ONLINE BANKING & BILL PAYMENT AGREEMENT "TERMS AND CONDITIONS"

 

The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking & Bill Payment Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.

 

Introduction

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at First Nebraska Educators Credit Union ("Institution", "we", "us" and "our") via our on-line Online Banking site(s). As used in this Agreement, the terms "you" and "your" refer to each person authorized to conduct transactions on your account.

 

Benefits of Online Banking

Through Online Banking, you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following "On-line Financial Services":

Obtain balances and transaction histories on all eligible accounts enrolled in Online Banking;

Transfer money between eligible accounts (The number of transfers you can make from an account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay Institution for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; reorder checks; view e-statements; apply for loans; and pay bills (Bill Pay) to any merchant, financial institution or an individual with an U.S. address.

 

When setting up a transfer between credit union accounts, your transfer will be attempted on the day you request.  If you fail to have the necessary funds in your specific account to complete the transfer, the transfer will fail and attempt every day in the future until either: you have enough funds to complete the transfer, you stop the transfer, or put the transfer on hold. 

 

Institution may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

 

Security & Protecting Your Account

We are strongly committed to protecting the security and confidentiality of our customer accounts information.  We use several techniques to help secure our Online Banking service, including the following:

·        You can only access Institution with certain browsers that have a high security standard.

·        You must have a valid Online Banking User ID, password, and answer 1 of 3 preanswered questions exactly (case sensitive) to logon.

·        If no action is taken for 10 minutes, you will be automatically logged off the Online Banking service.


Requirements

To access On-line Financial Services you must have either Windows: IE. 5.0 through 7.0, Netscape Navigator 4.76 and higher, Netscape Communicator 6.0 through 7.0 or compatible web browser and 128 bit data encryption.

 

In addition to compatible software, you must have an Online Banking User ID, a password, answer three challenge questions and maintain one or more of the following eligible accounts at Institution:

§         Primary Share Account (Savings)

§         Share Draft Account (Checking)


Password and Challenge Questions

Your password and answering one of three preanswered questions will give you access to Institution accounts and services via Online Banking. Institution is entitled to act on any instructions it receives using your password and challenge question answers. For security purposes, it is recommended that you memorize your password and answers to challenge questions (case sensitive), do not write them down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password and answers to challenge questions can be changed at our Online Banking site. You are responsible for keeping your password, challenge question answers, and account data confidential. When you give someone your password and/or answers to challenge questions, you are authorizing that person to use Online Banking and the On-line Financial Services. You are responsible for all transactions performed using your password and challenge question answers, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password and challenge question answers will be charged against your account(s).

 

Restrictions

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking or On-line Financial Services. You may not gain, or attempt to gain, access to any Online Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.

 

Accessing the Service

When you complete the Online Banking enrollment process, you will be given a User I.D. and have the opportunity to request a password.  You will use the User ID and password to access the Online Banking product and On-line Financial Services.

 

Each time you access the Service, you will be asked to enter your User ID, password, and answer one of three preanswered challenge questions (case sensitive).  The correct responses will give you access to the Service. If the incorrect password or answer to a challenge question is entered three times, your account will become locked out and must contact the credit union to unlock your account and reset your password and/or challenge questions.

Fees

The fee for Online Banking is currently waived.  You would be notified by email, account statement, mailing, and/or Online Banking log on screen at least 30 days prior to any fees no longer being waived for this service.  For Bill Payment fees see "Bill Payment Service / Fees" below.

 

Exporting to Quicken or Money (versions 2005 or newer)

Due to added requirements and costs to use newer versions of Quicken and/or Money, the credit union has chosen not to participate in these programs.  Since we offer this service free to the membership, the extra costs to maintain a system able to communicate with these programs would force us to charge a price for the product we do not see as beneficial to the credit union or its membership.  These software companies have created this costly issue and many financial institutions have taken the stance our credit union has.  If you are using a version of these products older than the 2005 versions, you are still able to dowload your data to their software.

 

Bill Payment Service

This is your bill paying agreement with First Nebraska Educators Credit Union. You may use First Nebraska Educators Credit Union’s bill paying service, Bill Pay, to direct First Nebraska Educators Credit Union to make payments from your designated share draft/checking (account) to the Merchants you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules, Terms and Conditions).

