PAYMENT CARD BILL PAYMENT SERVICE TERMS AND CONDITIONS

 

IMPORTANT – PLEASE READ CAREFULLY

To enroll in the Service you must consent to receive notices and information about the Service electronically. You must have the ability to receive and retain electronic communications before you accept this Agreement.

By clicking the “Continue” or “ACCEPT” button, you consent to the receive information electronically and agree to the terms and conditions set forth in this Agreement. We reserve the right to provide information and notices about the Service to you by non-electronic means.

DEFINITIONS

"Agreement" shall mean all terms and conditions set forth herein. 

“Financial Institution”, “Bank”, “we”, or “us” shall refer to Amalgamated Bank.

"Service" shall mean the bill payment service offered by Amalgamated Bank and associated third party providers. 

"You" or "Your" or “Subscriber” means a person with a Card Account at the Bank whom has requested access to the Service. 

"Payee" shall mean the individual, business or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize the Financial Institution to remit payments on your behalf through the Service. 

“Payee List” shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments. 

"Card Account" shall mean the prepaid card account for which you are an authorized user, and from which we may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions through the Service. 

"Business Day" shall mean every Monday through Friday, excluding Bank holidays. 

“Scheduled Payment” shall mean the payment instructions you establish within the Service in order to properly direct funds from the Card Account you designate to the Payee you designate. 

“One-Time Payment” shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions. 

“Recurring Payment” shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.

“Payment” shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be. 

“Payment Amount” shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee. 

"Payment Date" or “Withdraw On Date” or “Withdrawal Date” shall mean the Business Day on which you schedule the Payment to be debited from your Card Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions.  In any case, it is the date on which sufficient available funds must exist in the Card Account. 

“Due Date” or “Deliver By Date” or “Delivery Date” shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions.  In any case, it is the date you determine to be most appropriate to deliver payment to your Payee considering such factors as the Payee-specified date the payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be. 

“Cut-Off Time” shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day. 

Acceptance of the Agreement

This Agreement sets out the terms and conditions on which we will provide you the Service. When you click on the "Continue" button you agree to accept this Agreement, including any amendments to this Agreement or any changes hereto. If you do not accept and agree to all of the terms and conditions herein, you will not be entitled to use the Service. The Bank may accept or decline your application for the Service.

The Bank reserves the right to change the terms under which the Service is offered in its sole discretion at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to this Agreement and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to this Agreement, you will not be entitled to use the Service. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you may, subject to the Section entitled AMENDMENT AND TERMINATION below terminate your use of the Service. Once your Card Account with us is terminated for any reason, you will have no further right to use or access the Service.

Electronic Communications disclosure

  1. General Consent; Categories of Records. The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
    • This Agreement and any amendments, modifications or supplements to it.
    • Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
    • Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
    • Any customer service communications including, without limitation, communications with respect to claims of error or unauthorized use of the Service.
    • Any other communication related to the Service.

Although the Bank reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.

  1. How to Withdraw Consent. You may withdraw your consent to have Communications provided in electronic form by contacting us at 1 (866) 601-8090 however, by doing so you understand that you will terminate your right to use the Service. Termination of the Service will be subject to the provisions of Section entitled AMENDMENT AND TERMINATION below.
  2. How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes.
  3. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide.
  4. Hardware and Software Requirements. In order to access and retain Communications, you must have:
    • A personal computer or other device with Internet access is required to access the Service 
    • A web browser which supports 128-bit SSL encrypted communications
    • An email account and e-mail software capable of reading and responding to your e-mail
    • Software that permits you to receive and access Portable Document Format (PDF) files, such as Adobe Acrobat Reader (available at http://www.adobe.com/products/acrobat/readstep2.html).
    • Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.

BILL PAYMENT SERVICE

You may use the Service to make payments from your Card Account to the Payees you choose in accordance with this Agreement.  The terms and conditions of this Agreement are in addition to the Cardholder Agreement for the prepaid card linked to your Card Account, disclosures and other documents in effect from time to time governing your Card Account. 

SERVICE GUARANTEE

The Bank will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Payment Due Date or Deliver By Date, provided that the Payment was scheduled and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Bank shall not be responsible for any such charges if the Bank does not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this Agreement, including, without limitation, those payments described under the Exception Payments section below.

