Internet Banking Disclosure & Agreement
If you requested Internet Banking Service ("Service"), we are required to provide you with certain information including the initial disclosure required by the Electronic Funds Transfer Act and Regulation E (jointly "EFTA"). In addition, while you are a subscriber to the Service, there may be other disclosures, notices, or other communications we are required to give you pursuant to EFTA, depending on the circumstances. This includes any notice we are required to provide pursuant to EFTA if we make changes to the Service, as well as any responses we are required to provide to you if you assert that an error or unauthorized transaction has occurred in connection with the Service. In order to continue enjoying the benefits of the Service, we require that you be willing to receive any disclosure, notice, or other communication required pursuant to EFTA electronically. If we provide a disclosure, notice, or other communication to you electronically that we are required to provide to you under EFTA, upon request, we will provide a copy to you at no additional cost.
Consent and Acknowledgement
This consent applies to the Service and any accounts which you register to use with the Service. You have agreed to accept the disclosures and other information electronically as described above, and accept the following:
• Acknowledge receipt of the Disclosure & Agreement regarding the Service; • Confirm you are able to access and retain this information provided electronically • Consent to receipt of the disclosures and other information electronically as described above; and • Agree to the Terms and Conditions for the Service.
This Agreement and Disclosure ("Agreement") contains important information and guidelines for using the Service. These are the current terms of your Agreement with the credit union for accessing your accounts and making use of other services via Internet Banking. By using the Service, or authorizing others to use it, you agree to these terms. The credit union may amend these terms from time to time. You will be notified of any amendments that affect your rights or obligations. Each of your accounts at the credit union, which are accessed by the Service, continue to be governed by the applicable Membership and Account Agreement, State and Federal Regulations relating to Deposit Accounts, Electronic Fund Transfer Agreement and Disclosures, and the Rate and Fee Schedule Disclosure (all of which is included in this Member Information Packet).
Computer Equipment and Software
You will need computer hardware and software sufficient to enable you to access the Internet. You will need to have an Internet service provider and updated browser that is SSL compliant (128 bit encryption) which includes a majority of the available Internet browsers. You are responsible for the installation, maintenance, and operation of the computer and browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate the computer and software properly. We are not responsible for any loss, damage, or injury, whether caused by your equipment or software, the services, or any technical or editorial errors contained in or omissions from any user guide related to the services. We will not be responsible for any direct, indirect, special, or consequential damages arising in any way out of the installation, use, or maintenance of your equipment, software, or the services, except where the law requires a different standard.
Unavailable, Delayed, or Inaccurate Account Information
The credit union strives to provide complete, accurate, and timely account information through the Service. However, unless otherwise required by Law, we will not be liable to you if any such information is unavailable, delayed, or inaccurate. With respect to electronic funds transfer problems, such as unauthorized transfers or the credit union’s failure to properly complete authorized transfers, the extent of our liability is described in this Agreement.
New Services
We may, from time to time, introduce new services or enhance the existing services. We will notify you when these new or enhanced services are available. By using these services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures, as well as any additional terms, conditions, and disclosures we provide to you.
Signing Up for the Service
To use Internet Banking you must have an account with the credit union that is in good standing. To use the Bill Payment Service you must have an active share draft account. You can activate any of these services through the credit union’s website. You will establish “Log In” credentials on the credit union’s website or with credit union staff.
Access Code
We are committed to the security of our members’ accounts and account information. However, you must also take every precaution to ensure the safety, security, and integrity of your accounts and transactions provided on the Service. An Access Code will allow access to your accounts and other services provided; providing this information to another person effectively constitutes a grant of authority to access your accounts for all purposes and without limit, under the EFTA; such authorization shall continue until you have notified us in writing that such person is not authorized to act with regard to your accounts and the Service. Your Access Code(s) is (are) designed to authenticate your transactions and those transactions which you authorize others to conduct for you. You agree that you will not disclose, and will prevent the disclosure of, any Access Code. If the confidentiality of any Access Code is compromised you shall notify us immediately by calling us at (806) 358-7561. In the event any of your Access Codes is compromised, you will be required to change it. You assume sole responsibility for maintaining your Access Code(s).
Scope of Internet Banking Services
Internet Banking will allow you to perform the following activities or access the following information:
View savings, loan, and other account balances and histories; • Transfer money within your accounts; • View and download copies of paid checks; • View deposits made to your accounts •pay bills via bill pay.
Service Availability
The Service is generally available any time, day or night, seven days a week, by signing on to the Service and entering your User ID and password. The Service may be unavailable from time to time for scheduled maintenance. There may also be unscheduled down time, but we will work to minimize such interruptions in Service.
Restrictions and Fees on Transfer from Certain Deposit Accounts
Each transfer through the Service from a money market account is counted as one of the limited transactions permitted each Statement Cycle period (i.e. six per month for Money Market Share Accounts), as described in the "Membership and Account Agreement" and "Schedule of Fees & Charges." Transfers are not permitted to or from Share Certificates, IRA Certificates, Share Savings held for collateral, or IRA Savings.
Your Liability for Unauthorized Transfers
If you believe any of your Access Codes has been lost or stolen, you should notify us and change your password immediately. Tell us at once if you believe your statement, account or transaction information, or security information has been lost, stolen, or compromised. Contacting us by phone is the best way of keeping your possible losses down. You could lose all the money in your account, as well as your maximum overdraft line of credit, if applicable. If you tell us within two business days, you can lose no more than $50.00 if someone used your security information without your permission. If you do not tell us within two business days after you learn of the loss or theft of your security information, and we can prove we could have stopped someone from using your security information without your permission if you had notified us, you could lose as much as $500.00. If your statement shows transfers that you did not make, tell us at once. If we do not receive notification from you within sixty calendar days after the statement date, you may not be entitled to any type of account re-credit for lost funds.
Security of Website
While the credit union has taken all necessary and optional precautions to ensure the security and safety of its website and the Internet Banking Service, the credit union does not guarantee that downloads from the site will be free of any viruses or other destructive devices. Additionally, you provide, request, and receive information from the site with the knowledge that such information can be intercepted and/or viewed by unknown third parties.
Amendments to Agreement
The credit union may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.
Member Service Information
Questions regarding Internet banking should be directed to the credit union at (806) 358-7561, during normal business hours Monday through Friday.
Internet Bill Pay Disclosure & Agreement
In order to sign up for Internet bill pay, you must read and agree to this Agreement and Disclosure. You may use the bill pay service to direct ACFCU (credit union) to make payments from your designated share draft account to the payees you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures, and other documents governing your account. If you decide to discontinue use of this service, please provide written notice to the credit union.
Authorization
Your use of ACFCU’s bill pay service signifies that you have read and agree to the terms and conditions of this Agreement and Disclosure.
Restrictions
You may not use the bill pay service to make payments to a federal, state, or local government or tax unit, to collection agencies, or to make court-ordered payments such as alimony, child support, speeding tickets, etc. Utility payments to government entities are permitted.
How Payments are delivered
Your bill payments may be sent to payees either electronically or by paper check. Payments made by paper check will take a minimum of 7 to 10 business days to reach the payee. It is your responsibility to schedule your bill payments in such a manner that your obligations are paid on time. Allow sufficient time for each bill payment to reach and be processed by the payee. The credit union cannot guarantee the arrival date of any specific payment, and will not be liable for any service fees or late charges levied against your account.
Your Liability
You are responsible for any loss or penalty, monetary or otherwise, which you may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account (see Schedule of Fees & Charges). If a bill payment is unable to process due to non-sufficient funds, your account will be assessed a non-sufficient funds fee as disclosed in the credit union’s fee disclosure. If a bill payment is successfully processed due to overdraft protection or Courtesy Pay, your account will be assessed an overdraft fee/Courtesy Pay fee as disclosed in the credit union’s fee disclosure.
Stop Payments for Internet Bill Pay Initiated Transactions
The credit union cannot honor stop payments on electronic payments once they are in process. If the payment is made by check, and the check has not yet cleared your account, we may be able to place a stop payment on the check. Bill Pay Member Service can be reached at 844-298-6451 between the hours of 7:00AM-1:00AM ET, 7 days a week. Although we will make every effort to accommodate your request, we may be unable to place the stop payment and shall incur no liability for failing to do so. If you call, we will also require you to present your request in writing within 14 days after you call. There is a charge for each stop payment (see the current Schedule of Fees & Charges).
Amendments to Agreement
The credit union may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.
XV. Open Transfer Disclosure & Agreement
By using the Credit Union’s Open Transfer Service you agree to all of the terms and conditions disclosed in this Agreement. You also agree to receive any and all communication about this Service electronically.
Description of Service
The Open Transfer Service enables you to request a transfer of funds: (1) from your eligible credit union account to a verified account (An account you hold at another financial institution); or (2) from a verified account to my eligible credit union account. The credit union generally uses the ACH Network to execute your open transfer requests, but other methods of transfer may also be used. All requests must be made through the credit union’s Internet banking system and are subject to the terms disclosed in the Member Information Packet, this Agreement, and applicable laws and regulations.
Authorization to Transfer Funds
By using the Open Transfer Service, you hereby represent and warrant to the credit union that you own each eligible the credit union account and verified account, and have full right and authority to all the funds on deposit therein. In addition, you authorize the credit union to execute and charge your eligible credit union account(s) for any open transfer request to a verified account and from a verified account to my eligible credit union account, including any related fee, subject to any applicable limit as to dollar amount or time delays to complete transfers when your Open Transfer requests are made in accordance with the procedures established by the credit union. You understand and acknowledge that the credit union has no obligation to execute any request for a transfer using the Open Transfer Service that is not initiated in accordance with such procedures. You further acknowledge that the acceptance and processing of an Open Transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time. This authorization shall remain in full force and effect until you have informed the credit union in writing that you have revoked your authorization and the credit union has had a reasonable opportunity to act on it.
Information Relied Upon by the Credit Union
You acknowledge and agree that the credit union is relying upon the information you provide in originating an Open Transfer on your behalf. Any errors in the information, including incorrect or inconsistent account names and numbers or the ABA number or name of the financial institution holding your verified account are your responsibility. Although you represent and warrant to the credit union that you are the owner of each verified account and describe it to the credit union by name and account number (or any other number), you understand and agree that if open transfer instructions identify a verified account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. You understand that financial institutions holding your verified accounts may not investigate discrepancies between names and numbers. In addition, you agree that the credit union has no responsibility to investigate discrepancies between names and account numbers.
Limited Power of Attorney
You acknowledge and agree that when the credit union originates a request for a transfer using the Open Transfer Service, the credit union is acting as your agent. You agree to indemnify and hold harmless the credit union as your agent under this limited power of attorney.
Electronic Statement and Notice End User Agreement
Acceptance of Terms
This agreement is a contract that establishes the rules covering your receipts of monthly statements and notices for your accounts at ACFCU. By entering into this agreement, you accept all of the terms and conditions contained herein. Please read it carefully.
Acknowledgement of Disclosures
By signing up for Electronic Statements, you instruct and authorize ACFCU to begin electronic delivery of your account statements and marketing material, as well as notices we are required to provide under applicable Federal and State statutes. You must have an active, valid e-mail account to use this service. If at any time your e-mail address changes, you must notify the credit union immediately. You agree that failure to provide the credit union with an accurate and current e-mail address is not the fault of the credit union.
You further understand that your computer must have access to the Internet and be able to run the latest version of your preferred Internet browser. In addition, you have and will maintain a printer capable of printing any disclosures or account statements that are made available to you.
Your Right to Terminate
You may cancel your Electronic Statement service at any time by providing us with a request in writing by e-mail, fax, or by mail. Your request will take no longer than fifteen (15) days to become effective from the date we receive the request Our Right to Terminate
You agree that we can terminate Electronic Statement service and provide you with mailed statements for any reason at any time.
P2P (Person-to-Person) Payments End User Agreement
Introduction
The following Terms and Conditions (“Agreement”) apply to our P2P (Person-to-Person) Payment service.
Acceptance
By accepting this Agreement and by using P2P, you agree to all the terms, conditions, and notices contained in this Agreement and accept responsibility for your use of P2P. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel the P2P service, from time to time without notice, except as may be required by law.
Any deposit account accessed through this service is also subject to the account disclosures contained within the Member Information Packet. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of P2P.
Definition of Terms
Transaction History
As a PayPal account is not required, you may view your P2P transaction history by logging into Mobile Banking and looking at your account history. Your history is also available through online banking and the periodic statements ACFCU provides you.
Calls to You
By providing a telephone number (including a wireless/cellular telephone) during P2P enrollment, you consent to receiving autodialed and prerecorded message calls from PayPal at that number.
How to Notify Us of Unauthorized EFT, Lost Device, Error, or Inquiry
You agree to notify us immediately if you believe your user name, password, or PIN has become known or an unauthorized transaction has occurred involving your account, and/or if your registered device is lost, misplaced, otherwise not in your possession, or stolen. Contacting us by phone is the best way of keeping your possible losses to a minimum. Please call us immediately. You may also send a message via a secure message by logging into Internet banking.
You must include the following information: your name and account number; a description of the error, loss, and/or EFT that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and the dollar amount of the suspected error or unauthorized EFT.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared.
Fees
You will be responsible for any excess transaction fees that may apply to your account. Also, you are responsible for web access and/or data or text message charges that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable.
Disclosure of Account Information
Please see our Privacy Policy Notice for information regarding how we disclose your personal information.
Notices/Contact Information
ACFCU
6100 I-40 WEST
AMARILLO, TX. 79106
Our Limited Liability for Use of Mobile Banking
Our P2P service is provided to you on an “as-is” and “as-available” basis. We do not make any warranties or representations that you will have continuous or uninterrupted access to P2P or its content or functions, or that such functions will be error-free, or any advertisements, or websites in connection with that service, including, without limitation, express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights and title, and any implied warranties arising from course of dealing or course of performance. Your sole and exclusive remedy for any failure or non-performance of P2P (including any software or their materials supplied in connection with P2P) shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the P2P service. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
In no event will we, or any of our officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable for any consequential (including, without limitation, loss of data, files, profit or goodwill, or the costs of procurement of substitute of goods or mobile banking), indirect, incidental, special, or punitive damages arising out of or in connection with your use of P2P.
Indemnification
You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, mobile service providers, and licensors harmless from any and all third party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys' fees) arising from (1) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (2) your violation of any law or rights of a third party; or (3) your use, or use by a third party, of P2P.
Entire Agreement
This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your P2P services and accounts, contains the entire agreement between us and supersedes any oral communications and previous agreements, if any, with regard to P2P.
Governing Law
Any account will continue to be governed by the laws described in the account Agreement. This Agreement will be construed and interpreted in accordance with Federal law applicable to P2P and to the extent not superseded by Federal law.
Other Electronic Fund Transfers Disclosures
Preauthorized EFTs
Direct Deposit: Upon instruction of (1) your employer or (2) the Treasury Department or (3) other financial institutions, the credit union will accept direct deposits of your paycheck or of federal recurring payments, such as Social Security, to your share or share draft account. Preauthorized Debits: Upon instruction, we will pay certain recurring transactions from your share and share draft account. Stop Payment Rights: If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us orally or in writing at any time at least three business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen days of any oral notification. If we do not receive written confirmation, the oral stop payment order shall cease to be binding fourteen days after it has been made. Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay is required to tell you, at least ten days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set. Liability for Failure to Stop Payment of Preauthorized Transfers: If you order us to stop payment of a preauthorized transfer three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages up to the stop payment amount. Electronic Check Conversion/Electronic Returned Check Fees
If you pay for purchases or bills with a check or share draft, you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.