Online Banking Services Agreement
Welcome to DEXSTA Federal Credit Union's Online Banking Service.
Under the federal Electronic Fund Transfer Act and the Federal Reserve Board's Regulation
E, you are entitled to receive certain disclosures. The Regulation provides that if
you agree, the required initial disclosures maybe delivered to you electronically.
These disclosures have been integrated into the body of our Online Banking Services
agreement. They appear in bold type, to make it easier for you to identify
them. If you agree to receive the disclosures electronically, please so indicate by
clicking on the Accept button below. We will send the agreement to you
electronically. You should print a copy of it, read it carefully, and retain it in
your possession. Under the terms of the Agreement, you are not committed to it until you
use the Online Banking Service.
I Agree
I Disagree
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OUR PHONE CENTER OR MEMBER SERVICE REPRESENTATIVES DURING NORMAL BUSINESS HOURS
TO GET SET UP AND READY TO GO 571-0522. Online troubles?? Contact our phone center 571-0522 or use our Touch-Tone-Teller at 225-0601.
Please note that on the last business day of each month,
online banking and touch-tone-teller are not accessible for a limited time during month-end
closing procedures.
DEXSTA Federal Credit Union is making available to its members an online
banking service, hereinafter referred to as "Service", and defined in paragraph
2 herein. This Agreement governs use of the Service by members of DEXSTA Federal
Credit Union. DEXSTA Federal Credit Union and any agent, independent contractor,
designee, or assignee that it, at its sole discretion, involves in the provision of
service shall hereinafter be referred to as "we", "us", or
"our". A credit union member who agrees to use the Service will
hereinafter be referred to as "you" or "your".
Electronic Delivery: You agree to receive this Agreement,
which includes initial disclosures required under federal law and regulations,
electronically. The required disclosures appear in bold type. You should print
a copy of this Agreement, read it carefully, and retain it in your records.
Definitions: As used in this Agreement, Account(s) refers to
your checking, savings, or money market shares you have with the credit union, some of
which may not be eligible for electronic transfers using the Service; Agreement refers to
the Member Services Agreement containing the terms and conditions governing your Accounts;
Billing Account means the account you have designated to be charged for all fees and
charges, if any, associated with the Services; Designated Bill Paying Account(s) means the
designated checking account(s) at the credit union from which we make payments on your
behalf pursuant to this Agreement (the Designated Bill Paying Account may be the same as
the Billing Account); Financial Software means AFTECH @Net Software or any replacement
therefore; the Service refers to DEXSTA Federal Credit Union's electronic account
interface, which allows you to access account and transaction information, transfer funds,
and pay bills on a personal computer through the Financial Software; Software License
Agreement(s) means the software license agreements governing your use of the Financial
Software.
Applicability, Effective Date: This Agreement governs your use
of the Service for consumer purposes, and becomes effective upon your first use of the
Service.
Transfer Types and Limitations: You may use a personal
computer ("PC") to electronically direct us to make payments from your
Designated Bill Paying Account(s) to third parties ("Payees") whom you have
selected in advance to receive payments. You may also access Account and transaction
information and order transfers of funds among your eligible Account(s). Not all
credit union accounts are eligible for electronic transfers using the Service. There
are no limitations on the frequency of transfers you may make, however, the dollar amount
may not exceed $10,000.00.
Software and Equipment Requirements: You may access the Home
Banking software via the Internet. From time to time, there may be upgrades in the
Home Banking software. If there is a cost for the new release, a written notice will be
provided in advance of any fee that is payable. If required, you must load any such
upgrades to your PC to ensure proper operation of the Service. In order to use the
Service, your PC must meet the minimum requirements set forth in the Home banking brochure
or Online Help. The credit union may change these requirements from time to
time. If any of these requirements change, the credit union will provide you with
advance notice of the change.
