Online Banking and BillPay Agreement
Online Banking Agreement
Thank you for choosing Guaranty Bank, which does business as BestBank in Georgia and Michigan (the “Bank”) and enrolling in Online Banking. By accepting this Online Banking Agreement (the “Agreement”), you (you being defined as the signer of this Agreement and any other tax reporting owner or signer listed on the accounts that may be accessed through Online Banking) hereby consent to and authorize
Guaranty Bank providing various documents in electronic form, as defined in greater detail in the Terms and Conditions below.
Terms and Conditions
a. Receipt of all Agreements, Disclosures, and Notices Electronically 1. Consent to Receive Documents Electronically
You consent to, authorize, and agree to allow the Bank to send all agreements, disclosures, and notices electronically. Such documents may include but are not limited to any and all agreements, disclosures, and notices that applicable law, as such laws may be changed from time to time, requires the Bank to provide to you in the past, present, and future.
As agreements, disclosures and notices become available, the Bank will send you an email notifying you of the availability of these agreements, disclosures and notices. If an email notification is returned as undeliverable or you otherwise do not receive this email notification, your agreements, disclosures, and notices will still be available in your Online Banking profile. The date on which you will be deemed to have an agreement, disclosure, or notice made available to you is the date such agreement, disclosure, or notice is posted in your Online Banking profile, whether or not you receive the above-mentioned email notification.
System Requirements
It is your sole responsibility to determine whether your computer or other system meets the hardware and software specifications necessary to utilize Online Banking and receive emails. The Bank does not represent that your computer or other system will be compatible with or otherwise support access to Online Banking. The Bank will not be held liable or otherwise responsible for upgrading or replacing your computer or other system if it fails to meet the hardware and software specifications necessary to access or use Online Banking or providing you any compensation or remuneration for any such upgrade or replacement.
You must have access to the Internet to use Online Banking. Recommended Internet web browsers for use of Online Banking are listed below. Furthermore, you will be required to enable the use of cookies and Javascript and configure your Internet web browser to allow pop ups to appear from the Bank’s website. You will also need Adobe Acrobat Reader in version 10.0 or higher. If you wish to download a free version of Adobe Acrobat Reader, you can do so by visiting http://www.adobe.com.
Operating System Microsoft Internet Explorer Apple Safari ® Mozilla Firefox ® Google Chrome ™
Windows Vista ® 9.0 4.0, 5.0 39.0, 40.0 44.0, 45.0
Windows 7 10.0, 11.0 N/A 39.0, 40.0 44.0, 45.0
Windows 8 10.0 N/A 39.0, 40.0 44.0, 45.0
Windows 8.1 11.0 N/A 39.0, 40.0 44.0, 45.0
Windows 10 Edge, 11.0 N/A 44.0, 45.0
Mac OS X 10.9 (Mavericks™) N/A 7.0 39.0, 40.0 N/A Mac OS X 10.10 (Yosemite™) N/A 8.0 39.0, 40.0 N/A
iPad® N/A 7.1 N/A N/A
The Bank will notify you if the above-described hardware and software specifications in order to use Online Banking changes in a such a way that the above hardware and software specifications are no longer sufficient to use Online Banking.
2. Receipt of Paper Agreements, Disclosures and Notices
a. Paper Agreements, Disclosures and Notices Discontinued
After giving your consent to enroll in Online Banking pursuant to this Agreement and agree to the Online Statements and Notices Agreement, you will no longer be mailed agreements, disclosures and notices to your mailing address. Nevertheless, the Bank reserves the right in its sole discretion to mail agreements, disclosures and notices to your mailing address.
b. Withdrawal of Consent
You have a right to receive agreements, disclosures and notices in paper form. You have a right to withdraw your consent to receive agreements, disclosures and notices electronically at any time. This withdrawal of your consent will be effective to prevent you from continuing to receive these notices in paper form. The Bank will continue to provide agreements, disclosures and notices electronically until we receive notice of your withdrawal of your consent and we then have sufficient time to act to comply with such a request, including but not limited to making necessary changes in our systems to effectuate the change. In order to withdraw your consent, you must give us notice of the withdrawal of your consent. Notice of the withdrawal of your consent can be given verbally or in writing by using the contact information in section 4 below.
