Internet Banking Services Disclosure Statement and Agreement

WORDS OFTEN USED IN THIS DOCUMENT

A. The terms “you” and “your” refer to users of the NJ Gateway Federal Credit Union Internet Banking.

B. The terms “we”, “us” and “our” refer to the NJ Gateway Federal Credit Union.

C. The term “PIN” refers to your Personal Identification Number which is the secret code (security code) that is provided to you to activate the NJ Gateway Federal Credit Union Internet Banking Services and the personal identification number that you select as your secret code to access to the NJ Gateway Federal Credit Union Internet Banking Services through your computer.

D. The term “Software” refers to the computer programs through which you are permitted to access the NJ Gateway Federal Credit Union Internet Banking Services.

  1. DISCLOSURE STATEMENT. The purpose of this Disclosure Statement is to inform you of your rights under the Electronic Fund Transfer Act. This Disclosure Statement only applies to the NJ Gateway Federal Credit Union (“Credit Union”) accounts that may be accessed using NJ Gateway Federal Credit Union Internet Banking Services (“NJ Gateway FCU Internet Banking Services”).

  2. NJ GATEWAY FCU INTERNET BANKING SERVICES. You may use the NJ Gateway FCU Internet Banking Services with your PIN and the Software to request the following transactions for the accounts which may be accessed through the Internet Banking Services:

    • Obtain balance and transaction information from your checking, savings and loan accounts;
    • Transfer funds between your checking and savings accounts
    • Make loan payments by transferring funds from your checking or savings accounts;
    • Take a loan advance and transfer to savings or checking

  3. LIMITATIONS ON THE USE OF NJ GATEWAY FCU INTERNET. You will be denied the use of NJ Gateway FCU Internet Banking Services if you (a) do not have adequate funds available in your account or available overdraft protection, or (b) do not enter the correct PIN or other requested information. There is a limit on the number of denials permitted and you will be denied access to the service if you exceed these limits. The number of attempts permitted is not revealed for security reasons.

Transactions conducted on a business day are posted to your Credit Union account as of that business day. Future dated transactions will be posted to your account as of the day such transactions are initiated. If NJ Gateway FCU Internet Banking Services are cancelled, future dated transactions will also be cancelled.

  1. HOW TO CONTACT US. If you believe your PIN has been lost or stolen or that an unauthorized transfer or payment from any of your accounts has occurred or may occur, please contact us immediately by calling us at (732) 329-3838 Option 5 or (888) 385-5782 Option 5 or writing us at:

    NJ Gateway Federal Credit Union
    ATTN: Home Banking Coordinator
    P.O. Box 420
    Dayton, NJ 08810-0420

    You may be denied access to the NJ Gateway FCU Internet Banking Services until the service is reactivated and a new PIN is selected.

  2. RECORD OF TRANSACTION. You will receive a monthly statement showing the status of your accounts, including transactions that occurred during the past month.

  3. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. Telephone us at (732) 329-3838 Option 5 or (888) 385-5782 Option 5 or write us at:

    NJ Gateway Federal Credit Union
    ATTN: Home Banking Coordinator
    P.O. Box 420
    Dayton, NJ 08810-0420

    As soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You must provide us with the following information:

    • tell us your name and member 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; and
    • tell us the dollar amount of the suspected error.
    • If you tell us orally, we may require that you send your complaint or questions in writing within ten (10) business days to the above address.

    We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (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 require your written confirmation and we do not receive your complaint or question in writing within ten (10) business days, we may not re-credit your account.

    If we decide that there is 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 the documents that we use in our investigation. If we credit your account with funds while investigating an error, you may repay those funds to us if we conclude no error has occurred.

  4. CHARGES. Use of the NJ Gateway FCU Home Banking Services is provided free of transaction charges. Check stop payment fees are as provided in our Fee Schedule. We will provide you with notice of changes to this policy as required by law.

  5. BUSINESS DAYS. Our business days include every day other than Saturday, Sunday or
    one of the Federal Holidays.

  6. LIABILITY FOR UNAUTHORIZED TRANSFERS. CONTACT US IMMEDIATELY if you believe your PIN has been lost or stolen or may have been used without your permission. Telephoning us at (732) 329-3838 Opt. 5 or (888) 385-5782 Opt. 5 is the best way of keeping your losses to a minimum. If you telephone us, we may require that you send us written confirmation of your notice to be received by us within ten (10) business days of your phone call.

    You could lose all your money in the account(s), including the available balance in your overdraft line of credit or other credit account(s), if you take no action to notify us of the loss of your PIN. If you notify us of the loss, your liability for unauthorized transfers will be as follows:

    If you contact us within two (2) business days of the loss of your discovery of the loss, you can lose no more than $50.00 if someone used your PIN without your permission.

    If someone uses your PIN without your permission, you could lose as much as $500 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.

    Also, if your monthly statement shows transactions that you did not make and you do not contact us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevented those losses.

