ABE
MEMBER CONNECT WEB BANKING AND BILL
PAYER SERVICE AGREEMENT
This Agreement is between ABE Federal Credit
Union, including any agent, independent contractor, designee, or assignee that ABE
Federal Credit Union may in its sole discretion involve in the provision of
Member Connect Web (collectively "we", "us",
"our" or "Bank") and each consumer who has enrolled in our
Member Connect Web and any person authorized by the consumer to access Member
Connect Web (collectively "you", "your" or
"yours").
You should refer to Appendix "A" of
this Agreement for the meanings of certain capitalized terms used throughout
this Agreement. All references to time of day in this Agreement refer to
Eastern Standard Time.
By submitting an ABE Federal Credit Union
Member Connect Web First Time User Registration, you are agreeing to the
following terms and conditions.
I.
Setup and Use
of Member Connect Web
1. Eligibility and Registration.
In order to use
Member Connect Web you must have a Checking Account with us. When you register
for Member Connect Web you will be asked to designate a Primary Checking
Account and select a unique access code. Your access code is confidential and
should not be disclosed to third parties. You should keep your access code
in a secure location. Any person having access to your credit union account no.
and access code will be able to access the Member Connect Web and perform all
transactions, including reviewing Account information and making transfers to
other Accounts and to other persons. You acknowledge that no person from the
credit union will ever ask you for your access code.
2. Access.
Member Connect
Web is generally accessible twenty-four
(24) hours a day, seven (7) days a week. However, Member Connect Web may be
temporarily unavailable due to record updating or other maintenance or
technical difficulties. In addition, access to Member Connect Web is made
available to you as the result of a license agreement between us and Online
Resources Corporation ("Online Resources"). Therefore, any
interruption of service or access caused by Online Resources may also prevent
you from using Member Connect Web. We reserve the right to modify, suspend, or
terminate access to the Member Connect Web at any time (for any reason) without
notice to you or refund of fees you have paid.
3. Equipment and Software Requirements.
To use Member
Connect Web you need a computer with a modem, an Internet service provider and
a Web browser [such as Netscape Navigator® or Microsoft Internet Explorer®
(Version 4.0 or higher)]. You are responsible for the set-up and maintenance of
your home computer and modem.
II. Features of Member Connect Web
1. Account Access.
You can use Member
Connect Web to access one primary checking account for bill pay. Member Connect
Web offers the following features:
viewing of Account balances and online transactions;
Bill Payment.
These features are
limited to the extent noted elsewhere in this Agreement and are subject to the
terms and conditions contained in the various agreements governing your
Accounts. You should refer to these agreements for restrictions and service
charges.
2. Bill Payment.
a) Payee Designations and Limitations.
When you maintain a Payee list, you are electing
to utilize the Bill Payment feature of Member Connect Web. You may utilize the
Bill Payment feature to make payments to a maximum of 45 Payees. No single
payment to a Payee may exceed $9,999.99. You are required to provide us with
the name and address of the Payee, your account number with that Payee and any
other information we require to properly debit your Primary Checking Account
with us and remit payment to the Payee. We may refuse to allow you to designate
a particular Payee or class of Payees. Currently, you are prohibited from
designating a federal, state or local governmental or tax unit as a Payee. You
are also prohibited from using Bill Payment to settle securities transactions,
to make court-ordered payments, child or spousal support payments, or payments
to a Payee located outside of the
b) Scheduling Bill Payments.
In many cases, your Bill Payment will be
electronically delivered to the Payee within two (2) business days of the start
date you have selected. However, some Payees are unable or may choose not to
accept electronic payments. In these cases, a check will be sent to the Payee
using the U.S Postal Service. A Bill Payment that must be mailed can take up to
five (5) business days to be delivered to the Payee. You must allow sufficient
time (2 or 5 business days, depending upon how the payment will be remitted)
for us to receive your Bill Payment request and process it so that the funds
can be delivered to the Payee before the payment due date, excluding grace
periods. (For mortgage payments, you must schedule your payments on or before
the actual due date of your payment, excluding any grace period
that your mortgage may provide). If you do not allow sufficient time for a
payment to be made, you assume full responsibility for all late fees, finance
charges, and any other actions taken by the Payee. When you add a Payee, we may
contact the Payee to verify the information you have provided and the payment
instructions. You will not be able to schedule a start date for a Bill Payment
to a Payee until verification is completed (as noted by display of "Available"
on your Bill Payment status field). Verification of a Payee can take up to ten
(10) business days.
c) Processing Bill Payments.