3. Rates, Fees, and Charges
You are not charged any rate, fee, or charge for enrolling to receive agreements, disclosures and notices electronically. Furthermore, if the Bank chooses to provide you paper agreements, disclosures and notices and you have not withdrawn your consent to receive these notices electronically under section 2 of this Agreement, you will not be charged a rate, fee, or charge for such paper notices.
4. Bank Contact Information
If you wish to contact the Bank pertaining to any issue with your electronic agreements, disclosures and notices, including but not limited to withdrawing your consent to receive these electronic notices under section 3.b, you may contact the Bank by calling 1-800-235-4636, emailing
online.technical.support@gbmail.com, or sending a written notice or request to Guaranty Bank, Customer Service Center, PO Box 240200, Milwaukee, WI 53224-9010.
5. Authorization to Contact You
You consent to, authorize, and agree to the Bank sending you any and all agreements, disclosures, notices, or any other documentation to the email address you provide us. Accordingly, you represent that you are a duly authorized user of the email address to which such documentation and information will be sent.
6. Information Security a. In General
The safety of your information is not just important, it's vital to our business. Accordingly, the Bank, its affiliates, and unaffiliated third parties that have access to your account information and other financial information have adopted safeguards aimed at preventing threats to the security and integrity of such information. For more information about how information is shared among the Bank, its affiliates, and third parties please refer to the Bank’s Privacy Statement available at the following websites: http://www.guarantybank.com/privacy.aspx, and http://www.bestbank.com/privacy.aspx. Nevertheless,
there are also practical things you can do to avoid your financial information from being compromised and to avoid fraud against you. The below subsections of this section 6 describe your responsibilities to prevent security threats pertaining to your enrollment in Online Banking.
b. Information About You and Your Account Relationship
You represent that you have full authority to provide any information that the Bank requests in connection with your enrollment in Online Banking. You also represent that any information that you are providing in connection with your enrollment is accurate, complete, and does not in any manner misrepresent your identity. Since the Bank will be communicating with you regarding the subject matter of this Agreement, you agree to notify the Bank immediately if you change your contact information in any way.
You also represent that you are (1) a tax reporting owner of or (2) an authorized signer listed on any and all accounts in your Online Banking profile.
c. Your Responsibility to Secure Your Online Banking Information
You agree to take any and all actions necessary to make certain that your Account(s) and information relating thereto are adequately protected from any threats to their security. By way of illustration and not in any way limiting your responsibility in this section, you should
(i) not leave your computer unattended while viewing Online Banking information;
(ii) report any virus, Trojan horse, worm, or other malware that appears to have affected Online Banking IMMEDIATELY;
(iii) log off as soon as you have completed your session;
(iv) not provide any access information, such as a user ID, password, or any other information necessary to access Online Banking to those without a right to obtain information relating to your account(s);
(v) not respond to or otherwise take any action regarding any emails or other requests to provide your personal information except when you contact the Bank itself;
(vi) change your password and other access information on a regular basis;
(vii) use a sufficiently complex password not susceptible to another person guessing your password (such as through the use of numbers, capitalized and uncapitalized letters, and symbols);
(viii) not use your User ID as a password or otherwise commingle access information; and (ix) not use personally identifiable information in your password.
The Bank disclaims any representation or warranty, express or implied, that compliance with the above security recommendations will necessarily protect your accounts and any and all information pertaining to your relationship with the Bank.
7. Limits on Liability and Warranties a. Disclaimer Warranty.
THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE ONLINE BANKING SYSTEM WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF ONLINE BANKING WILL BE UNINTERRUPTED. YOUR USE OF ONLINE BANKING IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ITS USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BANK, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ONLINE BANKING, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF THE BANK OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THE SUBJECT MATTER OF THIS ONLINE BANKING AGREEMENT.
8. Relation to Other Agreements
While this Online Banking Agreement is the complete, entire, and exclusive agreement between you and the Bank pertaining to Online Banking and thus supersedes all prior agreements, arrangements, and understandings pertaining to the terms and conditions covered by this Online Banking Agreement, you agree that you remain subject to any and all other agreements, arrangements, and understandings in connection with the provision of Online Banking by the Bank and the Deposit Disclosures and Account Disclosures governing your accounts with the Bank. This Online Banking Agreement does not in any way amend or supersede any provision of any such other agreement, arrangement, or understanding.
9. Change in Terms and Conditions
The Bank may, without prior notice to you unless required by law, add, delete, or otherwise modify any term or condition of this Agreement at any time. If you continue to use Online Banking after any such modification to this Agreement is made, your continued use of Online Banking will be deemed an acceptance of such modification and you thus agree to be bound by such modified term(s) or condition(s).
