We apologize for any inconvenience and are working toward meeting your
needs in future versions of Berk Bill Pay.
"Service" means the bill payment service offered by Berk Bill Pay through The Berkshire Bank.
"Agreement" means these terms and conditions of the bill payment service.
"Biller" is the person or entity to which you wish a bill payment to be
directed or is the person or entity from which you receive electronic bills, as
the case may be.
"Payment Instruction" is the information provided by you to the Service for a
bill payment to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be
"Billing Account" is the checking account from which all Service fees will be
"Business Day" is every Monday through Friday, excluding Federal Reserve
"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, unless the
Scheduled Payment Date falls on a non-Business Day in which case it will be
considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the
payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service
but has not begun processing.
The earliest possible Scheduled Payment Date for each Biller (typically four
(4) or fewer Business Days from the current date) will be designated within the
application when you are scheduling the payment. Therefore, the application will
not permit you to select a Scheduled Payment Date less than the earliest
possible Scheduled Payment Date designated for each Biller. When scheduling
payments you must select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Biller statement unless the Due Date falls on
a non-Business Day. If the actual Due Date falls on a non-Business Day, you must
select a Scheduled Payment Date that is at least one (1) Business Day before the
actual Due Date. Scheduled Payment Dates must be prior to any late date or grace
Due to circumstances beyond the control of the Service, particularly delays
in handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the guidelines described under "Payment Scheduling" in this
You represent and warrant that you are acting with full authority for the
applying entity, and that you are duly authorized to execute this Agreement on
behalf of the applying entity. By providing the Service with names and account
information of Billers to whom you wish to direct payments, 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.
You understand that the Service recommends utilizing a payment account (i.e. checking or share draft account) that offers unlimited transactions. *If a savings or money market account is utilized, it is recommended that you review your Account Disclosure regarding transaction limitations, fees and other penalties.
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 also authorize the Service to credit your Payment Account for
payments returned to the Service by the United States Postal Service or Biller,
or payments remitted to you on behalf of another authorized user of the Service.
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:
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 may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a laser
draft payment (funds remitted to the Biller are deducted from your Payment
Account when the laser draft is presented to your financial institution for
You may cancel or edit any Scheduled Payment (including recurring payments)
by following the directions within the application. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also not
have a reasonable opportunity to act on any stop payment request after a payment
has been processed. If you desire to stop any payment that has already been
processed, you must contact Customer Service. Although the Service will make
every effort to accommodate your request, the Service will have no liability for
failing to do so. The Service may also require you to present your request in
writing within fourteen (14) days. The charge for each stop payment request will
be the current charge for such service as set out in the applicable fee
Payments to Billers outside of the United States or its territories are
prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service,
however such payments are discouraged and must be scheduled at your own risk. In
no event shall the Service be liable for any claims or damages resulting from
your scheduling of these types of payments. The Service Guarantee as it applies
to any late payment related changes is void when these types of payments are
scheduled and/or processed by the Service. The Service has no obligation to
research or resolve any claim resulting from an exception payment. All research
and resolution for any misapplied, mis-posted or misdirected payments will be
the sole responsibility of you and not of the Service.
This feature is for the presentment of electronic bills only and it is your
sole responsibility to contact your Billers directly if you do not receive your
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
Information provided to the Biller - The Service is unable to update or
change your personal information such as, but not limited to, name, address,
phone numbers and e-mail addresses, with the electronic Biller. Any changes will
need to be made by contacting the Biller directly. Additionally it is your
responsibility to maintain all usernames and passwords for all electronic Biller
sites. You also agree not to use someone else's information to gain unauthorized
access to another person's bill. The Service may, at the request of the Biller,
provide to the Biller your e-mail address, service address, or other data
specifically requested by the Biller at the time of activating the electronic
bill for that Biller, for purposes of the Biller informing you about Service
and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may
notify the Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to Biller and may
take up to sixty (60) days, depending on the billing cycle of each Biller.
Additionally, the ability to receive a paper copy of your statement(s) is at the
sole discretion of the Biller. While your electronic bill feature is being
activated it is your responsibility to keep your accounts current. Each
electronic Biller reserves the right to accept or deny your request to receive
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 bill data from the Biller on your behalf. For some Billers, you will be
asked to provide us with your user name and password for that Biller. By
providing us with such information, you authorize us to use the information to
obtain your bill data.
