1 Electronic Funds Transfer Agreement This Electronic Funds Transfer Agreement is the contract which covers your and our rights and responsibilities concerning the electronic funds transfer (EFT) services offered to you by FORUM Credit Union (Credit Union). In this Agreement, the words you and yours mean anyone who signs up for CU Online as applicants, joint owners, or any authorized users. The words we, us, and our mean the Credit Union. The word account means any one or more share and share draft accounts you have with the Credit Union. Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds transfer services described below. By using any EFT service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments of the EFT services offered. All references to "Internet Banking" reflect the CU Online services offered by FORUM Credit Union. CU Online Electronic Banking Service Internet Banking is available to most credit union account holders. You must be a primary or joint owner on an account to qualify. During the enrollment process you will create an Internet Banking Username and Password. This will be used to manage all of your consumer accounts at the credit union. By enrolling in Internet Banking, you certify that you: (a) are 18 years or older; (b) are a United States resident; (c) are legally capable of entering into contracts; and (d) have and will register Payment Account(s) in your name on which you are an account holder or Authorized user. You agree that some or all of the registration information you provide may be subject to verification by FORUM Credit Union at any time. At the present time, you may use Internet Banking to: Apply for a loan Transfer funds between your accounts and to other unrelated FORUM accounts Obtain balance information for your savings, checking, Loan and Certificate accounts Receive alerts regarding a variety of account activity Make loan payments from your savings and checking accounts Make bill payments to creditors from your account Place a stop payment on checks Reorder checks Correspond with FORUM Credit Union employees via secure If enabled, view monthly statements via online e-statements Download account information into financial management software programs for reconciliation View online check images If enabled, make deposits from your computer using your own scanning device and software we provide
2 Accessibility. Your accounts can be accessed using Internet Banking via a personal computer. Internet Banking will be available for your convenience 24 hours per day. This service may be interrupted occasionally for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access. Inactivity. Your home banking account will be considered "Inactive" after a period of 180 days without logging in. Users are automatically excluded from this list if they are signed up for e-statements or have pending Alerts or Transfers. It may be required to re-enroll for home banking after your account has been flagged inactive. Reg D Restrictions and Transfer Limitations. The Federal Government, through Regulation D, limits certain specific transactions to six (6) per month, per savings account. This includes any combination of the following transactions during any calendar month: Electronic transfers via CU Online and Tellerphone Withdrawal checks via Tellerphone Overdraft Transfers ACH Debits (electronic checks) Pre-authorized transfers (Health club dues, bill payments, etc.) A pre-authorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders, including those received through the Automated Clearing House (ACH). We may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend or close your account. If you reach your Reg D limit prior to month end and would like to request a transfer from savings, you have several options: 1.Visit a FORUM branch 2.Visit a CU Service Center. Click here for a nationwide list of centers or call Perform a transfer via ATM. Note: A fee may be incurred if performed at a non-forum ATM 4.Submit a signed request via mail. Attention: Member Services-PO Box 50738, Indianapolis, IN There is no limit to the number of inquiries you may make in any one day. Stop Payments (Personal Checks). A stop payment request will be processed immediately. This stop payment order will be effective for 12 months after the date accepted and will automatically expire after that period unless renewed. Business Days. Our business days are Monday through Friday, excluding holidays.
3 Security of Access Code. You agree not to give account access to any unauthorized individuals. If you authorize anyone to use your access code and security question responses, that authority shall continue until you specifically revoke such authority by notifying the credit union. You understand that any joint owner you authorize to use an access code and security question responses may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of this information and the credit union suffers a loss, we may terminate your Internet Banking access immediately. If you believe that someone may attempt to use Internet Banking without your consent or has transferred money without your permission, you must notify us at once by calling or toll-free x6299 during regular business hours. Electronic Statement Enrollment Agreement (Periodic Statements). Transfers and withdrawals made through Internet Banking or bill payments you make 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. You further understand that if you choose to sign up for CU Online, you elect to receive your free statements in electronic format. All accounts associated with your social security number will be subscribed to e-statements upon completion of your Internet Banking enrollment. To unsubscribe an account from electronic statements, go to the e-statements section of the Accounts tab once your are logged in. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all transfers to or from any savings, checking or Loan accounts as provided in this Agreement. Each joint owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to, make any transaction permitted under this Agreement. Each joint owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any transfers on any account from any joint owner. Communications. You agree to receive in electronic form this Agreement, and any updates to this Agreement, and all disclosures, notices, and any other communications regarding Internet Banking and your Internet Banking transactions. You may withdraw your consent to receive all these communications electronically only if you cancel your enrollment in Internet Banking by notifying us in writing. You agree that all electronic communications that we receive on the Internet Banking site or otherwise connected to Internet Banking, such as those directing us to take an action with respect to your account, that match Access information or other identity information you have provided when enrolling in or using Internet Banking will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications, shall be considered a "writing" or "in writing", and shall be deemed for all purposes (i) to have been "signed" and (ii) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. You also agree such copies shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
4 Security Alerts and Optional Communications. Internet Banking may offer both automatic security alerts and optional alerts and communications about your account and account transactions. Security alerts may be sent automatically for fraud protection reasons when certain important changes to your account occur. These alerts are part of the Internet Banking service and are not optional. In addition to security alerts, you may have the option to choose to receive additional alerts or communications regarding other Internet Banking and account activity, delivered by . You may be asked to select from contact options when you sign up for the optional communications. By signing up to receive any optional communications, you consent to delivery of such messages in the format selected (such as or prerecorded voice) to the contact points you identify. Both security alerts and optional communications are subject to the following: You are responsible for notifying us of any changes to your and telephone contacts to which communications are sent. To modify or cancel your optional communications, log into Internet Banking and change your selections in the appropriate area of the Website. If you provide us your mobile device number for security and/or optional communications, you expressly agree to receive those prerecorded messages at that number from us and our authorized agents, including with the use of an automatic dialer. Your full account number will not be included in any communication from us. However, communications may contain our name and information about your accounts. Depending upon the communication, information pertaining to account balance, transactions or payment due dates may be included. Anyone with access to your , mobile device(s), or telephone or telephone answering machine(s) or service(s) may be able to access the contents of the communication. It is your responsibility to secure these devices, protect your user name and password, and provide timely information about contact changes in order to protect the confidentiality of this information. You consent to any disclosures by FORUM that may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons. We strive to provide communications in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any communication. Communications may not reflect pending transactions or payments and may not be delivered immediately. If you require additional details about a transaction, you may log in to Internet Banking or contact us as specified on our Contact Us page. You agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication. Statement of Record. If you receive electronic or paper statements, any account information provided by Internet Banking is not the statement of record. The periodic statements provided to you electronically will be the statement of record. If you have chosen to have your statements mailed, your periodic statement that is mailed to your address of record will be the statement of record. In any case, you are responsible for reviewing any statement and other account communications that may be sent to you by postal mail. Any mailed statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through Internet Banking or have chosen to receive your statement electronically.
5 Member Liability. You are responsible for all transactions you authorize using your EFT Services under this Agreement. If you permit other persons to use an EFT service or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, notify us at once if you believe someone has used your access code or otherwise accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. If you tell us within (2) business days of discovery that someone accessed your account without your permission you can lose no more than $50. If you do not tell us within (2) business days after you learn that there has been unauthorized use of an EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you told us, you could lose as much as $500. Also, if your statement shows EFT transactions 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 be liable for the full amount if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as hospital stay) kept you from telling us, we will extend the time periods. If you believe that someone has transferred or may transfer money from your account without your permission, call us at In the event that you are unable to call, please write to: FORUM Credit Union, P.O. Box 50738, Indianapolis, IN Termination of CU Online Services. You may terminate this Agreement or any service under this Agreement at any time by notifying us in writing and stopping your use of any access code. We may also terminate this agreement at any time by notifying you orally or in writing. We may also program our system not to accept your access code for any service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any transactions made prior to termination. Notices. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners.
6 Fees Currently, we do not charge any fees for your use of Internet Banking, including viewing your account information and making bill payments. However, we reserve the right to charge a fee, in an amount to be determined by us, for your use of Internet Banking at any time. Depending on your account(s) and how you access Internet Banking, there may be charges for certain electronic funds transfer services. From time to time, the charges may be changed. We will notify you of any changes in fees as required by law. Please refer to the Rate and Fee Schedule and/or Addendum for applicable fees. You may incur charges for: Certain services which can be requested through Internet Banking such as ordering a paper copy of a statement or placing a stop payment on a check Telephone charges and/or Internet service fees resulting from your access to Internet Banking Errors and/or Questions In case of an error and/or question about your electronic transfers or payments, or if you believe an unauthorized transfer of funds has been made, you should notify us by one of the following methods: 1.Send a secure via the CU Online Message Center 2.Telephone us at or toll free x6299 during regular business hours 3.Write to us at: FORUM Credit Union PO Box Indianapolis, IN Attn: CU Online Department If you think that your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than sixty (60) days after you receive the first statement on which the problem or error appeared. You must: 1.Give us your name and account number; 2.Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need additional information; 3.Give us the Confirmation number of the transaction in question (if available), and; 4.Give us the dollar amount of the suspected error.
7 If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days. We will inform you of the result of our investigation 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 the complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you may have 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 provisionally credit your account. If your account has been open for less than 30 days, we can take up to 20 days to provisionally credit your account while we are investigating. If necessary, we will notify you within three (3) Business Days after we finish the investigation. General Legal Information Disclosure of Account Information to Third Parties. We will disclose information to third parties about your account or the transfers you make only in the following situations: Where it is necessary for completing transfers; In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; In order to comply with a governmental agency or court orders; If you give us your written permission. Merchant or Payee Limitation. Internet Banking reserves the right to refuse to pay any person or entity to whom you may direct a payment. Internet Banking is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court related payments, which are prohibited under this Agreement. Disputes. In the event of a dispute regarding Internet Banking, you and Internet Banking agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and Internet Banking which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Internet Banking relating to the subject matter of this Agreement. If there is a conflict between what one Internet Banking employee says and the terms of this Agreement, the terms of this Agreement shall control. Data Recording. When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or our service provider. You consent to such recording or other retention. Without limiting the above, you agree that we may record the conversations our employees or agents have with you or your agents to ensure your instructions are followed and monitor quality of service and accuracy No Waiver. FORUM 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 an authorized officer of the credit union. No delay or omission on the part of Internet Banking in exercising any rights or remedies shall operate as a waiver of such rights or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
8 Governing Law. This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of share draft and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located. Enforcement. You are liable to us for any loss, cost or expense we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.