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CREDIT UNION ONLINE BANKING AGREEMENT AND
DISCLOSURE
This Online Credit Union Agreement and Disclosure ("Agreement")
describes your rights and obligations as a user of the online
credit union service known as Home Financial Services or the Bill
Payment service ("Services"). It also describes the rights and
obligations of the Milford Federal Credit Union ("Credit
Union").
Please read this Agreement carefully.
By requesting and using one of these Services, you agree to
comply with the terms and conditions of this Agreement.
- Definitions
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person
with authority (with respect to the account);
- "Bill Payment" is the online service that
enables the scheduling of bill payments using a personal
computer;
- "ISP" refers to your Internet Service
Provider;
- "Online Banking" is the internet-based service
providing access to your Credit Union account(s);
- "Online Account" means the Milford Federal
Credit Union account from which you will be conducting transactions
using a Service;
- "Password" is the customer-generated code
selected by you for use during the initial sign-on, or the codes
you select after the initial sign-on, that establishes your
connection to the Service;
- "PC" means your personal computer which
enables you, with the Internet browser and ISP, to access your
Online Account;
- "Time of day" references are to Eastern
Standard Time;
- "User ID" is the Credit Union-generated
identification code assigned to you for your connection to the
Service;
- "We", "us", or
"Credit Union" refer to the Milford Federal Credit
Union which offers the Services and which holds the accounts
accessed by the Services; and
- "You" or "your" refers to the
owner of the account or the authorized representative.
- Access to Services
Instructions on how to use the Online Banking can be found under
the help section of the Online Banking software once you have
logged in and accepted the Internet Banking Disclosure.
Instructions on how to use the Bill Payer Services can be found
after enrollment by clicking the “Bill Pay” button once you have
logged into the Online banking service. You will gain access to
your Online Accounts through the use of your Internet-enabled
device, your ISP, your password/PIN and your User ID. You may
access your Online Accounts 24 hours a day, seven (7) days a week.
However, availability of the Services may be suspended for brief
periods of time for purposes of maintenance, updating and revising
the software.
For purposes of transactions, the Credit Union's business days are
[Monday through Friday], excluding holidays and weekends. All
Online Banking transaction requests received after 4:00 P.M. on
business days and all transactions which are requested on
Saturdays, Sundays, or holidays on which the Credit Union chooses
to remain closed, will be processed on the Credit Union's next
business day. The Credit Union's business day begins at 9:30
a.m.
- Credit Union Transactions with Online Banking
- Account Access. You may access any personal
account online as long as the desired account is set up for Online
Banking. You will be able to view all of your accounts within a
given Primary Account but will only be able to execute transactions
on those accounts the credit union authorizes.
- Transfer of Funds. In addition to viewing
account information, you may use Online Banking to conduct the
transfer of funds. You may make one-time transfers and cross
account transfers between accounts. You may transfer funds among
your checking accounts, savings accounts and money market
accounts.
NOTE: Because regulations require the Credit Union
to limit preauthorized transfers (including Online Credit Union
transfers), the following limitations apply:
- Statement and Money Market Savings account. You can make no
more than [six (6)] transfers per statement period by preauthorized
or automatic transfer or by telephone or Online Banking.
- Additional Services. New services may be
introduced for Online Credit Union from time to time. The Credit
Union will notify you of the existence of these new services. By
using these services when they become available, you agree to be
bound by the rules that will be made available to you concerning
these services.
- Schedule of Fees
The Credit Union offers the benefits and convenience of the Online
Banking Service to you free.
The Credit Union offers the benefits and convenience of the Bill
Payment Service to you free.
- Use of Your Security Password
You are responsible for keeping your password and Online Account
information confidential. In order to protect yourself against
fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User
ID;
- Do not leave your PC unattended while you are in the Credit
Union's Online Banking Site;
- Never leave your account information within range of others;
and
- Do not send privileged account information (account number,
Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen, or if you
suspect any fraudulent activity on your account, call the Credit
Union immediately at 203-877-0080 between the hours of 9:30 a.m. to
4:00 p.m., Monday through Wednesday, 9:30 a.m. to 7:00 p.m.,
Thursday, and 9:30 a.m. to 3 p.m., Friday. Telephoning the Credit
Union is the best way of minimizing your losses and liability.
