TruMark Financial Credit Union 1000 Northbrook Drive Trevose, PA 19053

Transcription

1 TruMark Financial Credit Union 1000 Northbrook Drive Trevose, PA Internet Teller Agreement/Disclosure This Agreement describes your and our rights, responsibilities and obligations with regard to the use of Internet Teller. This Agreement also includes certain disclosures for electronic fund transfers. In this agreement, the words we, us or our mean TruMark Financial Credit Union ( TruMark Financial ) as appropriate and their successors or assigns. When we use the words, member, you or your we mean each person who has applied and enrolled in Internet Teller to access an account or other relationship with TruMark Financial and any person authorized to use such access. Definition of Terms Account An account is a checking, savings, or money market deposit account that you have with us. Business Day Business days are Mondays through Fridays, not including holidays. Eligible Account Eligible accounts are any account from which you may make withdrawals or transfers without the consent of any other person. Account Transfers Our service that allows you to transfer funds between your eligible accounts or from your eligible account(s) including your loan accounts. Funds Transfers This is a third party provider service (under separate agreement) where you can transfer funds between your eligible accounts with TruMark Financial and other financial institutions. Bill Payment This is a third party provider service (under separate agreement) where you can pay third parties via check or electronic transfer to pay utilities or other payments. Internet Teller Services The information, communication and transactions services provided to you by us from time to time through our designated website and third party providers. These services include, but are not limited to the following: account information, account transfers, funds transfers, bill payments, stop payments, check inquiry and check reorder for your account(s) established at TruMark Financial, or any products or services offered by or through TruMark Financial and the designated third party providers. Loan Account Any loan that you have with TruMark Financial Member in Good Standing You are a member of TruMark Financial who has a balance of at least $5 and who has not caused any losses for TruMark Financial. Page 1-1/13/15

2 Agreement for Use of Internet Teller This agreement is in addition to other agreements between you and us, and our third party providers, including your checking, savings, and other deposit account agreements (which we provided in the deposit agreement and disclosures), your credit card agreements, your overdraft protection and line of credit agreements and loan agreements. If there is a conflict between the terms and conditions of these agreements and the other agreements between you, our third party providers, and us this agreement will control with respect to Internet Teller. Login and Password When you enroll in Internet Teller you will need to select a username and password the first time you log on. Just follow these steps: You will be prompted to choose a new unique Username. You will choose a NEW complex password. Never use any personal information, your current account or your Social Security number as your password. Your password MUST consist of the following: o Eight characters, which must contain: A number, such as 1, 4, 5, 0 A special character such as, # $ % ^ & or * o For Example: A simple phrase such as: I love Internet Teller! can be translated into ILov3IT! At this time you will select a challenge question for additional fraud protection. This superior technology protects your identity on whatever computer you are using whether you are at home, at the office, or on the go. Your accounts are protected from unauthorized access. We highly recommend you maintain an anti-virus program on your home computer system, and regularly scan your system for malware and other viruses that may compromise your username and password. TruMark Financial is not liable for any failure due to virus or other intrusion to your home PC. Setup and Use of Internet Teller Eligibility In order to be eligible and maintain eligibility for Internet Teller, you must have at least one eligible account with us and you must be and remain a member in good standing of TruMark Financial. You must also designate a password. We may require you to change your password from time to time for security reasons. By using Internet Teller, you and joint account holders or other persons you authorize to use your password agree to the terms of this agreement. Security of Your Password You agree to keep your password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Internet Teller. In order to maintain secure communications and reduce fraud, you agree to protect the security of your password and any other numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Internet Teller services to maintain or restore security to our website and systems, if we reasonably believe your access codes have been, or may be obtained, or are being used, or may be used by an unauthorized person(s). Keep your password in a secure location if you have to write it down; it is best to remember your password and not write it down if you can. Any person having access to your Internet Teller password will have the ability to access Internet Teller and perform all transactions, including reviewing your account information and making transfers to other accounts. Page 2-1/13/15

