Common use of Service Guarantee Clause in Contracts

Service Guarantee. Unless a late payment related charge is incurred for one of the reasons listed below, we will reimburse you for any late payment related charges, up to $50.00 per late payment, should a payment be delivered after its Actual Due Date, so long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, and we have issued you a confirmation number for the payment. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you. 1. Your Funding Account is closed or does not contain sufficient funds to complete the payment. 2. The Payee rejects or returns the payment for any reason. 3. Your equipment, software or any communications link is not working properly. 4. The Service is unavailable, and you know, or we have told you about the problem before you send the Payment Instructions. 5. You have provided us with incorrect information about the Payee you wish to pay. 6. The Payee mishandles or delays handling or posting of any payment we send. 7. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the payment from being delivered or completed. Provided none of the foregoing exceptions are applicable, if we cause funds from your Funding Account to be directed to a payee that is not in compliance with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for paying the misdirected funds to the proper Payee, and for any applicable late payment charges to the extent described above. Provided none of the foregoing exceptions are applicable, if we duplicate a payment or process a payment for an amount higher than indicated in your Payment Instructions, we will use our reasonable best efforts to recover the overpayment from the payee. If we can recover an overpayment, we will return the amount of the overpayment to you. If we cannot recover an overpayment from the Payee and if the overpayment caused a credit to your account with the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. THE FOREGOING ARE OUR ONLY OBLIGATIONS TO YOU, AND ARE YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS IN CONNECTION WITH THE XXXX PAYMENT SERVICE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE XXXX PAY SERVICE. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AMOUNTS PROVIDED FOR IN THIS SERVICE GUARANTEE SECTION OF THIS AGREEMENT.

Appears in 5 contracts

Samples: Direct Connect Service Agreement, Direct Connect Service Agreement, Direct Connect Service Agreement

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Service Guarantee. Unless a late payment related charge is incurred for one Due to circumstances beyond the control of the reasons listed belowService, we particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. Except for prohibited payments or exception payments, the Credit Union will reimburse you bear responsibility for any late payment related charges, charges up to $50.00 per late payment, should a payment be delivered post after its Actual Due Date, so Date as long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, above and we have issued you a confirmation number for a payment, unless we are not responsible to you for one of the paymentreasons listed below. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you. 1. Your Funding Account is closed or does We are not contain sufficient funds responsible for any failure to complete or delay in completing any payment due to any of the payment.following: 2. The Payee rejects or returns the payment for any reason. 3. Your equipment, software or any communications link is not working properly. 4. The Service is unavailable, and you know, or we have told you about the problem before you send the Payment Instructions. 5. a. You have provided us with incorrect information about the Payee you wish to pay.; 6. b. You do not follow the instructions presented in the Service when making an expedited payment; c. Your Funding Account, through no fault of the Credit Union, does not contain sufficient available funds to complete the payment or is closed, resulting in the return of the funding transaction; d. The payment or transfer goes over the credit limit on your overdraft line of credit, other overdraft protection limit, or available savings balance, as applicable; e. The Payee rejects or returns the payment for any reason, or mishandles or delays handling or posting of any payment we send.; 7. f. Your equipment, software or any communications link is not working properly; g. The Service is unavailable and you know or we have told you about the unavailability before you send the payment; and h. Circumstances beyond our control of the Credit Union (for examplesuch as, but not limited to, fire, flood, or interference from an outside source, postal delaysforce) prevent or delay the payment from being delivered or completedproper execution of the transaction and the Credit Union has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account, or if we cause funds from your Funding Account to be directed to a payee that is Payee which does not in compliance comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for paying the misdirected funds directing to the proper PayeePayee any previously misdirected transactions, and and, if applicable, for any applicable late payment related charges to the extent described above. Provided none of the foregoing exceptions are applicable, if We may set an expiration date for any payment check we duplicate a payment or process a payment for an amount higher than indicated in your Payment Instructions, we will use issue from our reasonable best efforts to recover the overpayment from the payeeown account. If we can recover an overpaymentdo this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will return then notify you and issue a credit to your Funding Account for the amount of the overpayment to you. If we cannot recover an overpayment from the Payee and if the overpayment caused a credit to your account with the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. THE FOREGOING ARE OUR ONLY OBLIGATIONS TO YOU, AND ARE YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS IN CONNECTION WITH THE XXXX PAYMENT SERVICE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE XXXX PAY SERVICE. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AMOUNTS PROVIDED FOR IN THIS SERVICE GUARANTEE SECTION OF THIS AGREEMENTcheck.