DISCLOSURE OF ACCOUNT INFORMATION. We shall disclose information to third parties about your account(s) or the transactions you make:

    • where it is necessary to complete transactions;
    • in order to verify the existence and standing of your account(s) with us upon the request of a third party, such as a credit bureau, or merchant;
    • in accordance with your written permission;
    • in order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports; and/or
    • on receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately caused by our failure unless:

    • there are insufficient funds in your account to complete the transaction through no fault of ours;
    • the funds in your account are unavailable;
    • the funds in your account are subject to legal process;
    • the transaction you request would exceed the funds in your account plus any available overdraft credit;
    • your PIN has been reported lost or stolen or your NJ Gateway FCU Internet Banking Services privileges have been suspended;
    • we have a reason to believe that the transaction requested is unauthorized;
    • the failure is due to an equipment breakdown which you knew about when you started the transaction;
    • the failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control;
    • you attempt to complete a transaction using the NJ Gateway Internet Banking service which is not a permissible transaction; or
    • the transaction would exceed security limitations on the use of the NJ Gateway FCU Internet Banking Services.

In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.

LIMITATION OF OUR LIABILITY. UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGED FROM THE USE OF THE SERVICES DESCRIBED IN THIS DISCLOSURE STATEMENT AND THE INTERNET BANKING SERVICES AGREEMENT OR THE SOFTWARE, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES BECAUSE OF A FAILURE OR DELAY IN THE DELIVERY OF PROCESSING OF ANY PAYMENT.

Internet Banking Services Agreement

NJ GATEWAY FCU INTERNET BANKING SERVICES AGREEMENT. This Agreement covers the use of NJ Gateway FCU Internet Banking Services with the Credit Union accounts and services described in the Credit Union’s EFT Disclosure Statement and this Agreement. By using NJ Gateway FCU Internet Banking Services you agree to the terms of this Agreement. Joint account holders and other persons that are authorized to use the Personal Identification Number (“PIN”) and NJ Gateway FCU Internet Banking Services are also bound by the terms and conditions contained in this Agreement and the Disclosure statement for NJ Gateway FCU Internet Banking Services. Your use of the NJ Gateway FCU Internet Banking Services acknowledges your receipt and agreement to the terms of the Disclosure Statement.

NJ GATEWAY FCU INTERNET BANKING SERVICES DISCLOSURE STATEMENT. Our Internet Banking Services Disclosure Statement, which is required by Federal Law, contains additional terms that are part of this Agreement. If there are any inconsistencies between the Disclosure Statement and this notice, the Disclosure Statement will govern.

ACCOUNT RULES AND REGULATIONS. You agree that the use of the NJ Gateway FCU Internet Banking Services described in this Agreement are subject to the rules and regulations of each account which is accessed by the NJ Gateway FCU Internet Banking Services.

The PIN (security code) used with the NJ Gateway FCU Internet Banking Services acts as the signature of the owner of the account. The PIN identifies the user of the NJ Gateway FCU Internet Banking Services as an individual who is authorized to conduct transactions from the account and validates the directions given just as the actual signature and other proof identify and validate the directions of the account owner.

Your PIN is an identification code that is personal and confidential. The use of the PIN with the NJ Gateway FCU Internet Banking Services is a security method by which we are helping you to maintain the security of your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PIN.

LIABILITY. You agree to contact us at once if you believe the PIN has been lost or stolen or money is missing from your account(s). You also agree that if your monthly account statement shows transactions which you did not make and you do not contact us within sixty (60) days after the statement was mailed to you that you may not get back any money lost after that time. You agree to cooperate with using the investigation of any claim or dispute and provide us with information and documentation as may be necessary in order to assist us in resolving your claim or dispute. YOU AGREE THAT IF YOU GIVE YOUR PIN TO SOMEONE ELSE TO USE, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE NJ GATEWAY FCU INTERNET BANKING SERVICES BY THEM.

AMENDMENT OF THIS AGREEMENT. We may change the terms of this Agreement at any time, including changes to services. We will notify you of the changes as required by law. Your use of the NJ Gateway FCU Internet Banking Services or any additional service(s) after the effective date of the change will constitute your acceptance of and agreement to the change.

We have the right to revoke or refuse access to or terminate the NJ Gateway FCU Internet Banking Services at any time, without cause or notice. Your NJ Gateway FCU Internet Banking Services privileges may also be revoked if the account that is used with the NJ Gateway FCU Internet Banking Services becomes overdrawn. If the Internet Banking Services is terminated, you understand that any scheduled payments and other transactions will not be made as scheduled.

GRANT OF SOFTWARE USAGE. You are given a non-exclusive right to use the Software during the period of time in which the Credit Union provides Internet Banking Services to you. Upon the termination of services you agree that the Software is not owned by you and is copyrighted by FISERV. Accordingly, you may not rent or lease the Software.

ADDITIONAL LIMITATION OF LIABILITY. Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or use thereof or arising in any way out of the maintenance of the Financial Software, even if we have been advised of the possibility of such damages or losses. The Credit Union makes no Warranty, express of implied, to you concerning the service, equipment, browser or other services including, but not limited to any warranty, unless disclaiming such warranty is prohibited by law.

CHARGES. You agree to pay and herby authorize us to charge your account(s) for the charges or transaction fees which are charged by us for these services or for services which may later be offered as such fees or charges may be imposed and changed from time to time. Our current fees are set forth on a separate Fee Schedule. You acknowledge receipt of the Fee Schedule.