Notification - The Service will use its best efforts to present all of 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. 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 logon to the Service and check on the delivery of
new electronic bills. The time for notification may vary from Biller to Biller.
You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves
the right to cancel the presentment of electronic bills at any time. You may
cancel electronic bill presentment at any time. The timeframe for cancellation
of your electronic bill presentment may vary from Biller to Biller. It may take
up to sixty (60) days, depending on the billing cycle of each Biller. The
Service will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Service will not be responsible for
presenting any electronic bills that are already in process at the time of
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 Billers.
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree not to give or make available your password or other means to
access your account to any unauthorized individuals. You are responsible for all
payments you authorize using the Service. If you permit other persons to use the
Service or your password or other means to access your account, you are
responsible for any transactions they authorize. If you believe that your
password or other means to access your account 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 at once by calling
866-820-8030 during customer service hours.
In case of errors or questions about your transactions, you should as soon as
possible notify us via one of the following:
The Berkshire Bank
560 Carillon Parkway
St. Petersburg, FL 33716
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
transactions you make ONLY in the following situations:
Any applicable fees will be charged regardless of whether the Service was
used during the billing cycle. There may be a charge for additional transactions
and other optional services. You agree to pay such charges and authorize the
Service to deduct the calculated amount from your designated Billing Account for
these amounts and any additional charges that may be incurred by you. Any
financial fees associated with your standard deposit accounts will continue to
apply. 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
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, there are insufficient
funds in your Payment Account to cover the transaction), the transaction may not
be completed. In some instances, you will receive a return notice from the
Service. In each such case, you agree that:
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 provide
notice to you. Any use of the Service after the Service provides 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 applications, 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 applications, services, and/or related material
and limit access to only the Service's more recent revisions and updates. In
addition, as part of the Service, you agree to receive all legally required
notifications via electronic means.
It is your sole responsibility to ensure that the contact information in your
user profile is current and accurate. This includes, but is not limited to,
name, address, phone numbers and email addresses. Changes can be made either
within the application or by contacting Customer Service. Any changes in your
Payment Account should also 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
In the event you wish to cancel the Service, you may have the ability to do
so through the product, or you may contact customer service via one of the
Any payment(s) the Service has already processed before the requested
cancellation date will be completed by the Service. All Scheduled Payments
including recurring payments will not be processed once the Service is
cancelled. The Service may terminate or suspend Service to you at any time.
Neither termination nor suspension shall affect your liability or obligations
under this Agreement.
The Service reserves the right to refuse to pay any Biller to whom you may
direct a payment. The Service will notify you promptly if it decides to refuse
to pay a Biller designated by you. This notification is not required if you
attempt to make a prohibited payment or an exception payment under this
In using the Service, you understand that Billers and/or the United States
Postal Service may return payments to the Service for various reasons such as,
but not limited to, Biller's forwarding address expired; Biller account number
is not valid; Biller is unable to locate account; or Biller account is paid in
full. The Service will use its best efforts to research and correct the returned
payment and return it to your Biller, or void the payment and credit your
Payment Account. You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot
verify your identity or other necessary information. In order to verify
ownership of the Payment Account(s) and/or Billing Account, the Service may
issue offsetting debits and credits to the Payment Account(s) and/or Billing
Account, and require confirmation of such from you. 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 Biller or your financial institution (for example,
to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service 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 which supersedes any proposal or prior agreement, oral or written, and
any other communications between you and the Service relating to the subject
matter of this Agreement. If there is a conflict between what an employee of the
Service or Customer Service Department says and the terms of this Agreement, the
terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign
this Agreement to any future, directly or indirectly, affiliated company. 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 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.
The captions of sections hereof are for convenience only and shall not
control or affect the meaning or construction of any of the provisions of this
This Agreement shall be governed by and construed in accordance with the laws
of the State of Georgia, without regard to its conflicts of laws provisions. To
the extent that the terms of this Agreement conflict with applicable state or
federal law, such state or federal law shall replace such conflicting terms only
to the extent required by law. Unless expressly stated otherwise, all other
terms of this Agreement shall remain in full force and effect.
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 INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE