We apologize for any inconvenience and are working toward meeting your
needs in future versions of Small Business BillPay.
"Service" means the Online Billpay Service offered by Affinity Bank through its service providers. As used in this Agreement, "we", "us" and "our" refer to this financial institution and/or its Service Providers, as the case may be.
"Agreement" means these Terms and Conditions of the Online Billpay Service. As used within this agreement, "you" and "your" refer to the person enrolling in the Service, as well as any authorized users of the Service that such person allows, subject to the parameters of multiple user access as set forth within the application.
"Biller" is the person or entity to which you wish a bill payment to be
directed or is the person or entity from which you receive electronic bills, as
the case may be.
"Payment Instruction" is the information provided by you to the Service for a
bill payment to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be
"Billing Account" is the checking account from which all Service fees will be
"Business Day" is every Monday through Friday, excluding Federal Reserve
"Scheduled Payment Date" is the day you want your Biller to receive your bill
payment and is also the day your Payment Account will be debited, unless the
Scheduled Payment Date falls on a non-Business Day in which case it will be
considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the
payment is due; it is not the late date or grace period.
"Laser Draft Payment" is a payment method similar to a check written by you on your Payment Account. Payees should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds will be debited from your Payment Account by this financial institution after the Biller receives and processes the Laser Draft Payment. As a result, the Service cannot control when your Payment Account will be debited for a Laser Draft Payment.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
"Service Provider" includes any agent, licensor, independent contractor or subcontractor that this financial institution may involve in the provision of the bill payment Service.
In order to enroll in the Service you must:
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace
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. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the guidelines described under "Payment Scheduling" in this
You represent and warrant that you are an authorized user acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on
behalf of the applying entity. By providing the Service with names and account
information of Billers to whom you wish to direct payments, you authorize the
Service to follow the Payment Instructions that it receives through the payment
system. In order to process payments more efficiently and effectively, the Service
may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to
debit your Payment Account and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the Scheduled Payment Date designated
by you. You also authorize the Service to credit your Payment 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.
The Service will use its best efforts to make all your payments properly.
However, the Service shall incur no liability and any Service Guarantee shall be
void if the Service is unable to complete any payments initiated by you because
of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service
causes an incorrect amount of funds to be removed from your Payment Account or
causes funds from your Payment Account to be directed to a Biller which does not
comply with your Payment Instructions, the Service shall be responsible for
returning the improperly transferred funds to your Payment Account, and for
directing to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds
on your behalf to your Biller. These payment methods may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a laser
draft payment (funds remitted to the Biller are deducted from your Payment
Account when the laser draft is presented to your financial institution for
You may cancel or edit any Scheduled Payment (including recurring payments)
by following the directions within the application. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service 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. 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. The charge for each stop payment request will
be the current charge for such service as set out in the applicable fee schedule.
Payments to Billers outside of the United States or its territories are prohibited through the Service.
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 Service be liable for any claims or damages resulting from
your scheduling of 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 Service has no obligation to
research or resolve any claim resulting from an exception payment. All research
and resolution for any misapplied, mis-posted or misdirected payments will be
the sole responsibility of you and not of the Service.
This feature is for the presentment of electronic bills only and it is your
sole responsibility to contact your Billers directly if you do not receive your
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
Information provided to the Biller - The Service is unable to update or
change your personal information such as, but not limited to, name, address,
phone numbers and e-mail addresses, with the electronic Biller. Any changes will
need to be made by contacting the Biller directly. Additionally it is your
responsibility to maintain all usernames and passwords for all electronic Biller
sites. You also agree not to use someone else's information to gain unauthorized
access to another person's bill. The Service may, at the request of the Biller,
provide to the Biller your e-mail address, service address, or other data
specifically requested by the Biller at the time of activating the electronic
bill for that Biller, for purposes of the Biller informing you about Service
and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may
notify the Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to Biller and may
take up to sixty (60) days, depending on the billing cycle of each Biller.
Additionally, the ability to receive a paper copy of your statement(s) is at the
sole discretion of the Biller. While your electronic bill feature is being
activated it is your responsibility to keep your accounts current. Each
electronic Biller reserves the right to accept or deny your request to receive
Authorization to obtain bill data - Your activation of the electronic bill
feature for a Biller shall be deemed by us to be your authorization for us to
obtain bill data from the Biller on your behalf. For some Billers, you will be
asked to provide us with your user name and password for that Biller. By
providing us with such information, you authorize us to use the information to
obtain your bill data.
Notification - The Service will use commercially reasonable efforts to present all of your
electronic bills promptly. In addition to notification within the Service, the
Service may send an e-mail notification to the e-mail address listed for your
account. It is your sole responsibility to ensure that this information is
accurate. In the event you do not receive notification, it is your
responsibility to periodically logon to the Service and check on the delivery of
new electronic bills. The time for notification may vary from Biller to Biller.
You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves
the right to cancel the presentment of electronic bills at any time. You may
cancel electronic bill presentment at any time. The timeframe for cancellation
of your electronic bill presentment may vary from Biller to Biller. It may take
up to sixty (60) days, depending on the billing cycle of each Biller. The
Service will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Service will not be responsible for
presenting any electronic bills that are already in process at the time of
Non-Delivery of electronic bill(s) - You agree to hold harmless the Service, this financial institution, and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - Neither this financial institution nor its Service Providers are responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must
be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently
exist between you and your Billers.
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.
You agree not to give or make available your user ID or password or other means to
access your account to any unauthorized individuals. You are responsible for all
payments you and/or your authorized users authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. You are responsible for assigning appropriate access privileges to your authorized users. You agree to be bound by any transaction initiated by an authorized user without further verification or inquiry by this financial institution or its Service providers.
