Legal Disclaimer - Important - Please Read
The following agreement and disclosures apply to anyone who accesses Dixies Federal Credit Union’s website. If you access any page of our website, you agree to be bound by these terms, whether you are a member of Dixies Federal Credit Union or not.
All information contained in this website is believed to be accurate and reliable as of the date and time posted. All information is subject to change at any time without notice. Because of human or computer error, we are not liable for errors or omissions in the information provided on this site. We are not liable for any losses or damages in connection with your use of our website. This includes, but is not limited to, direct, indirect, punitive, consequential or incidental. The material provided on this site is “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, OR NON-INFINGEMENT. Some Jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.
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ELECTRONIC FUNDS TRANSFERS AGREEMENT AND DISCLOSURES
1. Purpose Of This Agreement. This Agreement defines your and the Credit Union's rights and responsibilities with respect to transactions. You understand that all agreements and rules and regulations applicable to your accounts and accounts services, as set forth in your Membership Agreement and otherwise, remain in effect and apply to this Agreement, except as specifically modified herein. You agree to abide by this Agreement, and all rules, regulations and instructions of the Credit Union and the networks relating to the use of any Card and/or Access Device, as amended, modified or revoked. The Credit Union may not offer all services discussed in this Agreement at this time.
a. Definitions: The words "you" or "your(s)" mean everyone that signs any Account Card or is authorized to make Transactions regarding your account(s) as provided herein or by governing law, including any account service(s). "We,” "us,” or "our" means the Credit Union. “Access Device” means any card, electronic access device and/or any codes, passwords or personal identification numbers (PIN) that we issue to allow you to access and/or use any account or other services.
“Transaction or transaction” means any deposit, order, transfer, payment, withdrawal or other instruction relating to any account or account service provided by the Credit Union.
“Authorized User” means any person who has actual, implied or apparent authority, or who any owner has given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. If you authorize anyone to use your access devices, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your ATM and account services immediately.
This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us.
b. Warranty Regarding Proper Use of Services. You warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this Agreement. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us) under applicable law, including but not limited to any transaction involving or relating to any gambling activity. You agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or and authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use.
c. Transaction Limitations and the Credit Union's Business Days. All Transactions after our "daily cut-off time" and made on days that are not our business days as set forth in the Schedule will be treated, transmitted, recorded, etc., as applicable and appropriate as if received on the next business day that we are open. Deposits, orders, instructions, requests, etc., received by mail, electronically, at an unstaffed facility, or outside depository will be processed and credited only when actually received by us, and we shall have no responsibility until we actually receive the item.
2. Types Of Electronic Funds Transactions. The Electronic Funds Transactions we are, or may be capable of handling in the future, are indicated below. Some of these services may not apply to your account(s) and/or some of these services may not be available at all terminals.
a. Automatic Teller Machines (ATMs). The Credit Union will issue to you an ATM card and Personal Identification Number ("PIN") to be used to make transactions. You can use your ATM card at the Credit Union's ATMs to:
(1) Withdraw cash from the account(s) designated in your Membership Application ("Application").
(2) Check the balances in the account(s) designated in your Application (this is called an "inquiry");
(3) Transfer funds between the account(s) designated in your Application
b. Debit/Point of Sale Transactions. If we approve your Application for an ATM/Debit Card (VISA Check Card), you may use your Card to purchase goods and services at point of sale (POS) terminals designated by the Credit Union and anywhere participating merchants honor your Card. Card purchases will be covered by funds deducted from your primary share draft account. (1) At any POS or other electronic terminal, you may pay for goods and services (or make certain other transfers if the merchant is a financial institution) up to the available balance in your designated checking account and any available credit under your applicable overdraft line-of-credit, and cause that account to be debited for the amount of those purchases. Your available balance in that account will be reduced by the amount of any transaction as soon as the merchant has received authorization from us, even if the documentation evidencing the transaction has not yet been received and processed by us. A merchant is not required to receive prior authorization from us on every transaction. When the documentation has cleared through us, any hold placed on your account for the amount of the purchase or other transactions will be released and your account debited for that amount. NOTE: Cards designated as ATM only may not be used at POS or other non-ATM terminals. (2) If your Account balance is insufficient to cover Card purchases, the Credit Union may treat these purchases as overdraft requests under your overdraft protection plan, or the Credit Union may terminate all services under this Agreement.