Your User ID, PIN and Password: You will be assigned a
personal User ID, PIN (personal identification number) and a Password, which you will use
to obtain access to your Account(s) at the credit union. Your user ID, PIN and
Password may sometimes be referred to herein, collectively, as Code. You authorize
us to follow any instructions entered through the Service using your User ID, PIN and
Password. Because your User ID, PIN and Password can be used to access money in your
Account(s) and to access information about these Account(s), you should treat your User
ID, PIN and Password with the same degree of care and secrecy that you use to protect your
ATM security code and other sensitive financial data. We may ask you to change your
User ID, PIN and Password from time to time for security reasons. You agree not to
use any language that is abusive, harassing, libelous, defamatory, obscene or threatening
when defining your User ID or any other personalization of your Account(s).
Sharing Your User ID, PIN and Password With Others: You
agree not to give or make available your User ID, PIN (personal identification number),
Password, or account number(s) to any person who is not authorized to access your
Designated Bill Paying Account and other Accounts. If someone to whom you have
granted authority to use your User ID, PIN and Password exceeds such authority, you are
fully liable for all transfers and payments made by such person until you have notified us
that you have terminated the authority granted to such person and have given us a
reasonable period of time to act upon such notice. We may require that you put such
notice in writing. Upon receipt of such notice we may require you to immediately
change your User ID PIN and Password, and to identify the person or persons you believe to
have exceeded such authority. You agree to cooperate with us in the investigation
and prosecution of any person who has obtained and used your User ID, PIN and Password
without your authorization.
Bill Payments: You may make payments through the Service
to any business, merchant, or professional with a valid address that generates a bill or
invoice for services, or services provided on your behalf. We reserve the right to
refuse to allow you to designate any particularly payee or class of payee. You may
also make payments through the Service to individuals, family, or friends for non-business
purposes. Payments may be made only to payees with a U.S. payment address.
Your Payee List: You must provide sufficient information
about each payee ("Payee Information") as we may request from time to time, to
properly direct a payment to that payee and permit the payee to identify the correct
account ("Payee Account") to credit with your payment. This information
may include, among other things, the name, address and phone number of the payee and your
Payee Account number. You agree that we may obtain information regarding your Payee
Accounts in order to facilitate proper handling and crediting of your payments and you
authorize your payees to release such information to us. You can enter your Payee
Information directly on your PC. Additions, deletions and modifications to Payee
Information are entered directly on your PC.
Scheduling Bill Payments: To electronically schedule a
payment with your PC, follow the simple instructions in the Online Help file. Payments may
range in amounts up to 10,000.00. When you schedule a bill payment, you authorize us
to withdraw the amount of your payment from your Designated Bill Paying Account.
Processing/Delivery of Your Bill Payments: You may
schedule payments to be processed on the day that you schedule a bill payment, on a future
date, on the same date each month, or by any of the available schedule methods, subject to
the restrictions in this Agreement. We deduct the amount of your payment from your
Designated Bill Paying Account on the date that you scheduled the payment to be processed,
("Account Debit Date"). Although you may schedule bill payments by using
the Service twenty-four hours a day, seven days a week, payments can be processed only on
Business Days, subject to system availability. If the, Account Debit Date falls on a
weekend or holiday; your payment will be processed on the next Business Day. We may
refuse to process your payment if sufficient funds, including funds available under any
overdraft plan, are not available in your Designated Bill Paying Account on the Account
Debit Date. In order to allow sufficient time for your payees to receive and post
your payments, you must instruct us to process the payment at least ten (10) Business Days
prior to the date your payment is due excluding any applicable grace periods (the
"Due Date"). We are not responsible for any loss you may incur as a result
of your failure to schedule a payment to be processed at least five Business Days prior to
the Due Date. It is helpful if you allow additional time for a payment to be
processed the first time you schedule a payment to a payee using the Service. This
allows the payee to adjust to the new form of payment. Accordingly, your first
payment to a payee must be scheduled to be processed at least twelve (12) Business Days
prior to the Due Date. The Account Debit Date will automatically be displayed on your
computer screen.
How Bill Payments are made: We may remit your payments
by mailing your payee a paper check, by electronic funds transfer, or by other means.
