LIBERTY BANK ONLINE BILL PAYMENT (“BILL PAYMENT SERVICE”).
1. USING THE BILL PAYMENT SERVICE
As used in this Agreement, the term “Payee” means the person or entity to whom you
wish a bill payment to be directed; “Payment Instruction” means the information
provided by you to us for a bill payment to be made to the Payee (such as, but not limited
to, Payee name, your account number with Payee, and Scheduled Date); “Pay From
Account” means your checking account from which a bill payment will be made;
“Business Day” means Monday through Friday, excluding Federal Reserve holidays and
any other day that the Bank is not open for business; “Scheduled Date” means the
Business Day of your choice upon which your bill payment will begin processing (a
Scheduled Date of a non-Business Day will be considered to be the next Business Day);
and, “Cutoff Time” means 2:00 p.m. Central Time (“CT”) 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.
The Bill Payment Service is not approved for use by Commercial Account customers or
on any account requiring the signature of more than one person. Any such customer
gaining access to the Bill Payment Service does so at your own risk and Liberty Bank and
Trust Company will not be liable for such unauthorized use.
To gain access to the Bill Payment Service, you must have a checking account, be a
registered user of Liberty Bank Online, and accept this Agreement (“Agreement”).
Submission of this Agreement constitutes your digital signature under applicable state
and Federal law, and your acceptance of this Agreement.
After submission of your acceptance of this Agreement, the Bill Payment Service will
generally be available to you within two Business Days. To use the Bill Payment Service,
you must provide information online to us that identifies your Payee(s). You must
provide sufficient information about a Payee and your account with the Payee to permit
us to properly direct a payment and permit the Payee upon receipt of a payment to
identify you as the payment source. You do this by filling in all fields with accurate
information, as directed by the Bill Payment Service screen messages. By providing us
with the name and account information of the Payee(s) to whom you wish to direct
payment, you authorize us to follow the Payment Instructions that we receive through the
payment system. When we receive a Payment Instruction, you authorize us to debit your
Pay From Account and remit funds to the Payee(s) on your behalf.
You will be able to set up the following types of bill payments:
(1) Single Payment: You may schedule a payment to be made one time to a
Payee. The payment may be scheduled to BEGIN processing on a future date, or
on the same day that you enter the Payment Instruction provided you enter the
Payment Instruction before the Cutoff Time of 2 p.m. CT.
(2) Recurring Payment: You may schedule payments to Payees to be
automatically initiated in a fixed amount on regular intervals. If the Scheduled
Date does not exist in a certain month, then payment processing will be initiated
on the last Business Day of the month. For example, if you schedule a payment to
begin processing on the 30th of each month, your payment for the month of
February will be begin processing on or after the 28th of February.
The amount of any Single Payment or Recurring Payment shall not exceed
$100,000.
You will be provided a confirmation number for each payment you schedule
using the Bill Payment Service. This number is available on the Transactions
screen if you need to refer to it in the future. The confirmation number will help
us resolve any questions you may have concerning your transactions.
While it is anticipated that most transactions will be processed on the next
Business Day after your Scheduled Date, and arrive at the Payee within
approximately five (5) Business Days after your selected Scheduled Date, it is
understood that due to circumstances beyond our control, particularly delays in
handling and posting payments by slow responding Payees or financial
institutions, some transactions may take a day or even a few days longer to be
credited by your Payee to your Payee account. For this reason, it is necessary that
all Scheduled Dates selected by you be no less than five (5) Business Days before
the bill’s actual due date, not the late date and/or a date in the grace period. DO
NOT ENTER THE PAYMENT DUE DATE AS THE SCHEDULED DATE.
Payment Instructions entered after the Cutoff Time of 2 p.m. CT or on nonBusiness Days will be considered entered in the Bill Payment Service on the next
Business Day. For Recurring Payments, this means that you must allow additional
time for months in which weekends or holidays reduce the number of Business
Days between the Recurring Payment date and the bill’s actual due date. The risk
of incurring and the responsibility for paying any and all late charges or penalties
shall be borne by you.
We will use our best efforts to make all your payments properly. However, we shall incur
no liability if we are unable to process any payments initiated by you through the Bill
Payment Service because of the existence of any one or more of the following
circumstances:
(1) If, through no fault of ours, your Pay From Account does not contain
sufficient funds to complete the transaction;
(2) The Bill Payment Service or Online Services is not working properly and you
know or have been advised by us about the problem before you execute the
transaction;
(3) The Payee mishandles or delays a payment sent by us;
(4) You have not provided us with the correct name, phone number or account
information for the Payee, or you have not provided us with accurate personal
information either during enrollment, or you have otherwise provided incomplete
Payment Instructions; or
(5) Circumstances beyond our control (such as, but not limited to, fire, flood, or
interference from an outside force) prevent the proper execution of the transaction
and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing five (5) exceptions are applicable, if we cause an
incorrect amount of funds to be removed from your Pay From Account or cause funds
from your Pay From Account to be directed to a Payee which do not comply with your
Payment Instructions, we shall be responsible for returning the improperly transferred
funds to your Pay From Account and for directing to the proper Payee any previously
misdirected transactions.