If you and/or your authorized users believe that your password(s) or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify this financial institution at once by calling 1-866-736-8194, during customer service hours, or emailing us at email@example.com. You may also use the Service's e-messaging feature to notify us of any security or password problems.
THIS FINANCIAL INSTITUTION AND/OR ITS SERVICE PROVIDERS MAY SUSPEND OR CANCEL YOUR PASSWORD EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT YOUR PASSWORD IS BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
Other Security Guidelines:
When any Payment Instruction is initiated through the Service, you agree that we may debit the designated Payment Account and Billing Account without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to payments initiated through the Service. Any authorized user must be authorized individually to make electronic payments even though that person's authority to make transfers by other means may still require dual signatures.
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with this Service, including procedures to protect the confidentiality of your user ID's and passwords. You agree to notify this financial institution in the event that your use of the Service would necessitate or be better served by a level of security that exceeds that offered by the Service. If you fail to notify this financial institution, you acknowledge and agree that the security aspects of the Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
In case of errors or questions about your transactions, you should as soon as
possible notify us via one of the following:
Affinity Bank5660 New Northside Drive
If you think your statement is incorrect or you need more information about a
Service transaction listed on the statement, we must hear from you no later than
ninety (90) days after the FIRST statement was sent to you on which the problem
or error appears. You must:
If you tell us verbally, we may require that you send your complaint in
writing within ten (10) Business Days after your verbal notification. We will
tell you the results of our investigation within ten (10) Business Days after we
hear from you, and will correct any error promptly. However, if we require more
time to confirm the nature of your complaint or question, we reserve the right
to take up to forty-five (45) days to complete our investigation. If we decide
to do this, we will provisionally credit your Payment Account within ten (10)
Business Days for the amount you think is in error. If we ask you to submit your
complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your Payment Account. If it is
determined there was no error we will mail you a written explanation within
three (3) Business Days after completion of our investigation. You may ask for
copies of documents used in our investigation. The Service may revoke any
provisional credit provided to you if we find an error did not occur.
You must tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning is the best way of minimizing your possible losses.
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within ninety (90) days after you have received notice of an unauthorized or erroneous transfer or bill payment, this financial institution will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY UNATHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF ANY POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT UPON THAT NOTICE.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting such discrepancy against us.
If this financial institution and/or its Service Providers fail or delay in making a payment pursuant to your Payment Instruction, or if we make a payment in an erroneous amount which is less than the amount per your Payment Instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the Payment Instruction.
We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the financial institution is headquartered for each day interest is due, computed on the basis of a three hundred sixty (360) day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THIS FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account or the
transactions you make ONLY in the following situations:
Any applicable fees will be charged regardless of whether the Service was
used during the billing cycle. There may be a charge for additional transactions
and other optional services. You agree to pay such charges and authorize the
Service to deduct the calculated amount from your designated Billing Account for
these amounts and any additional charges that may be incurred by you. Any
financial fees associated with your standard deposit accounts will continue to
apply. You are responsible for any and all telephone access fees and/or Internet
service fees that may be assessed by your telephone and/or Internet service
In using the Service, you are requesting the Service to make payments for you
from your Payment Account. If we are unable to complete the transaction for any
reason associated with your Payment Account (for example, there are insufficient
funds in your Payment Account to cover the transaction), the transaction may not
be completed. In some instances, you will receive a return notice from the
Service. In each such case, you agree that:
This Agreement, applicable fees and service charges may be altered or amended
from time to time. In such event, this financial institution and/or our Service Providers shall provide notice to you. Any use of the Service after we provide you a notice of
change will constitute your agreement to such change(s). Further, this financial institution and/or its Service Providers may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.
Consequently, this financial institution reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material
and limit access to only the Service's more recent revisions and updates. In
addition, as part of the Service, you agree to receive all legally required
notifications via electronic means.
It is your sole responsibility to ensure that the contact information in your
user profile is current and accurate. This includes, but is not limited to,
name, address, phone numbers and email addresses. Changes can be made either
within the application or by contacting this financial institution. Updates within the application only affect this Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
In the event you wish to cancel the Service, you may have the ability to do
so through the product, or you may contact this financial institution via one of the
Affinity Bank5660 New Northside Drive
Any payment(s) the Service has already processed before the requested
cancellation date will be completed by the Service. All Scheduled Payments
including recurring payments will not be processed once the Service is
cancelled. This financial institution or its Service Providers may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
This financial institution and its Service providers reserve the right to refuse to pay any Biller to whom you may direct a payment. Our Service Provider(s) 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 this
In using the Service, you understand that Billers and/or the United States
Postal Service may return payments to the Service 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. The Service 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.
Your enrollment in the Service may not be fulfilled if this financial institution and/or its Service Provider(s) cannot verify your identity or other necessary information. In order to verify through your enrollment in the Service, you agree that this financial institution and its Service Providers reserve the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that this financial institution and its Service Providers reserve the right to obtain financial information
regarding your account from a Biller or your financial institution (for example,
to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, this financial institution, its Service providers and you 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, this financial institution, and its Service Providers which supersedes any proposal or prior agreement, oral or written, and any other communications between you, this financial institution, and its Service Providers relating to the subject matter of this Agreement. If there is a conflict between what an employee of this financial institution or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. This financial institution and/or its Service Providers may assign this Agreement to any future, directly or indirectly, affiliated company. This financial institution and/or its Service Providers may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
This financial institution shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by this financial institution. No delay or omission on the part of this financial institution or its Service Providers in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not
control or affect the meaning or construction of any of the provisions of this
Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to other financial institution services provided to you separately.
This agreement shall be governed by and construed in accordance with the laws of the State of GA, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
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.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE 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 SERVICE