Terms & Conditions

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PowerNet Credit Union Home Banking Agreement

In this Agreement, the words "you" and "your" mean each person who signs the application for this Agreement. The words "we", "us" and "our" mean PowerNet Credit Union. The words “home banking system” includes any and all online account services, including Power Pay, PowerNet’s online bill pay service. The word "SECURITY CODE" means the security code you select. You will be responsible for protecting the confidentiality of your SECURITY CODE. You agree that any person you provide the SECURITY CODE shall be considered an authorized user and you will be responsible jointly and separately with the authorized user for any and all transactions. The word "Account" means those accounts with us which you may access by use of your SECURITY CODE and the Home Banking system. The PowerNet Credit Union Home Banking system is an electronically automated on-line service that may be accessed by a telephonic device or on-line computer through which, when used in conjunction with a SECURITY CODE, an electronic fund transfer may be initiated. The word "on-line Service Provider" means the Credit Union's website, your direct computer address, your internet service provider or other similar providers as may be offered in the future. A "business day" is a day the main office is open for business.
EACH PERSON (ACCOUNT HOLDER) REGISTERING FOR POWERNET HOME BANKING AND EACH PERSON YOU GIVE THE SECURITY CODE CAN ACCESS ANY OF THE DESIGNATED ACCOUNT(S) AND OTHERWISE USE PowerNet Credit Union.
You will be responsible for all unauthorized transfers made from your Account by use of your SECURITY CODE with the PowerNet Credit Union Home Banking system, subject to the limitations contained in applicable Federal Law. Those limitations of your liability for unauthorized transfers are summarized in the disclosures accompanying this Agreement.
You will tell us at once if you believe your SECURITY CODE has been lost, stolen, discovered, used, obtained by some unauthorized person or the PowerNet Credit Union Home Banking system has been compromised in any way. The fastest way to notify us is to telephone us at (813) 621-6454. You understand we may suspend your access to the PowerNet Credit Union Home Banking system until such problems are corrected.
We may terminate or cancel your use of the PowerNet Credit Union Home Banking system at any time at our sole discretion and without notice to you. We may give you notice of termination or cancellation, but we are not obligated to do so. Your SECURITY CODE may not be used with the PowerNet Credit Union Home Banking system after we terminate or cancel, and you will discontinue its use immediately. You may terminate or cancel the use of the PowerNet Credit Union Home Banking system by giving a written notice to us at our main office. Your written notice of termination or cancellation will become effective not later than the end of the first business day following our actual receipt of your notice. The termination or cancellation of the use of your SECURITY CODE with the PowerNet Credit Union Home Banking system will not affect the liability incurred by you prior to termination or cancellation .
PowerNet Credit Union Home Banking system requests will be processed within a reasonable time, generally within the same business day. When using our current PowerNet Credit Union Home Banking system, your transactions will not be "live" i.e. your communication may be reviewed by us later
You must keep your share account with us open in order for you to use the PowerNet Credit Union Home Banking system.
Except as changed by this Agreement, transactions initiated by the use of your SECURITY CODE with the PowerNet Credit Union Home Banking system are subject to the rules and agreements covering your Accounts with us, and this Agreement is made part of and supplemental to those rules and agreements.
You will pay any charges, as set out by our schedule of fees, as amended from time to time, that may be approved by our Board of Directors for your use of PowerNet Credit Union Home Banking system. All approved charges may, at our option, be charged against any Account which may be accessed by you.
In order to process your request you agree we may request and you must meet our security requirements to identify authorized users.
You understand that your SECURITY CODE when used with the PowerNet Credit Union Home Banking system may be used to, among other things, transfer funds between certain Accounts, withdraw funds from certain Accounts, make advances under certain Accounts and make payments to certain Accounts.
Your SECURITY CODE will be used only for the type of transactions and to have access to only those Accounts that we have approved in advance. If through some error the use of your SECURITY CODE with the PowerNet Credit Union Home Banking system permits you to withdraw funds from an account that you should not be allowed to use, we may charge the amount involved to an Account that you can use.
Your SECURITY CODE may not be used to overdraw any Account except for those accounts for which you have established overdraft protection. Such overdraft protection, if any, will be governed by the terms of those accounts.
We have no obligation to monitor how your SECURITY CODE is used or to notify you if we notice any unusual activity with regards to any of your Accounts which may be accessed by use of your SECURITY CODE. We have no obligation to monitor how you use the PowerNet Credit Union Home Banking system or to notify you if we notice any unusual activity with regards to any of your Accounts which may be accessed by use of PowerNet Credit Union Home Banking system. You agree obtaining internet service is entirely your responsibility. You agree providing a computer to use the system is entirely your responsibility. You agree you are responsible for all charges assessed by communications companies, local and long-distance telephone companies, on-line service providers or other related companies.
You agree we accept no responsibility for equipment failure or damage, computer viruses, or software damage which may occur as a result of your use of the PowerNet Credit Union Home Banking system. Even though we believe that the PowerNet Credit Union Home Banking system will prove to be reliable, the system may not operate properly at all times. We, therefore, do not promise that the PowerNet Credit Union Home Banking system will always be available for your use. You will not attempt to make a transfer when the system tells you or other circumstances give you reason to believe that the system is closed or is not operating properly due to a technical malfunction or is otherwise unable to initiate the transaction you desire. You agree we assume no liability due to your inability to access the PowerNet Credit Union Home Banking system for any reason, including but not limited to, communication problems or interruption or equipment failure.
Except as provided herein, in no event shall we have any liability to you or any third party for any damages, including but not limited to indirect, special or consequential damages, resulting from or arising out of this Agreement. Furthermore, you agree to indemnify and hold us, our officers, employees, agents and assigns harmless against any third party claim, demand, suit, action or other proceeding related to this Agreement.
This Agreement may be changed from time to time. Notice of any such change, unless otherwise required by applicable law, will be sent electronically. Changes will be effective when sent.
We can delay enforcing any or our rights under this Agreement without losing them. The fact that we do not enforce our rights in one instance does not mean that we will not do so in another instance.
This Agreement and all transactions under this Agreement will be governed by Florida law and applicable Federal law.
You hereby acknowledge receipt of a copy of this Agreement and the disclosures on the back of this Agreement and agree to all of the terms set forth therein.

