BP Service Agreement

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Bill Pay

SERVICE AGREEMENT
Bill Pay Service Agreement

This Bill Pay Service Agreement (the 1. Access Methods. The Service is
“Agreement”) governs your use of accessible through Fidelity.com
the Bill Pay Service (the “Service”) and eligible mobile devices as
and supersedes any prior agreements determined by Fidelity. To use
between you and Fidelity for the the Services, you must obtain,
Service. By subscribing to the Service, at your own expense, the
using the Service, or permitting necessary hardware and software.
someone else to use the Service on More information about the
your behalf, you agree to the terms specific hardware and software
of this Agreement. In the event requirements can be found in
that a revised Service agreement is the Frequently asked Questions
provided by Fidelity, that agreement for the Services. Please check
will supersede the terms of this the online Help Menu described
Agreement. in Section 2 below for more
information regarding the Service.
As used in this Agreement, “Fidelity Please note feature availability
Account®” means any eligible Fidelity and navigation will differ between
brokerage account(s) from which the Fidelity.com and mobile
payments are made and “you” versions of the Service.
or “your” refers to the person(s)
subscribing to or using the Service. 2. User’s Guide. Fidelity will provide
Fidelity Brokerage Services contracts you with an online Help Menu
with a third party in order to make on Fidelity.com that describes
the Service available to you. Among the operation and features of the
other things, this third party has Service. You will need to follow the
responsibility for funds transmission procedures described in the Help
through the different payment Menu when using the Service.
methods used in connection with
the Service, and as used herein, 3. Scope of the Service. Except
“we,” “us” or “our” refers to Fidelity as noted below, you may make
Brokerage Services LLC, and its payments through the Service
affiliates and subsidiaries as well as to: (a) any person or entity that
any agent, independent contractor, generates a bill or invoice via U.S.
designee or assignee we may, in mail or electronic bill for products
our sole discretion, involve in the or services provided to you or on
provision of the Service, including, your behalf; or (b) to any business,
but not limited to the third party merchant or professional that does
referenced above (collectively not generate a bill or invoice; as
“Fidelity”). well as (c) any individual, family
member or friend. You cannot use
Fidelity provides the Service. the Service to make payments to
Brokerage services, including the recipients located outside the U.S.
Fidelity Account, are provided by All of the foregoing must have
Fidelity Brokerage Services LLC valid U.S. mailing addresses we
and its affiliates. The Service allows can verify.
you to make payments from one or
more eligible Fidelity Accounts with The Service is not intended
individual, joint, estate or revocable for use to make payments
trust registration to third-parties for alimony, child support,
(“Payee” or “Biller”) designated by any type of insurance, taxes
you in advance. or other government fees
or court-directed payments.
You acknowledge that if you
do submit a payment to one bills, your service address. We
of these restricted vendors will store Payee Information,
through the Service, Fidelity Payee Account numbers, and
will not assume any liability other information related to your
for penalties, cancellation use of the Service. Additions,
of coverage or any other deletions and modifications to
expense, claim or damage Payee Information may be entered
related to nonpayment upon directly through the Service on
the processing or completion Fidelity.com.
of such a payment. Any such
payments are done at your own In order to facilitate payments
risk. While you are still able to to each Payee, we may modify or
submit such payments through delete some or all of the Payee
the Service, they will not be Information you have entered
covered under the Payment with information provided to us
Guarantee in Section 13. by or on behalf of the Payee. This
information may include, but is
You represent and warrant to not limited to, routing information
us that you will use your Fidelity required for electronic payments,
Account and the Service solely payments sent to a centralized
for personal, family or house- address or payments sent without
hold purposes and not for any coupons.
business or commercial purpose.
In the event of a breach of this 5. Fidelity Username and Password.
representation and warranty, we To use the Service, you must log
will not be required to respond in to your Fidelity Account using
to your questions about bill your username and password.
payments within the time periods You authorize us to follow any
specified in Section 23 and the instructions that you have entered
limitations on your liability for through the Service using your
unauthorized bill payments username and password.
described in Section 21 will be Because your username and
inapplicable. You further agree password can be used to access
to indemnify Fidelity from and your Fidelity Accounts, you should
against any claims, threatened treat this information with the
or actual, brought by third parties same degree of care and secrecy
based upon your use of the that you use to protect your other
Service other than for personal, personal identification numbers
family or household purposes. and personal financial information.
