Terms & Conditions

BCU Payment Portal Terms and Conditions

In the terms and conditions ("Terms and Conditions") that follow, the terms "you" and "your" will refer to each member (as defined below) who has contracted with BCU (Baxter Credit Union) for the services described below. The terms "BCU’, "we," "us" and "our" will refer to BCU and our service provider, ACI Payment Systems, for the following online share, loan and credit card payment service called BCU Payment Portal ("the Service" or "Service"). The Service allows you to pay your past due loans, credit cards and/or shares (“BCU Account(s)”) through an online temporary payment arrangement. These Terms and Conditions will not replace the original terms and conditions of your original loan and or share agreement Accounts. You "signify" your acceptance of these Terms and Conditions through your usage of this Service.

Regulation E of the Electronic Funds Transfer Act (the “Regulation”) applies to the portion of the Service that allows you to pay your bills online. The Regulation provides for certain protections for you, and requires us to furnish certain disclosures regarding your rights and liabilities relating to transfers of funds that can be initiated before the first electronic funds transfer is made involving your account. Those disclosures that must be furnished before you initiate any bill payments via the Services have been incorporated into these Terms and Conditions. These Terms and Conditions will remain available on the BCU Payment Portal Web site. We encourage you to print and retain a copy of these Terms and Conditions for future reference. The BCU Payment Portal Web site will not be available to you, including the Terms and Conditions, once your BCU Account is no longer delinquent. With regard to these Terms and Conditions and subsequent disclosures, (a) you confirm that your computer equipment is capable of printing web pages, s and copies of these Terms and Conditions, and (b) you accept that by using the Services, you accept these Terms and Conditions and (2) that any subsequent notices or disclosures will be effective as of the date we send them to you and/or post them on the BCU Payment Portal Web site unless we indicate in our communication a later effective date.

Your acceptance of these Terms and Conditions indicates that you agree to the provisions contained herein. We reserve the right to modify these Terms and Conditions at any time, by giving you advance notice of the change as required by law (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include (1) modifications to or elimination of any of the then current Terms and Conditions, and (2) adding new terms and conditions.

Site Usage

As a "Site User" you are an individual who is able to use the Service to pay your past due BCU Account through an online temporary payment arrangement by using your account holder personal identifier information (see "Access and Security" below) to log in. You must be a BCU online banking user to use the Service. You agree to not use our Service in any manner that is illegal or that infringes on the rights of others. You may not resell or make any commercial use of our system or the Service without our prior written consent. You acknowledge and agree that we own the rights to the BCU Payment Portal Web site and all content displayed therein.

Access and Security

Access to the Service is controlled through the use of your BCU Account online banking credentials. You agree not to give or make your personal identifier information available to any unauthorized individuals and agree to remain responsible for maintaining the confidentiality of your personal identifier information. You are responsible for any transactions performed by anl identifier information. We also require you to use a secure Internet browser with at least 128 bit secure socket layer encryption when accessing the Service.

Procedures If Your Personal Identifier Information Has Been Lost, Stolen or Compromised or There Has Been Unauthorized Use of Your BCU Payment Portal

Tell us IMMEDIATELY if you believe your personal identifier information has been lost, stolen or compromised, or that someone has used or may use your BCU Payment Portal to make payment on your account without your permission.

Telephoning us at 1 (800) 388-7000 Ext 8187 is the best way of keeping your possible losses to a minimum. You could have the loss of money through unauthorized use of the Service by others. You will have no liability for the unauthorized use of the service if you tell us within two (2) Business Days after you learn of the loss, theft or compromise of your personal identifier information that was used to make payment on the BCU Account by someone using your BCU Payment Portal without your permission. No liability means your BCU Account will return to the balance status prior to the unauthorized usage of the Service. Our Business Days are every day except Saturdays, Sundays and federal holidays. IF YOU DO NOT tell us within two (2) Business Days after you learn of the loss, theft or compromise of your personal information and we can prove that we could have stopped someone from using your BCU Payment Portal without your permission if you had told us, you could lose the full amount of the unauthorized payment(s) to your BCU Account. If the Payment History shows payments that you did not make, tell us at once.

Changes to Member Information

If there is a change in the Funding Account(s) used to pay your BCU Account, you must promptly notify us of those changes prior to the date(s) scheduled for payment. See section below entitled "Confirming Paymentwill continue to use the old information in processing pending payment(s). Please edit your Funding Account information via the Web site on the "Funding Accounts" page. We will not be responsible for problems that may arise if you change the Funding Account(s) used to pay your debt or if the account is closed before funding has taken place. It is your responsibility to make sure all pending payments are directed to active and open Funding Accounts.

