In the terms and conditions ("Terms and Conditions") that follow, the terms "you" and "your" will refer to each member (as defined below) who has contracted with Katabat("Katabat, LLC") for the services described below. The terms " Katabat, LLC ," "we," "us" and "our" will refer to Katabat, LLC and our service providers, for the following online payment service ("the Service" or "Service"). The Service is comprised of Katabat, LLC , a service that allows you to pay only your Katabat, LLC bill online (without the ability to view such bills online). You "signify" your acceptance of these Terms and Conditions by clicking the checkbox below the Terms and Conditions next to the phrase "I have read and accept the Terms and Conditions above" on the Add or Update Funding Account page and then clicking the "Submit" button. These Terms and Conditions are presented to you for acceptance prior to setting up a Funding Account (checking account or credit/debit card) you designate to pay your Katabat, LLC bill ("Funding Account") and executing a payment.
Regulation E of the Electronic Funds Transfer Act applies to the portion of the Service that allows you to pay your bills online. The Regulation provides for certain protections for you and requires us to furnish certain disclosures regarding your rights and liabilities relating to transfers of funds that can be initiated before the first electronic funds transfer is made involving your account. Those disclosures that must be furnished before you initiate any bill payments via the Services have been incorporated into these Terms and Conditions. These Terms and Conditions will remain available on the Katabat, LLC website and remain available for access through that website. We encourage you to print and retain a copy of these Terms and Conditions for future reference. The Katabat, LLC website will not be available to you, including the Terms and Conditions, once your account is paid based on our agreement. Regarding these and subsequent disclosures, (a) you confirm that your computer equipment is capable of printing web pages, such as payment confirmation pages and copies of terms and conditions, and (b) you accept that (1) by clicking the checkbox below the Terms and Conditions next to the phrase "I have read and accept the Terms and Conditions above" and then clicking the "Submit" button and by using the Services, you accept these Terms and Conditions and (2) that any subsequent notices or disclosures will be effective as of the date we send them to you and/or post them on the Katabat, LLC website unless we indicate in our communication a later effective date.
Your acceptance of these Terms and Conditions indicates not only that you agree to the foregoing and following provisions, but also that we can change these terms at any time, by giving you advance notice of the change (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include (1) modifications to or elimination of any of the then current Terms and Conditions, and (2) adding new terms and conditions.
As a "Site User" you are an individual who is able to use the Service to pay your Katabat, LLC bill online by using the primary account holder's personal identifier information (see "Access and Security" below) to log in. You must be a Katabat, LLC customer to receive the Service. You agree to not use our Service in any manner that is illegal or that infringes on the rights of others. You may not resell or make any commercial use of our system or the Service without our prior written consent. You acknowledge and agree that we own the rights to the Katabat, LLC website and all content displayed thereon.
Appointment of Agents
You may appoint another person to access the Katabat, LLC Service associated with your Katabat, LLC account. This person will have full access to your Service for the purpose of paying your Katabat, LLC bill from the Funding Account(s) which are input at the time the service is accessed. To the extent you have provided your personal identifier information to another person, they will have access to the Service to the same extent as you have access. Any payment initiated by such person will be conclusively deemed authorized by you. Should you wish to terminate such person's access to your Service with us, you must contact us immediately to block usage of the Service by anyone, including yourself, on this account. You will be responsible for all payments initiated by that person prior to such time as we have received (and have had a reasonable time to act upon) your request for blockage.
Access and Security
Access to our Service is controlled through the use of your personal identifier information. Your personal identifier information consists of your Katabat, LLC reference number, the account's zip code, and the last 4 digits of the primary cardholder's social security number. You agree not to give or make your personal identifier information available to any unauthorized individuals and agree to remain responsible for maintaining the confidentiality of your personal identifier information. You are responsible for any transactions performed by anyone with whom you share your personal identifier information. We also require you to use a secure Internet browser with at least 128 bit secure socket layer encryption when accessing the Service.
Procedures If Your Personal Identifier Information Has Been Lost, Stolen or Compromised, or There Has Been Unauthorized Use of Your Katabat, LLC Services
Tell us IMMEDIATELY if you believe your personal identifier information has been lost, stolen or compromised, or that someone has used or may use your Katabat, LLC Service to make payment on your Katabat, LLC account without your permission.
Telephoning us atDelaware is the best way of keeping your possible losses to a minimum. You could have the loss of money through unauthorized use of the Service by others. You will have no liability for the unauthorized use of the service if you tell us within four (4) Business Days after you learn of the loss, theft, or compromise of your personal identifier information that was used to make payment on your Katabat, LLC account by someone using your Katabat, LLC Service without your permission. No liability means your Katabat, LLC account will return to the balance status prior to the unauthorized usage of the Service. Our Business Days are every day except Saturdays, Sundays, and federal holidays. IF YOU DO NOT tell us within four (4) Business Days after you learn of the loss, theft, or compromise of your personal information and we can prove that we could have stopped someone from using your Katabat, LLC Web Services without your permission if you had told us, you could lose the full amount of the unauthorized payment(s) to your Katabat, LLC account.
