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These Bill Payment Terms and Conditions ("Terms and Conditions") govern your use of the BankUnited, N.A. Bill Payment Services (the "Bill Payment Services"). Use of the Bill Payment Services is expressly conditioned on your acceptance of these Terms and Conditions. These Terms and Conditions supplement the Online Banking Terms and Conditions which you agreed to at your initial logon to the BankUnited, N.A. Online Banking Services Website. In the event of any conflict between the terms of the Online Banking Terms and Conditions and these Terms and Conditions, these Terms and Conditions shall control. By clicking on the I HAVE READ AND AGREE TO THE TERMS & CONDITIONS checkbox by which you elect to enroll in the Bill Payment Services, you acknowledge that you have read, understand and agree to these Terms and Conditions. If you do not agree, you may not use the Bill Payment Services.
"account" shall mean any checking, savings or other deposit account you maintain with us that is accessible through the Bill Payment Services. We reserve the right to determine the eligibility or ineligibility of any account for any Bill Payment Services functionality, at any time and from time to time, in our sole and absolute discretion.
"Authorized Person" shall mean each person listed as an authorized signor on the signature card for a Bill Payment Account or otherwise authorized to transact any business with respect to such account.
"BankUnited, N.A.", "we", "us", or "our" shall mean BankUnited, N.A. and its respective successors and assigns.
"Bill Payment" shall mean the remittance of funds, initiated through the Bill Payment Services, from a designated Bill Payment Account to a Payee.
"Bill Payment Account" shall mean your eligible BankUnited, N.A. checking or other deposit account that was established primarily for business or commercial purposes from which Bill Payments will be debited. We reserve the right to determine the eligibility or ineligibility of any account as a Bill Payment Account, at any time and from time to time, in our sole and absolute discretion.
"Billing Account" shall mean the checking account designated by you from which any applicable fees and charges will be automatically debited.
"Business Day" shall mean every Monday through Friday, excluding Federal Reserve holidays.
"Computer" shall mean a personal computer used to access the Online Banking Services or Bill Payment Services and all related software, equipment and documentation.
"Payee" shall mean the merchant or other person or entity to whom you designate a Bill Payment to be directed.
"Payment Instructions" shall mean the information that you provide to us about a Payee that is used to direct a Bill Payment to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
Online Banking Services shall mean any or all of BankUnited, N.A.'s online banking services that allow you to access your account and transaction information, transfer funds and pay bills through the BankUnited, N.A. website using a Computer.
"Scheduled Payment Date" is the Business Day you would like your Bill Payment delivered to your intended Payee, unless the Scheduled Payment Date falls on a non-Business Day in which case the Scheduled Payment Date will be considered to be the previous Business Day. It may also be the Business Day funds will be debited from your Bill Payment Account for a scheduled Bill Payment.
"Scheduled Payment" is a Bill Payment that has been scheduled through the Bill Payment Services but has not been processed.
By using the Bill Payment Services you authorize us to process the transactions permitted under these Terms and Conditions as requested by you from time to time, and to post transactions to your Bill Payment Account as directed. You further authorize us to debit your Billing Account for any and all fees that may be incurred in connection with your use of the Bill Payment Services. All payments and fees incurred through the use of the Bill Payment Services will appear on the statement for your respective account(s).
To activate the Bill Payment Services you must have an eligible account with us and designate such account as your Bill Payment Account. You must also have access to a Computer.
Subject to the terms hereof, you may use the Bill Payment Services twenty four (24) hours a day seven (7) days a week, except for scheduled or unscheduled interruptions in the Bill Payment Services or Online Banking Services for maintenance, security or any other reason. Notwithstanding, the foregoing, you understand and agree that Bill Payments can only be processed on Business Days.
You agree to be bound by and comply with such other written requirements as we may furnish from time to time to you in connection with your accounts that may be accessed via the Bill Payment Services, including, without limitation, our Depositor's Agreement Terms and Conditions and Schedule of Fees. In the event of a conflict between these Terms and Conditions and these agreements, these Terms and Conditions shall control. Additionally, if there is a conflict between these Terms and Conditions and any statement made by any of our employees these Terms and Conditions shall control.
