Pacific Community Credit Union

FOR THE LIFE YOU LEAD

XPRESS BILL PAY DISCLOSURE

This Agreement is the contract that covers your and our rights and responsibilities concerning Bill Pay services offered to you by Pacific Community Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean each and all of those who request and use the Bill Pay service. The words "we," "us," and "our" mean the Credit Union. The word "account" means the checking account you have with the Credit Union that you have designated as your bill payment account. The Bill Pay service allows you to access your account to pay most bills. By completing and transmitting a written or online service request for the Bill Pay service, each of you jointly and severally agree to the terms and conditions in this Agreement, and any amendments.

By reference, this Agreement is made part of the Pacific Community Credit Union Membership and Account Agreement. Acceptance of this Agreement indicates acceptance of the Credit Union Membership and Account Agreement.
1. Bill Pay Services. By using the Bill Pay service to provide us with the names and account information of those persons to whom you wish to direct payment, you authorize us to follow such instructions to process Bill Payments from your designated account. You may use the Bill Pay service to initiate two (2) different types of payment transactions:

a. "Future" transactions are payments you designate to be paid at a future date up to three hundred sixty-five (365) days after the Scheduled Initiation Date. "Future" transactions may be canceled or changed through the Bill Pay service until 12:00 midnight (Pacific Time) before your Scheduled Initiation Date.

b. "Recurring" transactions are payments you designate to reoccur on a specified regular basis (i.e. monthly). You may designate the start and end dates for payments. "Recurring" transactions may be canceled or changed through the Bill Pay service until 12:00 midnight (Pacific Time) before your Scheduled Initiation Date.

The “Scheduled Initiation Date” is the date of your choice upon which your bill payment service will be made and your account will be debited through a Bill Pay service. If you indicate a Scheduled Initiation Date that falls on a Saturday, Sunday or Credit Union holiday, your bill payment and the debit to your account will not be made until the next business day.

There is a minimum dollar limit on any one bill payment of $1.00. There is a maximum dollar limit on any one bill payment of $9,999.99, or the available balance in your designated account plus any available overdraft protection balance, whichever is less.

All transactions and all transfers to or from any account are subject to the terms and conditions applicable to that account as set forth in the Membership and Account Agreement and Rate and Fee Schedule.

2. Payees. There is no limit to the number of payments you may schedule. Payees must be located in the United States, Guam, US Virgin Islands or Puerto Rico. You may not make payments to federal, state or local governments, governmental tax units, or to other categories of payees that we may designate from time to time. Any payee you may wish to pay through the Bill Pay service must be payable in U.S Dollars. When you transmit a Bill Pay instruction to us, you authorize us to transfer funds to make the Bill Pay transaction from your account and remit funds on your behalf to the designated payee. We will process bill payment requests only to those payees the Credit Union has designated in its User Instructions and such payees as you authorize and for whom the Credit Union has the proper payee code number. If the Credit Union does not have the proper payee code number it may take up to an additional seven (7) days for verification.

[We reserve the right to refuse to pay any person or entity to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court related payments, payments to federal, state or local governments, or payments outside the United States, which are prohibited under this Agreement.]

3. Processing Payments. The amount of your requested bill payment will be deducted from your account on the Scheduled Initiation Date and will be processed by us on that date or the next business day should the Scheduled Initiation Date fall on a Saturday, Sunday or Credit Union holiday. Therefore, you must have sufficient funds available to cover your payment by midnight on the day before the Scheduled Initiation Date.

Bill payments are delivered to the payee either electronically, which may take up to four (4) business days from the Scheduled Initiation Date, or by check to those payees not set up to accept electronic payments, which may take up to ten (10) business days from the Scheduled Initiation Date.

IMPORTANT: It is your responsibility to select a Scheduled Initiation Date in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions to the Bill Pay service for a Scheduled Initiation Date at least ten (10) business days before a bill is due (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time or if your account has insufficient funds on the Scheduled Initiation Date, you assume full responsibility for any late payments, finance charges that may be imposed, or other actions taken by a payee as a result of a late (or unpaid) payment. We will not be liable for any service or late charges levied against you.

