Online Banking Agreement
and Electronic Funds Transfer Disclosure
INTRODUCTION: This Agreement and Disclosure specifically governs the Allied Healthcare Federal Credit Union (AHFCU) Online Banking website, including the electronic funds transfer service. This document contains your and our rights and responsibilities, in addition to the terms and conditions under which this service is provided. PLEASE READ THIS AGREEMENT AND DISCLOSURE CAREFULLY.
By accepting this agreement, you agree that AHFCU may provide to you all disclosures, statements, agreements, and notices electronically. It is your responsibility to view, download, print, and save these disclosures, statements, agreements, and notices. By accepting this agreement, you opt-in and agree to receive periodic account statements online in lieu of a mailed paper statement. You acknowledge and agree that you will NOT receive mailed paper statements beginning with the month following your acceptance of this service. Please see the Online Statements Agreement located in this document. You may opt-out of Online Statements and receive mailed paper statements by emailing us via the Secure Support email option within Online Banking or by contacting us by telephone.
In this Agreement and Disclosure, the words “you”, “your” and “yours” mean each and every one of you who utilizes the Online Banking service. The words “we”, “us”, “our”, “AHFCU” and “Credit Union” each mean AHFCU. The term “service” refers to the Online Banking Service. By initiating inquiries and/or funds transfers through the service, or by permitting another to use the service on your behalf, you acknowledge receipt of this Agreement and Disclosure and agree to be bound by all terms and conditions contained herein, and all applicable terms and conditions contained in our other agreements with you governing your checking, savings, and loan accounts accessible in connection with this service. You further agree to follow all instructions provided by the service as reflected on your computer monitor or other system access screen.
The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other deposit account and credit agreements, including all such disclosures made pursuant to such agreements you have with the AHFCU.
WHAT YOU CAN DO ONLINE: Using your personal computer (P.C.) and your Password, you can access your AHFCU accounts and process transactions 24 hours a day, seven days a week (based on system availability). Through the service you can select from several options:
- Account Access – View your current savings and loan balances, view several months of transaction history for each account, and transfer funds between your accounts including advances on your available AHFCU Line Of Credit, and Home Equity Line of Credit.
- Payment Manager – This allows you to pay bills through your personal computer, rather than by writing and mailing checks. The bill pay service allows scheduling of recurring payments and verification of past payments. Please see the Bill Payment Agreement located in this document for more information.
- FinanceWorks – Set up an online budget and easily track your expenses and determine how you are spending your money. You can link and track your accounts from other financial institutions using the service.
- Online Statements- View, download, print, or save your periodic statements securely online.
- Contact Us – You can send a Secure Support email to AHFCU, or search the Knowledge Library.
- User Options – This allows you to customize your Online Banking preferences, which includes changing your password, opting out of Online Statements, and updating your email address registered with Online Banking.
- Help – This provides additional information about Online Banking.
BUSINESS AND PROCESSING DAYS: Our business days are Monday through Friday, excluding holidays. To obtain a list of AHFCU holidays, please visit our website at www.ahfcu.org. To guarantee that a transaction is processed the same calendar date it is initiated, the transaction must be scheduled before 11:59 p.m. Pacific Standard Time. Transactions initiated after 11:59 p.m. will reflect an effective date of the calendar day you initiated the transaction, but a posting date of the next business day, including non-business days, Sat., Sun., and holidays. Transactions initiated after 11:59 p.m. will reflect a posting date (transaction date) of the next business day, but will reflect the date of the calendar day on which you initiated the transaction as the effective date for purposes of dividend accrual and finance charge calculation. The service may be interrupted for a short time each day for data processing. Dividends on accounts and finance charges on loans will be calculated utilizing the effective date of the transaction.
LIMITS ON TRANSFERS AND TRANSACTIONS: There are no limits on the number or value of transactions you may initiate through the service except as stated below, provided that funds are available in your account or sufficient credit is available on your line of credit. You cannot initiate transfers using the service to or from Share Certificates, IRA accounts, or any restricted accounts. We reserve the right to limit the frequency and dollar amount of any transactions at any time for security reasons.
TRANSACTION LIMITATIONS ON MONEY MARKET ACCOUNTS: During any monthly statement period you may not make more than six (6) transfers from your Money Market account to another of your credit union accounts by means of an Online Banking transfer, a preauthorized or automatic transfer, or a telephonic or facsimile order or instruction. Transfers to make payments on your loans at AHFCU are excluded from this limitation.
FINANCE CHARGES ON LOAN TRANSFERS: Each transfer made from your Overdraft Line of Credit, Home Equity Line of Credit account, or any other revolving line of credit account you may have with us, is considered a cash advance. Finance charges begin to accrue from the effective date of each loan transfer in accordance with the terms of your credit agreement(s).
FUNDS AVAILABILITY AND ACCRUAL OF DIVIDENDS: Funds from electronic funds transfer credits/deposits will be available on the effective date of the transfer in accordance with our “Funds Availability Policy.” Dividends begin to accrue on the effective date of the transfer.
ISSUANCE AND CONFIDENTIALITY OF YOUR ONLINE BANKING PASSWORD: You are required to select a password for use with the service. The password is required for security purposes in connection with the authentication of transfers and payments you initiate through the service. Your password is confidential and should NOT be disclosed to others. You are responsible for the proper safekeeping of your password. You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. If you authorize anyone to use your password, your authority shall continue until you specifically revoke such authority by changing the password or by notifying AHFCU and obtaining a replacement password. You understand that if you reveal your password to anyone you have authorized that individual to transfer and withdraw funds from any of your accounts which can be accessed by the password, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of the service. If you fail to maintain security of your password, we reserve the right to terminate services to you under this Agreement and Disclosure as well as other deposit and loan services.
Users of the service should utilize such other password protection precautions as may be appropriate under any particular set of circumstances to ensure proper security over system access and access to account and transaction information and funds transfer capabilities. The service provides the capability for you to change your password. To help safeguard your security, you should change your password frequently. If you forget your password or your account access is locked, you can use the Forgotten Password Retrieval option to reset them or contact AHFCU at (562) 933-0370 during normal business hours to request a temporary password.
CREDIT UNION’S LIABILITY FOR FAILURE TO MAKE TRANSFERS: If we do not complete a transfer or payment to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses and damages. However, there are some exceptions. We will NOT be liable, for example, if: (1) through no fault of ours, you do not have enough available funds in your account to make the transfer; (2) the transfer would exceed any permitted overdraft line you have with us; (3) circumstances beyond our control (such as fire, flood, power failure, labor dispute, computer breakdown, telephone line disruption or a natural disaster) prevent or delay the transfer despite reasonable precaution taken by us; (4) the funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; (5) the password or transaction information or other information you have provided is incorrect or incomplete; (6) the system was not working properly and you knew about the breakdown when you started the transfer; (7) you are in default on an account to which you are attempting a transfer; (8) your personal computer and/or software malfunctioned for any reason; or (9) the transfer or payment could not be completed due to system unavailability or a telecommunication or Internet Service Provider service failure. There may be other exceptions stated in our agreement with you.
YOUR RESPONSIBILITY AND LIABILITY FOR UNAUTHORIZED TRANSFERS: You are responsible for all transfers and payments you initiate and authorize using the service. If you permit other persons to use the service you are responsible for any transactions they authorize from any of your accounts. Notify us IMMEDIATELY if you believe that your password has been compromised or that someone has used it or may use it to access your accounts. Notifying AHFCU by phone at (562) 933-0370 is the best way to limit your potential for loss. You could potentially lose all the money in your account plus any funds available in your Overdraft Line of Credit.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUNDS TRANSFERS: Call us or write us IMMEDIATELY if you think your statement is incorrect, shows transactions that you did not authorize, or if you need more information about a transfer. Please contact us within 60 days of the date your statement containing the error was mailed to you. If you fail to notify us in accordance with the timeline described above, you may not recover funds lost. Tell us your name, account number, the dollar amount of the suspected error, and the date it occurred. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
If you notify us verbally, we may require you to 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 any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will provisionally 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 request in writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we determine there was no error, we will send you written explanation within three (3) business days after we complete our investigation. You may ask for copies of the documents that we used in our investigation and which we relied upon to conclude that the error did not occur (to the extent possible without violating any other member’s right to privacy).
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS: Your completed transactions will appear on your periodic account statements. You will receive a monthly account statement of the electronic funds transfer activity on your accounts unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly. Be sure to review and verify all statement information thoroughly. You may also obtain information on transfers and payments by inquiry of your transactional account history using the service.