4. Your Personal Payee List. You agree not to give your
You must provide sufficient username or password, or make
information about each Payee them available, to any person
(“Payee Information”) to properly not authorized to access your
direct a payment to such Payee Fidelity Account or information
and permit the Payee to identify accessible through the Service.
the correct account (“Payee No Fidelity employee will ever
Account”) to credit with your ask you for your password. If
payment. This Payee Information, you believe your username or
which is subject to change from password has been lost or stolen
time to time, may include, but or may have been used without
is not limited to, the name and your permission in connection with
address of the Payee and your the Services, you agree to notify
Payee Account number and for Fidelity immediately as described
Payees that provide electronic in Section 23.
Electronic Bill Feature. There are
6.  notification, it is your responsibility
two ways of managing your bill to periodically logon to the
payments with the Service. First, Service and check on the delivery
you can schedule payments for of new electronic bills. The
virtually any Payee who has sent time for notification may vary
you a bill by mail or other written from Payee to Payee. You are
format. Second, you can take responsible for ensuring timely
advantage of the electronic bill payment of all bills.
feature by directing participat-
ing Payees to send you your bills You may choose to pay an
electronically, and then paying electronic bill that you receive
those bills through the Service. through the Service by other
When Payees send you your bills means than using the Service, but
electronically, they are received if you do, that payment will not
within the Service. be automatically reflected on the
Service. You may, however, mark
The bills you receive through the such bills as paid manually.
electronic bill feature will contain
the transaction information and Types of Payments. The Service
7. 
other detail necessary to pay your supports two types of payments:
bills through the Service. If we ”Single Payments” and “Recurring
restrict your access to the Service, Payments”. Single Payments are
you are responsible for paying payments for which you enter all
your electronic bills (see Section required information such as
25). The list of participating Payees amount and date each time you
will expand periodically, so you make a payment. Recurring
should check the feature from Payments are payments which
time to time to see if there are once entered will a
­ utomatically be
more Payees from which you can processed in a fixed amount on a
receive electronic bills. fixed-frequency (e.g., weekly,
monthly, etc.) you determine.
You can choose to get electronic
bills from the participating Payees 8. Entering Payment Information.
and stop receiving paper bills, (“Payment Instructions”). With the
or you may be able to choose exception of periods of periodic
to continue to get paper bills maintenance, you can enter
from the participating Payees in Payment Instructions through the
addition to your electronic bills. Service 24 hours a day, 7 days a
If you have chosen to get an week. You are solely responsible
electronic bill only, that will be for the accuracy of the Payment
your only notice that a bill has Instructions that you enter through
arrived. You are solely responsible the Service. Please review the
for keeping your email address Help Menu online for detailed
information within the Service information on the steps necessary
current, receiving your bill and to schedule payments.
arranging for a payment to be 9. Scheduling Information.
made. We will not be responsible Payments can only be processed
for your failure to access the on Business Days, as defined in
Service or to schedule payment Section 20 of this Agreement.
of your electronic or other bills. When scheduling a payment, you
In addition to notification within will select a Deliver By Date which
the Service, you may receive an is the date you want the Payee to
email notification to the email receive your payment.
address listed for your account. If a Deliver By Date for a
In the event you do not receive Recurring Payment does not exist
in a certain month, or is a Non- reflected on your Payee statement
Business Day, the Deliver By Date unless the Due Date falls on a
will default to the previous non-Business Day. If the actual
Business Day. For example, if you Due Date falls on a non-Business
schedule a payment for the 31st Day, you must select a date that
of a month, the Deliver By Date for is at least one (1) Business Day
your payment for the month before the actual Due Date.
of September (which has only Deliver By Dates must be prior
30 days) will be the 30th of to any late date or grace period.
September assuming that it
The Service will not allow you
is a Business Day.
to enter a duplicate payment.
Fidelity reserves the right to A duplicate payment is one that
select the method in which to is scheduled to be made to the
remit funds on your behalf to your same Payee on the same day for
Payee. Through your enrollment the same amount.
in the Service, you agree that
10. Payment Limits. Individual
we reserve the right to request
payments may be made with
a review of your credit score
any amount between $0.01 and
at its own expense through an
$100,000.00.
authorized bureau. These payment
methods include, but may not be 11. Delivery of Payments.
limited to, an electronic payment By providing the Service with
or a laser draft check payment. Payment Instructions including but
A laser draft check is similar to not limited to Payee information
a personal check and is printed of Payees to whom you wish to
with “Signature on File” in place direct payments, you authorize
of your signature. Your Fidelity Fidelity to follow the Payment
Account is debited and the Payee Instructions that it receives
receives funds when the Payee through the payment system.