(See; Section IX)
If you believe your Password has been lost or stolen, please use
the Password change feature within the Online Banking section of
the Web site to change your Password.
- Bill Payment Services
- SEE BILL PAYMENT AGREEMENT AND DISCLOSURE.
- Term and Termination
Term.
This Agreement will become effective on the Effective Date and
shall remain in full force and effect until termination in
accordance with the following provisions.
Termination
for Cause. We may immediately terminate your electronic
Online Banking privileges (including the Bill Payment Service)
without notice to you under the following circumstances:
- you do not pay any fee required by this Agreement when due
or
- you do not comply with the agreement governing your deposit or
loan accounts or your accounts are not maintained in good
standing.
We will promptly notify you if we terminate this Agreement or
your use of the Services for any other reason.
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- Termination for Convenience. To terminate this
Agreement, you must notify the Credit Union and provide your name,
address, the Service(s) you are discontinuing, and the termination
date of the Service(s). When Bill Payment is terminated, any
prescheduled bill payments made through Online Banking will also be
terminated. Your final charge, if applicable, for the Bill Payment
service will be assessed at the end of your statement cycle. You
may notify the Credit Union by the following method only:
By writing a letter and either sending it to the following address:
Milford Federal Credit Union 70 West River Street Milford, CT
06460 Attention: Electronic Services or giving it to a Member
Service Representative at the Credit Union.
Your account will be considered inactive if you have not logged
onto the Online Banking service within six consecutive months. If
your account is considered inactive, you must contact us to have
the Service activated before you will be able to schedule any
transaction through the Service.
- Electronic Fund Transfer Provisions For Consumers
Applicability.
These provisions are only applicable to online electronic fund
transfers which credit or debit a consumer's checking, savings or
other asset account and are subject to the Federal Reserve Board's
Regulation E (an "EFT"). When applicable, the Credit Union may rely
on any exceptions to these provisions which are contained in
Regulation E. All terms that are not defined in this Agreement but
which are defined in Regulation E shall have the same meaning when
used in this section.
Your
Liability. The following determines your liability for any
unauthorized EFT or any series of related unauthorized EFTs:
- If you notify the Credit Union within two (2) business days
after your password was lost or stolen, your liability will not
exceed $50.00 or the amount of the unauthorized EFTs that occur
before notification, whichever is less
- If you fail to notify the Credit Union within two (2) business
days after your password was lost or stolen, your liability will
not exceed the lesser of $500.00 or the total of:
- $50.00 or the amount of unauthorized EFTs that occur within the
two (2) business days; and
- the total of authorized EFTs which occur during the two (2)
days before notification to the Credit Union, provided the Credit
Union establishes that these EFTs would not have occurred had the
Bank been notified within that two-day period.
- You must report an unauthorized EFT which appears on your
periodic statement, no later than 60 days of transmittal of the
statement to avoid liability for subsequent transfers. Your
liability will not exceed the amount of the unauthorized EFTs that
occurred with the 60-day period. You may also be liable for the
amounts as described in sections 1 and 2 above.
- If the report is made orally, we will require that you send the
complaint or question in writing within 20 business days. We will
notify you with the results of the investigation within 10 business
days and will correct any error promptly. If more time is needed,
however, we may take up to 45 days to investigate a complaint or
question. If this occurs, we will credit your account within 10
business days for the amount you think is in error. This will allow
you to use the money during the time it takes us to complete our
investigation. If your complaint or question is not received in
writing within 10 business days, we may not credit your account
until the investigation is completed. If an alleged error involves
an electronic fund transfer outside a state or territory or
possession of the United States, the applicable time periods for
action by us are 20 business days (instead of 10) and 90 calendar
days (instead of 45). If we determine that no error occurred, we
will send you a written explanation within three business days
after the investigation are complete. You may request copies of the
documents that were used in the investigation.
- You may notify the Credit Union by telephone, writing, or email
provided on our web site. Notification by general e-mail to report
an unauthorized transaction is not secure and therefore not
advised.
