CONCORD FEDERAL CREDIT UNION ON-LINE AGREEMENT
- In this Agreement, the words “you” and “your” mean each person who used the Concord Federal Credit Union On-line System. The words “we” and “us” and “our” mean Concord Federal Credit Union. The word “PASSWORD” means the password you select. You will be responsible for protecting the confidentiality of your PASSWORD. You agree that any person you provide the PASSWORD shall be considered an authorized user and you will be responsible jointly and separately with the authorized user for any and all transactions. The word “Account” means those accounts with us which you may access by use of your PASSWORD and the On-line System. The Concord Federal Credit Union On-line System is an electronically automated on-line service that may be accessed by an on-line computer through which, when used in conjunction with a PASSWORD, an electronic fund transfer may be initiated. A “business day” is a day the main office is open for business.
- YOU AND EACH PERSON YOU GIVE THE PASSWORD CAN ACCESS ANY OF YOUR ACCOUNT(S) AND OTHERWISE USE THE CONCORD FEDERAL CREDIT UNION ON-LINE SYSTEM.
- You understand that your PASSWORD when used with the Concord Federal Credit Union On-line System may be used to, among other things, transfer funds between certain Accounts, withdraw funds from certain Accounts, make advances under certain Accounts, make payments to certain Accounts and authorize payment to third parties. The specific transactions available are listed in the accompanying disclosure.
- You will be responsible for all unauthorized transfers made from your Account by use of the Concord Federal Credit Union On-line System, subject to the limitations contained in applicable Federal Law. Those limitations of your liability for unauthorized transfers are summarized in the disclosures accompanying this Agreement.
- You will tell us at once if you believe your PASSWORD has been lost, stolen, discovered, used, obtained by some unauthorized person or the Concord Federal Credit Union On-line System has been compromised in any way. The fastest way to notify us is to telephone us at (718) 622-0623. You understand we may suspend your access to the Concord Federal Credit Union On-line System until such problems are corrected.
- We may terminate or cancel your use of the Concord Federal Credit Union On-line System at any time at our sole discretion and without notice to you. We may give you notice of termination or cancellation, but we are not obligated to do so. Your PASSWORD may not be used with the Concord Federal Credit Union On-line System after we terminate or cancel, and you will discontinue its use immediately. You may terminate or cancel the use of the Concord Federal Credit Union On-line System by giving a written notice to us at our main office. Your written notice of termination or cancellation will become effective not later than the end of the first business day following our actual receipt of your notice. The termination or cancellation of the use of the Concord Federal Credit Union On-line System will not affect the liability incurred by you prior to termination or cancellation.
- You must keep your share account with us open in order for you to use the Concord Federal Credit Union On-line System.
- Except as changed by this Agreement, transactions initiated by use of the Concord Federal Credit Union On-line System are subject to the rules and agreements covering your Accounts with us, and this Agreement is made part of and supplemental to those rules and agreements.
- You will pay any charges that may be approved by our Board of Directors for the use of the Concord Federal Credit Union On-line System. All approved charges may, at our option, be charged against any Account which may be accessed by your use of the Concord Federal Credit Union On-line System or any other account in which you have an ownership interest or right to make withdrawals.
- Your PASSWORD will be used only for the type of transactions and to have access to only those Accounts that we have approved in advance. If through some error the Concord Federal Credit Union On-line System permits you to withdraw funds from an account that you should not be allowed to use, we may charge the amount involved to an Account that you can use.
- Your PASSWORD may not be used to overdraw any Account except for those accounts for which you have established overdraft protection. Such overdraft protection, if any, will be governed by the terms of those accounts.
- In order to process your request, you agree we may request and you must meet our security requirements to identify authorized users. However, we have no obligation to monitor how your PASSWORD is used or to notify you if we notice any unusual activity with regards to any of your Accounts which may be accessed by use of your PASSWORD. We have no obligation to monitor how you use the Concord Federal Credit Union On-line System or to notify you if we notice any unusual activity with regard to any of your Accounts which may be accessed by use of the Concord Federal Credit Union On-line System. You agree obtaining internet service is entirely your responsibility. You agree providing a computer to use the On-line System is entirely your responsibility. You agree you are responsible for all charges assessed by communications companies, local and long-distance telephone companies, on-line service providers or other related companies.
