These terms and conditions constitute the agreement ("Agreement") between you and Bank of Kansas City ("Service Provider") with respect to the provision of Online BillPay Services (the "Service") to you. Your authorized signature and use of the Service constitutes your agreement to be bound by the terms of this Agreement and that your contract is with the Service Provider, who is responsible to you for the provision of the Service. In this Agreement the words "you" and "yours" means the entity that applied for the Service and the terms "us" and "we" means the Service Provider. This Agreement is in addition to other agreements between the parties.
Online BillPay Service allows you to pay bills and send money to other people using a personal computer. By providing the Service Provider with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Service Provider to follow the payment instructions that it receives from you through the bill payment program.
Payments made Electronically - When the Service Provider receives a payment instruction for a payment(s) that will be sent electronically, you authorize the Service Provider to charge your transaction account on the selected Process Date and remit funds to the designated payee on your behalf. The payment is estimated to arrive in 2 Business Days or before. The Service Provider is not responsible for any delays on the part of the recipient, postal service, or applicable delivery methods.
Payments made via Paper Check - When the Service Provider receives a payment instruction for a payment(s) that will be sent via a paper check, you authorize the Service Provider to process a paper check containing your transaction account routing number and transaction account number to the designated payee on your behalf. The funds will remain in your transaction account until the check has cleared. The payment is estimated to arrive in 5 Business Days or before. The Service Provider is not responsible for any delays on the part of the recipient, postal service, or applicable delivery methods.
You agree that the Service shall only be used for commercial purposes and that you shall not use the Service as an individual consumer.
The Process Date is defined as the Business Day you request the Service Provider to process the payment. Although you can enter payment instructions through Online BillPay 24 hours a day, 7 days a week (excluding maintenance and other availability windows), payments will only be "processed" on Business Days. If you select a Process Date that is not a Business Day, the payment will be processed on the previous Business Day. If the previous Business Date has already passed, you will need to enter a Business Day in the future.
A Business Day is defined as Monday through Friday up to 7:00pm (Central Time) excluding weekends and holidays.
All authorized payments will be processed on the Business Day you select. The payment will be sent electronically or by mail on the next Business Day.
You agree that all Process Dates selected by you be at least seven Business Days before the actual "payment due date". Payments may be made only to payees with a U.S. payment address. The Service may not be used for the following types of payments:
Bill payments are limited to $25,000 per payment and other such limitations as to amount and number as may be determined by us from time to time.
You may distribute your Online Password to individuals within your organization, however, you are fully responsible for any and all actions by such individuals as it relates to the Service and their use thereof. We will not contact you via email or phone requesting your Online Password. If you are contacted by anyone requesting this information please contact us immediately. You agree to take adequate measures to guard against unauthorized access to your Online Password. If you believe that your Password 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 Service Provider at once by calling an ExpressBanker at (866) 836-0846. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. Unless otherwise provided in this Agreement or as required by law, you agree to be fully liable for all losses which may arise from unauthorized transactions.
In case of errors and questions about your electronic transfers or payments, you should contact us as soon as possible by:
If you think that your statement is wrong or you need more information about a transfer listed on a statement, you must notify us no later than sixty (60) days after the date on the first statement on which the problem or error appeared.
If you tell us anything under this Agreement or about the Service orally, we may require that you send your statements in writing within ten (10) Business Days. 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 account. You agree to assist us in the discovery and resolution of issues related to errors or unauthorized use.
We will disclose information to third parties about your account or the transfers you make only in the following situations:
As a user of the Service, you will be charged a fee in accordance with the prevailing rates found at www.bankofkansascity.com, which may be changed from time to time. For other charges applicable to your deposit account, refer to your product brochure.
You will get a monthly account statement. However, with respect to a savings account, if there are no electronic funds transfers in a particular month, you may not get a statement monthly but you will get a statement at least quarterly.
Federal regulations require limitations on the frequency of preauthorized and "telephone transfers" from savings accounts and money market deposit accounts. ("Telephone Transfers" as used in this paragraph refers to transfers initiated through Online Banking, Online BillPay, 24 Hour ExpressBank and those initiated by telephoning the Service Provider and instructing Service Provider personnel to transfer funds from your savings or money market deposit accounts). Additional information can be found in the product brochures.
If we do not initiate a payment on time or in the correct amount, we will be liable for your losses and damages according to our Agreement with you and as provided by law. However, there are some exceptions to this liability. For instance, we will not be liable to you in the following circumstances:
Our liability is explained in any agreements, notices and disclosures that we separately provide to you from time to time regarding your accounts and the Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Services as expressly stated in this Agreement and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Services.
Unless otherwise required by law, in no event will Service Provider or its affiliates be liable to you for special, indirect, punitive, or consequential damages including, without limitation, lost profits and attorney's fees, even if we are advised in advance of the possibility of such damages.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
If you have told us to make payments out of your account and you wish to cancel any of these payments, this can be done in the Upcoming Payments tab in Online BillPay for all payments that appear in the list of upcoming payments. Payments can be canceled on or before the Process Date up until the time they are processed. If you order us to stop one of these payments in accordance with the above, and we do not do so, we will be liable for your losses or damages.
For Payments Made Via Paper Check Only - If a payment was processed via a paper check, it can be stopped through the stop payment process by calling the 24-Hour ExpressBank.
In using the Service, you are requesting the System Provider to make payments for you from your Bank of Kansas City account. If we are unable to complete the transaction due to insufficient funds or because the transaction exceeds the credit limits on overdraft lines of credit associated with your account, the payment transaction may not be completed.
For Payments Made Electronically - If there are insufficient funds in your transaction account on the Process Date, we will attempt to process the payment again on the next two Business Days. If there are still insufficient funds, the payment transaction may not be completed.
For Payments Made Via Paper Check - Payments will be processed regardless if there are sufficient funds in the transaction account at the time the payment is processed. You will need to make sure funds are in your transaction account at the time the check is presented to avoid fees.
If a transaction is cancelled due to insufficient funds for any reason, you are responsible for checking the status of payments in your account.
The Service Provider reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Service Provider 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 the following types of payments, which are prohibited under this Agreement:
You agree that the Service Provider reserves the right to obtain financial information regarding your account from a merchant, another payee or financial institution to resolve payment-posting problems.
The terms of this Agreement, applicable fees and service charges may be altered or amended by the Service Provider from time to time. In such event, the Service Provider will post the amended terms or conditions on the sign in page on the Web Site. Any use of the Service after the Service Provider posts a change will constitute your agreement to such change(s). Further, the Service Provider may from time to time revise or update the programs, and/or related material which may render all prior program versions obsolete. Consequently, the Service Provider reserves the right to terminate this Agreement as to all such prior versions of the Service, and/or related material and limit access to the Service Provider's more recent revisions and updates of the Service.
You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. We will provide all future notices by posting them on the sign in page for a period of at least 90 days. At your request, we will provide you with a paper copy of any of the documents posted electronically without any fee by calling us at (866) 836-0846. The Service Provider cannot guarantee the receipt of the notices.
In the event you wish to discontinue the Service, you must contact the Service Provider in writing. Written notice of service discontinuance must be supplied ten (10) Business Days prior to the actual discontinuation date and must be sent to:
BOK Financial BillPay Service
P.O. Box 2300
Tulsa, Oklahoma 74192
The Service Provider may terminate use of the Service by any individual at any time. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
In the event of a dispute regarding the Service, you and the Service Provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service Provider which supersedes any prior agreement, representation or warranty, oral or written, and any other communications between you and the Service Provider relating to the subject matter of this Agreement except to the extent that this Agreement may be subsequently modified by the Service Provider posting additional terms or modifications on the Web Site as described under the Alterations and Amendments section of this Agreement above. If there is a conflict between what a Service Provider's employee says and the terms of this Agreement, the terms of this Agreement shall control.
Your use of the Service may also be affected by the agreements between us for your deposit, debit card, credit card and other linked accounts. When you link an account to the Service, you do not change the agreements you already have with us for that account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with this Service.
You may not assign this Agreement to any other party. The Service Provider may assign this Agreement at any time. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service Provider 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 Provider. No delay or omission on the part of the Service Provider 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 right or remedies on future occasions.
The captions of Sections are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws provisions. Any cause of action for a breach or enforcement of, or a declaratory judgment respecting, this Agreement shall be commenced and maintained only in the United States District Court for the Northern District of Kansas or the applicable Kansas state trial court sitting in Kansas City, Kansas and having subject matter jurisdiction.
Each of the persons that establish an Online BillPay relationship on behalf of an entity represents and warrants that he or she has full requisite power and authority to execute and deliver this Agreement on behalf of the entity and to bind such entity to the terms of this Agreement. In any action brought by a party hereto to enforce the obligations of any other party hereto, the prevailing party shall be entitled to collect from the opposing party such party's reasonable litigation costs and attorneys fees and expenses (including court costs, reasonable fees of accountants and experts, and other expenses incidental to the litigation). In the event any provisions of this Agreement, or the application of such provisions to any person or set of circumstances, shall be determined to be invalid, unlawful, or unenforceable, to any extent for any reason, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, or unenforceable, shall not be affected and shall continue to be enforceable to the fullest extent permitted by law. This Agreement, and all provisions of this Agreement shall be deemed drafted by all the parties hereto. This Agreement shall not be interpreted strictly for or against any party, but solely in accordance with the fair meaning of the provisions hereof to effectuate the purposes and intent of this Agreement.
© 2016 Bank of Kansas City, a division of BOKF, NA. Member FDIC. Equal Housing Lender.