NW PRIORITY CREDIT UNIONVIRTUAL BRANCH AGREEMENT & DISCLOSURES
- Introduction. This Agreement is the contract which covers your and our rights and responsibilities concerning Virtual Branch online banking services (“Virtual Branch”) offered to you by NW Priority Credit Union (“Credit Union”). In this Agreement, the words “you” and “yours” mean those who submit a Virtual Branch authorization form and any authorized users. The word “account” means any one or more share accounts you have with the Credit Union. By signing or submitting an online authorization for the Virtual Branch service, you agree to the following terms governing your and our rights and responsibilities concerning the Virtual Branch electronic funds transfer services. Electronic funds transfers (“EFTs”) are electronically initiated transactions through Virtual Branch and Bill Payer transactions involving your deposit accounts.
- Virtual Branch Services. Upon approval, you may use your personal computer to access your accounts. You must use your member number along with your security code to access your accounts. The Virtual Branch service is accessible seven (7) days a week, 24 hours a day. However, from time to time, some or all of the Credit Union’s Virtual Branch services may not be available due to system maintenance. You will need a personal computer and a web browser. The Online address for the Virtual Branch service is www.nwprioritycu.org. You are responsible for the installation, maintenance and operation of your computer and modem. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At the present time, you may use the Virtual Branch service to:
- Transfer funds between your Savings, Checking and personal line of credit accounts
- Transfer funds from your Checking and Savings account to a loan account
- Review account balance, and transaction history for Checking, Savings, Certificate, IRA and loan accounts
- Request a withdrawal from any Savings, Checking, or loan account by check mailed to you
- View check copies and reorder checks
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.
- Virtual Branch Service Limitations. The following limitations on Virtual Branch transactions may apply:
- Transfers. You may make funds transfers to your other accounts as often as you like. However, transfers from your savings or money market accounts will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The 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. All checks are payable to you as a primary member and will be mailed to your postal address of record. The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits.
- 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 any ATM deposit transactions and our Funds Availability Policy.
- E-Mail. You may use the e-mail to send messages to us. E-mail may not, however, be used to initiate a transfer on your account or a stop payment request. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 5.
- Security of Access Code.
- Initial Access. After you have successfully completed and submitted the Virtual Branch registration form, you will be contacted by a representative from the Credit Union to initiate your use of the services. To log on to our Virtual Branch Service for the initial sign on, you must use your access code or Personal Identification Number (PIN). After you have successfully accessed the Virtual Branch Service, you will then select a specific, personal password to access the Virtual Branch Service for future access to the system. After your initial sign-on, you may change your PIN at any time by selecting the appropriate function within the Virtual Branch Service.
- Security. The personal identification number or access code (“access code”) that you select 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 by you to sign on your accounts. If you authorize anyone to have or use your access code, you understand that person may use the Virtual Branch service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access code and you agree that the use of your access code will have the same effect as your signature authorizing transactions.
- Authorization. If you authorize anyone to use your access code in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your access code immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access code is changed. If you fail to maintain or change the security of these access codes and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
- Member Liability. You are responsible for all transfers you authorize using the Virtual Branch services under this Agreement. If you permit other persons to use your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your access code and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Virtual Branch transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or access code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows Virtual Branch transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized EFT transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods.
If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission:
Call (800) 331-0968 or 503-760-5304, send us an email at firstname.lastname@example.org, or write to us at: NW Priority Credit Union, PO Box 16640, Portland, OR 97292-0640.
- Business Days. Our business days are Monday through Saturday. Holidays are not included.
- Fees and Charges. There no charges for the Virtual Branch services at this time. From time to time, the charges may be changed. We will notify you of any changes as required by law.
- Transaction Documentation. Transfers and withdrawals transacted through Virtual Branch will be recorded on your periodic statement by mail or electronically if you have requested an electronic statement. You will receive a statement monthly. You may request that your statement be provided electronically.
- As necessary to complete transfers;
- To verify the existence of sufficient funds to cover specific transactions upon the authorization request of a third party merchant;
- To comply with government agency or court orders;
- If you give us your express permission.
- Limitation of Liability for Virtual Branch Services. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, property damage or loss, whether caused by the equipment, software, Credit Union, or by online browser providers service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Virtual Branch services or Online browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Virtual Branch Services and may have referred to such communication as Asecured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The Credit Union will not be liable for the following:
- If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.
- If you used the wrong access code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and transactions.
- If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have been apparent when you attempted such transaction.
- If circumstances beyond your control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal process or other claim.
- If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.
- If the error was caused by a system beyond the Credit Union’s control such as a telecommunications system, an online service provider, any computer virus or problems related to software not provided by Credit Union.
- If there are other exceptions as established by the Credit Union.
- Termination of Virtual Branch Services. You agree that we may terminate this Agreement and your Virtual Branch services, if you, or any authorized user of your Virtual Branch services or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your Accounts or access code or if you conduct or attempt to conduct any fraudulent, illegal or unlawful transaction, or if we reasonably believe your account conduct poses an undue risk of illegality or unlawfulness. 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. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
- Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you at least twenty-one (21) days before the effective date of any change, as required by law. This means we will mail you notice or if you have consented to electronic disclosures, we will send it to the e-mail address you have designated. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
- Statement Errors. In case of errors or questions about your Virtual Branch transactions, contact us by: telephone at the phone numbers; send us an e-mail; or write us at the address set forth in Section 5, 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.
- 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.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States). 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 ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not recredit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members’ rights to privacy) relied upon to conclude that the error did not occur.
- Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Oregon as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. 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 Oregon 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. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.