Fees and Charges

Fees and charges ("Fees") may apply depending on the service option you select and your state of residence. A fee may apply for a "Same Day Payment". The Same Day Payment service option enables a payment to be credited to your BCU Account as of the same day the payment instruction is input via the BCU Payment Portal Web site, providing it is input no later than 6:00 p.m. C.S.T. The daily cut off time for same day payment processing is 6 PM C.S.T. All payment types are accepted seven (7) days a week. Card payments are processed seven (7) days a week, ACH payments are processed to the Fed Five (5) days a week – payments scheduled for the weekend (or holidays) are submitted to the Fed on the next banking day. If the laws of your state of residence do not permit such a fee, it will not apply. Residence is determined by the information we have on file for you. You may view or change this information by selecting the "Update Contact Information" link on the Account Summary page of this Web site. There are no fees for other payment options ("Scheduled Payments").

You agree that we may automatically charge the Funding Account you designate as your payment method for use of the Same Day Payment service at the same time the Funding Account is debited for your payment.

You also agree to be bound by any applicable terms and conditions of any agreements we maintain with banks or other institutions that process such payments on our behas, Stopping Payments

A payment will be considered submitted after the Cutoff Time for that Processing Date ("Submitted"). We will notify you of Scheduled Payments and Submitted Payments as each occurs via email as requested by checking the box to receive emails when submitting the payment. You may cancel a Scheduled Payment at any time before the Cutoff Time on the scheduled Processing Date by accessing the "Account Summary" page.

Funding Account and Payment Vehicles

We are responsible for the timely and accurate processing of payments on your behalf following your instructions. Your instructions are deemed to consist of explicit authorizations of individual payments that you enter or edit on the Web site. You are responsible for the accuracy of your instructions. We will not be liable for payments we make or fail to make as a result of erroneous instructions you provide.

You may have more than one Funding Account on the BCU Payment Portal Web site. If you do not designate a default Funding Account, one you wish payments to be drawn from first, BCU reserves the right to designate a default Funding Account for you. Once established, Funding Accounts may be deleted from the BCU Payment Portal Web site. All Funding Accounts must be associated solely with a financial institution based within the United States of America or its territories.

It is your responsibility to have sufficient available funds in your Funding Account for payments you schedule and you agree to ensure this occurs. We will not be obligated to process any payment of any item unless and until there are sufficient available funds in your Funding Account (including any overdraft line of credit account or any other credit account supporting your Funding Account) to cover the payment on the Processing Date. Notwithstanding any instructions from you, we are under no obligation to process any payment on your behas in your Funding Account, as determined by your financial institution; 2) is not in accordance with the provisions of these Terms and Conditions; 3) we have reason to believe may not be authorized by you; or 4) would violate any law or regulation applicable to our Service or your financial institution. You acknowledge that the Service is only for the payment of certain debts from your designated Funding Account(s).

We utilize the Automated Clearing House ("ACH") vehicle to make payments on your behalf from your checking or savings Funding Account(s). When we use the ACH vehicle, we electronically draw the amount of the payment from the Funding Account on the Processing Date or the business day after the Processing Date using the ACH. The payment will be credited to your account as of the Processing Date.

Dishonor of a Payment

We have no obligation to extend credit to you. Accordingly, if for any reason, such as insufficient funds, incorrect Funding Account information, Funding Account closure or suspension or similar circumstances, your financial institution does not honor our withdrawal instructions in connection with a payment initiated by you, you agree that we can do any, or more than one of, the following, as applicable: We may repeat the payment process one or more times, until your bank funds our transfer request. However, we have no obligation to try debiting the Funding Account more than once.

We may cancel the payment made on your BCU Account on your behalf and charge your Funding Account to obtain reimbursement for any fees we incur for your stopping payment to BCU.

We may deactivate your usage of the Service at any time without prior notice.

We may use all legal remedies available to us to collect the amount due us in connection with the payment you scheduled through the BCU Payment Portal.

We will not be liable for late or cancelled payments or fores, late payment fees or similar expenses you may incur as a result of your financial institution's failure to honor our instructions to make payments from your Funding Account(s), regardless of the reason for your bank's refusal.