FEES AND CHARGES: There is no fee for using the AHFCU service. However, you are solely responsible for the payment of any Internet Service Provider and telephone and utility company charges incurred in connection with accessing the AHFCU service.
ACCOUNT TRANSACTION HISTORY: Each time you inquire and download account transactional information, you will receive information for at least the last 3 months. This means that you may need to download transactional information at least once every 90 days if you wish to have all of your account information on your P.C.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: We will disclose information to third parties about your account or the transfers you make: (a) Where it is necessary for completing transfers; or (b) In order to comply with government agency or court orders; or (c) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (d) If you give us your written permission.
SYSTEM UNAVAILABILITY: Access to the service may be unavailable at times for the following reasons: (1) Scheduled Maintenance – There will be necessary periods when systems require maintenance or upgrades; (2) Unscheduled Maintenance – the service may be unavailable when unforeseen maintenance is necessary; (3) System Outages – Major unforeseen events, such as, but not limited to, earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages, may cause system unavailability; or, (4) Internet Service Provider – Failure by or unavailability of an Internet Service Provider. We will make all reasonable efforts to ensure the availability of the service; however, we are in no way liable for system unavailability or any consequential damages that may result.
NOTIFICATION AND CHANGES IN TERMS AND CONDITIONS: You specifically agree that AHFCU may provide all disclosures, statements, agreements, and notices electronically. We may change or amend any part of this Agreement and Disclosure at any time, including changes in terms, conditions, and fees, as long as we give you advance notice as required by law. Your continued use of this service constitutes acceptance of those terms and conditions.
OTHER LIMITATIONS OF LIABILITY: You are solely responsible for the selection, installation, maintenance, and operation of your P.C. and software. AHFCU expressly disclaims any and all liability as it relates to the improper use of your P.C. and the transmission of data except as provided by statute. AHFCU is not responsible for any errors or failures due to any malfunction of your personal computer or the software, or unsuitability of your personal computer or software, or any virus, or any problems that may be associated with the use of an on-line service.
TERMINATION AND AUTOMATIC DEACTIVATION OF SERVICE: You may terminate your Online Banking service at any time by providing written notice to AHFCU and immediately discontinuing use of the service, or by discontinuing use of the service (by not logging on to the service) for a six-consecutive-month period. You are solely responsible for notifying any participating merchants (when applicable) that you have terminated your bill payment transfer capabilities.
If you do not utilize the service (by not logging on to the service) for a six-consecutive-month period, your access to the service may be deactivated. If this occurs and you wish to reactivate your service, you must contact AHFCU by telephone or in person. We reserve the right to require written reapplication before we reactivate your access to the service.
AHFCU may also terminate the service and this Agreement and Disclosure at any time by giving you advance notification, either orally or in writing. Whether you or AHFCU terminates your service and this Agreement and Disclosure, the termination shall not affect your obligations under this Agreement and Disclosure for any transfers or payments made prior to termination.
ENFORCEMENT: You agree to be liable to AHFCU for any liability, loss, or expense as provided in this Agreement that AHFCU incurs as a result of any dispute involving your accounts or services. You authorize AHFCU to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce this Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to California law, to payment by the other party of its reasonable attorneys’ 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 may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable, and any such modification shall not affect any other provision of this Agreement.
GENERAL DISCLAIMER: AHFCU hereby disclaims any warranties, endorsements, or representations, either expressed or implied, related to any product, service, advertisement, or other information contained herein. This includes any content contained, distributed, linked, or downloaded from the site. Any products or services from this site are to be used at your own risk, with no obligations or liabilities by AHFCU except as previously set forth within this agreement. It will be within the sole discretion of AHFCU to correct any errors or to omit any portion of the services, products, or materials contained herein.
This Agreement, any separate instructions, and the applicable fees and charges may be amended by AHFCU in the future. In the event of amendment, AHFCU shall send notice to you either by mail to your last known address or to the email address on record with the Online Banking service. Your use of the AHFCU’s Online Banking service following the receipt of such notice constitutes acceptance of such amendment.
GOVERNING LAW: This Agreement is made in California and shall be governed by the laws of the State of California to the extent that California Law is not inconsistent with controlling Central Law.