EquiShare Credit Union

Online Banking/Estatement and Mobile Banking Agreement

YOU ARE PREPARING TO RECEIVE REQUIRED CONSUMER DISCLOSURES IN AN ELECTRONIC FORM THEREFORE, THIS AGREEMENT SERVES THE FOLLOWING TWO PURPOSES:

  1. TO OBTAIN YOUR AFFIRMATIVE CONSENT TO RECEIVE THE REQUIRED CONSUMER DISCLOSURES IN ELECTRONIC FORM AND PROVIDE YOU WITH A CLEAR AND CONSPICUOUS STATEMENT ABOUT YOUR RIGHTS IN REGARD TO RECEIVING ELECTRONIC CONSUMER DISCLOSURES AS OUTLINED IN THE ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE (E-SIGN) ACT, AND;
  2. TO PRESENT YOU WITH THE REQUIRED CONSUMER DISCLOSURES FOR EQUISHARE UNION ONLINE BANKING/ MOBILE BANKING AND  ESTATEMENTS.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURE

BY CLICKING THE "I AGREE" BUTTON BELOW YOU ARE AFFIRMATIVELY CONSENTING TO RECEIVE THE REQUIRED DISCLOSURE IN ELECTRONIC FORM.

ELECTRONIC COMMUNICATIONS

Equishare Credit Union Online Banking/Mobile Banking and eStatements is an electronic internet based service ("Service"). Therefore, you understand that this Agreement will be entered into electronically.

  1. You have the right to have this disclosure provided or made available on paper or in non-electronic form;
  2. You have the right to withdraw the consent to have the disclosure provided or made available in an electronic form, but this will result in the termination of your Equishare Credit Union Online Banking and eStatements;
  3. The consent to receive electronic consumer disclosures applies to all future required consumer disclosures in connection with Equishare Credit Union Online Banking and eStatements;
  4. You understand that to access and retain this disclosure and to use Equishare Credit Union Online Banking and eStatements, you must have the following: a PC with an Internet browser that has "cookies" enabled and supports 128 bit encryption, an Internet connection for the PC, an e-mail address, and either a printer or sufficient electronic space to store this disclosure.

ELECTRONIC CONTACT INFORMATION

In order to keep you informed of changes to this disclosure, we must distribute the new disclosure to you when changes are made. We will distribute the new disclosure via an in-session message to your online banking profile within your Equishare Credit Union Online Banking and eStatements or to the email address you register with Equishare Credit Union Online Banking and eStatements. In order to ensure timely notification of any changes, please notify us on a timely basis of a change in your email address or physical mail address.

INTRODUCTION

This Your Equishare Credit Union Online Banking and eStatements Agreement ("Agreement") is between the financial institution and each user who has enrolled in Your Equishare Credit Union Online Banking and eStatements, together with any person you have authorized to use or access Equishare Credit Union Online Banking and eStatements on your behalf. The words "you" and "yours" mean those who complete the application online. The words "we", "us", and "our" mean EquiShare Credit Union located at 405 E Central, Wichita, KS, phone number 316-263-6171.

SECTION I - SERVICE DESCRIPTION, REQUIREMENTS and FEATURES

AVAILABILITY

Your Equishare Credit Union Online Banking and eStatements is generally accessible 24 hours a day, seven days a week. If a request to transfer funds through Equishare Credit Union Online Banking or Mobile Banking is completed before 7:00 p.m. on a Business Day, the transfer will be posted to your Account as of the same Business Day. If a request to transfer funds is completed after 7:00 p.m. on a Business Day or anytime on a Saturday, Sunday or holiday, the transfer will post to your Account as of the following Business Day. Equishare Credit Union Online Banking and eStatements may be inaccessible for a reasonable period to perform system maintenance or backup procedures. We reserve the right to suspend or terminate access to Equishare Credit Union Online Banking and eStatements for any reason without notice. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts.

Requirements

You must be a member in good standing and agree to the terms and conditions of EquiShare Credit Union’s Online Banking/Estatement and Mobile Banking Agreement.

To use Online services, you need a computer with Internet access and a web browser that supports 128-bit encryption such as Microsoft Internet Explorer 9 or above; Firefox 25 or above, or Chrome 31 or above or Safari 5 or above.