1.
"Future."
If I designate a Bill Payment as a "Future" transaction, I may
request that the transaction be made on a future date that I may designate up
to 364 days in advance of the Scheduled Initiation Date. Sufficient funds must
be available by
2.
"Recurring."
If I designate a Bill Payment as a
"Recurring" transaction, I may request, and the ABE Federal Credit
Union will use, a Scheduled Initiation Date that reoccurs on a specified
regular basis (i.e. weekly, bi-weekly, monthly, etc). I will designate a
"start" and "end" date. Sufficient funds must be available
by
d) Inability to Process Bill Payments Due
to Insufficient or Uncollected Funds.
We will attempt to notify you if a Bill
Payment is not processed because there are insufficient or uncollected funds in
your Primary Checking Account on the day the transaction is scheduled to occur.
We shall not be responsible if we are unable to reach you, whether or not this
is due to events beyond our control. You are responsible for making us aware of
any changes in your current mailing address and home or business telephone
numbers. In all cases, you are responsible for either making alternate
arrangements for the Bill Payment or rescheduling the Bill Payment through
Member Connect Web.
e) Stopping Future or Recurring Bill
Payments.
To stop a Future or Recurring Bill Payment,
you must select the Bill Payment option on Member Connect Web’s navigation bar
and choose and complete the Delete Payments option in the Bill Payments Window.
(Detailed instructions are found in the online Help of Member Connect Web.) If
you need assistance in stopping a Future or Recurring Bill Payment, you can
call us at (800) 780-9496.
5. Authorizations and Provisions
Applicable to Bill Payment
a) Authorization to
Deviate from Bill Payment Instructions.
From time to time
we may receive instructions from a Payee that directs us, in order to ensure
the timely processing of your payment, to send your payment to an address other
than the one that you provided us, or that directs us to make your payment
electronically rather than by check, to an account owned by the Payee at
another financial institution. You authorize us to follow those instructions,
to help ensure that your payment is received by the Payee and promptly credited
to your account with the Payee.
b) Reversing Entries
to Make Corrections.
You authorize us to
initiate any reversing entry or reversing file, and to debit your account with
us or an account maintained elsewhere, in order to correct any mistaken entry.
c) Information
Disclosure.
You authorize us to
disclose information to third parties about you or your Accounts and the Bill
Payments you make when it is necessary
to verify or complete Bill Payments or
to resolve a problem relating to a Bill Payment . Disclosure of information for
other purposes shall be made in accordance with "Our Privacy Policy."
(The document "Our Privacy Policy" is displayed immediately after
this Agreement.)
d) Termination of
Primary Checking Account.
Your access to Bill
Payment will be suspended or terminated automatically if your Primary Checking
Account is closed, or access to your Primary Checking Account is restricted for
any reason. If you would like to change your selection of a Primary Checking
Account, you must notify us by calling one of our branches.
e) Overdraft
Protection.
Any Personal Overdraft
Protection that you have obtained for a Linked Account will be accessible using
Member Connect Web transactions.
f) Custodians.
Custodians under
UTMA certify that any funds withdrawn for Bill Payment from an Account are being used for the
benefit of the Minor named on the Account and that they will hold the Bank
harmless from any and all liability with respect to such transactions.
6. Acceptance of Terms and Conditions.
You agree to comply
with the terms and conditions set forth in this Agreement and that such
documents may be amended from time to time. You understand and agree that by
requesting Member Connect Web Service, you are authorizing ABE Federal Credit
Union, and any agent, independent contractor, designee, or assignee that ABE
Federal Credit Union may in its sole discretion select to conduct online
banking transactions (including bill payment transactions that you may request)
on your behalf. You authorize ABE Federal Credit Union to charge your account
for providing Member Connect Web Internet Banking Service.
III. Statements.
A monthly account
statement will be provided to you for any Account that has had a Bill
Payment occur during the monthly cycle.
In any case, you will receive a statement for your statement Accounts at least
quarterly.
