FIRST NEW YORK FEDERAL CREDIT UNION
BILL PAYMENT SERVICE AGREEMENT

NOTE: All references in this document to the terms "Bill Payment Services" and/or "the Service" reflect the Electronic Bill Payment Services of First New York Federal Credit Union.

  1. Electronic Disclosure and the Terms and Conditions Agreement for Electronic Bill Payment Services. I acknowledge electronic receipt of the Terms and Conditions Agreement associated with First New York Federal Credit Union's Electronic Bill Payment Services and agree that I have read and will abide by this Agreement. I also agree that the Credit Union does not need to provide me with an additional non-electronic copy of this Agreement unless specifically requested. Further, I understand that a copy of this Agreement is available through the First New York Federal Credit Union website and can be printed by using my browser's print command and a printer.
  2. Enrollment Request for Bill Payment Services. First New York Federal Credit Union reserves the right to refuse enrollment in this Service to any member who does not meet the Bill payment Service criteria which have been established by the Credit Union. Included in this criteria is a requirement that users of this Service must reside within the fifty United States.  
  3. Bill Payment General Requirements. (1) You must have a First New York Federal Credit Union Share Draft Checking Account opened and in good standing to use the Bill Payment Service; (2) You may only have one Bill Payment account per social security number; (3) You agree to pay promptly all fees and charges for services provided by the Service and authorize us to charge any of your account(s) for any outstanding charges; (4) If you close your First New York Federal Credit Union Share Draft Account, you must notify us to cancel your Bill Payment Service; (5) You must retain sufficient funds in the share draft account and/or overdraft line of credit account from which bills are being paid or your Bill payment Service may be canceled by us at any time without prior notice to you; (6) If you do not schedule or process a payment on your Bill Payment Service for any three (3) month period we reserve the right to disconnect your service. Please note that your online bill payment information and history will be lost if you are disconnected; (7)You agree that we have the right to terminate the use of Bill Payment Services at any time without prior notice to you; (8) You agree that the Credit Union has a statutory lien on your shares, account balances and dividends. If you are in default on a financial obligation to the Credit Union, federal law gives the Credit Union the right to apply the balance of shares and dividends in your account(s) at the time of default to satisfy that obligation. Once you are in default the Credit Union may exercise this right without further notice to you.
  4. Electronic Bill Payment Services. As used in this Agreement, the term "payee" means the vendor, biller, person, or entity 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 (i.e. payee name, account number, payment amount, payment date). "Payment Account" means your Share Draft Account and, in the instance of nonsufficient funds and/or an overdrawn account, any applicable share account or available balance on line of credit accounts at the Credit Union, from which all bill payments may be made and/or such funds collected. "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. "Cutoff Time" means 5:00 p.m. Eastern 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.
  5. By providing the Payment Service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives from you or your authorized user through the Electronic Bill Payment Service. 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 (Payees), some transactions may take a day or even a few days longer to be credited by your Payee to your account with them.

    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 5:00 p.m. Eastern Time for a payment to arrive on Friday. Payment Instructions entered after the Cutoff Time or on a non-Business Day 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 by not limited to choosing a Scheduled Payment Date which is not five Business Days before the due date or on or past the due date stated on your invoice or bill, the risk of incurring and the responsibility for paying any and all late charges or penalties should 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 payments) by following the directions provided on the Bill Payment Services Online Help. There is no charge for canceling or editing a Pending Payment. Note: 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 us at 518-393-1326 or 1-800-734-7375. 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 e-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 14 days after you call. The charge for each stop payment order will be the charge for such service as disclosed in the Credit Union Fee Schedule. The Service will use its best efforts to make all your payment 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 instances:

    Provided none of the foregoing 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.

    Payment will be made to your Payee either electronically via the Automated Clearinghouse (ACH) or by check or laser draft. The method of payment depends on the processing method that can be accommodated by the Payee.

    The payment may be deducted from your Payment Account by two methods, depending on the amount of the payment and your credit history. The two methods are: (1) via an electronic debit through the Automated Clearinghouse Association, or (2) via a draft drawn on your account and processed through the Federal Reserve System (as if you had written a check on your Share Draft Account). All bill payments debited from your account will appear on your monthly First New York' Account Statement. ACH debits will reflect the Payee as well as the date and amount; however, laser drafters will be reflected with simply a date and check number. All payments can be viewed with the Payee's name, payment amount, and payment date by reviewing your recent payment history in the Bill Payment Service.

