ONLINE BANKING AND ESTATEMENT SERVICE AGREEMENT AND ELECTRONIC DELIVERY DISCLOSURE
This Online Banking and eStatement Service Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking and E-Statement service ("Services"). It also describes the rights and obligations of Central Jersey Federal Credit Union ("Credit Union"). Please read this Agreement carefully and retain a copy for your records.
The following definitions apply in this Agreement:
- "You" or "your" refers to the owner of the account or the authorized representative;
- "We", "us", "Credit Union" or "CJFCU" refers to Central Jersey Federal Credit Union which offers the Services and which holds the accounts accessed by the Services;
- "Online Banking" is the internet-based service providing access to your Credit Union account(s);
- "Online Account" means the Credit Union account from which you will be conducting transactions using the Service;
- "User ID" is the account identifier you create during the enrollment process to the Service;
- "PC" means your personal computer which enables you, with an Internet browser and ISP, to access your Online Account; and
- "ISP" refers to your Internet Service Provider
II. Accepting the Agreement
Your use of Online Banking services described in this Agreement, or your authorization for others to use them, is your acknowledgement that you have received a copy of this Agreement and that you agree to be bound by its terms.
III. Relation to Other Agreements
When you use Online Banking services to access your account(s) or loan(s), you do so under the terms and conditions we provided to you in the agreement and disclosure for the account(s) or loan(s). You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account or loan with regards to Online Banking services. In the event there is a conflict between the terms of this online banking agreement and those agreements, the terms of those agreements shall control.
IV. Access to Services
Your CJFCU Online Banking and E-Statements is generally accessible 24 hours a day, seven days a week. For the purposes of transactions, the Credit Union's business days are Monday through Friday. If a request to transfer funds through CJFCU Online Banking and E-Statements is completed before 5:00 p.m. on a Business Day, the transfer will be posted to your Account the same Business Day. If a request to transfer funds is completed after 5:00 p.m. on a Business Day or anytime on a Saturday, Sunday or Banking Holiday, the transfer will post to your Account the following Business Day. CJFCU Online Banking and E-Statements may be inaccessible periodically for scheduled system maintenance.
V. Online Banking Services
This section describes some of the services and features available within the CJFCU Online Banking and E-Statement service. You may use Online Banking to:
- Review activity and recent transactions
- Receive and view periodic statements
- Transfer funds between accounts
- Make loan payments
- Place a stop payment on a share draft
- Request a check withdrawal
VI. Schedule of Fees
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is currently no monthly service charge for accessing your accounts with the Online Banking and E-Statement service.
VII. Electronic Delivery Disclosure
Before you consent to receive your CJFCU account statements, you must read and accept the following terms and conditions. The joint owners of this account hereby agree with each other to accept the terms and conditions of this consent. Two years of history will eventually become available as your statements accumulate. You have the right to have any record or disclosure that we send you electronically to be made available on paper. By accepting this agreement, you authorize CJFCU to deliver all future monthly or quarterly account statements including statement stuffers, change in account terms notifications and disclosures by electronic means. You understand you will not receive paper statements via postal mail as long as you have access to E-Statements. You may view your electronic statements as many times as you wish for a period of 24 months or save them as a PDF file. You may print your E-Statements yourself as many times as you wish free of charge. You may request a paper copy by calling the Member Service Department at 732-634-0600 or send a written request to Central Jersey Federal Credit Union, 380 Berry Street, Woodbridge, NJ 07095. If you request a paper copy of a record or disclosure that you receive electronically, you will be charged a fee (see Fee Schedule).
VIII. Use of Logon Credentials
You are responsible for keeping your User ID, Password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, or Online Banking Logon Credentials;
- Do not leave your PC or any other device you use to access Online Banking unattended while you are on the Credit Union's Online Banking site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, password, etc.) in any public or general e-mail system.
If you believe your logon credentials have been lost or stolen, or if you suspect any fraudulent activity on your account, call the Credit Union immediately 732-634-0600 between the hours of 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, or 9:00 a.m. to 12:00 p.m. ET, Saturdays. Telephoning the Credit Union is the best way of minimizing your losses and liability.
YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DEMANDS, LAWSUITS, LOSSES, COSTS, EXPENSES AND ATTORNEYS' FEES WE SUFFER OR INCUR BECAUSE OF OR RESULTING FROM YOUR PERMITTING OTHER PERSONS TO USE YOUR ONLINE BANKING LOGON CREDENTIALS TO ACCESS THE ONLINE BANKING SERVICES.
By using the services described in this Agreement, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use and we have had a reasonable opportunity to act on such notice.
IX. Electronic Mail (E-mail)
You should not rely on email if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, passwords, account information, etc. via any general or public email system. If you wish to contact us electronically, please use the secure CJFCU message portal provided in our Online Banking site. Use this secure portal to email the Credit Union regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Credit Union regarding other concerns of a confidential nature.
We may terminate your access to CJFCU Online Banking and E-Statements:
- if you have not accessed the service in longer than 3 months with no initial login or 6 months of inactivity
- you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing, or
- the Credit Union, in its sole discretion, chooses to no longer offer this service to you.
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
If you wish to terminate this Agreement, you may notify the Credit Union by calling 732-634-0600 between the hours of 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, or 9:00 a.m. to 12:00 p.m. ET, Saturdays. Any Online Banking transfers that may be scheduled with future dates will also be terminated.
A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking services as delineated in this Agreement.
We will not be liable to you in the following instances:
- If through no fault of the Credit Union, you do not have enough money in your account to make the transfer.
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with credit union policy.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
- If your transfer authorization terminates by operation of law.
- If you believe someone has accessed your accounts without your permission and you fail to notify the Credit Union immediately.
- If we have a reasonable basis for believing that unauthorized use of your Login Credentials or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
LIMITATION OF OUR LIABILILTY AND THE LIABILITY OF OUR SUPPLIERS UNLESS OTHERWISE REQUIRED BY LAW: WE WILL NOT BE RESPONSIBLE, NOR WILL OUR SUPPLIERS BE RESPONSIBLE, FOR ANY LOSSES OR DAMAGES, OR LIABILITIES ARISING FROM THE USE OF THE SERVICES DESCRIBED IN THIS AGREEMENT AND DISCLOSURE STATEMENT.
B. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, and employees harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking account.
C. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Google (Chrome browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking account.
D. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your internet enabled device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XII. Authorized Use of Online Banking Services by Other Persons
You are responsible for keeping your logon credentials and account data confidential. The Credit Union is entitled to act on transaction instructions received using your logon credentials, and you agree the use of your logon credentials will have the same effect as your signature in authorizing transactions. If you authorize other persons to use your User ID and Password in any manner, your authorization shall be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization (and changed your logon credentials), and 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 the change of your logon credentials).
XIII. Company Representative If You Are a Business Entity
If you are a corporation, partnership, limited liability company, association or some other form of business entity, we will issue one set of access credentials to a company representative. It is your responsibility to ensure that access credentials are provided only to persons you authorize. You represent to us that each company representative and anyone else using your access credentials has general authority from your company to give us instructions to perform transactions using our Online Banking service. Each person using your access credentials will have the ability to access the services outlined in this service agreement.
XIV. General Terms and Conditions
- Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking and E-Statement Service is your acknowledgement that you have received these agreements and agree to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees from the transaction funding account. If any provision of this Agreement is determined by a Court of Law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
- Changes and Modifications. The Credit Union may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via email and you will be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
- Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
- Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
- where it is necessary for the provision of Online Banking and for completing transfers;
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or other reporting requirements;
- if you give us your permission;
- to any Credit Union affiliated companies.
5. Governing Law. This Agreement is governed by the laws of the State of New Jersey and applicable federal law. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the Courts of New Jersey and the parties expressly consent to jurisdiction and venue thereof and therein.
XV. General Warranties
You warrant and represent that the information you are providing to us is true, correct and complete. You agree not to impersonate any person or use a name that you are not authorized to use. You agree to promptly update your registration records if your email address or other information changes. You warrant that you will not use Central Jersey FCU Online Banking and eStatements for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement. The laws of the State of New Jersey govern this agreement. If any legal action is to be taken, the matter will be decided in a New Jersey State Court. If we initiate any legal action to collect money owed under this Agreement, including any counterclaim, you agree to pay all costs incurred by Central Jersey Federal Credit Union for such action, including any reasonable attorney's fees