"Authorized User" is any individual which you allow to use the Service or your password or other means to access your Payment Account. "Agreement" means these Terms and Conditions of the Service. "Bill Delivery" means the presentation to you by the Service of a Biller Account statement from your Biller for you to view and/or pay. "Biller Account" means the account you have directly with City of Hot Springs Municipal Utility (HSMU) related to the services provided to you by that Biller. "Bill Payment" is a payment that is initiated by you through the Service to the Biller related to your Biller Account. "Biller" is the entity to which you wish a payment to be directed through the Service. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays. "Due Date" is the date reflected on your Biller statement for which the Bill Payment is due; it is not the late date or grace period. “Mobile Alerts Program” is a function of the Service whereby SMS messages are sent to your mobile phone to serve as additional notifications of system events. "Payment Account" is the checking account or credit card account from which payments will be debited. "Payment Instruction" is the information provided by you to the Service for a payment to be made to the Biller (such as, but not limited to, Biller name, Biller Account number, and Scheduled Payment Date). "Scheduled Payment" is a Bill Payment that has been scheduled through the Service but has not begun processing. "Scheduled Payment Date" is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited . "Service" means the Bill Delivery and Bill Payment services offered by your Biller through FirsTech. "We," "us," and "our" refer to the Service and FirsTech. "You" and "your" refer to the individual that is utilizing the Service.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
You authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives. For Bill Payments only, if you choose to utilize a Payment Account that is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You certify that any Payment Account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The Service"s 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;
- If, through no fault of the Service, a Biller that makes available to you split-payment functionality (in which your payment may be split and allocated in various ways that such Biller may offer) does not split and/or allocate the payment in accordance with your Payment Instruction;
- You have not provided the Service with the correct Payment Account information; and/or
- Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) that prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions 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 Biller 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 Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods include, but are not limited to, an electronic payment, via ACH, debit cards and credit cards.
In using the Service, you are requesting the Service 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, if there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Biller directly if you do not receive your Biller statement.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain account information from the Biller on your behalf.
Notification - The Service will use its best efforts to present your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account, or a text message to the mobile number you provide, should your biller support that functionality and you elect to use it. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Service and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The Biller reserves the right to cancel the presentment of electronic bills at any time; and the Service shall have the right to immediately discontinue presentment of electronic bills without notice to you in such an event.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Biller.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access the Service to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access the Service, you are responsible for any transactions they authorize. If you believe that your password or other means to access the Service 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 your Biller"s customer care department at once during their customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
Your Biller will be performing customer care functions for the Service. Thus, if you believe there have been unauthorized transfers related to your Payment Account and/or Biller Account related to the Service, you should notify your Biller"s customer care department directly. If your monthly financial institution contains transfers through the Service that you did not authorize, you must tell your Biller at once. If you do not tell your Biller within ninety (90) days after the statement was sent to you, you may lose any amount transferred through the Service without your authorization after the ninety (90) days if we can prove that we could have stopped someone from taking the money had you told the Biller in time.
You agree that the information you provide to the Service can go through a verification process. You agree that the Service reserves the right to obtain financial information regarding your Payment Account from your financial institution (for example, to resolve payment posting problems or for verification).
SERVICE FEES AND ADDITIONAL CHARGES
Any fees associated with your Payment Account will continue to apply from the applicable financial institution or credit card issuer. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your utilization of the Service, including but not limited to any text message fees associated with bill delivery by text message. When applicable, your Biller will add any applicable fees and/or charges for the Service to your Biller Account and you are responsible for payment of such fees and charges for your use of the Service.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile that you establish is current and accurate. This includes, but is not limited to, name, address, phone number(s) and e-mail address(es). Any changes in your Payment Account should be made in accordance with the procedures outlined within the application"s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
By accepting these Terms and Conditions, you agree to receive all notifications relating to the Service in electronic form delivered within the Web site through which the Service is delivered or by email to the e-mail address listed for your account, or to your mobile phone or device as an SMS message. It is your sole responsibility to ensure that the e-mail address and mobile phone number listed for your account are accurate and current.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
The Web pages and Web applications hosted by FirsTech require a minimum (or higher) Web browser of Microsoft Internet Explorer 7, Mozilla Firefox 3.6, Apple Safari 4, Google Chrome 10, or other Web browsers that are fully compatible with those listed.
Additional Privacy Disclosures With Respect to the Mobile Alerts Program
You acknowledge that in connection with your use of the Service, the Biller and its affiliates and service providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Biller and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Biller and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions, and any applicable Software license, but disclaims any obligation to monitor, filter, or edit any content.
How We Keep Your Information Secure
To ensure that your Personal Information remains confidential, FirsTech maintains physical, electronic, and procedural safeguards to help prevent unauthorized access to your Personal Information. We update and test our technology frequently to improve these protections and to ensure the integrity of your Personal Information.
FirsTech has policies and procedures that limit employee access to your Personal Information to those with a business reason to have such information. We educate our employees about the importance of confidentiality and customer privacy, and we take appropriate disciplinary measures to enforce our privacy practices.