EquiShare Credit Union is committed to providing the most secure Online service. When you interact with EquiShare Credit Union on this secure site, all the information is encrypted or encoded. Encryption is a procedure for turning plain text or other information into an unrecognizable pattern of data. 128-bit encryption is the strongest form of Web browser encryption commonly available for use on the Internet, and you must use a browser that supports 128-bit encryption to access your accounts.

You are responsible for the set-up and maintenance of your computer and modem. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Online Banking Services.

By completing the online registration, you agree to the terms and conditions governing your and our rights and responsibilities concerning the electronic funds transfer service. Electronic funds transfers (EFT) are electronically initiated transactions involving your deposit and loan accounts at the Credit Union through your personal computer.

Access

Upon approval, you may use your personal computer to access your accounts. You must use your user name and password to access your accounts.

Authorized Use

You can use the Online service to access all accounts that are linked to your social security number. Members that are joint owners on other accounts will also have access to those accounts.  At your request, you may remove your ability to view online any account or sub-account that has your social security number.

At the present time, you may use the following Online services:

Transfers - You may make transfers to your EquiShare Credit Union accounts or other EquiShare Credit Union accounts that you are authorized on as often as you like except for those accounts with transfer limitations as disclosed when you opened the account and any amendments to that disclosure. Transfers and bill payments from your savings and club accounts will be limited to a total of six (6) (Federal Regulation D) in any one calendar month. You may transfer or withdraw up to the available balance in your account at the time of the transfer, except as limited under this Agreement or your deposit. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Transactions involving your accounts will be subject to the terms of your Membership and Account Agreement; and transactions involving a line of credit account will be subject to your Credit Agreement and Disclosures.

Apply for a Loan - You may make an application for a loan. You will be notified by telephone of the disposition of your application. Declined loans will be mailed an Adverse Action Notice.

Request a Check - You may request a check withdrawal from any savings, checking or club account (excluding IRA and Certificate of Deposits). A check will be issued payable to the member and all joint owners, and mailed to the address on record at the Credit Union.

Reorder Checks - You may reorder additional checks in the same format as your last order from us.

E-mail - You may send communications directly to the Credit Union. However, the Credit Union may not immediately receive e-mail communications that you send and the Credit Union will not take action based on e-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at 316-263-6171.

Change Email – Use the settings link to change your email.

Change Password - You may select a new password for your account access at any time. Use the settings link to change your password.

Billpay Service - You may pay bills.

Quicken or Microsoft Money - You may download your account information to financial management software programs, if applicable.

Security of User Name and Password

You are responsible for safekeeping of your user name and password. You agree not to disclose or otherwise make your user name and password available to anyone not authorized to sign on your accounts. If you fail to maintain the security of your user name and password and EquiShare Credit Union suffers a loss, we may terminate your Online account services.

Definitions:

Business Day Definition

Business Day means any day other than a Saturday, Sunday or holiday.

Account Definition

Account includes a Credit Account or Deposit Account, you have or may have that you have designated for access under the Service and which is an Eligible Account. The applicable Account Disclosure Information booklet, Important Account Information for Our Members, also governs each of your Accounts.

 

SECTION II - WARRANTIES AND RESPONSIBILITIES AND LIABILITIES

MEMBER RESPONSIBILITIES AND WARRANTIES

SECURITY

You are responsible for keeping your username, password, and account data confidential. You agree not to disclose or otherwise make your user name available to anyone not authorized to sign on your accounts.  If you fail to maintain the security of your user name and password and EquiShare Credit Union incurs a loss, we may terminate your Online Banking Services.  Revealing your user name and password will grant access to those accounts by unauthorized individuals.

To ensure the security of your Online account, we will return you to the Log On screen if no activity has occurred within twenty (20) minutes.

 We are entitled to act on transaction instructions received through your username and password. Our staff are entitled to act on instructions after they have properly authenticated the caller according to our internal procedures.

JOINT ACCOUNTS

If any of the accounts that you register on Equishare Credit Union Online Banking and eStatements is a joint account, you confirm that your joint account holder has consented for you to register and use that account with Equishare Credit Union Online Banking and eStatements as previously disclosed on the Membership and Account Agreement.

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 e-mail address or other information changes. You warrant that you will not use Equishare Credit Union Online Banking and Mobile Banking for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement.

