Morris Community Credit UnionONLINE BANKING AGREEMENT AND DISCLOSURE STATEMENT
This Agreement states the terms and conditions that apply when you use the Morris Community Credit Union (herein referred to as “Credit Union”, “we” or “us”) Virtual Branch service. By enrolling in Virtual Branch Internet Banking, you agree to these terms and conditions, which are in addition to those that apply to any accounts you have with us or any other services you obtain from us.
“You”, “Your,” and “Member” mean each person who establishes a Internet Banking Account with us or who uses or is authorized to use a Virtual Branch Access ID (“ID”) and “Security Code” or other means of access we establish or approve. The term “Virtual Branch” means our Online Internet Banking and Bill Payment services that you access over the Internet by use of personal computer and modem or other devise and/or other means we authorize or allow. Internet Banking allows you to transfer funds, access accounts, obtain information, and perform other transactions. Bill Payment is a feature of Internet Banking in which you have the option to enroll. It allows you to initiate a payment from your designated Share Draft account, to payees that you authorize in advance.
INTERNET BANKING ID AND SECURITY CODE
To access our Internet Banking service, you must use the ID and/or other means of access we establish or provide for your Internet Banking member account together with a Security Code. To obtain these, you will need to complete an Internet Banking and Bill Payment Enrollment Application. Applications are available at the main office or the Diamond branch.
It is your responsibility to safeguard the ID and Security Code that we provide. These codes are designed to protect the privacy of your credit union information, but they will only work if you keep them confidential. You share them at your own risk. Anyone to whom you give your Internet Banking ID and Security Code or other means of access will FULL access to your accounts even if you attempt to limit that person’s authority.
Morris Community Credit Union will not contact you to ask for your ID or Security Code. If you are approached by anyone to provide your user ID and Security Code, DO NOT PROVIDE THIS INFORMATION. Contact the Credit Union immediately, as you could be the victim of attempted fraud or identity theft. You will find contact information in section (L) below.
INTERNET BANKING ACCOUNT OWNER INFORMATION
You must be the owner of this account(s) and you must have signature authority to be able to authorize the Credit Union to establish Internet Banking and Bill Payment.
INTERNET BANKING TRANSACTIONS
You, or someone you have authorized by giving them your Internet Banking ID and Security Code or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:
- Make transfers between your qualifying accounts to the extent authorized
- Obtain information, such as daily or historical account balance information, that we
make available about your qualifying accounts; and
- Obtain other services or perform other transactions that we authorize.
BILL PAYMENT SERVICES
With Bill Payment, you can arrange for the payment of your current, future, and recurring bills from a designated share draft account. The minimum payment amount that may be sent is $1.00. The maximum amount is determined by funds availability in the designated account. You can pay any merchant or individual approved through Bill Payment, except federal, state and local tax agencies. When Bill Payment receives payment instructions, payments will be remitted on your behalf from the funds in your designated share draft account. Payment must be entered before 2:00 p.m. Central Time, in the day you have scheduled the payment to occur. We cannot make changes after the payment is processed. Any payments made with Bill payment require sufficient time to be processed. YOU MUST SCHEDULE THE PAYMENT AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE. Credit Union shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. If there are insufficient funds in your designated share draft account on the payment date, the payment will NOT continue to be attempted. You are responsible for any loss or penalty that may occur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
LIMITS ON INTERNET BANKING TRANSACTIONS
You must have enough money in any account from which you instruct us to make a payment or transfer. Certain types of accounts including but not limited to regular shares and money markets have limited number of withdrawals that may be allowed in a specified period. These limitations are found in the Morris Community Credit Union brochure “Important Account Information for Our Members” which contains the “Terms and Conditions of Your Account”, “Electronic Fund Transfers—Your Rights and Responsibilities”, “Your Ability to Withdraw Funds”, and “Truth-in-Savings Disclosure” that you received when you opened your share deposit account and any subsequent amendments. You continue to agree to these items in the “Important Account Information for Our Members” brochure and any subsequent amendments
LIMITATION ON LIABILITY
EXCEPT AS OTHERWISE PROVIDED HEREIN OR BY LAW, IN NO EVENT WILL THE CREDIT UNION BE LIABLE TO YOU FOR ANY LOSS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGE OF ANY KIND EVEN IF THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
We make no warranty to you regarding the computer software, including any warranty of merchantability or fitness for a particular purpose. We are not responsible for any errors of failures from any malfunction of your computer or the software. We are also not responsible for any damage to your computer, modem, telephone, or other property resulting from the use of Virtual Branch Internet Banking, including damage from any electronic virus or viruses that you may encounter.
OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS
If we do not complete a payment or transfer 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 exceptions. We will NOT be liable:
- If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any account.
- If your or our equipment was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
- If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction, or if you do not properly follow our instructions, pr if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due. All Bill Payments should allow five (5) business days (not including Holidays) for the payment to reach merchants. If the payment is the first payment, you should allow five (5) business days for the merchant to adjust to payment type.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or other claims that may restrict the transaction.
- If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
- If failure was caused by an act of God, event of terrorism, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transactions requested in unauthorized.
YOUR LIABILITY AND INDEMNITY
You warrant that you will perform your obligations under this Agreement consistent with all applicable Credit Union rules and regulations and that all information that you provide us is accurate, timely, and has been authorized by you.
Use of these Services is at your own risk. You are responsible for the installation, maintenance, and operation of your computer and browser software, anti-virus software and personal computer firewall. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate the computer software properly. Undetected or un-repaired viruses may destroy your programs, files, and even your hardware. We encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of the intrusion detection system you may employ.
You acknowledge that you shall be fully responsible and liable for any transactions initiated under this agreement. You acknowledge that you are in the best position to monitor the use of the Virtual Branch Internet Banking service, avoid errors in transmitting transactions through the use of the Internet Banking service, protect the confidentiality and secrecy of the security code and govern the authority given to each authorized user. Therefore, you agree that the Credit Union shall have no duty or obligation to verify information submitted by you in using the Virtual Branch Internet Banking service.
Except to the extent that we are liable under the terms of this Agreement, you agree to indemnify and hold the Credit Union, its officers, directors, agents, and employees harmless from all claims, demands, judgments, expenses, liability, causes of action and damages, arising our of your use of the Virtual Branch Internet Banking service. Indemnification shall survive termination of the agreement.
BUSINESS DAYS
Our business days are Monday through Friday, except Holidays. We can process a fund transfer on the same business day as your instruction, if we receive your instructions before our Virtual Branch Internet Banking cut-off hour of 2:00 p.m. Central Time on a business day. If we receive your instruction after the cut-off hour of our business day, we will process the transaction on the next business day. If the date you request for a future transfer or payment is not a business day, we process the transaction on the business day immediately preceding the date you have requested. If you schedule a recurring funds transfer, and the payment date does no exist in a month, payment will be processed on the last business day of the month.
STATEMENTS
Your Internet Banking payments and transfers will be indicated on the monthly or quarterly statements we provide.
CHARGE FOR TRANSACTIONS
You agree to be charged for any applicable Virtual Branch Internet Banking fees a listed in the Credit Union’s fee schedule. We reserve the right to change our fee schedule from time to time and your account will be charged in accordance with the new fee schedule after giving you at least twenty-one (21) days notification. All Bill Payment fees will be assessed to your designated Share Draft account.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING ID OR SECURITY CODE
If you believe your Internet Banking ID or Security Code or other means of access have been compromised or stolen or that someone has used them without your authorization, call us immediately at (815) 942-2228, during normal business hours.
If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:
- If you contact us within two (2) business days of the loss or your discovery of the loss, you can lose not more than $50.00 if someone used your Internet Banking ID and Security Code without your permission.
- If someone used your Internet Banking ID and Security Code without your permission, you could lose as much as $500.00 if you do not contact us within two (2) business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us.
