Electronic Funds Transfer Agreement and Disclosure
Online Banking, Bill Payer and External transfer ACH Services
This Agreement covers Alliance Credit Union’s Online Banking, Electronic Funds Transfers, Bill Payer and External Transfer services. “We”, “us”, “ACU” and “Credit Union” refer to Alliance Credit Union. “You” refers to the persons receiving the services provided under this Agreement.
1. Enrolling in Online Banking
2. Account Review
All enrollments in Online Banking, Bill Payer and External transfer ACH service are subject to Credit Union review and approval. Your accounts with the Credit Union must be in good standing. To use Bill Pay, you must have a Credit Union checking account.
3. Other Governing Laws and Agreements
Your use of Online Banking, Bill Payer or External Transfer ACH services to conduct transactions on your Credit Union accounts is also subject to the terms of your Credit Union Member Account Handbook, Master Membership Agreement and Schedule of Fees and Charges. Online Banking, Bill Payer and External Transfer ACH service are subject to applicable California and federal law, including but not limited to the Electronic Funds Transfer Act and Federal Reserve Regulation E. External transfer ACH service is also subject to the rules of the National Automated Clearing House Association (NACHA). If any provision of this Agreement is unenforceable, the remaining provisions will continue in effect. This Agreement will be given its reasonable meaning and not construed against either party.
4. Required Equipment
To use Online Banking, Bill Payer or External transfer ACH service, you will need the following: (a) Internet access; (b) a computer with modem and Internet browser that can support SSL and 128-bit encryption (Microsoft Internet Explorer 4.01 or later, Netscape Navigator/Communicator 4.51 or later, or AOL 3.0 or later, should support this level of encryption); and (c) access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures. If these requirements change, we will notify you at least 21 days in advance. By clicking on the Accept button, you confirm that you have the equipment required to use Online Banking, Bill Payer and External transfer ACH service.
5. Your Responsibility for Your Equipment
You are solely responsible for installing, maintaining and operating your computer and your internet access. We will not be responsible for errors, deletions, failures, or damages of any kind that occur because of malfunctions of your computer, software or internet service. We will not be responsible for any virus that affects your computer or software while using our Online Banking, Bill Payer and or External Transfer ACH service. The warranties provided for Online Banking, Bill Payer and External Transfer ACH is limited to those expressly stated in this Agreement.
6. Your Responsibility for Complying with This Agreement
Each owner of an account on which Online Banking and/or Bill Payer and/or External Transfer ACH service is established is responsible, jointly and individually, to meet the terms of this Agreement. These obligations continue until you notify us to terminate Online Banking and/or Bill Payer and/or External Transfer ACH service or we cancel your Online Banking, Bill Payer service or External Transfer ACH service for a reason permitted by law or this Agreement. Each owner is responsible for all obligations incurred as a result of authorized use of Online Banking, Bill Payer or External Transfer ACH service until you or we terminate the service(s). Termination of Online Banking, Bill Payer or External Transfer ACH service will not relieve you of obligations incurred prior to termination. This obligation to the Credit Union will continue even if an owner is later relieved of the obligation by an agreement or court order to which we are not a party, such as a divorce decree. We are not subject to any agreement or court order to which we are not a party. No release from the obligations under this Agreement will be valid unless (a) in writing and signed by an authorized Credit Union employee or (b) pursuant to a court order in an action to which the Credit Union is a party.
7. Security of Your Accounts
8. Available Services
If you enroll in Online Banking online, you will have completed your enrollment and may start using the service immediately.
Online Banking, Bill Payer and External transfer ACH service are generally available 24 hours a day, 7 days a week. The system may be temporarily unavailable from time to time for maintenance, due to high Internet traffic volume, or for other reasons beyond our control. If this happens, please try your transaction again later. We are not responsible for any delays you have in accessing or using Online Banking, Bill Payer or External transfer ACH Service.