Appears in 1 contract

Samples: Bill Pay Service Agreement

Service Guarantee. Unless a late payment related charge is incurred for one Due to circumstances beyond the control of the reasons listed belowService, we particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Credit Union will reimburse you bear responsibility for any late payment related charges, charges up to $50.00 per late payment, should a payment be delivered post after its Actual Due Date, so Date as long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, and we have issued you a confirmation number for a payment, unless we are not responsible to you for one of the paymentreasons listed below. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you. 1. Your Funding Account is closed or does We are not contain sufficient funds responsible for any failure to complete or delay in completing any payment due to any of the payment.following: 2. The Payee rejects or returns the payment for any reason. 3. Your equipment, software or any communications link is not working properly. 4. The Service is unavailable, and you know, or we have told you about the problem before you send the Payment Instructions. 5. a. You have provided us with incorrect information about the Payee you wish to pay. 6. b. You do not follow the instructions presented in the Service when making an expedited payment. c. Your Funding Account, through no fault of the Credit Union, does not contain sufficient available funds to complete the payment or is closed, resulting in the return of the funding transaction to the Service. d. The payment or transfer goes over the credit limit on your overdraft line of credit or available savings balance, whichever the case. e. The Payee rejects or returns the payment for any reason, or mishandles or delays handling or posting of any payment we send. 7. f. Your equipment, software or any communications link is not working properly. g. The Service is unavailable and you know or we have told you about the problem before you send the payment. h. Circumstances beyond our control of the Credit Union (for examplesuch as, but not limited to, fire, flood, or interference from an outside source, postal delaysforce) prevent or delay the payment from being delivered or completedproper execution of the transaction and the Credit Union has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account, or if we cause funds from your Funding Account to be directed to a payee that is Payee which does not in compliance comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for paying the misdirected funds directing to the proper PayeePayee any previously misdirected transactions, and and, if applicable, for any applicable late payment related charges to the extent described above. Provided none of the foregoing exceptions are applicable, if We may set an expiration date for any payment check we duplicate a payment or process a payment for an amount higher than indicated in your Payment Instructions, we will use issue from our reasonable best efforts to recover the overpayment from the payeeown account. If we can recover an overpaymentdo this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will return then notify you and issue a credit to your Funding Account for the amount of the overpayment to you. If we cannot recover an overpayment from the Payee and if the overpayment caused a credit to your account with the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. THE FOREGOING ARE OUR ONLY OBLIGATIONS TO YOU, AND ARE YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS IN CONNECTION WITH THE XXXX PAYMENT SERVICE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE XXXX PAY SERVICE. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AMOUNTS PROVIDED FOR IN THIS SERVICE GUARANTEE SECTION OF THIS AGREEMENTcheck.

Appears in 1 contract

Samples: Bill Pay Agreement

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Service Guarantee. Unless a late payment related charge is incurred for one of the reasons listed below, we will reimburse you for any late payment related charges, up to $50.00 per late payment, should a payment be delivered after its Actual Due Date, so long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, and we have issued you a confirmation number for the payment. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you. 1. Your Funding Account is closed closed, or does not contain sufficient funds to complete the payment. 2. The Payee rejects or returns the payment for any reason. 3. Your equipment, software or any communications link is not working properly. 4. The Service is unavailable, unavailable and you know, know or we have told you about the problem before you send the Payment Instructions. 5. You have provided us with incorrect information about the Payee you wish to pay. 6. The Payee mishandles or delays handling or posting of any payment we send. 7. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the payment from being delivered or completed. Provided none of the foregoing exceptions are applicable, if we cause funds from your Funding Account to be directed to a payee that is not in compliance with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for paying the misdirected funds to the proper Payee, and for any applicable late payment charges to the extent described above. Provided none of the foregoing exceptions are applicable, if we duplicate a payment or process a payment for an amount higher than indicated in your Payment Instructions, we will use our reasonable best efforts to recover the overpayment from the payee. If we can recover an overpayment, we will return the amount of the overpayment to you. If we cannot recover an overpayment from the Payee and if the overpayment caused a credit to your account with the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. THE FOREGOING ARE OUR ONLY OBLIGATIONS TO YOU, AND ARE YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS IN CONNECTION WITH THE XXXX PAYMENT SERVICE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE XXXX PAY SERVICE. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AMOUNTS PROVIDED FOR IN THIS SERVICE GUARANTEE SECTION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Direct Connect Service Agreement

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