SelectPay ACH Payment Terms and Conditions

Knoxville Utilities Board

SelectPay ACH Payment Terms and Conditions Payment Obligations –

SELECTPAY: By enrolling in our SelectPay program, you are authorizing Knoxville Utilities Board (KUB) to withdraw (ACH debit) one-time payment of your bill from your financial institution (“bank”) account, as initiated by you via phone or KUB’s website. KUB collects and stores your banking information only for the purpose of completing this payment transaction in accordance with the Terms and Conditions of this service. KUB will not use your banking information for any other purpose. KUB shall have no liability should your bank refuse to accept the ACH debit or for the quality of services provided by your bank in connection with this service.

By enrolling in this program, you agree and consent to the following:

•      Cancelation Notice: You have the right to withdraw from the SelectPay program at any time by contacting KUB Customer Service. Payments that are scheduled but which have not yet been remitted to your bank for withdrawal will be canceled and you will be responsible for remitting payment for the balance to KUB. Payments which have already been remitted to your bank for withdrawal cannot be canceled, regardless of whether or not the payment has occurred at your bank.

•      Cancelation of Payment: To cancel a SelectPay withdrawal, you will need to notify KUB at least 2 business days before the transaction is scheduled to be made. Your SelectPay program enrollment will remain active and in effect unless KUB receives a cancellation notice as described above. Every effort will be made to honor requests. Upon written request, KUB will cancel automatic debit service as soon as possible.

•      Changes to Bank Information: If you need to update your checking or savings account information, you must either mail us a voided check for the new account or update your banking information online at our website, www.kub.org. Your bank information will be updated within 2 business days after receipt by KUB; however, any previously scheduled draft will not be updated to reflect the new banking information. You must contact KUB Customer Service [see Contact Us below] to request the banking information be updated on a previously scheduled draft.

•      Scheduling: SelectPay payments are scheduled when you initiate the payment via phone or web. Web payments may be scheduled for dates in the future, if the account is in good standing. Phone payments are considered same-day payments.

•      Returned Payments: Any payment returned to KUB as uncollectible by your bank will result in a returned item fee on your KUB account. If a second payment is returned to KUB within 12 months, KUB will immediately remove your account from the SelectPay program.

•      Discontinuation of Service: Discontinuation of utility service does not cancel your enrollment in SelectPay. You must follow the deactivation procedures above to terminate this program.

•      Termination: Participation is optional. KUB reserves the right to discontinue accepting SelectPay payments at any time, for any reason, without prior written notice. KUB may send notification of termination of SelectPay anytime after the termination is effective. If KUB terminates, KUB will not accept payment and debit requests. KUB also may temporarily discontinue accepting SelectPay payments, with our sole discretion. Termination does not affect your rights and obligations for SelectPay payments prior to termination.

Unauthorized Use – If you think your bank account has been accessed without your permission, contact us immediately by calling or writing us at the telephone number or address provided in the Contact Us section. You should also contact your financial institution. Call us immediately if any unauthorized payments appear on your bank account statement.

Statement of Liability and Hold Harmless and Indemnification

Except as provided elsewhere in these Terms and Conditions, if KUB fails to complete a withdrawal on time or in the correct amount, KUB will pay for any fees or charges imposed by your financial institution that result from our error. Exceptions: (1) if through no fault of ours, you do not have enough money in or sufficient credit available on your account to make your payment; (2) transfer of money from your bank/card account is restricted; (3) the AutoPay/SelectPay system was not working; (4) circumstances beyond our control prevent payment despite reasonable precautions. Our liability is limited by law to those damages actually caused. KUB is not liable if (1) you fail to use the AutoPay/SelectPay program properly; or (2) you do not request or otherwise initiate a recurring or one-time payment sufficiently in advance of your payment due date; or (3) your financial institution refuses to honor the debt; or (4) your instructions are lost or delayed in transmission to us; or (5) a reasonable security concern, such as an unauthorized use, causes us not to make the payment; or (6) your account is closed; or (7) the AutoPay/SelectPay program has been terminated or suspended.

These terms and conditions do not supersede, modify or in any way mitigate your obligation to be bound by and comply with all applicable tariffs, rules or regulations related to your service. KUB SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE OR DATA WHICH ARISE FROM OR IS RELATED TO AUTOPAY/SELECTPAY. IN ADDITION, YOU INDEMNIFY AND HOLD KUB HARMLESS FROM ANY ACTIONS, CLAIMS, DAMAGES, LIABILITIES OR LOSSES ARISING FROM OR RELATED TO THE USE OF AUTOPAY/SELECTPAY and any service provided thereunder.