3 Account Access Internet Teller Services are generally accessible 24 hours per day, seven (7) days a week, except when Internet Teller services may be inaccessible for a reasonable period for system maintenance. We are not liable for failure to provide access due to a system failure or due to other unforeseen acts. We may modify, suspend, or terminate access to Internet Teller Service at any time and for any reason without notice or refund of fees you have paid. Multiple Accounts If you have more than one eligible account, loan account or other relationship with us, we will link the relationships together. Accounts, which are linked under the Internet Teller services, must have one common owner and signer. An account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an eligible account. If you close your eligible checking account designated by you as the Account out of which we will make bill payments on your behalf, any unprocessed bill payment transactions will be cancelled. Equipment and Software To use Internet Teller Services, you need a computer with a modem and a web browser (such as Microsoft Internet Explorer, Mozilla Firefox, Safari (Apple, Inc. browser), or some other browser. You are responsible for the set-up and maintenance of your home computer and modem. We are not responsible for any errors or failures or any malfunction of your computer; this includes any virus, worms, Trojan horses, malware or other harmful components downloaded by you, or other problems related to the use of the Internet, or Internet Teller services. We are not responsible for any error, damages or other losses you may suffer due to malfunction or misapplication of any system you use, including your browser; including, your internet service provider, your software or any equipment you may use, including your telecommunication facilities, computer hardware and modem, to access or communicate with the Internet Teller services. Limitation of Liability Disclaimer of Liability You are responsible for the correct set-up and installation of the Internet Teller Services software. Neither we nor any of our service providers are liable for damages, whether direct, indirect, special or consequential or otherwise, including economic, property, personal or other loss or injury, whether caused by hardware or software or system-wide failure arising or resulting from the use or maintenance of the equipment, software or other items necessary to operate the Internet Teller services. Disclaimer of Warranties Warranties of Fitness and Merchantability We make no warranty, express or implied, to you concerning Internet Teller services including, but not limited to, any warranty of fitness or merchantability for particular purpose unless disclaiming such warranty is prohibited by law. Computer Related Warranties We are not liable for any computer virus or computer related problems, which may be attributable to Internet Teller services. Internet Teller Services Account Access Obtain account information such as your account balance. Your account balance is generally current as you use Internet Teller services; however, it may not include current transactions Page 3-1/13/15

4 such as checks cashed at a teller or automated teller withdrawals or deposits made on the same day. In addition, your account balance may show funds that have been credited to your account but that are not available for withdrawal. You may also obtain account summaries, interim statements, and lists of transactions in your eligible account(s) occurring as much as twelve (12) months prior to the day on which you use Internet Teller Services. Account Transfers Make account transfers to and from any of your eligible account(s), including your loan accounts. Transfers conducted via Internet Teller services by 8:00pm eastern standard time on a business day are posted to your account on that business day. Transactions conducted after 8:00pm or on a day other than a business day are posted to your eligible account on the next business day. Bill Payment See the disclosure information regarding bill payment on the Internet Teller website. Funds Transfers See the disclosure information regarding external funds transfer on the Internet Teller website. Additional Information about Internet Teller Services Limitation on Frequency of Transfers and Access to System Transfers from any eligible savings account, except your eligible checking account, are limited to six (6) per month in any combination of the following: transfers to other TruMark Financial accounts (including transfers to other accounts owned by you); overdraft transfers; and preauthorized transfers. TruMark Financial reserves the right to further limit transfers as required by federal law and regulation. You can use Internet Teller services to access your accounts unlimited times each month. You will be denied access to Internet Teller services if you enter the incorrect password or other requested information. The number of attempts permitted before access is denied is not revealed for security reasons. You will be denied access to Internet Teller services if your password has been invalidated (for example, if we have been notified that your password has been lost or stolen) and you have not yet selected and activated a new password. Processing Account Transfers If there are insufficient available funds in your Eligible Account to make the transfers or payments you have authorized, we may refuse to make the transfer or payment or we may make the transfer or payment and overdraw your Eligible Account. In either event, you are responsible for any nonsufficient funds and overdraft charges that may apply. If we choose to overdraw your account in some cases, we are not obligated to make that choice for other transactions. Fees On-line Fee There are no fees for enrolling in or using Internet Teller services. However, TruMark Financial reserves the right to assess fees and charges for the enrollment in and use of Internet Teller services in the future. In the event that we decide to assess fees and charges for the use of Internet Teller services, we will give you at least 30 days notice of the implementation of such fees and charges in addition to any other notices required by law. Bill Payment Fees Please see the bill payment disclosure for any fees related to bill payments. Page 4-1/13/15

