This Bill Payment Service Addendum (this "Addendum") is an Addendum to the Unifimoney Customer Agreement (the "Agreement") and sets forth the terms and conditions of the service (the "Bill Payment Service") that UMB Bank, N. A. may provide to Unifimoney Cash Program Customers who want to withdraw funds from the Program and initiate a bill payment from their Customer Account. This Addendum amends and supplements the UNIFIMONEY Customer Agreement and all Addenda incorporated therein (the “Customer Agreement”). The Consent to Electronic Signatures and Records provisions of the Customer Agreement apply to this Addendum. That means that this Addendum will become a part of your Customer Agreement with us when you accept them by clicking on “Agree” at the time you enroll in the Bill Payment Service, or when you use the Bill Payment Service for the first time. You must keep a current mobile telephone number and an active email address on file within the UMIFIMONEY Dashboard and with UMB.
In this Addendum, “we,” “us” and “UMB” mean UMB Bank, n.a., and “you” means any person who owns a Checking Account at UMB that accesses the Bill Payment Service. Other capitalized terms used but not defined in this Addendum have the meanings given in the Customer Agreement. In the event of any inconsistency between this Addendum and the Customer Agreement, this Addendum will control with respect to the Bill Payment Service. Please read this Addendum carefully.
1. Definitions. Capitalized terms used but not defined in this Addendum have the meanings given to such terms in the Agreement.
2. Agreement to Pay Bills. Notwithstanding any provisions of the Agreement to the contrary, UMB may allow you to give it instructions ("Payment Instructions") to make one-time or recurring payments from your Checking Account to a person, business, or any other transferee to whom you direct payments and who UMB accepts as a payee ("Payees") through UNIFMONEY's mobile application (the "Bill Payment Service"). Payees must meet our qualifications, as described more fully below.
In addition to this Agreement, your use of the Bill Payment Service is governed by the instructions you receive through the Service.
You may make payments through the Bill Payment Service to any business, merchant or professional that generates a bill or invoice for products or services and that has an address UMB can verify (a "Business Payee"). You may also make payments through the Bill Payment Service to individuals, family, or friends for non-business purposes ("Personal Payees").
Payments may be made only to Payees with a U.S. mailing address. You may not use the Bill Payment Service to make a payment for alimony, child-support, taxes, or other governmental fees, court- directed payments or payments to settle securities purchases. You are solely responsible for any claims or damages resulting from your scheduling of these types of payments through Online Banking or from any payments to prohibited Payees, whether or not UMB makes the payment, and even if the payment is delayed or improperly processed. UMB reserves the right to refuse to pay any person or entity to whom you may direct a payment. UMB is not required to notify you regarding a prohibited Payee or any payment prohibited under this Agreement.
3. Your Personal Payee List. You must provide sufficient information about each Payee ("Payee Information") as UMB or UNIFMONEY may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account ("Payee Account") to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee account number. Changes to your Payee Information are generally reflected in the Bill Payment Service within one (1) Business Day after you make them. From time to time UMB or UNIFMONEY may limit the number of Payees you may designate to receive payments through the Bill Payment Service.
You authorize UMB and UNIFMONEY to follow your Payment Instructions and to rely on the accuracy of all information you provide. UMB is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information that you provide. UMB reserves the right to select the method by which to remit funds on your behalf to the Payee.
4. Payment Limits. Individual payments may be made in any amount not less than $1.00 and may not exceed
$10,000.00 in any single transaction and a total of $20,000 on any Business Day. Payments may not be in an amount that exceeds the Available Balance in your Customer Account at the time the payment is initiated. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same day and for the same amount. For the first 60 days after you make a deposit to the Program from a Newly Linked External Account, that amount may not be used to make a bill payment. For security reasons, there may be other limits on the type, amount, number of, or frequency of bill payments you can make to or from the Program.
5. Delivery of Your Payments. You may schedule payments on the day that you enter the payment information (a “Current Day Payment”), for a future date (a “Future Payment”), or to be automatically initiated in a fixed amount weekly, biweekly, twice a month, monthly, every four weeks, bimonthly, quarterly, semi-annually or annually (known as “Recurring Payments”), subject to the restrictions in this Agreement. Although you can generally enter payment information through the Bill Payment Service 24 hours a day, 7 days a week, payments can be "initiated" only on our Business Days. The date on which a payment is to be "initiated" is the date on which funds are to be deducted from your Customer Account; in this Agreement, it is also called the "Process Date."