Your Obligation

You remain responsible for monitoring your Service with us and your Funding Account. You agree to review and verify payments made through the Service as often as may be necessary or appropriate to ensure that all such payments are made in accordance with your instructions. You must review those payments as they are reflected in your BCU account statements and on the statements of your Funding Accounts and tell us immediately if you believe that we have made an error.

In Case of Errors or Questions about a Payments

ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH OUR SERVICE MUST BE DIRECTED TO BCU, AND NOT TO THE BANK(S) OR FINANCIAL INSTITUTION(S) WHERE YOU HAVE YOUR FUNDING ACCOUNT(S). We are responsible for the bill payment services described in these Terms and Conditions and for resolving any errors in payments we process under the Service.

We may not send you a periodic statement listing payments that you make using our Service. The payments will appear on the statement(s) issued by your Funding Account's bank or financial institution. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR FINANCIAL INSTITUTION. If you have a question about one of these payments or if you think an entry on your Funding Account statement is wrong or if you need more information about a payment initiated through our Service, you must either contact us using the "Contact Us Form" on the BCU Payment Portal Web site as soon as you can. We must hear from you no later than 60 days after your bank or financial institution sent you the FIRST statement on which the problem or error appeared.

ion with you, or your financial institution within a commercially reasonable period of time, which may take up to 45 days, but we reserve the right to provisionally credit your BCU Account for the amount in question while we continue our investigation. If we request that you put your complaint or question in writing and we do not receive written notice within ten (10) Business Days, we will consider the matter closed.

We will provide you a written explanation of our findings upon completion of our investigation. You may ask for copies of any documents we used in our investigation. If we provisionally credit your BCU Account, we may take back the amount of any credit if we find that an error did not occur.

Authorization to Provide Information

You authorize us to provide information on you and your Service to our affiliates, including any company whose name or mark may appear on any debit or credit cards issued by us. Our privacy policy, which includes details about our information sharing practices and your right to opt out of certain information sharing is provided to you with a link on this BCU Payment Portal Web site.

No Liability

We rely on the information provided by you is accurate and if we do not complete a payment on time or in the correct amount according to instructions provided by you through the BCU Payment Portal, we will be liable for your losses or damages limited to that payment amount in question. There are, however, some exceptions. We will not be liable, for example, (1) if through no fault of ours you do not have enough money in your Funding Account to cover the payment, or if your financial institution for any other reason refuses to make the payment; (2) if your computer or our equipment was not working properly and you knew about the breakdown when you started the payment; (3) a Force Majeure Event; (4) you failed to provide the complete and correct icount and/or payment information; or (5) if you are in breach of any of these Terms and Conditions.

Force Majeure

Except to the extent otherwise required under the Electronic Fund Transfer Act, our delay in or failure to perform any of the Services under these Terms and Conditions shall be excused if such delay or failure is caused reasons beyond our immediate control, including, without limitation, strike, fire, flood, earthquake, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control (collectively, a “Force Majeure Event”). In such instances, we agree to resume performance of the Services as soon as commercially feasible to do.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY OTHERWISE STATED IN THESE TERMS AND CONDITIONS, BCU SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND 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. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE BCU PAYMENT PORTAL.

Blockage of Service

We reserve the right to deactivate your BCU Payment Portal and terminate your access to the Service at any time with or without cause.

If we decide to terminate your Service for security reasons or if in our reasonable judgement we terminate your Service to prevent the occurrence of fraud, no further payments will be made as of the date we terminate your Service. Any other termination by us will be subject to the terms of our notice to you.

Payment Offers

BCU may offer through the BCU Payment Portal Web site offers BCU Account. You warrant that all information provided by you in connection with the use of this Service is accurate and correct. Failure to make accurate and correct disclosures may result in termination of participation in any payment offer entered into and/or termination of usage of all or a portion of the BCU Payment Portal Web site.

Disputes, Assignment, No Waiver, Governing Laws

These Terms and Conditions (incorporating by reference the terms of any other current agreements associated with this debt and all subsequent amendments), are the complete and exclusive statement of the agreement between you and us. It supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If there is a conflict between what one of our employees says and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall prevail. You may not assign these Terms and Conditions to any other party. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. These Terms and Conditions shall be governed by, and construed in accordance with applicable federal law and with the laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the courts of the State of Illinois. In addition, any dispute arising from or related to your BCU Account or use of the Services provided to you BCU shall be governed by federal laws and regulations, including without limitation, Federal Reserve Bank rules and Operating Circulars, local clearinghouse rules, Automated Clearing House rules, and general commercial bank practices applicable toto the Services provided by BCU.