The following payments are prohibited through the Bill Payment Service:
(1) Tax Payments and other governmental fees,
(2) Court ordered payments, alimony and child support payments,
(3) Payments to Payees outside of the United States,
(4) Use of this service by a commercial bank customer, or.
(5) Payments made for any illegal purpose.
A bill payment is “In Process” starting at the Cutoff Time on the Scheduled Date and
continuing up to the next Business Day after the Scheduled 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 next Business
Day after the Scheduled Date. You may cancel or edit any “Pending Payment” (including
Recurring Payments) by following the directions within the service. There is no charge
for canceling or editing a “Pending Payment”. When you cancel a “Pending Payment” the
system will assign a confirmation number to the cancellation transaction. The
confirmation number will help us resolve any questions you may have concerning your
transactions and is available on the Transaction screen if you need to refer to it in the
future. If you desire to cancel or stop any payment that is “In Process”, you must call the
Customer Service Department at (504) 240-5200 or 1-866-528-7878. Stop payment
requests sent to us via electronic mail or in any other manner will not reach us in time for
us to act on your request. If you call, we may also require you to confirm your request in
writing within fourteen (14) days after you call. We may not be able to stop a payment
that is “In Process”. Although we will make every effort to accommodate your request,
we will have no liability for failing to do so. The charge for each stop payment order will
be the then current charge for such service as set forth in the current Liberty Bank Fee
Schedule. You may obtain a copy of Liberty Bank’s current Fee Schedule by visiting any
Liberty Bank Branch.
Once your scheduled bill payment is “In Process”, we may remit your payment to your
Payee by any one of the following means, at our sole discretion: (1) by electronic funds
transfer; (2) by mailing your Payee a check drawn on an account we maintain for this
purpose; or (3) by other means. The timing of when your scheduled bill payment is
debited from your Pay From Account will be on the day you entered for your bill
payment to begin processing, that is the Scheduled Date.
2. STATEMENTS
All of your payments made through the Bill Payment Service will appear on your
monthly account statement(s) for your Pay From Account. You can also view payment
activity on the Transaction Account Activity screen.
3. CANCELING THE BILL PAYMENT SERVICE.
You may cancel your use of the Bill Payment Service at any time by calling the Bank at
(504) 240-5200 or 1-866-528-7878. When you notify us by telephone, we may request
that you put your request in writing. When you cancel the Bill Payment Service, all
Pending Payments will automatically be canceled by us on your behalf and you will be
responsible for paying your bills by other means. You will not receive a refund of any
service fee if you cancel. The Bank may cancel or suspend the Bill Payment Service, in
whole or in part, at any time without prior notice. Cancellation or suspension shall not
affect your liability or obligations under this Agreement.
4. IN THE EVENT A BILL PAYMENT SERVICE TRANSACTION IS
RETURNED
In using the Bill Payment Service, you are requesting that we make payments for you
from your Pay From Account. If we are unable to complete the transaction for any reason
associated with your Pay From Account (for example, there are not sufficient funds in
your Pay From Account to cover the transaction), the transaction may not be completed.
We will attempt to complete the transaction(s) for three successive Business Days. You
will receive a return notice from the Bank for the first attempt only. You will be charged
a $20 Handling Fee for each returned item that covers the first attempt as well as the two
subsequent attempts, if applicable. In such case, you agree that you will reimburse us for
the Handling Fee imposed by the Bank as a result of returned items.
If your payment results in the overdraft of your account, you agree to pay us upon
demand the amount of the overdraft together with the Overdraft Fee per Liberty Bank’s
most recent Fee Schedule. You agree to pay us whether or not you signed or requested
the withdrawal or participated in the transaction creating the overdraft or received any
benefit from the withdrawal creating the overdraft.
If a payment is returned because of incomplete or inaccurate information regarding the
Payee or your account with the Payee, the Bank will charge a Bill Pay Return Item Fee of
$25 per item.
Unless the collection of such cost is prohibited by the applicable state law, you agree to
pay all costs and expenses, including attorneys’ fees, incurred by us in the collection of
any fee imposed by the Bank as a result of a Bill Pay Returned Item. We are hereby
authorized to report the facts concerning the return item to a credit reporting agency.
5. OTHER FEES
If you subscribe to the Bill Payment Service, you agree to pay the Bank a service fee of
$4.95 each month, plus an additional transaction fee of $0.50 per Bill Payment
transaction over 10 per month. These fees may be waived for selected products. You
authorize the Bank to deduct the Bill Payment Service fee (and any transaction fees, if
applicable), on the 1st of each month, from the personal checking account you designate.