5 Funds Transfer Fees Please see the external funds transfer and the service fee disclosure for any fees related to funds transfers. Parties Responsibilities Your Responsibility/Authorized Use of Services by Other Persons You are responsible for all transfers and Payments you authorize using Internet Teller services. You are also responsible for keeping your login and password confidential. If you give your login and/or password to someone else to use for any reason, you are authorizing him/her to act on your behalf and you will be responsible for any transaction(s) in any amount or manner that he/she authorizes using Internet Teller services, even those transactions that exceed your grant of authority. You are responsible for any transactions made by such persons until you have notified us in writing that you have revoked the authorization and have changed your password and we have a reasonable opportunity to act upon the change of your Password. Internet Teller/Touch Tone Teller/Mobile Banking Access You acknowledge and agree by signing up for Internet Teller, Touch Tone Teller, and/or Mobile Banking that any person whom you have authorized or will authorize to have rights in and to your account, such as a joint-owner, and/or any person to whom you have allowed access to your password or code word is deemed to be an authorized user (each such person sometimes being hereinafter referred to as an "Authorized User") with respect to Internet Teller and/or Touch Tone Teller. An Authorized User shall include joint member/owners presently on your membership account and joint members/owners added in the future. Any such Authorized User shall have the full right and ability to access your VISA account, HELOC account or other line of credit account, including the ability to request a cash advance or other borrowing transaction through Internet Teller. Touch Tone Teller, and/or Mobile Banking regardless of whether any such Authorized User is a co-borrower or otherwise appears on the VISA or applicable loan application. Transactions by any such Authorized User will be considered authorized transactions for which you and any co-borrower on the account will be jointly liable. Reporting unauthorized transactions You should notify us immediately at TRUMARK ( ) or write us at: TruMark Financial Credit Union Attn: Call Center 7306 Castor Avenue, 2nd Floor Philadelphia, PA If you believe any of your accounts have been accessed or your password has been taken or used without your permission or if you suspect other fraudulent activity. We are not obligated to honor those notices. Consumer Liability for Unauthorized Transactions Tell us AT ONCE if you believe that your password has been lost or stolen. Telephoning us right away will help you reduce possible losses - you could lose all of the money in your account (plus your maximum overdraft line of credit). To the extent a transaction is an electronic funds transfer, you can lose no more than $50 if you notify us within two (2) business days of discovering any unauthorized use of the Internet Teller services or your password. However, you can lose as much as $500 if you do not notify us within two (2) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified. You agree to cooperate with us in the investigation of any claim or any dispute, and you agree to provide us with information and documentation as may be necessary in order Page 5-1/13/15

6 to assist us in resolving your claim. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If a good reason, (e.g. a long trip or a hospital stay) kept you from letting us know, we may extend the time periods. Electronic Funds Transfer Error Resolution In case of errors or questions about your electronic transfers, telephone us at TRUMARK ( ) or write to us at: TruMark Financial Credit Union Attn: Call Center 7306 Castor Avenue, 2nd Floor Philadelphia, PA as soon as you can, if you think your statement or receipt is wrong or if you need additional information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send or deliver to you the FIRST statement on which the problem error appeared. To report an error you must provide us with the following information: Tell us your name and account number(s). Describe the suspected 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 more information. 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 within 10 business days after we hear from you and will correct any error promptly. (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 10 business days.) If we need more time, however, we may take up to 45 days to investigate your complaint or question, in which case, we will re-credit your account within 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 you give notice of an error within 30 days after you make the first deposit to your account, give notice of an error involving a point of sale transaction, or give notice of an error involving a transaction initiated outside of the United States, its possessions and territories, we will have 90 business days instead of 45 business days to investigate.) If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may not credit your account during the investigation. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. Preauthorized Transfers Preauthorized Credits You can tell us either by telephone at TRUMARK ( ) or us at memberservices@trumark.org ; or use the secure functionality of Internet teller to find out whether or not a deposit has been made to your account. Page 6-1/13/15