IV. Fees.
You should note that
depending on how you access the Member Connect Web you may incur charges. These
include:
normal cycle service fees and service charges; and
Internet service provider fees.
For savings accounts
(with or without check-writing privileges), you may also incur an excess
transaction fee for each transfer made through Member Connect Web that exceeds
the number of limited transfers permitted by Federal regulations each statement
cycle. These fees are described in your deposit account agreement.
V. Parties´ Responsibilities.
1. Your Rights and Responsibilities.
a) Authorized Use of
Services by Other Persons.
You are responsible
for keeping your access code and Account data confidential. We are entitled to
act on instructions received using your access code, and you agree that the use
of your access code will have the same effect as your signature authorizing the
transaction(s). If you authorize other persons to use your access code in any
manner, your authorization will be considered unlimited in amount and manner
until you have notified us by calling 516-763-7514 or sending a message to our
Member Service Department using the Member Connect Web "Secure Mail"
function that you have revoked the authorization. You are responsible for any
transactions made by such persons until you notify us that transactions by that
person are no longer authorized and we have a reasonable opportunity to act
upon your notice and change your Password.
b) Reporting
Unauthorized Transactions.
You should notify us
immediately if you believe your access code has been lost or stolen or that
someone has transferred or may transfer money from your Account without your
permission or if you suspect any fraudulent activity on your Account. To notify
us, call 516-763-7514 or contact us by sending a message to our Member Service
Department using Member Connect Web "Secure Mail" function.
2. Consumer Liability for Unauthorized
Transactions.
NOTE: Federal law requires that if you believe your access
code has been lost or stolen, and you tell us within two (2) business days
after you learn of the loss or theft, you can lose no more than $50 if someone
used your access code without your permission.
Please tell us AT
ONCE if you believe your access code has been lost or stolen. Telephoning us at
516-763-7514 or sending a message to our Member Service Department through the
Member Connect Web "Secure Mail" function are the best way(s) of
keeping your possible losses down. If you do not notify us promptly, it is
possible that you could lose all the money in your Account (plus your maximum
line of credit available through any Personal Overdraft Protection you maintain
with us). If you tell us within two (2) business days, you can lose no more
than $50 if someone used your Password without your permission.
If you do NOT tell
us within two (2) business days after you learn of the loss or theft of your
access code, and we can prove that we could have stopped someone from using
your access code without your permission if you had told us, you could lose as
much as $500.
Also, if your
statement shows Transfers that you did not make, tell us at once. If you do not
tell us within sixty (60) days after the FIRST statement showing such a
Transfer is mailed to you, you may not get back any money you lost after the
sixty (60) days, if we can prove that we could have stopped someone from taking
the money if you had told us in time. Your role is extremely important in the
prevention of any wrongful use of your Account. You must promptly examine your
Account statement upon receipt. If you find that your records and ours
disagree, your must call 516-763-7514 or write us at:
ABE Federal Credit
Union
Electronic Banking Services Department
7-11 Front Street
Rockville Centre, NY 11570
If a good reason
(such as a long trip or a hospital stay) kept you from telling us, we may
extend these time periods.
Resolving Errors or
Problems.
If you think your
statement is wrong or if you need more information about a Transfer listed on
the statement, contact us by telephone at 516-763-7514 or write us as soon as
you can at:
ABE Federal Credit
Union
Electronic Banking Services Department
We must hear from
you no later than sixty (60) days after we sent the FIRST statement on which
the problem or error appeared. When you contact us, our representative will
need to know the following information:
(1) your name and
Account number;
(2) a description of
the error you are unsure about, and an explanation of why you believe it is an
error or why you need more information; and
(3) the dollar
amount of the suspected error.
If you tell us
orally by contacting 516-763-7514 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 any error promptly. If we need more time,
however, we may take up to forty-five (45) days to investigate your complaint
or question. If we decide to do this, we will 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 credit your Account. We
will tell you the results within three (3) business days after completing our
investigation. If we decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents that we used in our
investigation.
3. The Bank's Responsibilities &
Limitations on Responsibilities.