As required by Federal Reserve Regulation D, you are limited to six non-personal transfers or withdrawals out of your non-transaction accounts per month. Only checking/share draft accounts are considered transaction accounts. Non-personal transfers include transfers made via Online Banking, Bill Payer, audio response, ACH, and overdraft protection transfers. The following types of transactions do not count toward the six-per-month limit on withdrawals and transfers out of non-transaction accounts: (a) transactions made in person; (b) transactions made by messenger; (c) transactions at ATMs; (d) withdrawals in the form of a check mailed to you at your address in your records. All Bill Payer payments must be made from a Credit Union checking/share draft account.
Balances displayed on Online Banking may include deposits that we have not yet verified and therefore are not actually available for withdrawal. Online Banking balances may also differ from your records due to deposits in progress, checks outstanding, or other circumstances. When a transaction is presented to us via Online Banking, we will use the available balance in your account to determine whether to authorize the transaction. Our completion of a transaction does not necessarily mean that there are sufficient funds to pay all items that have not cleared your account.
Online Banking is free. The same fees that apply to account transactions conducted by other means will apply to transactions initiated using Online Banking or Bill Payer. For example, if a Bill Payer transaction is returned unpaid due to insufficient funds, you will pay our standard checking/share draft NSF fee with a max per day per account of six. Fees are subject to change. Please refer to the current Credit Union Schedule of Fees and Charges for fees and fee waiver qualifications.
11. Our Liability for Failure to Cancel or Stop Payments
If you attempt to cancel a payment or transfer and we do not do so even though we have sufficient time to act on your request, we will be liable for your losses or damages. In no event will we be liable for damages in excess of the actual loss caused by our failure to cancel the payment, and we will not be liable for any incidental, special or consequential damages.
12. Your Liability for Unauthorized Use of Online Banking, Bill Payer and External transfer ACH Service
Tell us AT ONCE if you believe your Access ID or Passcode has been lost, stolen or compromised. Telephoning is the best way to keep your possible losses down. Call us at the number or write to us at the address below under “How to Contact Us.” in Section 23. You could lose all of the money in your accounts (plus your maximum overdraft line of credit) if you do not tell us on time.
14. Our Liability for Failure to Complete Your Transactions
If we do not complete a transaction to or from your accounts on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if:
In no event will be liable for damages in excess of your actual damages, limited to the amount of the payment plus any late fee up to $50. (See the Payment Guarantee below.) We will not be liable for incidental, special, consequential or punitive damages.
We are not responsible for delays in posting by payees as long as the payee receives payment from us in a timely manner. We are not responsible for losses or damages resulting from your failure to provide us with correct information about your payments or payees. We are not responsible for checks lost by the U.S. postal service or for other untimely payments that result from circumstances outside our control.
15. Payment Guarantee
Due to circumstances beyond the control of the Credit Union and our service providers for Online Banking, Bill Payer and External transfer ACH services, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.
16. Our Responsibility to Follow Your Instructions
The Credit Union and Digital Insight will carry out instructions we receive using your Access ID and Passcode in a reasonable manner. You agree to defend, indemnify and hold the Credit Union, Digital Insight and any of our officers, directors, agents, employees, consultants, or contractors harmless from all costs, claims, damages, expenses and liability we sustain as a result of carrying out, in a reasonable manner, instructions that we receive from you or authorized users of your Online Banking and/or Bill Payer External transfer ACH services.
17. Your Right to Receive Documentation of Transactions
You can review your Online Banking, Bill Payer and External transfer ACH service transactions at any time using Online Banking. Online Banking and Bill Payer transactions will appear on your periodic account statements. Please use the Online Banking “Help” menu if you have difficulty with information being cut off when you print out account history data..
We can discontinue any services we offer, including Online Banking, Bill Payer or External transfer ACH service. . We will notify you at least 21 days in advance if we do this. We can cancel your use of Online Banking, Bill Payer or External transfer ACH service without notice if you default on any term of any agreement you have with Alliance Credit Union. If you close your Credit Union accounts, or if you have not used Online Banking for 6 consecutive months, Online Banking will be discontinued. You can ask to terminate Online Banking and/or Bill Payer and/or External transfer ACH Service at any time by submitting a request by mail, in person, or by e-mail. Termination of your Online Banking, Bill Payer or External transfer ACH service will not relieve you of your liability with respect to any transactions processed before the service was terminated.
19. Business Days
Our business days are Monday through Friday, excluding federal holidays.
