- Terms and Conditions
A. TERMS AND CONDITIONS OF THE BILL PRESENTMENT AND PAYMENT SERVICE (Biller Direct HV)
The following provides terms and conditions related to bill presentment and payment services provided by CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. ("CheckFree").
"Authorized User" is any individual which you allow to use the Service or your password or other means to access your Payment Account.
"Agreement" means these Terms and Conditions of the Service.
"Bill Delivery" means the presentation to you by the Service of a Biller Account statement from your Biller for you to view and/or pay.
"Biller Account" means the account you have directly with the Biller related to the services provided to you by that Biller.
"Bill Payment" is a payment that is initiated by you through the Service to the Biller related to your Biller Account.
"Biller" is the entity to which you wish a payment to be directed through the Service.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Due Date"is the date reflected on your Biller statement for which the Bill Payment is due; it is not the late date or grace period.
"Payment Account" is the checking account or credit card account from which payments will be debited.
"Payment Instruction" is the information provided by you to the Service for a payment to be made to the Biller (such as, but not limited to, Biller name, Biller Account
number, and Scheduled Payment Date).
"Scheduled Payment" is a Bill Payment that has been scheduled through the Service but has not begun processing.
"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 (except for credit card
payments, which are charged to your Payment Account two (2) Business Days prior to the Scheduled Payment Date); if the Scheduled Payment Date falls on a non-Business Day,
the Scheduled Payment Date will be considered to be the previous Business Day "Service" means the Bill Delivery and Bill Payment services offered by your Biller through
"We," "us," and "our" refer to the Service and CheckFree.
"You" and "your" refer to the individual that is utilizing the Service.
BILL PAYMENT SCHEDULING
Standard payments: If you complete and enter a Payment Instruction prior to 4:00 p.m. Eastern Time ("ET") on any given Business Day,then you can enter the following
Business Day as the Scheduled Payment Date. If you complete and enter a Payment Instruction after 4:00 p.m. ET, then the earliest Scheduled Payment Date will be two (2)
Business Days from the date of scheduling. 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 Date that is at
least one (1) Business Day before the actual Due Date. Scheduled recurring or automatic payments that fall on a non-Business Day will be automatically adjusted by the
Service to fall on the prior Business Day.
Express payments: If your Biller supports express payments, you may also schedule an express payment through the Service. A fee may apply. See the Service's website for
express payment scheduling and delivery guidelines. Generally, if you make an express payment before the time specified on the Service's website on a particular Business
Day, your payment information will be delivered to the Biller the same day. If your express payment is scheduled after the time specified on the Service's website on a
particular Business Day, your payment information will be delivered to the Biller the next day. See the express payment scheduling and delivery guidelines for Saturday and
Sunday express payments.
Due to circumstances beyond the control of the Service, particularly delays in handling and posting Bill Payments by the Biller or financial institutions, some Bill Payment
transactions may take longer to be posted to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a Bill Payment post
after its Due Date as long as the Bill Payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
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 Biller directives. For Bill Payments only, if you choose to utilize a Payment Account that
is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. 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 as close as reasonably possible to
the Scheduled Payment Date designated by you. You certify that any Payment Account you add to your profile is an account from which you are authorized to make payments,
and any payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. 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 Service's 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;
If, through no fault of the Service, a Biller that makes available to you split-payment functionality (in which your payment may be split and allocated in various ways
that such Biller may offer) does not split and/or allocate the payment in accordance with your Payment Instruction;
You have not provided the Service with the correct Payment Account information; and/or
Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) that 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 Biller 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 Biller 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 Biller. These payment methods include, but are not limited to, an
electronic payment, an electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION REQUESTS
If a Scheduled Payment is one you scheduled using a Payment Account that is a checking account, you may cancel or edit such Scheduled Payment by following the directions
within the Service's website. There is no charge for canceling or editing a Scheduled Payment that you scheduled using a Payment Account that is a checking account. If a
Scheduled Payment is one you scheduled using a Payment Account that is a credit card account, you cannot cancel or edit such scheduled Payment within the Service's website;
in such case, you must contact your credit card company directly, and your credit card company may impose a fee. Once the Service has begun processing any Bill Payment, it
cannot be cancelled or edited.
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, if there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed.
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Biller
Account number is not valid; the Service is unable to locate your Biller Account; or Biller Account is paid in full. The Service will use its best efforts to research and
correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Biller directly if you do not receive your Biller statement.
