VIRTUAL BRANCH SERVICES TERMS AND CONDITIONS
The following terms and conditions govern the manner in which Heartland Community Credit Union (hereafter Credit Union, HCCU, We or Our) will provide Virtual Branch Services to You. You must first get approval and an initial PIN code by applying at Heartland Community Credit Union. Upon receiving Our approval, You may use your personal computer to establish your permanent PIN code and access your accounts at Heartland Community 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 your computer. We will not be responsible for any errors or failures involving any telephone service, internet provider or your computer, nor for any adverse consequence whatsoever of your connection to or use of the internet.
Our Customer Service Information
Our Member Service is available at 816-363-2223 during the following hours: 9:00 a.m. to 5:30 p.m. weekdays and 9:00 a.m. to 11:30 a.m. on Saturdays. Mail may also be addressed to Heartland Community Credit Union, 406A East Bannister Road, Kansas City, MO 64131.
You authorize Us to utilize CUBICS to provide the Services to You on Our behalf. CUBICS is available 24 hours a day, 7 days a week. We reserve the right to refuse to make any transfer.
Transfer and Communication Services
You may use the Virtual Branch Services to:
- Transfer funds between Your share draft and share account (and vice versa).
- Transfer funds from Your share draft or share account to make payments on HCCU loans.
- Make loan advances from line of credit to Your share draft or share account provided Your credit review date has not expired and credit is available.
- Obtain balance information on all Your accounts.
- Obtain account histories on all Your accounts (excluding Visa).
- Download Your account history and print it or upload it to Microsoft Money or Intuit Quicken.
- Read, send or reply to messages to/from HCCU using the Virtual Branch Message Center.
You may make funds transfers to your HCCU accounts as often as you like. However, transfers from your (savings accounts, money market accounts, etc.) will be limited to a total of six (6) per month. The availability of funds for transfer, withdrawal or payment may be limited as provided in our Funds Availability Policy which has already been provided to you.
Under no circumstances will We be liable if We are unable to complete any payment and/or transfers initiated in a timely manner via the Services because of the existence of any one or more of the following circumstances:
- You do no obtain a Confirmation at the time You initiate a transfer or you do not authorize a transfer soon enough for your transfer to be received by transfer.
- The designated Account does not contain sufficient funds to complete the transfer, or the funds in your account are subject to an administrative hold, legal process or other claim.
- You have closed the designated Account.
- The Services, Your equipment, the software, or any communications link is not working properly and You know or have been advised by Us about the malfunction before You execute the transaction.
- You have not provided Us with the correct information for Accounts to which You wish to make a transfer.
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference form an outside source) prevent the proper execution of the transaction.
- If you used the wrong password or you have not properly followed any applicable computer or our user instructions for making transfer transactions.
WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE/BROCHURE RELATED TO THE SERVICES. WE SHALL NOT BE RESONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE OR THE SERVICES, EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD.
Except for those transfers which are completed immediately, You may cancel or modify a transfer up to 5:00 p.m. Central Standard Time (CST) (the same Business Day) You schedule the transfer.
All transfers made via the Services will be listed on Your Account statements (Statement) that you receive from Us.
We may, from time to time, introduce new services or enhance the existing Services. We shall notify You of the existence of these new or enhanced services. By using these services when they become available, You agree to be bound by the obligations concerning these services, which will either be sent to You or posted at the Service site.
You agree that You will not give your Services password (Password) or make it available to any other person. If You believe that Your Password has been lost or stolen, or that someone has made transfers using Your Password without Your permission, notify Us IMMEDIATELY by phone any time during business hours or after business hours by email through the Virtual Branch or at email@example.com.
Because of the security system We use to provide the Services, should a user attempt to access a secure area more than six times using an invalid PIN code, We reserve the right to lock the user out of the secure areas of the Services. We also reserve the right to change the security procedures from time to time with or without notice.
Your Liability for Unauthorized Payments
If you believe that your Password has been lost or stolen, notify Us IMMEDIATELY in order to keep your possible losses down. Telephoning at the number listed above is the best way to contact us. You could lose all the money in your account (plus your maximum overdraft line of credit). If you notify Us within two (2) Business Days after You learn of the loss or theft, your maximum liability is $50.00. If you do NOT notify Us within two (2) Business Days after You learn of the loss or theft of your Security Code, and We could have prevented someone from using Your Security Code if You had told Us in time, Your maximum liability is $500.00.
If your Statement contains transfers that You did not make, notify Us IMMEDIATELY. If You do not notify Us within sixty (60) days after the Statement was mailed to You, You may not get back any of the money You lost after the sixty (60) days if We could have stopped someone from taking the money if You had told Us in time. If a good reason (such as a hospital stay or a long trip) prevented You from telling Us, We will, extend the time. Telephoning is the best way of keeping your possible losses down.
