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Internet Account Access Agreement and Disclosure
Electronic Funds Transfer Disclosure
This Internet Account Access Agreement and
Disclosure ("Agreement") describes your rights and obligations as a user
of the Internet Account Access service. It also describes the rights and
obligations of ("Credit Union"). Please read this Agreement carefully.
By requesting this Service, or authorizing any other persons to use this service,
you agree to comply with the terms and conditions of this Agreement.
1. Definitions
The following definitions apply in this Agreement:
- "Authorized Representative" refers to
a person with authority (with respect to the account);
- "ISP" refers to your Internet Service
Provider;
- "Internet Account Access" is the
internet-based service providing access to your Credit Union account(s);
- "Online Account" means any Credit
Union account or loan from which you will be conducting transactions using a
Service;
- "Password" is the member-generated
code or PIN (Personal Identification Number) selected by you for use during
the initial sign-on, or the code you select after the initial sign-on, that
establishes your connection to the Service and without which you cannot access
the Service;
- "PC" means your personal computer
which enables you, with the Internet browser and ISP, to access your Online
Account;
- "Time of day" references are to
Eastern Standard Time;
- "User ID" is the Credit
Union-generated identification code assigned to you for your connection to the
Service;
- "We", "us", or "Credit
Union" refer to 1st Credit Union of Gainesville which offers the Services
and which holds the accounts accessed by the Services; and
- "You" or "your" refers to
the owner of the account or the authorized representative.
2. Access to Services
The Credit Union will provide instructions
(accessed by clicking the on-line Help button, once you have signed into the
service) on how to use the Internet Account Access and Bill Payment services. You
will gain access to your Online Accounts through the use of your Internet-enabled
device, your ISP, your Password and your User ID.
You may access your Online Accounts 24 hours a day,
seven (7) days a week. However, availability of the Services may be suspended for
brief periods of time for purposes of maintenance, updating and revising the
software.
You can initiate our Internet Account Access
service at any time by following the online instructions provided. Note that you
will be required to change your Password/PIN in order to access the service
subsequent to your first sign-on.
For purposes of transactions, the Credit Union's
business days are Monday through Friday, excluding holidays and weekends. All
Online Credit Union transaction requests received after 9:00 p.m. Eastern Time on
business days and all transactions that are requested on Saturdays, Sundays, or
holidays on which the Credit Union chooses to remain closed will be processed on
the Credit Union's next business day. The Credit Union's business day begins
at 9:00 a.m. Eastern Time.
3. Credit Union Transactions with Internet Account Access
- Account Access. You may access any of
your Credit Union personal accounts online, including share savings, checking,
and club accounts, certificates of deposit, and loan accounts.
- Transfer of Funds. In addition to viewing
account information, you may use Internet Account Access to conduct the
transfer of funds. You may make one-time transfers or schedule future or
recurring transfers such as transfers to make loan payments. You may transfer
funds between your checking accounts and share savings accounts, and from your
checking or share savings accounts to your club accounts. NOTE: Because
regulations require the Credit Union to limit preauthorized transfers
(including Internet Account Access transfers), the following limitations
apply:
You can make no more than six (6)
transfers per statement period by preauthorized or automatic transfer or by
telephone or Internet Account Access from any Share Savings account,
including Share Savings, Money Market Share Draft Savings.
- Additional Services. New services may be
introduced for Internet Account Access from time to time. The Credit Union
will notify you of the existence of these new services. By using these
services when they become available, you agree to be bound by the rules that
will be provided to you concerning these services.
4. Schedule of Fees and Costs
The Credit
Union offers the benefits and convenience of the Internet Account Access Service
to you at no charge.
5. Statements and Notices
You will continue to receive your regular
account statement monthly.
Statements and notices will be mailed to you at the
most recent address you have given the Credit Union. Notice to any of you will be
notice to all of you. You agree to promptly notify the Credit Union in writing of
any address change. Additionally, you agree to notify the Credit Union in writing
at least ten (10) Business Days in advance of any change in your Checking Account
or your general Credit Union status.
6. Use of Your Security Password/PIN (Personal
Identification Number)
To access your online accounts, you must use your
Internet Access Account Password/PIN. Authorized use of your
Password/PIN for any Internet Account Access transaction is an order
by you for that transaction on your Online Accounts.