7 Preauthorized Payments You have the right to stop payments and there is a 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. Call us at TRUMARK ( ), or write us at: TruMark Financial Credit Union Attn: Call Center 7306 Castor Avenue, 2nd Floor Philadelphia, PA in time for us to receive your request at least 3 days or more before the payment is scheduled to be made. This excludes debit card withdrawals and ACH transactions that must have previously posted to your account. There may be a charge for stop payments. Please see our Service Fee Disclosure. Our Responsibility We are responsible for completing account transfers and payments from your eligible account(s) and canceling transfers from your eligible account(s) within reasonable times and according to this agreement, provided your transactions have been properly entered and transmitted in accordance with instructions. However, there are some exceptions. For instance, we will not be liable: If, when cancelling a transaction in home banking, the transaction is in a in process status. These types of transactions CANNOT be cancelled or stopped; or if there is potential fraud on your account, we will not cancel transactions within in the system; If, through no fault of ours, you do not have adequate money in a deposit account to complete a transaction from the account; or If an account transfer or payment would cause you to exceed your credit limit on your overdraft line or if that account has been closed; If you have not properly followed Internet Teller services instructions on how to make an account transfer or loan payment; If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process or restrictions; If your equipment and/or any software used with it were not properly installed or were not functioning properly; If circumstances beyond our or our agent s control prevent making an account transfer or payment, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters; If viruses, worms, Trojan horses, malware, or other similar harmful components enter your computer system by downloading information, software, or other means or materials from our website. There may be other exceptions to our liability as stated in your depositor agreement or other agreements. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for direct, indirect, special incidental or consequential damages. Disclosure of Account Information to Others As described below, we may disclose information to third parties about your accounts: Page 7-1/13/15

8 We have entered into agreements to have other third party provider s support and provide bill payment services and funds transfer services or otherwise assist us or process or receive your account information. We may provide the third party providers with information about your linked deposit accounts, your Internet Teller services transactions, and your electronic mail messages in order to carry out your instructions (please see separate disclosures on these products on our website for further information); If it is necessary for completing funds transfers and bill payments; If it is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the bill payment and funds transfer services; In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information. If you give us your written permission; If we receive certification from a federal agency or a federal department that a request for information is in compliance with the Privacy Act of 1974, and its amendments; To verify the existence and condition of your account for a third party such as a credit bureau. Termination Your Internet Teller services remain in effect until terminated by you or us. You may cancel your Internet Teller services at any time by notifying us of your intent to cancel by writing to us at TruMark Financial Credit Union, 1000 Northbrook Drive, Trevose, PA This cancellation applies only to your Internet Teller services and does not terminate your other relationships with us. Your termination of your Internet Teller services may automatically terminate any pending bill payments and/or funds transfer services. We may terminate your participation in the Internet Teller services for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so. Miscellaneous Changes in Terms and Other Amendments We may amend this Agreement at any time, including changes in fees and charges. We will notify you of the changes as required by law. Your use of Internet Teller Service or any additional services after the effective date of the change will constitute your acceptance of and agreement to the change. Ownership of Website The content, information and offers on our website are copyrighted by TruMark Financial Credit Union, and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited. Through the use of certain equipment and/or software, you can use electronic mail ( ) to contact us about inquiries, maintenance and/or problem resolution issues. However, to the extent that this agreement requires you to notify us in writing or by telephone, DO NOT NOTIFY US THROUGH , AS WE ARE NOT OBLIGATED TO HONOR SUCH NOTICES SENT VIA . is not a secure method of communication over the Internet, and we recommend you do not send confidential information by . Page 8-1/13/15

9 Severability If any provision of this agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. Area of Service The services described in this agreement and any application for consumer credit, deposit services and brokerage services available at our web site are solely offered to citizens and residents of the United States of America (USA) who are members of TruMark Financial or who are eligible for TruMark Financial membership and may not be accessed while outside of the USA. Choice of Law This agreement shall be governed by and interpreted under the laws of the Commonwealth of Pennsylvania and Federal Law. Arbitration of Disputes If either you or we have any irresolvable dispute or claim concerning the Internet Teller services and/or this agreement, it will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) otherwise mutually agreed. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitrator fees to the prevailing party. A statement of the reasons upon which such award is based shall accompany any award of the arbitrators. Judgment on any award rendered by the arbitrators may be entered in any court having jurisdiction. The statutes of limitation of the Commonwealth of Pennsylvania applicable to the commencement of lawsuits shall apply to the commencement of arbitration hereunder. No Signature Required When any payment, order, other item, or online service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which it is drawn without requiring your manual signature and without prior notice to you. Waiver We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future. Entire Agreement This agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to the Internet Teller services delivered to you in writing, verbally or obtained at our site, or the site of an Internet service provider, such as AOL. Page 9-1/13/15