VIRTUAL BANKING
SERVICES TERMS AND CONDITIONS
The following terms and conditions govern the manner in which Southern Chautauqua Federal Credit Union (Us, We, Our) will provide Banking Online Any Time (the Boat) services to you.
Our customer service is available during the business hours at 716-665-7000.
After hours and Sunday calls are answered by a voice mail system. Mail may also be addressed to:
Southern Chautauqua Federal Credit Union
168 E. Fairmount Avenue
Lakewood, NY 14750
Services that you authorize the Credit Union to do are utilized through Interactive Transaction Partners (ITP).
Payment of taxes or court directed payments via the services is prohibited.
We reserve the right to refuse to make any payment, but will notify you of any such refusal within two (2) business days following receipt of your payment instruction.
Funds will arrive at your targeted merchant as close as reasonably possible to the date designated by you in your payment instruction (payment date.) This is subject to the terms and conditions of this agreement. You authorize the Credit Union, and any third party acting on our behalf to choose the most effective method to process your payment, including, without limitation, electronic, paper, or some other draft means. For each properly instructed payment to an eligible merchant, you will receive a transaction confirmation number (confirmation number.)
The payment date indicated by you must be a business day (as defined below.) If it is not, the payment date will be deemed to be the first business day preceding the date indicated.
UNLESS YOU RECEIVE A CONFIRMATION NUMBER, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO MAKE A PAYMENT, INCLUDING ANY FINANCE CHARGES OR LATE FEES INCURRED AS A RESULT. IT IS ALSO IMPORTANT THAT THE PAYMENT DATE BE ON OR BEFORE THE MERCHANT DUE DATE, NOT THE LATE DATE, AND SINCE THE TIME FOR THE CREDIT UNION TO PROCESS YOUR PAYMENT VARIES ACCORDING TO THE PARTICULAR MERCHANT, YOU MUST BECOME FAMILIAR WITH THE PAYMENT PROCESSING TIME FOR EACH MERCHANT YOU DESIRE TO PAY, AND ALLOW THE APPROPRIATE NUMBER OF BUSINESS DAYS BETWEEN THE DAY YOU INPUT YOUR PAYMENT INSTRUCTION AND THE PAYMENT DATE SUBJECT TO THE LIMITATION DISCUSSED BELOW. IF YOU FOLLOW THE PROCEDURES DESCRIBED IN THIS AGREEMENT FOR PAYMENTS, AND YOU ARE ASSESSED A PENALTY OR LATE CHARGE, WE WILL REIMBURSE YOU FOR THAT LATE CHARGE UP TO A MAXIMUM OF FIFTY DOLLARS ($50.00). ACCEPTABLE PROOF OF SAID CHARGE MUST BE PROVIDED WITHIN 45 DAYS. IN THE EVENT THAT YOU DO NOT ADHERE TO THE OBLIGATIONS SET FORTH IN THIS AGREEMENT, OR YOU SCHEDULE A PAYMENT LESS THAN THE NUMBER OF BUSINESS DAYS BEFORE THE DUE DATE REQUIRED FOR A PARTICULAR MERCHANT, YOU WILL BEAR FULL RESPONSIBILITY FOR ALL PENALTIES AND LATE FEES, AND WE WILL NOT BE LIABLE FOR ANY SUCH CHARGES OR FEES.
Limitation - under no circumstances will the Credit Union be liable if we are unable to complete any payments initiated in a timely manner via the services because the Credit Union did not know of the existence of any one or more of the following circumstances:
- You do not obtain confirmation at the time you initiate a payment.
- The designated account does not have sufficient funds available to complete the payment.
- You have closed the designated account.
- We have identified you as a credit risk and have chosen to (1) make all payments initiated by you via the services utilizing a paper, as opposed to electronic, method, or (2) to terminate your subscription to the services.
- The services, your equipment, the software, or any communications link is not working properly, and you know or have been advised by the Credit Union about the malfunction before you execute the transaction.
- You have not provided the Credit Union with the correct information for those merchants to whom you wish to direct payment.
- The merchant mishandles or delays handling payments sent by the Credit Union.
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction, and We have taken reasonable precautions to avoid these circumstances.
WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE RELATED TO THE SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE, OR THE SERVICES, EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD.
Statements - All payments made via the services will be listed on your monthly account statements that you receive from the Credit Union.
New Services - We may, from time to time, introduce new services or enhance the existing services. We shall notify you of the existence of these new or enhanced services. By using these services when they become available, you agree to be bound by the obligations concerning these services, which will be sent to you.
Care of Your Password and Security - You agree that you will not give your services password (password) or make it available to any other person. If you believe that your password has been lost or stolen, or that someone other than yourself has made payments using your password without your permission, notify the Credit Union IMMEDIATELY by phone any time during customer service hours or send an electronic message through the service.
Account Alerts - Are not a replacement for personal account monitoring. Numerous conditions can prevent emails from being delivered and the Credit Union will not be held liable for any fees incurred due to account overdraft because of non-receipt of low balance account alerts.
Your Liability for Unauthorized Payments - If you believe that your password has been lost or stolen, notify the Credit Union IMMEDIATELY as provided above in order to keep your possible losses down.
Disclosure of account information to Third Parties - We will disclose information to third parties about your Accounts:
- When it is necessary for completing payment;
- In order to comply with a government agency or court order; or
- If you give the Credit Union your permission.
Charges - In the event the Credit Union is unable to process a service transaction, (if, for example, there are insufficient funds in your designated account) the transaction will result in a “Failed Payment.” In such an event, the Credit Union will charge the total cost of the transaction, including any service charges, to you if you qualify for Privilege Pay. If you do not qualify for Privilege Pay the transaction will fail and appropriate fees will be charged. In the event of repetitive Failed Payment, the Credit Union reserves the right to suspend your subscription to the services. This suspension may be without prior notice to you. If your subscription is suspended, transactions which were previously initiated may still continue to be processed unless canceled, and confirmation of such cancellation is provided as specified below. Suspension will be handled by customer service, and all inquiries and correspondence relating thereto including requests for reinstatement should be directed to customer service. In the event your subscription is suspended, the Credit Union will notify you. With respect to any failed payment, you agree to reimburse The Credit Union within fourteen (14) days after notice is sent to you, for any funds the Credit Union has already paid to one or more of your designated merchants which the Credit Union was unable to recover by debit to the merchant or charge to you.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS
In case of errors or questions about your electronic fund transfers, call us at 716-665-7000 or use the current information on your most recent account statement.
Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact the Credit Union no later than 60 days after it sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:
- Your name and account number.
- A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error. If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or point of sale transfers) to investigate your complaint or question. If we decide to do this, we will post a provisional credit to your account within ten (10) business days (twenty business (20) days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. Provisional credits are subject to immediate collection if the credit is determined to be unnecessary. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) calendar days after the first deposit to the account is made, including those for foreign initiated or point of sale transactions. 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.
ADDITIONAL TERMS & CONDITIONS
In addition to the foregoing, you agree to be bound by and comply with the requirements of the Services Terms and Conditions and applicable state and federal laws and regulations. We agree to be bound by them too.
We reserve the right to terminate your the use of the services, in whole or in part, at any time without prior notice.
If you wish to cancel your subscription to the services, you must notify Customer Service. You will be responsible for all payments you have requested prior to termination and for all other charges. Fees, and taxes incurred. BE SURE TO CANCEL ALL OUTSTANDING PAYMENT ORDERS BEFORE YOU NOTIFY THE CREDIT UNION TO TERMINATE THE SERVICE. WE WILL NOT BE LIABLE FOR PAYMENTS NOT CANCELED OR MADE DUE TO THE LACK OF PROPER NOTIFICATION BY YOU OF SERVICE TERMINATION.
These Terms and Conditions and applicable services, fees and charges may only be altered or amended by The Credit Union. In such event, the Credit Union shall send notice to you at your listed address or transmit notice of the alteration or amendment over the services. Your use of the services following receipt of such notice constitutes acceptance of such alterations or amendments.
In the event of a dispute regarding the services you and the Credit Union agree to resolve this dispute by looking to these Terms and Conditions. These Terms and Conditions shall supersede any and all other representations made by you or Credit Union employees.
Business days are Monday through Friday excluding normal banking holidays.
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