Effective Date: April 3, 2013
Terms & Conditions
This iPay Agreement (this "Agreement") sets forth the rules, restrictions, guidelines, terms and conditions related to iPay. Upon your acceptance of the terms and conditions of this Agreement, same shall become an addendum to and a part of the American State Bank Online Banking Agreement.
As used in this Agreement, "you" or "your" refers to each person(s) or entity subscribing to, using or accessing iPay. "We," "it," "us," "our," or the "Bank" refers to American State Bank and any agent, independent contractor, designee, or assignee that American State Bank may, in its sole discretion, involve in the provision of this Agreement.
iPay Bill Payments
Account Designation and Payees. All bill payment(s) you make through iPay will be transacted through various service providers. All bill payment(s) shall be deducted from the account you have designated as your bill payment account (the "Designated Transaction Account"). Any payee you wish to pay through iPay must be payable in US Dollars and must be located in the United States (including US Territories and APO's/AEO's). You shall not use iPay to make bill payments to a federal, state or local governmental or tax unit, or to other categories of payee that the Bank may establish from time to time. The Bank is obligated to notify you promptly if it decides to refuse to pay a person(s) or entity designated by you. This notification is not required if you attempt to make a payment to a category of payee which is prohibited under this Agreement.
Each payee must appear on the payee list in your database. To add a new payee, login to Online Banking, click the “iPay” tab, and follow the instructions on the screen. You may also call the Bank to speak with a representative or visit any branch location for additional information. You may add a new fixed payment to a "Payee" by accessing iPay through Online Banking and entering the appropriate information. Most other additions, deletions, or changes can be made through Online Banking or by submitting a written request to the Bank. The Bank reserves the right to refuse to pay any person(s) or entity to which you may direct a payment.
Processing. The Scheduled Initiation Date is the date you select for the transaction to occur. Funds will be taken out of the designated transaction account, or any such other account as may be designated by you and approved by the Bank, on or several days after the Scheduled Initiation Date. In many cases, your bill payments are electronically delivered to the payee within five (5) business days of the Scheduled Initiation Date. However, some payees are not configured to accept electronic bill payments. In these cases, a paper check will be sent to such payee(s), which may take up to ten (10) business days to process and deliver.
- Single Payments-a single bill payment will be processed on the business day (generally Monday through Friday, excluding federal holidays) that you designate as the Scheduled Initiation Date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the Bank, is currently 2:00 p.m., Central Standard Time.
- Electronic-all standard bill payments are debited from your account on the Scheduled Initiation Date and forwarded as guaranteed funds the following business day. The bill payment is then estimated to be received by the payee on the “deliver by” date selected by you.
- Check-all standard bill payments by check are debited from your Designated Transaction Account when the payee deposits or cashes the check. The bill payment is estimated to be received by the payee on the “deliver by” date selected by you.
- iPay will calculate the Estimated Arrival Date of your payment. This is only an estimate. Please allow ample time for your payment to reach your payee(s).
- Recurring Payments-When a recurring bill payment is processed, it is automatically rescheduled by iPay. Based on your selected frequency settings for the bill payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and federal holidays), it is adjusted based upon the following: If you select the "Pay Before" option, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date. Note: If your frequency settings specify the 29th, 30th, or 31st of any month as your Scheduled Initiation Date, and that day does not exist in the month of the calculated processing date, then the last calendar day of that month will be used as the calculated processing date.
You must allow sufficient time (up to five (5) business days for electronic payment or ten (10) business days for payment by check) for your request to be received and processed in order for funds to be delivered to the payee before the payment due date. Bill payments are processed by outside service providers and the Bank is not responsible for making payments upon your authorization or for mailing or sending a payment to the designated payee. The Bank is not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the Scheduled Initiation Date or the payment processing date. The Bank is not responsible for and assumes no liability if the Estimated Arrival Date generated by iPay is inaccurate due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner, for any lack of care by the outside service providers, or for any other circumstance that is beyond the Bank’s control. In addition, the Bank is not responsible for and assumes no liability if bill payments cannot be made due to incomplete, incorrect, or outdated information. If the Bank causes an incorrect amount of funds to be removed from your Designated Transaction Account or causes funds from your Designated Transaction Account to be directed to a person or entity that does not comply with your payment instructions, the Bank shall be responsible for returning the improperly transferred funds to your Designated Transaction Account.
Liability. You are solely responsible for controlling and safekeeping access to your User ID, password and security questions. If you want to terminate another person's authority to use iPay, you must notify the Bank and arrange to change your User ID, password and security questions. You will be responsible for any bill payment request(s) you make that contain an error or duplicate a previous bill payment. The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions as prescribed in this Agreement. The Bank is not liable for any failure to make a bill payment if you fail to promptly notify the Bank after you learn that you have not received credit from any payee(s) for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent.
THE FOREGOING SHALL CONSTITUTE THE BANK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE IPAY.
Exclusions on Warranties
IPAY AND ALL RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations on Services
Dollar Limitations-Bill Pay. For all accounts, including accounts styled as “doing business as” “d/b/a” or “dba,” the dollar limitation shall be the lesser of $99,999.99 or the available balance in your deposit account on any bill payment processed via iPay without prior approval from the Bank.
Dollar Limitations-Transfer. Except as provided herein, all transfers to and from your Designated Transaction Account are subject to the terms and conditions set forth in your account agreement governing such account.