REPORTING UNAUTHORIZED TRANSACTIONS

You must notify us immediately if you believe your user identification and password have 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 Member Services at 316-263-6171; write: Equishare Credit Union, 405 E Central Wichita, KS 67202; or e-mail: help@equishare.org.

MEMBER’S LIABILITY

You are responsible for all transfers you authorize under this Agreement. If you permit other persons to use your user name and password, you are responsible for any transactions or requests they conduct on your accounts.

You must tell us AT ONCE if you believe your user name and/or password have been lost, stolen or compromised. Under Federal law, if 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 password without your permission. Telephoning is the best way of keeping your possible losses down.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your user name or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows Online Banking transfers that you did not make, you must tell us at once. If you do not tell us within sixty (60) days after the FIRST statement was sent to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making unauthorized transfers if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend these time periods.

Your role is extremely important in the prevention of any wrongful use of your account. You should immediately change your password if you think it has been compromised. You must promptly examine your account statements upon receipt. If you find that your records disagree with ours, you must call Member Services immediately at 316-263-6171.

RESOLVING ERRORS OR PROBLEMS

If you think your statement or confirmation is wrong or if you need more information about a transfer listed on the statement or confirmation, contact us by telephone at 316-263-6171 or write us at Member Services, Equishare Credit Union, 405 E Central Wichita, KS 67202 as soon as you can.

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 we will need the following information:

  1. Your name and account number;
  2. A description of the error or the transfer you are unsure about, and an explanation as to 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, we may require that you send us your complaint or question in writing within ten (10) business days

We will determine whether an error has occurred 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 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.

 *If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of ten (10) business days to investigate the error.

 **If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate the error.

 NOTE: if the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit  within ten (10) business days.

EQUISHARE CREDIT UNION RESPONSIBILITIES

If we do not complete a transfer to or from your account or cancel a transfer as properly requested 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 to our liability for processing transactions on your account. We will not be liable in the following instances:

  1. If through no fault of ours, you do not have enough money in your account to make the transfer, your account is blocked or inactive, or the transfer would go over the credit limit on your line of credit;
  2. If you used the wrong password or you have not properly followed any applicable computer or Credit Union user instructions for making a transfer;
  3. If your computer fails or malfunctions or the Online Banking service was not properly working and such problem should have been apparent when you attempted such transaction;
  4. If circumstances beyond our control (such as fire, flood, telecommunication outages, strikes, equipment or power failure) prevent making the transaction;
  5. If funds in your account are subject to an administrative hold, legal process, or other claim;
  6. If you have not given the credit union complete, correct, and current instructions so the credit union can process a transfer or in event we receive conflicting information;
  7. If the error was caused by a system beyond the Credit Union's control such as a telecommunications system, web browser, your personal financial management software, or Internet Service Provider; or
  8. If there are other exceptions as established by the Credit Union.

NOTICES

The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail or email notice to you at least thirty (30) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

Fees and Charges

Currently there are no fees to use Online Banking.  All standard fees (NSF, Stop Payment, etc.) set forth in our schedule of fees apply. EquiShare Credit Union reserves the right to charge for Online account access or transactions in the future. You will be given at least 30 days advance notice before EquiShare Credit Union implements any changes to fees or adds any new fees for Online service. If we initiate any legal action to collect money owed under this Agreement, including any counterclaim, you agree to pay all costs incurred by Equishare Credit Union for such action, including any reasonable attorney's fees.

Right to Receive Statements

All of your Online transactions will appear on your regular account statement. The Credit Union will not provide separate documentation of this activity. You may print the confirmation of each transaction from your computer screen for your records.

 

E-Statement Enrollment

ESTATEMENTS

The Board of Governors of the Federal Reserve System has published a permanent rule amending Regulation DD, which implements the Truth in Savings Act. This permanent rule allows depository institutions to deliver Regulation DD disclosures on periodic statements in electronic form if the consumer agrees.

By accepting this agreement, you authorize Equishare Credit Union to deliver all future monthly or quarterly account statements including statement stuffers, change in account terms notifications and disclosures by electronic means. You understand that ECU will notify you via e-mail when statements are available for viewing over a secure web site. If you change your e-mail address you must change your registration information, and if you fail to do so, you will no longer receive notification. You will still be able to view your statements by logging in to online banking. You understand you will not receive paper statements via postal mail as long as you are enrolled in e-Statements. You may view your electronic statements, as many times as you wish for a period of 1 year after the statement is issued or save them as a PDF file.