RESPONSIBILITY

The Bank shall use commercially reasonable efforts to process the Scheduled Payments per your instructions.  The Bank shall not be liable for any Payment transaction if: (i) you do not have enough money in your Card Account to complete the transaction; (ii) a legal order prohibits withdrawals from your Card Account; (iii) your Card Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (v) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vi) you did not provide complete and correct Card Account, Payment or Payee information; (vii) you did not properly follow the instructions or terms and conditions for use of the Service; (viii) you knew and/or had been advised that the Service was not operating properly at the time you scheduled the Payment; (ix) there is a postal delay; or (x) circumstances beyond the Bank’s or its third party provider’s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.

With the exception of the foregoing, if the Bank incorrectly debits your Card Account and/or directs funds from your Card  Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Bank shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Card Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below. 

LIABILITY

You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment.  The Bank is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment.  The Bank is not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment.  The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Bank’s agent.  In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them.  The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank’s and/or its third party provider’s reasonable control.

SETTING UP AND MAINTAINING PAYEES

To begin using the Service you will first need to establish at least one Payee in your Payee List.  You may add, modify or delete Payees as necessary.  It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc, except where the Service expressly indicates that it shall manage such Payee information.  Payees must reside or exist within the United States of America or its territories or commonwealths.  The Bank reserves the right to refuse or remove a Payee for any reason. 

SETTING UP PAYMENTS

To schedule Payments you must choose a Payee from your Payee List.  You may schedule One-Time Payments and Recurring Payments to any of your Payees.  It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Card Account, or under circumstances where the Payee may return the Payment to the Bank due to any reason outside the Bank’s control.  The Bank reserves the right to refuse or cancel a Payment for any reason. 

The earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment.  The Service will not permit a Payment Date / Withdraw On Date or Due Date / Deliver By Date earlier than the earliest possible dates presented.  The Service determines this earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days).  A Payee’s location or policies for posting and crediting payments may require additional Business Days.  Payments scheduled after the Service’s Cut-Off Time shall be processed no earlier than the following Business Day.  Currently, the Cut-Off Time is 4:00 PM Eastern Standard Time, but the Bank may change the Cut-Off Time without prior notice. 

You should carefully consider factors such as the Payee’s payment due date, grace period, whether the Payee’s payment due date falls on a non-Business Day, etc, when scheduling a Payment to avoid late payments and late fees.  You must allow the necessary number of Business Days prior to the Payee’s payment due date for each Payment, including each Payment of a Recurring Payment series.  Some businesses take longer to post payments than others.  You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date / Withdraw On Date or Due Date / Deliver By Date in each case, and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Payee.  It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements.  The Bank shall not be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside the Bank’s control. 

Payments to Payees, businesses or individuals, outside the United States of America or its territories or commonwealths, are prohibited. 

EDITING OR CANCELING PAYMENTS

Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day Payment is going to be processed.  Once a Payment is in-process, it cannot be canceled through the Service.  Instead, you must contact Customer Service to request a stop payment.

STOP PAYMENT

The Service’s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Bank 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 at 1 (866) 601-8090.  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 to Bankcard Services P.O. Box 7237 Sioux Falls, SD 57117-7237.  The charge for each stop payment request is set out in the fee schedule below.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk.  In no event shall the Bank be liable for any claims or damages resulting from you scheduling these types of payments.  The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Bank shall have no obligation to research or resolve any claim resulting from any such payment.  All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.

BILL PAYMENT PROCESS

The Service will process Payments in accordance with the Payment instructions you provide.  The Service will not process Payments on weekends or bank holidays.  The Service will debit your Card Account or issue a draft against your Card Account, and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Due Date / Deliver By Date as is reasonably practicable. 

Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases Payments can be remitted by check.  The Bank shall have sole discretion to determine the appropriate remittance method.  In order to process Payments efficiently and effectively, or otherwise comply with Payees’ remittance requirements, the Bank reserves the right to change or update Payee data, or alter the method of Payment remittance.  The Bank shall not be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee’s payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Card Account are available; or d) other circumstances beyond its control. 

AUTHORIZATION

When you schedule a Payment, you expressly authorize the Bank and/or its third party provider(s) to withdraw from your Card Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Card Account for any applicable Service related fees.  You further authorize the Bank and/or its third party provider(s) to credit your Card Account for any payment returned from or undeliverable to the Payee.  In addition, you certify that the Card Account is an account from which you are authorized to make payments and incur debits. 

You agree to have available and collected funds on deposit in the designated Card Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to the Bank.  The Bank reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement.  If you do not have sufficient funds in the Card Account and the Bank has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand.  

You authorize the Bank and/or its third party provider(s) to contact your Payees to request appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Card Account in connection with the Service in the unlikely event that the Service remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Card Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds. 