Information provided to the Biller - The Service is unable to update or change your personal information, such as, but not limited to, name, address, phone number(s) and
email address(es), that you have established with the electronic Biller. Any changes to such information will need to be made by contacting the Biller directly. Additionally,
it is your responsibility to maintain all user names and passwords for the electronic Biller site. You also agree not to use someone else's information to gain unauthorized
access to another person's bill.
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.
Notification - The Service will use its best efforts to present your electronic bills promptly. In addition to notification within the Service, the Service may send an email
notification to the email 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 log on to the Service and check on the delivery of new electronic bills. You are responsible for ensuring timely
payment of all bills.
Cancellation of electronic bill notification - The Biller reserves the right to cancel the presentment of electronic bills at any time; and the
Service shall have the right to immediately discontinue presentment of electronic bills without notice to you in such an event.
Non-Delivery of electronic bill(s) - You agree to hold the Service 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.
Accuracy 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 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 Biller.
PASSWORD AND SECURITY
Your Biller controls your enrollment in the Service, the issuance of your password, and your authentication when you enroll and each time you access the Service. You agree
not to give or make available your password or other means to access the Service to any unauthorized individuals. You are responsible for all payments you authorize using the
Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access the Service, you are responsible for any transactions
they authorize. If you believe that your password or other means to access the Service 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 your Biller's customer care department at once during their customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
Your Biller will be performing customer care functions for the Service. Thus, if you believe there have been unauthorized transfers related to your Payment Account and/or
Biller Account related to the Service, you should notify your Biller's customer care department directly. If you notify your Biller within four (4) Business days after you
discover your password or other means to access the Service has been lost or stolen, your liability is no more than $50.00 should someone access the Service without your
permission. If you do not notify your Biller within four (4) 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 the Service if you had notified your Biller, you could be liable for as much as $500.00. If your monthly financial
institution contains transfers through the Service that you did not authorize, you must tell your Biller at once. If you do not tell your Biller within ninety (90) days after
the statement was sent to you, you may lose any amount transferred through the Service without your authorization after the ninety (90) days if we can prove that we could
have stopped someone from taking the money had you told the Biller in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling your Biller,
we (through your Biller) may extend the period.
You agree that the information you provide to the Service can go through a verification process. You agree that the Service reserves the right to obtain financial information
regarding your Payment Account from your financial institution (for example, to resolve payment posting problems or for verification).
ERRORS AND QUESTIONS
In case of errors or questions about your Service transactions, you should as soon as possible notify your Biller's customer care department directly. If you tell your Biller
verbally, the Biller may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. The Biller will work with us to
investigate your question and will tell you the results of the investigation within ten (10) Business Days after it has heard from you, and will work with us to correct any
error promptly. However, if we or the Biller 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 (directly or through the Biller) ask you to submit your complaint or question in writing and we (or the Biller, as applicable) 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, the Biller (or the Service) 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 by contacting the Biller. The Service may revoke
any provisional credit provided to you if we find that an error did not occur.
SERVICE FEES AND ADDITIONAL CHARGES
Any fees associated with your Payment Account will continue to apply from the applicable financial institution or credit card issuer. 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 connection with your utilization of the Service.
When applicable, your Biller will add any applicable fees and/or charges for the Service to your Biller Account and you are responsible for payment of such fees and charges
for your use of the Service.
ALTERATIONS AND AMENDMENTS
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. 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.
You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided
orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed
to have received any electronic communication provided to you when they are made available to you.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile that you establish with the Biller is current and accurate. This includes, but is
not limited to, name, address, phone number(s) and email address(es). The Biller will provide us with any of this information that is necessary for us to perform the Service.
Any changes in your Payment Account should 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.
SERVICE TERMINATION, CANCELLATION OR SUSPENSION
In the event you wish to cancel the Service, you may do so by contacting the Biller's customer care department. Any payment(s) the Service has already processed before the
requested cancellation date will be completed by the Service. All Scheduled Payments will not be processed once the Service is cancelled. The Service may terminate or suspend
availability of the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. If you dispute a Bill Payment made from a Payment
Account that is a credit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your credit card company;
the Service is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of
the agreement between you and us, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and us 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. We may assign this Agreement to any affiliated company. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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.