Changes to Member Information
If there is a change in the Funding Account(s) used to pay your Katabat, LLC account, you must promptly notify us of those changes prior to the date(s) scheduled for payment. See section below entitled "Confirming Payments, Stopping Payments". Otherwise, we will continue to use the old information in processing pending payment(s). Please edit your Funding Account information via the website on the "Add or Update Funding Accounts" page. We will not be responsible for problems that may arise if you change the Funding Account(s) used to pay your Katabat, LLC account or if the account is closed before funding has taken place. It is your responsibility to make sure all pending payments are directed to active and open Funding Accounts.
There are two important dates in the bill payment process.
The "Payment Due Date"
This is the last date on which you want Katabat, LLC to receive your payment. This date must be one of our Business Days. In many instances, this is probably the payment due date noted on your billing statement. If the balance you owe Katabat, LLC bears daily interest, however, you may want to select an earlier date.
The "Processing Date"
This is the date on which you tell us that funds should be credited to your
account and is also the date on which funds may be drawn or deducted from your Funding Account (funds may be drawn or deducted from your Funding Account either on the Processing Date or within the next two business days).
All payments on your Katabat, LLC account made within the Katabat, LLC Service website must follow the following rule: all payments made on your Katabat, LLC account either within the Katabat, LLC Service website or through other payment methods to Katabat, LLC may not exceed the then current account balance. If a payment scheduled on the Katabat, LLC Service website will cause any of these rules to be broken, Katabat, LLC in its discretion reserves the right to either modify or cancel the payment if you fail to follow the rules.
You must select the Processing Date for each Scheduled Payment you wish to make. The website will permit you to enter a Processing Date that is a federal holiday. However, if you do enter a Processing Date that is a federal holiday, the Processing Date will be changed to the next business day, payment will be credited to your Katabat, LLC
account, and funds will be drawn or deducted from your Funding Account on or the business day after the new Processing Date.
If your instructions are received by us no later than 2:00 p.m. Eastern Time (11:00 a.m. Pacific Time) on any Business Day (the "Cutoff Time"), the earliest Processing Date that you will be able to select will be today's date. If we receive your instructions after the Cutoff Time, the earliest Processing Date that you will be able to select will be the next business day from today's date. IF YOU ARE SCHEDULING A PAYMENT, THE PAYMENT SHOULD BE ENTERED BY THE CUTOFF TIME AT LEAST ONE BUSINESS DAY PRIOR TO THE PAYMENT DUE DATE TO ENSURE THAT THERE IS ENOUGH TIME FOR THE PAYMENT TO BE POSTED TO YOUR ACCOUNT.
Confirming Payments, Stopping Payments
A payment will be considered submitted after the Cutoff time for that Processing Date ("Processed"). Through our website, we will notify you of Scheduled Payments and Submitted Payments as each occurs. You may cancel a Scheduled Payment at any time before the Cutoff Time on the scheduled Processing Date by accessing the "Account Summary" page.
Funding Account and Payment Vehicles
We are responsible for the timely and accurate processing of payments on your behalf following your instructions. Your instructions are deemed to consist of explicit authorizations of individual payments that you enter or edit on the Katabat, LLC Service website. You are responsible for the accuracy of your instructions. We will not be liable for payments we make or fail to make as a result of our following erroneous instructions from you.
You may have more than one Funding Account on the Katabat, LLC Service. If you do not designate a default Funding Account, one you wish payments to be drawn from first, Katabat, LLC reserves the right to designate a default Funding Account for you. All Funding Accounts must be associated solely with a financial institution based within the United States of America or its territories.
It is your responsibility to have sufficient available funds in your Funding Account for payments you schedule and you agree to ensure this occurs. We will not be obligated to process any payment of any item unless and until there are sufficient available funds in your Funding Account (including any overdraft line of credit account or any other credit account supporting your Funding Account) to cover the payment on the Processing Date. Notwithstanding any instructions from you, we are under no obligation to process any payment on your behalf that: 1) exceeds the available funds in your Funding Account, as determined by your financial institution; 2) is not in accordance with the provisions of these Terms and Conditions; 3) we have reason to believe may not be authorized by you; or 4) would violate any law or regulation applicable to our Service or your financial institution. You acknowledge that the Service is only for the payment of certain
bills from your designated Funding Account(s).
We utilize the Automated Clearing House ("ACH") vehicle to make payments on your behalf from your Funding Account(s). When we use the ACH vehicle, we electronically draw the amount of the payment from the Funding Account on the Processing Date or the business day after the Processing Date using the ACH. The payment will be credited to your Katabat, LLC account as of the Processing Date.
Dishonor of a Payment
We have no obligation to extend credit to you. Accordingly, if for any reason, such as insufficient funds, incorrect Funding Account information, Funding Account closure or suspension, or similar circumstances, your financial institution does not honor our withdrawal instructions in connection with a payment, you agree that we can do any, or more than one of, the following, as applicable:
- We can repeat the payment process one or more times, until your bank funds our transfer request. However, we have no obligation to try debiting the Funding Account more than once.