- Telephone Numbers and Addresses. In case of
errors or questions regarding an Online Banking transaction, call
203-877-0080. In case of errors or questions regarding a Bill
Payment transaction, call 203-877-0080 or write us at: Attn:
Electronic Services Department, Milford Federal Credit Union 70
West River Street Milford, CT 06460.
We must hear from you at the telephone number or address, listed
above, no later than 60 days after we sent you the FIRST statement
on which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question and an
explanation concerning why you believe it is an error or need more
information
- The dollar amount of the suspected error and date on which it
occurred.
- Liability
Our
Liability. This section explains our liability to you only
to the extent that any other agreements, notices or disclosures
have not separately disclosed our liability. In no event shall we
be liable to you for failure to provide access to your Online
Banking or Bill Payment services accounts. Unless otherwise
required by applicable law, we are only responsible for performing
the Online Banking and Bill Payment services as delineated in this
Agreement. We will be liable for the amount of any material losses
or damages incurred by you and resulting directly from our gross
negligence.
We will not be liable to you in the following instances:
- If through no fault of the Credit Union, you do not have enough
money in your account to make the transfer.
- If circumstances beyond our control (such as fire, flood, power
outage, equipment or technical failure or breakdown) prevents the
transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your
account is blocked, in accordance with Credit Union and Online
Banking policy.
- If your funds are subject to a legal proceeding or other
encumbrance restricts the transfer.
- If your transfer authorization terminates by operation of
law.
- If you believe someone has accessed your accounts without your
permission and you fail to notify the Credit Union
immediately.
- If you have not properly followed the instructions on how to
make a transfer included in this Agreement.
- If we have received incomplete or inaccurate information from
you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that unauthorized
use of your Password or account has occurred or may be occurring or
if you default under this Agreement, the deposit account agreement,
a credit agreement or any other agreement with us, or if we or you
terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM OR ARISING OUT OF THIS AGREEMENT.
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- Indemnification. You agree to indemnify,
defend and hold us, our affiliate companies, directors, officers,
employees and agents harmless against any third party claim,
demand, suit, action or other proceeding and any expenses related
to an Online Banking or Bill Payment account.
- Third Parties. We are not liable for any loss
or liability resulting from any failure of your equipment or
software, or that of an internet browser provider such as Netscape
(Netscape Navigator browser) or Microsoft (Microsoft Explorer
browser), by an internet access provider, or by an online service
provider, nor will we be liable for any direct, indirect, special
or consequential damages resulting from your access to or failure
to access an Online Banking or Bill Payment account.
- Virus Protection. The Credit Union is not
responsible for any electronic virus or viruses that you may
encounter. We suggest that you routinely scan your PC using a virus
protection product. An undetected virus may corrupt and destroy
your programs, files, and your hardware.
- General Terms and Conditions
Credit
Union Agreements. In addition to this Agreement, you and
the Credit Union agree to be bound by and comply with the
requirements of the agreements applicable to each of your Online
Accounts. Your use of the Online Banking Service or the Bill
Payment Service is your acknowledgment that you have received these
agreements and intend to be bound by them.
Changes
and Modifications. The Credit Union may modify the terms
and conditions applicable to the Services from time to time. We may
send any notice to you via e-mail and you will have to be deemed to
have received it three days after it is sent. The revised terms and
conditions shall be effective at the earliest date allowed by
applicable law. We reserve the right to terminate this Agreement
and your use of the Services in whole or in part at any time
without prior notice.
Assignment.
We may assign this Agreement to an affiliate of the Credit Union or
any successor in interest in the event of a merger, reorganization,
change of control, acquisition or sale of all or substantially all
assets of the business to which this Agreement is related without
the other party's prior written consent.
Notices.
Unless otherwise required by applicable law, any notice or written
communication given pursuant to this Agreement may be sent to you
electronically.
Disclosure
of Information. We will only disclose information to third
parties about your account or transfers you make under the
following circumstances:
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- where it is necessary for the provision of Online Banking and
for completing transfers;
- in order to verify the existence and condition of your account
for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or other
reporting requirements;
- if you give us your permission;
- to the Credit Union affiliated companies.
- Governing Law. This Agreement is governed by
the laws of the State of Connecticut and applicable federal
law.
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