After funds are withdrawn from your Customer Account on the Process Date, UMB may remit your payments by Electronic Funds Transfer, by mailing the Payee a check drawn on an account UMB maintains for that purpose, or by other means. Because of the time it takes to transmit the payment to your Payees, they generally will not receive payment on the Process Date. This is the case regardless of whether the payment is a Current Day Payment, a Future Payment, or a Recurring Payment. Therefore, in order to provide sufficient time for payment to be received by your Payees, the Process Date for each payment should be at least five (5) Business Days before the Due Date. The “Due Date” is the date on which the payment must be received by the Payee to be considered “on time” under your agreement with the Payee, not including any grace period that the Payee may provide before the Payee imposes a late fee or similar penalty. The first time you send a payment to a Payee using the Bill Payment Service, it would be helpful if you allow additional time. That would allow the Payee to adjust to the new form of payment.
6. Order of Payments. If more than one bill payment is scheduled for the same Business Day, UMB will, in our sole discretion, determine the order in which those payments are processed. You cannot control the order in which these payments are processed. Accordingly, if your Customer Account does not contain sufficient available funds to complete all of your payments, any one or more of the payments may not be completed.
7. Current Day Payments. Current Day Payments must be entered into the Bill Payment Service by 3:00 p.m. (Central Time) on a Business Day in order for the payment to be initiated on that day.
8. Future Payments. You may schedule a payment to be initiated on any future Business Day (a "Future Payment").
9. Recurring Payments. You may schedule payments to be automatically initiated in a fixed amount weekly, bi- weekly, twice a month, monthly, every four weeks, bi-monthly, quarterly, semi-annually, or annually (a “Recurring Payment”). The date on which a recurring payment is scheduled to be initiated is referred to as the "Recurring Payment Date." If a Recurring Payment Date is a day that does not exist in a certain month, the payment will be initiated on the last Business Day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on the 28th of February (or the 29th, in a Leap Year), or the last Business Day of February, if the Recurring Payment Date falls on a day which is not a Business Day. If the Recurring Payment Date falls on a day other than a Business Day in any month, your payment will be initiated (i.e., the payment will be deducted from your Customer Account) on the preceding Business Day. Thus, your actual Process Date for any month may not be the Recurring Payment Date. For example, if you schedule a Recurring Payment to be initiated on the fifth (5th) of each month, and August 5th is a Saturday, your payment for August would be initiated (deducted from your Customer Account) on August 4th.
It also is important to note that differences in the days of the week can reduce the number of Business Days between your scheduled Recurring Payment Date in any particular month. In order to ensure that your Recurring Payments are always initiated at least five (5) Business Days before your payment Due Date, UMB recommends that you schedule the Recurring Payment Date to be at least ten (10) calendar days before the Due Date.
10. How to Cancel or Change Payments. The best way to cancel or change a previously scheduled payment is to do so in the Bill Payment Service itself. To cancel a “Current Day Payment,” “Future Payment” or a “Recurring Payment” that is scheduled to be processed that day, you must enter the information in the Bill Payment Service by 3 p.m. Central Time on the Business Day the payment is to be initiated. A “Same “Day Payment” may not be cancelled after 3:00 p.m. on the Business Day the payment is to be initiated. For Future Payments or Recurring Payments, if you enter the information after 3:00 p.m. Central Time on a Business Day, the instruction will be effective the following Business Day. In the Bill Payment Service, review the payments screen, and find the payment you wish to cancel. In order to change the date or amount of a recurring payment, you must first cancel the recurring payment, and then schedule a new recurring payment to reflect the change. Any recurring payments already scheduled and displayed in payments screen will be processed and sent to the Payees unless you cancel each payment.
If you need further help to stop a Recurring Payment, you may call [888-909-0586 or contact firstname.lastname@example.org.
If you tell UMB to stop a payment made through the Bill Payment Service by using a method other than by entering the change in the Bill Payment Service, you must notify UMB in time for it to receive your request three (3) Business Days or more before the Process Date. If you call, UMB may also require you to put your request in writing and get it to UMB within fourteen (14) days after you call. If you order UMB to stop a Recurring Payment three (3) Business Days before the Recurring Payment Date, and UMB does not do so, UMB will be liable only for your direct losses or damages.
UMB does not automatically cancel scheduled payments, including Recurring Payments, if you cancel the Bill Payment Service. You must specifically cancel all scheduled payments at the time you terminate the Bill Payment Service if that is what you intend. If you close the Customer Account from which Bill Payments are made, you must arrange for payments to be made in another manner. UMB will not notify your Payees that you have cancelled the Bill Payment Service.
11. Limited Late Fee Reimbursement. UMB will reimburse Consumer customers who use the Bill Payment Service up to $50 per payment, for any Payee-imposed late fee or portion of finance charges associated with the late payment amount that the Payee will not waive or reverse as a courtesy to you or to UMB or any third party and that was incurred by you due to a payment posting late. To be eligible for this reimbursement, you must have scheduled the payment resulting in such a fee in accordance with the times recommended in this Agreement and the instructions relating to the Bill Payment Service, and none of the circumstances excusing our timely performance set forth in the section of this Agreement below titled “Exclusions and Limitations on Our Liability in Processing Payments” may be applicable. Reimbursement do not apply to payments for alimony, child-support, taxes, or other governmental fees, court-directed payments or payments to settle securities purchases through the Bill Payment Service, payments to interest bearing accounts, or payments scheduled during any applicable grace period. (That is, if the Due Date for a payment is the first day of the month and your Payee provides a 15-day grace period before a late payment penalty applies, the payment must be initiated no later than 5 Business Days before the first of the month for reimbursement to apply). If UMB or any service provider UMB uses erroneously caused a Consumer to incur the late fees or finance charges, then reimbursement up to $50 will be returned to you.
If the late fees or finance charges are caused by your error, UMB will not be responsible for any reimbursement.
12. Unsuccessful Payments. If UMB is not able to make a payment as you directed, you will receive an email notifying you of an unsuccessful payment. For example, if there are not sufficient funds in your Customer Account on the Process Date or if other payments UMB has been asked to make on your behalf (such as checks you write or debit card transactions you make) would reduce the Available Balance below the amount required to make the payment, UMB may not make the payment. When a payment fails because of insufficient funds, UMB will attempt to make the payment on the following Business Day. If there are not sufficient funds in the Customer Account on that date, your payment will not be attempted again. You will need to reschedule the payment or make other payment arrangements.
13. Payments That Are Not Completed. If UMB remits your payment to a Payee by mailing your Payee a check drawn on an account UMB maintains for that purpose and the check has not been presented to UMB for payment within 90 days after the Process Date, UMB will place a stop payment order on the check and deposit the amount of the payment into your Customer Account.
14. Authorization to Charge Your Customer Account. You authorize UMB to charge your Customer Account according to your Payment Instructions.
You agree that you will have funds available for each payment you make from each Customer Account according to your Payment Instructions. Please review the Agreement regarding when funds are made available to your deposit accounts. Deposited or transferred funds are not always made available on the day you make the deposit or transfer. If you do not have sufficient funds in the designated Customer Account to cover a transaction, UMB decides, without notice to you and in our sole discretion, whether or not to complete the transaction, and UMB may make additional attempts to debit your Customer Account for the amount. If UMB makes a payment on your behalf, and there are insufficient funds in your Customer Account to cover the payment, you agree that UMB may debit the payment through setoff from another Customer Account you hold at the Bank, as permitted by law and as set forth in other agreements applicable to your Customer Account(s). Availability of funds in any of your other Customer Accounts will not prevent UMB from rejecting a payment and/or you from incurring NSF or overdraft fees if you do not have sufficient funds in the Customer Account to cover a payment instruction. In addition, if your history of NSF activity is excessive UMB may, in our discretion, prohibit you from using the Bill Payment Service.
UMB shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in the Customer Account to process your payment instruction or because of incomplete or inaccurate information. You are responsible for either rescheduling the payment through the Bill Payment Service or making alternate arrangements for the payment.
15. Exclusions and Limitations on Our Liability for Errors in Processing Payments. UMB is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. If you follow the instructions in the paragraph above titled “How to Cancel or Change Payments” regarding how to stop a payment before the payment is initiated, and UMB does not do so, UMB will be liable for your direct losses or damages caused by our failure, except as otherwise limited in this Agreement. However, UMB will not be liable in any way for damages you incur (i) if you do not have sufficient funds in the Customer Account to make the payment on the Process Date, (ii) for delays in mail delivery, (iii) for changes to the Payee's address, account number or bank routing number unless you have advised UMB of the change sufficiently in advance, (iv) for the failure of any Payee to correctly account for or credit the payment in a timely manner, (v) if you have not provided correct payment information, (vi) if you have been advised that the payment processing center is not working properly but you execute a transaction anyway, or (vii) for any other circumstances beyond our control.
