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Online Banking Agreement & Disclosures
Maine State Credit Union is referred to in this Agreement as “we”, “us”, “our” or “Credit Union”. “You” and “your” refers to the member-owner(s) of an account with us who has requested or uses the Service, as defined below.
This Agreement between you and the Credit Union governs your use of our Online Banking Services (the “Service” or “Electronic Banking”), which encompasses any and all functionality available using the Service, as well as any activities or transactions (“online transactions”) that you may initiate with and/or request from the Credit Union through the Service. The Service permits you to perform a number of banking functions linked to the Service through the use of a personal computer or other capable electronic device (each a “Device”). If you do not agree with the terms and conditions of this Agreement (as may be amended from time to time), you may not use the Service. By using the Service, you acknowledge that you have read, understood and agree to the terms and conditions of this Agreement and any other agreements or conditions as may be related to the Service and any transactions you initiate through the Service. You also agree to any changes in such terms and conditions, as of their effective date, which apply to the use of the Service by you and any others whom you permit to use the Service. We recommend that you print or retain a copy of this Agreement for your records. By using the Service, you affirmatively consent to the electronic delivery of these terms and conditions, any supplemental or additional terms, conditions or agreements related to the Service, including but not limited to functionality such as eStatements, Bill Pay and Remote Deposit Capture, any confirmations for online transactions you may initiate and any change in term notices as described in the Esign Consent section below.
This Agreement constitutes the entire agreement between you and the Credit Union with regard to your use of the Service. However, your use of the Service is also subject to other agreements between us governing your accounts with us. When you link accounts to the Service, this does not change the agreements you already have with us governing those accounts. For instance, when you use the Service to access a line of credit account, you do so under the terms and conditions governing that account. You should review those agreements for any applicable fees, for limitations of types or quantity of transactions you can make, and for other restrictions that might affect your use of that account through the Service.
ESIGN Consent—This disclosure contains important information that you are entitled to receive before you consent to receive electronic disclosures and to transact business with us electronically via Electronic Banking. Please print, email or save a copy for your records.
a. Communications to be provided in electronic form. You affirmatively consent to us providing you with all communications applicable to the Service including but not limited to any notices or disclosures required by applicable law (“Communications”) in electronic format, and you affirmatively consent to conducting all transactions with respect to the Service electronically. We may stop sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications and conduct electronic transactions includes, but is not limited to, the following: Mobile Banking, Online Banking, eStatements, Bill Pay, Remote Deposit Capture, any change in terms notices related to Electronic Banking or the Service, and any notices related to any activities or transactions you conduct using the Service. All documents we provide to you in electronic format will be provided either via email or by access to a website or mobile application.
b. Paper copies. You have the right to have Communications provided or made available to you on paper. You may obtain a paper copy by using one of our office locations or calling us at 1-800-540-8707]. No fees will be assessed for obtaining paper copies.
c. Withdrawal of Consent, Termination and Changes. You may cancel or withdraw your consent at any time by calling the Credit Union at 1-800-540-8707 or by visiting a branch. Any withdrawal of consent to receive Communications electronically will be effective only after we have a reasonable amount of time to process the withdrawal. Withdrawing your consent will result in termination of your ability to use the Service, including the ability to initiate funds transfers using the Service.
d. Accurate and Updated Information. In order to obtain your Communications electronically, you must provide the Credit Union with an accurate email address. If the email address you provide is not accurate, the Credit Union assumes no liability for sending any Communication to such address. If the email address you provide is not deliverable, the Credit Union may provide your statements via U.S. mail to your address according to the Credit Union’s records. If you change your email address, you must provide us with your new address. You must also provide us with updated information any time that information is needed to provide your Communications electronically. To provide an updated email address or other information, you must contact us at least three business days prior to the last day of the month to give us time to effect the change.
e. Hardware and Software Requirements. The Credit Union doesn’t endorse a specific operating system or web browser. To use the Services, receive Communications and conduct transactions electronically, you must have the following:
· a valid email address and a connection to the internet;
· a web browser version that is supported such as Internet Explorer, Chrome, Firefox;
· a current version of our application (via Google and Apple app stores);
· a current version of a program that reads and displays PDF documents, such as Adobe Acrobat Reader ®;
· the capacity to store information;
· an internet access device, such as a smartphone, tablet, desktop computer or laptop, with an operating system (Windows®, MacOS®, iOS, or Android™) capable of supporting the above (“Device”).
We reserve the right to discontinue support of any version of software for security or stability purposes. We may not support some older operating systems or web browsers, meaning you may need to update in order to access Electronic Banking. We may offer services or features that require your web browser to be configured in a particular way, such as permitting use of JavaScript or cookies.
f. Communications in writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” We recommend that you print or download for your records a copy of any Communications that are important to you.
g. Access to Your Disclosures and Requesting Paper Copies. The Electronic Banking Disclosure will remain available for viewing and printing within Electronic Banking. You can always obtain a paper copy by requesting one or by printing the electronic document. We may charge you a reasonable fee for delivery of paper copies already provided electronically.
As stated above, in order to use the Service, you will need a computer or other capable electronic Device and related Internet access equipment, and a Credit Union username and password. Your internet or other web browser software must support a minimum encryption level and other security measures as we may require from time to time. Your browser must be one that is supported by us for optimal performance. You are responsible for the installation, maintenance and operation of the Device and all related costs and expenses. It is your responsibility to install and maintain appropriate malware protection software on your Device to help safeguard your online activity. We are not responsible for any errors or failures caused by any malfunction of your Device, or virus or related problems that may be associated with access to or use of the Service or the Device. We also are not responsible for any losses or delays in transmission of information you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection and/or access to Electronic Banking.
By utilizing the Service, you are providing your affirmative consent to receive Communications and conduct transactions electronically. You are also confirming that you have the hardware and software described above, that you are able to receive and review electronic documents, that you have an active email account and that you are authorized to, and do, consent on behalf of all account owners identified on your Credit Union accounts linked to the Service.
Your Internet Banking Username and Password—Your username, password and Multi-Factor Authentication method (such as One-Time PIN) will be your “remote banking signature,” and you are responsible for maintaining its confidentiality. Your username and password should be memorized or stored securely, in order to prevent unauthorized use. If you believe your password or other credentials have been lost or stolen, notify us at once at 1-800-540-8707. You may change your username and password at any time. You agree that you will not use combinations that are easily guessed (such as your phone number, date of birth, or Social Security number). You also acknowledge and agree that if you permit another party(ies) to use your username or password to access the Service, or otherwise authorize them to use the Service, you are responsible for any and all transactions of that party(ies), even if it exceeds your authorization. You authorize us to follow and comply with any online instructions entered using your username and password.
Joint Accounts—For joint accounts, we may act on the verbal, written or electronic instructions of any party to those accounts. You agree to provide a copy of this Agreement to each party to the account. Each party to the account is authorized to access all of the available funds held in that account and any subaccounts or loan accounts through the Service.
Eligibility of Minors—Electronic Banking is offered to adults [only] [and to minors fourteen (14) years or older]. By using Electronic Banking, you represent that you meet these requirements and that you agree to be bound by this Agreement.
Privacy of Others—If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
System Availability—From time to time access to the Service may be unavailable due to scheduled or unscheduled maintenance, technical difficulties, power failures, problems with internet service, or system outage. We will make every reasonable effort to make the system available. However, we are in no way liable for the unavailability of the Service or any damage that may result from unavailability of the Service.
No Waivers—No delay or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion shall constitute a waiver on any later occasion. No such delay or waiver by us is effective unless it is in writing and signed by us.
Severability—If any term or condition of this Agreement is held void or unenforceable by a court of competent jurisdiction, or any governmental agency, that term or condition will be considered enforceable to the extent permitted by such court or agency, and the term or condition shall no longer be treated as part of this Agreement. However, all other terms and conditions of this Agreement will remain in full force and effect.
eStatements—The eStatement feature of the Service provides you with an alternative to receiving paper statements through the mail. With eStatements, you will receive an email notification when your statement is ready to be viewed. Your affirmative consent as stated above under the “Esign Consent” section is effective upon your use of the Service, and we will no longer send statements through the U.S. mail. Your consent allows us to send your periodic account statement along with any other disclosures we might send with your account statement. Where applicable, accounts may be combined on a single statement. You agree to maintain a current email address on file with us for which we will send the notifications to you when your statement is ready.
Bill Pay Service—The Bill Pay service allows members to schedule bill payments through the Internet. Bill Pay is offered through a third party service provider, and you must enroll separately for access. Upon enrollment in Bill Pay, we will contact you to link your desired checking account to Bill Pay. Additional terms and conditions govern the third party relationships.
Fees may be assessed for use of Bill Pay, as published in our Fee Schedule. You may terminate Bill Pay at any time by following the instructions provided by the third party service provider.
If you wish to stop any bill payment requests, you must follow the third party service provider’s terms and conditions.
If you need assistance with Bill Pay, you may contact us at 1-800-540-8707.
Transfers—You may make one-time or recurring transfers to or from your accounts as often as you like except for those accounts with transfer limitations as disclosed on the Rate and Fee Schedule you received when you opened the account and any amendments to that Schedule. Online transactions may be made at any time, 7 days a week, unless the Service is unavailable.
When you schedule a payment or transfer, you authorize us to withdraw the funds from your account. If you have more than one account, you will be asked to designate the account from which the withdrawal should be made. You will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account at the time of the withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, you agree that we may, in our sole discretion, either complete the transfer or payment – creating an overdraft – or refuse to complete your transfer or payment. In both cases, we reserve the right to impose an overdraft fee.
We will provide you with a positive confirmation that the payment or transfer has been scheduled. You may also verify that a payment or transfer has been made by logging into the Service on the Business Day following the payment or transfer.
Cancelling Transfers and Payments—To cancel transfers or payments, you must log onto the Service and follow the prompts provided. You can cancel a scheduled transfer through the Service up to the day prior to the date you scheduled it for processing.
You may also cancel any of your transfers or payments by calling us at 1-800-540-8707. We must receive notice at least 3 business days prior to the scheduled transfer date. If you call, we may also require that you put the request in writing and get it to us within 14 days of phoning us.
Cancellation—We may cancel your access to the Service at any time without notice or cause. You may cancel this Agreement at any time by providing us with written notice that you wish to cancel. Cancellation will be effective as of the date we receive the notice, at which time your access to the Service will be terminated. Any cancellation or termination will not affect any of your existing liability to us. It is your responsibility to either cancel any scheduled transfers prior to notifying us that you are discontinuing the Service or notify us of any scheduled transfers that you would like us to cancel. We also recommend that you cancel any optional alerts you have set up prior to cancelling the Service.
Modifications to This Agreement—We may amend or modify this Agreement at any time. For example, we may add, remove or change terms or services. We will notify you of such changes by mail, by electronic message or by posting on our website to the extent required by applicable law. If you access or use the Service after the effective date of a change, you will be deemed to have accepted the change.
Your Responsibilities—It is your responsibility to keep your username and password confidential. We will not be liable, nor will we reimburse you, for any losses that arise from use by others of your username or password if you permit any other person to use your username and password to access the Service, and you are responsible for any resulting transactions even if the person exceeded the authority provided by you when you permitted the use.
Limits on Our and Other Providers’ Responsibilities—We will make reasonable efforts to ensure the satisfactory performance of the Service. We are responsible for acting only on those instructions that are actually received and will not be responsible for malfunctions not under our control that may affect the accuracy or timeliness of messages or instructions you send. We are not responsible for losses or delays in transmission of instructions arising out of the use of any Internet service providers, your connection to the Internet, or any browser software. In no case will the Credit Union be liable for any special, indirect, incidental or consequential damages.
The Credit Union disclaims any and all liability relating to improper use of the Service. We are not responsible for any damage that may occur to your Device from the use of the Service or the data transmitted through the account access link.
THE CREDIT UNION DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS. IN THOSE STATES THAT DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE LIABILITY OF THE CREDIT UNION IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Links Provided—Hyperlinks may be provided from time to time in the Service. A hyperlink is any highlighted or underlined word or phrase on a page that allows you to click through to another page on the Internet. A hyperlink may allow you to click through to a third party website over which we have no control. We disclaim any responsibility for the content, products or services provided at linked third party websites. We are not responsible for any failure of the products or services advertised on third party sites. Third parties may have privacy policies that differ from our privacy policy. We recommend you review privacy policies on any linked third party websites to determine whether their privacy policies are acceptable to you. Linked third party websites could provide less security than the Credit Union’s website.
Mobile Phone Users—Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their use of the Service and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your phone service provider may apply, and you are responsible for any such charges. In the event your enrolled Device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such Device. You understand that there are risks associated with using any Device, and that in the event of theft or loss, your confidential information could be compromised.
ELECTRONIC FUND TRANSFERS/REG E DISCLOSURES—These Disclosures supplement and are in addition to the Reg E Disclosures provided to you when you opened your account(s) with us.
Consumer Liability for Unauthorized Electronic Banking Transactions—Tell us at ONCE if you believe your username or password has been compromised or if you believe a transfer has been made without your permission. Phoning 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 applicable. If you tell us within 2 business days, you can lose no more than $50.00 if someone accessed your account without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your username and password or other possible unauthorized access and we can prove that we could have stopped someone from using your username and password without your permission or other unauthorized access 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 or made available to you, you may not get back any money you lost 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 hospital stay) kept you from telling us, we may extend the time periods.
Contact in the Event of Unauthorized Access—If you believe that your username and password have been compromised, or that someone has transferred or may transfer money from your account without your permission, call us at 1-800-540-8707 or write to us at Maine State Credit Union, P.O. Box 5659, Augusta, Maine 04332-5659.
Our Liability—The following applies to electronic funds transfers by consumers only. 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, you do not have enough money in your account to make the transfer.
· If the Service was not working properly and you knew it was not working properly when you started the Online transaction.
· If circumstances beyond our control, (such as telecommunication outages or interruptions, fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
· If you do not give proper, complete or correct transfer instructions, or you do not follow the procedures in this or any other agreements with us.
· If your username and/or password have been reported lost or stolen, or we have canceled your access to the Service.
· If we have reason to believe that you or someone else is using the Service for fraudulent or illegal purposes.
· There may be other exceptions stated in our account agreement(s) with you.
Special Conditions for Business Accounts—Your use of the Service signifies your agreement that our security procedures are commercially reasonable. You also understand and agree that security procedures, even when properly implemented by us and you, don’t provide a guarantee against unauthorized online access to information or unauthorized transactions. You agree to accept the risks in connection with the establishment and/or use of the Service. You also understand and agree that any persons listed as authorized signers on your business account will have equal access to the accounts online, and we may act on the verbal, written or electronic instructions of any authorized signer on those accounts. All transactions that person performs, even transactions you did not intend or want performed, will be considered authorized transactions. If you no longer wish for that person to be an authorized signer on the account, you will need to follow our procedures to remove the person from the account, and you will need to change the username and password for the Service at that time.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Transfer Types and Limitations—By enrolling in the Service, your accounts at the Credit Union will be accessible through the Service. You may use your username and password with the Service to transfer funds between your eligible accounts at the Credit Union on either a one-time or recurring basis and view current balance and transaction information for your accounts. You can also send us email messages regarding your accounts, and download account information for use with other systems such as Microsoft Money or Quicken. Transfers to and from IRAs are not permitted online. You will have access to eStatements and eAlerts, and you may order checks, retrieve copies of checks drawn on your account, and apply for a loan or to open additional accounts through the Service. You may also apply for other services that we offer, including but not limited to Bill Pay and Visa Debit Cards. These requests for new services can only be processed during our business days listed in the “Business Days” section above. We reserve the right to deny you these requested services, with or without notice or cause. We may add or remove features or modules related to the Service from time to time at the Credit Union’s sole discretion. The use of certain features or modules related to the Service, including new services, may incur fees or other charges.
Fees—Members are not assessed any fees for the use of the Service. However, online transactions involving your accounts via the Service are considered the same as any other transaction in regard to service charges, overdrafts, and other fees, terms and conditions as set forth in your account agreement(s). See our Fee Schedule for fee information. Additional fees may be assessed for features added to the Service.
Confidentiality—You agree that we may, and you hereby authorize us to, disclose information to third parties about your account(s) or the transfers you make (1) where it is necessary for completing transfers; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders as permitted by law; (4) if you give us your permission; (5) on a closed account, if we believe you have mishandled it.
Documentation—You will receive a monthly statement of your account activity unless no electronic transfers were made to or from your account(s) during the month, in which case you will receive a statement at least quarterly.
Error Resolution—Call us at 1-800-540-8707 or write to us at Maine State Credit Union, P.O. Box 5659, Augusta, Maine 04332-5659 as soon as you can, if you think your statement is wrong, or if you need more information about a transaction listed on your statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared. Provide the following information:
1. Your name and account number.
2. The date and dollar amount of the suspected error.
3. Describe the error or transaction you are unsure about, and a clear explanation of why you believe it is an error, or why you need more information.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days. We will tell you the results of our investigation 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. In this case, we will provisionally 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 reserve the right to not credit your account.
For errors pertaining to point-of-sale transactions or international transactions (as applicable), the periods referred to above are 10 business days and 90 days instead of 10 business days and 45 days, respectively.
For errors involving transactions occurring within 30 days after the first deposit to a new account, as defined by applicable law, the periods referred to above are 20 business days and 90 days instead of 10 business days and 45 days, respectively.
For errors involving Visa Debit Card transactions (as applicable), the periods referred to above are 5 business days and 45 days instead of 10 business days and 45 days, and 5 business days and 90 days instead of 10 business days and 90 days, respectively.
We will tell you the results within three business days after completing our investigation. If we determine that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If there is no error, we will debit your account for the amount of the provisional credit and send you a notice notifying you that this was done. For five business days after this notification we will honor checks, drafts or similar instruments payable to third parties and preauthorized transfers from your account (without a charge to your account as a result of an overdraft). However, the Credit Union will honor such items only if they would have been paid if the provisionally credited funds had not been debited.