Everwise Credit Union - Online Loan Payment Terms and Conditions
EVERWISE offers members the ability to make Payments from a non-EVERWISE deposit account on their EVERWISE Loan Account through the use of a third-party service called Payrailz, LLC. By your use of the Service, you agree to be bound by the following terms and conditions (this “Agreement”).
1. DEFINITIONS
For purposes of this Agreement:
“ACH” means automated clearing house.
“EFT” means electronic funds transfer.
“Loan Account” or “Account” means any loan account with Everwise Credit Union that you make Payment on by using the Service.
“Payment” means any transfer of funds from a non-EVERWISE Payment Account, regardless of the method of that transfer, that you make by using the Service to be applied to a Loan Account.
“Payment Account” means the non-EVERWISE account from which you elect to transfer funds to make Payment on a Loan Account, including but not limited to any checking account or associated debit card, or credit card account accepted by us.
“Recurring Payment” means a Payment you authorize to occur more than once, and at regular intervals. “Rules” means the National Automated Clearing House Association’s Operating Rules and Guidelines in effect from time to time, and any applicable regulations.
“Service” means the online Loan Account payment service provided by the Service Provider which is the subject of this Agreement.
“Service Provider” means Payrailz, LLC, or its credit union service organization, CU Railz. “We”, “us” and “our” means Everwise Credit Union or “EVERWISE” “You” and “Yours” means any person using the Service.
2. CONSENT TO ELECTRONIC COMMUNICATIONS
When you visit the Service’s website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, by posting notices on the Service’s website, or by text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Each time you make a Loan Payment using the Service, you consent to receive a one-time confirmation of that Payment electronically to the e-mail address you have provided to us. You agree that it is your responsibility to obtain and maintain access to any hardware, software, and internet connectivity necessary to receive electronic communications.
3. LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of the Service, which we may cancel at any time for any reason. You are prohibited from using the Service to make an unauthorized or illegal Payment. If you are under the age of 18, you may not use the Service. You are responsible for protecting the confidentiality of required log-in information, including usernames and passwords. You shall not permit any other person to use your log-in information. You agree to hold us harmless for any activity pertaining to your Payment Account or your Loan Account, including, but not limited to, authorized or unauthorized charges to your Payment Account if you fail to protect required log-in credentials.
4. PAYMENTS
You may only make Loan Payments via the Service using a Payment Account acceptable to us. We may not accept Payments from all Payment Accounts. You warrant and represent that you are an authorized user of any Payment Account you use to make a Payment. You agree to follow all requirements of that Payment Account when making a Payment. You authorize us to follow your Payment instructions. When we receive a payment instruction from you, you authorize us to debit or charge your Payment Account for the amount of any Payment plus any related fees in effect at the time you initiate the Payment, and to transfer funds on your behalf. You acknowledge and agree that a fee may be charged to you to process Payments pursuant to this agreement. Any such fees will be disclosed to you prior to completing a Payment. You agree to pay any applicable fees which may be charged. You also authorize us to credit your Payment Account in the event that any Payments are returned. In order to process Payments more effectively, we may edit or alter Payment data or data formats. We will use reasonable efforts to complete your Payments properly. However, we are not liable if the Service is unable to complete any Payments initiated because of the existence of any of the following circumstances or other reasons identified in this agreement: (1) Payment Account does not contain sufficient funds; (2) If our Payment processing center is not working properly and you know or have been made aware of the malfunction before you execute the Payment; (3) If you have not provided us with the correct Payment Account information; (4) If your debit is expired; (5) if circumstances beyond our control (such as, but not limited to, fire, flood, pandemic, or other acts of God, third party systems or interference from an outside force) prevent the proper execution of the Payment; (6) If you failed to follow our instructions for the use of the Service. Provided none of the exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed in a manner that does not comply with your Payment instructions, our sole responsibility to you shall be to return the improperly transferred funds to your Payment Account or to direct any previously misdirected payments to EVERWISE. You are responsible for ensuring that there are sufficient funds available in your Payment Account to cover any amount you authorize for Payment. If you do not have sufficient funds in your Payment Account, your Payment may not be processed. Your Payment may not be processed after a debit card expires. In the event your Payment is not processed for any reason, including the failure to obtain an authorization from your card issuer or financial institution or you have not provided us with the correct information, your liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed thereon, of which all obligations remain your sole responsibility. Any fees associated with your Payment Account, including without limitation any assessed by your financial institution or card issuer, will continue to apply. You are also 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 in connection with your use of the Service.