This fee is in addition to regular transaction fees that may be in effect for your Liberty
Bank accounts.
You agree that you will be responsible for paying any telephone company or utility
charges and/or Internet access service fees incurred while using telephone lines and/or
Internet access services to connect with Liberty Bank Online.
If you request a copy of the check or electronic order used to may payment to your Payee,
you agree to pay us a Research Fee of $7 per requested item.
6. ADDRESS CHANGES
You agree to promptly notify Liberty Bank Online Internet Banking of any address
change, by calling Customer Service at 504-240-5200 or 1-866-528-7878. You may be
requested to submit this information in writing within fourteen (14) days after you call.
7. PAYEE LIMITATION
We reserve the right to refuse to pay any Payee to whom you may direct a payment for
security reasons or any other reason. We will notify you promptly if we decide to refuse
to pay a Payee designated by you. However, this notification is not required, however, if
you attempt to make a prohibited payment under this Agreement.
8. INFORMATION AUTHORIZATION
Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your
identity or other necessary information. Through your enrollment in the Bill Payment
Service, you agree that we reserve the right to request a review of your credit history at
our own expense through an authorized bureau. In addition, you agree that we reserve the
right to obtain financial information regarding your account from a Payee to resolve
payment-posting problems.
9. EQUIPMENT
You are responsible for obtaining, installing, maintaining and operating all computer
hardware, software and Internet access services necessary for performing Online
Services. The Bank will not be responsible for any errors or failures from the malfunction
or failure of your hardware, software or any Internet access services.
10. BUSINESS DAYS/HOURS OF OPERATION
The Bank's business days are Monday through Friday, except Federal Reserve holidays
and any other day on which the Bank is not open for business. Online Services is
available 24 hours a day, 7 days a week except during maintenance periods or
circumstances beyond our reasonable control. All Internet Banking transactions initiated
after the Bank's Cutoff Time will be considered as initiated on the next Business Day.
11. LIMITATION OF ACCESS/SECURITY
The Bank may terminate Liberty Bank Online in whole or in part at any time without
prior notice. The Bank reserves the right to limit or suspend your access to Liberty Bank
Online at any time. In order to maintain secure communications and reduce fraud, you
agree to protect the security of your numbers, codes and other means of identification
(including, without limitation, Access IDs and Passwords). We reserve the right to block
access to Online Services and/or to Bill Pay Services to maintain or restore security to
our Site and systems if we reasonably believe your access codes have been or may be
obtained or are being used or may be used by an unauthorized person(s).
12. YOUR RESPONSIBILITY
Use of your Access ID and Password is the agreed security procedure to access Online
.
Services and Bill Pay Services In order to prevent unauthorized access to your accounts
and to prevent unauthorized use of Online Services and Bill Pay Services, you agree, by
using Online Services and Bill Pay Services, to keep confidential and to not give or make
available your Access ID, Password or other means to access your accounts to any person
not authorized to access your accounts. The loss, theft or unauthorized use of your Access
IDs and Passwords could cause you to lose some or all of the money in your accounts,
plus any amount available under your overdraft protection credit line. If you disclose
your Access IDs and/or Passwords to any person(s) or entity, you assume all risks and
losses associated with such disclosure. You are responsible for all transfers and Bill
Payments you authorize using Online Services. If you permit any other person(s) or entity
to use Online Services or Bill Pay Services or to access or use your Access IDs,
Passwords, or other means to access your accounts, you are responsible for any
transactions and activities they authorize from your accounts. You agree to immediately
notify us by calling (504) 240-5200 or 1-866-528-7878 during normal customer service
hours of any unauthorized use of your Access IDs and Passwords or of any other breach
of security, or if you believe someone may attempt to use Online Services or Bill Pay
Services without your consent or has transferred money without your permission.
13. DAMAGES
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS,
INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST
PROFITS, CAUSED BY LIBERTY BANK ONLINE OR BILL PAY SERVICES, OR
THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION,
USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE,
EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES.
14. WARRANTIES DISCLAIMER
THE ONLINE SERVICES AND BILL PAY SERVICES, AND RELATED
DOCUMENTATION ARE PROVIDED “AS IS”, AND WE DO NOT MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
CONCERNING THE HARDWARE, THE SOFTWARE OR ANY PART THEREOF,
INCLUDING,
WITHOUT
LIMITATION,
ANY
WARRANTIES
OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. ERRORS OR QUESTIONS
In case of errors or questions about your Liberty Bank Internet Banking and/or Bill
Payment Service, call the Bank at (504) 240-5200 or 1-866-528-7878, or write to us at
Liberty Bank Online Customer Service, P.O. Box 60131, New Orleans, LA 70160-0131.