- If your statement shows transfers or payments that you did not make, notify us at once. If you do not tell us within sixty (60) days after the first statement showing such a transfer was mailed to you, you may not get back any funds lost after the sixty (60) days, if we can prove your contacting us would have prevented those losses.
If you have given someone your Internet Banking ID and Security Code or other means of access, you have authorized that person to effect transactions in your account, and you are responsible for all transactions that person performs. The above limitations do not apply. If you want to terminate that person’s authority, you must change your Internet Banking ID and Security Code or other means of access or take additional steps to prevent further access by such person.
ERROR RESOLUTION
In case of errors or questions about your transactions on Virtual Branch Internet Banking or if any statement you see shows transactions that you did not make, call or write us as soon as you can at (815) 942-2228 or Morris Community Credit Union, Attn: Internet Banking, P.O. Box 125, Morris, Illinois 60450. We must hear from you no later than sixty (60) days after we communicated the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the transaction 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 date and dollar amount of the suspected error.
If you tell us orally, we may require you send your complaint or questions in writing within ten (10) business days.
Generally, we will tell you the results of our investigation within ten (10) business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time however, we may take up to fort-five (45) calendar days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (20 business days if the transfer involved a new account) for the amount you think is in error so that you will have 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 ten (10) business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
YOUR USAGE AND RESPONSIBILITIES
You warrant and covenant that you will use the Credit Union’s Virtual Branch Internet Banking services for consumer, personal, family or household purposes. You acknowledge that changes in technology, software, Credit Union policies and procedures, or other developments may require modifications to (or new or additional) your hardware which you will solely be responsible for upgrading at your sole cost and expense if you desire to make continued use of the Credit Union’s Virtual Branch Internet Banking services.
MISCELLANEOUS
Any required notice or other communication will be addressed to you at the address on file with the Credit Union. You are responsible for notifying the Credit Union of any change in your postal or e-mail address.
OTHER GENERAL TERMS
This Agreement is intended to supplement and not replace other agreements between you and us relating to your Account(s), including, without limitation, our “Terms and Conditions of Your Account”, Electronic Fund Transfers and Your Rights and Responsibilities”, Your Ability to Withdraw Funds”, and “Truth-in-Savings Disclosure” agreements. In the event of a conflict between this Agreement and any other Account rules and agreements that apply to your Account(s) or the functions performed using Virtual Branch Internet Banking, this Agreement shall govern and prevail.
THIRD PARTIES
You understand that third parties other than us provide support and services relating to Virtual Branch Internet Banking, and you authorize us to contract with third parties to provide such support and service. You release us from any liability for failures, act, or omissions of any third party system operator including, but not limited to, unauthorized access or theft or destruction of your information or instructions.
We have procedures to protect confidential information about you, your account, and your transactions. When we share information with third parties in order to effect your transactions, we require them to sign a contract agreeing to use the information only for the required purposes. Our information practices are fully detailed in the Morris Community Credit Union Privacy Policy.
APPLICABLE LAW
This Agreement will be governed by, construed and enforced according to the laws of the State of Illinois
AMENDMENT
We may amend this Agreement at any time. Notice will be sent to you at your current address in our files. Amendments will be effective upon the date indicated in the notice
TERMINATION
We may modify, suspend or terminate your privilege of using Virtual Branch Internet Banking and may withhold approval of any transactions, at any time, without prior notice to you. In the event we terminate Virtual Branch Internet Banking, we will try to notify you in advance but are not required to do no. You will be notified as soon as practicable. If you wish to terminate your participation in Virtual Branch Internet Banking, you must notify us at least ten (10) business days prior to the date you wish to terminate. Unless otherwise agreed, we will terminate the service on the 10th business day following our receipt of your notice. Termination shall not affect the rights and obligations of the parties for transactions made with the Virtual Branch Internet Banking before we have had a reasonable time to respond to your termination request.
You must cancel all future funds transfers, whether recurring or individual payments, when you terminate Virtual Branch Internet Banking or we may continue to process such payments.
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