The following dollar limitations apply to all transfers made by consumers enrolled in iPay:
|Transfer Type||Amount Per Transaction||Amount Per Day||Amount Per Month|
The following dollar limitations apply to all transfers made by businesses enrolled in iPay:
|Transfer Type||Amount Per Transaction||Amount Per Day||Amount Per Month|
Available Funds Required. All bill payments initiated through iPay are contingent upon sufficient funds available in the Designated Transaction Account to cover the bill payment on the Scheduled Initiation Date and the calculated processing date. Please refer to the Funds Availability Disclosure provided to you at account opening (also known as "Your Ability To Withdraw Funds At American State Bank") to determine the funds availability policy for your account(s). You may request another copy of this disclosure from any Bank representative by telephone, postal mail, or in person at any of our branch locations.
Stopping or Modifying a Bill Payment. A bill payment can be changed or canceled any time prior to the cutoff time on the calculated processing date. If the bill payment has already been processed, you may call American State Bank at 903-859-2211 and make a stop payment request. If the bill payment has not yet been received and cleared by the Bank, we can place a stop hold on the bill payment for a specified fee. A copy of the canceled check can be requested for a nominal fee.
Authorization to Charge Your Account(s). You authorize the Bank to charge your Designated Transaction Account(s) for any transactions accomplished through iPay, including the amount of any bill payment, and for any charges for iPay and/or stop payment request(s). You authorize the Bank to process bill payments according to the instructions that the Bank receives if the instructions are received by the Bank through iPay. You authorize the Bank to initiate any reversing entry or reversing file, and to debit your Designated Transaction Account(s) in order to correct any mistaken credit entry.
You understand that if a bill payment describes the payee inconsistently by name and account number, execution of the bill payment shall occur on the basis of the account number, even if it identifies a payee different from the named payee. Your obligation to pay the bill payment to the Bank is not excused in such circumstances.
The Bank shall have no liability for the execution or failure to execute a bill payment that includes a discrepancy between the name of a payee and an account number, or which is to be made from an account with insufficient available funds. The Bank shall not be responsible for resubmitting any payment for you after funds become available in your Designated Transaction Account.
CONTACT THE BANK IMMEDIATELY if you believe your User ID and/or password have been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your Designated Transaction Account(s) without your permission. An immediate telephone call to the Bank is the best way to reduce any possible losses. If you contact the Bank within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your User ID and/or password, you can lose no more than $50.00 if a third party used your User ID and/or password without your permission. If you do NOT contact the Bank within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your User ID and/or password, you could lose as much as $500.00. In the event your account statement shows transfers that you did not authorize, contact us at once. If you do not tell us within sixty (60) days after receipt of your account statement, your account may not be credited for any monetary loss you sustained for unauthorized transactions made after expiration of the sixty (60) day time period.
For more information about errors and error resolutions, please refer to the Online Banking Agreement.
Information Authorization. The Bank reserves the right to obtain financial information regarding your Designated Transaction Account from a merchant or financial institution in order to resolve payment posting problems. You understand and agree that we may disclose information to third parties about your Designated Transaction Account or the bill payments you authorize if it is reasonably necessary for completing same.
Assignment. You may not assign this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
Amendment. The Bank has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Designated Transaction Account on the Bank's records, by posting notice in the Bank’s branch locations, or as otherwise permitted by law.
No Waiver. The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
BY ACCEPTING THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THIS IPAY AGREEMENT. THE BANK MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN THE BANK'S SOLE DISCRETION AND WILL NOTIFY YOU OF ANY SUCH AMENDMENT OR MODIFICATION IN ACCORDANCE WITH THE BANK’S NORMAL BUSINESS PRACTICES. YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF IPAY. ANY USE OF IPAY BY YOU AFTER ANY CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED.
The Bank may discontinue the operation, maintenance or provision of iPay and/or any related content, features, products or services, or the terms thereof, at any time and will notify you of same in accordance with the Bank’s normal business practices.
Termination or Suspension
Your Right to Terminate — You may cancel iPay any time by providing us notifying us of same in person, by telephone, by postal mail or fax. Your access to iPay will be suspended within three (3) business days of our receipt of your instructions to cancel iPay. You will remain responsible for all outstanding fees, checks, and charges issued or incurred prior to the date of cancellation.
The Bank's Right to Terminate or Suspend — You agree that the Bank can terminate or limit your access to iPay for any of the following reasons: (i) without prior notice, if you have insufficient funds in any of your Designated Transaction Accounts (iPay may be reinstated, at the Bank's sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits); or (ii) upon reasonable notice, for any other reason at the Bank's sole discretion, including insufficient volume of transactions. The Bank also reserves the right to temporarily suspend iPay in situations deemed appropriate by the Bank, in the Bank's sole and absolute discretion, including when the Bank believes a breach of the system security has occurred or is being attempted. The Bank may consider repeated incorrect attempts to enter your User ID and/or Password as an indication of an attempted security breach.
In any such event, the Bank may (but is not obligated to) immediately discontinue making previously authorized bill payments, including recurring or scheduled bill payments that were previously authorized or issued but not yet processed. Termination or suspension of iPay does not affect your obligations under this Agreement with respect to occurrences before termination or for your cooperation after termination.