This Home Banking Agreement ("Agreement") is between Hopewell Chemical 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 to our members. Our Internet address is www.hopechemfcu.org. This Agreement supplements the other terms and conditions set forth in the Credit Union's Membership, Account and Account Service Agreement and Disclosures, (the Membership Agreement"), which you have previously received and agreed to.

You understand that by signing an application, completing and submitting an application on-line, using or continuing to use these services, you agree to the terms and conditions of this Agreement.

You warrant and agree that you will not use Credit Union accounts or services, including but not limited to loans, to make or facilitate any illegal Transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this Agreement. You agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized users(s). You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use.

DEFINITIONS:

1. "Access Device" means any ATM card, debit card, or other electronic access device and/or any codes, passwords or personal identification number that we issue to allow you to access and/or use any account or other service.
2. "Authorized User" means any person who has actual, implied or apparent authority, or who any owner has given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us.
3. “Bill Payment” means our service that allows you to pay or transfer funds to designated Payee(s) in connection with our Bill Pay service.
4. "Business Day" means Monday 9am to 2pm, Tuesday through Friday from 9am to 5pm, excluding Holidays.
5. “Payee” means any individual, financial institution, educational institution, company, merchant or other person or entity that you wish to pay using the Bill Pay Service.

ELIGIBILITY:
In order to enroll and activate Virtual Branch 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 User ID and Security code. By entering the correct information you will have direct access to your Credit Union accounts.

You should keep your password or pin in a secure location. Any person having access to your Virtual Branch Home Banking password or PIN will be able to access the Home Banking Services and perform all transactions, including reviewing Account information.

Home Banking Services are generally accessible 24 hours, seven days a week, except that Home Banking services may be inaccessible for a reasonable period for system maintenance.

We may modify, suspend, or terminate access to the Home Banking services at any time and for any reason without notice.

ELECTRONIC SIGNATURE:
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing.

"E-MAIL" COMMUNICATIONS:
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to e-mail at either the address provided with the communication or the e-mail address in your Membership Application and Signature Card. Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion to the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.

VIRTUAL BRANCH HOME BANKING SERVICES:

• Review transactions on your account
• Transfer money between Shares, Share Draft and other internal accounts* (Must be joint on the account) (Limitations may apply).
• See a summary of your account
• Transfer payments to your credit union loans, or Christmas club account
• Schedule transfers for a specific date. Exception-Weekend
• Options to export to Quicken and Money

We can process a funds transfer on the same Business Day as your Home Banking session. For purposes of these disclosures, Hopewell Chemical FCU business days are Monday through Friday, excluding holidays. If you schedule a one-time transfer, for a future date, we process that transaction after 2:00 on that date. EXCEPTION: If the scheduled transfer date is other than a business day.

When you schedule a funds transfer using the Home Banking service, you authorize us to withdraw the necessary funds from your account. We deduct the amount of your funds transfer from your account on the date we process your instructions.

We process fund transfers only if there are sufficient funds available in your account. If sufficient funds are not available in your Account on the date a loan payment/transfer is scheduled to be made, the transfer will not be processed and it is your responsibility to check your account.

VIRTUAL BRANCH BILL PAY SERVICE:
You authorize Hopewell Chemical Federal Credit Union to utilize IntegraSys to provide the Services to You on Our behalf. In order to use Bill Pay, you must have a Hopewell Chemical Federal Credit Union checking account. You will be able to use the Bill Pay service 24 hours after you have enrolled, excluding weekends and holidays.

Payment of Taxes or Court directed payments and payment to payees outside the United States via the Services is prohibited.
We reserve the right to refuse to make any payment and/or transfer.

Subject to the terms and conditions of this Agreement, You authorize Us, and any third party acting on Our behalf, to choose the most effective method to process Your payment and/or transfer, including, without limitation, electronic, paper or some other draft means.  For each properly instructed payment to an eligible Merchant and/or transfer to a targeted Account You will receive a transaction confirmation number (Confirmation Number).

The Payment Date indicated by You must always be a Business Day (as defined above).  If it is not, the Payment Date will be deemed to be the first Business Day before or after the date indicated.  Schedule your payment to a Merchant at least 5 Business days before the due date.

We shall not be liable for any failure to make a payment and/or a transfer, including any finance charges or late fees incurred as a result.  It is also important that the payment date be scheduled before the merchant due date, not the late date, and since the time for us 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. We shall not be liable for any delay due to the postal service failing to promptly deliver your payment.

The business date of the payment, which will be debited from Your account at 2:00 p.m. EST, is not included in the five business day period required for processing the transaction.  Subject to the limitation discussed below, if You follow the procedures described in this agreement for payment and the bill payment processor has made an error, we will reimburse you for that late charge up to a maximum of fifty dollars ($50.00). If you are assessed a penalty or late charge 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, the bill payment processor and the credit union will not guarantee the timely delivery of any non-electronic payment (check) that is mailed to the merchant due to the fact that the credit union and the bill payment processor has no control of the United States Postal Service.  You will bear full responsibility for all penalties and late fees and we will not be liable for any such charges or fees.  The Service assumes no liability for the late posting or misapplication of payment once funds are received by merchants.  This absence of liability, however, does not preclude the credit union from working to resolve these types of issues when they arise.

If a payment is processed in the form of a check rather than an electronic funds transfer, the Credit Union and the payment processing vendor may not be held liable for the timely delivery of said item by the United States Post Office.  Payment of any late fees incurred by the transaction, are subject to the aforementioned requirements in this agreement.  After the 5th business day has passed from the process date of the transaction, a payment investigation may be requested.  A payment investigation may occur on the 6th business day from the transaction and involves a seven to ten business day investigation period.  During which time, the payment processor will be in contact with the merchant in question.

PAYMENT CANCELLATION / MODIFICATION:
Except for those transfers which are completed immediately, you may cancel or modify a scheduled payment and/or transfer up to 1:00 p.m. Eastern Standard Time (EST) on the same Business Day of the scheduled payment.

If a stop payment is requested by the member after the 5th business day, there is a 2 business day waiting period to confirm the stop payment has occurred.   After the two business day period has past, the member's account will be credited back within 3 to 6 business days. Limitation:  Under no circumstances will We be liable if We are unable to complete any payments and/or transfers initiated in a timely manner via the Services because of the existence of any one or more of the following circumstances:

1. You do not obtain Confirmation at the time You initiate a payment and/or transfer.
2. The designated Account does not contain sufficient available funds to complete the payment and/or transfer.
3. You have closed the designated Account.
4. We have identified You as a credit risk and have chosen to (i) make all payments and/or transfers initiated by You via the Services utilizing a paper, as opposed to electronic, method, or (ii) to terminate Your subscription to the Services.
5. The Services, Your equipment, the software, or any communications link is not working properly and You know or have been advised by Us about the malfunction before You execute the transaction.
6. You have not provided Us with the correct information for those Merchants to whom You wish to direct payment or Accounts to which You wish to make a transfer.
7. The Merchant mishandles or delays handling payments sent by Us.
8. 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/BROCHURE 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.

You will receive a monthly account statement from us, unless there are no transactions in a particular month. In any case, you will receive an account statement on all of your accounts at least quarterly.

Federal Regulation requires us to limit either by contract or in practice the number of certain types of transfers from savings (shares). Under these regulations you are limited to six (6) preauthorized electronic fund transfers and telephone transfers-including Home Banking transactions, checks and point -of-sale transactions per month. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Each fund transfer or payment through Home Banking services from your savings (shares) account is counted as one of the six limited transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings (share) accounts.

FEES:
For savings/share accounts an excess transaction fee may apply to each withdrawal made through Home Banking Services that exceeds the number of limited transactions permitted by Federal regulations each statement period described in your account agreement.

Virtual Branch Bill Pay Fee Schedule:
  Virtual Branch     $2.00 per month; with e-statements no charge
  Bill Payment      $5.00 per month unlimited checks
  Stop Payment     $28.00 per request
  Research       $30.00 per request

The member must request the stop payment in writing, and the $28.00 stop payment fee will be deducted from the member's account..

A $30.00 research fee will be charged if a member initiates a 3rd party investigation. You must notify Hopewell Chemical FCU to initiate the process. If the credit union or bill payment processor is in error, the fee will be waived.

REPORT UNAUTHORIZED TRANSACTIONS:
You should notify us immediately if you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us call 804-452-2480 or come into the Credit Union office at 702 Elm Street, Hopewell, VA 23860 during business hours Monday 9am to 2pm, Tuesday through Friday 9am to 5 pm, or write us at Hopewell Chemical Federal Credit Union, P.O. Box 449, Hopewell, VA 23860.

MEMBERS LIABILITY FOR UNAUTHORIZED TRANSACTIONS:
Federal law requires that if you believe your 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 if someone used your PIN without your permission.

Please tell us AT ONCE if you believe your PIN has been lost or stolen. Telephoning us at 1-804-452-2480 is the best way of keeping our possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your Account. If you tell us within two (2) business days, you could lose no more than $50 if someone used your PIN without your permission.

If you do NOT notify us within two (2) business days after you learn of the loss or theft of your PIN, and we can prove that we could have stopped someone from using your PIN without your permission if you had told us, you could lose as much as $500.

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 FIRST statement showing such a transfer 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. Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your account statement upon receipt. If you find that your records and ours disagree, you must call 1-804-452-2480 immediately or come into our office at 702 Elm Street, Hopewell, VA 23860.

Please provide the following information:

1. Tell us your name and account number.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
3. 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 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. If we decide to do this, we will re-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 may not re-credit your account.

CREDIT UNION'S RESPONSIBILITY:
If we fail to complete a transfer to or from your account on time in the correct amount according to our agreement with you, we will be liable for your losses or damages. However there are some exceptions:

1. If, through no fault of ours, you do not have enough money available in your Account to make the transfer.
2. If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account;
3. If circumstances beyond our control such as interruption of telephone service or telecommunication facilities, or natural disaster (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

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