- You agree we accept no responsibility for equipment damage, computer viruses, software damage or any other damage or failure which may occur as a result of your use of the Concord Federal Credit Union On-line System. Even though we believe that the Concord Federal Credit Union On-line System will prove to be reliable, the On-line System may not operate properly at all times. We, therefore, do not promise that the Concord Federal Credit Union On-line System will always be available for your use. You will not attempt to make a transfer when the On-line System tells you or other circumstances give you reason to believe that the On-line System is closed or is not operating properly due to a technical malfunction or is otherwise unable to initiate the transaction you desire. You agree we assume no liability due to your inability to access the Concord Federal Credit Union On-line System for any reason, including but not limited to, to communication problems or interruption or equipment failure.
- This Agreement may be changed at any time by mailing a copy of any changes to your last statement address. Changes will be effective on the date that we mail them to you unless we are required, by Federal Law, to give you advance notice. Your use of the Concord Federal Credit Union On-line System after the effective date of any change will acknowledge your acceptance of the change.
- We can delay in enforcing any of our rights under this Agreement without losing them. The fact that we do not enforce our rights in one instance does not mean that we will not do so in another instance.
- This Agreement and all transactions under this Agreement will be governed by New York State law and applicable Federal law.
REGULATION E DISCLOSURE STATEMENT
YOUR ACCESS DEVICE AND ELECTRONIC FUND TRANSFERS
YOU CANNOT USE THE CONCORD FEDERAL CREDIT UNION ON-LINE SYSTEM TO TRANSFER MONEY INTO OR OUT OF YOUR ACCOUNT UNTIL WE HAVE VALIDATED ITS USE.
To validate the On-line System, you must be authorized by the Concord Federal Credit Union and obtain a password (PASSWORD). Once authorized and a PASSWORD is obtained, the On-line System will then be validated and may be used through an On-line Computer.
ACCOUNT ACCESS: Your PASSWORD may be used with an On-line Computer
to allow you to initiate any of the following transactions, provided the accounts have been authorized for use. You may make:
Transfer from Share to Share Draft Transfer from Share Draft to Share
Transfer from Share to Loan Transfer from Share Draft to Loan
LIMITATION ON FREQUENCY OF TRANSFERS: For security reasons, there are limits on the number of transfers you can make using our On-line System
LIMITATION ON DOLLAR AMOUNTS OF TRANSFERS: For security reasons, there are limits on the dollar amount of transfers you can make using our On-line System.
BUSINESS DAYS: Our business days are Wednesdays, Thursdays, and Sundays. Holidays are not included. Of course, the Concord Federal Credit Union On-Line System is open at times other than the business days of our credit union.
SUMMARY OF YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS: Tell us AT ONCE if you believe your PASSWORD has (have) been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts(s). If you tell us within 2 business days, you can lose no more than $50.00 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 PASSWORD, and we can prove we could have stopped someone from using your PASSWORD without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your PASSWORD has (have) been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (718) 622-0623 or write to us at CONCORD FEDERL CREDIT UNION, 833 Gardner C. Taylor Blvd., Brooklyn, NY 11216.
SERVICE CHARGES: There is currently no monthly service charge. However, each account affected by the transaction use of the Concord Federal Credit Union On-line System will be subject to the regular service charge imposed for that specified account. Additionally, if you have an existing overdraft credit line or open-end loan account attached to your checking account, any overdrafts shall be subject to FINANCE CHARGES in accordance with the terms of the applicable agreement.
SUMMARY OF YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS: You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get the statement at least quarterly.
RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call us at (718) 622-0623, or write us at Concord Federal Credit Union, 833 Gardner C. Taylor Blvd., Brooklyn, NY 11216 in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require that you put your request in writing and get it to us within 14 days after you call. We will charge you $25.00 for each stop payment order you give. If these regular payments may vary in amount, the person you are going to pay will tell you 10 days before each payment when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set). If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, we do not do so, we will be liable for your losses or damages.