 

"You" or "your" means each person who signs the bill paying enrollment form, signs up online and accepts the applicable disclosure, or is otherwise authorized to use the Service. "Merchant" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee.


HOW TO SET UP MERCHANTS/PAYMENTS

When you sign onto the bill pay system you will establish your list of Merchants by selecting the "Add Payee" button on the Set up Accounts and Payee screen.  You may add a new fixed payment for any Merchant but only if they are on your authorized list of payees. If the Merchant is not set up for electronic payments, the service will generate a paper check for payment.  The Financial Institution reserves the right to refuse the designation of a Merchant for any reason.


The Financial Institution is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Authorized Payee list.

 

THE BILL PAYING PROCESS

The Financial Institution will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Financial Institution, which is currently 7:00 a.m. CT.  Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Financial Institution reserves its right to change the cut-off time by giving you notice if it changes.  Payments will be debited from your account on your scheduled payment date.  If funds are not available on the first attempt, the payment will be scheduled to be processed for the next 3 business days.  If funds are unavailable for the final attempt, the payment will not be processed.  Please note, each attempt that fails due to Non Sufficient Funds (NSF), may be subject to a NSF fee.


THE “LAST BUSINESS DAY” OPTION IS AVAILABLE FOR “MONTHLY”, “WEEKLY”, AND “TWICE A MONTH” RECURRING PAYMENTS.
If scheduling a “Monthly” recurring payment series, the “Last Business Day” box would signal the payment to be paid on the last business day of the month. THIS OPTION IS THEREFORE ONLY ADVISABLE IF YOU ARE DESIGNATING A PAYMENT DATE OF THE 28TH THROUGH THE 31ST OF THE MONTH. A payment scheduled with a process date of the 10th, for instance, would be paid ON THE LAST BUSINESS DAY OF THE MONTH if the “Last Business Day” box is checked. If this box is not checked, your payment will process on your designated payment date, or the next business day in the event that your designated date falls on a non-business day (i.e. weekend day or holiday). If scheduling a “Weekly” or “Twice a Month” recurring payment series, the “Last Business Day” box would signal the payment to process on the last business day of the week in which your designated payment date falls. If this box is not checked, your payment will process on your designated payment date, or the next business day in the event that your designated date falls on a non-business day (i.e. weekend day or holiday).


YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT.  IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS.  Due to circumstances beyond our control, some Merchants take longer to post payments than others. We suggest sending your first payment at least ten (10) business days in advance of the Due Date. After your first payment has posted you will have a better understanding of how much time to allow for each Merchant.


You must select a Payment Date that is at least five (5) business days before the actual Due Date reflected on your Payee statement. If your actual Due Date falls on a non-business day you must select a Payment Date that is at least one business day longer than you would if the Due Date fell on a business day.  Due Dates should be prior to any late date or grace period.


When you have scheduled a payment, you authorize the Financial Institution to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using the Bill Pay Service.


The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:


1. You have not provided the Bill Pay Service with the correct payment account information, or the correct name, address, phone number, or account information for the Merchant upon initiation of the payment; and/or,


2. Circumstances beyond the control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances;

 

3. The payment-processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before the transaction is executed;


You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.


The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Merchant.


Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.


RETURNED PAYMENTS

In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid; the Service is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.


LIABILITY
You are solely responsible for controlling the safekeeping of, and access to, your password and answers to challenge questions. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Financial Institution and arrange to change your password and/or reset you challenge question answers. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Financial Institution is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Merchant for a Bill Payment. The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution's agent. In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control.


AMENDMENT AND TERMINATION

The Financial Institution has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.


The Financial Institution has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Financial Institution. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Financial Institution on your behalf.


FEES
Certain types of checking accounts will incurr and monthly fee (See "Additional Charges for Customer requested Services and Other Items" below), charged at the end of the month in which you are signed up to be able to access the Bill Pay service. Please review you applicable account agreement and disclosures to see if these fees are applicable for your type of checking account.  If you would like to review other checking account relationships available to you, please contact credit union member service representive.  Having access to the Bill Pay service entitles you to be able to make an unlimited number of monthly payments. 