If we do not
complete a bill payment from your Account or cancel a bill payment as properly
requested on time and in the correct amount according to our Agreement with
you, we are liable for your losses or damages. However, as noted in the next
paragraph, there are some exceptions. We will not be liable, for instance:
(1) if, through no
fault of ours, you do not have enough money in your Account to make the bill
payment;
(2) if the bill
payment would go over the limit on your Personal Overdraft Protection;
(3) if the funds in
your Account were attached or the bill payment cannot be made because of legal
restrictions affecting your Account;
(4) if the system
was not working properly and you knew about the breakdown when you started the
bill payment;
(5) if circumstances
beyond our control (such as an interruption of telephone service or
telecommunication facilities, or a natural disaster such as a fire or flood)
prevent the bill payment, despite reasonable precautions that we have taken;
(6) if you have not
provided us with complete and correct Bill Payment information, including
without limitation the name, address, account number and payment amount for the
Payee on a Bill Payment;
(7) if the estimate
of time you allow for delivery of a Bill Payment to a Payee is inaccurate,
delays in mail delivery, changes in the address of a Payee or account number,
or the failure of a Payee to account correctly for or credit a Bill Payment in
a timely manner;
(8) if you have not
properly followed the instructions for using Member Connect Web;
(9) any errors or
failures from any malfunction of your computer or any computer virus or other
problems related to your computer equipment used with Member Connect Web.
(10) any error,
damages or other loss you may suffer due to malfunction or misapplication of
any system you use, including your browser (Netscape Navigator®,
Microsoft Explorer®, or otherwise), your Internet service provider,
your personal financial management or other software (such as Quicken® or
Microsoft Money®), or any equipment you may use (including your
telecommunications facilities, computer hardware and modem) to access or
communicate with Member Connect Web; or
(11) there may be
other exceptions stated in our Agreement with you.
VI. Warranties of Fitness and
Merchantability.
NEITHER WE, NOR ANY
OF OUR SUBSIDIARIES NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR
IMPLIED, TO YOU CONCERNING EQUIPMENT, BROWSERS OR OTHER SERVICES INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH
WARRANTY IS PROHIBITED BY LAW.
VII. Consumer Privacy.
Except as otherwise
provided in this Agreement, information about you and your Accounts will be
disclosed only in accordance with "Our Privacy Policy." (The document
"Our Privacy Policy" is displayed immediately after this Agreement.)
VIII. Termination.
You are responsible
for complying with all the terms of this Agreement. We can terminate your
access to Member Connect Web under this Agreement without notice to you if you
do not pay any required fee when due, if you do not comply with this Agreement
or the agreements governing your deposit accounts, or if your deposit account
is not maintained in good standing. We may also terminate your access to Member
Connect Web if you do not sign on to the Member Connect Web or do not have any
Transfer or Bill Payment scheduled through the Member Connect Web during any
consecutive twelve (12) month period.
You may terminate
your access to Member Connect Web by calling 516-763-7514. Your termination
of your Member Connect Web will automatically terminate any pending payments.
IX. Changes in Terms and other Amendments.
We may add, delete
or amend terms, conditions and other provisions (including fees and charges)
described in this Agreement at our discretion. We will notify you in the manner
required by applicable law. In the event the notice of change is not subject to
a legal or regulatory requirement, we reserve the right to notify you by e-mail
or by posting the change on our Website. You are bound by such change if you
use Member Connect Web after the effective date of the notice.
X. Other Provisions.
1. Electronic Notice.
Member Connect Web
"Secure Mail" (provided on the Member Connect Web pages) is secure
mail that you may use to compose and send messages concerning only Member
Connect Web Internet Banking transactions to our Customer Service Department.
(If you select the E-mail function on our ABE Federal Credit Union
Website - and not Member Connect Web Mail - the E-Mail communication that
you send will be launched via your E-Mail software program and, as a result,
will not be secure. )
There may be times
when you need to speak with someone immediately. In these cases, do not use
Member Connect Web "Secure Mail." Instead, call us at
516-763-7514.
2. Hours of Operation.
Our representatives
are available to assist you from 9:00am to 5:00pm edt weekdays by calling
516-763-7514.
3. Geographic Restrictions.
The Member Connect
Web described in this Agreement is solely offered to citizens and residents of
the
4. LIMITATION ON LIABILITY.
BY USING MEMBER CONNECT
WEB YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ASSOCIATED WITH ANY VIRUSES
WHICH MAY INFECT A USER'S COMPUTER) INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
YOUR ACCESS TO OR USE OF [SERVICE NAME] SITE (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES).
