This Agreement is the contract which covers your and our rights and responsibilities concerning
Home Banking services offered to you by Pacific Cascade Federal Credit Union ("Credit Union"). In this agreement, the words "you" and "yours" mean those who submit a Home Banking authorization form and any authorized users. The word "account" means any one or more share or loan accounts you have with the Credit Union. By submitting the Home Banking or online authorization for the Home Banking service, you agree to the following terms governing your and our rights and responsibilities concerning the Home Banking electronic funds transfer services. Electronic funds transfers ("EFTs") are electronically initiated transactions through Home Banking Transactions involving your deposit accounts.
- Home Banking Services. Upon approval, you may use your personal computer to
access your accounts. You must use your member number along with your security code
to access your accounts. The Home Banking service is accessible seven (7) days a week,
24 hours a day. You will need a personal computer and a web browser (such as Netscape Navigator or Microsoft Internet Explorer). The online address for the Home Banking service is www.wesaveyou.com. You are responsible for the installation, maintenance
and operation of your computer and modem. The Credit Union will not be responsible
for any errors or failures involving any telephone service or your computer. At the
present time, you may use the Home Banking service to:
- Transfer funds between your Savings, Checking, and Loan accounts.
- Transfer funds to accounts of other members you authorize from any of
your accounts.
- Review account balance, transaction history, and tax information for any of
your accounts.
- Review information on your loan account including payoff amounts, due dates, finance charges, interest rate, and balance information and past statements
of yours.
- Request a withdrawal from any Savings, Checking, or loan account by check
mailed to you.
- Stop payment requests and other transactions permitted by the Credit Union.
- Communicate with the Credit Union using the electronic mail (E-mail) feature.
- Pay bills via electronic payment methods
Transactions involving your deposit 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 Loan Agreement and Disclosures, as applicable.
The Credit Union does not make any warranty, express or implied,
to you regarding the Quicken or Money software programs including
but not limited to any warranty of merchantability or fitness for a
particular purpose.
Pacific Cascade Federal Credit Union
1075 Oak Street
Eugene OR 97401
-
Business Days. Our business days are Monday through Friday. Holidays are
not included.
-
Fees and Charges. There are certain charges for Home Banking services as set forth below. From time to time, the charges may be changed. We will notify you of any changes as required by law. The Home Banking service fee is free to members.
-
Transaction Documentation. Transfers and withdrawals transacted through Home Banking will be recorded on your periodic statement by mail or electronically if you have requested an electronic statement. You will receive a statement monthly.
-
Account Information Disclosure. We will maintain the confidentiality and privacy
of your account information in accordance with our privacy policy as stated on our
website at: www.wesaveyou.com. However, we will disclose information to third parties about your account or the transfers you make in the following limited circumstances:
-
As necessary to complete transfers;
-
To verify the existence of sufficient funds to cover specific transactions
upon
the request of a third party, such as a credit bureau or merchant;
-
To comply with government agency or court orders;
-
If you give us your express permission.
- Limitation of Liability for Home Banking Services. If we do not complete a
transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error and in no case will we be liable for
any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted
by applicable law. The Credit Union will not be liable for the following:
- If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.
- If you used the wrong access code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and bill payment transactions.
- If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have
been apparent when you attempted such transaction.
- If circumstances beyond your control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal
process or other claim.
- If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.
- If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was
inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
- If the error was caused by a system beyond the Credit Union's control such
as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by the Credit Union.
- If there are other exceptions as established by the Credit Union.
- Termination of Home Banking Services. You agree that we may terminate this Agreement and your Home Banking services, if you, or any authorized user of your
Home Banking services or access code 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 access code. In addition, we reserve the right to terminate the service if you fail to use
the service for more than two consecutive statement cycles. You or any other party to
your account can terminate this Agreement by notifying us verbally or in writing. Termination of service will be effective the first business day following receipt of your notice. Termination of this Agreement will not affect the rights and responsibilities of
the parties under this Agreement for transactions initiated before termination.
- Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you at least twenty-one (21)
days before the effective date of any change, as required by law. This means we will mail you notice. Use of this service is subject to existing regulations governing the Credit
Union account and any future changes to those regulations.
- Statement Errors. In case of errors or questions about your Home Banking
transactions, contact us by: telephone, write us or send us an email as set forth in
Section 4, paragraph 4 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 appears.
- Tell us your name and account number.
- Describe the transaction 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 ten (10) business days. We will tell you the results of our investigation
within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit
to the account (new accounts), we will tell you the results of our investigation within
twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days
for new account transactions errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-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 recredit your account. If we decide after our investigation that an error did
not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide
you copies of documents (to the extent possible without violating other members' rights
to privacy) relied upon to conclude that the error did not occur.
-
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. This Agreement shall be governed by and construed under the laws of the State of Oregon as applied to contracts entered into solely between residents of, and to be performed
entirely in, such state. In the event either party brings legal action to enforce the
Agreement or collect any overdrawn funds on accounts accessed under this Agreement,
the prevailing party shall be entitled, subject to Oregon law, to payment by the other party
of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgement collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by the proper court, if possible, but only to
the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.
2000 Pacific Cascade Federal Credit Union
/Farleigh, Wada & Witt, P.C.
Thank You for Reading This Disclosure. |
|