“E-TELLER”Online Banking: Disclosure
E-Teller Service Agreement and Disclosure Statement
This agreement states the terms and conditions that apply when you use Members 1st Credit Union online Banking. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. By signing an application form, you agree to the terms and conditions of this Agreement.
DEFINITIONS "Credit Union", "Members 1st", "we", "us", or "our" refers to Members 1st Credit Union, and "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account with Members 1st Credit Union.
SECURITY. Members 1st Credit Union E-Teller transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. If your browser does not support 128-bit encryption, you will not be able to access E-Teller. Members 1st Credit Union web server does not connect directly to the Internet. It is buffered from the Internet through the use of firewalls and a service provider interface. All access from outside the credit union must go through these firewalls, which screens the requests and allows only valid http traffic to reach the server.
1. Hardware and Software Requirements. To be able to use E-Teller Online, you must provide your own personal computer with Internet access. E-Teller can be accessed through a basic web browser like Microsoft Internet Explorer or Netscape Navigator. (See Security above for encryption requirements.) You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation, and maintenance of your own personal computer and for all related costs. You are solely responsible for scanning the Hardware and the Software for computer viruses and other related problems before you use them.
2. The Accounts. You agree to use E-Teller solely for the services described in this Agreement. You may designate multiple accounts in conjunction with your E-Teller access, however, no accounts that require 2 or more signatures for withdrawal may have transfer privileges through E-Teller. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user. If you close or delete all accounts designated for Members 1st E-Teller, you will no longer be able to use E-Teller online.
3. E-Teller ID and PIN All Members 1st Credit Union E-Teller transactions or inquiries must be initiated by use of your E-Teller ID and PIN. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your PIN. No Credit Union employee will ever ask for your PIN, nor should you provide it to anyone unless you intend to allow that person access to your accounts. The only person that will be given information regarding E-Teller will be the member who signed the initial E-Teller online application. YOU AGREE TO KEEP YOUR PIN CONFIDENTIAL. USE OF THE PIN BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH MEMBERS 1ST CREDIT UNION E-TELLER.
If you authorize another person to use your PIN, that person can use Home- E-teller to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your PIN is strongly discouraged by Members 1st Credit Union, and done at your own risk.
If a third party should gain access to your PIN, you alone are responsible for changing the PIN so as to deny the third party's access to your account information. Given the electronic nature of these transactions, the Credit Union shall have no liability to you in the event a third party should gain access to your PIN through no fault of the Credit Union.
You should always exit E-Teller after you finish viewing your accounts. If you fail to correctly exit the system, E-Teller will automatically log you off after ten minutes of inactivity. Never leave your computer unattended while accessing Members 1st E-Teller. If you do, a third party may be able to access your accounts from your terminal, without ever needing to use your PIN.
4. Business Days. Business days for Members 1st Credit Union and E-Teller are Monday through Friday, excluding holidays. You may access the accounts through E-Teller 24 hours a day, seven days a week. Members 1st Credit Union may perform regular maintenance on our systems or equipment, which may result in interrupted service. We will attempt to provide notification in advance of interrupted service.
5. Online Services. You may use Members 1st Credit Union E-Teller to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
A. View account information;
B. View current transactions;
C. View range of transactions between dates;
D. Transfer funds from one account to another;
E. Pay Loans
You may perform management functions for your E-Teller online, including changing your PIN (Password).
You may download information about your accounts to certain financial programs like Quicken or Money or other spreadsheets. You are responsible for setup of this download in order for your financial program or spreadsheet program to accept it.
6. Transfers to and from Accounts. E-Teller transfers between accounts are considered 'electronic funds transfers' as defined in Regulation E. Some accounts have transfer limitations, as described in the account disclosure provided to you at the time the account was opened. Any limitations that apply to your account(s) regarding deposits, transfers and withdrawals also apply through E-Teller. You may use Members 1st Credit Union E-Teller to initiate electronic fund transfers from deposit accounts (checking or savings) to other deposit accounts or loan accounts. Transfers may not be made from loan accounts or time accounts (certificates of deposit).
Limitations. Your ability to initiate credit union transfers between accounts may be limited by federal law or by the terms of your agreement with us as described on each account's disclosure statement you received when that account was opened. You may obtain a new disclosure statement by contacting our credit union.
Your account must have sufficient funds in order for transfers to be completed. You can not post-date a transfer.
7. Account Information. You may use E-Teller to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). Because the information made available to you is 'posted data', it may not include transactions that have not yet been posted to your account for that business day. You will still receive your usual periodic printed statement of account.
8. Electronic Mail Service. If you need to contact us immediately to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any other reason, you should call us at 802-257-5131. We will not be responsible for acting on or responding to any e-mail request made through E-Teller until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of E-Teller
9. Additional Services. We may, from time to time, make additional services available through Members 1st Credit Union E-Teller. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services.
10. Fees and Charges. In consideration of our making the E-Teller online available to you, you agree to pay, and you authorize us to automatically debit to the applicable account for the following fees:
Access to Members 1st Credit Union E-Teller is furnished at NO CHARGE to the members. This includes viewing your accounts, current transactions, viewing a range of transactions between dates, transferring funds from one account to another and viewing previous statements. If there are any applicable debit fees as defined by the type of account you have, these fees will remain enforce. These fees were disclosed when you opened your account.
You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts, such as overdraft charges. Please refer to the brochure given to you at the time your account was opened.
11. Errors and Adjustments. We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit.
If you become aware of any errors on your accounts, notify the credit union immediately by calling 802-257-5131 or writing to the credit union.
12. Bank's Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on the account.
If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Members 1st Credit Union E-Teller are inaccurate or incomplete.
If any part of the Members 1st Credit Union E-Teller system was not working properly and you knew about the breakdown when you started your electronic fund transfer.
If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken.
If your funds are subject to legal proceeding or if any other claim restricts the transaction.
If your PIN has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized.
If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.
If the Deposit Account has been closed.
13. Limits on Bank's Liability. Our liability for electronic fund transfer made to or from accounts is also governed by Sections 12 and 14. If any provision herein is inconsistent with any provision of Section 12 or Section 14 or any provision of applicable law that cannot be varied or waived by agreement, the provisions of those Sections or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Members 1st Credit Union E-Teller service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Credit Union be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Credit Union has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Credit Union’s agent. The Credit Union's sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE CREDIT UNION WITH RESPECT TO ANY MEMBERS 1ST CREDIT UNION E-TELLER SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the Credit Union’s responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Credit Union's reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another Credit Union or financial institution to execute any Credit Union transfer or stop payment. In addition, the Credit Union shall be excused from any failure or delay in executing a Credit Union transfer, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Credit Union shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any Internet Access Service Provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Credit Union's agent.
14. Your Liability for Unauthorized or Erroneous Transfers. You have the obligation to immediately notify the credit union if your PIN has been lost or stolen, or if someone has transferred funds from your account through Members 1st Credit Union E-Teller without your permission (or is contemplating to do so). We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Credit Union of the unauthorized use of your PIN. Refer to your Credit Union statement for the time limitations for reporting unauthorized electronic transfers.
If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from an account without your permission contact our Credit Union immediately by calling 802-257-5131
15. Rejection of Transfers. Overdrafts. You acknowledge that the Credit Union may from time to time, in its sole discretion, reject any Credit Union transfer request or return any Credit Union transfer:
A. If there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen,
B. If the payment order does not conform to the terms of this Agreement,
C. If the information provided is insufficient to complete the request or
D. If the payment order appears to be a duplicate, but neither the Credit Union nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Credit Union or the Service Provider to do so.
If a payment order is rejected or a Credit Union transfer is returned, the Credit Union will notify you and you will have the sole obligation to remake the payment order in accordance with the terms of this Agreement and the Software. The Credit Union may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any Credit Union transfer or stop payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that the Credit Union will not have any liability whatsoever for refusing to accept or rejecting or returning any Credit Union transfer. If an overdraft occurs in a Deposit Account, you agree to pay the amount of the overdraft by deposit into or credit to the Deposit Account before the end of that business day. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.
16. Disclosure of Deposit Account Information to Third Parties. You agree that we may from time to time disclose to third parties information about your accounts or the transactions that you make through Members 1st Credit Union E-Teller. We will disclose information to third parties about your accounts or the transfers you make:
A. Where it is necessary for completing Credit Union transfers or stop payment or providing any other service in connection with Members 1st Credit Union E-Teller; or
B. In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
C. In order to comply with government agency or court orders; or
D. If you give us your written permission.
17. Amendment. We reserve the right to amend this agreement from time to time as necessary to include, but not limited to, changes in fees, liability, services, etc. Amendments to this agreement will be delivered to you and posted in our offices at least 30 days prior to effect, unless it is necessary to make immediate changes for security purposes, to comply with law, changes made by our Service Provider or as otherwise expressly provided in this Agreement.
18. Termination. You agree that we may cancel or restrict your use of Members 1st Credit Union E-Teller or any Members 1st Credit Union E-Teller service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Members 1st Credit Union E-Teller by completing a Change Request Form and mailing it to Member’s 1st Credit Union at PO Box 8245, N Brattleboro, VT 05304, or by dropping it off at the office location, 10 Browne Ct.
19. Other Agreements; Severability; Governing Law. In the event of any conflicts between this Agreement and the content of the software or any related materials regarding the Credit Union's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Florida, without regard to such States' rules regarding conflicts of laws. In the event of any conflicts between this Agreement and the content of the software or any related materials regarding the Credit Union's obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Florida, without regard to such States' rules regarding conflicts of laws.
20. Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and/or assigns of any party.
21. No Third Party Beneficiaries. This Agreement is for the benefit of you and the Credit Union and is not intended to grant, and shall not be construed as granting any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement.