RCU Bill Pay Terms and Conditions

TERMS AND CONDITIONS
OF THE WEB BILL PAYMENT SERVICE

BILL PAYMENT SERVICE

As used in this Agreement, the term "Payee" means the biller to whom you wish a bill payment to be directed; "Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date, etc.); "Payment Account" means your checking account from which all bill payments will be made; "Business Day" means Monday through Friday, excluding Federal holidays; "Scheduled Payment Date" means the Business Day of your choice upon which your bill payment will be made and your Payment Account will be debited; and "Cutoff Time" means 8:00 p.m., Eastern Standard Time on any Business Day and is the time by which you must transmit instructions to have them considered entered on that particular Business Day.

By providing the Payment Service (hereafter referred to as "the Service") with the names and account information of those persons to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives through the payment system. When the Service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf so that the funds arrive as close to the Business Day designated by you as reasonably possible.

While it is anticipated that most transactions will be processed four (4) Business Days before your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your account.

For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than five (5) Business Days before the actual due date, not the late date and/or a date in the grace period. (For example, the payment should be entered no later than Monday before 8 p.m., Eastern Standard Time, for a payment to arrive on Friday.) Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and the Service fails to send a payment according to the Payment Instructions received, the Service will bear responsibility for all late charges. In any other event, including but not limited to choosing a Scheduled Payment Date which is not five (5) Business Days before the due date or on or past the due date stated on your invoice, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

A bill payment is "In Process," starting at the Cutoff Time on the fourth Business Day prior to the Scheduled Payment Date and continuing up to the Scheduled Payment Date. A bill payment is a "Pending Payment," starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "Completed" on the Business Day you selected as the Scheduled Payment Date. You may cancel or edit any Pending Payment (including recurring bill pay payments) by following the directions within the application. There is no charge for canceling or editing a Pending Payment. We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is In Process and it is not possible to stop or cancel a payment which is completed. If you desire to cancel or stop any payment which is "In Process" you must call Customer Care at the phone number provided on RCU's web site. Although we will make every effort to accommodate your request we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. The charge for each stop payment order will be the then current charge for such service as set out in the Fee Schedule.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:

• If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the payment or transfer or the transfer would exceed the credit limit of your overdraft account;
• The bill payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
• The merchant mishandles or delays a payment sent by the Service;
• You have not provided the Service with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
• Circumstances beyond the Service's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing five (5) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a person or entity which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to the proper recipient any previously misdirected payments or transfers.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.

PROHIBITED PAYMENTS

The following payment types are prohibited through the Service:

1. Tax Payments
2. Court Ordered Payments
3. Payments to Payees outside of the United States

PASSWORD AND SECURITY

You agree not to give or make available your Password, User Name or Personal Security Code (PSC) to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your Password, User Name, or PSC, you are responsible for any transactions they authorize from your deposit and credit accounts. If you believe that any or all of your security codes 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 RCU at once by calling (800) 479-7928, during normal member service hours. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS If you tell us within two (2) Business Days after you discover any or all of your security codes have been lost or stolen, and someone uses your security code(s) without your permission, you can lose no more than $50.00. If you fail to notify the Service within two (2) Business Days after you learn of the loss or theft of any or all of your security codes, and we can prove that we could have prevented the unauthorized use of your security codes had you notified us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization, after the sixty (60) days, if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

• In case of errors and questions about your electronic transfers or payments, you should:
• Telephone us during normal member service hours at (800) 479-7928
• or fax us at (707) 571-8560
• Write to us as soon as you can:
  Automated Services Department Redwood Credit Union
  PO Box 6104
  Santa Rosa, CA 95406-6104

If you think that your statement is wrong or you need more information about a bill payment listed on the statement, we must hear from you no later than (60) days after you received the FIRST statement on which the problem or error appeared.

You must:

1. Tell us your name and Service 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, and
3. Tell us the dollar amount of the suspected error

If you tell us in person or by telephone, we may require that you send your complaint in writing within ten (10) Business Days after providing verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate the complaint or question (90 days if your account has been open with us less than 30 days). If we decide to do this, we will credit your Payment Account within ten (10) Business Days (20 business days if your account has been open with us less than 30 days) for the amount you think is in error, so that you may 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 ten (10) Business Days, we may not credit your Payment Account. We will mail you a written explanation of the results of our investigation within three (3) Business Days after we finish it, whether or not we made an error. You may ask for copies of documents, which we used in our investigation. The service may revoke any provisional credit provided to you if we find that an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transfers you make ONLY in the following situations:

Where it is necessary for completing transfers, or:

1. In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant, or
2. To a consumer reporting agency for research purposes only, or
3. In order to comply with a governmental agency or court orders, or
4. If you give us your written permission

CHARGES

If you request the Service, Redwood Credit Union will charge you $3.00 in any month in which you do not use it. The fee will be deducted from your Payment Account. Redwood Credit Union will not charge a fee in any month in which you use the Service. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.

IN THE EVENT A SERVICE TRANSACTION IS RETURNED

In using the Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, however, you will receive a return notice from your credit union. In this case, you agree that a return fee may be charged in accordance with the established service fees of your credit union.

ALTERATIONS AND AMENDMENTS

The terms of this Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall send notice to you at your address as it appears on the Service's records. Any use of the services after the service sends you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the programs, services, and/or related material which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the bill payment programs, services, and/or related material and limit access to the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES

You agree to promptly notify in writing the Member Service Department of any address change. Additionally, you agree to notify the Member Service Department in writing at least ten (10) Business Days in advance of any change in your Payment Account.

TERMINATION OR DISCONTINUATION

In the event you wish to discontinue the Service, you must contact RCU's Member Service Department in writing. Written notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date.

The Service may terminate service to any individual at any time for any reason not prohibited by law. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

MERCHANT OR PAYEE LIMITATION

The Service reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court related payments or payments outside the United States, which are prohibited under this Agreement.

INFORMATION AUTHORIZATION

Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

GOVERNING LAW AND AGREEMENTS

This Agreement shall be governed by and construed in accordance with the laws of the State of California and applicable federal law, including Federal Reserve Regulation E. This Agreement, the Agreement governing your Payment Account with the Credit Union, and your general agreements as a member of Redwood Credit Union must be read together as your whole Agreement with the Credit Union regarding your use of the Service. If any provision of this Agreement is unenforceable, the remaining provisions shall remain in full force and effect.

COLLECTION; COLLECTION COSTS

If your use of the Service results in your becoming indebted to the Credit Union (such as by overdrawing your Payment Account), you agree that if you do not pay what you owe the Credit Union upon our written demand, we can take funds from any Redwood Credit Union account in which you have an interest to recover all or part of what you owe us without further notice to you. Our taking funds from your other accounts will not waive our right to pursue any other means available to us to collect what you owe. This consent by you is in addition to any statutory right of offset that may be available to us. You agree to pay reasonable collection costs we incur before we take legal action. If we take legal action to collect what you owe us, you agree to pay our reasonable attorney's fees and costs of suit in addition to any other remedy the court finds proper, whether the legal action we take is a collection lawsuit, a proceeding to protect our interests if you become a debtor in bankruptcy, or any other type of legal action.