c. Preauthorized Transfer Services. You can authorize the following transactions without the use of your ATM card: (1) Payments: You can make payments on your loans with the Credit Union directly from your primary share or primary checking accounts; (2) Within Credit Union Transfers: You can arrange to transfer funds between your primary share and primary checking accounts. By separate application, you can arrange to transfer funds from your accounts to the account(s) of other members; (3) Direct Deposits and Payments: You can authorize persons or companies to make direct deposits or withdrawals to or from your share or checking accounts for payroll, pension, social security and other types of deposits or payments. You may give other persons or companies written or oral permission to transfer payments from your Credit Union accounts through “ACH” or other electronic means. Such agreements or arrangements are solely between you and the other person or company. The Credit Union shall have no responsibility or liability to you for any such transactions. Thus, you should exercise caution in providing such authority and/or information to access your accounts to others. The authority or information you give to others hereunder applies to all “ACH” or other electronic transactions, whether evidenced by any type or writing or converted to a written instrument by the other person (and/or their agents). All such transactions are deemed to be authorized by you. (Note: ACH or electronic withdrawals by outside institutions or business are NOT allowed on share accounts at DFCU.)
d. Telephone Transactions. If we approve Teller 24 (audio response) access service for your accounts, you may access your accounts through Teller 24(audio response) with an access code that we will issue. You must use your Access Device and account number to access your accounts. You may use Teller 24 service to:
1) Change your access code.
2) Obtain account information related to any of your savings and loan accounts regarding current balance, checking history, savings dividends and rates, loan interest and payoff amounts, payroll and automatic deductions.
3) Make transfers to or from your Prime Share, Deposit, Transaction, Money Manager Checking, Money Manager Savings or such accounts you have authorized in writing prior to such transfer request.
4) Request advances on your personal or home equity line of credit loans, deposit the proceeds in any of your accounts or have the proceeds mailed directly to you at the mailing address listed for your account.
5) Withdraw funds from savings, checking and line of credit accounts by check made payable to you and mailed to you at your mailing address.
6) Make loan payments from any savings or checking account to any loan account of yours (except mortgage loans).
Telephone services are provided by our Member Service staff during business hours. Verification of account ownership will be requested before account information is released. To ensure courteous and efficient service, supervisory personnel in our Member Service Department may monitor calls randomly.
e. Electronic check conversion -types of transfers - Your check can result in an electronic funds transfer. This can happen in several ways. For example:
1. You can purchase goods or pay for services and authorize a merchant or service provider to convert your check into an electronic funds transfer.
2. At the time you offer a check to a merchant or service provider, you may be asked to authorize the merchant or service provider to electronically collect a charge in the event that the check is returned for insufficient funds. Paying such a fee electronically is an electronic funds transfer.
3. Your authorization to make these types of electronic funds transfers may be expressed in writing or implied through the posting of a sign.
4. This can also happen when you provide information from your check or an account to another by telephone, Internet or otherwise, who then converts the information given to an electronic transaction, ACH or otherwise.
5. You agree that any such transaction is subject to all applicable terms and conditions set forth in this Electronic Transfers Section of your Membership Agreement.
f. NetBranch Online Banking (Internet Network Connection). If we approve the NetBranch Online Banking Service, you may access your accounts through a personal computer (PC) under the NetBranch Online Banking Service with a four (4) digit Access Device. You must use your access code along with your account number to access your accounts. You may use NetBranch Online Banking Service to:
Change your access code.
Obtain account information related to any of your savings and loan accounts regarding current balance, checking history, savings dividends and rates, loan interest and payoff amounts, payroll and automatic deductions.
Make transfers to or from your Prime Share, Deposit, Transaction, Money Manager Checking, Money Manager Savings or such accounts you have authorized in writing prior to such transfer request.
Request advances on your personal or home equity line of credit loans, deposit the proceeds in any of your accounts or have the proceeds mailed directly to you at the mailing address listed for your account.
Withdraw funds from savings, checking and line of credit accounts by check made payable to you and mailed to you at your mailing address.
Make loan payments from any savings or checking account to any loan account of yours.
General Rules For Using Your Access Devices. You acknowledge and agree to the following:
a. Your Access Devices are for personal use only. You agree not to allow another person to use your Access Devices.
b. You agree not to reveal your PIN/Password(s) to another person and WILL NOT write your PIN/Password(s) on any Access Device. You are responsible for all Transactions made by you or anyone else who uses your Access Devices with your knowledge and consent. You are also responsible for unauthorized use of your Access Devices to the full extent allowed by applicable law. In addition, any person other than yourself who uses your Access Devices is responsible for all Transactions they make and for all Transactions made by others with their permission. This does not limit your own responsibility. You agree to be responsible to maintain your Access Devices with maximum security.
c. You authorize the Credit Union to debit/credit your accounts for all Transactions as if each Transaction were signed by you. Further, you agree that by acceptance or use of your Access Devices the Credit Union is authorized to pay from any account necessary to satisfy any Transaction, fee or service charge that results from the use or misuse of your Access Devices.
d. You acknowledge that your Access Devices remains the Credit Union's property and agree to surrender your Access Devices to the Credit Union or its agent upon demand or through retrieval by any other method.
e. You agree to use caution when using any ATM or other electronic terminal or device to complete any Transaction contemplated by this Agreement. You further agree that the Credit Union shall have no responsibility to you or any user, or be liable for any personal injury or property damage, which may occur as a result of any act before, during or after a Transaction or other visit to any ATM or other electronic terminal location. You or any user assumes the risk of nighttime use of any ATM or other electronic terminal location or other electronic banking device.
f. An Access Device may be issued to any member or joint owner of legal age when qualified under the rules, regulations, and by-laws of the Credit Union. Only one Access Device may be issued to each member or joint owner.
g. If your Access Device is lost or stolen, you agree to notify the Credit Union immediately upon discovery of such loss or theft. Replacement of an Access Device may be issued by us at the cost set forth in the Schedule. You agree to pay the Credit Union the fee in effect at the time for all copies that you request from us.
h. The Credit Union shall not be responsible for the use or condition of any ATM or other electronic banking terminal or device it does not own. Further, the Credit Union will not be responsible for any failure of an ATM or other electronic banking terminal or device to function except as specifically provided for by law.
i. The Credit Union reserves the right to add or delete ATM or other electronic terminal location or other electronic banking devices as it deems necessary.
j. You agree to hold the Credit Union harmless in its pursuit to locate, apprehend, and prosecute unauthorized use of any Access Device issued by the Credit Union, and you agree to assist the Credit Union in these efforts.
k. The Credit Union reserves the right to make any changes in the daily withdrawal limits it deems necessary.
l. The Credit Union is not liable for any claims you may have against a merchant, company or other financial institution arising from use of your Access Device.
m. The Credit Union cannot stop payment on any point-of-sale Transaction.
n. If you incur a charge in foreign currency, the charge will be converted by VISA® International into a United States dollar amount, using the procedures and the operating regulations in effect at the time the Transaction is processed. Those procedures currently provide for either a wholesale market rate or the government-mandated rate in effect one day prior to the processing date, increased by 1%. Because of the fluctuations in foreign currency exchange rates, the conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
o. You agree that by acceptance or use of an Access Device, or other Electronic Funds Transfer Services the Credit Union is authorized to pay from any account you have, jointly or otherwise, with the Credit Union any amount necessary to satisfy any transaction, fee or service charge that results from your use or misuse of such services.
p. You will not obtain any Access Device(s) to make transactions on your accounts with us that is not issued or approved by us.
q. Merchants and others who honor the Check Card or related Access Device(s) may give credit for returns and adjustments, and they will do so by initiating a credit with us, and we will credit that amount to your account.
r. You understand that you must keep your share and share draft checking account open in order for your Check Card POS services to remain valid. You agree to return all Cards if you close your account(s), or upon our request.
5. Making ATM Transactions.Your PIN will allow you to identify yourself when making an ATM transaction. The presentation of your ATM card together with the input of your PIN constitutes your authorization to the Credit Union to make transactions. You agree to follow all instructions for use of ATMs accessible by your ATM card. Difficulties or complaints concerning the use or condition of any ATM should be reported directly to the Credit Union. Security or safety measures should be reported directly to the owner of any ATM not owned by the Credit Union.
NOTE: The Credit Union does accept deposits at our ATM facility. Deposits are not accepted for other institutions. Other institutions will not accept deposits at their ATMs for our members.
6. Termination and Amendment. The Credit Union reserves the right at any time to terminate your right to make Transactions and to retrieve or ask for the immediate return of any Access Device it deems necessary without prior notice to you. If notification is required by law, notice will be mailed to you at the address shown on the Credit Union's share account records. It is the obligation of each member to provide new addresses to the Credit Union.
7. Access Device Revocation. Any Access Device issued by the Credit Union may be revoked without notice to you in the event that any of the following conditions occur:
a. Overdrafts occur as a result of insufficient or uncollected funds on an account.
b. Any transaction that occurs on your account(s) which results in a monetary loss to the Credit Union.
c. Loan, VISA® or other delinquency with the Credit Union.
d. Forced closure of a share or share draft account at the Credit Union due to misuse.
e. Special balance requirements, if any, are not maintained by the member.
f. Any other situation in which the Credit Union deems revocation to be in its best interest.
8. Transaction Fees. You are allowed unlimited transactions at any ATM owned by the Credit Union or the following Networks: Cirrus
You will be charged a fee for certain transactions as follows:
o PIN reminder fee of $1.00 per occurrence.
o Replacement card fee of $3.00 per card.
o ATM Overdraft fee of $25.00.
If you submit an oral, written or e-mail stop payment request for a preauthorized payment, we will charge you a $15.00 fee for each such stop payment order. If you cancel or change any pending Online Bill Payment by completing the appropriate fields from the Online Bill Pay menu, there will be no charge.
The Schedule may be amended from time to time.
The Credit Union reserves the right to establish and maintain transaction fees and charges, which may be modified from time to time.
Note: Owners of non-Credit Union ATMs may charge fees in addition to any fees disclosed in the Schedule. These fees are generally called a “surcharge.” This is not a fee charged by your Credit Union; however, any such fee will be paid from your account(s).
9. Service Limitations, Limitation or Frequency and Dollar Amounts of Transactions. Transfer Limitations
a. Limitations Applicable to All Savings and Money Management / Market Account. For share savings and money market accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers to another account of yours or to a third party during any statement period. Of these six (6), you may make no more than three (3) transfers to a third party by check, draft, or debit card. A preauthorized transfer includes any arrangement with the Credit Union to pay a third party from the member's account upon oral or written orders including orders received through the Automated Clearing House (ACH). There is no limit on the number of transactions you may make in the following manner: (1) transfers to any loan account with the Credit Union; (2) transfers to another Credit Union account or withdrawals (checks mailed directly to you) when such transfer or withdrawal is initiated in person, by mail, or at an ATM. If a transfer request would exceed the transfer limitations set forth above in any statement period, the Credit Union may refuse or reverse the transfer, and your account will be subject to suspension or closure by the Credit Union, and the Credit Union may impose a charge.
Further, we may reduce the limit for "point-of-sale" transactions during any interruption in the electronic connection between the Credit Union and the retail outlet. Further, we may at any time limit or reduce the number or dollar amount of transactions when we, in our sole discretion, deem it in the best interest of the Credit Union.
b. Card Acceptance. We do not promise everyone will honor your Card, and we have no obligation to you if anyone refuses to accept your Card. We are not liable if any merchant, bank, financial institution or other party refuses to honor your Card, or otherwise fails to provide any services made available to you by Credit Union.
c. POS/Debit/VISA Check Card Purchases and ATM Transactions. Card Limits: Card 1: Limit for ATM withdrawals, PINned POS transactions, signature POS transactions (and total daily limits) is $105.00 online and $0.00 offline. Card 2: Limit for ATM withdrawals and PINned POS transactions is $505.00 and for signature POS transactions is $1500.00 per day online. Limit for ATM withdrawals and PINned POS transactions is $105.00 and for signature POS transactions of $300.00 per day offline. There is no limit to the number of cash withdrawals you may make in any one day from an ATM machine. You may withdraw up to $505.00 per day if there are sufficient funds in your account. You may purchase up to $1500.00 from POS terminals per day, if there are sufficient funds in your account. You may transfer up to the available balance in your accounts at the time of the transfer. The Credit Union reserves the right to refuse any transaction if you do not have an approved overdraft protection agreement with us as discussed previously herein, which would draw upon insufficient funds or require us to increase our required reserve on the account. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. Deposits: Because of the servicing schedule and processing time required in ATM operations, there is a delay between the time a deposit (either check or cash) is made and when it will be available for withdrawal You should review the Credit Union’s Funds Availability Policy to determine the availability of funds deposited at ATMs.
e. Teller 24 (Audio Response Unit). Your accounts can be accessed under audio response via a touch-tone telephone only. Not all push-button telephones are touch-tone. Converters may be purchased for pulse and rotary dial telephones. Audio response service will be available for your convenience seven (7) days per week. This service may be interrupted for a short time each day for data processing. There is a limit of 99 inquiries, transfers, or withdrawal requests you may make in any one day, and there are certain limitations on transfers from savings accounts, as explained above.