Obtaining a Paper Copy

You may print your e-Statement as many times as you wish free of charge. You may request a paper copy by contacting one of our Member Service Representatives at 316-263-6171 (copy fees will apply).  You may also withdraw your consent to receive electronic statements.

Account Information Disclosure

We will disclose information to third parties about your account or the transfers you make:

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. if you give us written permission

Termination of Electronic Fund Transfer Services

You agree that we may terminate this Agreement and your electronic fund transfer services if you, or any authorized user of your Online services or password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. Online  services may be terminated to those members that cause a loss to the Credit Union.

Governing Law

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Kansas where you opened your account and the By-laws of the Credit Union as they now exist or may hereafter be amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.

Enforcement

You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you.

 

ONLINE SERVICE TERMINATION

We may terminate your access to Equishare Credit Union Online Banking and eStatements (i) if you have not accessed the service in longer than 3 months with no initial login or 6 months of inactivity, (ii) notification of undeliverable or invalid email or (iii) for any reason, at anytime.

Termination of online services will have no effect on the liabilities and obligations you assume under this Agreement, your Membership and Account Agreements, or any other agreement with us.

Mobile Banking

Mobile Banking is offered to members using Online Banking and using the mobile devices as outlined below.

Features of Mobile Banking may change in the future.  Any changes to Mobile Banking will also be governed by this agreement and by any terms and conditions provided to you, electronically or otherwise at the time any changes are made. Amendments, modifications or cancellation of Mobile Banking may occur without notice, except where required by law.

Equipment Requirements

Mobile Banking is accessed by a mobile device including cellular phones or other mobile devices that are web-enabled and allows secure SSL traffic which is also capable of receiving text messages.  You must obtain at your own expense compatible hardware and software as specified by the Credit Union to use the Service.  Use of the software is subject to acceptance by you and your acceptance of the terms and conditions of the software agreement you enter into directly with the third party software provider.  EquiShare Credit Union is not responsible for this software. You agree to accept responsibility to learn how to use Mobile Banking including any future changes and to contact us directly if you have any problems.  You are solely responsible for the proper use of your device.  We will not be liable for any losses caused by your failure to properly use the Service or your device.  You agree to take precautions to ensure the safety, security and integrity of your account and transactions while using Mobile Banking and will not knowingly transmit malware or allow unauthorized access to your account or device.  The Credit Union will not be liable to you if you fail to do so.

Your wireless carrier may assess you fees for data or text messaging services.  Please consult your wireless plan or provider for details.

Service Interruption

From time to time service interruptions or technical difficulties may occur.  We will attempt to make notifications of these interruptions in Service.  We do not assume responsibility for any technical or other difficulties or any damages that you may incur.

Mobile Banking Limitations

We reserve the right to limit the type of accounts available through the Mobile Banking as well as the number and amount of transactions.  We have the right to refuse or reject any transaction you request and we also reserve the right to modify the Service at any time.  The Credit Union is not responsible if Mobile Banking is not accessible in any way or by any reason by your wireless carrier or is not supported by your mobile device.  EquiShare Credit Union reserves the right to decline use of the Service.

Mobile Banking Transfers

You may use Mobile Banking to make payments and transfer funds between eligible EquiShare Credit Union accounts.  You may not access funds not in your name or at another financial institution using Mobile Banking. You must have sufficient funds available in the selected account at the time of the transfer request, including any available overdraft protection.  Unless you have opted out of our overdraft programs you agree to be charged any associated fees and to bring any overdrawn account to a positive balance within the previously disclosed period of time. Federal regulations limit the types of withdrawals from some accounts.  Please consult your Membership agreement and disclosures. You agree to confirm the completion of transactions before accessing the funds.

Mobile Banking Errors.

Errors involving Mobile Banking transactions are covered by the Error Resolution previously outlined.

Mobile Banking Termination

Mobile Banking may be terminated at any time or any reason. This Agreement may be revoked or suspended by us if you breach any terms of the Agreement, use the Service for unauthorized or illegal purposes or use the Service in a manner violating the terms of your Member Services Agreement or any other agreement with us.