UMB is not liable for damages other than direct damages you may incur if UMB does not make a payment in accordance with this Agreement, such as incidental or consequential damages.
16. Security Procedures.
UMB may from time to time employ various analytical tools and procedures that are designed to assist in identifying suspicious behavior and potentially unauthorized instructions and communications. Our use of those tools and procedures constitute security procedures, even if the specific tools and procedures used have not been disclosed to you. If, based on our use of those tools and procedures or for any other reason, UMB suspects a bill payment instruction may be unauthorized, then UMB may seek additional confirmation of the authenticity of that instruction even if that instruction otherwise satisfies said security procedures. These security procedures are not designed to detect errors in the transmission or content of bill payment transactions. You are solely responsible for any such errors (including any duplicate instructions or communications and any resulting duplicate payments). You will be bound by any bill payment instruction that UMB receives in your name and accept in good faith and in compliance with UMB’s security procedures, whether or not you authorized that instruction. In addition, you will be bound by any bill payment instruction actually authorized by you, whether or not UMB complied with its security procedures in accepting that instruction.
17. Accuracy of Instructions; Completeness of Information. UMB has no obligation to review a bill payment instruction for inconsistencies or to confirm its accuracy or completeness. If a bill payment instruction describes the Payee and the Payee's verifiable address, UMB and other financial institutions may process that instruction on the basis of the verifiable address, rather than the name on the account, even if the account number identifies a different person, account name, or bank. You are solely responsible for any such inconsistency and the accuracy and completeness of each bill payment instruction that you send UMB. You will provide UMB with all of the information UMB is required to obtain under the Bank Secrecy Act, the USA Patriot Act, and any other applicable Federal or State laws or regulations. You warrant that all the information that you provide to UMB in connection with a bill payment transaction is accurate and complete.
18. Rejection of Bill Payment Instruction. UMB may reject a bill payment instruction if: (a) it is not given, or could not be accepted, in compliance with the Security Procedures; (b) UMB requests, but does not receive, satisfactory additional confirmation of the authenticity of the instruction; (c) the number of "invalid" attempts, as established by UMB from time to time, were exceeded in connection with that instruction; or (d) UMB believes in good faith that the instruction:
(1) is not complete, correct, accurate or timely; (2) does not comply with this Addendum; (3) exceeds the available balance of collected funds in your Customer Account; (4) conflicts with another request or instruction; (5) is not genuine; (6) relates to funds or a Customer Account over which there is a dispute or which are subject to legal process, hold, or other restriction on withdrawal; (7) results from a breach in the confidentiality of the Security Procedures; (8) relates to a Customer Account or the Bill Payment Service that is being used for, or is the target of, fraudulent or illegal activity; or (9) violates applicable law or would cause UMB to violate applicable law or otherwise exposes UMB to liability or other risks that UMB deems unacceptable. UMB's right to reject a bill payment instruction as described above does not impose on it any obligation to detect or notify you of any such circumstances. UMB will attempt to notify you through the UNIFIMONEY Dashboard or by telephone, e-mail or other electronic means that it has rejected a bill payment instruction. UMB is not liable for any such rejection, for any delay in giving you notice of such rejection, or for any late fees, penalties, or other losses that you may incur as a result of such rejection. You are solely responsible for reinitiating a bill payment instruction that has been rejected.
19. Cancellation of Payment Orders. UMB is under no obligation to revoke or attempt to undo a bill payment transaction once it has executed the payment instructions. UMB will make a reasonable effort to comply with a revocation request it receives prior to the execution of the instructions provided that you have given UMB sufficient notification and a reasonable opportunity to act upon the revocation request, and UMB can verify that the revocation request has been made in accordance with the Security Procedures. You indemnify and hold UMB harmless for all claims, losses, damages, liabilities and expenses, including attorneys' reasonable fees and expenses, that UMB may incur in connection with any such revocation request.
20. Consumer Liability. You must advise UMB AT ONCE if you believe your password or login information for your UNIFIMONEY Dashboard (your “Credentials”) have been lost or stolen, or if you believe that a bill payment has been made without your permission (an “Unauthorized Transfer”) by phoning UMB or notification through the UNIFIMONEY Dashboard as provided below. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Customer Account. If you tell UMB within two (2) Business Days after you learn of the loss or theft of your Credentials, you can lose no more than $50 if someone used your Credentials without your permission.
