CREDIT
UNION HOME BANKING SERVICES AGREEMENT
I. HOME BANKING AND BILL PAYMENT SERVICES.
This Home Banking
Agreement (“Agreement”) is between
Arizona Federal Credit Union (hereinafter “we,
us, our or Credit Union”), and each member
who has enrolled in our Home Banking Service,
together with any person who is authorized by
a member to use or access their Home Banking Service
(hereinafter referred together as “you,
your or yours”).
The Credit Union’s
Home Banking and Bill Payment Services are additional
“electronic” services provided to
increase the convenience of our members. This
Agreement supplements the other terms and conditions
set forth in this Booklet. To the extent that
there is any conflict between the other terms
of this Booklet, this Section will govern our
relationship with you.
A. Definitions.
- “Bill
Payment” means our service that allows
you to pay or transfer funds to designated Payee(s)
in connection with our Home Banking Service.
- “Payee”
means any individual, financial institution,
educational institution, company, merchant or
other person or entity that you wish to pay
using Home Banking Services.
B. Eligibility. In order to enroll and activate
Home Banking Services with us, you must be eligible
to maintain an account with us. To determine your
eligibility for Home Banking Services, now and
in the future, you authorize us to make inquiry
to determine your employment history and to obtain
information concerning any accounts with other
institutions and your credit history, including
consumer credit reports.
To use the Credit
Union’s Home Banking Services, you must
use a personal computer or other device with the
capacity to interface by modem or otherwise with
the Credit Union’s or our agent’s
system. The Credit Union is not responsible for
providing any equipment, services or advice related
to equipment necessary to interface with our system,
and is not responsible for any error in connections,
transmissions or otherwise regarding any system,
software, entries or instructions.
When using the Credit
Union’s Home Banking Services, you must,
when prompted, enter your member number, Home
Banking password or personal identification number
and any other requested information. By entering
the correct information you will have direct access
to your Credit Union accounts. You should carefully
review Section V., of this Agreement regarding
security and your password. You should keep your
password or PIN in a secure location. Any person
having access to your Home Banking password or
PIN will be able to access the Home Banking Services
and perform all transactions, including reviewing
Account information and making transfers to other
Accounts and to other persons.
C. User Materials. Before you initiate your first
Home Banking transaction, you agree to familiarize
yourself with the system by reading the User's
Guide provided to you either on paper or electronically.
You agree that the information contained in this
User's Guide and any updates to it are part of
this Agreement.
II. SETUP AND USE OF HOME BANKING SERVICES.
A. Access to Home Banking Services. Home Banking
Services are generally accessible twenty-four
(24) hours a day, seven (7) days a week, except
that Home Banking Services may be inaccessible
for a reasonable period on a weekly basis for
system maintenance. We may modify, suspend, or
terminate access to the Home Banking Services
at any time and for any reason without notice.
B. Linking Your Accounts. You can access your accounts
at the Credit Union through the Home Banking Services.
You must provide us with the account numbers for
each of these Accounts in order to access them.
We will provide you with instructions on how to
access Home Banking Services. These instructions
are incorporated herein by reference and constitute
part of this Agreement.
C. Equipment and Software Requirements. To use
the Home Banking Services, you need a computer
with Internet access and a recent version of a
web browser that supports 128-bit encryption.
You are responsible for the set-up and maintenance
of your home computer and modem.
We make no warranty
or representation regarding the access speed that
you will have now or in the future, as such is
beyond the control of the Credit Union (depending
largely on your computer system and method of
access – e.g., dial up Internet connection
vs. DSL or other Internet access). Also, minimum
requirements are likely to change as technology,
software, and other matters continue to evolve.
III. HOME BANKING SERVICES.
A. Home Banking Services:
- Account
Access. You can use our Home Banking Services
to access your accounts with us. Some of these
services may require an account linked to a
valid Credit Union Access Device (such as a
Debit Card). Our Home Banking Services allow
you to:
- Access Bill Payer Services as outlined below.
- Review recent transactions.
- Borrow from your line of credit, if available,
with funds transferred to checking, savings,
or Money Market Accounts or other sub-share
accounts.
- Transfer funds between checking, savings,
and other sub-share accounts.
- See a summary of your accounts.
- Make transfer payments to Line of Credit,
Personal Loan, Auto Loan, and Mortgage Loans
with the Credit Union with funds transferred
from checking, savings and other sub-shares.
- Get account information and/or statement
updates for checking, savings and loan accounts.
- Access information about the Credit Union,
our products and services, and other items
of general interest.
- Receive and send electronic messages to
the Credit Union. You understand that we may
not immediately receive e-mail communications
that you send and will not take action based
upon e-mail requests until we actually receive
your message and have reasonable opportunity
to act. If you need to contact the Credit
Union immediately regarding Home Banking Services,
you may call (602) 683-1088. You understand
that we may require that you document any
oral request in writing before taking some
actions.
- Bill
Payment. If you also select the Bill Payment
Service, you can pay bills either on an automatic,
recurring basis or periodically as you request.
You need to follow the specific instructions
in this Agreement, your User Guide and any additional
instructions you receive on-line, as modified
from time to time. We may refuse to allow you
to designate a particular Payee or class of
Payees. We utilize the services of a third-party
vendor to provide this service to you. You authorize
and agree to our use of the services of third
party vendors, and our disclosure of any and
all information, including non-public personal
information and personally identifiable financial
information when we deem such disclosure to
be necessary or appropriate to initiate, complete,
or facilitate any transaction you order us or
our agents to make. You further acknowledge
and agree that the terms of this Agreement also
apply to your relationship with any vendors
we use in providing these services, as may be
changed from time to time at our sole discretion.
B. Additional Information about Home Banking Services.
1.
Account Access. You may transfer funds
through the Home Banking Services in any amount
up to your available balance.
2.
Bill Payment Service. When you sign
up for the Bill Payment Service, you must designate
a personal checking account with us as your Bill
Payment Account.
3.
Processing Fund Transfers and Bill Payments. We
can process a fund transfer or bill payment on
or within one Business Day after your Home Banking
session, if we receive your instructions before
the end of the Business Day. If you schedule a
bill payment for a future date, we process the
transaction after the close of business on that
date, if that day is a Business Day. If we receive
your instruction after the end of our Business
Day, or if the date you request for a future transfer
or payment is not a Business Day, we process the
transaction on our next Business Day.
When you schedule
a funds transfer or bill payment using the Home
Banking Services, you authorize us to withdraw
the necessary funds from your account with us.
The maximum amount that a payment can be issued
for is $9,999.99 per item. We deduct the amount
of your bill payment from your account within
one business day of processing your instruction.
To help ensure that
your payments arrive on time, you must schedule
your payments to be processed at least five (5)
business days before the payment due date. This
generally allows sufficient time for the Payee
to receive and post your payment. To assist you
with the scheduling of payments a “Deliver
by” date is displayed at the time you schedule
a payment. This date is to provide you with a
general expectation of when the payment should
be delivered, but it does not guarantee that your
payment will arrive and be reflected by that date.
We are not responsible for any late or other related
fees should the payment be received and posted
after the “Deliver by” date.
We assign a confirmation
number to payments made through Bill Payment Services.
This number appears online after you successfully
schedule a payment to be sent. You may provide
this number to us in the event you need additional
details about the payment.
If there are insufficient
funds in your Account to make the transfers or
payments you have authorized, we may refuse to
make the transfer or payment or we may make the
transfer or payment and overdraw your Account.
In either event, you are responsible for any non-sufficient
funds (“NSF”) and overdraft charges
that may apply. Further, your access to the Bill
Payment service may be suspended until such time
as there are sufficient funds to process the transaction,
and an additional delay of up to five business
days to reactivate the account. In some cases
this process can be expedited by contacting us
immediately upon determining that there were insufficient
funds in your account to complete a scheduled
payment.
When you add Payees
to the Home Banking Service, you must be sure
to enter your account number and address as they
appear on your payment stub or invoice. In an
effort to expedite payments, after you have added
the payee to the Bill Payment service, we may
convert the address to an alternate payment center
address, provided by the payee, where electronic
payments can be received and processed.
Occasionally a Payee
may choose not to participate in the services,
or may require additional information before accepting
payments. We work with these Payees to encourage
them to accept an electronic or check payment
from the Credit Union. If we are unsuccessful,
or if we believe that the Payee cannot process
payments in a timely manner, we may decline to
make future payments to this Payee. In the unlikely
event that this occurs, we will send you a notice.
We may refuse to make payments to certain Payees
(such as government agencies).
All payment addresses
are compared against the United States Postal
Service (USPS) address database for validity and
proper formatting. If you schedule a payment to
a payee with an invalid address as determined
by the USPS validation process, the payment will
not be made. The payment will be returned to you,
and that payee will be deleted from your list
of payees to prevent re-submission. In the event
this occurs, it is your responsibility to contact
the payee to obtain a valid address and to make
payment arrangements. We are not responsible for
any losses or late fees incurred as a result of
this process, though we will attempt to contact
you by phone or email to inform you that this
has occurred.
4.
How Bill Payments Are Made. We process
the payments you make through the Home Banking
Services in one of the following ways:
We may send payments
through an electronic transmission to the Payee.
Payees who receive electronic delivery will receive
your payment information, including your account
number, through a computer link. Payments made
electronically are generally received and credited
by most Payees within two (2) business days.
We may send payments
by a draft drawn on your account and mailed to
the Payee. We send all drafts through the U.S.
Mail. Payments made with drafts are generally
received and credited by most Payees within five
(5) to seven (7) business days.
5.
Canceling Fund Transfers and Bill Payments. You
may cancel a pending fund transfer or bill payment
transaction. However, to do so, we must receive
your instruction to cancel at least one (1) day
before the date the transaction is scheduled to
be processed. If we don’t receive your instruction
to cancel a transaction before that time, we may
process the transaction.
6.
Account Access Through Personal Financial Manager
Software. The Credit Union will not
be held liable for the performance of software,
nor do we guarantee that information will always
be available through this means.
7.
Email Notifications. You must provide
a valid email address in order to use the Bill
Payment services. Important information about
the status of payments may be communicated to
you only by this method. It is your responsibility
to update your email address. You can change your
email address of record through the User Options
feature of the Home Banking system. At your option
you may disable some email notifications, while
others are mandatory and cannot be disabled.
C. Transfers from (Savings/Money Market Accounts). You
may not use a savings/Money Market or other sub-share
account as your Bill Payment account.
IV. FEES.
Please refer to the Schedule for the fees charged for these
services.
V. PARTIES' RESPONSIBILITIES.
A. Member's Responsibilities. You are responsible
for keeping your PIN/Password and account data
confidential. We are entitled to act on transaction
instructions received using your PIN, and you
agree that the use of your PIN will have the same
effect as your signature authorizing or “will
authenticate your identity and verify the instructions
you have provided to us for” the transaction(s).
If you authorize other persons to use your PIN/Password
in any manner, your authorization will be considered
unlimited in amount and manner until you have
notified us in writing that you have revoked the
authorization and changed your PIN, and you are
responsible for any transactions made by such
persons until you notify us that transfers by
that person are no longer authorized and we have
a reasonable opportunity to act upon the change
of your PIN/Password.
B. The Credit Union's Responsibilities.
1. Our Responsibility for Processing
Transactions. If we do not complete
a transfer to or from your Account or cancel a
transfer as properly requested on time or in the
correct amount according to our agreement with
you, we are liable for your losses or damages.
Our sole responsibility for an error in a transfer
will be to correct the error, but in no case will
we be liable for any indirect, special, incidental
or consequential damages. In states that do not
allow the exclusion or limitation of liability
for indirect, special incidental or consequential
damages, our liability is limited to the extent
permitted by applicable law.
2.
Limitations of Our Responsibility for Processing
Transactions. There are some exceptions
to our liability for processing transactions on
your Accounts. We will not be liable, for instance:
a. If, through no fault of ours, you
do not have enough money in your Account to
make the transfer;
b.
If
the transfer would go over the credit limit
on your overdraft line;
c.
If
the funds in your Account were attached or the
transfer cannot be made because of legal restrictions
affecting your Account;
d.
If
circumstances beyond our control such as interruption
of telephone service or tele-communication facilities,
or natural disaster (such as a fire or flood)
prevent the transfer, despite reasonable precautions
that we have taken;
e.
If
you have not provided us with complete and correct
payment information, including without limitation
the name, address, account number and payment
amount for the Payee on a bill payment;
f.
If
you have not properly followed the instructions
for using our Home Banking Services;
g.
If
you receive notice from a merchant or institution
that any payment you have made through our Home
Banking Services remains unpaid, and you fail
to notify us of this fact within five (5) calendar
days from the date you receive any such notice;
h.
If
the payee was a merchant or institution, you
are not permitted to designate;
i.
If
you do not set up the payment soon enough for
payment to be received and credited by the payee
by the due date;
j.
If
the payee does not credit your payment promptly
or properly after receipt;
k.
For
any failure to provide access or for interruptions
in access to our Home Banking Services due to
a system failure or due to other unforeseen
acts or circumstances;
l.
For
any errors or failures from any malfunction
of your computer or any computer virus or other
problems related to your computer equipment
used with our Home Banking Services; or
m.
For
any error, damages or other loss you
may suffer due to malfunction or misapplication
of any system you use, including your browser
(Netscape Navigator®, Microsoft
Explorer®, or otherwise), your
Internet service provider, your personal financial
management or other software (such as Quicken®
or Microsoft Money®), or any
equipment you may use (including your telecommunications
facilities, computer hardware and modem) to
access or communicate with the Home Banking
Services.
3.
Our Home Banking Software and Set-up. You
will be responsible for the correct set-up and
installation on your computer system of the Home
Banking Services software, if any, which we provide
to you. You should remember that it is important
to read the license agreement for such software
and exercise care to safeguard it and prevent
its misuse by other persons. We will be responsible
for any malfunction of the Home Banking Services
software that we provide to you. If you notify
us that the software is not functioning properly,
we will replace the software promptly; however,
replacement, or the reasonable cost of replacement
of the software, shall be our sole liability to
you. Neither we nor any of our service providers
are liable for any damages (whether direct, indirect,
special, consequential or otherwise), including
economic, property, personal, or other loss or
injury, whether caused by hardware or software
or system-wide failure, arising or resulting from
the installation, use, or maintenance of the equipment,
software or other items necessary to operate our
Home Banking Services.
4.
Warranty and Software Limitations.
a.
Warranties
of Fitness and Merchantability.
NEITHER WE, NOR ANY AGENT, AFFILIATE
OR OTHER PERSONS, ANY SOFTWARE SUPPLIER NOR
ANY INFORMATION PROVIDERS MAKE ANY WARRANTY,
EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE,
EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH
WARRANTY IS PROHIBITED BY LAW.
b.
Computer-Related Warranties. Neither
we, nor any of our agents, affiliates or any
other person(s), nor any software supplier nor
information provider represents and warrants
to you that the software we supply to you for
the Home Banking Service is free from any defects,
computer virus or other software-related problems.
In the event of such defects or computer virus
caused by the Home Banking software, our sole
responsibility shall be limited to the replacement
or the reasonable cost of replacement of the
software we provided in connection with the
Home Banking Services. We will not be liable
for any indirect, special, consequential, economic
or other damages. In states, which do not allow
the exclusion or limitation of liability for
indirect, special, incidental or consequential
damages, our liability is limited to the extent
permitted by applicable law.
5. Bill Payments. We are not responsible for postal
delays or processing delays by the Payee for any
Bill Payment made through our Home Banking Services.
VI. TERMINATION.
You are responsible
for complying with all the terms of this Agreement
and with the terms of the Agreement governing
the Accounts which you access using Home Banking
Services. We can terminate your Home Banking Services
under this Agreement without notice to you if
you do not pay any required fee when due, if you
do not comply with this Agreement, or the agreements
governing your deposit accounts, or if your deposit
account is not maintained in good standing. If
you are not paying a monthly service charge for
the Home Banking Services, we may convert your
Home Banking Services to dormant status if you
do not sign on to the Home Banking Services or
have any transaction scheduled through the Home
Banking Services during any consecutive 90-day
period. If your account is considered dormant,
you must contact us at the telephone number in
the Schedule to have the Home Banking Services
reactivated before you will be able to schedule
any transaction through the Home Banking Services.
You may terminate
your Home Banking Services with thirty (30) days
prior notice to us.
We may terminate
your participation in the Home Banking Services
for any reason, at any time. We will try to notify
you in advance, but we are not obliged to do so.
REMINDER: You must cancel all future bill payments, whether
recurring or individual payments, when you terminate
your Home Banking Services, or we may continue
to process such payments.
VII. GEOGRAPHIC RESTRICTIONS.
The Home Banking
Services described in this Agreement and any application
for consumer credit, deposit services, and brokerage
services available at our web site are solely
offered to citizens and residents of the United
States of America residing in the United States
of America. Citizens and residents may not be
able to access the Home Banking Services outside
the United States of America.
Revised
January 2006
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