Delivering your Password/PIN to another person
constitutes authorization of that person to conduct any Internet Account Access
inquiry or transaction on your Online Accounts. You will be liable for all
authorized Internet Account Access transactions.
You will hold your Password/PIN in strict
confidence. You will have the capability to change your Password/PIN using the
Internet Account Access service. You are encouraged to change your Password/PIN
periodically as a privacy and security precaution.
In order to protect yourself against fraud, you
should adhere to the following guidelines:
- Do not give out your account information,
Password/PIN, or User ID;
- Do not leave your PC unattended while you are in
the Credit Union's Internet Account Access site;
- Never leave your account information within
range of others; and
- Do not send privileged account information
(account number, Password/PIN, etc.) in any public or general e-mail system.
If you believe your password/PIN has been lost or
stolen, or if you suspect any fraudulent activity on your account, call the Credit
Union immediately at 212-226-4566 between the hours of 8 A.M. and 4 P.M., Monday
through Friday. Telephoning the Credit Union is the best way of minimizing your
losses and liability (See Sections 11 and 12 of this Agreement).
If the Credit Union receives such notice, the
Credit Union may, at its discretion, freeze your Online Accounts to prevent
further electronic access. The Credit Union may, at its discretion, reissue and
reactivate a new PIN and/or Password for your use.
If you believe your Password/PIN has been lost or
stolen, please use the Password/PIN change feature within the Internet Account
Access section of the Web site to change your Password/PIN.
7. Electronic Mail (E-mail)
If you send the Credit Union an e-mail message, the
Credit Union will be deemed to have received it on the following business day. You
should not rely on e-mail if you need to report an unauthorized transaction from
one of your accounts or if you need to stop a payment that is scheduled to occur.
NOTE: E-mail transmissions outside of the
Internet Account Access site are not secure. We advise you not to send us or ask
for sensitive information such as account numbers, Password/PIN, account
information, etc. via any general or public e-mail system. However, if you do wish
to contact us electronically, please use the Guest Book provided in our Internet
Account Access site. You are encouraged to use this secure form of e-mail when you
do choose to use e-mail to communicate with the Credit Union regarding inquiries
about an electronic funds transfer error resolution, reporting unauthorized
transactions, or contacting the Credit Union regarding other concerns of a
confidential nature.
8. Term and Termination
- Term. This Agreement will become
effective on the Effective Date and shall remain in full force and effect
until termination in accordance with the following provisions.
- Termination. We may immediately terminate
your electronic account access privileges without notice to you under the
following circumstances:
- you do not comply with this agreement or any
agreement governing your deposit or loan accounts, or
- your accounts are not maintained in good
standing.
We may terminate this Agreement for your use of
the services for any reason at the Credit Union's sole discretion. We will
notify you as required by applicable law if we terminate this Agreement or
your use of the Services for any other reason.
- Termination for Convenience. To terminate
this Agreement, you must notify the Credit Union, providing your name and
address, indicating the Service(s) you are discontinuing, and stating the
termination date of the Service(s). Notice of termination shall not be
effective on the Credit Union until the business day after the business day on
which such notice is actually received by Credit Union. You may notify the
Credit Union by any one of the following methods:
- By sending an e-mail to: skylinefcu@attmail.com
Insert in the Subject Line: Internet Account Access
- By calling :
- By writing a letter and either sending it to
the following address:
Attention: Internet Account Access
Skyline Federal Credit Union
350 W. 31st Street
New York, NY 10001
By giving the letter to a Member Services
Specialist at any of the Credit Union's locations.
We may convert your account to inactive
status if you do not sign on to the Service or have any transaction
scheduled through the Service during any consecutive 90-day period. If
your account is considered inactive, you must contact us to have the
Service activated before you will be able to schedule any transaction
through the Service.
9. Liability
- Our Liability. This section explains our
liability to you only to the extent that any other agreements, notices or
disclosures have not separately disclosed our liability. In no event shall we
be liable to you for failure to provide access to your Internet Account Access
service accounts. Unless otherwise required by applicable law, we are only
responsible for performing the Internet Account Access as delineated in this
Agreement. We will be liable for the amount of any material losses or damages
incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following
instances:
- If through no fault of the Credit Union, you
do not have enough money in your account to make the transfer.