REGULATION E DISCLOSURE STATEMENT

YOUR ACCESS DEVICE AND ELECTRONIC FUND TRANSFERS

YOU CANNOT USE THE POWERNET CREDIT UNION Home Banking system TO TRANSFER MONEY INTO OR OUT OF YOUR ACCOUNT UNTIL WE HAVE VALIDATED ITS USE.

To validate the system, you must obtain a security code (SECURITY CODE) and be authorized by PowerNet Credit Union. When the SECURITY CODE is obtained, the system will then be validated and may be used through any on-line Computer.

ACCOUNT ACCESS: Your SECURITY CODE may be used with any on-line Computer to allow you to initiate any of the following transactions, provided the accounts have been authorized for use. You may make:

Transfer from Share to Share Draft
Transfer from Share Draft to Share
Transfer from Share to Loan
Inquiry of all designated accounts
Advance from Loan to Share
Advance from Loan to Share Draft
Transfer from Share Draft to Loan
Transaction history of all accounts

LIMITATION ON FREQUENCY OF TRANSFERS: For security and regulatory reasons, there are limits on the number of transfers you can make using our system.

LIMITATION ON DOLLAR AMOUNTS OF TRANSFERS: For security reasons, there are limits on the dollar amount of transfers you can make using our system.

BUSINESS DAYS: Our business days are Monday through Friday. Holidays are not included. Of course, the PowerNet Credit Union Home Banking system is open at times other than the business days of our credit union.

SUMMARY OF YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS: Tell us AT ONCE if you believe your SECURITY CODE has (have) been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts(s) (plus your maximum overdraft line of credit and open end credit). If you tell us within 2 business days, you can lose no more than $50.00 if someone used your SECURITY CODE without your permission. If you believe your SECURITY CODE has (have) 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 SECURITY CODE without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your SECURITY CODE, and we can prove we could have stopped someone from using your SECURITY CODE 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. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your SECURITY CODE has (have) been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (813) 621-6454 or write to us at PowerNet Credit Union, 5619 Harney Road, Tampa, FL 33610.

SERVICE CHARGES: Access to the PowerNet Credit Union Home Banking system will be charged as set forth in our schedule of fees. Additionally, each account affected by the transaction use of the PowerNet Credit Union Home Banking system will be subject to the regular service charge imposed for that specified account. Additionally, if you have an existing overdraft credit line or open end loan account attached to your checking account, any overdrafts shall be subject to FINANCE CHARGES in accordance with the terms of the applicable agreement.

SUMMARY OF YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS: You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get the statement at least quarterly.

RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO Your initiation of PowerNet Credit Union Home Banking transactions will, except as otherwise provided in our Home Banking Agreement, will effectively eliminate your ability to stop payment of the transaction. UNLESS OTHERWISE PROVIDED, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

SUMMARY OF CREDIT UNION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS: If we do not complete a transfer to or from your account on time or in correct amount according to our agreement with you, we will be liable for your losses for damages as required by Federal law. However, there are some exceptions. We will not be liable for, for instance:

If through no fault of ours, you do not have enough money in your account to make the transfer;
If the transfer would go over the credit limit on a loan;
If the system was not working properly, and you knew about the breakdown when you started the transfer;
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
If the funds in your account are subject to a court order or other restriction preventing the transfer; and
There may be other exceptions stated in our agreement with you.
Transactions performed after the normal businesses hours will be credited the next business day.

CIRCUMSTANCES UNDER WHICH WE WILL DISCLOSE ACCOUNT INFORMATION TO THIRD PARTIES: The Credit Union 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.

SUMMARY OF OUR ERROR RESOLUTION PROCEDURE IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS: In Case Of Errors Or Questions About Your Electronic Transfers, telephone us at (813) 621-6454 or write us at PowerNet Credit Union, 5619 Harney Road, Tampa, FL 33610, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 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. Your inquiry must include:

Your name and account number;
Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information;
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 ten (10) business days. 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 recredit 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 ask you to put your complaint or question in writing and we do not receive it within ten (10) days, we may not recredit your account. If we decide 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 the documents that we used in our investigation.

PowerNet Mobile Deposit

User Agreement and Disclosure Statements

Services. The mobile check deposit services (“Services”) are designed to allow you to make deposits to your checking accounts from your smartphone by taking a picture of the check(s) and delivering the images and associated deposit information to us or our designated processor. There is currently no charge for the Services.
Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, we reserve the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Limitations of Service. The maximum amount you may deposit on any one day is $9999.99. This limit amount is subject to change. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. If we reject your deposit, you agree not to hold us responsible or liable for overdrafts or charges incurred due to rejection of deposit. It is at our sole discretion to reject any deposit.
Ineligible items. You agree that you will not use the Services to deposit any checks or other items as shown below:
1. Checks or items payable to any person or entity other than you.
2. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
3. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
4. Checks or items previously converted to a substitute check, as defined in Reg CC.
5. Checks or items drawn on a financial institution located outside the United States.
6. Checks or items that are remotely created checks, as defined in Reg CC.
7. Checks or items not payable in United States currency.
8. Checks or items dated more than 6 months prior to the date of deposit.
9. Traveler checks or Insurance drafts.
10. Checks or items that are stale dated or postdated.
11. Checks or items prohibited by our current procedures relating to the Services or which are otherwise not acceptable under the terms of your account.
Image Quality. The image of an item transmitted using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You understand that the imaged check transmitted to POWERNET CREDIT UNION must accurately and legibly provide, among other things, the following information: 1) The information identifying the drawer and the paying bank that is preprinted on the check including complete and accurate MICR information and the signature(s). 2) Other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check.
Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services with the following: 1)'For mobile deposit @ PNCU', 2) along with proper endorsement(s), or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. Failure to provide the above mentioned requirements will result in rejection of your deposit.
Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete. Should we reject a deposit, we will notify you via the online banking mail service. Deposits received before 3:30 pm EST on a business day, and approved, will post to your account on the same day. Exceptions may apply during holidays and/or special and emergency closings. Deposits received after 3:30 pm EST will process on the next business day. Business days are Monday through Friday, excluding Federal holidays and POWERNET CREDIT UNION holidays.
Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after we receive payment for the funds submitted. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.
Disposal of Transmitted Items. Upon your receipt of a confirmation that we have received the image of an item, you agree to securely store the item for 30 days. Immediately after 30 days you will mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. We are not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Errors. You agree to notify us of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim for such alleged error.
Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion subject to the Membership & Account Agreement and Disclosures governing your account.
Return Items. If any item deposited through the service is dishonored, rejected or otherwise returned unpaid, for any reason, including issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check, plus fees, and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You shall not attempt to negotiate an item if it has been charged back to you.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF XXXXX CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
User warranties and indemnification. You warrant that:
1. You will only transmit eligible items.
2. Images will meet the image quality standards.
3. You will not transmit duplicate items.
4. You will not deposit or represent the original item.
5. All information you provide to the Credit Union is accurate and true.
6. You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold us harmless from any loss for breach of this warranty provision. You acknowledge and agree to indemnify and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising, directly or indirectly, from your use of the services. This paragraph shall survive the termination of this Agreement.

December 2015