Errors and Questions
Contact Us as soon as possible at either the address or telephone number described above if You think that a transfer listed on Your statement is in error or if You need more information about a transfer listed on the Statement. We must hear from You no later than sixty (60) days after You received the first Statement on which the problem or error appeared.
When You call or write Us, You must:
- Tell Your name as it appears on your account plus your member number.
- Describe the transfer You are unsure about (Account information, transaction date, transaction amount) and explain as clearly as You can why You believed it is an error or need more information. If possible, please provide Us with the Confirmation Number for such transaction.
- Tell Us the dollar amount of the suspected error.
If You tell Us orally, We will require that You send Your complaint in writing with your signature within ten (10) Business Days. Normally, We will tell You the result of Our investigation within ten (10) Business Days after We receive Your complaint and will correct any Services error promptly. If We need more time, however, We may take up to forty-five (45) days to investigate the complaint or question. If We decide to do this, We will provisionally recredit Your Account within ten (10) Business Days after we hear from you, for the amount You think is in error in order that You may have the use of the money during the time it takes to complete Our investigation. For errors involving new accounts, we may take up to twenty (20) Business Days to credit Your account for the amount You think is in error. If We ask You to put Your question or complaint in writing and We do not receive it within ten (10) Business Days, We may not recredit Your Account.
If We decide that there was no error, We will mail to You a written explanation within three (3) Business Days after We have completed the investigation, and within ten (10) Business days of the date of such explanation, We will debit Your account of the amount previously recredited to You for use during the time We took to complete Our investigation. For errors involving new accounts, point of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to credit Your account for the amount You think is in error. If We ask You to put Your question or complaint in writing and We do not receive it within ten (10) Business Days, We may not recredit Your Account. You may ask for copies of documents used during Our investigation.
Disclosure of Account Information to Third Parties
We will only disclose information to third parties about Your Accounts:
- When it is necessary for completing transfers;
- In order to verify the existence and condition of your account for a third party, such as credit bureau or merchant;
- In order to comply with a government agency or court order, or
- If You give us Your written permission.
You will be charged a monthly fee of $0.00 for virtual branch/home banking; plus any applicable sales and use taxes. You may pay all Service charges from a designated Account. In the event of Your failure to timely pay Us, You authorize Us to effect automatic payment from one of Your Accounts by electronic, paper or other draft means.
In the event We are unable to process a Service transaction, (if for example, there are insufficient funds in Your designated Accounts) the transaction will result in a 'Failed Payment/Transfer'. In such event, We will charge the total cost
of the transaction, including any service charges, to You. In the event of repetitive Failed Payment/Transfer, We reserve the right to suspend or terminate Your rights to use the services. This suspension may be without prior notice to You but We will notify You by mail at Your listed address. If Your rights to use the Services are suspended or terminated, transactions which were previously initiated may still continue to be processed unless canceled and confirmation of such cancellation in provided as specified below. With respect to any Failed Transfer, You agree to reimburse Us within fourteen (14) days after notice is sent to You, for any funds We have already transferred to one or more of Your designated payees which We were unable to recover by debit to the merchant or charge to You.
There is no fee charged for electronic fund transfers or for the right to make them in connection with the Virtual Branch program.
Additional Terms and Conditions
- In addition to the foregoing, you agree to the bound by and comply with the requirements of the membership booklet, and applicable state and federal laws and regulations. We agree to be bound by them too.
- We reserve the right to terminate Your use of the Services, in whole or in part, at any time without prior notice.
- You may cancel Your use of the Services upon thirty (30) days prior notice to the Credit Union. You will be responsible for all payments and/or transfers You have requested prior to termination and for all other charges, fees, and taxes incurred. BE SURE TO CANCEL ALL OUTSTANDING TRANSFER ORDERS WITHIN THE 30 DAY NOTIFICATION PERIOD. WE WILL NOT BE LIABLE FOR TRANSFERS NOT CANCELLED OR MADE DUE TO YOUR ACTIONS RELATED TO SERVICE TERMINATION.
- These Terms and Conditions, the Membership Booklet and applicable Services fees and charges may only be altered or amended by Us. In such events, We shall send notice to You at your listed address or transmit notice of the alteration or amendment over the Services. Your use of the Services following receipt of such notice constitutes acceptance of such alternations or amendments.
- In the event of a dispute regarding the Services, You and we agree to resolve the dispute by looking to these Terms and Conditions. These Terms and Conditions shall supersede any and all other representations made by You or Our employees.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Missouri.
- Business Days are Monday through Friday excluding normal banking holidays.
Except as set forth in this Agreement, or in any later agreement concerning our Web Banking, your membership agreement and disclosures for accounts previously provided to you (including the Electronic Fund Transfer Disclosure Regulation E) will govern all transactions with respect to the Services described above. All funds transferred from a loan account will be subject to the applicable loan agreement and secured by any security agreement for accessing your loan proceeds.
I hereby acknowledge that I have received the Heartland Community Credit Union Membership Booklet.