10. Execution
This Agreement may be signed in one or more counterparts, each of which shall be an original and all of which shall be taken together as one agreement. The parties agree to conduct business electronically. A digital, facsimile, email, or any other form of electronic signature is valid and effective as if it were a handwritten, ink original signature.
Electronic Funds Transfers
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Consumer Liability. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500 ($50 in Wisconsin).
other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in Event of Unauthorized Transfer. If you believe your card and/or code has been lost or stolen, call us at 1-844-849-4078 or write us at Guaranty Bank, Customer Service Center, PO Box 240200, Milwaukee, WI 53224-9010. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Online Banking Access Service – Transfer Types and Limitations. You may access your account(s) by computer 24 hours a day at www.guarantybank.com or www.bestbank.com using a User ID and password, to:
• transfer funds between accounts (transfers made after 8:00 P.M. CST will be posted the next business day)
• make payments from checking to third parties • get information about:
o balances from checking, savings, money market, or CD accounts o checks that have cleared your account
o most recent deposits or withdrawals o the amount of interest you have earned
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
Limitations on Frequency of Transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
• Transfers from a statement savings account to another account or to third parties by
preauthorized, automatic, telephone, or computer transfer are limited to six per month with no transfers by check or similar order to third parties.
• Transfers from a Money Market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, point-of-sale, or similar order to third parties are limited to six per statement cycle.
Fees. Please refer to our current Account Disclosure for fees.
Confidentiality. We will disclose information to third parties about your account or the transfers you make:
(i) where it is necessary for completing transfers; or
(ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(iii) in order to comply with government agency or court orders; or (iv) as explained in the separate Privacy Disclosure.
Documentation
• Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-800-235-4636 to find out whether or not the deposit has been made.
• Periodic statements. You will get a monthly account statement from us for your checking and money market accounts, unless there is no activity in a particular month. Activity does not include interest postings. In any case, you will get a statement at least quarterly. You will get a monthly account statement from us for your statement savings accounts, unless there are no automatic transfers in a particular month. In any case, you will get a statement at least quarterly.
Preauthorized Payments
• Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed below in time for us to receive your request 3 business days or more before the payment is scheduled to be made.
• Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
• Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution’s Liability
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or
damages. However, there are some exceptions. We will not be liable, for instance:
(i) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(ii) If you have an overdraft line and the transfer would go over the credit limit.
(iii) If the automated teller machine where you are making the transfer does not have enough cash.
(iv) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(v) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(vi)
There may be other exceptions stated in our agreement with you.ATM Operator / Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Error Resolution Notice. In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for VISA Check
Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new
account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for VISA Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you 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 or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation. GUARANTY BANK
CUSTOMER SERVICE CENTER PO BOX 240200
MILWAUKEE, WISCONSIN 53224-9010 Business Days: Monday through Friday
Excluding Federal Holidays Phone: 1-844-849-4078 (toll free)
BillPay Terms and Conditions
The following terms and conditions apply to your use of BillPay (the “Service”). If you do not agree to be bound by these Terms and Conditions, do not access the Service.
Introduction. In the terms and conditions that follow, the terms "you" and "your" will refer to each customer (as defined immediately below) who has contracted with Guaranty Bank (Guaranty Bank does business under the name BestBank in Michigan and Georgia) for the Service, and the terms “the Bank,” "we," "us" and "our" will refer to Guaranty Bank. You will signify your acceptance of this Agreement by enrolling in the Service.
Regulation E of the Electronic Funds Transfer Act applies to the Service. The Regulation provides for certain protections for you, and requires we furnish certain disclosures regarding your rights and liabilities relating to transfers of funds that would be initiated after you enroll for the Service. Those disclosures were furnished to you when you opened your account. With regard to these and subsequent disclosures, (a) you confirm that (1) you can receive electronic mail addressed as indicated, and (2) that your
computer equipment is capable of printing electronic mail and attachments to such mail, and (b) you agree that (1) the copy of these Terms and Conditions, including the incorporated Regulation E
disclosures that you received when you opened your account, will be effective when we transmit it to you, and (2) that any subsequent notices or disclosures will be similarly effective as of the date we send them to you unless we indicate in our communication a later effective date.
