Agreement and Disclosure for Online BillPay Service

These terms and conditions shall govern the payment of bills on your behalf and at your direction by electronic notice to Federated Employees Credit Union (FECU) through our Online BillPay Service provided by Mastercard’s CUI mpowered. The Online BillPay Service enables you to set up recurring payments, make one-time payments, and track your payments to third parties. By using the online BillPay Service, you acknowledge electronic receipt of these terms and conditions and agree that you have read and will abide by them.

COSTS. Online BillPay Service has no monthly fees. For a complete listing of all applicable fees, please refer to our Rate and Fee Schedule. You are responsible for any Internet service fees that may be assessed by your telephone and/or Internet service provider.

ACCESS. To access the Online BillPay Service, you must log on to our website home page and log on to Online Banking. Once you have accessed Online Banking you can click on the BillPay tab.

DEFINITIONS. As used in this Agreement, the term "Payee" means the merchant, person, or entity to whom you wish a bill payment to be directed; "Payment Instructions" means the information provided by you for a bill payment to be made to your "Payee"; "Checking Account" means your FECU checking account selected to make payment; "Business Day" means Monday through Friday; "Process Date" means the Business Day of your choice upon which your bill payment will be made. "Pay From Account" means your checking account and, in the instance of non-sufficient funds and/or an overdrawn account, any applicable share account or available balance on line of credit overdraft accounts.

PAYMENT AUTHORIZATION. When you transmit bill payment instructions to us, you authorize us to debit your account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. Payments should be scheduled for disbursement at least seven (7) business days before the actual due date stated on your invoice to help ensure that they are received on time. Cutoff time is 4:00 p.m. Central Standard Time on any business day and is the time by which you must transmit payment instructions to have them considered entered on that particular business day. Payment instructions entered after the cutoff time or on non-business days will be considered entered on the next business day. If you properly follow the procedures described and FECU fails to send a payment according to your instructions, FECU will bear responsibility for late charges ($50.00 maximum) subject to the five (5) exceptions stated below. In any other event, including but not limited to, choosing a payment date less than seven (7) business days before the bill's actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

LIABILITY FOR IMPROPER PAYMENTS. FECU will use its commercially reasonable efforts to make all your payments properly. However, FECU shall incur no liability if it is unable to complete any payments initiated by you through FECU because of the existence of any one or more of the following circumstances: 1. Your account does not contain sufficient funds (including overdraft protection) to complete the payment. Payments are based on available funds per our funds availability policy. 2. You know or have been advised by FECU, not to use the payment system due to a temporary technical malfunction. 3. The Payee mishandles or delays a payment sent by FECU. 4. You have not provided FECU with the correct names or account information for the Payee. 5. Circumstances beyond FECU's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and FECU has taken reasonable precautions to avoid those circumstances. If FECU causes an amount of funds to be removed from your FECU account that is in conflict with your payment instructions, or causes funds from your FECU account to be directed to a person or entity which does not comply with your payment instructions and none of the above five (5) exceptions apply, FECU shall be responsible for returning the improperly transferred funds to your FECU account to the extent you did not receive the benefit of the transfer.

PROHIBITED PAYMENTS. The following payments are prohibited through this service:

Tax payments and other governmental fees;
Court ordered payments;
Payments to Payees outside of the United States;
Single payments in excess of Nine Thousand Nine Hundred Ninety Nine and 99/100 Dollars ($9,999.99).

PAYEE LIMITATION. FECU reserves the right to refuse to pay any Payee to whom you may direct a payment. FECU is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to make a prohibited payment as defined above.

EDIT/CANCEL OR STOP PAYMENT. You may cancel or edit a payment instruction under certain circumstances. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a payment you have already scheduled, you may electronically edit or cancel the payment if done at least three (3) business days before the scheduled payment date. This can only be performed when the payment is pending. Once the transaction is completed, it is not possible to edit or cancel it. If your request is not timely entered, you will be responsible for the payment. You may also edit or cancel the payment by calling FECU at 507-455-5430 at least three (3) business days before the scheduled payment date. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. You will be charged a stop payment fee for each. For a complete listing of all applicable fees, please refer to our Rate and Fee Schedule.