As a Bill Payment Services subscriber, you can arrange, at your option, for the payment of your current, future and recurring bills from your Bill Payment Account. You may make Bill Payments to any business, merchant or professional with a valid United States address that provides services to you or on your behalf, subject to our, and the Payee's approval; provided, however, you agree not to use the Bill Payment Services to make any payments to loan sharks, for internet or online gambling or for any other payments prohibited by law. We reserve the right to refuse payment to any Payee to which you may direct a payment. We will notify you if we decide to refuse to pay a Payee designated by you. This notification is not required however, if you attempt to make a payment prohibited by these Terms and Conditions.
You acknowledge and agree that we do not have any duty to monitor the payments that are made through the Bill Payment Services. You further understand and agree that you assume the entire risk of loss if an Authorized Person uses your Bill Payment Account to pay bills which are not yours and you agree to indemnify and hold us and our directors, employees, officers, servicers, agents, successors and assigns from all loss, liability, claims, demands, judgments and expenses (including attorney's fees) arising out of or in any way connected with such use.
The maximum aggregate dollar amount of all payments allowed through the Bill Payment Services on any Business Day is $999,999.99.
To use the Bill Payment Services you must provide sufficient information for us to properly identify your Payees, direct your payment and permit the Payee to identify you as the payment source upon receipt of a payment. You must complete all required fields with accurate information, as directed by the Bill Payment Services screen messages. By providing us with the names and account information of those Payees to whom you wish us to direct payment, you authorize us to follow the Payment Instructions we receive through the Bill Payment Services. You further authorize us to update or change any of your Payee information as requested or provided by your Payee. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with instructions we receive from your designated Payees.
When we receive a Payment Instruction, you authorize us to debit your Bill Payment Account and remit funds on your behalf to your designated Payee. You agree to have sufficient collected and available funds in your Bill Payment Account on the Scheduled Payment Date for transactions you schedule. We will not be obligated to follow any Payment Instructions unless and until there are sufficient collected and available funds in your Bill Payment Account. We will perform the Bill Payment Services in such a manner as to allow the funds to arrive at the designated Payee as close as reasonably possible to the Scheduled Payment Date designated by you.
We shall use reasonable efforts to make all your payments properly, however, we shall incur no liability, and any Service Guarantee shall be void, if we are unable to complete any payments initiated by you because of the existence of any one or more of the circumstances set forth in the Service Guarantee section of these Terms and Conditions.
Provided none of the foregoing exceptions is applicable, if we cause an incorrect amount of funds to be removed from your Bill Payment Account or cause funds from your Bill Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, we shall reimburse you for any late payment related charges you have incurred.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN, WE SHALL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED, OR ANY OTHER ACTION, BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING ANY APPLICABLE FINANCE CHARGES AND/OR LATE FEES ASSESSED BY ANY OF YOUR PAYEES.
It is your responsibility to schedule your payments in such a manner that your payments are received by the Payee on time and that the Payee will receive your payment no later than the Due Date on the statement provided to you by the Payee.
The Bill Payment Services screens will default to the earliest possible Scheduled Payment Date for each Payee (generally four (4) or fewer Business Days from the date you are scheduling the payment.) You acknowledge and understand that the Bill Payment Services will not permit you to select a Scheduled Payment Date sooner than the earliest possible Scheduled Payment Date designated for each Payee.
When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement. 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 period provided on the statement provided to you by the Payee. Payments cannot be scheduled more than 365 days in advance.
You understand that we reserve the right to select the method by which to remit funds to your Payees. We may remit payments on your behalf to your Payees by paper check, electronic funds transfer or by other means. The date your Bill Payment Account will be debited will vary depending on the payment method.
Due to circumstances beyond our control, including, without limitation, delays in handling and posting payments by Payees or financial institutions, you understand that some transactions may take longer than expected to be credited to your Payee account. You understand that we will bear responsibility for any late payment related charges which have not been waived by the Payee, up to a maximum of $50.00, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under the Payment Scheduling section of these Terms and Conditions. However, we will not be liable in any way for any failure or delay in completing any transaction if:
Payments to Billers outside of the United States or its territories are prohibited through the Service.
You may use the Bill Payment Services to cancel or edit a Scheduled Payment. There is no charge for canceling or editing a Scheduled Payment prior to such payment being processed by us. You acknowledge and agree that once we have begun to process a Bill Payment it cannot be cancelled or edited. In such event, you must submit a stop payment request to us.
You acknowledge and understand that our ability to process a stop payment request will depend on the payment method and whether or not a payment has cleared your Bill Payment Account. You understand that we may 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, but not yet cleared, you must contact Customer Service at (877) 779-BANK (2265). You further understand that although we will make every effort to accommodate your request, we will have no liability for failing to do so. We 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 our applicable fee schedule.
Payments to Payees outside of the United States or its territories are prohibited. Additionally, any single or aggregate payments in a single day greater than $999,999.99 or payments otherwise prohibited by law cannot be scheduled.
Tax payments and court ordered payments may be scheduled through the Bill Payment Services, however such payments are discouraged and must be scheduled at your own risk. In no event shall we 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 through the Bill Payment Services. We have no obligation to research or resolve any claim resulting from your scheduling one of these types of payments. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.
Your activation of the electronic bill feature for a Payee shall be deemed by us to be your authorization for us to obtain bill data from the Payee on your behalf. For some Payees, you will be asked to provide us with your user name and password for that Payee. By providing us with such information, you authorize us to use the information to obtain your bill data.
Upon activation of the electronic bill feature, the Bill Payment Services may notify the Payee of your request to receive electronic billing information. You understand that it is in the Payee's sole discretion as to whether accept or decline your request. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current.
You understand that the Bill Payment Services are 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 Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Bill Payment Services may, at the request of the Payee, provide to the Payee your e-mail address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about service and/or bill information.
You understand that presentment of electronic bills is dependent upon delivery of your billing information from the Payee. In addition to notification within the Bill Payment Services, we 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 Bill Payment Services and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee.
You acknowledge that a Payee 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 Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee to process your request. The Bill Payment Services will notify your electronic Payee(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. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
You agree to hold us harmless should the Payee fail to deliver your electronic bill statement(s). You are responsible for ensuring timely payment of all bills. If you do not receive an electronic bill, it is your sole responsibility to contact the Payee directly. Copies of previously delivered bills must be requested from the Payee directly.
We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
You agree not to give or make available your password or other means to access your account to any unauthorized persons. You are responsible for all payments that are authorized using your password through the Bill Payment Services. If you permit other persons to use the Bill Payment Services or your password or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your password or other means to access your account has been lost or stolen, or that someone may attempt to use the Bill Payment Services without your consent, or has transferred money without your permission, or you suspect fraudulent activity on your accounts, you must notify us at once by calling Customer Service at (877) 779-BANK (2265). Calling us right away will help reduce possible losses. Without timely notification, you could lose all the money in your designated account.
Except as otherwise expressly stated herein, your use of the Bill Payment Services is at your own risk. Neither BankUnited, N.A. nor any or its officers, directors, employees, parents, subsidiaries, affiliates, agents or their respective successors or assigns or any other person involved in creating, producing or delivering the Bill Payment Services, including, without limitation, the servicer, shall be liable for any direct, indirect, consequential, incidental, punitive, or other damages (including, without limitation, lost profits) of any kind or description arising out of your access to or use of the Bill Payment Services, or the inability to access or use the Bill Payment Services, whether cause by BankUnited, N.A. or such other persons, third party service providers, agents or subcontractors of any of the foregoing.
We shall have no liability to you for any errors or losses you sustain in using the Bill Payment Services except as specifically set forth in these Terms and Conditions. We shall also not be liable for any failure to provide any service if the account involved is no longer linked to the Bill Payment Services. Notwithstanding the foregoing, our liability in any case shall be limited to the amount of any funds improperly transferred from your Bill Payment Account.
WITHOUT LIMITING FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BankUnited, N.A. MAKES NO WARRANTY THAT (i) THE BILL PAYMENT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON OR THAT MAY BE OBTAINED FROM THE USE OF OR ACCESS TO THE BILL PAYMENT SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
In case of errors or questions about your transactions, you should, as soon as possible:
BankUnited, N.A. P.O. Box 2050 Miami Lakes, FL 33016
We must hear from you no later than sixty (60) days after we sent or otherwise made available to you the FIRST statement on which the problem or error appeared. Failure to so notify shall relieve us of any liability for any losses sustained after the expiration of such sixty (60) day period and shall thereafter preclude you from being able to assert a claim based on such problem or error. We will investigate any errors reported to us and advise you of the results of our investigation.
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 tell you the results of our investigation within ten (10) Business Days (or twenty (20) Business Days if your account was opened less than thirty (30) days prior to the date of the suspected error) after we hear from you. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to forty-five (45) days (or ninety (90) days if you account was opened less than thirty (30) days prior to the date of the suspected error) to investigate your complaint or question. If we decide we need more time, we will provisionally credit the account in question within ten (10) Business Days (or twenty (20) Business Days if your account was opened less than thirty (30) days prior to the date of the suspected error) for the amount you think is in error, so that your will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
We will tell you the results of our investigation within three (3) Business Days after we finish our investigation. If we find there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation and debit the amount that was previously credited. You may ask for copies of the documents that we used in our investigation.
Failure to so notify shall relieve us of any liability for any losses sustained after the expiration of such sixty (60) day period and shall thereafter preclude you from being able to assert a claim based on such problem or error. We will investigate any errors reported to us and advise you of the results of our investigation.
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:
You agree to pay any applicable fees and charges that may be assessed in connection with the Bill Payment Services. You acknowledge and agree that there may be a charge for additional or other optional services (i.e if you request a stop payment order) you may request in connection with your use of the Bill Payment Services. You authorize us to deduct the amount of all Bill Payment fees, together with any applicable transaction fees and charges from your designated Billing Account, or in the event that such designated Billing Account lacks sufficient funds, from any of your other accounts maintained with us. Fees are subject to change and we may impose additional fees or charges in connection with your use of the Bill Payment Services at any time, subject to the provisions hereof. Additionally, 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 provider.
By using the Bill Payment Services, you are requesting us to make payments for you from your Bill Payment Account. If we are unable to complete the transaction for any reason associated with your Bill Payment Account (for example, there are insufficient funds in your Bill Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from the Bill Payment Services.
We may amend, revise, modify or change these Terms and Conditions at any time. In such event, we shall provide notice to you in accordance with applicable law. Any use of the Bill Payment Services after such notice is provided or made available to you will constitute your agreement to such change(s).
Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these Terms and Conditions as to all such prior versions of the applications, services, and/or related material and limit access to only the Bill Payment Services' more recent revisions and updates. In addition, as part of your use of the Bill Payment Services, 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 Bill Payment Services or by contacting Customer Service at (877) 779-BANK (2265). Any changes in your Bill Payment Account should also be made in accordance with the procedures outlined within the Bill Payment Services Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Bill Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information.
In the event you wish to cancel your Bill Payment Services, you may do so through the Bill Payment Services, or you may contact Customer Service via one of the following methods:
Any payment(s) that has already processed before the requested cancellation date will be completed. All Scheduled Payments including recurring payments will not be processed once the Bill Payment Services are cancelled. We reserve the right to terminate or suspend the Bill Payment Services at any time. Neither termination nor suspension shall affect your liability or obligations under these Terms and Conditions.
You understand that Payees and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. In the event that a Bill Payment is returned, you authorize us to research and correct the returned payment and resubmit it to your Payee, or void the payment and credit your Payment Account, in our discretion.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. (This text may be removed for Clients who do not offer this functionality.) 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 Biller or your financial institution (for example, to resolve payment posting problems or for verification).
You may not assign your rights and responsibilities under these Terms and Conditions to any other party. We may assign our rights and responsibilities to any existing or future direct or indirect, subsidiary or affiliate of BankUnited, N.A. . We may also assign or delegate certain of our rights and responsibilities under these Terms and Conditions to independent contractors or other third parties.
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 the part of BankUnited, N.A. in exercising any of our 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.
If any provision of these Terms and Conditions is void or unenforceable such ineffectiveness shall not affect the validity or enforceability of the remaining provisions contained herein.
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 these Terms and Conditions. As appropriate, the use of the singular shall include the plural and the plural shall include the singular.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and applicable federal law, without regard to conflicts of laws provisions. Any action or proceeding arising out of or concerning these Terms and Conditions and use of the Bill Payment Services shall be heard exclusively in the state and federal courts located in the State of Florida, Miami-Dade County. You waive and agree not to assert in any action or proceeding that you are not personally subject to the jurisdiction of such courts or that the action or proceeding is brought in an inconvenient or improper forum. YOU FURTHER AGREE TO WAIVE TRIAL BY JURY.
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