PLEASE SIGN YOUR CARD IMMEDIATELY.
THE CARD IS NOT A CREDIT CARD.
DO NOT TELL ANYONE YOUR PIN.
YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR PIN AND CARD NUMBER.
This CARDHOLDER AGREEMENT and these Terms and Conditions of Use (this “Agreement”) and the fee and limit schedule accompanying this Agreement (“Fee Schedule”) constitute our disclosure to you and an agreement between you and us with respect to our issuance and your use of the enclosed prepaid Visa Payroll Card (“Card”) and the account (“Card Account”) maintained by us that is linked to your Card. You have elected to receive a part or all of your wages on this Card, and you may access your funds in the Card Account everywhere Visa Debit cards are accepted including certain automated teller machines (“ATMs”) and merchant point-of-sale (“POS”) locations.
In this Agreement, “you” or “your” means any person who has received the Card and is authorized to use it as provided for in this Agreement, and “we”, “us” or “our” means West Suburban Bank and its successors and assigns. You acknowledge and agree that: (a) you are a U.S. citizen or legal alien residing in one of the 50 states of the U.S. or the District of Columbia with a verifiable U.S. mailing address and (b) you are at least 18 years of age (at least 19 years of age if you are a resident of a state in which the age of majority is 19). In connection with issuance of the Card, we will verify your identity as required by law.
You will be deemed to have accepted the Card and the terms and conditions of this Agreement if you: (a) sign the back of the Card; or (b) purchase or use the Card. If you are underage, your parent or guardian may enter into this Agreement, and you can be the Cardholder. Please read THESE TERMS AND CONDITIONS OF USE carefully and keep THEM for future reference .
This Card is our property and we may revoke the Card and close the Card Account at any time without cause or notice. You must surrender a revoked Card and you may not use an expired or revoked Card. You must notify us promptly if the Card is lost, stolen or otherwise taken from your control.
This Agreement is governed by applicable federal laws, rules and regulations. To the extent federal law is not applicable, the laws of the State of Illinois govern this Agreement. In the event of any conflict between the provisions of this Agreement and any applicable law or regulation, this Agreement will be deemed modified to the extent necessary to comply with such law or regulation. We may waive any of the provisions or conditions of this Agreement, but any such waiver will be effective only on that occasion and will not be a continuing waiver or a waiver on any other occasion. We can delay enforcement of any of our rights under this Agreement without losing them.
DELIVERY OF ELECTRONIC STATEMENTS.
Your Card transactions for the previous calendar month will be posted at the website listed in the “Contact Us” link on the webpage or you may access a report of your transactions by calling us toll-free at the number listed in the “Contact Us” link on the webpage. If you have no transactions during a calendar month, we will post a periodic statement for you on a quarterly basis. You hereby agree that you are deemed to have received your periodic statement as of the first day of each calendar month.
You have the right to withdraw your consent to have periodic statements made available to you by electronic communication. If you withdraw your consent, (a) you may elect to receive your statement in the mail and pay the fee set forth on the Fee Schedule; or (b) your Card will be suspended or cancelled by us. In your communication, you must state that you withdraw your consent to receive periodic statements and provide your name and Card number.
To receive periodic statements by electronic communication, you must have the following hardware and software requirements:
Section 1. CONTACT INFORMATION.
Tell us IMMEDIATELY if your Card has been lost or stolen. If you believe your Card has been lost or stolen or that someone has accessed or may access money from your Card Account without your permission, call or write us at the telephone number or address listed below. Call us toll-free 24 hours a day, 7 days a week at the number listed in the “Contact Us” link on the webpage. Write us at:
West Suburban Bank
701-711 South Meyers Road
Lombard, Illinois 60148
Attention: Stored Value Program
Our business hours are Monday through Friday 8:30 AM to 5:00 PM Central Time. We are closed on Saturdays and Sundays and all major holidays .
Member FDIC
Section 2. USING YOUR CARD.
You may use your Card only after you activate it in the manner provided in the instructions accompanying your Card. Using your Card and PIN, you may withdraw cash from any of the more than 1,400,000 ATMs worldwide. You may also use your Card to purchase goods and services everywhere Visa Debit cards are accepted. The balance available for authorizing transactions with your Card is the lesser of your available balance in your Card Account or any dollar limitation disclosed for the transaction being performed. Upon any ATM withdrawal or purchase via a POS device or other purchase transaction, the amount available on the Card will be reduced by the amount of such withdrawal or purchase.
