Terms & Conditions

AGREEMENT AND DISCLOSURE

This Home Banking Agreement and Disclosure ("Agreement") is the contract, which covers your and our rights and responsibilities concerning the Home Banking services offered to you by U.P. State Credit Union ("U.P. State"). The Home Banking service permits you to electronically initiate account transactions involving your accounts and communicate with the U.P. State Credit Union. In this Agreement, the words "you", "your" and "yours" mean those who request and use Home Banking, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we," "us," and "our" mean the Financial Institution. The word "account" means any one or more accounts you have with U.P. State Credit Union. By requesting and using the Home Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.

HOME BANKING SERVICE

Account Access. You may use your personal computer to access your accounts. You must use your security code along with your logon ID to access your accounts. The Home Banking service is accessible seven (7) days a week, twenty-four (24) hours a day through the U.P. State Credit Union. You will need a personal computer and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of any software and your computer. The U.P. State Credit Union will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.

Types of Transactions. At the present time, you may use the Personal Branch service to:

Transfer funds between your checking, savings and loan accounts.
Transfer funds to accounts of other members you authorize for any of your accounts.
Review account balance, transaction history and tax information for any of your checking, savings or loan accounts.
Download your account information to financial management software programs, if applicable.
Conduct other transactions permitted by the U.P. State Credit Union.
Communicate with the U.P. State Credit Union using the electronic mail ("E-mail") feature.

Transactions involving your deposit accounts, including checking account stop payment requests, will be subject to the terms of your account agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.

Service Limitations. The following limitations on Home Banking transactions may apply in using the services listed above:

Transfers: You may make funds transfers to other accounts of yours as often as you like. You may transfer or withdraw up to the available balance in your account except as limited under this Agreement or your deposit or loan agreements. The U.P. State Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
Account Information: The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
E-Mail: The U.P. State Credit Union may not immediately receive E-mail communications that you send and the U.P. State Credit Union will not take action based on E-mail requests until the U.P. State Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the U.P. State Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the U.P. State Credit Union at 1-800-562-4833.

Security of Access Code. The Logon ID and Security code (“access code”) is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying the U.P. State Credit Union. If you fail to maintain the security of these access codes and the U.P. State Credit Union suffers a loss, we may terminate your Home Banking services immediately.

Liability for Unauthorized Access. If your statement shows Home Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the current monthly statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time.

If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, call the U.P. State Credit Union at: 1-800-562-4833 or write the U.P. State Credit Union at:

   U.P. State Credit Union
   2501 1st Ave. North
   Escanaba, MI 49829

Business Days. Our business days are Monday through Friday, 8:00 a.m. to 5:00 p.m. EST. Holidays are not included.

Fees and Charges. There maybe certain charges for Home Banking services as set forth on the U.P. State Credit Union's Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your account, such transactions may be subject to charges under the terms and conditions of your loan agreement.

Periodic Statements. Transfers and withdrawals transacted through Home Banking will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

Account Information Disclosure. We will disclose information to third parties about your account or the transfers you make:

As necessary to complete transfers;
To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;
To comply with government agency or court orders;
If you give us your written permission.

Termination of Personal Branch Services. You agree that we may terminate this Agreement and your use of the Home Banking services if you or any authorized user of your account or access code breaches this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account or access code.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Notices. The U.P. State Credit Union reserves the right to change the terms and conditions upon which this service is offered. The U.P. State Credit Union will mail notice to you at least thirty (30) days before the effective date of any change, as required by law. Use of the Home Banking service is subject to existing regulations governing your accounts and any future changes to those regulations.

Billing Errors. In case of errors or questions about your Home Banking transactions, telephone us at the phone number or write to us at the address set forth above in the Liability for Unauthorized Access section as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. Tell us your name and account number. Describe 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 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 after we hear from you and we 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 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 funds 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.

We will tell you the results within three (3) 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.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we 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 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 funds 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.

Enforcement. You agree to be liable to the U.P. State Credit Union for any liability, loss, or expense as provided in this Agreement that the U.P. State Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the U.P. State Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

If you feel that we have violated the Michigan Electronic Funds Transfer Act you may notify: Department of Consumer and Industry Services, Financial Institutions Bureau, Credit Union Division, Box 30224, Lansing, MI 48909 or, National Credit Union Administration, Division of Supervision at 4225 Naperville Road, Suite 125, Lisle Illinois 60532.

Governing Law. This Agreement shall be governed by and constructed in accordance with all applicable federal laws and all applicable substantive laws of the State of Michigan where you opened your account, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may modified by agreement between us.