use its best efforts to present all of your electronic bills
promptly. In addition to notification within the Service, the
Credit Union may send an e-mail notification to the e-mail address
listed for your account. It is your sole responsibility to ensure
that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically logon
to the Service and check on the delivery of new electronic bills.
The time for notification may vary from Biller to Biller. You
are responsible for ensuring timely payment of all bills.
e. Cancellation of Electronic
Bill Notification. The electronic Biller reserves the right to
cancel the presentment of electronic bills at any time. You may
cancel electronic bill presentment at any time. The timeframe
for cancellation of your electronic bill presentment may vary
from Biller to Biller. It may take up to sixty (60) days, depending
on the billing cycle of each Biller. The Credit Union will notify
your electronic Biller(s) as to the change in status of your account
and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Credit Union will not be
responsible for presenting any electronic bills that are already
in process at the time of cancellation.
f. Non-Delivery of Electronic
Bill(s). You agree to hold the Credit Union harmless should the
Biller fail to deliver your statement(s). You are responsible
for ensuring timely payment of all bills. Copies of previously
delivered bills must be requested from the Biller directly.
g. Accuracy and Dispute of Electronic
Bill. The Credit Union is not responsible for the accuracy of
your electronic bill(s). The Credit Union is only responsible
for presenting the information we receive from the Biller. Any
discrepancies or disputes regarding the accuracy of your electronic
bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your
liability or obligations that currently exist between you and your
Billers.
12. Security of Access Code.
a. Initial Access. After you have
successfully completed and submitted the online registration form,
you will be notified of the Service availability. Once notified,
you may log on to the Bill Payment Service, through the Internet
Banking service, using your Internet Banking PIN ("access
code") and navigating to the Bill Payment Service.
b. Security. The access code for
this Service is the same as your Internet Banking PIN, and is
issued for your security. The access code is confidential and
should not be disclosed to third parties or recorded. You are
responsible for safekeeping your access code. You agree not to
disclose or otherwise make your access code available to anyone
not authorized by you to sign on your accounts. If you authorize
anyone to have or use your access code, you understand that person
may use the Service to review all of your account information
and make account transactions. Therefore, we are entitled to act
on transaction instructions received using your access code and
you agree that the use of your access code will have the same
effect as your signature authorizing transactions.
c. Authorization. If you authorize
anyone to use your access code in any manner, that authority will
be considered unlimited in amount and manner until you specifically
revoke such authority by notifying the Credit Union and changing
your access code immediately. You are responsible for any transactions
made by such persons until you notify us that transactions and
access by that person are no longer authorized and your access
code is changed. If you fail to maintain or change the security
of these access codes and the Credit Union suffers a loss, we
may terminate your electronic funds transfer and account services
immediately.
13. YOUR LIABILITY FOR UNAUTHORIZED
TRANSFERS
If you tell us within two (2) Business Days after you discover your
password or other means to access your account has been lost or
stolen, your liability is no more than $50.00 should someone 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 password or other means to access your account if you had told
us, you could be liable for as much as $500.00. If your monthly
statement contains transfers that you did not authorize, you must
tell us at once. If you do not tell us within sixty (60) days after
the statement was sent 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.
14. ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should
as soon as possible notify us via one of the following:
1. Telephone us at (408) 543-5202
or (866) 543-5202 during customer service hours;
2. Contact us by using the application's e-messaging feature;
and/or,
3. Write us at: Star One Credit Union PO Box 3643, Sunnyvale,
CA 94088-3643 Attn: Web Services
If you think your statement is incorrect or you need more information
about a Service transaction listed on the statement, we must hear
from you no later than sixty (60) days after the first statement
was sent to you on which the problem or error appears. You must:
1. Tell us your name and account
number;
2. Describe the error or the transaction question, and explain
as clearly as possible why you believe it is an error or why you
need more information; and,
3. 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. However, if we require more time to confirm the nature
of your complaint or question, we reserve the right to take up
to forty-five (45) days to complete our investigation. 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.
If we ask you to submit 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 it is determined
there was no error we will mail you a written explanation within
three (3) Business Days after completion of our investigation.
You may ask for copies of documents used in our investigation.
The Credit Union may revoke any provisional credit provided to
you if we find an error did not occur.
15. 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 in the following
situations:
1. Where it is necessary for completing
transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account
to a credit bureau or Biller;
4. To obtain a credit report from a consumer reporting agency
to verify your eligibility for this service from time to time;
5. In order to comply with a governmental agency or court orders;
or,
6. If you give us your express permission.
16. SERVICE FEES AND ADDITIONAL CHARGES
There is a monthly Bill Payment fee of $4.00. If your use
of the Service is inactive for 2 calendar months, we may impose
an Inactivity fee of up to $4.00, based upon your use of other
rebate services. In no event will the combined Bill Payment fee
and the Inactivity fee exceed $4.00 per month.
You agree to pay such charges and authorize the Credit Union
to deduct the calculated amount from your designated Billing Account
for these amounts and any additional charges that may be incurred
by you. Any financial 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.
17. FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Credit Union and
its processing agent to make payments for you from your Payment
Account. If we are unable to complete the transaction for any
reason associated with your Payment Account (for example, there
are insufficient funds in your Payment Account to cover the transaction),
the transaction will not be completed. In some instances, you
will receive a return notice from the Credit Union. In such case,
you agree that:
1. You will reimburse the Credit
Union immediately upon demand the transaction amount that has
been returned to the Service;
2. You will reimburse the Credit Union for any fees imposed as
a result of the return;
3. You will reimburse the Credit Union for any fees it incurs
in attempting to collect the amount of the return from you; and,
4. The Credit Union is authorized to report the facts concerning
the return to any credit reporting agency.
18. ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered
or amended by the Credit Union from time to time. In such event,
the Credit Union shall provide notice to you. Any use of the Service
after the Credit Union provides you a notice of change will constitute
your agreement to such change(s). Further, the Credit Union may,
from time to time, revise or update the applications, services,
and/or related material, which may render all such prior versions
obsolete.
19. ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information
in your user profile is current and accurate. This includes, but
is not limited to, name, address, phone numbers and email addresses.
Changes can be made either within the application or by contacting
Customer Service. Any changes in your Payment Account should also
be made in accordance with the procedures outlined within the
application's Help files. All changes made are effective immediately
for scheduled and future payments paid from the updated Payment
Account information. The Credit Union is not responsible for any
payment processing errors or fees incurred if you do not provide
accurate Payment Account or contact information.
20. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
We require your signature or digital signature to cancel the Bill Pay service. In the event you wish to cancel the Service, you may have the
ability to do so through the product, or you may contact customer
service via one of the following:
1. Log in to Online Banking and click on the Online Forms icon. Complete the Bill Pay Cancellation form and submit.
2. Ask for a Bill Pay Cancellation form at any branch. Complete and return to any Star One employee.
2. Write us at: Star One Credit Union PO Box 3643 , Sunnyvale,
CA 94088-3643 Attn: Web Services.
Any payment(s) the Credit Union has already processed before
the requested cancellation date will be completed by the Credit
Union. All Scheduled Payments including recurring payments will
not be processed once the Service is canceled The Credit Union
may terminate or suspend Service to you at any time. Neither termination
nor suspension shall affect your liability or obligations under
this Agreement.
21. BILLER LIMITATION
The Credit Union reserves the right to refuse to pay any Biller
to whom you may direct a payment. The Service will notify you
promptly if it decides to refuse to pay a Biller designated by
you. This notification is not required if you attempt to make
a prohibited payment or an exception payment under this Agreement.
22. RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United
States Postal Service may return payments to the Credit Union
for various reasons such as, but not limited to, Biller's forwarding
address expired; Biller account number is not valid; Biller is
unable to locate account; or Biller account is paid in full. The
Credit Union will use its best efforts to research and correct
the returned payment and return it to your Biller, or void the
payment and credit your Payment Account.
23. INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Credit
Union cannot verify your identity or other necessary information.
Through your enrollment in the Service, you agree that the Credit
Union 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 Credit Union may obtain financial information
regarding your account from a Biller or your financial institution
(for example, to resolve payment posting problems or for verification).
24. DISPUTES
In the event of a dispute regarding the Service, you and the Credit
Union 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 Credit Union which supersedes
any proposal or prior agreement, oral or written, and any other
communications between you and the Credit Union relating to the
subject matter of this Agreement. If there is a conflict between
what an employee of the Credit Union says and the terms of this
Agreement, the terms of this Agreement will prevail. You agree
to pay the Credit Union's reasonable attorneys fees and costs
for any actions we take to enforce this Agreement.
25. OTHER GENERAL TERMS
a. Other Agreements. In addition to this Agreement, you agree
to be bound by and will comply with all terms and conditions applicable
to your relationship with Star One Credit Union, as described
in your Star One Credit Union Membership and Account Agreement,
prior receipt of which you acknowledge.
b. Severability. In the event that any portion of this Agreement
is held by a court to be invalid or unenforceable for any reason,
the remainder of this Agreement shall not be invalid or unenforceable
and will continue in full force and effect. All headings are intended
for reference only and are not to be construed as part of the
Agreement.
c. Enforcement. You agree to be liable to the Credit Union for
any liability, loss, or expense as provided in this Agreement
that the Credit Union incurs as a result of any dispute involving
your accounts or services. You authorize the Credit Union to deduct
any such liability, loss, or expense from your account without
prior notice to you. This Agreement shall be governed by and construed
under the laws of the state of California as applied to contracts
entered into solely between residents of, and to be performed
entirely in, such state. In the event either party brings a legal
action to enforce the Agreement or collect any overdrawn funds
on accounts accessed under this Agreement, the prevailing party
shall be entitled, subject to California law, to payment by the
other party of its reasonable attorney's fees and costs, including
fees on any appeal, bankruptcy proceedings, and any post-judgment
collection actions, if applicable. Should any one or more provisions
of this Agreement be determined illegal or unenforceable in any
relevant jurisdiction, then such provision be modified by the
proper court, if possible, but only to the extent necessary to
make the provision enforceable and such modification shall not
affect any other provision of this Agreement.
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