EXCLUSIONS OF WARRANTIES
THE 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.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICE. 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 YOUR USE OF
THE SERVICE. YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
CheckFree Trademark Information
Product names, logos, designs, titles, words or phrases within this publication may be trademarks, servicemarks, or tradenames of CheckFree or other entities and may be
registered in certain jurisdictions.
At CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. ("CheckFree"), we know privacy is important to you. It is also vital to our business. This Privacy
Policy describes the types of "Personal Information" (information that is identifiable to a particular person) that we collect in connection with the bill presentment and
payment services (the "Service") offered through the website ("Site") operated by the entity to which you wish to make payments ("Biller"), and explains how we safeguard your
privacy as a user of the Service. For more details on what your rights and obligations are when using the Service, please refer to the "Terms & Conditions" for the Service.
For other terms that may apply to your use of the Site beyond the Service, please see the Site policies posted by your Biller.
CheckFree offers many products and services, some of which are available through other organizations such as banks, credit unions, brokerage firms, Internet portals, and
of those organizations.
What Types of Personal Information We Collect
The Personal Information that CheckFree collects from or about you may include:
Contact Information such as name, postal address, and email address;
Account numbers and other information on bills you would like to view online;
Information about bank checking accounts and credit card accounts, if you decide to make payments from those accounts through the Service;
Information maintained about you by consumer reporting agencies, including credit bureaus; and
Information to help authenticate your access to the Service.
How and from Whom We Collect Your Information
CheckFree may collect Personal Information about you from your use of the Site, from your Biller, and from you directly through your entry of information for the Service.
Cookies and Related Issues
When you visit the Site, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language,
access times and referring website addresses. This data does not identify you uniquely.
We may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the
Site and the products and services offered through them. This data is used to make the design of the Site more efficient.
Like most websites, the Site also uses "cookies," which are small text files placed on your computer by the web server when you visit the Site. All cookies are "session"
cookies that are only used for a specific period during which you are on the site. Cookies cannot and will not be used to deliver or run programs on your computer. Most web
browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you will not be
able to sign in or use other interactive features of the Site that depend on cookies.
Your Biller may choose to display advertisements for products and services on the Site or through the Service, some of which may relate to third party services. When you
click on an ad, it may launch a web form inviting you to enter information about yourself. Ads may also contain hypertext links leading to separate Web sites operated by
Personal Information that may be collected through them, so you should review the Privacy Policies on those sites before submitting Personal Information to them.
How We May Use and Disclose Your Personal Information
CheckFree treats your Personal Information as confidential. CheckFree does not sell or rent your Personal Information. CheckFree does not use or share your Personal
for the following purposes, including limited disclosures to our affiliates, to non-affiliated third party service providers performing services on our behalf, and to
certain other non-affiliated entities as described below:
To complete transactions and render products and services authorized by you (such as sharing the information with your Biller, to pay a bill, and to send messages to you
related to authorized services);
To perform fraud screening, to verify your identity, determine your credit history, collect on accounts, furnish delinquent account information to credit reporting agencies,
and verify the information contained in your account (such as sharing information with a credit reporting agency during the account enrollment process);
To comply with laws and regulations, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or
the public, to defend CheckFree from claims, and to protect CheckFree's rights and property, and as permitted by applicable law; and
As otherwise authorized by you.
How We Keep Your Information Secure
To ensure that your Personal Information remains confidential, CheckFree uses Secure Sockets Layer (SSL) technology to transmit and receive your Personal Information in an
encrypted form. Additionally, we maintain physical, electronic, and procedural safeguards to help prevent unauthorized access to your Personal Information. We update and test
our technology frequently to improve these protections and to ensure the integrity of your Personal Information.
CheckFree has policies and procedures that limit employee access to your Personal Information to those with a business reason to have such information. We educate our
employees about the importance of confidentiality and customer privacy, and we take appropriate disciplinary measures to enforce our privacy practices.
Protection for Former Customers
We treat the Personal Information of our former customers with the same care and respect as that of our current customers.
Compliance with Applicable Laws
CheckFree complies with applicable laws and regulations pertaining to information about you, including U.S. federal laws pertaining to "nonpublic personal information" and
At CheckFree, your privacy and the protection of your Personal Information are central to our business. Our products and services are developed with your privacy and security
CheckFree Services Corporation
ATTN: Privacy Management
4411 East Jones Bridge Road
Norcross, GA 30092