A. Principal Only Payments, and Overpayment
If you make additional payments, the additional amounts will be applied as noted with all excess to be applied to principal. You shall not schedule a Payment in excess of the total balance owed on your Loan Account. You acknowledge that we may refuse to process any overpayment, or we may adjust the Payment amount down to the amount due at time of Payment processing as to avoid overpayments.
B. Returned Transactions
In using the Service, you understand that Payments may be returned for various reasons, such as, but not limited to, the Loan Account number you provide is not valid; we are unable to locate your Loan Account; or your Loan Account is paid in full. You may be assessed fees by us or your financial institution as the result of any returns or insufficient funds related to your Payment Account.
C. Cancelled Transactions
You may be permitted to cancel or edit a Payment until such time as the processing of the Payment instruction starts. There is no charge for canceling or editing a Payment prior to the processing of the Payment instruction.
D. Saved Payment Accounts
The saved Payment Accounts feature allows you to save your Payment Account for use in making future Payments. If you elect to use a saved Payment Account, you authorize us to save information about your Payment Account to your profile. It is your responsibility and you agree to ensure that the information maintained in your profile including Payment Account information is accurate. If your Payment Account number changes or your debit card expiration date changes, you agree to make updates to your Payment Account. You also authorize us to acquire such new or additional information regarding your Payment Accounts from our financial services partners and authorize the update of your Payment Account information accordingly. All changes made by you or acquired by us will be effective for future Payments paid using the Payment Account.
E. Recurring Payments and Scheduled Payments
You may have the option of selecting Recurring Payments through our auto-pay feature. If you choose to set up Recurring Payments, or if you initiate a scheduled Payment, an email confirmation will be sent to you confirming that your Payment instruction has been received and accepted by our services. For Recurring Payments and scheduled Payments, we will debit the amount designated by you on the date or future dates you selected. If Recurring Payments are scheduled, you may receive email confirmations of Payments charged to or debited from your Payment Account. It is your responsibility to update your email address in your profile with your current email address. We will not be responsible for email confirmations that are not received as a result of delivery failures (spam blockers or incorrect email address). It is your responsibility to ensure that all Payment Account information is accurate, valid, and up-to-date in order to ensure proper authorization of your Payment. We will not be responsible for any Payment processing errors or fees incurred if you fail to provide accurate Payment Account information. You may terminate your participation in Recurring Payments online. It may take up to five (5) banking days to process termination requests. Payments are processed as promptly as reasonably possible. However, we make no representations or warranties regarding the amount of time needed to complete processing. We are not responsible for any failure or delay of Payment after it has been transmitted by us.
5. CONVENIENCE FEE
You may be required to pay a convenience fee for each Payment made using the Service. If you do not wish to pay the required convenience fee you may cancel your Payment any time prior to accepting the convenience fee. By completing your Payment, you are agreeing to pay any convenience fee that is required.
6. TERMINATION
We may immediately terminate this Agreement at any time without notice and for any reason, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Notwithstanding the foregoing, termination of this Agreement by either party shall not negate the duties of either party, or any fees assessed, in connection with a Payment initiated prior to termination.
7. COPYRIGHT; TRADEMARK
All content, titles, graphics, logos, button icons, images and software are the copyrighted and/or trademarked material of EVERWISE and/or our licensors, including the Service Provider, and you agree not to download (other than page caching) or modify it, or any portion of it. The compilation of all content on this website is the exclusive property of EVERWISE and is protected by U.S. and international copyright laws. All other trademarks that appear on the Service website that are not owned by the Service, or its affiliates, are the property of their respective owners reproduction, republication, or distribution of any material from the Service website is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your Payments for your personal records.
