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Terms
"You" means the person listed on our records as an owner of the account who has enrolled in our Bill Payment Service. "Us" or "we" refers to Lake City Bank, as does "Bank." "Bill Payment Service" is the payment service provided by your Bank. "Service" is the Bill Payment Service. "Payment Instruction" means the information provided by you to the Service for a bill payment to be made to a Payee (such as, but not limited to, Payee name, Payee account number, and payment date). "Payee" is the person or entity to whom you wish a payment to be directed. "Business day" is any day Monday through Friday (that is not a legal holiday) during which we are open to provide the Service."Scheduled Payment Date" means the Business Day of your choice upon which your bill payment will be made and your checking account will be debited (a Scheduled Payment Date of a non-Business Day will be considered to be the previous Business Day). "Cutoff Time" means 7:00 p.m. EST (Eastern 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.
Bill Payment Service
By providing the Bill Payment Service (hereafter referred to as the Service) with the names and account information of those payees to whom you wish to direct payment, you authorize the Service to follow the payment instructions that it receives through the payment system. When the Service receives a payment instruction, you authorize it to charge your payment account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as is reasonably possible.
While it is anticipated that most transactions will be completed on the day after your selected processing date, it is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer.
For this reason, it is recommended that all payments or transfers be scheduled to transact at least seven (7) business days before the actual due date, not the late date and/or a date within the grace period. Payment Instructions entered after the cutoff time or on non-Business Days will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and the Service fails to send a payment on the instructed date, the Service will bear responsibility for all late charges, fees, or penalties up to a maximum of $50. In any other event, including, but not limited to, choosing a payment date past the stated due date of your invoice, the risk of incurring and the responsibility for payment of any and all late charges or penalties shall be borne by you.
A bill payment is "In Process" starting at the Cutoff Time on the sixth (6th) Business Day prior to the Scheduled Payment Date and continuing up to the Scheduled Payment Date. A bill payment is a "Pending Payment" starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "Completed" on the Business Day you selected as the Scheduled Payment Date. You may cancel or edit any Pending Payment (including recurring payments) up until the time it is "In Process." There is no charge for canceling or editing a Pending Payment. We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is "In Process," and it is not possible to stop or cancel a payment which is Completed. If you desire to cancel or stop any payment, you must do so before the payment is "In Process." Stop payment requests sent to us via e-mail or in any other manner will not reach us in time for us to act on such requests. Stop payment requests will only be accepted if we have a reasonable opportunity to act on such requests. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. The charge for each stop payment order will be the then current charge for such service as set out in the applicable fee schedule.
Liability
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your checking account does not contain sufficient funds to complete the payment of transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Bill Payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. The payee mishandles, delays, or loses a payment sent by the Service;
4. You have not provided the Service with the correct names or accurate information for those persons or entities to which you wish to direct payments;
5. Circumstances beyond the Service's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transactions and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing five (5) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction account to be directed to a person or entity which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your checking account and for directing to the proper recipient any previously misdirected payments or transfers.
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.
Note: Payment of taxes, court-directed payments, and payments to Payees outside the United States are prohibited through the Service.
Exclusions of Warranties
THE SERVICE AND 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.
Password and Security
You agree not to give or make available your Bill Payment password or other means to access your account to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your bill payment password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your bill payment password or other means to access your account have 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 the Service at once by calling us at 888-522-2265 during normal business hours.
Your Liability for Unauthorized Transfers
If you tell us within two (2) business days after you discover your bill payment password or other means to access your account has been lost or stolen, you can lose no more than $50.00 if someone uses your bill payment password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your bill payment password, and we can prove that we could have stopped someone from using your bill payment password or other means to access your account without your permission if you had told us, you could lose as much as $500. If your monthly statement contains payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization, if we can prove that we could have stopped someone from taking the money or you had told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Stop Payment
You have the right to stop payment of any transfer by calling us at 888-522-2265 or writing us at Lake City Bank, One Call Center, P. O. Box 1387, Warsaw, IN 46581-1387 in time for us to receive your request on the day before the transfer is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after your call. We will charge you $27 for each stop payment order which is not received by us at least one (1) business day before the transfer is scheduled to be made. If you order us to stop a regularly scheduled transfer three (3) days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Errors and Questions
In case of errors or questions about your electronic transfers or payments, you should
1. Telephone us at 888-522-2265, press 2, during normal customer service hours;
2. Write to us at:
Lake City Bank
One Call Center
P. O. Box 1387
Warsaw, IN 46581-1387
as soon as you can if you think that your statement is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.
You must:
1. Give us your name and account number;
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and;
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint in writing within ten (10) Business Days. We will tell you the results of our investigation 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 the complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaints or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.
If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of the documents we used in our investigation. The Service may revoke any provisional credit provided to you if we find that an error did not occur.
Disclosure of Account Information to Third Parties
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 transfers you make ONLY in the following situations:
1. Where it is necessary for completing transactions, or
2. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee, or
3. To a consumer reporting agency for research purposes only, or
4. In order to comply with a governmental agency or court orders, or
5. If you give us written permission.
In the Event Your Financial Institution Returns a Service Transaction
In using the Service, you are requesting the Bank to make payment for you from your checking account. If we are unable to complete the transaction (for example, there are non-sufficient funds in your account to cover the transaction), the transaction may not be completed. In some instances, however, you will receive a return notice from your financial institution.
In such case, you agree that:
1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% of the monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and
5. The Service is authorized to report the facts concerning the return to a credit reporting agency.
Business Days
For purposes of this Service, our business days are Monday through Friday. Holidays are not included. Our One Call Center phone number is 888-522-2265, press 2, and is available 7:30 a.m. to 6:00 p.m. Monday through Friday, 8:00 a.m. to 1:00 p.m. Saturday; holidays not included.
Alterations and Amendments
The terms of this agreement, applicable fees, and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service sends you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the programs, services, and/or related material and may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this agreement as to all such prior versions of the Bill Payment programs, services, and/or related material and limit access to the Service's more recent revisions and updates.
Address or Banking Changes
You agree to promptly notify in writing the One Call Center of any address change. Additionally, at least ten (10) business days in advance of any change in your banking account, or your banking status, you agree to notify the Bank in writing.
Termination or Discontinuation
In the event you wish to discontinue the Service, you must contact the Direct Banking Center in writing. Written notice of service discontinuation must be supplied seven (7) Business Days prior to the actual discontinuance date and must be sent to:
Lake City Bank
One Call Center
P. O. Box 1387
Warsaw, IN 46581-1387
The Service may terminate service to any individual at any time. Your Service will be terminated after six (6) months of inactivity. Neither termination nor discontinuation shall affect your liability or obligation under this agreement.
Merchant or Payee Limitation
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make prohibited payments under this agreement.
Information Authorization
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment posting problems.
Disputes
In the event of a dispute regarding the Service, you and the Service 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 Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this agreement. If there is a conflict between what one of the Service's employees says and the terms of this agreement, the terms of this agreement shall control.
Assignment
You may not assign this agreement to any other party. The Service may assign this agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.
No Waiver
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any right 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 of this agreement.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of laws provisions.
About Bill Payment Service
Frequently Asked Questions
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