Palmetto Heritage Bank & Trust's Online Banking Service
you may subscribe to the Online Bill Payment system.
AND CONDITIONS OF THE BILL PAYMENT SERVICE / CHECKFREE
means the Bill Payment Service offered by your financial
institution - CheckFree
means these Terms and Conditions of the bill payment and
e-mail payment service.
is the person or entity to which you wish a bill payment
or e-mail payment to be directed or is the person or entity
from which you receive electronic bills or e-mail payments,
as the case may be.
Instruction" is the information provided by you to the Service
for a bill payment or e-mail payment to be made to the Payee
(such as, but not limited to, Payee name, Payee account
number, and Scheduled Payment Date).
Account" is the checking account from which bill payments
or e-mail payments will be debited.
Account” is the checking account from which all Service
fees will be automatically debited.
Day" is every Monday through Friday, excluding Federal Reserve
Payment Date" is the day you want your Payee 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.
Date” is the date reflected on your Payee statement for
which the payment is due. It is not the late date or grace
Payment” is a payment that has been scheduled through the
Service but has not begun processing.
begin processing four (4) Business Days prior to your Scheduled
Payment Date. Therefore, the application will not permit
you to select a Scheduled Payment Date less than four (4)
Business Days from the current date. When scheduling payments
you must select a Scheduled Payment Date that is no later
than 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 one (1) Business
Day before the actual Due Date. Scheduled Payment Dates
should be prior to any late date or grace period.
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 $50.00 should a payment
post after its Due Date as long as the payment was scheduled
in accordance with the guidelines described under “Bill
Payment Scheduling” in this Agreement.
AUTHORIZATION AND PAYMENT REMITTANCE
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
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 as close as reasonably
possible to the Scheduled Payment Date designated by you.
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.
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:
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
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;
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,
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
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.
following applies to your use of the e-mail payment and
request for money functionality of the Service. This functionality
allows you to make payments from your Payment Account to
any other account enrolled in this Service. If you choose
to utilize this functionality you also agree to the following:
provided to the Service – You agree to provide true and
accurate enrollment information to the Service, and to maintain
and promptly update your information as applicable. You
agree not to impersonate any person or use a name that you
are not authorized to use.
limitations – You must be at least eighteen (18) years of
age to enroll in the Service. You must be a resident of
or its possessions, and use the Service for individual purposes
only, not on behalf of any business, corporation, proprietorship
or other entity. You must have a valid e-mail address and
access to the Internet. You must be a legal owner of the
Payment Account registered for the Service. We reserve the
right to limit the number of memberships you have with the
limitations - You will be assigned a transactional limit,
a daily limit and a weekly limit at enrollment based on
parameters associated with your credit history. You agree
to accept the limits set by the Service. We reserve the
right to limit the amount you may have debited from or credited
to your Payment Account on any given day and/or week. Additionally,
the Service reserves the right to limit your use of this
functionality by imposing limits, hold times, or other measures
should we believe that suspicious activity has occurred
or may occur. You authorize the Service to check your credit
history at enrollment and to obtain follow-up credit reports
on you. Information obtained will be used by the Service
to verify information you provide to the Service and to
set limits associated with your use of the Service. The
Service reserves the right to verify any of the information
Service shall have the right to terminate your membership,
reject or reverse any transactions you initiate, and/or
restrict or condition your right to send or receive money
at any time and for any reason, including, but not limited
the Service (directly or indirectly) for any unlawful
hacking, modifying or otherwise attempting to corrupt
the security or functionality of the Service.
and receiving payments – When the Service receives a Payment
Instruction, you authorize the Service to debit your Payment
Account and remit funds on your behalf to the Payee’s account.
E-mail payments begin processing the Business Day the Payment
Instruction is submitted to the Service. Any e-mail payment
submitted on a non-Business Day will begin processing on
the next Business Day. The Service reserves the right to
hold funds beyond the standard distribution periods for
any transactions it deems necessary. The recipient’s ability
to access these funds is at the sole discretion of the recipient’s
financial institution and is not controlled by the Service.
You acknowledge that once money is delivered to the recipient,
the transaction is non-reversible and non-refundable to
you. Credits to and debits from your Payment Account are
only processed on Business Days. If we learn that you had
insufficient funds in the Payment Account from which you
requested we send money, we will cancel the payment. If
we learn this after the money has been delivered to the
recipient, you will owe us and agree to promptly repay the
amount of the shortfall. We may apply funds awaiting receipt
by you against the amount you owe us. In addition, we may
not permit recipients of your outstanding payment requests
to receive the money, and we will not refund transaction
fees in these situations. With respect to any transaction,
the Service reserves the right to seek reimbursement from
a recipient if we receive any type of charge-back related
to any Payment Instructions. We may obtain such reimbursement
by deducting the charge-back amount from the recipient's
account(s), reversing any credit(s) to the recipient's Payment
Account, or by seeking such reimbursement from recipient
by any other lawful means.
of e-mail payments – It is your sole responsibility to provide
the correct e-mail address(s) for an individual(s) to whom
we send money on your behalf. THE SERVICE IS NOT
RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE
TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR SHALL
THE SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY
and dispute of e-mail payments – We are not responsible
for determining whether the amount of money being sent is
correct for any underlying transaction or is actually owed
to the recipient. Any dispute that may arise between you
and the recipient relating to a payment made or received,
or any other aspect of a transaction between you and the
recipient, is not the responsibility of the Service. We
make no guarantees regarding purchases paid for via the
Service. You acknowledge that the Service does not ensure
the quality, safety or legality of any merchandise received,
nor that a seller will even ship merchandise. You agree
to hold the Service harmless for any loss or expense you
incur as a result of such purchases or disputes.
of e-mail payment(s) – Once initiated, payments cannot be
cancelled. Once money is delivered to the recipient, the
transaction is non-reversible and non-refundable to you.
However, you may cancel an invitation to send money if it
has not yet been received by the recipient. After you initiate
a payment, if the recipient is not already enrolled in the
Service, the Service will periodically send reminder e-mails
to you and the recipient until the recipient has enrolled
in the Service and received the payment. If recipient has
not enrolled in the Service and received the payment forty-five
(45) days after initiation, the Service will cancel 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
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.
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.
to Payees outside of the United
States or its territories
are prohibited through the Service.
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.
DELIVERY AND PRESENTMENT
feature is for the presentment of electronic bills only
and it is your sole responsibility to contact your Payees
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:
provided to the Payee – The Service 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 Payee. Any changes will need to be made by
contacting the Payee directly. Additionally it is your responsibility
to maintain all usernames and passwords for all electronic
Payee sites. You also agree not to use someone else’s information
to gain unauthorized access to another person’s bill.
– Upon activation of the electronic bill feature the Service
may notify the Payee of your request to receive electronic
billing information. The presentment of your first electronic
bill may vary from Payee to Payee and may take up to sixty
(60) days, depending on the billing cycle of each Payee.
Additionally, the ability to receive a paper copy of your
statement(s) is at the sole discretion of the Payee. While
your electronic bill feature is being activated it is your
responsibility to keep your accounts current. Each electronic
Payee reserves the right to accept or deny your request
to receive electronic bills.
– The Service will use its best efforts to present all of
your electronic bills promptly. In addition to notification
within the Service, the Service 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 Payee to Payee. You are responsible
for ensuring timely payment of all bills.
of electronic bill notification – The electronic Payee 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 Payee to Payee. It may take
up to sixty (60) days, depending on the billing cycle of
each Payee. The Service will notify your electronic Payee(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 Service will not be responsible
for presenting any electronic bills that are already in
process at the time of cancellation.
of electronic bill(s) – You agree to hold the Service harmless
should the Payee 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 Payee directly.
and dispute of electronic bill – The Service is not responsible
for the accuracy of your electronic bill(s). The Service
is only responsible for presenting the information we receive
from the Payee. Any discrepancies or disputes regarding
the accuracy of your electronic bill summary or detail must
be addressed with the Payee directly.
Agreement does not alter your liability or obligations that
currently exist between you and your Payees.
SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
OF ACCOUNT INFORMATION TO THIRD PARTIES
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:
it is necessary for completing transactions;
it is necessary for activating additional services;
order to verify the existence and condition of your account
to a third party, such as a credit bureau or Payee;
a consumer reporting agency for research purposes only;
order to comply with a governmental agency or court orders;
you give us your written permission.
FEES AND ADDITIONAL CHARGES
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.
OR RETURNED TRANSACTIONS
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: 1. You will reimburse the Service
immediately upon demand the transaction amount that has
been returned to the Service; 2. For any amount not reimbursed
to the Service within fifteen (15) days of the initial notification,
a late charge equal to 1.5% monthly interest or the legal
maximum, whichever rate is lower, for any unpaid amounts
may be imposed; 3. You will reimburse the Service for any
fees imposed by your financial institution as a result of
the return; 4. You will reimburse the Service for any fees
it incurs in attempting to collect the amount of the return
from you; and, 5. The Service is authorized to report the
facts concerning the return to any credit-reporting agency.
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. Consequently, the
Service reserves the right to terminate this Agreement as
to all such prior versions of the applications, services,
and/or related material and limit access to only the Service's
more recent revisions and updates. In addition, as a part
of the Service, you agree to receive all legally required
notifications via electronic means.
OR BANKING CHANGES
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 by contacting your
financial institution. 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 Payment Account
or contact information.
TERMINATION, CANCELLATION, OR SUSPENSION
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:
us during customer service hours; and/or
us at your financial institution's address.
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. Neither termination
nor suspension shall affect your liability or obligations
under this Agreement.
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
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.
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.
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.
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 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.
Agreement shall be governed by and construed in accordance
with the laws of the State of South
regard to its conflicts of laws provisions. To the extent
that the terms of this Agreement conflict with applicable
state or federal law, such state or federal law shall replace
such conflicting terms only to the extent required by law.
Unless expressly stated otherwise, all other terms of this
Agreement shall remain in full force and effect.
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.