  6. Prohibited Payments. The following payment types are prohibited through the Service:
  7. 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 DAMAGE, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND OR THE SERVICE.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,INCLUDING BY NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  1. Password and Security. To access the Electronic Bill Payment Service, you will need to log on the First New York' website and click on the Online Banking Section using the User ID and Password. Once you have logged on, click on the Bill Payment icon on the navigation bar. From there, the system will link you to the Electronic Bill Payment site, where you will need to enter a second password established solely for the Electronic Bill Payment Service.
  2. You agree not to give or make available your First New York Online Banking Account Access User ID or Password or your Electronic Bill payment User Name or Password to any unauthorized individuals. You are responsible for all bill payments you, and your authorized user, authorize. If you believe that your User ID or Password have been lost, stolen, or compromised, or that someone may attempt to use the Service without your consent or has transferred money from your account by accessing your account without your permission, you must notify the Credit Union at once by calling at any time (24 hours a day) at 518-393-1326 or 1-800-734-7375.

    You also agree that the Credit Union may revoke your Electronic Bill Payment and/or Online Banking Account Access Services if unauthorized access and/or transactions occur as the apparent result of negligence in safeguarding the User ID and Password(s) belonging to your and/or your authorized user. Further, you agree that, if the Credit Union is notified that you have included the Credit Union in the filing of a petition of bankruptcy, the Credit Union may revoke or refuse to grant you Electronic Bill Payment and/or Online Banking Account Access Services to your account.

  3. Your Liability for Unauthorized Transfers. If you call the Credit Union within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your Credit Union Internet Banking User ID and Password has been lost, stolen, or compromised, you can lose no more than $50. If you fail to notify the Credit Union within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your Credit Union Internet Banking User ID and Password and/or your Electronic Bill Payment has been lost stolen, or compromised, and we can prove that we could have prevented the unauthorized access to your account(s), or use of your Credit Union Internet Banking password and/or your Electronic Bill Payment Password, had you notified us, you could lose as much as $500. If your monthly statement or our online account history reflect any transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was made to you, you may not get back any money you lost after the 60 days, provided 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 an extended trip or hospital stay) prevented you from telling us, we may extend the time periods.
  4. Errors and Questions. In case of errors and questions about your electronic transfers or payments, you should:

    Telephone us at:
    518-393-1326 or 1-800-734-7375

    Write us at:


    First New York Federal Credit Union
    Attention: Internet Banking Supervisor
    2 Wall Street
    Albany NY 12205

    E-mail:

    as soon as you can. 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:

    If you tell us orally in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing oral notification. We will determine whether an error occurred within 10 business days (5 business days for VISA® Check Card point-of-sale transactions 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 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.

    If we determine there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur. You may ask for copies of the documentation that we used in our investigation.

  5. 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:
  6. Charges or Fees. As a participant in the Electronic Bill Payment Service, you will have the ability to utilize the service at no charge, provided that you pay at least 1 bill per month. Otherwise you will be charged a basic fee of $4.95 per month. This fee will be charged to you on the 5th business day of the month. Note: While you can make payments to your First New York Federal's loan accounts using the Electronic Bill Payment Service, you can also make payments using the transfer/payment option on the Online Account Service at no charge. Additionally, charges for other transactions and optional services (i.e. Nonsufficient Funds for Stop Payment Fees) are specified in the First New York Federal's Schedule of Fees and Charges. Additional fees may apply from Metavante Corporation.
  7. You agree to pay such fees and charges, and authorize the Service to charge your Account for these amounts and any additional charges that may be included by you. Any fees associated with your share of loan 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.

  8. In the Event a Service Transaction Is Returned and/or Overdraws Your Payment Account. In using the Service, you are requesting the system to make payments for you from your Checking Account. If we are unable to complete the transaction for any reason associated with your Checking Account (i.e. there are not sufficient funds in your Checking Account to cover the transaction), the transaction may not be completed. In some instances you will receive a return notice from First New York. In these cases, you agree that a nonsufficient funds (NSF) fee will be charged in accordance with the credit union's established and published service fees. Further, you also agree that an NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your Checking Account.
  9. By enrolling for and using this Electronic Bill Payment Service, you agree that the Credit Union has the right to collect funds from your share accounts as well as the available balance on your line of credit account to recover funds for all payments that have been requested to be paid by you and your authorized user; this includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner.

  10. Alternations 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 of record or by secure e-mail via the Credit Union Internet Banking system. 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 Electronic Bill Payment programs, services and/or related material and limit access to the Service's most recent revisions and updates.
  11. Address Changes. You agree to promptly notify the Credit Union in writing of any address change. Changing your address on the Service does not automatically update your address of record at the Credit Union. Similarly, updating your address at the Credit Union does not automatically update the address on the Service.
  12. Termination or Discontinuation. In the event you wish to discontinue the Service, you must contact the Credit Union within ten (10) days prior to the actual service discontinuation date. You must request the service discontinuation via the e-mail secure message system or by written correspondence sent via the mail. Written notice must be signed and sent to:

First New York Federal Credit Union
Attention: Internet Banking Supervisor
2 Wall Street
Albany NY 12205

The credit union may terminate service to any individual at any time with cause, but without advance notice. Neither termination nor discontinuation shall affect your liability or obligation under this agreement.