STEADYPAY PAYMENT SOLUTIONS PAYMENT SERVICE
DISCLOSURE AND TERMS AND CONDITIONS
Agreement – This Agreement, which includes the Payroll Deduction Form, is a contract that establishes the rules that cover our deduction of designated amounts from your payroll and the payment of bills designated by you (the “Services”). You may access the Services by enrolling through this website (the “Website”). By using the Services, you accept all the terms and conditions of this Agreement. Please read carefully.
Definitions – As used in this Agreement, the words “we”, “our”, “us”, and “SteadyPay” mean Fort Knox National Company doing business as SteadyPay Payment Solutions. “You” and “your” refer to you as the account holder who has enrolled to use the Services under this Agreement and anyone else authorized by you to exercise control over the account holder’s funds through the Services. “Account” or “Custodial Account” means the account maintained by us for the benefit of you and other users of the Services into which your Pay is transferred periodically in accordance with your Payment Instructions for transfer on to your Payee(s). “Sub-Account” means our record of the funds debited from your Pay and deposited into the Custodial Account. “Electronic funds transfers” means preauthorized transactions that transfer funds from your Account using the Services. “Business Day” means Monday through Friday, excluding Federal holidays. "Payee" means the person or entity to whom you wish a bill payment to be directed. "Payment Instructions" means the necessary information provided by you to us to permit us to cause a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date). “Pay” means the amount you are paid by your employer weekly, every other week, twice a month, or monthly, as applicable. "Scheduled Payment Date" means the Business Day of your choice by which your bill payment transfer will be made. When a Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be the previous Business Day. "Cutoff Time" means 3 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
The Services - The Services consist of the system whereby you authorize your employer to allow deductions from your Pay in such amount as authorized by you, by following the enrollment instructions on our Website and completing and signing an ACH Debit Authorization for delivery to your employer. The amount of the deduction will be as set forth in your Payment Instructions, equal to the amount of certain monthly payments due and owing by you to a designated Payee, or the aggregate amount if more than one Payee, plus our monthly fee of $3.00 per Payee for the Services. Provided that we receive the amount deducted from your Pay in accordance with the Payment Instructions, we will cause the Payee to be paid on or before the Scheduled Payment Date, and you hereby authorize us to follow the Payment Instructions that we receive through this Website. Transaction activity information is available on the Website in real time. We will also provide you with a monthly notification of all payments remitted on your behalf, plus a semi-annual statement in each case sent to your email address. Our agreement to provide the Services is subject to the agreement to participate by the designated Payees.
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 our control, such as delays in handling and posting payments by Payees or financial institutions, some transactions may take several days longer to be credited by your Payee to your Payee account. 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. Payment Instructions entered to the Website after the Cutoff Time or on non-Business Days will be considered entered on the next Business Day. If you choose a Scheduled Payment Date less than five (5) Business Days before the actual due date, you are responsible for any late payment charges or penalties.
ELECTRONIC FUNDS TRANSFER ACT DISCLOSURES
Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your personal information. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Sub-Account. If you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your personal information to initiate an unauthorized electronic funds transfer without your permission.
If you do NOT tell us within 2 business days after you learn of the unauthorized transaction, and we can prove we could have stopped someone from using your information without your permission if you had told us, you could lose as much as $500.
In case of errors or questions about your Sub-Account
Call us at 1-877-632-9093 or notify us by writing to: P. O. Box 1270, Elizabethtown, KY 42702 or by email to firstname.lastname@example.org as soon as you can, if you think an error has occurred in your Sub-Account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-877-632-9093 or by writing to: P. O. Box 1270, Elizabethtown, KY 42702. You will need to tell us:
- Your name and Sub-Account number.
- Why you believe there is an error, and the dollar amount involved.
- Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have 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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
If you need more information about our error-resolution procedures, call us at 1-877-632-9093.
SteadyPay's Liability for Failure to Complete Transaction – SteadyPay will use its best efforts to cause the transfer of funds in accordance with your Payment Instructions. If we do not complete a payment of your obligation on time, or in the correct amount, according to our agreement with you, we will be liable for your losses and damages. However, SteadyPay shall incur no liability if it is unable to complete any payments initiated by you through the Services because of the existence of any one or more of the following circumstances:
- We are unable to complete the transaction for any reason associated with your Pay (for example, you leave your employment), or we do not receive the funds transfer from your employer or receive insufficient payment from your employer.