PIN Selection. Your Card may come with a pre-selected PIN or, in certain circumstances, we may send you a pre-selected PIN in a separate mailing. You can select a new PIN by calling us toll-free at the number listed in the “Contact Us” link on the webpage or going online to the website listed in the “Contact Us” link on the webpage and following the instructions. You will be required for validation purposes to provide the pre-selected PIN if you change your PIN over the telephone or online. Your new PIN will become active immediately. Be sure to choose a PIN that is easy for you to remember but difficult for someone else to guess. Customer service representative-assisted Card activation and PIN selection services are available 24 hours a day, 7 days a week. A fee in the amount indicated on the Fee Schedule will be imposed each time you use this service.
Limitations on Use. You may use your Card only in the manner and for the purposes authorized by this Agreement. You may not use your Card for any illegal purpose. We may restrict access to your Card if we notice suspicious activities. If access is denied, you should contact us so that we can discuss and rectify any problems. You are responsible for all authorized transactions using your Card.
You may not use your Card to make a purchase in excess of the Available Balance in your Card Account. If for any reason a purchase occurs that exceeds the value on the Card, you are responsible for repaying us in full, and you authorize us to check your credit history and take any necessary collection action. We may automatically deduct any amount you owe under this Agreement from a future transfer of value to the Card. If we are required to undertake legal proceedings against you because you fail to comply with the terms of this Agreement, you must pay our reasonable attorneys’ fees and other costs of the proceedings.
Authorizations and Holds. Any entity honoring your Card will be required to obtain approval or authorization for any transaction in accordance with the rules of Visa U.S.A., Inc. When an authorization is issued, a thirty-day hold may be placed on the value on the Card in the amount of the authorization. A ninety-day hold may be placed on the value on the Card in the amount of the preauthorization request made by hotels and rental merchants. If the authorization request varies from the amount of the transaction the merchant subsequently submits to the Visa system, settlement of the transaction may not remove the hold, which may remain on the Card until the hold days have expired. If your Card is subject to a hold, the value on the Card that is subject to the hold will not be available for other purposes.
Card Loading. You may load additional amounts to your Card by making a payment for credit to your Card Account at participating merchant locations. Minimum and maximum load amounts for your Card are set forth on the Fee Schedule.
Moving Funds to Other Cards. You may move funds from your Card to another stored value card by initiating a funds transfer after entering the required account information using the online form available on the website listed in the “Contact Us” link on the webpage or by calling the toll-free number listed in the “Contact Us” link on the webpage and following the instructions.
ATM Usage. Your use of the Card for withdrawals of cash from ATMs is limited by the balance of prepaid funds available in your Card Account. Your aggregate daily ATM withdrawal limit is set forth on the Fee Schedule. Upon any withdrawal of cash from an ATM, the balance of your Card Account will be reduced by the amount of such withdrawal.
Foreign Exchange. If you use your Card for a transaction denominated in a foreign currency, the transaction will be converted to its U.S. dollar equivalent then deducted from your Card Account. We will convert the foreign currency transaction in accordance with procedures in effect at the time the transaction is processed at a rate determined by Visa U.S.A., Inc. or another recognized system. Visa determines the exchange rate based on a rate selected by Visa from the range available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. A surcharge of 3 % will be assessed for all transactions originated in a foreign country.
POS Usage. You may use your Card to pay for purchases at retail establishments that have agreed to accept the Card and/or are equipped with a POS terminal that accepts PIN based purchases. You do not have the right to stop payment on any purchase transaction originated by use of your Card. We are not responsible for any injury to you or to anyone else caused by any goods or services purchased or leased with your Card. YOU ARE RESPONSIBLE FOR RESOLVING ALL DISPUTES CONCERNING THE QUALITY OF GOODS OR SERVICES PURCHASED FROM THE MERCHANT THAT ACCEPTED YOUR CARD.
