Business Bill Pay Addendum (including e-Bill)
(v. 03-31-16)
This Business Bill Pay Addendum (the "Addendum"), in conjunction with the Business Online Banking Services Agreement, Electronic Consent, and related Instructions, if any, contains the terms and conditions governing your use of the Business Bill Pay Services (collectively, including e-Bills, the "Services" or individually "Bill Pay" or "e-Bills," as appropriate) and the related disclosures required by federal law. Please read this Addendum in conjunction with the Services Agreement carefully and keep a copy for your records. By enrolling in the Services, you acknowledge and agree that you have received a copy of this Addendum, read it in conjunction with the Agreement, and agree to its terms and conditions.
1. General Description of Bill Pay Services (including e-Bill).
Using Bill Pay, you may make one-time or recurring payments online to certain Payees. Using e-Bills feature, you can arrange with us to receive certain bills electronically from participating Payees and pay these bills using Bill Pay.
2. Definitions
Terms used in this Addendum shall have the meanings assigned to them in the Business Bill Pay Online Glossary or as generally used in the Business Bill Pay Online Help ("How Do I") or in the FAQs. Certain capitalized terms shall have the meanings assigned to them in the Agreement, unless otherwise defined in this Addendum. The definitions and meanings in the Business Bill Pay Online Glossary, Help and FAQs shall control over any conflicting provisions of the Agreement or this Addendum and the definitions and meanings in this Addendum shall control over any conflicting provisions of the Agreement or any Related Agreement.
a. "Business Bill Pay Instructions" refers to the Services web-pages, including the "Help" pages, including the "How Do I," "Glossary," and "FAQ" features.
b. "Cutoff Time" for Bill Pay refers to 3:00 p.m. Central Standard Time on any Business Day and is the time by which you must make or authorize a payment for it to be considered entered on that particular Business Day.
c. "EFT" refers to an Electronic Funds Transfer payment made via the Automated Clearing House (ACH) and governed by the Operating Rules issued by the NACHA - The Electronic Payment Association and Article 4A of the Uniform Commercial Code, as enacted in various jurisdictions. An EFT from a consumer Funding Account (but not a business Funding Account) is also subject to the Electronic Funds Transfer Act and Regulation E issued by the Federal Reserve Board.
d. "Due By" date refers to the earliest date upon which you can schedule the delivery of an Bill Payment to your Payee. A Due By date must fall on a Business Day. If you schedule a recurring Bill Payment and the specified "Due By" date for a particular month falls on a non-Business Day, we will process the Bill Payment for delivery on the Business Day immediately preceding the Due By date.
3. Business Bill Pay Services.
a. Payments - Generally. You can arrange, at your option, for one time (manual) or recurring (automatic) payments from eligible checking and money market accounts (referred to herein as a "Funding Account"). A Funding Account must also be an "Eligible Account" under the Business Online Banking Services. We send standard or regular payments to your Payees (a "Bill Payment") either by EFT (a "Bill Payment EFT") or by paper checks (a "Bill Payment Check"). Bill Payment Checks are sent to those Payees unable to receive EFTs.
b. Payment Limits. You can make individual payments to a limit of $10,000 subject to an aggregate daily payment limit of $20,000.
c. Expedited Payments. If a standard or regular payment will not be delivered quickly enough, Bill Pay offers an expedited payment feature that may provide a faster means of payment. Expedited Payments are only available for certain Payees and are sent via either an ACH payment or overnight check. Expedited Payments is offered for an additional fee or charge as set forth in the Business Online Services Schedule of Fees.
d. Sufficient Available Funds. By enrolling and thereafter using our Bill Pay Services, you have requested that we allow you to schedule and that we initiate an Bill Payment without first verifying that you have sufficient available funds on deposit in the Funding Account and debiting those funds from your account prior to delivering the Bill Payment to your Payee. Accordingly, you must ensure that your Funding Account has sufficient available funds to cover all Bill Payments presented for payment against your Funding Account.