No transfer or withdrawal may exceed the available funds in your account. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to the first named owner of the account, record owner, trustee, custodian, or as otherwise indicated on your account card with us and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. There is a limit of 99 transactions during a single telephone call (and per day), however there are certain limitations on transfers from savings accounts, as explained herein. The system will discontinue if no transaction is entered. If you wish to make any further transactions, you will have to call back. The system will also discontinue after three (3) unsuccessful attempts to enter a transaction.
f. NetBranch OnLine Banking (Internet Network Connection). You may make NetBranch transactions at any time seven (7) days per week. There may be some down time. You may make fund transfers to your accounts or other accounts you authorize as often as you like, however, there are certain limitations on transfers from savings accounts, as discussed herein above. You may transfer up to the balance in your accounts at the time of the transfer, except as limited under other agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. In addition, our Funds Availability Policy may limit the availability of funds transferred by NetBranch. Account balance and transaction history information may not show all account activity involving your accounts. You may not obtain account information related to accounts other than your accounts to which you have requested a transfer.
g. Bill Payment Service (Not currently available at Dixies). The Credit Union will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. The Credit Union will not process any bill payment transfer if the required transaction information is incomplete. The Credit Union will withdraw the designated funds from your account for bill payment transfer by midnight on the date you schedule for payment. The Credit Union will process your bill payment transfer within one (1) business day on the date you schedule for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from the Credit Union. Please allow at least a seven (7) day lead-time prior to your due date. The Credit Union cannot guarantee the time that any payment will be credited to your account by the vendor and will not be liable for any service fee, late charge, or finance charge. You agree to follow the requirements of the Bill Payment Service User Instructions, which are incorporated herein by reference. [Describe where Bill Payment Services Agreement is located /where it can be obtained]
10. Data Security for NetBranch Online Banking. NetBranch is accessible only over the Internet. To prevent unauthorized access to member account data, the Credit Union employs the Secure Sockets Layer (SSL) protocol. This prevents other computers from eavesdropping by encrypting all data transmitted between the NetBranch server and the client. Members that live in the United States can use browsers that support 128 bit keys. Cracking a 128-bit key would involve trying all 2 to the 128th power combinations. Members that live abroad are currently restricted by the US Government to using browsers that support 40 bit keys. Cracking a 40-bit key would involve trying all 2 to the 40th power combinations, which are over one trillion combinations. A 40-bit key is less secure than a 128-bit key, but does provide an adequate level of security for member financial services.
The Secure Sockets Layer protocol validates the identity of the NetBranch server through the use of a digital certificate. After connecting to the NetBranch server in secure mode, our site sends a signed digital certificate, which contains the name of our Web server, its public encryption key, the certificate's validity dates, the name of the certification authority that issued the digital certificate to our site, and an unforgeable digital signature. The digital certificate authenticates to the client that a connection has indeed been established with the NetBranch server.
The Secure Sockets Layer ensures that the data transmitted between the client and the NetBranch server has not been tampered with through the use of Message Authentication Codes (MACs). This provides a quick way for the receiving end to verify that the data was not changed in route.
11. Canceling a Bill Payment Transaction and Your Stop Payment Rights.
Online Bill Payment Transactions (Not currently available at Dixies):
You may cancel or change a scheduled Online Bill Payment by selecting and accurately completing the appropriate fields from the Online Bill Pay menu. Any instruction to cancel or change an Online Bill Payment must be made by the Cut-Off Hour on the business day the transaction is to be processed. If you do not accurately complete the appropriate instructions prior to that time, we may process the transaction.
After this date it is not possible to stop or cancel a payment. To delete merchants from the Service you must contact us.
If we fail to cancel or stop any Online Bill Payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we recredit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify the Credit Union orally or in writing in time for us to receive your request three (3) business days or more before the scheduled date of the transfer. The Credit Union may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. This means that the preauthorized payment and future preauthorized payments to the payee you identify may be paid by us from your account(s) after the 14th day.