PIN Protection. You agree to take all necessary steps to protect your PIN and to never disclose your PIN to anyone, except to individuals associated with us who assist you with your Card. For security purposes, never write your PIN on the Card and never carry a record of your PIN in your purse or wallet. If you permit someone else to handle your Card and you give that person your PIN, we will treat this as if you had authorized the person given your PIN the right to use your Card and you will be responsible for any transactions initiated by such person with your Card.
Card Account Expiration . Your Card will expire on the date indicated on its face. If there are any funds remaining in your Card Account after expiration, you may choose to transfer the funds to another stored value card or, if you wish to be reimbursed for amounts remaining in your Card Account that you cannot otherwise use, you may write us at the address in Section 1, and we will send you a check. In either event, an administrative fee will be charged to close your Card Account.
Section 3. YOUR CARD ACCOUNT
Access to Card Account. The Card Account linked to your Card is a checkless, non-interest bearing transaction account. It may only be accessed by using your Card as described in this Agreement.
Deposits. Deposits in your Card Account must be made electronically, either by direct deposit or as provided in this Agreement.
Preauthorized Transfers. You will not be able to make preauthorized regular payments from your Card Account.
No Interest. The Card Account will not earn interest.
FDIC Insurance. Depositors are insured up to $100,000 by the FDIC.
Balance and Activity Information. You will receive periodic statements electronically regarding your Card Account on the first day of each month as discussed above. You may also review your Card Account balance and activity reports by calling the toll-free number or visiting the website listed in the “Contact Us” link on the webpage. This information is available to you 24 hours a day, 7 days a week. You can obtain Card Account balance information at participating ATMs around the world.
Funds Availability. Electronic deposits will be made available on the day we receive the deposit. At that time you may withdraw funds in cash or otherwise use your Card to access your account balance.
Our Right to Set-off. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called set-off) to use the money from your account to pay the debt. We may charge against any of your accounts any debt you owe us, now or in the future, without going through any legal process or court proceedings.
Death. A customer’s death does not revoke our authority to authorize transactions until we know of the fact of death and have a reasonable opportunity to act on it. Upon your death, any available balance in your Card Account will be payable to your estate.
Section 4. FEES AND CHARGES.
We may charge the following fees in the amounts indicated on the Fee Schedule provided with your Card. The amount of any fee will be deducted from the your Card Account at the time the fee becomes due or as otherwise indicated.
Card Activation/Issuance Fees. There may be a fee each time we activate or issue a card that can access your Card Account.
Monthly Maintenance Fees. After you activate your Card, there may be a monthly account maintenance fee. The monthly fee will be deducted from the balance in your Card Account at the time the fee becomes due.
Card Load Fees. There may be a fee imposed for the initial value load made to your Card Account and a fee for each subsequent load made to your Card Account. The amounts of such fees may vary based on the form of the load transaction and will be deducted from the balance in your Card Account at the time the fee becomes due.
PIN Selection Fees. There may be a fee each time you change or select a PIN.
ATM Transaction Fees. ATM transactions (including withdrawals and balance inquiries) may be performed using your Card subject to applicable fees, which vary based on the type of transaction.
POS Transaction Fees. There may be a fee each time you use your Card to make a purchase. The amount of such fee may vary based on the type of transaction.
Cash Advance Fees. You may be able to receive a cash advance on your Card at financial institutions throughout the world subject to applicable fees.
Card-to-Card Transfer Fees. There may be a fee each time you make a card-to-card transfer from your Card Account. The amount of the fee will be deducted from the balance in your Card Account at the time the fee becomes due.
Customer Service Access Fees. There may be a fee each time you access either our automated or live customer service.
Online Account Access and Account Statement Fees. There may be a fee each time you access your Card Account online or request a paper periodic statement. There will be no charge for accessing your electronic periodic statement online.
Lost or Stolen Card Fees. There will be fees charged for the replacement of any lost or stolen Card and for express delivery of a replacement Card. These fees will be deducted from the balance remaining on the Card at the time a replacement Card is issued.
Administrative Fee to Close Card Account and Transfer or Pay Funds. An administrative fee will be charged to transfer funds to another card or close your Card Account and pay you amounts remaining in your Card Account.
Overdraft Fee. A fee will be imposed in the event your Card Account has a negative balance.
Returned Item Fees. A fee may be imposed for each initiated transfer of funds to your Card Account that is returned to us unpaid. Any such fee will be deducted from the balance of your Card Account, along with the amount of the transfer.
Account-on-File Fee. After you activate your Card, there may be a monthly account-on file fee. This fee will be waived until the expiration date on your Card.
Section 5. DISCLOSURE OF CARD ACCOUNT INFORMATION TO THIRD PARTIES.
We will disclose information to third parties about your Card or the transfers you make:
In addition, Cardholder information may be provided to Visa for the purposes of providing certain services, including emergency cash or emergency Card replacement. PLEASE REFER TO THE ENCLOSED INSERT FOR ADDITIONAL INFORMATION CONCERNING OUR INFORMATION COLLECTION AND SHARING PRACTICES AND POLICIES.
Section 6. OTHER DOCUMENTATION.
You will get a receipt at the time you use your Card to make any withdrawal at an ATM or any purchase at a retail merchant establishment.
Section 7. TELEPHONE AND INTERNET ACCESS TO INFORMATION.
You may display your report of activity in your Card Account by going to the website listed in the “Contact Us” link on the webpage on the Internet, or hear the report by calling the toll-free number listed in the “Contact Us” link on the webpage. Customer service representatives are available 24 hours a day, 7 days a week. A fee in the amount indicated on the Fee Schedule may be imposed each time you use these services.
Section 8. OUR LIABILITY.
If we do not complete a transfer to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Section 9. ERROR RESOLUTION.
In Case of Errors or Questions about Your Electronic Transfers, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, call us as soon as you can at the toll-free number listed in the “Contact Us” link on the webpage or write us at:
Bankcard Services
Prepaid Dispute Department
P.O. Box 1481
Madison , Wisconsin 53701
We must hear from you no later than 60 days after we posted the FIRST electronic statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will generally tell you whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within 10 business days 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 10 business days, we may not credit your Card Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Card Account for the amount you think is in error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Section 10. YOUR LIABILITY FOR UNAUTHORIZED USE.
IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED ORMAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US AT ONCE TOLL-FREE AT THE NUMBER LISTED IN THE “CONTACT US” LINK ON THE WEBPAGE. Calling is the best way to keep your losses down. If your Card has been lost or stolen, we will close your Card and Card Account to minimize losses.
If you do NOT contact us promptly after you learn of the loss or theft of your Card or PIN, and we can prove your notice could have stopped someone from using your Card, you could lose as much as $50 (or, if less, the full amount of value in your Card Account). Under Visa’s zero liability policy: you must reasonably demonstrate that you exercised reasonable care in safeguarding your Card and PIN from risk of loss and theft; your Card must be in good standing (e.g., not presently or recently overdrawn, and not presently or recently under suspicion of possible illegal or suspicious use); and we cannot have received more than one other report of unauthorized use of your Card in the last 12 months. For this policy to apply, the unauthorized use of your Card must have been processed directly through Visa and not through another financial institution’s or a third party’s non-Visa ATM or POS network.
Section 11. AMENDMENT.
We can change this Agreement, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes or costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us.
Section 12. TERMINATION.
We reserve the right to terminate this Agreement or any of the services that are described herein in the event we choose to discontinue this payroll card program. If we discontinue honoring your Card, you should call us at the toll-free number listed in the “Contact Us” link on the webpage for further instructions. You may, at any time, terminate this Agreement, or any of the services to which you subscribe by giving us written notice. Termination will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Section 13. ARBITRATION.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Agreement to Arbitrate.Either you or we may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called "Claims").
Claims Covered.
· What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross‑claims, third‑party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non‑class, non-representative) basis, and the arbitrator may award relief only on an individual (non‑class, non‑representative) basis.
· Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co‑applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy.
· What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration.
· Broadest interpretation . Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the "FAA").
· What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non‑class, non‑representative) Claim.
How Arbitration Works .
How does a party initiate arbitration? The party filing an arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the three arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
225 North Michigan Avenue, Suite 2527
Chicago, IL 60601-7601
Web site: www.adr.org
National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
Web site: www.arbitration-forum.com
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
· What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.
· Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
· Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non‑class, non‑representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co‑applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
· When is an arbitration award final? The arbitrator's award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.