Payees who receive electronic delivery of payments will receive your payment information
by computer link. Electronic payments are generally received and credited by most
payees within two (2) Business Days after we have processed the payment. We may also
send payments by a draft drawn on an account we maintain for this purpose. We send
all checks through the United States mail. Payments made with a paper draft are
generally received and credited by most payees within five to seven Business Days after we
have processed the payment. We are not responsible for postal delays or processing
delays by the payees. Occasionally, a payee chooses not to participate in the
service, or may be unable to process payments in a timely manner. In such cases, we
may decline to make future payments to these payees; and we will send you a notice of
this.
Next Day Bill Processing: You may schedule a bill
payment to be processed on the following day that you scheduled the payment if we receive
instructions before 5:00 a.m. Eastern Time, USA, on a Business Day ("Next Day
Payment").
Future Bill Payments: You may schedule a payment to be
processed on any future Business Day within one year from the date you scheduled the
payment ("Future Payment").
Recurring Bill Payments: You may schedule payments to be
automatically processed in a fixed amount on the same date every month, or by any of the
other available payment methods (a "Recurring Payment"). The date, on
which a Recurring Payment is scheduled to be processed, is referred to below as the
"Recurring Payment Date". If a Recurring Payment Date is a day, which does
not exist in a certain month, the payment will be processed on the last Business Day of
the month. For example, if you schedule a payment for the 30th of each month, your
payment for the month of February will be processed on or before the 28th of
February. If the Recurring Payment Date falls on a day other than a Business Day in
any month, your payment will be processed (i.e., the payment will be deducted from your
Designated Bill Paying Account) the previous Business Day. For example, if you
schedule a Recurring Payment to be processed on the fifth of each month, and August 5th is
a Saturday, your payment for August will be processed on August 4th.
Guarantee for Bill Payments: We will reimburse you for
any late payment fees or penalties you are charged, up to a maximum of $25.00 per
scheduled payment, as a result of our failure to deliver a payment made to a business by
the scheduled Due Date if you meet each of the following obligations:
You must properly schedule the payment to be processed at least five
Business Days prior to the Due Date. For Same Day Payments, this means that you must
schedule your payments to be processed before 5:00 a.m. Eastern Time, USA, on a Business
Day at least five Business Days prior to the Due Date. Mortgage payments differ from
other Recurring Payments in the following manner: if your mortgage payment is due on the
first of each month with a fifteen day grace period, then you must schedule your mortgage
payment to be processed on or before the third calendar day of each month, or the payment
guarantee will not apply.
You must provide us with the correct payee name, address, Due Date,
account information and the correct payment amount.
Your Designated Bill Paying Account, including any overdraft
protection, must contain sufficient funds to complete the payment or transfer on the
Account Debit Date.
The payment must be made to a business.
The late payment fee or penalty or the method of calculation must be
published by the payee prior to the Due Date.
Your PC hardware, software, telephone line, and Internet service
provider, if applicable, must be functioning properly.
Stopping or Modifying Bill Payments: You may use your PC
to electronically change both the payment amount and the Delivery Date of any scheduled
Recurring Payments at any time prior to 5:00 a.m. Eastern Time, USA, on the Account Debit
Date. You may also cancel any single payment or recurring payment at any time prior
to 5:00 a.m., Eastern Time, USA, on the Account Debit Date. You may also stop any
payment by calling us in time for us to receive your request three Business Days or more
before the Account Debit Date. If you call, we may also require you to put your
request in writing and send it to us within fourteen days after you call.
Liability for Failure to Stop Payment: If you order us
to stop one of these Recurring Payments three Business Days or more before the Account
Debit Date, and we do not do so, we will be liable for your direct losses or damages but
not for indirect, special, or consequential damages. You agree to assign to us any
claim you have against the party who received payment and to cooperate with us in
recovering the incorrect payment.
Reviewing Payments: For members using the Home banking
Software, records of past payments and payments scheduled for the future are stored at the
Internet Site. The number of records that can be stored depends on the amount of the
available space on the system.
Incomplete Payments: If we remit your payment to a payee
by mailing your payee a check, and the check has not been presented for payment within our
payment cut-off period, we will investigate the status of the check. If the payee
cannot be reached, or the payment is to an individual and the check has not been presented
for payment by sixty days after the Account Debit Date, we may place a stop payment order
on the check and credit your account accordingly.