The Credit Union will not process any Bill Pay transfer if we know the required transaction information is incomplete. In any event, the Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for providing or entering. If there are insufficient funds in your account to satisfy the Bill Pay request, we may (at our sole discretion) either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. If we are unable to complete the transaction for any reason associated with your account or your payment instructions (for example if there are not sufficient funds in your account to cover the transaction), we are not obligated to automatically resubmit a payment for you.

4. Canceling or Changing Bill Payments. You may cancel or stop payment on Future and Recurring bill payment instructions under certain circumstances by following the instructions provided. If you discover an error in or want to change a payment instruction (i.e., payment date or payment amount) for a bill payment that you have already scheduled for transmission through the Bill Pay service, you may electronically edit or cancel your payment request through the Bill Pay service. Your cancellation or change request must be entered and transmitted through the Bill Pay service by midnight (Pacific Standard Time)of the day before the Scheduled Initiation Date. If you do not submit your cancellation or change request in a timely manner, you will be responsible for the payment.

If you wish to place an oral stop payment on a recurring Bill Pay transaction, not using the Bill Pay service, the Credit Union must receive your oral stop payment request at least three (3) business days before the payment is scheduled to be made. You may call the Credit Union at the telephone number set forth in Section 6 to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within fourteen (14) days after the call. Stop payments are honored for six (6) months and must be renewed accordingly.

5. Security of Access Code You may access the Bill Pay service through Pacific Xpress, the Credit Union's Internet Banking service. You understand that you cannot use Pacific Xpress or the Bill Pay service without an access code, which you have selected for security purposes. YOU AGREE THAT THE USE OF THE ACCESS CODE CONSTITUTES A REASONABLE SECURITY PROCEDURE FOR ANY TRANSACTION THROUGH THE BILL PAY SERVICE. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping of your access code and for all transactions made by you through the Bill Pay service. 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 and agree you have given them access to your account via the Bill Pay service to review 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. If you utilize the Bill Pay service to access accounts that are jointly owned, transactions performed on any such account by electronic means where your access code is utilized shall be considered authorized by you.

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 Bill Pay and account services immediately.

6. Liability for Unauthorized Access. You are responsible for all transactions you authorize using the Bill Pay services under this Agreement. If you permit other persons to use your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your access code and accessed your accounts without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or access code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows Bill Pay transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, or was available to you online if you have requested online E- Statements, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized Electronic Funds Transfer (EFT) transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods.

If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
(714) 526-2328 or 1-800-656-2328 during normal business hours.
Or contact us electronically by sending E-mail messages to us at [email protected]
(e-mail messages received during normal business hours will be handled the same day. All others will be handled the next business day). Or write the Credit Union at:
Pacific Community Credit Union P.O. Box 34003 Fullerton, CA 92835-9403

7. Business Days. Our business days are Monday through Friday. Holidays are not included.

8. Fees. There is a $5.95 monthly fee for the Bill Pay service. You will receive the first one-hundred-twenty (120) days of the Bill Pay service FREE of charge from the date of your enrollment before we begin to charge the monthly fee for this service. There may be charges for other optional services. For a listing of other applicable charges and/or fees, see the Rate and Fee Schedule. You agree to pay such charges and authorize us to charge your account for these amounts and any additional charges that may be incurred by you. Any fees associated with you account will continue to apply. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.

9. Right to Receive Statements. Transfers and withdrawals transacted through Bill Pay will be recorded on your periodic statement by mail or electronically if you have requested Online Statements. You will receive a statement monthly. You may request to receive your statement online.

10. Account Information Disclosure. It is our general policy to treat your account information as confidential in accordance with our privacy policies. However, there may be situations where we may need to disclose information to third parties about your account or the transfers you make, including but not limited to the following circumstances:

a. As necessary to complete transfers;

b. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;

c. To comply with government agency or court orders.

d. If you give us your express permission.