West Suburban Bank is offering cardholders the ability to pay bills using funds loaded on prepaid cards (“Cards”) issued by West Suburban Bank. For the purposes of these Terms & Conditions, “you” and “your” mean the cardholder accepting the Bill Payment Service, and “we”, “us” and “our” mean West Suburban Bank. A “Biller” is the person or entity to which a bill payment is to be directed. “Service Provider” is the processor retained by us to provide the Service.
By accepting the Service, you agree to the terms provided below, and you agree to the Service Fees set forth below that will be deducted from the Available Balance on your Card. You understand that the terms and conditions of the Cardholder Agreement for your Card apply to the Service and are incorporated herein. You should refer to the Cardholder Agreement in particular for your rights with respect to error resolution and unauthorized use. In addition, terms not defined below or in connection with the Service have the meanings provided in your Cardholder Agreement.
BILL PAYMENT SERVICE
(A) Payment Authorization and Payment Remittance
You will provide us with names and account information of Billers to whom you wish to direct payments. By doing so, you authorize us to follow the payment instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a payment instruction, you authorize our Service Provider to debit your Card 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 our Service Provider to credit your Card Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
(B) Bill Payment Scheduling
You must select the Processing Date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least six (6) Business Days prior to the Due Date to ensure that there is enough time to complete the payment prior to the Due Date. It is your responsibility to schedule payments to arrive by the Due Date specified on the bill or statement. If the actual Due Date falls on a non-Business Day, you must select a Processing Date that includes an additional day for processing. If you select a Processing Date that causes payment to be delivered after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.
Our Business Days are Mondays through Fridays. We are closed Saturdays, Sundays and all major holidays.
( C) The Bill Payment Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within these Terms & Conditions, West Suburban Bank and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in these Terms & Conditions.
(D) Payment Methods
Our Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a Laser Draft Payment.
(E) Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within these Terms & Conditions.
(F) Bill Payment Stop Payment Requests
The ability of West Suburban Bank and our Service Provider to process a stop payment on a Bill Payment request will depend on the payment method and whether or not a check or Laser Draft Payment has cleared. We 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 Bill Payment that has already been processed, you must contact our Bill Pay Customer Service at 800-963-1543.
Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set forth in our service fee schedule.
(G) Returned Payments
In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to: Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
(H) Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited through the Service.
(I) Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall West Suburban Bank or our Service Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The B ill Payment 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. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, miss-posted or misdirected exception payments will be your sole responsibility.
Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under these Terms & Conditions.
(K) Failed Transactions
In using the Service, you are requesting us to make payments for you from your Card Account. If we are unable to complete the transaction for any reason associated with your Card Account (for example, there are insufficient funds on your Card 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:
(L) Termination of the Service
We may modify, suspend, or terminate your privilege of using the Service and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. If you wish to terminate your participation in the Service, you must notify us at least ten (10) Business Days prior to the date you wish to terminate. Unless otherwise agreed, we will terminate the Service on the 10 th business day following our receipt of your notice. Termination shall not affect the rights and obligations of the parties for transactions made before we have had a reasonable time to respond to your termination request.
(M) Service Fees
There will be a $.50 per transaction fee assessed against the Available Balance in your Card Account. There will not be a monthly fee for the Service. There will be a $25.00 per stop payment fee assessed against the Available Balance in your Card Account.
These Terms & Conditions do not alter your liability or obligations that currently exist between you and your Billers.
LIMITATION ON LIABILITY: EXCEPT AS OTHERWISE PROVIDED HEREIN OR BY LAW, IN NO EVENT WILL WEST SUBURBAN BANK OR OUR SERVICE PROVIDER BE LIABLE TO YOU FOR ANY LOSS ARISING FROM THE USE OF, OR INABILITY TO USE, THE BILL PAYMENT SERVICE OR THE ELECTRONIC BILL FEATURE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGE OF ANY KIND EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Use of the Service and the Electronic Bill Feature is at your own risk. We are not responsible for any errors or failures from any malfunction of your computer or the Service or the Electronic Bill Feature. We are also not responsible for any damage to your computer, modem, telephone, or other property resulting from the use of the Service or the Electronic Bill Feature, including damage from any electronic virus or viruses that you may encounter. We encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of an intrusion detection system you may employ.