"Sufficient available funds" includes the amount of additional funds available to you under any overdraft protection plan in which you have enrolled. Each presentment (including any re-presentment) of an Bill Payment against insufficient funds in your Funding Account will result in either an overdraft or NSF fee. While an Bill Payment remains unpaid, your Bill Pay Services may be blocked or otherwise disabled.
e. Posting of Payments To (Debiting From) Your Funding Account. The exact date on which an Bill Payment will post to your Funding Account will vary according to the type of payment - a Bill Payment Check or a Bill Payment EFT. Bill Payment Checks drawn as an Bill Payment on your Funding Account are not posted to (i.e. debited from) your Funding Account until we receive the Bill Payment Check and process it as we would any other paper check drawn on the Funding Account. A Bill Payment EFT will generally post via an ACH debit to your Funding Account on the Due By date.
f. Insufficient Available Funds – In General. If you do not have sufficient available funds to cover an Bill Payment Check or EFT presented for payment against your Funding Account, we may, in our discretion and without prior notice to you, (i) honor the Bill Payment Check or EFT and charge the Funding Account an overdraft charge or (ii) dishonor the Bill Payment and charge the Funding Account a NSF fee. Furthermore, by enrolling and thereafter using our Bill Pay Services you agree that despite any overdraft opt-out that you elected and which otherwise would be in effect, we can pay a Bill Payment Check or Bill Payment EFT presented for payment against your Funding Account, but, we are not obligated to do so, and thereby create an overdraft in your Funding Account and charge you an overdraft fee.
g. Insufficient Funds – Bill Payment EFTs. When our third-party Bill Pay Services Provider (the “Bill Pay Service Provider”) initiates an Bill Payment via EFT on your behalf, the Bill Pay Service Provider essentially advances funds on your behalf. For your convenience, your Payee receives payment from the Bill Pay Services Provider via ACH credit on same date as the Bill Payment EFT is presented for payment against your Funding Account via an ACH debit. If you do not have sufficient available funds available in the Funding Account and if we dishonor the ACH debit, in essence, the Bill Pay Service Provider has made a payment on your behalf and you owe the amount of such payment to this provider.
i. If the Bill Pay Service Provider cannot collect this obligation from you via ACH debits, we may make this payment to the Bill Pay Service Provider on your behalf and you will owe us the amount of the Bill Payment. We may take any actions to collect this obligation to the fullest extent permitted by law, including, but not limited to, exercising our right of set-off, without making a prior demand or giving you notice. Our right of set-off is more fully discussed in the Deposit Agreement, which is expressly incorporated by reference into the Online Banking Agreement, and, in turn, into this Addendum. In the manner and to the extent permitted by law, we may also attempt to contact you by letter, telephone or email. You understand that your failure to pay this obligation may also result in reporting the circumstances and Bill Payment obligation to one or more credit reporting agencies.
ii. Furthermore, until the Bill Payment EFT obligation is paid, we may suspend your Bill Pay Services and no Bill Payments, including recurring or otherwise previously scheduled, will be made. After such obligation is paid and if your Bill Pay Services are not terminated, your Bill Pay Services will be restored within 48 hours. Please note that the following reactivation will not be retroactive; that is, you must reschedule any Bill Payments which were scheduled during the period in which your Bill Pay Services were disabled and which were blocked or otherwise not completed.
h. Permissible Payments and Payees. You may generally make payments to anyone in the United States approved by us for payment through Business Bill Pay.
i. However, certain payments are discouraged and must be made solely at your own risk. Discouraged payments include: (i) tax payments to the Internal Revenue Service or any state or other governmental agency; (ii) court-ordered payments such as alimony or child support; and (iii) payments to insurance companies.
ii. There is a limit of 999 Payees. We reserve the right to refuse to pay any merchant or other person to whom you may direct a payment. We are obligated to notify you promptly if we decide to refuse to pay a Payee. This notification is not required if you attempt one or more of the prohibited payments set forth above.
i. Cancel or Edit a Payment Instruction. A payment scheduled will remain in “Scheduled” status until the Cut-Off Time of the “Due By” date. While the status of a payment within your Payment Outbox is “Scheduled” and not “In Process,” you may use the Bill Pay Services to cancel or edit the scheduled payment. Please refer and follow the Bill Pay Instructions to do so. You are not charged a fee to cancel or edit a scheduled payment online. You may not edit or cancel a payment online when the status is either “In Process” or “Completed.”
j. Stop Payment. You cannot use Business Bill Pay’s online edit or cancel feature if the payment was made by paper check. Rather, you may request that we place a stop payment on that check by contacting the Business Online Banking Customer Service by telephone at:
| Telephone Us | 1-800-448-8812 |
|---|---|
Write us: |
Hancock Whitney Bank Attn: Business Service Center Post Office Box 4019 Gulfport, MS 39502 |
Email us: |
k. Do not call or visit your local branch for such requests. Stop payment requests sent to us via electronic mail or in any other manner will likely not reach us in time for us to act on your request. We may also require you to present your request in writing within fourteen (14) days after you call. There may be a fee assessed for each stop payment request. We cannot guarantee a stop payment and will have no liability for failing to do so. Such checks may be presented for payment before we have a reasonable opportunity to give effect to your stop payment request. We cannot guarantee a stop payment and will have no liability for failing to do so. Such checks may be presented for payment before we have a reasonable opportunity to give effect to your stop payment request.
l. Liability For Bill Pay Errors. As used herein “Bill Pay Errors” refer to our errors in processing payment requests or payment cancellation or edit requests that you properly issue according to the Business Bill Pay Instructions. The provisions in this section apply to Bill Pay Errors involving a Payment from a business Funding Account. For provisions regarding Bill Pay Errors involving a Payment from a consumer Funding Account, please refer to that section titled Electronic Funds Transfer Provisions within the Business Online Banking Services Agreement.
ii. Payment Cancellation Error. If we fail to stop a payment according to your cancellation instructions or if we make a payment in an amount in excess of that you requested, our liability is limited to a refund of the amount erroneously paid, plus interest thereon for the period beginning with the date on which the funds associated with such payment are withdrawn from your account to the date of such refund. However, in no event will this interest period exceed 60 days.
The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall we be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising out of or related to your use of the Bill Pay Services.
m. Authorization. By enrolling in the Service, you authorize us to accept your payment instructions to initiate debits to your Funding Account and remit funds on your behalf to your Payees. In the event that erroneous payments are made, you authorize us to initiate debit or credit entries to your Funding Account to correct such erroneous payments, provided that any such corrections are made in accordance with applicable laws, rules, or regulations.
n. Fees and Other Charges.
i. Fees. Please refer to the Business Online Services Fee Schedule for fees and charges associated with this Service.
ii. Other Account or Item Related Fees or Charges. As noted in the Business Online Banking Agreement, while the Services Agreement (as defined therein) governs your use of the Business Online Banking Services, generally, and along with this Addendum, the Business Bill Pay Services, in particular, the Related Agreements, continue to apply to your Eligible Accounts and thereby to your Funding Accounts. Thus, fees and charges applicable to your Funding Accounts may also apply to transactions using Business Bill Pay such as an Overdraft/Nonsufficient Funds Charge or Courtesy Coverage Charge if you schedule a payment against insufficient funds in a Funding Account. Please refer to the Deposit Account Information (Truth in Savings) or the Business Account Service Fee Information Disclosure, as applicable, and Deposit Agreement for account restrictions, fees and other pertinent information regarding a Funding Account, in addition to any other applicable Related Agreements.
4. Business e-Bills.
This feature of Business Bill Pay enables to you to receive bills electronically from participating Payees and pay them using Business Bill Pay. We will provide e-Bills either that we receive from participating Payees and redirect to you or those we retrieve from a Payee’s website and present to you electronically as part of your Business Bill Pay Services.
a. In certain instances, our Business Bill Pay service provider may have an existing business relationship with one or more of your Payees whereby they agree to provide us with electronic copies of your bills. If so, we will arrange to receive an electronic copy and redirect it to your e-Bill inbox. In other instances, we may be able to obtain the e-Bill from the Payee’s web site on your behalf and direct it to your e-Bill inbox. To do so, you must provide us with the information needed for this purpose such as any required user identification and password. When you provide us this information, you authorize and appoint us as your agent to access the Payee’s web site to retrieve the account information on your behalf.
b. We are not responsible if a Payee does not provide us with the necessary date to forward an e-Bill to you in a timely manner. If you do not receive an e-Bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other consequences for any non-payment or late payment if an e-Bill is not provided to you timely.
