NOTE: THESE TERMS AND CONDITIONS HAVE BEEN MODIFIED AS OF JANUARY 2018.

Your use of the Cook County Treasurer’s Online Payment Service (hereinafter referred to as “Online Payment” or the “Online Payment Service”) is subject to all terms and conditions contained in this Online Payment Service Agreement (this "Agreement").  Please read the Agreement carefully before proceeding, as your use of the Online Payment Service constitutes your acknowledgment of its terms and conditions and your agreement to be bound thereby.

IMPORTANT NOTICES:

Pursuant to 35 ILCS 200/20-12 and Cook County Ordinance 07-O-68, third-party payers and their agents, including, but not limited, to mortgage companies, escrow agents and title companies, are required to pay a fee under certain circumstances involving requests for property tax bills or their electronic equivalents. Use of the Online Payment Service by third-party payers or their agents is strictly prohibited by the Cook County Treasurer’s Office . Third-party payers (or their agents) who use the Online Payment Service will be deemed to have intentionally circumvented Cook County Ordinance 07-O-68 and the rules and regulations of the Cook County Treasurer's Office. Use of the Online Payment Service by any third-party payer will result in a $5.00 fee being assessed for each Property Index Number ( hereinafter abbreviated as “PIN”) paid by the third-party payer via Online Payment, plus any associated costs, such as, but not limited to, legal and accounting fees. In addition, any use of the Online Payment Service by a third-party payer or its agent will be referred to the Cook County State's Attorney for investigation and/or prosecution.

Please also note that, pursuant to Cook County Ordinance 19-O-4589, if you tender payment upon 10 or more PINs through the Online Payment Service you are required to pay a $2.00 enhanced processing fee per PIN and installment upon which you tender payment. Entities subject to this fee will be determined and billed at least annually rather than at the time of payment.

I. SERVICES AND GENERAL INFORMATION

1. Services Available.

With Online Payment, you CAN:

· Pay the outstanding balance of General Taxes for the current tax year(s);

· Pay taxes either in full or make a partial payment;

· Pay via electronic funds transfer; and

· Pay by credit or debit card prior to the original installment due date.

With Online Payment, you CANNOT:

· Pay more than the amount indicated as due;

· Pay via a passbook savings account or any other non-ACH debit-eligible account;

· Pay taxes on any PIN from more than one bank account per payment;

· Pay any back tax, arrearage tax, circulator tax, pollution tax, or municipal special assessment;

· Pay any subsequent tax ("sub tax") as part of, and subsequent to, any tax sale purchase;

· Redeem tax sales or general forfeitures; or

· Pay from a foreign account.

2. Unavailability of Service

On the original due date of an installment, and the first of every month thereafter, the Online Payment Service will be available until 11:59 PM Central Time. After 11:59 PM on these dates, the Online Payment Service WILL NOT be available for a twelve (12) hour period.

3. Partial Payments.

You may make a partial payment. You may pay any amount between $0.01 and the total indicated amount due. You cannot pay more than the total indicated as the amount due.

4. Amount Due and Appearance of Payment on the Treasurer's Office Website.

The amount due is as of the date indicated by the Online Payment Service. Please note that your payment may take up to ten business days to be reflected on the website of the Cook County Treasurer's Office (hereinafter referred to as the “CCTO”). To confirm that your payment was successful, it is recommended that you check with your bank within two business days of submitting your Online Payment request.

5. Date Payments Deemed Accepted.

Payments are deemed accepted on the date and time that you submit your Online Payment request, provided that funds are subsequently successfully transferred from your account based upon the bank account and bank routing numbers that you provided when submitting your Online Payment request.

6. Result of Incorrect Bank Account and/or Bank Routing Information.

The Online Payment Service does not validate its users’ account information. Incorrectly entering your bank account number or your bank's 9-digit ABA routing number can result in the rejection of your Online Payment request. Users of the Online Payment Service are solely responsible for ensuring, before submitting an Online Payment request, that their account is ACH debit-eligible and that they have entered the correct bank account and ABA routing numbers.

7. Notice of Rejected Payment Request or Electronic Transfer.

If you provide an incorrect bank account number or 9-digit ABA bank routing number or your electronic transfer is dishonored by your bank for any reason, you will be notified electronically via email that your Online Payment request was rejected. The notice will be sent to the email address as entered on the payment site. Non delivery or non-receipt of such electronic notice does not under any circumstances entitle the user to any waiver of fees assessed as a result of any rejected Online Payment request.

As provided below, you will be assessed a $25 dishonored transaction fee for any payment direction that is dishonored by your bank for any reason. Please note that under Illinois law, if your Online Payment request is rejected by your bank and you do not successfully re-submit payment on or before the due date thereof, you will also be subject to statutory interest of 1.5% per month until your property taxes are paid in full.

8. $25.00 Dishonored Transaction Fee.

If your payment direction is dishonored by your bank for any reason, you will be assessed a $25.00 dishonored transaction fee.

9. $2.00 Enhanced Processing Fee.

Pursuant to Cook County Ordinance 19-O-4589, if you tender payment upon ten or more PINs through the Online Payment Service, you are required to pay a $2.00 enhanced processing fee per PIN and installment upon which you tender payment. Entities subject to this fee will be determined and billed at least annually rather than at the time of payment.

10. Appearance on Bank Statement; Bank Statement as Receipt.

A debit will appear on your bank statement identified as "Cook County Treasurer" in the amount of your property tax payment.

Please note that your bank statement indicating the successful transfer of funds to the CCTO serves as the proof of your property tax payment. Therefore, it is important that you keep your bank statements for your records.

11. Incorrect Taxpayer Name and/or Tax Bill Mailing Address.

If you are certain that you have entered your correct PIN, but the taxpayer name or mailing address displayed on the CCTO website is incorrect, you may download a "Change of Name and Address" form by clicking on the "Forms" tab on the CCTO website (https://www.cookcountytreasurer.com ). Forms may also be obtained in person at the CCTO office located at 118 N. Clark Street, Chicago. Completed (and notarized) forms may be mailed to the following address: Cook County Treasurer, Name and Address Change Department, 118 N. Clark Street, Room 112, Chicago, IL 60602.

12. Incorrect Property Location.

If you are certain that you have entered your correct PIN, but the property location displayed on the CCTO website is incorrect, you may complete a "Change of Property Location" form online at the Cook County Assessor's website by clicking here .

13. Use of Other Online Payment Services.

Online payment of taxes to the CCTO can only be accomplished via the Online Payment Service. Payments made through other online or electronic payment services are not accepted.

14. Error Message – Taxes Paid in Full.

If you receive an error message indicating that your taxes cannot be paid online because they have already been paid, it is possible that you double-clicked the "submit" button when you submitted your Online Payment request. If you receive this error message, the CCTO recommends that you confirm with your bank within two business days that the transaction was processed successfully. If a debit to your bank account has not occurred after two business days, please attempt to re-submit the payment. Pursuant to CCTO business policies, property taxes for which full payment has already been received by the CCTO cannot be duplicately paid via Online Payment.***

15. Error Message – Payment of Taxes Already Committed.

It is common for property owners to pay their property taxes via a “tax escrow” arrangement, whereby the property owner makes payments into an escrow account held by their mortgage lender. The property owner’s lender (or its agent) then uses those monies to pay the property taxes on the owner’s behalf. Under such an arrangement, the property owner makes payments into the escrow account in lieu of paying his/her property taxes directly to the CCTO. The property owner’s mortgage lender (or its agent) typically “commits” to pay the property taxes on the owner’s PIN in advance of remitting payment of such taxes.

If you receive a message indicating that another party has already committed to pay the taxes that you are attempting to pay via the Online Payment Service, it is strongly recommended that you verify, before proceeding to submit your Online Payment request, (1) that you have correctly entered the PIN and installment of property taxes that you seek to pay and (2) that the third party who has committed to pay such taxes is not acting as your agent or your lender’s agent in connection with a tax escrow arrangement.

16. Message on Tax Bill – Mortgage/Lender Commitment to Pay Taxes.

Mortgage lenders (or their agents) typically “commit” to paying the owner’s property taxes before actually remitting the payment of those taxes owed on the Property Index Number (“PIN”).

If you received a property tax bill with a message stating, ‘This tax bill has been identified to be paid by a bank/mortgage company. Verify by contacting your lender. Do not double-pay this bill,’ the property owner’s mortgage lender (or its agent) has pre-committed to pay the property taxes on the owner’s PIN in advance of remitting payment for such taxes.

PLEASE NOTE THAT IF YOU HAVE RECEIVED A NOTIFICATION OR ERROR MESSAGE INDICATING THAT ANOTHER PARTY HAS ALREADY COMMITTED TO PAY YOUR PROPERTY TAXES, YOUR SUBSEQUENT SUBMISSION OF PAYMENT FOR SUCH TAXES VIA THE ONLINE PAYMENT SERVICE SHALL CONSTITUTE (1) YOUR CERTIFICATION THAT YOU ARE THE PARTY LEGALLY RESPONSIBLE FOR THE PAYMENT OF SUCH TAXES, (2) YOUR DISCLAIMER OF ANY INTEREST IN OTHER PROPERTY TAX PAYMENTS MADE ON SUCH PARCEL FOR THE SAME TAX YEAR AND INSTALLMENT, AND (3) YOUR ACKNOWLEDGMENT THAT THE CCTO MAY RELY UPON THE FOREGOING CERTIFICATION AND DISCLAIMER IN REFUNDING ANY DUPLICATIVE PAYMENT(S) OF SUCH TAXES.

17. Confirmation Number.

The "Confirmation Number" that you are issued DOES NOT evidence a successful transfer of funds; this number is merely your proof that you have submitted an Online Payment request. Being provided a "Confirmation Number" DOES NOT mean that your bank account number and bank ABA routing number were entered correctly, and DOES NOT mean that sufficient funds are available in your bank account.

18. Taxpayer's Duty to Confirm Successful Transfer of Funds.

To avoid the accrual of statutory interest, it is the duty and responsibility of the taxpayer to confirm with his/her own bank that the transfer of funds initiated via the Online Payment Service was successful.

19. Funds Transfer Date.

Funds are typically transferred from your account by the end of the next business day following your submission of an Online Payment request. Successful transactions are deemed accepted, however, on the date that the taxpayer fully and successfully performed the Online Payment transaction. As used herein, “successful transaction” refers to an Online Payment request that results in a successful transfer of funds from the user's bank account to the CCTO’s account.

20. Email.

a. Uses . You must not use email for communication with the CCTO regarding any time-sensitive matters. If you send the CCTO a message via email, the CCTO will receive it by the following business day. By submitting any email communication to the CCTO, you acknowledge and agree that the CCTO may take a reasonable amount of time to respond to or otherwise act upon your message.

b. Email is Not Secure . Email transmissions are not secure. As such, the CCTO recommends that you do not send or ask for sensitive information via any general or public email system.

c. Responses by email . You agree that the CCTO may contact you by email with regard to any non-confidential matter related to your use of the Online Payment Service and that the CCTO may respond by email to any message (regardless of its subject matter) that you have submitted to the CCTO via email.

21. Recording and Records.

In the event that there are any contradictions between any content of the records maintained by the CCTO and your own personal records, the records of the CCTO will govern.

22. Service Interruptions.

The Online Payment Service may be unavailable at certain times when computer systems require maintenance or upgrades, when other unforeseen maintenance is necessary, or when certain major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. The CCTO will make all reasonable efforts to ensure the availability of the Online Payment Service. However, the CCTO shall in no way be liable for the unavailability of all or any part of the Online Payment Service at any time. The unavailability of the Online Payment Service in no way releases you from any obligation to make timely payment of property taxes or from the accrual of statutory interest thereon.

II. SECURITY PROCEDURES

1. Your Role.

Your role is extremely important in the prevention of any wrongful use of your bank account information. You must promptly examine your bank statements upon receipt. If you believe your bank statement is wrong or if you need more information about a transaction, please refer to your bank's Error Resolution Notice for the proper procedures to follow.

2. Encryption.

Data transferred via the Online Payment Service is encrypted in an effort to provide transmission security. Notwithstanding the efforts of the CCTO to ensure that information transmitted to and from the Online Payment Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and can potentially be monitored and read by unauthorized parties. The CCTO cannot and does not guarantee the security of data transfers using the Online Payment Service or email transmittals to or from the CCTO.

3. Additional Security Procedures.

The CCTO may from time to time use reasonable additional or alternative procedures in an effort to ensure the security and confidentiality of your financial records and transactions using the Online Payment Service. Such procedures may include, without limitation, encryption, creating security firewalls in the CCTO’s computer systems and implementing other commercially reasonable security procedures. You agree to comply at all times with all security procedures the CCTO may impose in connection with the use of the Online Payment Service. By your use of the Online Payment Service, you agree that all security procedures used by the CCTO and its affiliates and agents in connection therewith are commercially reasonable security procedures and you assume all risk of loss from unauthorized transactions involving your account. You further acknowledge that the CCTO reserves the right to change the security procedures at any time upon notice to you (if such notice is required by law), and you agree that your continued use of the Online Payment Service shall evidence your acceptance of any such changed procedures and your acknowledgment as to the commercial reasonableness thereof.

4. Exercise Reasonable Care.

The CCTO will exercise good faith and reasonable care in processing your transactions. You will similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating with the CCTO, and in reviewing account statements for any errors or discrepancies.

III. GENERAL TERMS AND CONDITIONS

1. Terms of Agreement.

You understand and agree to the terms and conditions set forth in this Agreement. In the event of any conflict between one or more provisions of this Agreement and the provisions of any other applicable agreement, the provisions of this Agreement will control. Your use of the Online Payment Service is subject to all applicable laws and regulations, all of which, when taken together with this Agreement, shall constitute the complete agreement between you and the CCTO (for itself and on behalf of its affiliates and agents and the Cook County government as a whole) regarding the subject matter hereof.

2. Electronic Funds Transfer Act.

This Agreement applies to personal accounts and business accounts, except as otherwise noted. As personal accounts may be subject to the Electronic Funds Transfer Act ("EFTA"), some personal accounts will be governed both by the rules of the EFTA and this Agreement. If the EFTA applies to an account and there is a conflict between the rules of the EFTA and this Agreement, the EFTA's provisions will control.

3. Limits on Transfers.

Your ability to transfer funds between certain accounts is limited by federal law. For example, you can make no more than six (6) transfers from a Statement Savings, Passbook Savings, Ultimate Savings, or Money Market account during each statement period, and in the case of a Money Market account, no more than three (3) of such transfers may be made by check, draft, or similar order made by you and payable to a third party. Transfers and tax bill payments made using the Online Payment Service may be counted against the permissible number of transfers. Your bank may reserve the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.

4. Changes in Terms of Agreement and Availability of Online Payment Service.

The CCTO reserves the right to modify the terms of this Agreement at any time. The CCTO further reserves the right to terminate the Online Payment Service, to make access thereto unavailable, or to modify the online content thereof, with or without notice at any time.

5. Information Accuracy.

The CCTO strives to provide complete, accurate, and timely account information. All information provided to you by the CCTO is either generated by the CCTO or obtained from sources believed by the CCTO to be accurate and reliable. However, because of the possibility of human, electronic, and mechanical errors; delayed updates; and other factors, such as the difficulty of securing a website from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither the CCTO nor any of its affiliates or agents provide any representations or warranties regarding the Online Payment Service, the CCTO website, or any information contained therein, and the CCTO will not be liable to you if any such information is unavailable, delayed, or inaccurate. THE ONLINE PAYMENT SERVICE, THE CCTO WEBSITE, AND ALL INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE CCTO MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) OF EVERY KIND, INCLUDING WARRANTIES OR DUTIES (IF ANY) AS TO ACCURACY, TIMELINESS, COMPLETENESS, SUITABILITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE OR VIRUSES. The CCTO makes no warranties against infringement or of quiet enjoyment, nor any other express or implied warranties of any kind whatsoever.

6. Computer Virus Information.

It is possible to contract a computer virus by using the Internet or materials downloaded from it. The CCTO attempts to keep its website virus-free, but the CCTO cannot guarantee that the website or any software or other information downloaded from it will be free of viruses. The CCTO is not responsible for any electronic viruses or other detrimental computer hardware or software infections that you may encounter, including, without limitation, any computer virus-related problems that may be associated your use of the Online Payment Service.

7. Your Computer and Software.

You are responsible for the installation, maintenance, and operation of your computer and your browser software. You assume all risk of error, failure, or non-performance, including the risk that you do not operate your computer or your software properly. The CCTO is not responsible for any errors or failures resulting from any malfunction of your computer or your software. The CCTO shall have no liability to you for any damage or other loss, whether actual, special, direct, indirect, consequential, punitive, or otherwise, which you may suffer or incur by reason of your use of the Online Payment Service or the CCTO website. THE CCTO MAKES NO WARRANTIES TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IV. LIMITATION OF LIABILITY

1. Limitation of Liability for Loss.

To the fullest extent allowed by law, you agree that neither the CCTO nor any of its affiliates or agents will be liable to you or any third party for any loss, property damage, bodily injury; any indirect, consequential, or incidental damages (including, but not limited to, lost profits or lost opportunity); or any other actual, special, or punitive damages whatsoever, which (i) arise out of or are directly or indirectly related to the Online Payment Service or any use of the CCTO website or the information contained therein, or (ii) result from any failure to complete any transaction, even if the CCTO has been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action whatsoever, including, but not limited to, legal or equitable proceedings and claims relating to contract, tort, or products liability.

2. Specific Situations.

Notwithstanding anything to the contrary set forth herein or elsewhere, the CCTO will have no liability whatsoever if, without limitation:

· Through no fault of the CCTO, you do not have enough money in your account to make a transfer;

· A transfer would cause your balance to go over the credit limit on your personal reserve account or any other line of credit product;

· The Online Payment Service was not accessible or otherwise not working properly you attempted to submit an Online Payment request;

· Circumstances beyond the CCTO’s control (such as fire, flood, or improper transmission or handling of payments by a third party, including the post office) prevent a transfer of funds;

· The funds in your account are subject to legal process or other encumbrance restricting transfer;

· Your account is closed or frozen to transactions;

· The CCTO has completed any transaction requested by your authorized agent;

· You or anyone else acting on your behalf (whether or not authorized) commits any fraud, misrepresentation, or deceit, or violates any applicable law or regulation;

· Any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly;

· You have not properly followed the CCTO’s instructions as to how to make a transaction, or you provide the CCTO with incorrect, incomplete, or inaccurate information, whether electronically, orally or in writing; or

· You have failed to verify the correctness of the PIN designated in your Online Payment request.

3. Time Limitation.

During and following the term of this Agreement, in any event wherein you believe the CCTO has breached the terms hereof or is liable hereunder for any reason, you agree to contact the CCTO within five business days following the date on which the breach occurred or the liability arose

4. Your Liability.

Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than the CCTO). Such liability includes instances wherein someone effects one or more transactions to your detriment. You are liable for all payments that you make or which are made or requested by your agent, even if such agent exceeds its authority in so doing, and even if such agent is not an authorized signer on your account.

V. MISCELLANEOUS TERMS AND CONDITIONS

1. Waiver and Severability.

The CCTO may delay exercising its rights hereunder without thereby waiving them. A waiver or partial exercise of one right does not constitute a waiver of any other rights or of the same right at another time. If any provision of this Agreement, or its application to any person or set of circumstances, is held invalid or unenforceable to any extent, the remainder of this Agreement, and its application to any other persons or sets of circumstances, shall not be impaired or otherwise affected.

2. Governing Law, Venue, and Jurisdiction.

This Agreement is governed by the laws of the State of Illinois, U.S.A. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Cook County, Illinois in all disputes arising out of or relating to the Online Payment System or the CCTO website, any use thereof, or any information contained therein. You agree that a printed or electronic version of these terms and conditions (and any amendments hereof) will be admissible in any judicial or administrative proceedings to the same extent as paper records.

3. CCTO’s Right to Terminate this Agreement.

The CCTO reserves the right to unilaterally terminate this Agreement, the Online Payment Service and/or your access thereto, in whole or in part, at any time with or without notice.

4. Assignment.

To the extent permitted by law, the CCTO reserves the right to assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

5. Error Resolution – User Error.

The user agrees that when (if ever) he/she knows or has reason to know that an error occurred at any time during the Online Payment transaction request process as a result of the user’s error (such as, but not limited to, entry of an incorrect bank account number, entry of an incorrect ABA bank routing number, payment on the incorrect PIN, etc.), the user will immediately contact his/her bank to determine what, if any, corrective measures may be taken. Once a payment is submitted to the CCTO, it cannot be canceled.

6. Error Resolution – County Error.

The user agrees that when (if ever) he/she knows or has reason to know that an error occurred as the result of any action of the CCTO, Chase Bank, or their respective agents, the user shall, within five business days of such actual or constructive knowledge, contact the CCTO at (312) 443-5100 and report such matter to a Customer Service representative, or report the same in writing to the Cook County Treasurer's Office, Attn: Director of Operations, 118 N. Clark Street, Room 112, Chicago, IL 60602. Any resolution of the purported error shall be as determined by the CCTO in its discretion and in accordance with applicable law and the policies and procedures of the CCTO.

All system errors or suspected system errors must be reported to the CCTO within five business days following the date on which the user first knew or should have known of the error or suspected error.

7. How to Contact Us.

For all matters pertaining to or affecting this Agreement, you may contact the CCTO by telephone at (312) 443-5100 or by mail to the following address: Cook County Treasurer's Office, Attn: Director of Operations, 118 N. Clark Street, Room 112, Chicago, IL 60602.

By your use of the Cook County Treasurer’s Online Payment Service, you acknowledge that you have read, understood, and accepted all of its terms and conditions as set forth in this Agreement.