8. LIMITED LIABILITY; DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY AND
DISCLAIM LIABILITY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. WE MAKE NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE; ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY OR INTERRUPTION IN
OPERATION OR TRANSMISSION; COMMUNICATION LINE FAILURE; SECURITY BREACH; OR UNAUTHORIZED
ACCESS TO, ALTERATION OF OR USE OF INFORMATION. IN NO EVENT SHALL WE OR OUR AFFILIATES, OR THE SERVICE PROVIDER, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
9. APPLICABLE LAW
By visiting the Service, you agree that the laws of the State of Indiana will govern this Agreement without regard to conflicts of laws provisions, and any dispute relating to the Service provided herein shall be subject to the jurisdiction of the courts of the State of Indiana.
10. INDEMNITY
You agree to indemnify and hold us harmless and our affiliates, suppliers, service providers (including the Service Provider), licensors and contractors and the officers, directors, owners, agents, employees and contractors of each of these, from and against any and all loss, damage, liability, claim, demand, fees, costs, and expenses, including attorney’s fees, resulting from your breach of this Agreement.
11. SEVERABILITY
Should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12. ACH TERMS AND CONDITIONS
When you select Payment via direct debit of your Payment Account you thereby authorize the Service to initiate an automated clearing house (ACH) Payment (withdrawal) from the financial institution and checking account you specify, and in the Payment Amount you authorized.
13. CHARGES
You agree to pay us a Return Payment Fee not to exceed the amount permitted by applicable state law. We may collect Return Payment Fees through a separate EFT transaction when your Payment is returned by a third-party financial institution or ACH operator, for each dishonored direct debit, check, or draft to reimburse us for costs of collection. The third-party bank or credit union may also assess its customary charge for such items. When an online Payment is not honored by a third-party bank or credit union we have the right to collect the dishonored payment amount by resubmitting the ACH Payment in accordance with the Rules or by employing a debt collection service.
14. SUFFICIENT FUNDS
You are responsible for ensuring there is a sufficient available balance in the applicable Payment Account when you instruct us to make Payments or other EFTs through the Service. If any Payment or EFT charged to your Payment Account is unsuccessful due to insufficient funds, you retain sole responsibility for any late or missed Payments resulting therefrom. If there is not a sufficient available balance in your Account to fund any Payment you instruct us to make through the Service, we may assess a fee upon you.
15. PRIVACY POLICY
We reserve the right to place various cookies or similar files on your computer to record preferences you have entered and for security or user authentication purposes.
16. CHANGES IN ACCOUNT AND CONTACT INFORMATION
You agree to promptly update us regarding any changes with your Account and/or contact information.
17. ASSIGNMENT
Without our prior written consent, you may not assign any rights or obligations you have under this Agreement to any other party. We reserve the right to assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors or other third parties.
18. WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless a waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of rights or remedies or any other rights or remedies. A waiver on any one occasion should not be interpreted as a bar or waiver of any rights or remedies on future occurrences.
19. SITE POLICIES
This Agreement and other agreements, policies and any operating rules posted on our website in connection with the Service constitute the entire agreement between you and us with respect to use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. We reserve the right at any time to change, add or delete any aspect or feature of the Service, and the terms and conditions of this Agreement, including but not limited to, respective convenience fees. We will provide notice of any such change by posting a notice to our website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.
20. HEADINGS; INTERPRETATION. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The introductory paragraph forms a part of this Agreement and is incorporated herein.
This Agreement is intended to be complimentary to any other agreement you have with EVERWISE. This Agreement applies to your use of the Service only and is not intended to amend any other Agreement you may have with EVERWISE in any way. To the extent of any conflict between this Agreement and your other agreements with EVERWISE, this Agreement shall control with respect to your use of the Service only. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. The use herein of the word “include” or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not no limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. All references to days in this Agreement shall be interpreted to mean calendar days unless indicated otherwise.