Your acceptance of these Terms and Conditions indicates not only that you agree to the foregoing and following provisions, but also that we can change these terms by giving you advance notice of the change (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include (1) modifications to or elimination of any of the then current Terms and Conditions, and (2) adding new terms to these Terms and Conditions. Your continued use of the Service following such a change constitutes your acceptance of the change.
Membership. As a customer, you must have a US address and agree to not use our service in any manner that is illegal or infringing on the rights of others. You may not resell or make any commercial use of our system without our prior written consent.
Intellectual Property. You agree that the Service and other information and materials on the website constitute proprietary trade secrets of the Bank and that all right, title and interest in and to the Service (and any related materials, tools, information and processes), including all intellectual property rights embodied therein, shall at all times remain vested in the Bank and/or its suppliers. The Site is protected by copyright as a collective work, pursuant to United States copyright laws.
Privacy. We will only use such information in accordance with our Privacy Notice. Our Privacy Notice, as may be amended from time to time, is set forth on our website.
Changes to Customer Information. If there is a change in your name, physical address, email address or any other information required of the system, you must promptly update that information by calling 1-800-235-4636 (INFO), or submitting it in writing to Guaranty Bank, Deposit Services, PO Box 240200, Milwaukee WI 53224-9010. Likewise, changes with regard to your Funding Account (as defined below) must also be updated. Otherwise, we will continue to use the old information. We will not be responsible for any mail forwarded by us to your old mailing or email address before you have provided our system with the updated information, nor will we be responsible for problems that may arise if you change your account without updating your information in the system accordingly.
Email Notifications. Our system will initiate email messages to notify you of various events. We will not be otherwise responsible or liable for late payments or other consequences resulting from the non-delivery of email whether the failure is due to communications, network, equipment or other problems beyond our control.
Fees and Charges. We reserve the right to change the fees we charge or to impose new fees upon notification to you in the same fashion as for other changes to these Terms and Conditions. You will be assessed a charge for special services undertaken by us for you. Included in these special services is a fee that you will be charged in the event we have to for any reason issue a stop payment order on any payment that we are making on your behalf. As of the date of issuance of this Agreement, such stop payment fee can be found in the Account Disclosure. You authorize us to automatically charge your designated Funding Account for these amounts and any additional charges, fees, or costs that may be incurred by you under these Terms and Conditions for so long as you maintain an active account with us. Scheduling Payments
Dates
There are two important dates in the bill payment process. In each instance, the date must be on one of our business days. Our business days are every day except Saturdays, Sundays and Federal holidays. The "Deliver By Date"
This is the date on which you want the biller to receive the payment. In many instances, this is the payment due date noted on the biller’s billing statement. However, if the balance you owe the biller bears daily interest, you may want to select an earlier date.
The "Send On Date"
This is the date on which you tell us to make the payment, and the date that funds will be drawn or deducted from your Funding Account.
Selecting Dates
You must select the Send On Date for your payment, or specify a payment rule in the system that automatically selects this date for you, for each bill received. This date should be at least five business days prior to the Payment Due Date to ensure that there is enough time for the biller to receive and post the payment to your account. As we cannot control the US Postal Service or other aspects of the various systems and processes that together ensure that your payments get from us to your billers, we cannot guarantee that any payment will be received by the Deliver By Date, and we are not responsible for any costs, expenses or other damages you incur if your payment is not received by the biller on or before the Deliver By Date. Subject to the other provisions of these Terms and Conditions, we will take responsibility for any late charges that are imposed on you as a direct result of our error, up to a maximum of $50.00 per payment.
Expedited Payments
An expedited payment is delivered faster than a standard payment and a convenience fee will apply. The payee must qualify for an expedited payment through the Bill Payment System. To expedite a payment,
you must enter the payee’s overnight check address. Contact your payee to obtain the payee’s overnight check address, if necessary.
Confirming Payments, Cancelling Payments
Our system, through our website and email alerts, allows you to set up alerts that will notify you of upcoming payments and completed payments as each occurs. You can choose to cancel a one-time or recurring payment up until the time the payment is processed.
Funding Account and Payment Methods. In order to pay any of your bills online, a checking account (‘Funding Account’) from which you want us to make payments for you must be approved by us under our normal approval procedures.
We are responsible for the timely and accurate processing of payments on your behalf following your instructions. Your instructions are deemed to include both explicit authorizations of individual payments that you enter or edit in the system and also your selection of any automated payment rules under the capabilities offered by the system. You are responsible for the accuracy of your instructions. We will not be liable for payments we make or fail to make as a result of our following erroneous instructions from you.