submits the check for deposit. As
the laser draft check is similar to By submitting a Payment
a personal check, Fidelity cannot Instruction, you shall be deemed
control presentment of laser draft to have authorized Fidelity to
checks since the Payee can delay debit your Fidelity Account and
cashing a laser draft check. remit funds on your behalf so
that the funds arrive as close as
To provide sufficient time for reasonably possible to the Deliver
a payment to be received and By Date designated by you. In
processed by a Payee and to certain instances, your payment
be eligible for the Payment may be sent via laser draft check
Guarantee set forth in Section 13 when it otherwise would have
of this Agreement, the earliest been eligible for electronic
possible Deliver By Date for each payment. You also authorize
Payee (typically four (4) or fewer Fidelity to credit your Fidelity
Business Days from the current Account for returned payments,
date) will be designated within the e.g., by the Payee. If a Payee has
Service when you are scheduling been paid but we are unable to
the payment. Therefore, the debit your Fidelity Account for
Service will not permit you to any reason (for example, there
select a Deliver By Date less are insufficient funds to cover
than the earliest possible date the transaction), the transaction
designated for each Payee. When will not be completed. In some
scheduling payments you must instances, you will receive a
select a date that is no later than return notice. In such case, you
the actual due date (“Due Date”) agree that:
• You will reimburse Fidelity d. You did not properly initiate a
immediately upon demand payment or provide us with correct
for the transaction that has Payment Instructions including
been returned for any reason but not limited to Fidelity Account
associated with your Fidelity information, Payee Information,
Account. This may include Payee Account number, Recurring
automatic reversal of any Deliver By Date, or payment
payments made electronically; amount.
• For any amount not reimbursed e. Circumstances beyond our control
within fifteen (15) days of the (such as fire, flood or a delay in
initial notification, a late charge the transmittal of a payment by
equal to 1.5% monthly interest mail or otherwise) prevented the
or the legal maximum, which- proper completion of the payment
ever rate is lower, for any unpaid despite reasonable precautions by
amounts may be imposed; us to avoid these circumstances.
• You will reimburse Fidelity for f. The funds were subject to legal
any fees incurred as a result or other process restricting or
of the return; delaying such payment.
• You will reimburse Fidelity for g. A Payee has failed to make a
any fees incurred in attempting bill available at all or in a timely
to collect the amount of the manner.
return from you; and,
h. Your Fidelity Account has been
• Fidelity is authorized to report restricted which will automatically
the facts concerning the return deactivate the service.
to any credit reporting agency.
EXCEPT AS SET FORTH IN
12. Failure to Complete Payments. THIS AGREEMENT OR LIMITED
We will complete any payment BY APPLICABLE LAW, THE
processed through the Service LIABILITY OF THE SERVICE
which complies with the terms FOR ITS FAILURE TO MAKE
of this Agreement. If we do PAYMENTS ON TIME OR IN
not complete such a payment, THE CORRECT AMOUNT IS
including deleting a payment LIMITED AND YOUR EXCLUSIVE
which complied with Section 14 of REMEDY. IN NO EVENT SHALL
this Agreement, we will reimburse THE SERVICE BE LIABLE FOR
you for your losses or damages. ANY DIRECT, INDIRECT, SPECIAL,
However, there are some INCIDENTAL, CONSEQUENTIAL,
exceptions. We will not reimburse OR EXEMPLARY DAMAGES,
you, for instance, if: INCLUDING LOST PROFITS
(EVEN IF ADVISED OF THE
a. Through no fault of ours, your POSSIBILITY THEREOF) ARISING
payment did not comply with IN ANY WAY OUT OF THE
Section 9 of this Agreement. USE OR MAINTENANCE OF
b. The Service or your communication THE SERVICE.
line, PC, modem, Internet Service THE SERVICE AND RELATED
Provider (ISP), or mobile device DOCUMENTATION ARE
was not functioning properly and PROVIDED “AS IS,” WITHOUT
you knew about the malfunction ANY WARRANTY OF ANY KIND,
when you started the payment. EITHER EXPRESSED OR IMPLIED,
c. A Payee mishandled or delayed INCLUDING, BUT NOT LIMITED
handling payments properly sent TO, THE IMPLIED WARRANTIES
by us for any reason. OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR f. Upon request, you provided
PURPOSE. Fidelity a copy (either by mail
or fax) of the Payee’s statement
Note: If you breach the warranty showing the late payment fees
set out in Section 3 above and
or penalties posted to your Payee
you use your Fidelity Account
Account.
and the Service for any business
or commercial purpose and not 14. Deleting or Modifying
solely for personal, family or Payments. You can delete or
household purposes, we shall modify payments through the
only be liable for actual damages Service. Once a payment has
resulting from our negligent begun processing, it cannot
actions, and IN NO SUCH EVENT be deleted or modified. A
SHALL WE BE HELD LIABLE FOR stop payment request may be
SPECIAL, CONSEQUENTIAL, submitted by contacting Fidelity.
