AGREEMENT AND DISCLOSURE
This eBranch Agreement and Disclosure "Agreement" is the contract which covers your and our rights and responsibilities concerning the eBranch services offered to you by Omaha Douglas Federal Credit Union ("Financial Institution"). The eBranch service permits you to electronically initiate account transactions involving your accounts and communicate with the Financial Institution. In this Agreement, the words "you", "your" and "yours" mean those who request and use eBranch, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we," "us," and "our" mean the Financial Institution. The word "account" means any one or more accounts you have with the Financial Institution. By requesting and using the eBranch service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
Account Access. If we approve your application for the eBranch service, you may use your personal computer to access your accounts. You must use your access code along with your account number to access your accounts. The eBranch service is accessible seven (7) days a week, twenty-four (24) hours a day. You will need a personal computer, a compatible browser, and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of any software and your computer. The Financial Institution will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.
Types of Transactions. At the present time, you may use the eBranch service to:
· Transfer funds between your checking, savings and loan accounts.
· Transfer funds to other accounts you have with the credit union that you authorize.
· Review account balance, transaction history and tax information for any of your checking, savings or loan accounts.
· Request a withdrawal from any checking, or savings account by check mailed to you.
· Download your account information to financial management software programs like Microsoft® Money, if applicable.
· Conduct other transactions permitted by the Financial Institution.
· Communicate with the Financial Institution using the electronic mail ("E-mail") feature.
Transactions involving your deposit accounts, including stop payment requests, will be subject to the terms of your account agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.
Service Limitations. The following limitations on eBranch transactions may apply in using the services listed above:
· Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from a savings account will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Financial Institution reserves 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 ATM transactions and our Funds Availability Policy.
· E-Mail. The Financial Institution may not immediately receive E-mail communications that you send and the Financial Institution will not take action based on E-mail requests until the Financial Institution actually receives your message and has a reasonable opportunity to act. If you need to contact the Financial Institution immediately regarding an unauthorized transaction or stop payment request, you may call the Financial Institution at the telephone number set forth in the Liability for Unauthorized Access section.
SECURITY OF ACCESS CODE. The personal identification number (PIN) or access code ("access code") issued to you is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying the Financial Institution. If you fail to maintain the security of these access codes and the Financial Institution suffers a loss, we may terminate your eBranch and account services immediately.
LIABILITY FOR UNAUTHORIZED ACCESS. You are responsible for all transfers you authorize under this Agreement. If you permit other persons to use the eBranch service or your access code, 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 access code or accessed your accounts through eBranch without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two 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 business days after you learn of the unauthorized use of your account or access code, 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 eBranch is fifty dollars ($50.00).
Also, if your statement shows eBranch transfers that you did not make, tell us at once. If you do not tell us within sixty days after the statement was mailed to you, you may not get back any money lost after the sixty days 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 a hospital stay) kept you from telling us, we will extend the time periods.
If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, call the Financial Institution.
BUSINESS DAYS. Our business days are Monday through Friday. Holidays are not included.
FEES AND CHARGES. There are certain charges for eBranch services as set forth on the Financial Institution's 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 and withdrawals transacted through eBranch 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.
ACCOUNT INFORMATION DISCLOSURE. We will disclose information to third parties about your account or the transfers you make:
· As necessary to complete transfers;
· To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;");
· To comply with government agency or court orders;
· If you give us your written permission.
FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS. 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 and the instructions you transmit, we will be liable for your actual losses or damages. However, the Financial Institution will not be liable:
· 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.
· If you used the wrong access code or you have not properly followed any applicable computer, Internet Access, or Financial Institution user instructions for making transfer transactions.
· If your computer fails or malfunctions or the eBranch service was not properly working and such problem should have been apparent when you attempted such transaction.
· If circumstances beyond our control (such as fire, flood, telecommunication outages, postal 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 Financial Institution complete, correct and current instructions so the Financial Institution can process a transfer.
· If the error was caused by a system beyond the Financial Institution's control, such as your Internet Service Provider.
· If there are other exceptions as established by the Financial Institution from time to time.
TERMINATION OF eBranch SERVICES. You agree that we may terminate this Agreement and your use of the eBranch services if you or any authorized user of your account 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 account or access code.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
NOTICES. The Financial Institution reserves the right to change the terms and conditions upon which this service is offered. The Financial Institution will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of the service is subject to existing regulations governing your accounts and any future changes to those regulations.
BILLING ERRORS. In case of errors or questions about your eBranch transactions, telephone us at the phone or write to us 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) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will 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 funds 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 credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.
ENFORCEMENT. You agree to be liable to the Financial Institution for any liability, loss, or expense as provided in this Agreement that the Financial Institution incurs as a result of any dispute involving your accounts or services. You authorize the Financial Institution to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a 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 applicable 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-judgment collection actions, if applicable.
This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Nebraska and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.