"Service"
means the Bill Payment Service offered by Millennium Bank, N.A.
"Agreement"
means these Terms and Conditions of the bill payment service.
"Payee"
is the person or entity to which you wish a bill payment to be directed.
"Payment
Instruction" is 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 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 payment to be forwarded to your
Payee, either through mail or by electronic payments (depending on the payee).
This date 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 next Business Day.
"Due
Date" is the date reflected on your Payee 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.
PAYMENT
SCHEDULING
Transactions
begin processing on your Scheduled Payment Date. Therefore, the application
will not permit you to select a Scheduled Payment Date earlier than the current
date. When scheduling payments you must select a Scheduled Payment Date that is
no later than five (5) days prior to the actual Due Date reflected on your
Payee 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 Date
that is at least six (6) Business Days before the actual Due Date. Scheduled
Payment Dates should be prior to any late date or grace period.
Due
to circumstances beyond the control of the Service, particularly delays in
handling and posting payments by Payees or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $25.00 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.
By
providing the Service with names and account information of Payees to whom you
wish to direct payments, you authorize the Service to follow the Payment
Instructions that it receives through the payment system. In order to process
payments more efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Payee directives.
When
the Service receives a Payment Instruction, you authorize the Service to debit
your Payment Account and remit funds on your behalf so that the funds arrive
within five (5) days. You also authorize the Service to credit your Payment
Account for payments returned to the Service by the United States Postal
Service or Payee, or payments remitted to you on behalf of another authorized
user of the Service.
The
Service will use its best efforts to make all your payments properly. However,
the Service shall incur no liability and any Service Guarantee shall be void if
the Service is unable to complete any payments initiated by you because of the
existence of any one or more of the following circumstances: If, through no fault of the Service, 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 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; You
have not provided the Service with the correct Payment Account information, or the correct name, address,
phone number, or account information
for the Payee; and/or, Circumstances
beyond control of the Service (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 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, and, if applicable, for
any late payment related charges.
The
Service reserves the right to select the method in which to remit funds on your
behalf to your Payee. These payment methods may include, but may not be limited
to, an electronic payment, an electronic to check payment, or a laser draft
payment.
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 Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
The
Service's ability to process a stop payment request will depend on the payment
method and whether or not a check has cleared. The Service 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 Service will make
every effort to accommodate your request, the Service will have no liability
for failing to do so. The Service 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.
Payments
to Payees outside of the United States or its territories are prohibited
through the Service.
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 Service 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 Service. The Service 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
Service.
THE SERVICE AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
You
agree not to give or make available your password or other means to access your
account to anyone not listed as an authorized signor on the account. You are
responsible for all payments and transfers you authorize using the Service. If
you permit other persons to use the Service or your password or other means to
access your account, you are responsible for any transactions they authorize.
If you believe that your 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 703.464.0100, option 2, between the hours of 9am and
5pm Monday through Friday and between 9am and Noon on Saturdays.
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 financial institution
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.
In
case of errors or questions about your transactions, you should as soon as
possible notify us via one of the following:
Telephone
us at 703.464.0100, option 2, during customer service hours;
Contact
us by using the application's e-messaging feature; and/or,
Write
us at: Internet Banking
Customer Service,
Millennium Bank, N.A.
1025-K Seneca Road, Great Falls, VA 22066
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:
Tell us your name and Service account number; Describe the error or the
transaction in question, and explain as clearly as possible 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.
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 Service may revoke any provisional credit provided to you if we find an
error did not occur.
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; where it is necessary for activating additional services; 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.
Any
applicable fees will be charged regardless of whether the Service was used
during the billing cycle. There may be a charge for additional transactions and
other optional services. You agree to pay such charges and authorize the
Service 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.
In
using the Service, you are requesting the Service 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 Service. In such case, you agree that: You will reimburse the Service immediately
upon demand the transaction amount that has been returned to the Service; you
will reimburse the Service for any fees it incurs in attempting to collect the
amount of the return from you; and, The Service is authorized to report the
facts concerning the return to any credit reporting agency.
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 provide notice to
you. Any use of the Service after the Service provides 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 applications, services, and/or related
material, which may render all such prior versions obsolete.
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 online 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 Service is not responsible for any payment processing errors
or fees incurred if you do not provide accurate or timely Payment Account or
contact information.
In
the event you wish to cancel the Service, you may contact customer service via
one of the following: Telephone us at
703-464-0100, option 2, during customer service hours; and/or
Write us at: Internet Banking
Customer Service, Millennium Bank, N.A. , 1025-K Seneca Road, Great Falls, VA
22066. The Service will complete any
payment(s) the Service has already processed before the requested cancellation
date. All Scheduled Payments including recurring payments will not be processed
once the Service is cancelled. The Service may terminate or suspend Service to
you at any time; however, we will attempt to notify you via email. Neither termination nor suspension shall
affect your liability or obligations under this Agreement.
The
Service reserves the right to refuse to pay any Payee to whom you may direct a
payment. The Service will 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 or an exception payment under this Agreement.
In
using the Service, you understand that Payees and/or the United States Postal
Service may return payments to the Service for various reasons such as, but not
limited to, Payee's forwarding address expired; Payee account number is not
valid; Payee is unable to locate account; or Payee account is paid in full. The
Service will use its best efforts to research and correct the returned payment
and return it to your Payee, or void the payment and credit your Payment
Account. You may receive notification from the Service.
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 other financial institutions
(for example, to resolve payment posting problems or for verification).
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.
You may not assign this Agreement to any other party. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
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.
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.
This
Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia, without regard to its conflicts of laws provisions.
THE
FOREGOING SHALL CONSTITUTE THE SERVICE'S AND ITS THIRD PARTY SUPPLIERS ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE OR ITS THIRD
PARTY SUPPLIERS 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 SOFTWARE, AND/OR THE SERVICE.
The
information you provide to Millennium Bank, N.A. will be used to open and
maintain your Internet Banking and Bill
Pay Account. Millennium Bank, N.A. does
not share your information with outside companies for their promotional use.
Occasionally, Millennium Bank, N.A. may contact you about products, services or
special offers that may interest you. If you prefer not to receive this
information, please reference the document at
http://www.millenniumbank.com/privacy.shtml or write to:
Compliance Officer
Millennium Bank, N.A.
1601 Washington Plaza
Reston, VA
20190