COVER OR INCIDENTAL If we make a payment that should
DAMAGES, OR LOST PROFITS have been deleted pursuant to
OR BUSINESS, EVEN IF WE ARE this Section, we will reimburse
ADVISED OF THE POSSIBILITY you for your losses or damages
OF SUCH DAMAGES. subject to the conditions set forth
in Section 12 of this Agreement.
13. P
 ayment Guarantee. Subject The initiation by you of certain
to the conditions specified in electronic fund transfers from your
Section 12, we will reimburse Account will effectively eliminate
you for any late payment fees your ability
or penalties you are charged by
to stop payment of the transfer.
a Payee, up to a maximum of
$50 per payment, as a result of UNLESS OTHERWISE PROVIDED

such Payee’s failure to receive a IN THIS AGREEMENT, YOU (THE
payment made through the Service CONSUMER) MAY NOT STOP
by the Due Date if you meet each PAYMENT OF ELECTRONIC
of the following conditions: FUND TRANSFERS; THEREFORE,
YOU SHOULD NOT EMPLOY
a. The Payee and payment type is
ELECTRONIC ACCESS FOR
within the scope of the Service
PURCHASES OR SERVICES
as described in Section 3. UNLESS YOU ARE SATISFIED
b. You scheduled a payment that THAT YOU WILL NOT NEED
is no later than the actual Due TO STOP PAYMENT.
Date reflected on your bill.
15. Reviewing Payments. You
c. You provided us with the correct can review all pending payments
Payment Instructions including but through the Service on either
not limited to Payee Information, Fidelity.com or your eligible
Deliver By Date, and payment mobile device. Up to two years
amount. of payment history is available
on Fidelity.com.
d. On the Deliver By Date, your
Fidelity Account contained a 16. Uncompleted Payments. If
sufficient balance to complete we make a payment via laser
the payment, and the payment check and the laser check is not
complied with Section 9 of this presented for payment by your
Agreement. Payee, you are solely responsible
for following up with your Payee.
e. The late payment fee or penalty,
or the method of its calculation, 17. Statements. All payments
was published in writing by the made through the Service will
Payee prior to the Due Date. appear on your monthly Fidelity
Account statement(s). The Payee and your password is used without
name, payment amount, and your permission you could lose as
Deliver By Date will be reflected much as $500.00.
for each payment made through
the Service. Also, if your periodic Fidelity
Account statement shows
18. Fees. There is no fee for using payments that you did not
the Service. authorize, tell us promptly. If you
do not tell us within sixty (60)
19. Equipment. We are not days after the first statement was
responsible for any loss, damage mailed to you, you may not get
or injury resulting from (i) an back any money you lost after the
interruption in your electrical sixty (60) days if we can prove that
power or telephone service; (ii) the we could have stopped someone
disconnecting of your telephone from taking the money if you had
line by your telephone company told us in time.
or deficiencies in your line quality;
(iii) any defect or malfunction of In extenuating circumstances
your PC, modem or telephone Fidelity may extend such time
line, or (iv) any failure of your ISP periods. If you believe your
or the Internet that results in the password has been lost or stolen,
interruption of your access to the or that someone has accessed or
Service. may access your Fidelity Account
through the Service without your
20. Business Days/Hours of permission:
Operation. Business Days are
Monday through Friday, excluding Call: 1-800-544-5703;
bank holidays. With the exception or write to us at:
of periodic maintenance, the
Fidelity Investments
Service is available 24 hours a day,
P.O. Box 770001
7 days a week. While payments can
Cincinnati, OH 45277-0013
be scheduled anytime the Service
is available, payments can only be 22. Disclosure of Information
processed on Business Days. to Third Parties. We will not
disclose information about you
21. Notice of Your Rights and or your Fidelity Account or use
Liabilities. Tell us promptly if of the Service to any person,
you believe your password has organization or agency except:
been lost or stolen or if someone
may be using the Service without a. Where it is necessary for
your permission. Telephoning is completing payments, or
the best and fastest method to b. To verify the existence and
notify us and help minimize your condition of your Fidelity Account
possible losses. for a third party such as a credit
If you tell us within two (2) bureau or Payee, or
Business Days after you discover c. To comply with government
that your password has been lost agency or court orders, or
or stolen, you can lose no more
than $50.00 if your password is d. If you give us your permission in
used without your permission. If writing or by an email message
you fail to give us notice of your such authorization to automatically
lost or stolen password within two expire forty-five (45) days after
(2) Business Days after you learn of receipt by Fidelity.
the loss or theft of your password e. For other purposes in accordance
with Fidelity’s privacy statement.