SUMMARY OF CREDIT UNION’S LIABILLITY FOR FAILURE TO MAKE TRANSFERS: If we do not complete a transfer to or from your account on time or in correct amount according to our agreement with you, we will be liable for your losses for damages as required by Federal law. However, there are some exceptions. We will not be liable for, for instance:
- If through no fault of ours, you do not have enough money in your account to make the transfer:
- If the transfer would go over the credit limit on a loan.
- If the On-line System was not working properly, and you knew about the breakdown when you started the transfer;
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken:
- If the funds in your account are subject to a court order or other restriction preventing the transfer; and
- There may be other exceptions stated in our agreement with you.
CIRCUMSTANCES UNDER WHICH WE WILL DISCLOSE ACCOUNT INFORMATION TO THIRD PARTIES: The Credit Union will disclose information to third parties about your account or transfers you made:
When it is necessary to complete the transfers;
- In order to verify the existence and conditions of your account for a third Party such as a credit bureau or merchant;
- In order to comply with a government agency or court orders, or If you give us written permission.
SUMMARY OF OUR ERROR RESOLUTION PROCEDURE IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS: In case of Errors or Questions About Your Electronic Transfers, telephone us at (718) 622-0623 or write us at CONCORD FEDERAL CREDIT UNION, 833 Gardner C. Taylor Blvd., Brooklyn, NY 11216, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
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
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation with 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. If we decide to do this, we will credit your account with 10 business days for the amount you think is in error, so that you will have the use of 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 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
- If you assert an error with 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days.
- If you give notice of an error within 30 days after your make (1) the first deposit to your account, or (2) notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 calendar days instead of 45 calendar days to investigate.
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (ESIGN), DISCLOSURE & CONSENT FORM
This Concord Federal Credit Union (hereinafter CFCU) Online ESIGN Disclosure (hereinafter “Disclosure”) applies to each Account(s) you have with CFCU where electronic statements are available.
- Definitions. The words “we,” “us,” and “our” mean the CFCU and the words ”I”, “you” and “your” mean you, the individual(s) who is identified on the account as the owner or authorized signer as the account holder on the Account(s). As used in this Disclosure, “Communication” means any periodic statement, authorization, agreement, disclosure, notice, or other information related to your Account, including but not limited to information that we are required by law to provide to you in writing.
- Scope of Communications to Be Provided in Electronic Form. You agree that we may provide you with any Communications relating to your Accounts in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
- Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail at the e-mail address you provide us, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we designate in advance for such purpose. Electronic statements will be available for viewing for at least 6 months.
- How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form for any of your Accounts by contacting us via email at [email protected] or contacting us at (718) 622-0623. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. Then paper statements will be sent via US Mail.
- How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) at our Web site on www.concordcares.org logged into home banking or by contacting us at (718) 622-0623.
- Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
- Personal Online Banking requires an Internet browser of Internet Explorer, Firefox, Chrome, Safari, or Microsoft Edge on the two most up to date platforms.
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
- Adobe Acrobat Reader that is most current.
- An e-mail account with an Internet service provider and e-mail software in order to receive our electronic communications; and
- A personal computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing electronic communications.
- Requesting Paper Copies. We will not send you a paper copy of any Communication from us, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made no later than seven years after we first provided the electronic Communication to you. To request a paper copy, contact us by telephone at (718) 622-0623. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to your authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
- Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of your CFCU Online Disclosures, and any changes to that authorization, and any other electronic communication that is important to you.
- Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (ESIGN), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications, including any applicable discount for receiving CFCU Online Disclosure. We will provide you with notice of any such termination or change as required by law.
- Electronic Consent. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service CFCU offers; or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Credit Union.
- Authorization. By authenticating below, you are acknowledging receipt of this document and agree to be bound by its terms. This will be effective immediately. By clicking on the "I Agree" button below, I acknowledge that I have read and agree to the terms in this "ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (ESIGN), DISCLOSURE & CONSENT FORM". This Agreement, including the validity of any signatures or consents, any claims, or any disputes arising hereunder shall be construed in accordance with and governed by the Laws of the State of New York.