- We can cancel the payment we have made on your Katabat, LLC account on your behalf and charge your Funding Account to obtain reimbursement for any fees we incur for your stopping payment to Katabat, LLC.
- We can deactivate your usage of the Service with us so that you may no longer make payments through the Service.
- We may use all legal remedies available to us to collect the amount due to us in connection with the payment.
We may use all legal remedies available to us to collect the amount due to us in connection with the payment.
You remain responsible for monitoring your Service with us and your Funding Account(s). You agree to review and verify payments made through the Service as often as may be necessary or appropriate to ensure that all such payments are made in accordance with your instructions. You must review those payments as they are reflected on our website and on the statements of your Funding Accounts, and tell us immediately if you believe that we have made an error.
In Case of Errors or Questions about a Payment
ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH OUR SERVICE MUST BE DIRECTED TO
SERVICES AND NOT TO THE BANK(S) OR FINANCIAL INSTITUTION(S) WHERE YOU HAVE YOUR FUNDING ACCOUNT(S). We are responsible for the bill payment services described in these Terms and Conditions and for resolving any errors in payments we process under the Service.
We will not send you a periodic statement listing payments that you make using our Service. The payments will appear only on the statement(s) issued by your bank or financial institution. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR FINANCIAL INSTITUTION. If you have a question about one of these payments or if you think an entry on your Funding Account statement is wrong or if you need more information about a payment initiated through our Service, you must contact us at Delaware , as soon as you can. We must hear from you no later than 60 days after your bank or financial institution sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and Katabat, LLC Reference Number.
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require you to send us your complaint or question in writing within 10 Business Days.
We will attempt to resolve the question immediately with you, or your financial institution, but we may take up to ten (10) Business Days to finish our investigation and correct any error we find. If we can't resolve the question within ten (10) Business Days, we may take up to 45 days to do so, but we will provisionally credit your Katabat, LLC account for the amount in question within 10 Business Days while we continue our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Katabat, LLC account.
We will provide you a written explanation of our findings within three (3) Business Days of the completion of our investigation. You may ask for copies of any documents we used in our investigation. If we provisionally credit your Katabat, LLC account, we may take back the amount of any credit if we find that an error did not occur.
Authorization to Provide Information
Except to the extent otherwise required under the Electronic Fund Transfer Act, our delay in or failure to perform any of the Services under these Terms and Conditions shall be excused if such delay or failure is caused by strike, fire, flood, earthquake, acts of nature, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control. In such instances, we agree to resume performance of the Services as soon as commercially feasible to do.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY OTHERWISE STATED IN THESE TERMS AND CONDITIONS, KATABAT WEB SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND 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. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE KATABAT WEB SERVICES.
Blockage of Service
If you wish to block usage of the Services, you may do so by calling Delaware . It will become effective no later than the next Business Day after we receive your call. Upon blockage, you will no longer be able to access the Services online. We reserve the right to deactivate your Katabat, LLC Service and terminate your access to the Service at any time with or without cause.
Scheduled payments in the system will be treated as follows:
- If you have Scheduled Payments or Same Day Payments that have not yet been Submitted and you wish to cancel them, you must cancel them via the "Account Summary" page before you block your Service. Otherwise, the payment will be made.
- If we decide to terminate your Service for security reasons or if in our reasonable judgment we terminate your Service to prevent the occurrence of fraud, no further payments will be made as of the date we terminate your Service. Any other termination by us will be subject to the terms of our notice to you.
Katabat, LLC 's records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to Katabat, LLC and, in the absence of manifest error, will be binding and conclusive.
Katabat, LLC Services' website maintains a payment offer to allow accountholders the possibility to restructure the debt owed on their Katabat, LLC account. Users warrant that all information provided by them in connection with the use of this service is accurate and correct. Failure to make accurate and correct disclosures may result in termination of participation in any payment program entered into and/or termination of usage of all or a portion of the Katabat, LLC Services website.
Disputes, Assignment, No Waiver, Governing Laws
These Terms and Conditions (incorporating by reference the terms of your Katabat, LLC Account Agreement and all subsequent amendments), are the complete and exclusive statement of the agreement between you and us. It supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If there is a conflict between what one of our employees says and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall prevail. You may not assign these Terms and Conditions to any other party. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. These Terms and Conditions shall be governed by, and construed in accordance with applicable federal law and with the laws of the State of Delaware , without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the courts of the State of Delaware , except that any disputes arising from or related to an account opened and maintained in a state or jurisdiction other than Delaware shall be governed by the laws of that state or jurisdiction (without reference to the conflict of law rules thereof). In addition, any dispute arising from or related to your accounts with Katabat, LLC or Services provided to you by Katabat, LLC shall be governed by federal laws and regulations, Federal Reserve Bank rules and Operating Circulars, local clearinghouse rules, Automated Clearing House rules, and general commercial bank practices applicable to accounts of your type and/or to the Services provided by Katabat, LLC.