 

Additional Charges for Customer requested Services and Other Items

 

·        Monthly Bill Pay Service Fee (depending on Checking Account type)        $  3.99

·         Nonsufficient Funds                                                                              $ 29.00

·         Check Copy Mailed or Faxed to Subscriber                                             $  3.00 *

·         Check Copy Mailed to Merchant                                                             $  3.00 *

·         Stop Payment                                                                                       $ 29.00 *

·         Return ACH items due to Subscriber Error                                               $ 10.00 *

·         Overnight Carrier Delivery (to Merchant) Charge per item                           $ 15.00 *

·         Special/Custom Report Charge                                                               $ 25.00 *

·         Research Fee for items over 8 months old                                               $ 25.00 *

 

*  These charges will only be assessed if you request one or more of the services listed here.  There will be NO Charge for any item if needed to correct a Financial Institution error.

 


The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.


Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

 

Responsibility

Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough funds available in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking or On-line Financial Services; (ix) you knew that Online Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delays; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.


Electronic Mail (E-mail)

Sending E-mail is a very good way to communicate with Institution regarding your accounts or the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

 

Disclosure of Information

Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.

 

Links to other Sites

Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution's site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

 

Virus Protection

Institution is not responsible for any electronic virus that you may encounter using Online Banking or On-line Financial Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

 

Damages and Warranties

In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Online Banking or the On-line Financial Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Institution’s web site. INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

 

Indemnification

Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's negligence; (ii) Customer's failure to comply with applicable law; or (iii) Customer's failure to comply with the terms of this Agreement.

 

Additional Remedies

Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

 

Termination and Changes in Terms

Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.

 

Applicable Rules, Laws, and Regulations

You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Nebraska, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Douglas County, Nebraska, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.

 

Assignment

Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.

 

Integration

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.

 

Severability

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.

 

Waiver

Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

 

Force Majeure

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

 

Construction

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation.  If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

 

Mobile Services Terms of Use

Thank you for your interest in our Mobile Services.
Mobile Services include access to text banking (e-Alerts) and mobile banking.   You may register for each mobile service individually through the online banking site at www.firstnebraska.org, but not through a mobile device. E-alerts allow you to establish alerts to receive your available account balance and review recent account history using only the text message functionality on your mobile phone or other mobile device.  Use of e-alerts requires that you have a mobile device that is text-enabled.  You do not need Internet access on your mobile device to use e-alerts.   To use the mobile services, please read the Terms of Use below and, if they are acceptable, click “I Agree” at the bottom of this webpage.  If you do not click “I Agree” to the Terms of Use, you will not be able to use the mobile services.
In case of questions about the mobile services or the Terms of Use, please contact member service at 1-800-882-0244.


These Mobile Services Terms of Use (these “Terms of Use”) govern the Mobile Services (the “MB Service”) provided by FNECU (“Credit Union”).  BY CLICKING “I AGREE” AT THE BOTTOM OF THIS WEBPAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ALSO AUTHORIZE the Credit Union TO CONTACT YOU FOR FRAUD PREVENTION, TELEMARKETING, AND OTHER PURPOSES RELATED TO THE MB SERVICE. 


Each of your accounts at the Credit Union is also governed by Credit Union’s Account Deposit Agreement and Disclosure Statement (“Deposit Agreement and Disclosure”), which you executed when you opened your account(s).


1. THE SERVICE.  The MB Service refers generally to any Credit Union service for which you have enrolled that allows you to access and view accounts at the Credit Union from your mobile phone or other handheld device (collectively, your “Mobile Device”).  The Credit Union will designate the accounts eligible for the MB Service and may withdraw such designation at any time. 

(a) Hours & Availability.  The Credit Union hereby notifies you of the following: (i) The MB Service is generally available 7 days per week, 24 hours per day, but at certain times some or all elements of the MB Service may be unavailable due to system maintenance or malfunctions.  The Credit Union will make reasonable efforts to notify you in advance of MB Service unavailability.  (ii) Barring malfunctions or maintenance, a transfer initiated through the MB Service before 8:30 PM (Central Time) on a business day is posted to your account the same day, and all transfers completed after 8:30 PM or on non-business days will be posted on the next business day.  (iii) Credit Union’s business days are Monday through Friday.   Saturday and Sunday are non-business days, as are all federal holidays.


(b) Additional Services.  From time to time, the Credit Union may develop additional mobile banking services.  Such services will become part of the MB Service if the Credit Union so designates them and you enroll in them, provided you have compatible hardware and software.  By using these additional mobile banking services, you agree to be bound by any additional terms and conditions, which the Credit Union will communicate to you.

(c) E-Alerts – types of notifications.  Through your online banking page you can choose various alerts to be sent via text message to your mobile device, including:
• Daily Balance
• Account Balance
• Funds Deposited
• Funds Withdrawn
• Check Cleared
• One-Time Personal Reminder
• Recurring Personal Reminder


2. Mobile Banking Electronic Fund Transfers

(a) While accessing your account(s) through mobile banking by providing your personal identification number, your account number, and answering security questions, you may make the following types of transfers between accounts held by the Credit Union:
• transfer funds from checking to share savings
• transfer funds from share savings to checking
• transfer funds from share savings to share savings
• transfer funds from line of credit to checking or share savings
• transfer funds from share savings or checking to loan payments
• make payments from savings or checking to line of credit
• Get information such as:
o Balance information about checking, share savings, term share certificate, line of credit, IRAs, and loans
o Limited transaction history about checking, share savings, term share certificate, line of credit or IRAs and loans
Please refer to Terms and Conditions of Your Account regarding limitations on frequency of transfers.
(b) FEES.

• The Credit Union does not charge any additional fees to utilize the MB Service.  However, standard messaging and or Internet charges apply, pursuant to your mobile plan or other agreement with your telecommunications carrier.

(c) Documentation.

• Periodic statements.  Any transaction processed through your mobile device will be reflected on your statement. 

(d) Payments.  If you requested a payment through your mobile device from your account to any of your loans with the Credit Union and wish to stop the payment, you may:

• Call or write us at the telephone number or address listed in this disclosure.  If you call, we may also require you to put your request in writing and get it to us within 14 days after your call.
• The payment may take up to 3 business days to credit back to your deposit account.
• Liability for failure to reverse stop your payment. If you request that we stop your payment processed through your mobile device, and we do not do so, we will be liable for your losses or damages in the event that you provided us the proper information in time to stop the transaction.

(e) Financial Institution’s Liability.  If we do not complete a transfer to or from your account on time or in the correct amount according to your request from your mobile device, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance:

• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• If you have an overdraft line and transfer would go over the credit limit.
• If the system was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• There may be other exceptions stated in our agreement with you.

(f) Confidentiality.  We will disclose information to third parties about your account or the transfers you make:

• Where it is necessary for completing transfers; or
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
• In order to comply with government agency or court orders; or
• If you give us written permission

(g)  Unauthorized Transfers.

• Consumer Liability.  Tell us AT ONCE if you believe your mobile  device and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your mobile device and/or code.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account (plus your maximum overdraft line of credit).  If you tell us within 2 business days after you learn of the lost or theft of your mobile device and/or code, you can lose no more than $50 if someone used your MB Service without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your mobile device and/or code, and we can prove we could have stopped someone from using your mobile device access without your permission if you had told us, you could lose as much as $500.00

Also, if your statement shows transfers that you did not make, including those made through MB Services, tell us at once.  If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us on time.

If a good reason (such as long trip or hospital stay) kept you from telling us, we will extend the time periods.


• Contact us in the event of unauthorized transfers.  If you believe your mobile device has been lost or stolen, call or write us at the telephone number or address listed in this disclosure.  You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your mobile device without your permission.
 
(h)  Error Resolution Notice

• In Case of Errors or Questions about your Electronic Transfers. Call or Write us at the phone and address listed as-soon-as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and account number.

• Describe the error or the 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 determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account.  Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this is opened.

We will tell you the results within three business days after completing our investigation.  If we decide that there was an error, we will send you a written explanation. 

You may ask for copies of the documents that we used in our investigation.

First Nebraska Educators Credit Union
10655 Bedford Avenue
Omaha, NE 68134-3613
Phone:  (402) 492-9100
Business Days:  Monday through Friday
Excluding Federal Holidays

 

3.   SECURITY
(a) Your Key Precautions.   You agree: (i) to comply with all security procedures the Credit Union provides in connection with MB Service; (ii) to take reasonable steps to safeguard the confidentiality and security of any and all passwords and access codes (collectively, “Codes”) related to the MB Service, along with any other proprietary information the Credit Union provides in connection with the MB Service; (iii) to limit access to your Mobile Device to persons who have a need for such access and who you reasonably believe present no threat to your accounts; (iv) to notify the Credit Union immediately if you have any reason to believe the security or confidentiality of your account(s) has been or may be breached; and (v) not to use any personally-identifiable information (e.g., name, account number, social security number) when providing shortcuts to or creating nicknames for your accounts.
(b) Access.  You may change your Codes from time to time.  The Credit Union may also require you to change your Codes at any time.  The Credit Union may deny access to the MB Service without prior notice if it is unable to confirm to its satisfaction any person’s authority to access the MB Service or if the Credit Union believes such action is necessary for security reasons.
 (d) Other Additional Terms.  Additional provisions regarding security appear in the Deposit Agreement and Disclosure.

4.  YOUR ADDITIONAL REPRESENTATIONS AND COMMITMENTS
(a) Accurate Registration. You represent and warrant that you have and will provide true, accurate, current, and complete information, including without limitation about yourself, as requested in the MB Service’s registration process, and you represent and warrant that you have not and will not misrepresent your identity.
(b) No Illegal Use. You agree not to use the MB Service to conduct any business or activity or to solicit the performance of any activity that is prohibited by law or by any contractual provision that binds you. You agree to comply with all applicable laws, rules, and regulations in connection with the MB Service. You represent and warrant that you are an authorized Credit Union member and are able lawfully to enter into contracts.
(c) Notification of Equipment Theft or Destruction. You agree to notify the Credit Union promptly in the event that you lose, change, or destroy the Mobile Device whose phone number is registered with the Service.
(d) Receipt of Text Messages or Calls. You agree to receive text messages or phone calls from the Credit Union on your Mobile Device. To stop receiving text messages, you must login to your online banking page and cancel all alerts individually. 

 

5.  PROPRIETARY RIGHTS.  These Terms of Use do not grant you a license to any software used to provide the MB Service or associated with the MB Service or to any other software, by implication, by estoppel, or otherwise.  The logos, service marks, and trademarks (collectively, “Trademarks”) used by the Credit Union, including those displayed through the Service, whether or not registered, belong to the Credit Union and its licensors and suppliers.  Neither these Terms of Use nor any element of the MB Service grants a license to any Trademark, by implication, by estoppel, or otherwise.

6.  NOTICES.  Notices related to these Terms of Use will be considered delivered:
(a) if sent to you at your address of record with the Credit Union, or sent to you via the MB Service device;
(b) if sent by you to the Credit Union at 10655 Bedford Avenue, Omaha, NE 68134.


7.  TERMINATION.  Either you or the Credit Union may terminate these Terms of Use, and your access to the MB Service, at any time, by written, electronic or telephonic notice.

8.  LIMITATION OF LIABILITY & DISCLAIMERS
(a) Disclaimer.  THE MB SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  Without limiting the generality of the foregoing: (i) neither the Credit Union nor its service providers makes any representation or warranty that you will have continuous or uninterrupted access to the MB Service or any of its content or functions, or that any function of the MB Service will be error-free; (ii) the Credit Union will not be liable to you for any damages whatsoever arising out of or related to a failure of any communications network, communications equipment, or software, or in connection with any event beyond the Credit Union’s control; (iii) the Credit Union will not be liable to you for any damages whatsoever arising out of or related to the accuracy or completeness of information supplied through MB Service regarding your account(s), the lack of available funds in your account(s), the application of any government or funds transfer system rule, guideline, policy or regulation, or the Credit Union’s inability to confirm to its satisfaction the authority of any person to act on your behalf.  The Credit Union AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY RELATED TO THE MB SERVICE, INCLUDING, WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE MB SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS) WILL BE FOR THE CREDIT UNION TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE MB SERVICE.  THE DISCLAIMERS, EXCLUSIONS OF WARRANTY, LIMITATIONS OF LIABILITY, AND OTHER PROVISIONS OF THIS SECTION 8 APPLY TO LIKEWISE TO ANY WEBSITE OR ADVERTISEMENT CONNECTED TO THE MB SERVICE.  Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
(b) Risks of Mobile Devices. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF HACKING, OTHER ELECTRONIC SECURITY FAILURE, THEFT, OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.
(c) Limited Liability. IN NO EVENT WILL THE Credit Union OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE MB SERVICE OR ANY USE OR MISUSE THEREOF (INCLUDING WITHOUT LIMITATION LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES).  THE AGGREGATE LIABILITY OF THE CREDIT UNION AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS OF USE WILL NOT EXCEED $1,000.00.  THE LIABILITIES LIMITED BY THIS SECTION 8 INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

9.  INDEMNIFICATION

 You agree to indemnify, defend, and hold the Credit Union and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages, and/or costs (including without limitation reasonable attorneys’ fees) arising out of or related to: (a) information, data, files, or other material you submit to the MB Service, including without limitation claims of infringement of privacy or intellectual property rights or misuse or misappropriation of data; (b) allegations of your breach of these Terms of Use or of fraud or manipulation committed by you; (c) a dispute with you over the purchase or sale of goods or services or over the terms and conditions of any agreement; (d) your alleged violation of any law or of the rights of a third party; (e) the use of your account by any third party; (f) losses resulting from the loss or misuse of your Mobile Device; or (g) your misuse of the MB Service.  The Credit Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate at your expense with the Credit Union in asserting the defense.  You will not settle any action or claims on the Credit Union’s behalf without its prior written consent.


10.  MISCELLANEOUS

(a) Construction and Jurisdiction.  These Terms of Use are to be construed in accordance with and governed by the internal laws of the State of Nebraska, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the State of Nebraska to the rights and duties of the parties. The parties hereby consent to the personal and exclusive jurisdiction and venue of the federal and state courts of Douglas County, Nebraska.  If any provision of these Terms of Use is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions of these Terms of Use will in no way be impaired.
(b) No Waiver.  No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under these Terms of Use will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
(c) Export and International Rules.  You will not use the Service in any way that violates applicable laws or regulations, including without limitation U.S. Export Administration Regulations.  You represent and warrant that you are not on the United States Treasury Department’s list of Specially Designated National and Blocked Persons and are not otherwise a person or entity subject to a legal rule that would prohibit Credit Union from providing the MB Service.
(d) Assignment.  You may not assign these Terms of Use or any of your rights or obligations hereunder without the Credit Union’s express written consent.  Except to the extent forbidden in the previous sentence, these Terms of Use will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
(e) Other Agreements and Rules.  In addition to these Terms of Use you agree to be bound by and will comply with the requirements of the Terms and Conditions Agreement and Disclosure, the Credit Union’s rules and regulations, the Credit Union’s privacy policy, the rules and regulations of any funds transfer system to which the Credit Union belongs, and applicable state and federal laws and regulations.  Also, if you are a Home Banking user, you agree to be bound by the Credit Union’s Online Banking Agreement. In the event of a conflict between these Terms of Use and the Terms and Conditions Agreement and Disclosure, the Terms and Conditions Agreement and Disclosure will govern.
(g) Survival.  The provisions of Sections 5, 6, 8, 9, and 10 of these Terms of Use will survive expiration or termination of these Terms of Use for any reason.
(h) Change of Terms.  The Credit Union reserves the right to make changes to the charges, fees or features associated with the MB Service by providing notice as required by law.  (Changes to fees applicable to specific accounts are governed by the Deposit Agreement and Disclosure.)  In addition, the Credit Union reserves the right to revise these Terms of Use and will provide notice as required by law.  Use of your MB Service constitutes acceptance of any changed Terms of Use. Nothing in these Terms of Use will prevent the Credit Union from changing the security features or policies of the MB Service at any time, without notice.

 

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.