5. Governing Law.
This Agreement shall be governed by and
construed in accordance with the laws of
Appendix
"A" to
Member Connect Web Agreement
Account means a deposit account (except Ineligible Accounts) that you maintain
with us for personal, family or household use.
Account Access means your ability to access balance and transaction
information, transfer funds between deposit accounts, or engage in bill payment
via personal computer.
Account Agreement means this Agreement, and the agreement between you
and us that governs the use of your Account, including deposit account
agreements, funds availability and electronic fund transfer disclosures, and
the schedule of fees and charges provided to you at account opening, all as
shall be amended from time to time.
Bill Payment means the Member Connect Web feature that allows you
to pay funds to designated Payees based
upon your instructions to us via a personal computer.
Business Day means every weekday that we are open for business,
except federal or state banking holidays.
Checking Account means a Basic Checking or Super or Super Plus
Checking Account.
Electronic means electrical, digital, magnetic, wireless,
optical or electromagnetic technology, or any other technology that entails
similar capabilities.
Ineligible Account means an Account that is not eligible to be linked to
Member Connect Web because of: (i) the manner in which the Account is
maintained (for example, a court-ordered guardian Account), (ii) the legal
status of the account (for example, an account where one of the account owners
is deceased or the balance of which is restrained due to legal process), or
(iii) account type (for example, a Minor Savings Account.)
Linked Accounts means Accounts that are accessible through
Member Connect Web.
Member Connect Web shall mean the features and services available to you
using Member Connect Web Service.
Access code means the access code that you designate for first
time access to Member Connect Web.
Payee means any individual, financial or educational institution, company,
merchant or other business entity we allow you to make Bill Payment to using Member
Connect Web.
Primary Checking Account means the Checking Account that you have authorized
us to debit in order to make a Bill Payment to a Payee.
Transfer means an electronic banking transaction.
ABE
FEDERAL CREDIT UNION PRIVACY NOTICE
American
Broadcast Employees Federal Credit Union, your member owned financial
institution, is committed to providing you financial products and services to
meet your needs and reach your financial goals. We are equally committed to
protecting our members’ privacy. You can be confident that your financial
privacy is a priority of this credit union. We are required by law to give you
this privacy notice to explain how we collect, use and safeguard your personal
financial information.
Information
We Collect and Disclose About You
We
collect the following nonpublic personal information about you from the
following sources:
·
Information we receive from you on membership and loan applications and
other forms;
·
Information about your transactions with us or others;
·
Information we receive from a consumer reporting agency;
·
Information obtained when verifying the information you provide on an
application or other forms, such as from your current or past employers or from
other institutions where you conduct financial transactions.
Disclosure
of Information to Parties That Provide Services to Us
We
may also disclose all the information we collect, as described above, to
companies that perform marketing services on our behalf or to other financial
institutions with whom we have joint marketing agreements. American Broadcast Employees FCU has
contracted with The CUNA Mutual Group to offer our membership Auto and
Homeowners Insurance Products via direct mail. ABEFCU believes that these
products may be of value and benefit to our membership, however, if you would
like to be removed from future mailing lists please contact your local branch
office. To protect
our members’ privacy, we only work with companies that agree to maintain strong
confidentiality protections and limit the use of information we provide. We do
not permit these companies to sell the member information we provide to other
third parties.
In
order to conduct the business of the credit union, we may also disclose
nonpublic personal information about you under other circumstances as permitted
or required by law. These disclosures typically include information to process
transactions on your behalf, conduct the operations of our credit union, follow
your instructions as you authorize, or protect the security of our financial
records.
Disclosure
of Information About Former Members
If
you terminate your membership with ABE Federal Credit Union, we will not share
information we have collected about you, except as permitted or required by
law.
How We Protect
Your Information
We
restrict access to nonpublic personal information about you to those employees
who have a specific business purpose in utilizing your data. Our employees are
trained in the importance of maintaining confidentiality and member privacy. We
maintain physical, electronic, and procedural safeguards that comply with
federal regulations and leading industry practices to safeguard your nonpublic
personal information.