23. In Case of Errors or Questions within ten (10) Business Days*, we
About Your Bill Payments; Error may not credit your account.
Resolution Procedures. If you
If we decide there was no error,
think your Fidelity Account state-
or that an error occurred in a
ment is wrong with regard to your
different manner or amount from
use of the Service or if you need
that described by you, we will
more information about payments
send you a written explanation
listed on your statement: Call:
within three (3) Business Days after
1-800-544-5703, we finish our investigation.
or write to us at: *Calendar days if you are a
Massachusetts resident.
Fidelity Investments,
P.O. Box 770001, Cincinnati, OH 24. Agreement Modification and
45277-0013, promptly. Amendment. Unless otherwise
required by applicable law,
We must hear from you no later
we may modify or amend this
than sixty (60) days after we send
Agreement at any time without
you the FIRST statement on which
giving you prior notice. However,
the problem or error appeared.
reasonable notice of any
To notify us, you must: modification or amendment to
this Agreement may be delivered
a. Tell us your name and Fidelity
to you in writing or electronically,
Account number.
to the extent practicable. If you
b. Describe the error or the payment do not agree to the modification
you are unsure about (including or amendment, you must notify
the date of such error or payment), us immediately and cancel
and explain as clearly as possible your access to the Service. Your
why you believe it is an error or access or use of the Service after
why you need more information. the effective date of any such
modification or amendment
c. Tell us the dollar amount of the
indicates your agreement
suspected error.
with such modification of
If you tell us orally, we may require amendment. Fidelity has the right
that you send us your complaint or to discontinue this Service with
question in writing within ten (10) notification. Fidelity also reserves
Business Days of discovering the the right to refuse to grant you
suspected error. access to the Service, or to
suspend or terminate your ability
d. We will tell you the results of
to use the Service at any time, for
our investigation within ten (10)
any reason.
Business Days* after we hear
from you and will correct any 25. Continuing Enrollment in the
error promptly. If we need more Service. Access to the Service is
time, however, we may take up to available as long as you maintain
forty-five (45) days to investigate your Fidelity Account. The Service
your complaint or question. If will continue to be available to
we decide to do this, we may you until you request to deactivate
credit your account within ten (10) the service. Fidelity reserves the
Business Days* for the amount you right to restrict your account under
think is in error, so that you will certain circumstances which will
have the use of the money during deactivate the Service from your
the time it takes us to complete Fidelity Account. Fidelity also
our investigation. If we ask you to reserves the right to refuse to
put your complaint or question in grant you access to the Service,
writing and we do not receive it or to suspend or terminate your
ability to use the Service at any 28. Governing Law. This Agreement
time, for any reason. shall be governed by the laws
In such cases, all pending, future- of the Commonwealth of
dated and recurring payments Massachusetts and the United
including payments for electronic States of America.
bills are cancelled and the Service 29. Use of Bill Pay on Health Savings
is disabled for access in such Accounts. The Bill Pay service is
account. We will attempt to notify intended to be used for the
you electronically if the service is payment of Qualified Medical
deactivated.
Expenses (“QMEs”) as defined
26. Joint Accounts. If your Fidelity by the IRS. If you use Bill Pay
Account is one with joint for expenses other than QMEs,
registration, each of you agrees the amount of the distribution is
that any account holder has includable in your gross income,
authority to use the Service as it and subject to a 20% penalty
relates to such Fidelity Account. except for distributions made after
Fidelity is authorized to follow your death, disability, or attain-
the instructions related to the ment of age 65. Fidelity will not
Service of any such account be liable for loss of tax benefits or
holder. You both agree to be
any tax penalties imposed on the
jointly and severally liable under
account holder.
the terms of this Agreement and
the Customer Agreement which Note: Please keep this Bill Pay
governs your Fidelity Account and Service Agreement for your files.
which is incorporated herein by
this reference. You should refer
to your Customer Agreement for
additional terms and conditions
governing your use of the Service.
27. Electronic Fund Transfer
Confirmation. Any documentation
provided to you which indicates
that an electronic fund transfer
was made will be admissible as
evidence of the transfer and will
constitute prima facie proof that
the transfer was made.
Bill Pay is a service of Fidelity Brokerage Services LLC, Member NYSE, SIPC.
440299.11.0 © 2023 FMR LLC. All rights reserved.  BP-AGMT-0523
1.710069.117

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