RETURNED PAYMENTS

In using the Service, you understand that Payments may be returned by or to the Bank for various reasons including but no limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual.  The Bank shall use commercially reasonable efforts to research and correct the returned payment, or void the payment and credit your Card Account. You may receive notification from the Service. 

FEES

The fee for the Bill Payment Service is:

 $0 Per Payment

 $35.00 For Stop Payments

TRANSFER LIMITS

There are transaction limits for payments made through the Service. Individual transactions may not exceed $9,999.99. Daily transactions may not exceed $20,000. We reserve the right to change from time to time the dollar amount of bill payment you are permitted to make using the Service.

ACCOUNT SECURITY

You are solely responsible for controlling the safekeeping of and access to your user identification, password or other means to access your Card Account.  You agree not to give out or make available your user identification, password, access code, authenticating image or other means to access your Card Account to any unauthorized individuals.  You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your Card Account.  You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority. 

UNAUTHORIZED TRANSFERS

If you believe that your user identification, password, access code, authenticating image or other means to access your Card Account has been lost, stolen or otherwise compromised, or that someone may attempt to use the Service without your consent or has transferred money without your permission, or if you suspect any fraudulent activity in your account(s), you must notify the Bank at once by calling 1 (866) 601-8090 or by writing us at Bankcard Services P.O. Box 7237 Sioux Falls, SD 57117-7237. If you tell us within two (2) Business Days after you discover your password or other means to access your Card Account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission.  If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. 

If your transaction history shows transactions that you did not make, tell us at once.  If you do not tell us within 60 days after the earlier of the date you electronically accessed your card account, if the transaction(s) you dispute could be viewed in your electronic history, or the date we sent the FIRST written transaction history on which the disputed transaction(s) appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from making the unauthorized transaction if you had told us in time. If we determine that extraordinary circumstances kept you from telling us, we may extend the time periods for reporting to us.

Information About Your Right to Dispute Errors

In case of errors or questions about your transactions telephone us at 1 (866) 601-8090  or write us at Bankcard Services P.O. Box 7237 Sioux Falls, SD 57117-7237 as soon as you can, if you think an error has occurred. We must allow you to report an error until 60 days after the earlier of the date you electronically access your card account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1 (866) 601-8090 or writing us at Bankcard Services P.O. Box 7237 Sioux Falls, SD 57117-7237. You will need to tell us the following:  1) your name; 2) your Card number; 3) why you believe there is an error; 4) the dollar amount involved; and 5) approximately when the error took place.  If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine 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 account within 10 business days for the amount you think is in error, so that you will have 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 account. For errors involving new accounts, 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 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.

DISCLOSURE OF INFORMATION

We will disclose information to third parties about your Card account or the transfers you make:

  1. Where it is necessary for completing transfers, or
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
  3. In order to comply with government agency or court orders, or
  4. If you give us your written permission, or
  5. In accordance with our privacy policy a copy of which has been provided to you previously and which is also available online at www.amalgamatedbank.com/paymentcard.

ACCOUNT AND CONTACT INFORMATION

It is your sole responsibility to maintain accurate and complete contact information and Card Account information in your user profile.  This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers.  Changes can be made within the Service or by contacting Customer Service.  Changes you make are typically effective immediately.  The Bank shall not be responsible for any payment processing errors or fees incurred if you do not provide accurate Card Account or contact information. 

VIRUS PROTECTION

The Bank is not responsible for any electronic virus that you may encounter using the Service.  You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses.  If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. 

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.

AMENDMENT AND TERMINATION

The Bank reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time.  You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes. 

You may terminate this Agreement by written notice to the Bank or by calling Customer Service.  The Bank is not responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice.  Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well.  You remain obligated for all Payments made by the Service on your behalf under this Agreement. 

APPLICABLE RULES, LAWS, AND REGULATIONS

You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of New York without regard for its conflict of law rules.  Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering New York County, NY, U.S.A.

ASSIGNMENT

The Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to independent contractors or third party providers.  You may not assign this Agreement to any other party. 

SEVERABILITY

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. 

DISPUTES

In the event of a dispute regarding the Service, you and the Bank 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 Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement.  If there is a conflict between what is said by a Bank employee or Customer Service Department and the terms of this Agreement, the terms of this Agreement shall prevail.

WAIVER

The Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement.  No waiver by the Bank of a breach of this Agreement shall constitute a waiver by the Bank of any prior or subsequent breach of this Agreement.

HEADINGS AND CAPTIONS

The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof. 

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.

EFFECTIVE DATE: FEBRUARY 24, 2017