ELECTRONIC BILL PAYMENT SERVICE
Wawanesa ("us", "we" or "our") is providing this payment service ("Service") as a convenient option to all our valued policyholders ("you" or "your"). At this time, the Service is limited to the ability to pay your Wawanesa policy premiums electronically over the Internet. In addition to these Terms & Conditions, we recommend you review our Frequently Asked Questions (Online Payment FAQ) and our Privacy Pledge.
AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE
- The Service incorporates commercially reasonable methods to authenticate the information that you supply for making a payment through the Service. You will not be able to submit a payment until the Service authenticates you and you have read these Terms & Conditions.
- The Service may be used for premium payment of both your Auto or Residential Property insurance policies.
- As the user of the Service, and upon your acceptance of these Terms & Conditions, you will have to agree to provide your bank account, Credit or Debit Card (your "Designated Account") information. You are responsible for any regulatory, legal or banking penalties and fees that may be assessed for supplying false information to us for use with the Service.
- The Designated Account must be one for which you are an authorized signer.
- By accepting these Terms & Conditions, you authorize Wawanesa to initiate a charge to your Designated Account according to your instructions. Each time you use the Service to pay your Wawanesa billing statement, you will be re-authorizing us to charge your Designated Account.
- Do not share your banking information or password with anyone.
- By accepting these Terms & Conditions, you represent and warrant that:
- You are 18 years of age or older;
- You are using your actual identity and any information you provide is accurate and complete;
- You are legally authorized to make payments using your Designated Account;
- You have read and agreed to our Privacy Pledge;
- You agree and understand that your Designated Account may be charged a convenience fee for each transaction successfully completed;
- You further agree and understand that where a convenience fee is applicable, each transaction shall be subject to a maximum amount; and
- Your use of the Service will not violate any local, state, national or international laws or regulations.
BILL PAYMENT SERVICE
By providing Wawanesa with the account information for your Designated Account, you authorize us to follow the payment instructions we receive from you through the Service.
When you use the Service to send us a payment instruction, you authorize Wawanesa to initiate a message to your financial institution to charge your Designated Account and to send those funds to us for payment on your Wawanesa policy so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction.
If your payment is received after the due date of your premium notice, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us, then you remain responsible for any lapse in policy coverage that may occur, the same as if you mailed your payment to us and it was post marked after the due date. This would be true even if you are unable to access the system due to problems with the Internet, or our servers being temporarily unavailable. Therefore, we recommend that you instruct the Service to initiate each payment to us at least five (5) business days before the actual premium due date. Business days are Monday through Friday except for bank holidays. If you use the Service to send us your payment instructions after 1:00 p.m. Pacific Time, then the Service will treat your instruction as if it was received on the next business day. However, the exact date and time of your submission of payment instructions will determine whether or not your payment was received prior to the policy premium due date.
If you submit payment instructions through the Service after the expiration or cancellation date of your policy, Wawanesa reserves the right to refuse reinstatement of your policy coverage. Therefore, if you wish to make a payment on an expired or canceled policy we strongly recommend that you contact Customer Service and inquire as to the policy reinstatement eligibility prior to using the Service. If you do not contact Customer Service to establish eligibility, we will have no knowledge of your desire to reinstate coverage until such time as we receive your payment and Wawanesa will have to make the coverage reinstatement decision after your Designated Account has been debited. In that case, if Wawanesa refuses to reinstate the policy, the payment, less any outstanding earned premium due at the time policy cancellation took place, will be returned in the form of a refund check payable to the policyholder. The refund and notice of policy reinstatement refusal will be mailed to the policyholder at the last known address on the policy.
In the event any attempts to collect the amounts from your Designated Accounts result in a denial owing to a "non-sufficient funds" or "NSF" status, you will be required to pay a $25.00 fee and you will be required to pay the original amount that was owing under this Agreement.
The Service is designed to process your payment(s) properly. However, Wawanesa shall incur no liability if the Service is unable to complete any of your payments because of any of the following circumstances:
- The Designated Account has insufficient funds to complete the payment;
- A legal order directs us or your financial institution to prohibit withdrawals from the Designated Account; or the Designated Account is closed or frozen;
- Our electronic bill payment processing center is not working properly and we have advised you about that condition before you try to execute the transaction;
- You have submitted to us incorrect name or account information; or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, unavailability of the Internet, or interference from an outside force) prevent the proper execution of the payment.
If none of those five conditions exist and the Service causes an incorrect amount of funds to be charged to your Designated Account or otherwise fails to execute your payment instructions, Wawanesa shall return the improperly transferred funds to you if you notify us within 120 days of the issuance date of your financial institution statement that shows the incorrect transfer.
LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES
THE FOREGOING SHALL CONSTITUTE WAWANESA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE EVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE.
We are providing the Service to you "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
The Terms & Conditions are the legal and binding agreement between Wawanesa and you with respect to the Service. You will be agreeing to the current provisions of these Terms & Conditions each time you make a payment using the Service. These Terms & Conditions may have been altered or amended from the last time you used the Service so in order to be certain you still agree with the Terms & Conditions be sure to read them each time before you make a payment. Your use of the Service after any change to these Terms & Conditions will constitute your agreement to such change(s).
TERMINATION OR DISCONTINUATION
We reserve the right to terminate the Service at any time, or to terminate your use of the Service. If we terminate your use of the Service, you will need to pay your Wawanesa policy premiums in another manner.
These Terms & Conditions are the complete and exclusive agreement between you and Wawanesa relating to the Service. It supersedes any proposal or prior agreement, oral or written, and any other communications between you and Wawanesa relating to the Service. If there is a conflict between what a Wawanesa employee tells you and the terms of this agreement, these Terms & Conditions will prevail.
These Terms & Conditions shall be governed by the laws of California, or Oregon, as may apply, without regard to the choice of law or conflict of law rules thereof.