If you do NOT advise UMB within two (2) Business Days after you learn of the loss or theft of your Credentials, and UMB can prove it could have stopped someone from using your Credentials without your permission if you had told UMB, you could lose as much as $500.
Also, if your Account Statements show bill payments that you did not make, including those made with your Credentials or other means, tell UMB at once. If you do not tell UMB within sixty (60) days after the Account Statements were made available to you, you may not get back any money you lost after the 60 days if UMB can prove that it could have stopped someone from taking the money if you had told UMB in time. If a good reason (such as a long trip or a hospital stay) kept you from telling UMB, UMB will extend the time period.
21. Contact in Event of Unauthorized Transfer. If you believe your Card or your Credentials have been lost or stolen, call: 888-909-0586 or contact email@example.com. You should also call that number or write to that email address if you believe an Unauthorized Transfer has been made.
22. Business Days. UMB’s Business Days include any day the Federal Reserve Bank of Kansas City is open for business, generally each day other than each Saturday, Sunday and Federal holidays.
23. Fees. UMB does not charge any fees for bill payments or the Bill Payment Service.
24. Confidentiality. UMB may disclose information to third parties about your Funding Account or the bill payments you make:
(a) Where it is necessary for completing bill payments;
(b) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
(c) In order to comply with government agency or court orders;
(d) If you give UMB your written permission;
(e) To UNIFIMONEY pursuant to the Agreement; or
(f) Otherwise in accordance with the Agreement.
25. Documentation. You will receive monthly Account Statements that will be electronically available via the UNIFIMONEY Dashboard.
26. Error Resolution Notice. In case of errors or questions about your bill payments, telephone UMB at 888-909- 0586 or email UMB at firstname.lastname@example.org, as soon as you can, if you think your Account Statement is wrong or if you need more information about a bill payment listed on the Account Statement. UMB must hear from you no later than sixty (60) days after the FIRST statement on which the problem or error appeared was made available to you.
(a) Tell UMB your name and Funding Account number.
(b) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information.
(c) Tell UMB the dollar amount of the suspected error.
If you tell UMB orally, UMB may require that you send UMB your complaint or question in writing within ten (10) Business Days after UMB hears from you and will correct any error promptly. If UMB needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question. If UMB decides to do this, it will credit your Funding Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes UMB to complete its investigation. If UMB asks you to put your complaint or question in writing and does not receive it within ten (10) Business Days, UMB may not credit your Funding Account.
For errors involving new Funding Accounts, UMB may take up to ninety (90) days to investigate your complaint or question. For new Funding Accounts, UMB may take up to twenty (20) Business Days to credit your Funding Account for the amount you think is in error.
UMB will tell you the results within three (3) Business Days after completing its investigation. If UMB decides that there was no error, it will send you a written explanation. You may ask for copies of the documents that UMB used in its investigation.
27. Additional Terms and Conditions. The provisions of this Addendum supersede any prior agreements, whether oral or written, relating to bill payments from your Customer Account. This Addendum supplements the provisions, and supersedes any conflicting terms, of the Agreement.
UMB will direct all instructions and notices relating to this Addendum to you as provided in the Agreement. You must deliver your notices relating to this Addendum to UMB at email@example.com or by calling 888-909-0586. Each such notice will be considered given when UMB receives it.
If you commence or suffer commencement of a proceeding under the United States Bankruptcy Code, you must provide immediate verbal and written notice thereof to UMB. Upon commencement of any such proceeding, any obligation on UMB's part to perform under this Addendum will terminate.
This Addendum is to be construed in accordance with Article 4A of the Uniform Commercial Code, as amended from time to time. Except as governed by Federal law, this Addendum will be governed by the laws of the State of Missouri.
UMB reserves the right to electronically record any telephone conversation that it has with you related to the Bill Payment Service. By entering into this Addendum, you consent to UMB recording such conversations, and you agree to the terms and provisions of this Addendum.
By clicking "I agree" below, you request the Bill Payment Service and agree to be bound by the terms and provisions of this Addendum including the Security Procedures. You certify that: (a) you are the owner of the Customer Account identified in connection with your request for the Bill Payment Service; (b) all of the information provided in this Addendum is accurate and correct; (c) you have received an electronic copy of this Addendum and the Agreement, and agree to each of their terms and provisions. Except as expressly modified in this Addendum, the Customer Agreement remains unchanged, and you hereby confirm and ratify your acceptance of these agreements.