User Agreement
This Agreement governs the terms and conditions under which North Shore Bank (the
“Bank”) agrees to provide Biller Advantage / Pay Your Loan (the “
Service”). "You" and "your" refer to the individual that is utilizing the Service. For provisions in this Agreement related to either directly providing or indirectly providing individual the Service, reference to “Bank” shall include Fiserv Solutions, Inc. and any affiliates of Fiserv Solutions, Inc. that will assist in providing the Service to you.
SERVICE DEFINITIONS
"
Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"
Payment Account" is the checking or savings account from which your loan payments to the Bank will be debited.
“Non-Registered Users” is the ability to use the Service without user log-in and password credentials. Authentication is required each time Service is used.
“Registered Users” is the ability to use the Service by creating a user log-in and password credentials. Allows user to retain and access payment information in the Service.
AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE
Bank and the provider of the Service will use commercially reasonable methods to authenticate the information that you have supplied during registration. If you use the Non-registered Service, the Bank will authenticate you by validating your answers to several questions each time you use the Service. As the user of this Service, and upon acceptance of these Terms and Conditions, you will have or will be required to submit Payment Account information to the Bank to facilitate the remittance of your loan payment. You represent and warrant that you are an authorized signer on the Payment Account and are authorized to enter into this Agreement and to use the Service. You bear the burden of any legal, regulatory, or otherwise, penalties and fees that may be assessed by supplying false information to the Bank and provider of the Service.
- You must be an authorized signer on the Payment Account from which you choose to make payments to the Bank on your Bank loan.
- You hereby authorize the Bank, to initiate debit entries to your designated Payment Account per the instructions submitted to the Bank. Each time you enter a new Payment Account number, you will be asked to reauthorize the debiting of that specific account. This authorization will remain in full force and effect until the Bank has received written notification from you of its termination. The notice must be provided within such time and manner as to afford the Bank reasonable opportunity to act.
- Your primary address on file with the Bank must be an address located within the 50 states of the United States.
BILL PAYMENT SERVICE
By providing the Bank with your Payment Account information, you authorize the Bank to debit your Payment Account and remit payments to the Bank for application to your Bank loan. When you submit a payment instruction, you authorize the Bank to debit your Payment Account and remit funds to the Bank. Payments received after 5:30 PM Central Standard Time Monday through Friday (
“Cut-off Time”) will be processed on the following Business day.
IN THE EVENT A SERVICE TRANSACTION IS RETURNED
The Bank will use its best efforts to process all of your payments properly. However, neither the Bank nor the provider of the Service shall incur liability and your loan account will not be credited if the Bank is unable to complete any payments initiated by you due to one or more of the following:
- You have not provided the Bank or the provider of the Service with the correct name or account information;
- Your Payment Account does not contain sufficient funds to complete the payment, the payment would exceed the credit limit of your overdraft account, the financial institution at which the Payment Account is located fails to remit funds to the Bank for any reason;
- A legal order directs the Bank to prohibit withdrawals from the Payment Account, or it has been closed or frozen;
- Before you execute the transaction, you know or have been advised by the Bank that a malfunction has prevented the bill payment-processing center (or any part of the funds transfer system or Service) from working properly; or
- Forces beyond the Bank’s control (such as, but not limited to, fire, flood, earthquake, or interference from an outside force) that prevents the proper execution or processing of the payment, though the Service has taken reasonable precautions to avoid such circumstances.
- The loan is deemed to be ineligible by North Shore Bank for payment through this service.
IN NO EVENT SHALL THE BANK OR PROVIDER OF SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF THE BANK OR PROVIDER OF THE SERVICE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE UNLESS CAUSED BY THE WILLFUL MISCONDUCT OF THE BANK OR PROVIDER OF THE SERVICE.
EXCLUSIONS OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your Service user ID or/and password or other means to access your Payment Account to any unauthorized individuals. You are responsible for all loan payments applied to your loan account through use of this Service. If you believe that your payment password or other means to access your Payment Account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once or cancel the Service for your account. Contact can be made to: North Shore Bank, 15700 W. Bluemound Road, Brookfield, Wisconsin 53005, Attn: Customer Support Center. You may contact Bank via telephone by dialing 262-797-3833 or toll free 1-877-672-2265.
ERRORS AND QUESTIONS
In case of errors or questions about your payment transactions, you should notify the Bank in writing immediately. You must do the following:
- Provide your name and account number.
- Explain the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
- Include the dollar amount of the suspected error. If received orally, you may be required to send your complaint in writing within ten (10) business days. Typically, results of the investigation will be communicated within ten (10) business days after receipt of your written notice, and any error will be corrected promptly. If necessary, up to an additional forty-five (45) calendar days may be taken to investigate your complaint or question. If determined that there was no error, a written explanation will be mailed within three (3) business days after the completion of the investigation. If an error is confirmed by the Bank, the Bank will take appropriate corrective action and notify you of the action taken. You may ask for copies of all documents used to complete the investigation
CHARGES
The Bank does not charge you fees to use this Service if you make the payment yourself through this Service. However, if a Bank representative is used to assist in making this payment through this Service, a fee of $10 will be charged. If a payment is returned due to reasons listed above in the IN THE EVENT A SERVICE TRANSACTION IS RETURNED
section, a $36 fee may apply
ALTERATIONS AND AMENDMENTS
The terms of this agreement may be altered or amended from time to time by the Bank. In such event, the Bank shall provide a notice of any material change. Any use of the Service after it provides a notice of a change will constitute your agreement to such change(s). Further, occasionally the Bank may revise or update the programs, services, and /or related materials.
ADDRESS OR BANKING CHANGES
It is your responsibility to ensure that the contact information in your Service profile at the Bank, including, without limitation, the Payment Account information, is current and accurate. Bank is not responsible for any payment processing errors or fees incurred arising out of or related to inaccurate Payment Account or contact information provided by you to the Bank.
TERMINATION OR DISCONTINUATION
The Bank may terminate your use of this Service at any time. You may terminate or discontinue your use of this Service at any time.
ASSIGNMENT
You may not assign your rights or obligations under this agreement to any other party. The Bank reserves the right to terminate access to any account(s) enrolled in the Service at any time.
NO WAIVER
Any waiver by Bank on any one or more occasions shall not be construed as a bar or waiver of any of Bank’s rights or remedies on future occasions.
PAYMENT CANCELLATION/VOID REQUESTS
You may cancel or void any payment provided it is requested on the same business day it was originally made and before the Cut-off Time on that day; however, thereafter the ability to process a request to cancel or void a payment is not available through this Service.. You must contact our Customer Support Center for questions regarding a cancelled or voided same day payment. You may contact Bank via telephone by dialing 262-797-3833 or toll free 1-877-672-2265.There is no charge for canceling or voiding a payment. Once a payment is being processed, it cannot be cancelled or voided.
GOVERNING LAW
In addition to these terms and conditions, you agree to be bound by and will comply with the requirements of National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations
This agreement shall be governed by and construed in accordance with applicable federal laws and, to the extent applicable to the Bank, the laws of the State of Wisconsin, without regard to its conflicts of law’s provisions. Any action or proceeding arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) court located in Milwaukee County. The choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between parties with respect to, or arising out of, this Agreement in any venue or jurisdiction other than specified in this section. Each party waives any right it may have to assert the doctrine of forum non convenes or similar doctrine or to object to the venue with respect to any proceedings brought in accordance with this section.