NON-SUFFICIENT FUNDS (NSF). If you have instructed FECU to make a payment for which there are non-sufficient available funds in your account, FECU is not responsible for making the payment and you will be charged non-sufficient fund fee per item, per occurrence which will automatically be taken from your account on the day the payment is scheduled to be processed. For a complete listing of all applicable fees, please refer to our Rate and Fee Schedule. FECU reserves the right to terminate your Online BillPay Service without notice to you or may require you to close your accounts if (1) you have three returned items within 90 days, (2) you do not meet other credit obligations of the Credit Union, (3) you do not comply with policies adopted by the Credit Union Board of Directors.

MERCHANT RETURN. If a merchant that you have instructed FECU to make a payment to cannot accept the payment for any reason and returns the payment, you will be charged a Merchant Return Fee per item. For a complete listing of all applicable fees, please refer to our Rate and Fee Schedule.

SECURITY OF ACCESS CODE. Access to your accounts requires utilization of a User ID and a Password and constitutes your access code ("Access Code"). Your Access Code is confidential and issued only to you. Your Access Code should not be disclosed to third parties or recorded. You are responsible for safekeeping your Access Code. You may change your Access Code at any time. You agree not to disclose or otherwise make your Access Code available to anyone not authorized to sign on your accounts. If you disclose your Access Code to another person, whether it is intentional, accidental, or negligent action, you are responsible for any such action. If you fail to maintain the security of the Access Code and FECU suffers a loss, we may terminate your Federated Employees Credit Union Online BillPay Service and account services immediately. You waive all present and future claims against FECU and release FECU from all responsibility for loss or damage not caused by FECU's negligence, which you might incur through unauthorized transactions of any kind from your account(s) through the custody or use of your PIN or Access Code. In the event that you misplace or forget your access code, you may contact the Credit Union to have it regenerated.

LIABILITY FOR UNAUTHORIZED ACCESS. You are responsible for all bill payments you authorize under this Agreement. If you permit other persons to use the Federated Employees Credit Union BillPay Service or your Access Code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us AT ONCE if you believe anyone has used your access code or accessed your accounts through Federated Employees Credit Union Online BillPay Service without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission. If you FAIL to tell us within two (2) business days after you learn of the unauthorized use of your account or Access Code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose the maximum allowed by law. Also, if your statement shows Federated Employees Credit Union Online BillPay Service payments that you did not make, tell us AT ONCE. If you FAIL to tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty days (60) if we can prove that we could have stopped someone from making the payment if you had told us in time. If, in our sole discretion, a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. IF YOU BELIEVE THAT UNAUTHORIZED ACCESS HAS OCCURRED OR SOMEONE HAS USED YOUR ACCESS CODE OR HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, CALL FECU AT: 507-455-5430 OR WRITE FECU AT: FEDERATED EMPLOYEES CREDIT UNION 1929 S. CEDAR AVE OWATONNA, MN 55060.

FEES AND CHARGES. There are certain charges for Federated Employees Credit Union Online BillPay Service as set forth on FECU's Rate and Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law.

PERIODIC STATEMENTS. Bill payments transacted through Federated Employees Credit Union Online BillPay Service will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

ACCOUNT INFORMATION DISCLOSURE. We will disclose information to third parties about your account or the transfers you make:

As necessary to complete bill payments.
To verify the existence of sufficient funds to cover specific transactions upon the request of a Payee or a third party, such as a credit bureau or merchant.
To comply with government agency or court orders.
If you give us your written permission.

TERMINATION OF FEDERATED EMPLOYEES CREDIT UNION ONLINE BILLPAY SERVICE. You agree that we may terminate this Agreement and your use of the Federated Employees Credit Union Online BillPay Service if you or any authorized user of your account or Access Code breaches this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account or Access Code. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective two business days following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

NOTICES. FECU reserves the right to change the terms and conditions upon which this service is offered. FECU will mail notice to you before the effective date of any change, as required by law. Use of the Federated Employees Credit Union Online BillPay Service is subject to existing regulations governing your accounts and any future changes to those regulations.

DISPUTES. In the event of a dispute regarding the Federated Employees Credit Union Online BillPay Service, you agree to resolve the dispute by referring to this agreement and that the terms of this agreement shall govern.

BILLING ERRORS. In case of errors or questions about your Federated Employees Credit Union Online BillPay Service transactions, telephone us at the phone number or write to us at the address set forth above in the Liability for Unauthorized Access section as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

Tell us your name and account number.
Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (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. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days.

ENFORCEMENT. You agree to be liable to FECU for any liability, loss, or expense as provided in this Agreement that FECU incurs as a result of any dispute involving your accounts or services. You authorize FECU to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, or any post-judgment collection actions, if applicable.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Minnesota, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.