20. Changes in Terms
We can change the terms of this Agreement by giving you at least 21 days advance notice. A change in terms may include adding new terms, deleting existing terms, or changing existing terms. If you object to a change, you can avoid its application to your accounts by discontinuing the related service. If you have elected to receive Credit Union disclosures electronically, we will notify you by e-mail that the Change in Terms notice is available for you to pick up on our secure web site. Otherwise the change will be mailed to you. We can change terms without advance notice if (a) the change is not adverse to you, or (b) the change is necessary to maintain or restore the security of the Online Banking Home Banking system.
21. Setoff, Attorney’s Fees and Collection Costs
If your use of Online Banking, Bill Payer or External transfer ACH Service results in your becoming indebted to us, and you do not pay what you owe upon our written demand, you agree that we can, unless prohibited by law or the account agreement, take funds in any Credit Union account in which you have an interest to recover all or part of what you owe without advance notice to you. Our exercising this right in the event of your default will not waive our right to use other lawful means to collect what you owe us. If we cannot recover what you owe from your other Credit Union accounts, you agree to pay reasonable collection costs we incur before we take legal action. If we take legal action to collect what you owe, you agree to pay our reasonable attorney’s fees and costs of suit in addition to any other remedy the court finds proper, whether the legal action is a collection lawsuit, a proceeding to protect our interests if you become a bankruptcy debtor, an action to enforce a judgment, an appeal, or another type of legal action.
22. In Case of Errors or Questions Regarding Electronic Funds Transfers
If you believe that an unauthorized electronic funds transfer occurred on your account or that any other type of error occurred on an electronic funds transfer, please contact us as indicated under “How to Contact Us” below.
Contact us as soon as you can if you think your account history is wrong, or if you need more information concerning an EFT transaction on your account history. We must hear from you not later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
Please give us the following information about Online Banking transactions:
For Bill Payer transactions, we will need the following information:
If you tell us orally, we may require you to send your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question (90 days if you have had accounts with us for less than 30 days or if your transaction was initiated outside the United States). If we decide to take more time, we will provisionally credit your account within 10 business days (20 days if you have had accounts with us for less than 30 days) for the amount you think is in error, so you will have use of the money while we investigate. If you do not put your complaint or question in writing within 10 days after we ask you to do so, we may not provisionally credit your account while we are investigating.
We will tell you the results within three business days after we complete our investigation. If we decide there was no error, we will send you a written explanation. You can request copies of the documents we used in our investigation. If there was no error, we will reverse any credits to your account and notify you that we have done so. We will pay any amounts by which your accounts are overdrawn for five business days after we reverse the provisional credit and we will not charge any overdraft fees, but only to the extent the overdraft does not exceed the amount of the provisional credit. If any overdraft exceeds the amount of the reversed provisional credit, we are not obligated to pay it unless you have overdraft protection available, and we are entitled to collect overdraft fees. In any event, you are obligated to restore any amounts by which your accounts are in negative balance.
23. How to Contact Us
24. Additional Terms
ONLINE BANKING, BILL PAYER AND EXTERNAL TRANSFER ACH SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Proceed with enrollment for The Service. By clicking on the "Accept" button you are acknowledging that you have read and agree to the terms and conditions of this Agreement and would like to proceed with online registration.
(If you do not agree, choose cancel below.)
If you click “cancel” you can still enroll in our Online Banking at a later time by completing an application in one of our offices or by mailing us the enrollment application. You will still be required to accept the Terms of this Agreement.
FinanceWorks & Debit Rewards Offers -- End User License Agreement
In addition to the above content, if you decide to use either FinanceWorks or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the “Service”) solely to manage your financial data, and the purchase rewards application (“Debit Rewards Offers”) to benefit from your debit card purchases.
In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "Service" and “Debit Rewards Offers” also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.
OWNERSHIP. The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
YOUR INFORMATION AND ACCOUNT DATA WITH US. You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called “aggregation”). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
THIRD PARTY SERVICES. In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
THIRD PARTY WEBSITES. The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
EXPORT RESTRICTIONS. You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
DEBIT REWARDS OFFERS. If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Debit Rewards. You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.
Debit Rewards Offers Account. You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to: