ONLINE BANKING AGREEMENT AND DISCLOSURE

This Online Banking Agreement and Disclosure (Agreement) describes your rights and obligations as a user of Online Banking. It also describes the rights and obligations of the ProFinance Federal Credit Union (Credit Union). Please read this Agreement carefully. By requesting and using online banking, you agree to comply with the terms and conditions of this Agreement, the Membership and Account Agreement, Electronic Funds Transfer Agreement, Rate and Fee Schedule, and any change of terms notices.

DEFINITIONS

The following definitions apply in this Agreement:

  1. "Authorized Representative" refers to a person with authority (with respect to the account);
  2. "ISP" refers to your Internet Service Provider;
  3. "Online Banking" is the Internet-based service providing access to your Credit Union account(s);
  4. "Online Account" means the account from which you will be conducting transactions using a Service;
  5. "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
  6. "Time of day" references are to Central Time;
  7. "User ID" is your account number for the initial sign-on, or the unique User ID that you select after the initial sign-on, that establishes your connection to the Service;
  8. "Password" is the Credit Union-generated code for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service;
  9. “Enhanced Login Security” is an online security feature that provides an additional layer of protection from fraud and identity theft by preventing unauthorized access to your secure financial information. Enhanced Login Security uses technology to verify your identity;
  10. “Business days” is Monday through Friday. Holidays are not included;
  11. "We,” "us," or "Credit Union" refer to ProFinance Federal Credit Union which offers the Services and which holds the accounts accessed by the Services; and
  12. "You" or "your" refers to the owner of the account or the authorized representative.

ACCESS TO SERVICES

You will gain access to Online Banking through the use of your Internet-enabled device, your ISP, your User ID and your Password. You may access Online Banking Accounts twenty-four (24) hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software. We agree to post notice of any extended periods of non-availability on the Credit Union’s website at https://www.profinancefcu.cue-orb.com/login.

ONLINE BANKING TRANSACTIONS

Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds between your checking, savings and club accounts. Transfers to a mortgage loan must be the full payment amount; no partial payments will be accepted. Note: Because regulations require the Credit Union to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

Savings Account. You may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a pre-authorized or automatic transfer, telephone order or instruction or similar order to a third party. If a transfer request would exceed the transfer limitations in any statement period, the Credit Union may refuse or reverse the transfer, and your account may be subject to charges or closure by the Credit Union.

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.

Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for automated teller machine (ATM) and debit card transactions and our Funds Availability Policy.

Additional Services. New services may be introduced for Online Banking from time to time. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

SCHEDULE OF FEES

There are certain charges for Online Banking services as set forth on our Rate and Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.

PERIODIC STATEMENTS

Transfers, withdrawals, and bill pays transacted through Online Banking will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

SECURITY OF ONLINE BANKING CREDENTIALS

You are responsible for keeping your User ID, password, Enhanced Login Security and any other 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, User ID, Password, or other means to access your account;
  • Do not mark a public computer as your private computer if you want extra security protection;
  • Do not leave your PC unattended while you are in 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 email system.

If you believe your User ID and Password have been lost or stolen, please use the Change Password and/or Change User ID feature under User Options within Online Banking.

LIABILITY FOR UNAUTHORIZED ACCESS

You are responsible for all transfers you authorize under this Agreement. If you permit other persons to use your Online Banking password or other means to access your account, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your User ID and/or password or accessed your accounts through Online Banking without your authorization.

If you tell us within two (2) business days, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account, 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 five hundred dollars ($500.00).

In any event your liability for unauthorized line of credit transactions through Online Banking is fifty dollars ($50.00). Also, if your statement shows Online Banking transfers that you did not make, tell us at once.

If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If you do not tell us within sixty (60) days after you receive the statement, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If you believe that someone has used your Password or has transferred or may transfer money from your account without your permission, call the Credit Union at: (219) 736-5767 or toll free 888-313-3278 or write us at:

ProFinance Federal Credit Union

7700 Broadway

Merrillville, IN 46410-4722

SECURE EMAIL MESSAGE THROUGH ONLINE BANKING

If you send the Credit Union an Online Banking secure message, the Credit Union will deem to have received it on the following business day. 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: Email 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, Password, account information, etc. via any general or public email system. If you wish to contact us electronically, please use secure email provided in our Online Banking site. Use this secure method to email the Credit Union regarding inquiries about an electronic funds transfer error resolution, address changes, stop payments, reporting unauthorized transactions, or contacting the Credit Union regarding other concerns of a confidential nature.

BUSINESS/ORGANIZATION ACCOUNTS

If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

  • enter into this Agreement, as amended from time to time;
  • access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
  • use any Online Banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

TERM AND TERMINATION

Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

Termination for Cause. We may immediately terminate your Online Banking privileges without notice to you under the following circumstances:

  • you do not pay any fee required by this Agreement when due; or
  • you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.

We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

Termination for Convenience. To terminate this Agreement, you must notify the Credit Union and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). You may notify the Credit Union by one of the following methods:

  • By calling 219-736-5767 or toll free 888-313-3278
  • By writing a letter and either sending it to the following address: Attention: ProFinance Federal Credit Union, 7700 Broadway, Merrillville, IN 46410-4722, or giving it to a Member Service Representative at the Credit Union's branch location.

LIABILITY

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 Online Banking. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. However, we will not be liable:

  1. If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
  2. If you used the wrong Password, or you have not properly followed any applicable computer, Internet access, or our user instructions for making 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, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
  5. If the funds in your account are subject to a hold, block, legal proceeding or other encumbrances restricting the transfer.
  6. If your transfer authorization terminates by operation of law.
  7. If you believe someone has accessed your accounts without your permission and you fail to notify the Credit Union immediately.
  8. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
  9. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  10. If we have a reasonable basis for believing that unauthorized use of your Password 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.
  11. If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking.

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 Microsoft (Microsoft Internet Explorer browser), Apple (Safari browser), Google (Chrome browser), Mozilla (Firefox browser) or others, 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.

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 PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

GENERAL TERMS AND CONDITIONS

ProFinance Federal 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 Online Banking is your acknowledgment that you have received these Agreements and intend to be bound by them.

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 have to 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.

Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.

Disclosure of Information. We shall disclose information to third parties about your account(s) or the transactions you make:

  • Where it is necessary to complete transactions or investigate transaction errors and verify transactions.
  • Where we have third parties provide services on our behalf.
  • In order to verify the existence and standing of your account(s) with us upon the request of a third party, such as a credit bureau, merchant or Biller.
  • In accordance with your written permission.
  • In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports.

UNLAWFUL USE OF FINANCIAL SERVICES

Any financial service available through the Credit Union may be used for any transaction permitted by law. You agree that illegal use of any financial service will be deemed an action of default and/or breach of contract, and such service and/or other related services may be terminated at the Credit Union's discretion. You further agree, should illegal use occur, to waive the right to sue the Credit Union for such illegal activity directly or indirectly related to it. You also agree to indemnify and hold the Credit Union harmless from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use.

NO WAIVER

The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Credit Union. No delay or omission on the part of the Credit Union shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as the bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

APPLICABLE LAW

The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions, and federal law.

ACCEPTED AND AGREED

Clicking on the Accept button indicates you agree to accept the terms and conditions of this Agreement.

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