|Payment Center User Agreement
This User Agreement sets forth the terms and conditions for your use of the Bank of America Payment Center. You also agree that your use of the Payment Center is subject to the additional information set forth on the individual web pages in the Payment Center. The words "you" and "your" refer to you as the person or business entity entering into the Payment Center User Agreement; the words "we," "us," "our" and any other variation thereof refer to Bank of America, service providers and agents
1. Invoices. Certain merchants and other parties with whom you do business may elect to make their invoices available in the Payment Center. The Payment Center also provides a variety of record keeping functions to help you manage these invoices.
2. Payments. You may make payments for any invoice submitted to the Payment Center. You may initiate the payments from your checking account at most financial institutions. We may provide you with different payment options. For example, we currently provide options for how fast you want your payment delivered. Some of these options may be subject to fees which will be shown to you before you complete a payment transaction. See the payment screens for more details. (Can we also refer to FAQs or a Help file?) The Payment Center also provides a variety of record keeping functions with respect to the payments you schedule through this service.
3. When you schedule a payment, you will designate a "send on" date. This is the date on which we will initiate the payment. You may cancel any scheduled payment by following the instructions in the Payment Center by 11:59 p.m. ET on the "send on" date.
4. When you schedule a payment, you agree to have sufficient funds in the account you designate on the "send on" date you selected.
5. When you initiate a payment in the Payment Center, you authorize the payee to debit the deposit account you designate through the Automated Clearing House or similar electronic clearing system. You agree that your payment will be subject to the rules of the National Automated Clearing House Association or other applicable clearing system as in effect on the "send on" date.
6. We may from time to time establish dollar limits on payments you schedule in the Payment Center, and on the total amount of payments that may be scheduled to a single payee by all participants in the Payment Center. We will notify you if you try to exceed any of these limits before you complete a transaction. You agree that you have not completed a transaction until we provide you with a confirmation number.
B. Your Online Identification and Passcode
We have provided you with an online identification and passcode as part of your enrollment in the Payment Center. You agree to: 1) keep your online identification and passcode secure and strictly confidential, providing only to persons authorized to access the Payment Center and make payments on your behalf; 2) instruct each person to whom you give your online identification or passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new online identification and passcode if you believe either may have become known to an unauthorized person. Bank of America will have no liability to you for any unauthorized payment or transfer made using your online identification and passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your online identification or passcode even without receiving such notice from you, if we suspect use in an unauthorized or fraudulent manner.
No one at Bank of America will ever contact you to ask for either your Online Identification or Passcode.
D. Your Agreement
You agree that: 1) all of the information you have provided or will provide in connection with the Payment Center is true and correct; 2) you are an authorized signer on any deposit account you use to make payments through the Payment Center; and 3) if you are a business, that the individual who enrolled on your behalf has authority to enter into this Agreement on behalf of the business.
E. Cancellation of this Agreement
We may cancel this Agreement at any time without prior notice to you. You may cancel by notifying us at the address or telephone number listed below. Any payment with a "send on" date after the effective date of cancellation will not be made and you will be responsible for making alternative payments.
F. Change in Terms
We may change any of the terms of this Agreement, or any information provided on the individual web pages, at any time and subject to only such notice as may be required by law. All notices will be provided only within the Payment Center. Any change will not apply to payments with a "send on" date prior to the effective date of the change.
G. Limitation of Liability
We are not responsible for any information contained on the invoices presented with the Payment Center, or for the proper crediting of payments by any payee. If you have any questions about an invoice, you should contact your payee directly. We are also not responsible for actions taken by the financial institution where you maintain the deposit account used for payments, for example the imposition of fees for any payments made with insufficient funds. Unless otherwise required by law, in no event will we be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.
H. Your Responsibility for Errors
You understand that we must rely on the information provided by you in order to complete any payments. We are not obliged to take any further steps to confirm or authenticate the information and we will act on the information you provide without getting further confirmation. You understand and agree that we will not be responsible to you for losses resulting from any of your errors, ambiguities or fraud in the information that you provide. You agree to indemnify, defend and hold us harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from our reliance on the information provided by you or from your violation of this Agreement.
I. Choice of Law
This Agreement shall be subject to the laws of the United States and to North Carolina.
If you have any questions about our service or wish to provide us notice of an error in a payment or to cancel this Agreement, contact us at 1.800.353.3824 or by mail at the following address:
Bank of America
Electronic Banking Services
P.O. Box 655961
Dallas, TX 75265-9964