Notwithstanding any instructions from you, we are under no obligation to make any payment on your behalf. Due to legal requirements, we limit the ability to make certain types of payments. Payments to payees outside of the United States are prohibited and may not be issued under any circumstances. We will notify you if you attempt to make any of these payments and we will not be liable if we do not make a payment that you've scheduled. We may also refuse to pay any biller for security reasons or any other reason and we will promptly notify you of any such refusal.
We utilize a number of methods to make payments on your behalf from your Funding Account, and we may add more in the future (each a "Payment Method"). As of the date this version of these Terms and Conditions was prepared, the methods we might use include the following:
(i) Automated Clearing House ("ACH") Entries. When we use this method, we electronically draw the amount of the payment from the Funding Account on the Send On Date, using an ACH. On the Send On Date, again using an ACH, the payment will be forwarded to the biller's bank, for automatic deposit into the biller's bank account and ultimate posting to your account. If your Funding Account does not have available funds to cover the amount of the payment on the Send On Date, you will be notified by email (using the address that we have on record) that your payment was not processed. The payment is considered cancelled at this point and it is your responsibility to reschedule the payment when there are available funds in your Funding Account. The Bank may pay or may NOT pay an item if the funds are not available and overdrafts may apply as disclosed in the Account Disclosure.
(ii) Paper Check. A paper check may be issued for the payment, based on your payee’s ability to receive a payment via ACH. When we use this method, on the Send On Date we issue and mail to the biller a check, using first class United States mail. We will draw the amount of the payment from your account electronically using an ACH on the Send On date. These funds are held in a clearing account in which our paper check is drawn from. If your Funding Account does not have available funds to cover the amount of the payment on the Send On Date, you will be notified by email (using the address that we have on record) that your payment was not processed. The payment is considered cancelled at this point and it is your responsibility to reschedule the payment when there are available funds in your Funding Account. The Bank may pay or may NOT pay an item if the funds are not available and overdrafts may apply as disclosed in the Account Disclosure.
We will not be liable for late or canceled payments or for any related costs, such as finance charges, late payment fees or similar expenses you may incur, as a result of our failure to honor our ACH instructions to transfer funds from your account, regardless of the reason. Note that certain organizations will not accept certain Payment Method(s), in which cases we may be unable to pay a bill on your behalf.
Your Obligation. You remain responsible for monitoring your account with us and your Funding Account. You agree to review and verify transactions made through the Service as often as may be necessary or
appropriate to ensure that all such transactions are made in accordance with your instructions. You must review those transactions as they are reflected within online banking and on the statements of your Funding Accounts and tell us immediately if you believe that we have made an error.
Please notify the Bank at 1-800-235-4636 (INFO) promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your user ID, password or any other personal information. Customers are responsible for maintaining the confidentiality and security of this information.
Error Resolution Notice
In Case of Errors or Questions About a Payment
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH OUR SERVICE MUST BE DIRECTED TO OUR SERVICE AGENT AT 1-855-225-2926 AND NOT TO THE BANK WHERE YOU HAVE YOUR FUNDING ACCOUNT. We are not responsible for the bill payment services described in this Agreement and for resolving any errors in transactions made through our service.
We will not send you a periodic statement listing transactions that you make using our service. The transactions will appear only on your monthly statement(s) for your Funding Account. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE BANK. If you have a question about one of these transactions or if you think an entry on your Funding Account statement is wrong or if you need more information about a transaction initiated through our service, you must email us at GuarantyBank@billsupport.com or
BestBank@billsupport.com or call us at 1-855-225-2926, as soon as you can. We must hear from you no later than 60 days after the date of the transaction.
1. Tell us your name and BillPay account number.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require you to send it to us in writing within 10 business days. We will attempt to resolve the question promptly with you and/or your biller.
We will provide you a written explanation of our findings within 3 business days of the completion of our investigation.
You may ask for copies of any documents we used in our investigation. Electronic Bills (e-bills) Archive Retrieval
• Direct e-bills – The Bill Payment system receives files containing your bill summary information from billers who have established relationships with us. The bills are presented within Bill Pay directly from the biller’s site.
• Indirect e-bills – The Bill Payment system collects your bill information from the biller’s web site, retrieves and stores the bill and presents it within Bill Pay.