5. Limitations Of Liability.
The foregoing notwithstanding, we will not be liable for any monies (late fees, finance charges, interest or a refund) if the payment is deemed authorized or if certain exceptions apply.
a. Authorized Payments. We are not liable for your authorized payment. When you give someone your User ID, Password and Security Access Card (or appoint someone as your Administrator or as a Sub-User), you are authorizing that person to use your Business Online Banking Services with each and every Eligible or Linked Account and you are responsible for all transactions that the person performs using these Services. Similarly, if your Administrator or Sub-User gives someone his or her User ID, Password, and Security Access Card or access to such Security Procedures, the Administrator or Sub-User is authorizing all transactions that such a person performs using these Services. All resulting transactions, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us, and after we have a reasonable time to act upon such notice, are considered unauthorized. Transactions from which you benefit are also authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
b. Exceptions. Also, we will not be liable to you if:
i. you did not properly issue or schedule or cancel the payment according to the applicable Business Online Banking Instructions;
ii. if, through no fault of ours, you do not have enough available funds in your Funding Account to cover the payment or if your Funding Account has been closed;
iii. if the payment, given your Funding Account, balance would cause an overdraft in the Funding Account that would exceed an applicable overdraftprotection or line of credit limit;
iv. if your computer equipment and/or software or the Bill Pay Services were not working properly or the Electronic Funds Transfer network is not available or malfunctions and you knew about the malfunction when you started the payment;
v. if any third party, through whom any payment is to be made, fails to properly transmit the payment to the Payee;
vi. if circumstances beyond our control (such as computer failure, telecommunications outages, fire, flood, loss of electrical power or other natural disasters) prevent making or completing a payment, despite reasonable precautions we have taken;
vii. if the funds in a Funding Account from which you attempt to make a payment are restricted by legal process or other encumbrances;
viii. if you attempt to make a payment exceeding the per day dollar limitations established in this Addendum or the Business Bill Pay Instructions;
ix. if we have reason to believe that you or someone else acting with you is using the Bill Pay Services for illegal or fraudulent purposes;
x. if we have security reasons to limit or otherwise refuse the payment;
xi. if either you or we have terminated your Business Online Banking or Bill Pay Services; and
xii. based upon any applicable exceptions stated in our Business Online Banking Services Agreement or any Related Agreement.
Service Providers.
We may use non-affiliated third-parties acting on our behalf to provide the Bill Pay Services (an “Bill Pay Service Provider”). An Bill Pay Service Provider is required to adhere to our strict standards of security and privacy protection. Paper checks processed by non-affiliated third parties may show that they were drawn on the third-party processor rather than on us.
Additional Termination Provisions.
You agree that you will only use Bill Pay to pay bills and invoices, and not for any other purpose. Using Bill Pay for other, unauthorized purposes may result in termination of your access to the Bill Pay Services, in our sole discretion. You must have at least one designated Funding Account to use Bill Pay and if such an account is closed without opening and designating another as a Funding Account, we may terminate Bill Pay without further notice. If we terminate your Bill Pay Services, your online bill payment information may be lost and all pending scheduled or un-scheduled payments will be cancelled, and making other suitable arrangements for such payments to your Payees is your sole responsibility. If you decide to terminate Bill Pay, we strongly suggest that you cancel all scheduled payments at the same time that you cancel Bill Pay, either by deleting those payments yourself using Bill Pay or by calling Business Online Banking Customer service as follows:
| Telephone Us | 1-800-844-4450 |
|---|---|
Write us: |
Hancock Whitney Bank Attn: Business Service Center Post Office Box 4019 Gulfport, MS 39502 |
Email us: |