Balance Inquiries and Transfers: You may use the Service
to check the balance of your Accounts and to transfer funds among your eligible
Accounts. In order to initiate one of these transactions, you must first use your
User ID, PIN (personal identification number) and Password to go online and obtain access
to your Accounts. The balance shown may include deposits still subject to
verification by us. The balance shown also may differ from your records because it
may not include deposits in progress, outstanding checks, or other withdrawals, payments
or charges. A fund transfer request will be transacted immediately, if funds are
available. If there are insufficient funds in an Account from which you are
requesting a funds transfer, including any overdraft line of credit, you will be notified
immediately by an electronic message.
Documentation: All of your payments and funds transfers
made through the Service will appear on your periodic account statement. The payee name,
payment amount and Account Debit Date will be reflected for each payment made through the
service. You will receive a periodic statement for each monthly cycle in which a
funds transfer has occurred and you will receive such periodic statement at least
quarterly if no transfer has occurred.
Fees: The fees listed below will be charged in
connection with the service. Changes may be made from time to time and we will give
you prior notice either in writing or electronically.
| Bill Payment Fee |
$0.35 |
Per Payment |
| NSF Fee |
$30.00 |
Per Occurrence |
| Stop Payment Fee |
$15.00 |
Per Stop Payment |
Termination: You may terminate your use of the Service
at any time by writing to us. You must notify us at least ten days prior to the date
on which you wish to have your Service terminated. We may require that you put
your request in writing. If you have scheduled payments with an Account Debit Date
within this ten-day period, you also must separately cancel those payments pursuant to
paragraph 17 of this Agreement. If we have not completed processing your termination
request and you have not otherwise cancelled a payment, you will be responsible for
payments with Account Debit Dates during the ten days following our receipt of your
written notice of termination. Subject to applicable law, we may terminate your use
of the Service, in whole or in part, at any time without notice if you do not pay any
required fee when due, if you do not comply with the terms of this Agreement, or the
agreements governing your Accounts, or if your Designated Bill Account or Billing Account
is not maintained in good standing, and no other Designated Bill Paying Account and
Billing Account has been designated. We may also terminate your use of the Service
for any other reason by giving you thirty days notice. Termination will not affect
your liability or obligation under this Agreement for transactions that we have processed
on your behalf.
Business Days: Our Business Days are Monday through
Friday. Federal Reserve and credit union holidays are not included. You may
use the Service twenty-four hours a day, seven days a week, except during maintenance
periods, for the scheduling, modification or review of payment orders, and for funds
transfers and balance inquiries, however, bill payments can be processed only on a
Business Day.
Confidentiality: We will disclose information to third
parties about your Accounts or the transfers you make:
where it is necessary for completing transfers and bill payments, or
in order to verify the existence and condition of your Account for a
third party, such as a credit bureau or merchant, or
in order to comply with government agency, court orders, or
applicable law, or
to enforce our rights in connection with a transaction governed by
this Agreement;
to protect against or prevent actual or potential fraud, unauthorized
transactions, claims or other liability;
if you have consented or directed us to disclose the information and
your consent or direction has not been revoked;
where it is necessary to ensure appropriate institutional risk
control, or for resolving disputes or inquiries.
Consumer Liability: Tell us AT ONCE if you believe your
User ID and Password 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 overdraft line of credit. If you tell us within 2 business days, you can
lose no more than $50.00 if someone used your Code without your permission. If you
believe your Code has been lost or stolen, and tell us within 2 business days after you
learn of the loss or theft, you can lose no more than $50.00 if someone used your Code
without your permission. If you do NOT tell use within two business days after you
learn of the loss or theft of your Code, and we can prove we could have stopped someone
from using your Code without your permission if you had told us, you could lose as much as
$500.00. 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 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 hospital stay, kept you from telling us, we will extend the time
periods.
Contact in Event of Unauthorized Transfer: If you
believe your User ID, PIN (personal identification number) or Password has been lost or
stolen, or that someone to whom you have granted authority to use your User ID, PIN and
Password has exceeded such authority, or that someone has transferred or may transfer
money from your Account(s) without your permission, call us immediately at the phone
number provided to you in the written disclosure or write to us at the address in the
disclosure.
Contact Person:
Branch Manager
300 Foulk Rd. Suite 100
Wilmington, DE 19803
Liability for Transfers: 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 direct losses or damages. This
liability is in addition to the payment guarantee for bill payments. However, there
are some exceptions. We will not be liable, for instance:
if, through no fault of ours, you do not have enough money in your
Account to make the transfer or payment;
if the transfer or payment would go over the credit limit on your
overdraft line;
if the funds in your Account are subject to legal process or other
encumbrances restricting such transfer;
if the Service or your personal computer or modem is not working
properly and you know about the malfunction when you started the transfer or payment;
if the Payee Information necessary to complete the payment is not
provided to us and/or the host has been lost;
if a payee mishandles or causes delays in handling payments sent by
us;
if you have not provided us with the correct payee name, address,
account information, payment amount or if you have failed to schedule a payment in
advance, as required in paragraph 11 of this Agreement.
if circumstances beyond our control prevent the proper completion of
the transaction despite reasonable precautions by us to avoid these circumstances.
Such circumstances include, but are not limited to, fire, flood, delay in U.S. mail,
interruption in your electrical power or telephone, the disconnecting of your telephone
line by your local telephone company or from deficiencies in your line quality, or any
defect or malfunction of your PC, operating software, modem, or telephone line, including
the failure of your hardware and operating software to be year 2000 ready; or the failure
of any third party software to be Year 2000 ready. Year 2000 ready means the ability
to process dates before, during and after the Year 2000 without malfunction. Or for
any indirect, special or consequential damages.
there may be other exceptions in our Agreement with you.
Additional Limitation of Liability: Except as otherwise
provided in this Agreement or by law, we are not responsible for any loss, injury or
damage, whether direct, indirect, special or consequential, caused by the Service or the
use thereof or arising in any way out of the maintenance of the Financial Software, even
if we have been advised of the possibility of such damages or losses.
CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE,
EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY
RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
Error Resolution: In case of errors or questions about
your electronic transfers, telephone us or write us at the number or address listed in
paragraph 28, herein as soon as you can, if you think your statement is wrong or if you
need more information about a transfer listed on the statement. 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 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 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 there was no error, we will send you a written
explanation. You may ask for copies of documents that we used in our investigation.
This Agreement constitutes the complete and exclusive agreement
related to the Service, and supplements the Member Services Agreement and any other
agreement or disclosure related to your Designated Bill Paying Account or other
Accounts. In the event of a conflict between this Agreement and any other agreement
or disclosure related to your Accounts or any statement by our employees or agents, this
Agreement shall control, only as to electronic fund transfers conducted by using this
Service.
Waivers: No delay or omission by us in exercising any
rights or remedies hereunder shall impair such right or remedy or be construed as a waiver
of any such right or remedy. Any single or partial exercise of a right or remedy
shall not preclude further exercise or the exercise of any other right or remedy. No
waiver shall be valid unless in writing and signed by us.
Assignment: You may not assign this Agreement to any
other party. We may assign this Agreement or delegate any or all of our rights and
responsibilities under this Agreement to any third parties.
Governing Law: This Agreement shall be governed by and
construed in accordance with the laws of Delaware without regard to that state's conflict
of laws provision.
Amendments: We may amend or change any of the terms and
conditions of this Agreement at any time upon reasonable written notice (including
electronic communication) to you prior to the effective date of any change or
amendment. If you do not agree to the change or amendment, you may notify us prior
to the effective date of the change or amendment and cancel your access to the
Service. Your continued use of the Service after the effective date of change will
be deemed acceptance of the change or amendment.
Severability: If any provision of this Agreement is
determined to be void or invalid, the remainder of this Agreement shall remain in full
force and effect.
I Agree to the Terms and
Conditions
of this Agreement set forth herein
I Disagree
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