Motion Federal Credit UnionHOME BANKING ACCOUNT ACCESS AGREEMENT AND DISCLOSURE STATEMENT
This Agreement is a contract, which establishes the rules that cover your electronic access to your account(s) at Motion Federal Credit Union through Home Banking. You will be bound by this Agreement when you enroll in Home Banking. You also accept all the terms and conditions of this Agreement by using the Home Banking. Please read it carefully and retain for your records.
This Agreement is also subject to applicable federal laws and the laws of the State of New Jersey (except to the extent this Agreement can and does vary such rules or laws). If any provisions of this Agreement are found unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in the Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party or any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the credit union’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement together with the Membership and Account Agreement constitutes the entire agreement between you and the credit union with respect to the subject matter hereof and there is no understanding or agreements relative hereto which are not fully expressed herein.
The words “you”, “your”, and “yours” refer to the Member(s) jointly and severally of Motion Federal Credit Union member(s) jointly and severally. The words “we”, “us”, “our”, “Motion FCU” and “credit union” refer to Motion Federal Credit Union. This Agreement and Disclosure Statement (hereinafter “Agreement”) explains and describes the types of Electronic Funds Transfers which are available to you with our Home Banking system. This Agreement also contains your rights and responsibilities concerning transactions that you make through Home Banking, including your rights under the Electronic Funds Transfer Act.
To qualify for access to Home Banking, you must be a credit union member in good standing. Home Banking may not be accessible to Business and Organizational accounts. Other conditions may apply.
The credit union defines a “Member in good standing" as a member who (A) owns at least one membership share in the credit union, (B) is current on all credit obligations to the credit union, and (C) has not caused the credit union a credit or share loss that remains outstanding.
A "Membership share" is defined as a share equal to the stated par value of the Motion Federal Credit Union ($5.00) which may not be withdrawn or transferred except upon termination of membership and which confers membership and voting rights of the member.
ENROLLING FOR HOME BANKING
The member account number and the last four digits of the Social Security number are required for initial enrollment to Home Banking.
- Users will create a personalized Logon ID and Security Code.
- The minimum number of characters in the logon ID is 6. The maximum number of characters is 50. This allows you to use your email address as your logon ID if you want.
The valid characters for your logon ID are:
- A to Z
- 0 to 9
- At-sign – (@)
- Period – (.)
- Dash – ( - )
- Underscore – (_)
- Security Codes must have a minimum of 8 alpha-numeric characters. A minimum of 2 numeric and 2 alpha characters is required.
- HOME BANKING
You may reach the Home Banking service at https://www.motionfcu.org/. You can use Home Banking 7 days a week, 24 hours a day, 365 days a year, although some or all of the Home Banking services may not be available occasionally due to emergency or scheduled system maintenance. The use of your Logon ID is required to access Home Banking. You can perform the following transactions on all account(s) to which you are authorized and have been given access to:
- Obtain balances and other account information on share/savings and draft/checking accounts in addition to loans. Home Banking may NOT support information regarding Visa® debit card accounts.
- Make transfers between share/savings, draft/checking, and loan accounts.
- Review 200 days of share/savings history, 90 days of draft/checking history, 18 months of certificate history, 18 months of open end loan history, and closed end loan history for the life of the loan.
- Make transfers from your share accounts to other share accounts that you share an association.
- View check copies and re-order checks.
- LIMITATIONS ON TRANSFERS
Federal regulations limit transfers for share/savings accounts and money market accounts, if applicable. During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a pre-authorized or automatic transfer. This includes transfers by phone, fax, wire and cable, audio response, overdraft transfers to checking and Internet instruction. No more than three of the six transfers may be made by check, draft or debit card, or similar order to a third party. A pre-authorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearinghouse (ACH). If you exceed the transfer limitations set forth above in any statement period, the transfer may not be completed, your regular share account and draft account may be subject to a fee, account closure, or suspension or we may revoke your access to Home Banking. We will not be required to complete a withdrawal or transfer from your account(s) if you do not have enough money in the designated account(s) to cover the transaction. However, we may complete the transaction. You agree not to use Home Banking to initiate a transaction that would cause the balance in your designated account(s) to go below zero. If you have a line-of-credit, you agree not to use Home Banking to initiate a transaction that would cause the outstanding balance of your line-of-credit to go above your credit limit. We will not be required to complete such a transaction, but if we do, you agree to pay us the excess amount or improperly withdrawn amount or transferred amount immediately upon our request. We also will refuse to complete your Home Banking transactions if we have canceled your Home Banking access, or we cannot complete the transaction for security reasons.
The functions and limitations of Home Banking may be updated, without notice, at the option of the credit union in order to provide improved service to the membership.
- FEES FOR HOME BANKING
There is no monthly service fee for using Home Banking. However, if we implement a fee we will notify you as required by applicable federal and/or state regulations. If at that time, you choose to discontinue using Home Banking, you must notify us in writing.
- ACCOUNT STATEMENTS
Your periodic statement will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions.
- IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
In case of errors or questions about electronic transfers, telephone us at 908.862.6966, Option 4, or, write to us at:
Motion Federal Credit Union
P.O. Box 1160, Linden, NJ 07036
- Tell us your name and member number.
- Describe the error or the electronic 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 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 determine whether an error occurred 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 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 credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. 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.
- LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Tell us AT ONCE if you believe your code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning 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 you tell us within 2 business days after you learn of the loss or theft of your code, you can lose no more than $50 if someone used your code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your code, and we can prove we could have stopped someone from using your code, 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, including those made by card, code or other means, 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. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
- TRANSACTIONS THAT ARE NOT COMPLETED
If we fail to complete a transfer to or from your designated account(s) on time, in the correct amount, and we have agreed to perform it, with certain exceptions, we will be liable for your losses or damages. Section 2 of this agreement lists a number of situations in which we do not agree to complete withdrawals or transfers. We also will not be liable:
- If we have terminated this agreement.
- If through no fault of ours, you do not have enough money in your account(s) to make the transfer.
- A legal order directs us to prohibit withdrawals from the account(s).
- The funds in your designated account(s) are subject to legal process or other encumbrance restricting the transaction.
- If circumstances beyond our control (such as a fire or flood) prevent the transaction from being completed despite reasonable precautions that we have taken.
- You have reported an unauthorized use of your Member Number and Password, reported it as stolen, or requested that we issue a new Password, and we have as a result refused to honor the original Password.
- If your account is closed, frozen, or funds are uncollected.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If the transfer would cause your balance to become negative or exceed the credit limit of an established line of credit loan.
- If any part of Home Banking is not working properly and you knew about the problem when you started the transactions.
- There may be other exceptions as provided by applicable law.
- LIMITATION OF OUR LIABILITY
UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSES OR DAMAGES FROM THE USE OF THE SERVICES DESCRIBED IN THIS DISCLOSURE STATEMENT AND THE HOME BANKING SERVICES AGREEMENT OR THE SOFTWARE INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSES OR DAMAGES BECAUSE OF A FAILURE OR DELAY IN DELIVERY OF PROCESSING OF ANY PAYMENT.
- INFORMATION ABOUT YOUR DESIGNATED ACCOUNTS
You authorize us to obtain any information deemed necessary to process your request for access to Home Banking. Additionally, you agree that we will disclose information to third parties about your designated account(s) or the transactions you make:
- Where it is necessary for completing or documenting transactions or resolving errors involving transactions.
- In order to verify the existence and condition of your designated account(s).
- In order to comply with orders or subpoenas of government agencies or courts.
- If you give us written permission.
- OUR BUSINESS DAYS
Our business days are Monday through Friday, other than legal banking holidays and the Friday after Thanksgiving.
- PRE-AUTHORIZED PAYMENTS
You may not use Home Banking to enter into pre-authorized payment arrangements.
- OUR RULES AND REGULATIONS AND OTHER AGREEMENTS
Your designated account(s) may also be governed by other agreements between you and us. The terms and conditions of the deposit agreements and disclosures for each of your credit union account(s) as well as your other agreements with the credit union such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
If we go to court for any reason, we can use a copy, microfilm, microfiche, or photograph of any document or person to prove what you owe or that a transaction has taken place and the copy, microfilm, microfiche, or photograph will have the same validity as the original.
- TERMINATING THIS AGREEMENT
You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Home Banking at any time. Whether you terminate the Agreement or we do, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.
- CHANGING THIS AGREEMENT
We may change any term of the Agreement at any time. If the change would result in increased fees, if applicable, for any services, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice of at least 21 days before the effective date of any such change, unless any immediate change is necessary to maintain the security of an account, or our electronic fund transfer system, or for any security reasons. We will post any required notice of change in terms in the quarterly newsletter, on our web site, personal E-mail, or postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject system services indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
All notices from us will be effective when we have mailed them or delivered them to the last known address in the credit union’s records. Notices from you will generally be effective once we receive them at Motion Federal Credit Union, P. O. Box 1160, Linden, NJ 07036. Notices under Section 6 will be effective once you have done whatever is reasonably necessary to give us the information we need—such as by telephoning us.
- COLLECTION EXPENSE
If we ever have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorney’s fees.
- GOVERNING LAW
This Agreement is governed by the Bylaws of the credit union, federal laws and regulations, and the laws and regulations of the State of New Jersey. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the credit union is located.