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1.
Introduction. This Agreement is the contract
which covers your and our rights and responsibilities concerning
Online Banking and Bill Payment services offered to you by
Fibre Federal Credit Union ("Credit Union"). In
this Agreement, the words "you" and "yours"
mean those who submit a paper or online authorization form
and any authorized users. The word "account" means
any one or more share accounts you have with the Credit Union.
By
submitting the authorization for the Online Banking service,
or by accepting or using the security code to make any Online
Banking transaction you agree to the following terms governing
your and our rights and responsibilities concerning online
electronic funds transfer services. Electronic funds transfers
("EFTs") are electronically initiated transactions
and bill payments through the Online Banking service involving
your deposit accounts.
2.
Online Banking Service. 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 Online Banking service is accessible
seven (7) days a week, 24 hours a day. However, from time
to time, some or all of the Online Banking services may not
be available due to system maintenance. You will need a personal
computer and a web browser (such as Netscape Navigator or
Microsoft Internet Explorer). The online address for the Online
Banking service is www.fibrecu.com. 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 Online Banking
service to:
Transfer funds between your deposit and loan accounts.
Review information such as account balance, transaction
history, maturity dates and tax information for your deposit
and certificate accounts.
Review information on your loan accounts including payoff
amounts, due dates, finance charges, interest rate, and
balance information and past statements of yours.
Make bill payments from your checking account using the
Bill Payment Service.
Download account information to Quicken or MS Money software
programs.
Communicate with the Credit Union using the electronic mail
(e-mail) feature.
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. The
Credit Union does not make any warranty, express or implied,
to you regarding the Quicken or Money software programs including
but not limited to any warranty of merchantability or fitness
for a particular purpose.
3.
Online Banking Service Limitations. The following
limitations on Online Banking transactions may apply:
a.
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. 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. The Credit Union may set other limits
on the amount of any transaction and you will be notified
of those limits.
b.
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.
c.
E-Mail. You may use the e-mail to send messages to
us. E-mail may not, however, be used to initiate a transfer
or stop payment order on your account. 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 6.
4.
Bill Payment Service. The following terms
and conditions govern the bill payment transactions initiated
using the Bill Payment Service ("Service").
a.
Service Definitions
"Payee"
is the person or entity to which you wish a bill payment
or e-mail payment to be directed or is the person or entity
from which you receive electronic bills, as the case may
be.
"Payment
Instruction" is the information provided by you to
the Credit Union for a bill payment to be made to the Payee
(such as, but not limited to, Payee name, Payee account
number, and Scheduled Payment Date).
"Payment
Account" is the checking account from which bill payments
or e-mail payments will be debited.
"Billing
Account" is the checking account from which all Service
fees will be automatically debited.
"Scheduled
Payment Date" is the day you want your Payee to receive
your bill payment and is also the day your Payment Account
will be debited, unless the Scheduled Payment Date falls
on a non-Business Day in which case it will be considered
to be the previous Business Day.
"Due
Date" is the date reflected on your Payee statement
for which the payment is due. It is not the late date or
grace period.
"Scheduled
Payment" is a payment that has been scheduled through
the Service but has not begun processing.
b.
Payment Scheduling. Transactions begin processing
four (4) Business Days prior to your Scheduled Payment Date.
Therefore, you will not be permitted to select a Scheduled
Payment Date less than four (4) Business Days from the current
date. When scheduling payments you must select a Scheduled
Payment Date that is no later than the actual Due Date reflected
on your Payee statement unless the Due Date falls on a non-Business
Day. If the actual Due Date falls on a non-Business Day,
you must select a Scheduled Payment Due Date that is at
least one (1) Business Day before the actual Due Date. Scheduled
Payment Dates should be prior to any late date or grace
period.
c.
Bill Payment Authorization and Payment Remittance.
By providing the Credit Union with names and account information
of Payees to whom you wish to direct payments, you authorize
the Credit Union to follow the Payment Instructions that
it receives through the payment system. In order to process
payments more efficiently and effectively, the Credit Union
may edit or alter payment data or data formats in accordance
with Payee directives.
When
the Credit Union receives a Payment Instruction, you authorize
the Credit Union and its processing agents to debit your
Payment Account and remit funds on your behalf so that the
funds arrive as soon as reasonably possible after the Scheduled
Payment Date designated by you. You also authorize the Credit
Union and its processing agents to credit your Payment Account
for payments returned to the Credit Union by the United
States Postal Service or Payee, or payments remitted to
you on behalf of another authorized user of the Service.
d.
Payment Methods. The Credit Union reserves the right
to select the method in which to remit funds on your behalf
to your Payee. These payment methods may include, but may
not be limited to, an electronic payment, an electronic
to check payment, or a laser draft payment.
e.
Payment Cancellation Requests. You may cancel or
edit any Scheduled Payment (including recurring payments)
by following the directions within the application. There
is no charge for canceling or editing a Scheduled Payment.
Once the Credit Union has begun processing a payment it
cannot be cancelled or edited.
f.
Stop Payment Requests. The Credit Union's ability
to process a stop payment request will depend on the payment
method and whether or not a check has cleared. The Credit
Union may also not have a reasonable opportunity to act
on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been
processed, you must contact the Credit Union. Although the
Credit Union will make every effort to accommodate your
request, the Credit Union will have no liability for failing
to do so. The Credit Union may also require you to present
your request in writing within fourteen (14) days. The charge
for each stop payment request will be the current charge
for such service as set out in the applicable fee schedule.
g.
Prohibited Payments. Payments to Payees outside of
the United States or its territories are prohibited through
the Service.
h.
Exception Payments. Tax payments and court ordered
payments may be scheduled through the Service, however such
payments are discouraged and must be scheduled at your own
risk. In no event shall the Credit Union be liable for any
claims or damages resulting from your scheduling of these
types of payments. The Service Guarantee as it applies to
any late payment related charges is void when these types
of payments are scheduled and/or processed by the Credit
Union. The Credit Union has no obligation to research or
resolve any claim resulting from an exception payment. All
research and resolution for any misapplied, misposted or
misdirected payments will be the sole responsibility of
you and not of the Credit Union.
i.
Payee Limitation. The Credit Union reserves the right
to refuse to pay any Payee to whom you may direct a payment.
The Service will notify you promptly if it decides to refuse
to pay a Payee designated by you. This notification is not
required if you attempt to make a prohibited payment or
an exception payment under this Agreement.
j.
Returned Payments. In using the Service, you understand
that Payees and/or the United States Postal Service may
return payments to the Credit Union for various reasons
such as, but not limited to, Payee's forwarding address
expired; Payee account number is not valid; Payee is unable
to locate account; or Payee account is paid in full. The
Credit Union will use its best efforts to research and correct
the returned payment and return it to your Payee, or void
the payment and credit your Payment Account.
k.
Information Authorization. Your enrollment in the
Service may not be fulfilled if the Credit Union cannot
verify your identity or other necessary information. Through
your enrollment in the Service, you agree that the Credit
Union reserves the right to request a review of your credit
rating at its own expense through an authorized bureau.
In addition, you agree that the Credit Union may obtain
financial information regarding your account from a Payee
or your financial institution (for example, to resolve payment
posting problems or for verification).
5.
Security Code.
a.
Initial Access. After your initial sign-on, you may
change your personal identification number (PIN) at any
time by selecting the appropriate function from the User
Options menu within the Online Banking service.
b.
Security Code. The PIN ("security code")
that you select is for your security purposes. The security
code is confidential and should not be disclosed to third
parties or recorded. You are responsible for safekeeping
your security code. You agree not to disclose or otherwise
make your security code available to anyone not authorized
by you to sign on your accounts. If you authorize anyone
to have or use your security code, you understand that person
may use the Online Banking service to review all of your
account information and make account transactions. Therefore,
we are entitled to act on transaction instructions received
using your security code and you agree that the use of your
security code will have the same effect as your signature
authorizing transactions.
c.
Authorization. If you authorize anyone to use your
security 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 security 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 security code is changed. If you fail
to maintain or change the security of these security codes
and the Credit Union suffers a loss, we may terminate your
electronic funds transfer and account services immediately.
6.
Member Liability. You are responsible for
all transfers you authorize using the Online Banking services
under this Agreement. If you permit other persons to use your
security 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 security code
and accessed your accounts without your authority. Telephoning
is the best way of keeping your possible losses down. For
Online Banking 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 security 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 Online Banking 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 security code has been lost or stolen or
that someone has transferred or may transfer money from your
account without your permission, call:
(360)
423-8750 Monday - Saturday 9:00 a.m. (PT) to 5:30 p.m. (PT)
or
contact us electronically by sending e-mail messages through
the Online Banking service: www.fibrecu.com
Important:
If you believe there has been or could
be unauthorized activity on your account, change your PIN
security code immediately.
