The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account and loan agreements you have with us in the event of a conflict.
Required Equipment
In order to use the Internet Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer") with a web browser (either Netscape Navigator 4.0 or higher, Microsoft Internet Explorer 4.0 or higher), a member number, and Internet Banking PIN. The PIN is the confidential personal identification number you use to access your account(s) through Internet Banking.
You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. First Class Community Credit Union is not responsible for any errors or failures from any malfunction of your Computer, the browser or the software. First Class Community Credit Union is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.
The Service
To use Internet Banking, you must have at least one First Class Community Credit Union personal account and a Internet Banking PIN. Through Internet Banking, you will have access to any of your First Class Community Credit Union share accounts or loan accounts. First Class Community Credit Union reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances.
Description of Internet Banking
The Service allows you to perform some or all of the following functions from your Computer:
Online Account Access Functions and Limitations of Transfers
You may use Internet Banking to (a) transfer funds between your accounts; (b) obtain account balances; (c) obtain history and transaction information on your accounts; and (d) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below.
- Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Internet Banking Service are counted against the permissible number of transfers described in the Deposit Agreement.
- There may be at least a one-business-day delay in transferring funds between your accounts. Except as provided in this Agreement, all Internet Banking transaction instructions received by 500 p.m. CST (or CSDST when applicable) will be completed that business day.
- Transactional information for your accounts will be available from Internet Banking for a maximum of three statement cycles from the date of inquiry.
Personal Identification Number and Security
Your Internet Banking personal identification number (PIN) is required to access First Class Community Credit Union's Internet Banking functions. You agree not to give or make available your PIN to any unauthorized individual. If you believe your PIN has been lost or stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify First Class Community Credit Union immediately (see Contact Information below). First Class Community Credit Union does not maintain a record of your PIN. If you lose or forget your PIN, contact First Class Community Credit Union immediately so that you may select a new confidential PIN.
Your Liability for Unauthorized Transfer
Definitions
Tell us AT ONCE if you believe your account information and/or PIN have been lost or stolen.
You MUST NOTIFY US IN PERSON at one of our branch locations:
2051 Westown Parkway, West Des Moines, IA
303 Euclid, Des Moines, IA
You may begin the process by telephoning us at 515-224-4300 or 1-800-392-7122 in order to minimize your losses. You could lose all of the money in your accounts! If you believe your account information and/or PIN has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your account information and/or PIN, and we can prove we could have stopped someone from using your account and/or PIN without your permission if you had informed 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 sixty (60) days after the statement was mailed to you, you may not recover any of the money you lost after the sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had informed us in time.
Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit and open-end credit). If you believe your account information and/or PIN has been lost or stolen, and you 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 account information and/or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or PIN, and we can prove we could have stopped someone from using your account/and or PIN 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 can prove that we could have stopped someone from taking the money if you had told us in time.
Errors and Questions
Notify us in writing at 2051 Westown Parkway, West Des Moines, IA 50265 immediately if you think your statement or receipt 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. Your inquiry must include:
- Your name and account number,
- A description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information,
- The dollar amount of the suspected error, and
- The date of occurrence.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will generally tell you the results of our investigation within 10 business days of the receipt of your complaint or question (20 business days if the transaction involved an account opened within the past 30 days). If we need more time, however, we may take up to 45 days. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Error Resolution Procedures
First Class Community Credit Union must follow specific error resolution procedures. These error resolutions procedures of Reg E need only to be followed when you notify the credit union of the error; not if the credit union discovers the error on its own. Reg E's definition of "error" includes unauthorized EFTs, as well as incorrect EFTs to or from your account, the omission of an electronic funds transfer from a periodic statement, the credit union's computational or bookkeeping error, and your receipt of an incorrect amount from an electronic terminal. Although the regulation's definition also covers an inquiry from you to determine whether or not an error exists, errors do not include an inquiry from you concerning the balance in an account, or a request for information for tax or other recordkeeping purposes.
If you notify us as stated above regarding an error, we will promptly investigate the matter and determine within 10 business days whether or not an error occurred (20 days for a new account, i.e. less than 30 days old). However we may take up to 45 days (90 days for foreign and POS transactions, and new accounts) to conduct our investigation if we:
- Provisionally credit your account within 10 business days of receiving the error notice (20 days for new accounts);
- Inform you within 2 business days after providing the provisional credit of the amount and date of the crediting, and gives you full use of the funds;
- Correct the error, if any, within 1 business day after determining that an error occurred; and
- Report the results to you within 3 business days after completing the investigation (including, if applicable, notice that provisional credit has been made final).
What if no error occurred? In addition to following the above procedures, we must include a written explanation of our findings when we report the results of the investigation to you. The explanation will include your right to request the documents that we relied on in making our determination. Upon your request, we must provide you with copies of these documents.
When we debit the provisionally credited amount, we must notify you of the following:
- The date and amount of the debiting; and
- That the credit union will honor checks/drafts or similar instruments payable to third parties and preauthorized transfers from the member.s account (without charge as a result of an overdraft) 5 business days after the notification. But the credit union need only honor items it would have paid if the provisionally credited funds had not been debited. If we have fully complied with the requirement of Reg E for error resolution, we have no further responsibilities under the rule should you reassert the same error.
Stop Payment Order
Stop Payment Order Request. You may request a stop payment order on any item drawn on your account. To be binding an order must be dated, signed, and describe the account and item number and the exact amount. The stop payment will be effective if the credit union receives the order in time for the credit union to act upon the order and you state the number of the account, number of the draft, and its exact amount. You understand that the exact information is necessary for the credit unions computer to identify the item. The credit union will not be responsible for stopping payment unless my written Stop Payment Order is received by the credit union (1) within a reasonable time for the credit union to act on my order prior to final payment or similar action; or (2) at least three business days before the scheduled date of a preauthorized EFT or ACH draft.
If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment. If the stop payment order is not received in time for us to act upon the order, we will not be liable to you or to any other party for payment. If we re-credit your account after paying an item over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft or payment and to assist us in any legal action.
Your Liability
Fees for stop payment orders are set forth on the Rate and Fee Schedule. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.
Credit Union Liability
If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by you or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or nonactions are consistent with applicable state law, federal reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement.
Data Recording
When you access Internet Banking to conduct transactions, the information you enter may be recorded. By using Internet Banking, you consent to such recording.
No Signature Required
When using Internet Banking to conduct transactions, you agree that First Class Community Credit Union may debit your account to complete the transactions, or honor debits you have not signed.
Disclosure of Account Information to Third Parties
In addendum to our "Notice of Privacy Practices for Credit Union Members" we will disclose information to third parties about your account or transfers you made:
- When it is necessary to complete the transfers;
- In order to verify the existence and conditions of your account for a third party, such as a credit bureau or merchant;
- In order to comply with a government agency or court orders; or
- If you give us written permission.
Charges
You will not be charged for the "view accounts", or "transfer funds" features of First Class Community Credit Union's Internet Banking. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Deposit Agreement and Loan Agreement.
Alterations and Amendments
The terms of this Agreement, applicable fees, and service charges may be altered or amended by First Class Community Credit Union from time to time. In such event, First Class Community Credit Union shall send notice to you either at your address as it appears on First Class Community Credit Union's records or by online notice through Internet Banking. Any continuation of Internet Banking after First Class Community Credit Union sends you a notice of change will constitute your agreement to such change(s). Further, Sample Financial Institution may, from time to time, revise or update the First Class Community Credit Union program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, First Class Community Credit Union reserves the right to terminate this Agreement as to all such prior versions of First Class Community Credit Union programs, services, and/or related material(s) and limit access to First Class Community Credit Unions's more recent versions and updates.
Address Changes
You agree to promptly notify First Class Community Credit Union, in writing, of any address change.
Termination or Discontinuation
The use of Internet Banking does not require enrollment on your behalf; therefore, termination of Internet Banking by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
Payee Limitation
First Class Community Credit Union reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. First Class Community Credit Union is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.
Disputes
In the event of a dispute regarding Internet Banking, you and First Class Community Credit Union agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and First Class Community Credit Union, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and First Class Community Credit Union relating to the subject matter of this Agreement. If there is a conflict between what one of First Class Community Credit Union's employees says and the terms of this Agreement, the terms of this Agreement have final control.
Assignment
You may not assign this Agreement to any other party. First Class Community Credit Union may assign this Agreement to any present or future, directly or indirectly, affiliated company. First Class Community Credit Union may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver
First Class Community Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by First Class Community Credit Union. No delay or omission on the part of First Class Community Credit Union in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Governing Law
This Agreement shall be governed by the laws of the jurisdiction in which the Financial Institution is located and by applicable Federal laws and regulations.
Federal Disclosure
You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you.
Contact Information
For mailing information to us, please use the following address:
First Class Community Credit Union
2051 Westown Parkway
West Des Moines, IA 50265