11. Limitation of Liability for Bill Pay Services. If you properly follow the procedures described herein, and we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for any late charges imposed by the payee. Our sole responsibility for an error in a transfer will be to correct the error. IN NO EVENT SHALL WE 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 BILL PAY SERVICE. If the applicable law does not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. In addition, the Credit Union will not incur any liability if we are unable to complete any payments initiated by you through Bill Pay due to any one or more of the following circumstances:

a. If, through no fault of ours, you do not have adequate funds in your account to complete the transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.

b. If you used the wrong access code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and Bill Pay transactions.

c. If your computer fails or malfunctions or the phone lines were not properly working when you attempted such transaction.

d. If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment, power or ATM network failure) prevent making the transaction.

e. If the funds in your account are subject to an administrative hold, legal process or other claim.

f. If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or Bill payment.

g. If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular payee due to delays in mail delivery or changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.

h. If the error was caused by a system beyond the Credit Union’s control such as a telecommunications system, an Internet service provider, any computer virus or software related problems for software not provided by us.

i. If the Credit Union computer system was not working properly and such problems should have been apparent when you attempted such transaction.

j. If there are other exceptions as established by the Credit Union from time to time.

12. Exclusion of Warranties THE BILL PAYMENT SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination and for all other applicable charges and fees. You must cancel all outstanding payment orders with the payee(s) before notifying us to terminate this Agreement.

14. Amendments and Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you before the effective date of any change. This means we will mail your notice using the United States Post Office at the address we currently have on file. Use of the Bill Pay service after we send any notice of change will constitute your agreement to such change(s). In addition, use of the Bill Pay service is subject to existing regulations governing the Credit Union account and any future changes to those regulations. From time to time, we may revise or update the programs, 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 other prior versions of the Bill Pay programs, services, and/or related material and limit access to the Bill Pay service’s more recent revisions and updates. We reserve the right to discontinue the Bill Pay service at any time.

15. Billing Errors. In case of errors or questions about your Bill Pay transactions, contact us by: telephone at (714) 526-2328 or (800) 656-2328; E-mail us at [email protected]; or write us at P.O. Box 34003, Fullerton, Ca 92834-9403 as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement or the statement was available to you online if you have requested online E-Statements on which the problem appears.

a. Tell us your name and account number.

b. Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

c. Tell us the dollar amount of the suspected error.

d. If you tell us orally, we will require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly.

For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question, ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States.

If we decide to do this, we will re-credit your account within ten (10) business days, (twenty (20) business days if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods) 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 we do not receive it within ten (10) business days, we may not re-credit your account.

If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

16. 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. 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 applicable 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. This Agreement shall be governed by and construed under the laws of the State of California, without regard to its conflicts of laws provisions.

17. No account deemed, by us, to be used for commercial will be allowed to use the Electronic Bill Pay service.

18. Additional Terms and Conditions Applicable to Electronic SignaturesElectronic Signature: BY CLICKING “YOU AGREE” AT THE END OF THIS DOCUMENT AND/OR BY THE USE OF THE ELECTRONIC BILL PAY SERVICE YOU ARE CONSENTING (INITIALY AND ON AN ONGOING BASIS) TO THE PROVISION OF THE BILL PAY SERVICE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Termination: YOU UNDERSTAND THAT YOU MAY WITHDRAW SUCH CONSENT AT ANY TIME BY NOTIFYING US AT [email protected] or by addressing a letter to Member Service Pacific Community Credit Union 401 E. Imperial Hwy Fullerton, Ca 92835
THE SERVICE WILL BE TERMINATED PURSUANT TO SECTION 13 ABOVE.

Minimum System Requirements: In order to conduct electronic transactions through the Bill Pay service, your computer system must meet the minimum system requirements. Your computer must have access to the Internet and be able to run Microsoft Explorer 4.0/Netscape Navigator 4.0 or better. In addition, you must have and will maintain a printer capable of printing any account transaction records made available on our website.

It is recommended that you print a copy of any electronically provided statements or disclosures (including this one) for your records.

By clicking the “I Agree” button below, I agree that I have carefully read the agreement information located above and agree to all of the terms and conditions stated herein. I further agree that all of my registration information is correct.

Questions E-mail us.
[email protected]