• e-Bills Archive Retrieval – The Bill Payment System will store 18 months of bill summary information for all bills. Indirect e-bill images will also be maintained within the Bill Payment System for 18 months. Direct bill images are only available for as long as the biller maintains the images on their website. You have the option to save the pdf or HTML image of your e-bill to your computer or you can rely upon the history stored in the Bill Payment system.
No Liability. We are responsible for the accurate presentation of the data submitted to us in a legible printed or electronic format. If there is an error in the data presented by a biller, we will cooperate with you and the biller in your efforts to correct the problem in a timely manner. We encourage you to review all bill details as soon as a bill is scanned into our system, and to identify problems quickly, if any should arise. Questions about or disputes with specific charges on a bill should be directed to the biller, as we play no
role in the preparation of, or corrections to, your bills. Our sole responsibility relates to the handling of the payments you direct.
If we do not complete a payment on time or in the correct amount according to our agreement with you, we will be responsible for late charges as described above, returning improperly transferred funds to your Funding Account, and/or making the correct payment. However, there are some exceptions. We will not be liable, for example, (1) if through no fault of ours you do not have enough money in your Funding Account to cover the payment, (2) if your computer or the Service was not working properly and you knew about the problem (or had been advised of the problem by us) when you started the payment, (3) if the biller mishandles or delays a payment sent by us, (4) if you provide us with incorrect or incomplete information, (5) if a Force Majeure event (as described below) prevents the transfer, despite reasonable precautions that we have taken, (6) if the Post Office delays the delivery of the payment or (7) if another clause in these Terms and Conditions so provides.
Force Majeure. Except to the extent otherwise required under the Electronic Fund Transfer Act, our delay in or failure to perform any of the services under these Terms and Conditions shall be excused if such delay or failure is caused by strike, fire, flood, earthquake, acts of nature, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control. In such instances, we agree to resume performance of the services as soon as commercially feasible to do.
Indemnification. You agree to indemnify and defend the Bank from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable attorneys' fees resulting from (a) any violation of these Terms of Conditions and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the Service. The Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.
Working With Your Payees. In order for us to resolve issues surrounding payments we did not complete on time, it may be necessary for us to work directly with your payee. In instances where your payee requires your permission or involvement in order to work with us, any refusal on your part to adhere to these requests by your payee negates any liability we have for late charges (as described earlier) you incurred.
EXCLUSION OF WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE STATED IN THIS AGREEMENT, THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND 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.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE BANK BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICE, (2) DIRECT DAMAGES IN EXCESS OF $50.00, OR (3) DAMAGES RELATING TO ANY CLAIM THAT AROSE MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF SUIT THEREON. Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages the above exclusions and limitations may not apply to you. In such states, the Bank’s liability is limited to the greatest extent permitted by law.
Termination of Service. Your notification of termination must be sent to us by email at
online.technical.support@gbmail.com or by calling 1-800-235-4636 (INFO). We reserve the right to terminate your service at any time with or without cause.
Regardless of which party initiates the termination, it is your responsibility to inform your billers to change your billing address to the address at which you wish to receive mail. For scheduled payments in the system:
If the Send On Date for a payment is prior to the close of business on the day we receive your notice, the payment process for that payment will be completed, subject to these Terms and Conditions. Until the time of your official account close, all scheduled payments will be paid unless stopped by you.
Termination shall not affect your liability or obligations under these Terms and Conditions. You will be responsible for payment of all fees incurred prior to and during the billing period in which your termination becomes effective. Your responsibility will also continue with respect to any other amounts that you may owe as of the date of termination or that become due thereafter, as described throughout these Terms and Conditions. Our authority to charge your Funding Account or any other account at the Bank prior to the termination will continue until all amounts you owe us under these Terms and Conditions have been paid in full, even if the amount you owe us was not known at the time of your termination, and regardless of the termination of our general authority to perform the our services for you.
Disputes, Assignment, No Waiver, Governing Law. These Terms and Conditions are the complete and exclusive statement of the agreement between you and us. It supersedes any proposal or prior
agreement, oral or written, and any other communications relating to the subject matter of this Agreement. If there is a conflict between what one of our employees says and these Terms and Conditions, these Terms and Conditions will prevail. You may not assign this Agreement to any other party. 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 the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. These Terms and Conditions will be governed by the laws of the State of Wisconsin.