16. MISCELLANEOUS TERMS
In addition to this Agreement, you agree to comply with all applicable account
agreements, including, without limitation, the Understanding Your Deposit Account
Agreement that you received when opening your depository account, as amended, and
with all applicable State and Federal laws and regulations.
The Bank may amend or change this Agreement (including applicable fees and service
charges) by sending you notice by electronic mail or by regular mail sent to your address
as it appears on your account records. You agree that the Bank may also send you future
notices and disclosures about your accounts with the Bank by electronic mail, where
permitted by law. Any use of the Online Services and Bill Pay Services after we send you
a notice of change will constitute your agreement to such change(s). Further, we may,
from time to time, revise or update the programs, services and/or related material, which
may render all such prior versions obsolete. Consequently, we reserve the right to
terminate this Agreement as to all such prior versions of the programs, services, and/or
related material, and to limit access to Online Services and/or Bill Pay Services more
recent revisions and updates.
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. A waiver on any one occasion shall not be construed as a bar or
waiver of any rights or remedies on future occasions.
We refer you to the Understanding Your Deposit Account Agreement that you received
when opening your depository account, as amended, for additional terms and conditions
and disclosures that apply to your accounts with the Bank, as this Agreement is an
addendum to such Understanding Your Deposit Account Agreement.
17. HARM TO COMPUTER SYSTEMS/DATA
You agree that we will not be responsible or liable for any direct, indirect, incidental or
consequential damages which may result from harmful components such as viruses,
worms, Trojan horses, or other similar harmful components that may enter your computer
system by using Liberty Bank and Trust Company Online Services or Bill Pay Services,
or by downloading information, software, or other materials from our site.
18. SHARING INFORMATION/PRIVACY
We may share customer transaction and experience information with affiliates within
Liberty Bank and Trust Company. We may share other customer information among
Liberty Bank and Trust Company affiliates; however, you may opt out of such sharing of
"other customer information" between Liberty Bank and Trust Company affiliates by
sending your request and your name, address, social security number, telephone number,
and account type and number to Liberty Bank and Trust Company, Post Office Box
60131, New Orleans, Louisiana 70160 ATTN: Opt Out Desk or e-mail us at
[email protected].
If you obtain any of our products or services jointly with one or more other individuals,
your opt-out decision also will apply to each of those other individuals.
19. OWNERSHIP OF MATERIALS
The content and information on our site is copyrighted by Liberty Bank and Trust
Company and the unauthorized reproduction or distribution of any portion is prohibited.
Our logos and products are trademarked and servicemarked and may not be used without
our permission. Trademarks or servicemarks of others that are referenced on our web site
are the property of their respective owners. No part of these pages or screens may be
copied (except as strictly necessary for you to view these materials on your own
computer), republished, redistributed, modified, or otherwise used or exploited by you
without our prior written consent.
20. SEVERABILITY
If any provision of this Agreement is void or unenforceable in any jurisdiction, such
ineffectiveness or unenforceability shall not affect the validity or enforceability of such
provision in another jurisdiction or any other provision in that or any other jurisdiction.
21. AREA OF SERVICE
The Services described in this Agreement are solely offered to citizens and residents of
the United States of America and may not be accessed while outside of the USA.
The United States Export Control laws prohibit the export of certain technical data and
software to certain territories. No contents from this site may be downloaded or otherwise
exported in violation of United States Law.
22. COLLECTION EXPENSES
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable
expenses including attorney's fees unless the collection of such cost is prohibited by the
applicable state law.
23. GOVERNING LAW
This Agreement is governed by and interpreted in accordance with all applicable federal
laws and regulations and the laws of the State of Louisiana.
24. ARBITRATION PROVISION
Any controversy, claim or dispute arising out of or relating to this Agreement, shall, upon
the election by Liberty Bank and Trust Company, be settled by arbitration pursuant to
this Arbitration Provision and the code of procedure of the national arbitration
organization to which the Claim is referred in effect at the time the Claim is filed. If
Liberty Bank elects arbitration, the Claim shall be referred to either the National
Arbitration Forum (“NAF”), JAMS/Endispute (“JAMS”), or the American Arbitration
Association (“AAA”) as selected by us. Each party to the arbitration will pay its pro rata
share of the expenses and fees of the arbitrator, together with other expenses of the
arbitration incurred or approved by the arbitrator. Arbitration may proceed in your
absence if we have given written or electronic notice of the proceedings to you. You
agree to abide by all decisions and awards rendered in such proceedings. Such decisions
and awards rendered by the arbitrator shall be final and conclusive and may be entered in
any court having jurisdiction thereof as a basis of judgment and the issuance of execution
for its collection. The arbitrator shall not have the right to award punitive damages or
speculative damages to either party and shall not have the power to amend this
Agreement. The arbitrator shall be required to follow applicable law.