- Our Processing Center is not working due to normal maintenance activities or is not working properly and you knew or had been advised by us about the maintenance or malfunction before you execute the transaction.
- You have not provided us with the correct Payment Instructions for those accounts to whom you wish to direct transfer.
- Circumstances beyond our control (such as, but not limited to, power interruption, computer malfunction and acts of God such as fire, flood or interference from an outside source) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid or cure these circumstances.
- There is an allegation of fraudulent activity concerning the Account or the funds in the Account are subject to legal process or other encumbrances or restrictions.
- A Payee directs that your payment not be accepted.
Provided none of the foregoing exceptions to our performance obligations are applicable, if we fail to follow your Payment Instructions, we shall be responsible, for correcting the error by returning the improperly transferred funds to you and/or directing to the proper Payee any previously misdirected transactions.
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE 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 SERVICES.
Right to Stop Payment of Pre-Authorized Deductions – If you have told SteadyPay in advance to make regular deductions from your Pay, you can stop any of these deductions through the Services with at least three (3) Business Days notice before the Scheduled Payment Date of the payment by following the instructions on the Website. Alternatively, you may call or write SteadyPay at the phone number and address identified below in time for SteadyPay to receive your request three (3) Business Days or more before the deduction is scheduled to be made. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. Stop payment requests sent to us via electronic mail may 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 requests.
Liability for Failure to Stop Deduction – Once you have made a request that SteadyPay stop any Pay deduction and corresponding Payment Instructions, SteadyPay will use its commercially reasonable efforts to cancel any further pre-authorized deductions and payments to the person or company you were going to pay until a new authorization is received from you. If SteadyPay fails to stop one of these payments, which you have terminated according to this Agreement, SteadyPay will not be liable for your losses or damages except for losses or damages arising out of its gross negligence or willful misconduct.
Custodial Account Information - You may obtain information about the amount of money you have remaining in your Sub-Account by calling 1-877-632-9093 or by writing to: P. O. Box 1270, Elizabethtown, KY 42702
This information, along with a 60-day history of your Sub-Account transactions, is also available on-line at www.mysteadypay.com.
You also have the right to obtain a 60-day written history of Sub-Account transactions by calling 1-877-632-9093 or by writing to: P. O. Box 1270, Elizabethtown, KY 42702
Excess Funds In Custodial Account - Each month after the payment of my bill, the Sub-Account should have no money in it because the withdrawals from the Sub-Account should equal the amount deposited to it. However, it is possible for excess funds to remain in the Sub-Account. For example, there will be excess funds if I fail to cancel my Payment Instructions to the Custodial Account after the obligation has been paid in full. If there are excess funds to which I am entitled in the Custodial Account, SteadyPay may, but is not obligated to, take any of the following actions: (i) contact the Payee, and if the Payee indicates that I still owe it money, continue providing the Services until the Payee notifies SteadyPay that my obligation is paid in full; (ii) notify me and request that I modify my Payment Instructions for the purpose of disposing of the funds in my Sub-Account; or (iii) open a non-interest bearing account in my name at a financial institution designated by SteadyPay and deposit funds to which I am entitled from the Custodial Account into the deposit account. If such a deposit account is opened in my name, I authorize SteadyPay at my direction, to withdraw funds from the deposit account.
Limitations On Custodial Account – I understand that SteadyPay is the custodian of my Sub-Account. Except as explicitly provided for in these terms and conditions, I may not make deposits or withdrawals from the Custodial Account. The Custodial Account is non-interest bearing, and in no event will I be entitled to any interest on the funds deposited into the Custodial Account.
Prohibited Payments - The following payment types are prohibited through the Service:
- Tax payments;
- Court ordered payments; and
- Payments to Payees outside of the United States.
Payee Limitation - We reserve the right to refuse to pay any Payee for whom you give us Payment Instructions if in our reasonable judgment such payment is illegal or exposes us to unacceptable liability, provided we provide you with sufficient advance notice. This notification is not required if you attempt to make a prohibited payment under this Agreement.
Internet Access – To use the Services, you must have access to Internet services and an e-mail address, and you must register for the Services by following the instructions on the Website. Once we have received your completed enrollment which includes your digitally signed Authorization Form, and verified your account information, we will send you, either by email or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. The Services can be used to access only the Bank accounts that you have designated for access by the Services in your Enrollment Form. You can edit any personal information supplied in your enrollment, and add or delete creditors at any time by accessing the Website and following the instructions. Access to your account through the Services will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions though the Services to determine that they are made on behalf of the accountholder.
Your Password – For security purposes, you are required to change your password upon your initial login to the Services. You determine what password you will use [and the identity of your password is not communicated to us]. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the Services will be revoked. To re-establish your authorization to use the Services, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down.
Your Right to Terminate or Modify the Services – You may cancel or modify the Services at any time by following the instructions on the Website to discontinue a payroll deduction, or by providing us with written notice by postal mail, e-mail or fax. Your access to the Services will be suspended within three (3) business days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. The service will cease when there are no funds remaining in my custodial account. I may also suspend payments to the Client by giving SteadyPay at least 30 days prior written notice and following the instructions on the Website. I understand that I am responsible for cancelling my payroll deduction to the custodial account after I have retired my obligation to the Client.
Our Right to Terminate – You agree that we can terminate or limit your access to the Services upon reasonable notice, for any reason, in our sole discretion.
Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Services Website or by e-mail. You agree to notify us immediately of any change in your e-mail address.
No Signature Required – By submitting an application for the Services, you have agreed to be bound by the terms and conditions of this Agreement by your acceptance and no signature is required. You agree that until you terminate the Service, we may deduct designated amounts from your account and provide bill payment services as you have designated, without requiring your signature for each transaction, and without prior notice to you.
Amendment of this Agreement – We may amend this Agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Services is your agreement to the amendment(s).
Fees and Charges – You agree to pay the fees and charges for your use of the Services as set forth in the current fee schedule, as amended from time to time. You agree that all such fees and charges will be deducted from your payroll in addition to the designated amount for bill payment. You are also responsible for telephone and Internet service fees you incur in connection with your use of the Services. I will pay SteadyPay the charges it imposes if it provides special services or incurs unusual expenses. For example, SteadyPay imposes charges for: (i) locating me if I move and fail to give SteadyPay my new address, (ii) transferring excess funds out of my custodial account, (iii) handling any garnishment of my account. SteadyPay maintains a list of charges and retains the right to change and add to the list from time to time. I may receive a copy of the list at any time by writing SteadyPay a letter requesting it. SteadyPay may withdraw from my custodial account any charges imposed against me. Should any excess funds be deposited into a deposit account at a financial institution, charges may also be imposed by the financial institution.
Hours of Access – You can use the Services seven days a week, twenty-four hours a day, although some or all of the Services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Site. Our business fays are set forth at the beginning of this Agreement.
Exclusion of Warranties - THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Alterations and Amendments - This Agreement, applicable fees and service charges may be altered or amended by SteadyPay from time to time. In such event, we shall provide notice to you. Any use of the Services after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete.
Address or Banking Changes - You agree to promptly notify in writing the Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) Business Days in advance of any change in your Pay or your banking status. Telephone us at 1-877-632-9093 or write to: P. O. Box 1270, Elizabethtown, KY 42702
Information Authorization - Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other necessary information.
Disputes - In the event of a dispute regarding the Services, you and SteadyPay 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 SteadyPay which supersedes any proposal or prior agreement, oral or written, and any other communications between you and SteadyPay relating to the subject matter of this Agreement. If there is a conflict between what an employee of SteadyPay or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
Assignment and Transfer - You may not assign this Agreement to any other party. SteadyPay may assign this Agreement without notice or consent to any future, directly or indirectly, affiliated company or to any non-affiliated company and may transfer the Custodial Account to another financial institution without notice or consent. SteadyPay may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. If your obligation to Payee is assigned or transferred by operation of law, SteadyPay may continue to provide the Services and pay the Payee’s assignee or successor.
No Waiver - SteadyPay shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by SteadyPay. No delay or omission on the part of SteadyPay 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.
Captions - 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 Agreement.
Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of laws provisions.
Questions - If I have any questions regarding this bill paying service or my custodial account, I may contact SteadyPay at email@example.com or 1-877-632-9093 or by writing to: P. O. Box 1270, Elizabethtown, KY 42702