- If circumstances beyond our control (such as
fire, flood, power outage, equipment or technical failure or breakdown)
prevents the transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if
access to your account is blocked, in accordance with the Credit Union's
Internet Account Access policy.
- If your funds are subject to a legal
proceeding or other encumbrance restricting the transfer.
- If your transfer authorization terminates by
operation of law.
- If you believe someone has accessed your
accounts without your permission and you fail to notify the Credit Union
immediately.
- If you have not properly followed the
instructions on how to make a transfer included in this Agreement.
- If we have received incomplete or inaccurate
information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing
that unauthorized use of your Password or account has occurred or may be
occurring or if you default under this Agreement, your membership and
account agreement with the Credit Union, a credit agreement or any other
agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY
LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
- Indemnification. You agree to indemnify,
defend and hold us, our affiliate companies, directors, officers, employees
and agents harmless against any third party claim, demand, suit, action or
other proceeding and any expenses related to an Internet Account Access.
- Third Parties. We are not liable for any
loss or liability resulting from any failure of your equipment or software, or
that of an internet browser provider such as Netscape (Netscape Navigator
browser) or Microsoft (Microsoft Explorer browser), by an internet access
provider, or by an online service provider.
- We will not be liable for any direct, indirect,
special or consequential damages resulting from your access to or failure to
access an Internet Account Access account.
- Virus Protection. The Credit Union is not
responsible for any electronic virus or viruses that you may encounter. We
suggest that you routinely scan your PC using a virus protection product. An
undetected virus may corrupt and destroy your programs, your files, and your
hardware.
10. General Terms and Conditions
- Credit Union Agreements. In addition to
this Agreement, you and the Credit Union agree to be bound by and comply with
the requirements of the all agreements applicable to each of your Online
Accounts. Your use of the Internet Account Access Service is your
acknowledgment that you have received these agreements and intend to be bound
by them. You should review these other disclosures carefully, including
disclosure of charges that may be imposed for electronic funds transfers
completed as well as disclosure of any limitations upon your rights to make
electronic funds transfers.
- Changes and Modifications. The Credit
Union may modify the terms and conditions applicable to the Services from time
to time. We may send any notice required by applicable law to you via e-mail,
except as prohibited by applicable law, and you will be deemed to have
received this notice three days after it is sent. The revised terms and
conditions shall be effective at the earliest date allowed by applicable law.
We reserve the right to terminate this Agreement and your use of the Services
in whole or in part at any time without prior notice.
- Captions. The captions of sections in
this Agreement are for convenience only and shall not control or affect the
meaning or construction of any of the provisions of this Agreement.
- Assignment. We may assign this Agreement
to an affiliate of the Credit Union or any successor in interest in the event
of a merger, reorganization, change of control, acquisition or sale of all or
substantially all assets of the business to which this Agreement is related
without the other party's prior written consent.
- Notices. Unless otherwise required by
applicable law, any notice or written communication given pursuant to this
Agreement may be sent to you electronically.
- Disclosure of Information. We will only
disclose information to third parties about your account or the transfers you
make under the following circumstances:
- where it is necessary for the provision of
Internet Account Access and for completing transfers;
- in order to verify the existence and
condition of your account for a third party, such as a credit bureau or
merchant;
- in order to comply with government or court
orders, or other reporting requirements;
- if you give us your permission;
- to the Credit Union affiliated companies.
- Governing Law. This Agreement is governed
by the laws of the State of New York and applicable federal law.
Electronic Funds Transfer Disclosure
Consumer's Liability for Unauthorized Transfers
and Advisability of Prompt Reporting
Tell us AT ONCE if you believe your Password/PIN
has been lost or stolen. Telephoning is the best way of keeping your possible
losses down. You could lose all the money in your Account (plus your maximum Line
of Credit). If you tell us within two business days, you can lose no more than $50
if someone used your Password/PIN without your permission.
If you do NOT tell us within two business days
after you learn of the loss or theft of your Password/PIN, and we can prove we
could have stopped someone from using your Password/PIN without your permission if
you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you
did not make, tell us at once. If you do not tell us within 60 days after the
statement was mailed to you, you may not get back any money you lost after the 60
days if we can prove that we could have stopped someone from taking the money if
you had told us in time.
If a good reason (such as a long trip or a hospital
stay) kept you from telling us, we will extend the time periods.
Telephone Number and Address to Be Notified
in the Event of an Unauthorized Transfer
If you believe your Password/PIN has been lost or
stolen or that someone has transferred or may transfer money from your Account or
Line of Credit without your permission, call 212-226-4566 or write us at Skyline
FCU, 350 W. 31st Street, New York, NY 10001.
What Constitutes a Credit Union Business Day
Our business days are Monday through Friday.
Federal holidays are not included.
Types of Available Transfers and Limits on
Transfers
Internet Account Access Transactions and
Limitations
You may access your Online Accounts by using your Password/PIN and Internet
Account Access to:
Transfer from Share Savings Account to Checking
Account, Club Accounts, or Loans (excluding VISA account)
Transfer from Checking Account to Share Savings
Accounts, Club Accounts, or Loans (excluding VISA account)
Transfer from Share Savings Account or Checking
Account to a loan account (make a loan payment)
Balance inquiry on Share Savings Account,
Checking Account, Certificates of Deposit, Club Accounts
Balance inquiry on Line of Credit or Loans
(excluding your VISA account)
Transaction history on Share Savings Account,
Checking Account, Certificates of Deposit, Club Accounts
Transaction history on Line of Credit or Loans
(excluding your VISA account)
Right to Receive Documentation of Transfers
You will get a monthly account statement from us for your all your account(s).
If you have arranged to have a direct deposit made
to your account at least once every sixty (60) days from the same source and you
do not receive a receipt for such deposits, you can find out whether or not the
deposit has been made by using the Internet Account Access service or by calling 212-226-4566.
This does not apply to transactions occurring outside the United States.
Disclosure of Account Information to Third
Parties
We will disclose information to third parties about your account or the transfers
you make:
- Where it is necessary for completing
transactions;
- In order to verify the existence and condition
of your account to a third party, such as a credit bureau, merchant, or Payee;
- To a consumer reporting agency for research
purposes only;
- In order to comply with a governmental agency or
court orders; or,
- If you give us your written permission.
Credit Union's Liability for Failure to Make
Transfers
Liability for Direct or Consequential Damages
If we do not complete a transfer to or from your Account on time or in the correct
amount according to our agreement with you, we will be liable for your losses or
damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, your Account does
not contain sufficient funds to complete the transaction or the transaction
would exceed the credit limit of your overdraft account;
- You have not provided the Credit Union
with the correct name, phone number or account information for the Payee; or
- Circumstances beyond the Credit Union's control
(such as, but not limited to, fire, flood, or interference from an outside
force) prevent the proper execution of the transaction and the Service has
taken reasonable precautions to avoid those circumstances.
Liability for Failure to Stop Payment of
Preauthorized Transfers
If you order us to stop payment of a preauthorized transfer three (3) business
days or more before the transfer is scheduled to be initiated, and we do not do
so, we will be liable for your losses or damages.
There may be other exceptions stated in our
agreements with you.
Stop Payment Rights
If you have arranged to make regular electronic funds transfers out of your
accounts(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
up to three (3) business days before the scheduled date o the transfer. We may
require written confirmation of the stop payment order to be made
within fourteen (14) days of any oral notifications. If we do not receive the
written confirmation the oral stop payment order shall cease to be binding
fourteen (14) 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 ten (10) 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.
In Case of Errors or Questions About Your
Electronic Transfers:
Telephone us at
212-226-4566
or write:
Skyline Federal Credit Union
350 W. 31st Street
New York, NY 10001
as soon as you can, if you think your statement or
receipt is wrong or if you need more information about a transfer listed on the
statement or receipt. We must hear from you no later than 60 days after we sent
the first statement on which the problem or error appeared.
- Tell us your name and Account 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 that you send
us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within
10 business days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to 45 days (90 days if the transfer
involved a point-of-sale transaction or a foreign-initiated transfer) to
investigate your complaint or question. If we decide to do this, we will credit
your account within 10 business days for the amount you think is in error, so that
you will have the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we
do not receive it within 10 business days, we may not credit your account.
We will tell you the results within three business
days after completing our investigation. If we decide that there was no error, we
will send you a written explanation.
You may ask for copies of the documents that we
used in our investigation. |