7.
Business Days. Our business days are Monday
through Friday. Holidays are not included.
8.
Fees and Charges. There are certain charges
for Online Banking services as set forth below. From time
to time, the charges may be changed. We will notify you of
any changes as required by law.
a.
Bill Payment Service Fee. Free-fee for the first
90 days. Thereafter, $2.95 per month including unlimited
bills. Once you activate this service, you authorize us
to debit your checking account for the fee each month, no
refunds will be given upon termination of service. The Credit
Union has the right to change fees at any time. Additional
fees will not be assessed without notice to you.
b.
Stop Payment Fee. The fee for an Online Banking /
Bill Payment stop payment is $5.00. Stop payments can only
be placed on checks, not ACH transactions.
9.
Transaction Documentation. Transfers, withdrawals
and bill payments transacted through Online Banking will be
recorded on your periodic statement which will be sent by
mail. You will receive a statement monthly.
10.
Account Information Disclosure. We will maintain
the confidentiality and privacy of your electronic funds transaction
information in accordance with our privacy policy as stated
on our website at: www.fibrecu.com.
However, we will disclose electronic funds transfer information
to third parties about your account or the transfers you make
in the following limited circumstances:
a.
As necessary to complete transfers;
b.
To verify the existence of sufficient funds to cover specific
electronic transactions upon the request of a third party
merchant as allowed by law;
c.
To comply with government agency or court orders;
d.
If you give us your express permission.
11.
Limitation of Liability for Online Banking 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 bodily
injury, whether caused by the equipment, software, Credit
Union, or by Internet browser providers such as Netscape (Netscape
Navigator browser) and Microsoft (Microsoft Internet Explorer
browser), or by Internet access providers or by online 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, Online Banking
services and Bill Payment services, or Internet browser or
access software. In this regard, although we have taken measures
to provide security for communications from you to us via
the Online Banking and Bill Payment Services and may have
referred to such communication as "secured," 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:
a.
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.
b.
If you used the wrong security code or you have not properly
followed any applicable computer, or Credit Union user instructions
for making transfer and Bill Payment transactions.
c.
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.
d.
If circumstances beyond our control (such as fire, flood,
telecommunication outages or strikes, equipment or power
failure) prevent making the transaction.
e.
If the funds in your account are subject to an administrative
hold, legal process or other claim.
f.
If you have not given the Credit Union complete, correct
and current instructions so the Credit Union can process
a transfer.
g.
If, through no fault of ours, a Bill Payment or funds transfer
transaction does not reach a particular payee due to changes
in the payee address, account number or otherwise; the time
you allow for payment delivery was inaccurate; or the payee
failed to process a payment correctly, or in a timely manner,
and a fee, penalty, or interest is assessed against you.
h.
If the error was caused by a system beyond the Credit Union's
control such as a telecommunications system, an Internet
service provider, any computer virus or problems related
to software not provided by Credit Union.
i.
If there are other exceptions as established by the Credit
Union.
12.
Termination of Online Banking Services. You
agree that we may terminate this Agreement and your Online
Banking services, if you, or any authorized user of your Online
Banking services or security 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 security
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. In addition, we reserve the right to terminate
the service if you fail to use the service for more than three
(3) consecutive billing cycles.
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.
13.
Notices. The Credit Union reserves the right
to change the terms and conditions upon which the Online Banking
and Bill Payment service are 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.
14.
Statement Errors. In case of errors or questions
about your Online Banking or Bill Payment transactions, contact
us by: telephone at the phone numbers, send us an e-mail,
or write us at the address set forth in Section 6, 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.
15.
Other General Terms.
a.
Other Agreements. In addition to this Agreement,
you agree to be bound by and will comply with all terms
and conditions applicable to your relationship with the
Credit Union, as described in your Membership and Account
Agreement, prior receipt of which you acknowledge.
b.
Severability. In the event that any portion of this
Agreement is held by a court to be invalid or unenforceable
for any reason, the remainder of this Agreement shall not
be invalid or unenforceable and will continue in full force
and effect. All headings are intended for reference only
and are not to be construed as part of the Agreement.
16.
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 Washington 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 Washington 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.
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