If you order us to stop a preauthorized transfer three business days or more before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit, the next date of the debit and the exact name of the payee, and we do not do so, we will be liable for your losses or damages proximately caused by our failure.
Other transactions hereunder are considered contemporaneous. Therefore, You have no right and we have no obligation to stop or to attempt to stop any other transactions.
12. Right to Documentation.
a. Terminal Transactions. You can get a receipt at the time you make any transfer to or from your account using any automatic teller machine or a point-of-sale terminal.
b. Direct Deposits. If you have arranged to have direct deposits made to your accounts at least once every sixty (60) days from the same person or company, the person or company making the deposit will tell you every time they send us the money. You can call the Teller 24 (audio response unit), use NetBranch Online Banking, visit the branch or write us at the address listed in the Schedule to find out whether a deposit has been made. If the only possible transfers to or from your accounts are direct deposits, you will get a statement from us at least quarterly.
c. Periodic Statements. Transfers and withdrawals transacted through an ATM or POS terminal, Teller 24, NetBranch OnLine Banking, or debit card purchase 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. The following comments will appear on the periodic statement of both the sender AND the receiver of funds: (1) The dollar amount of transferred funds; (2) The account number that funds were transferred from and into; (3) The names of the sender and receiver of the funds. No other account information will be exchanged.
13. Notice When Amount of Preauthorized Payment(s) Vary. If these payments will vary in amount, you have the right to receive written notice of the amount of the transfer ten (10) days before the scheduled transfer date. You agree the Credit Union will not provide such notice, but such notice must be obtained from the payee. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits set by you
14. Liability For Failure to Make a Transaction. If the Credit Union does not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, the Credit Union may be liable for your losses or damages. However, there are some exceptions to this, which include the following:
a. You do not have enough money in your account to make the transaction through no fault of ours.
b. The transaction goes over the credit limit on your overdraft line.
c. The terminal where you were making the transaction does not have enough cash.
d. The ATM terminal or other system was not working properly and you knew about the breakdown when you started the transaction.
e. Circumstances beyond our control (such as fire, flood or electrical failure) prevent the transaction, despite reasonable precautions that we have taken.
f. You have not properly followed instructions for operation of the ATM or system.
g. The funds in your account are subject to legal process or other similar encumbrance.
h. The transaction would exceed one of the established limits contained in this Agreement or by other Credit Union agreements.
i. Access to your account has been blocked after you have reported your Access Device lost or stolen or you use a damaged or expired Access Device.
15. Information Disclosure. We will disclose information to third parties about your account or the transactions you make: (1) when it is necessary for completing transactions, or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (3) in order to comply with government agency or court orders, or (4) if you give us your written permission.
16. Business Day Disclosure. For purposes of this Agreement and Disclosure, our business days are Monday through Friday. Holidays are not included.
17. In Case of Errors or Questions About Transactions. In case of errors or questions about your electronic transfers, telephone us at 843-393-0426 or write us at 501 Russell Street, Darlington, SC29532, as soon as you can. (For any errors involving a line of credit account, you must review your Loan Agreement and Disclosure and/or VISA Credit Card Agreement for a description of your rights.) We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. You should provide the following information:
1. Tell us your name and account number.
2. Describe the transfer you are unsure about, and include to the extent possible, the type, date and explain as clearly as you can why you believe it is an error or why you need more information.
3. 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, at the address listed in this Agreement and Disclosure.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error within one (1) business day after determining that an error occurred.
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 recredit your account within ten (10) business days of receiving the error notice, and will inform you, within two (2) business days, after providing the provisional credit, with the amount you think is in error, and the date, so that you will have the use of the money during the time it takes us to complete our investigation. We will correct the error, if any, within one (1) business day after determining that an error occurred. A report of our results will be delivered or mailed to you within three (3) business days after the conclusion of the investigation (including, if applicable, notice that a provisional credit has been made final).
For transactions initiated outside the United States, or resulting from a point-of-sale debit card transaction, we will have ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint or question. For transactions on accounts that have been opened less than thirty (30) calendar days, we will have twenty (20) business days instead of ten (10) business days to credit your account, and ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint or question.
If we determine that no error occurred or an error occurred in a manner or amount different from that described by the member, the results of our investigation are available, and at your request will be delivered or mailed along with documents that we relied upon in making this determination (to the extent possible without violation of other member's rights to privacy). We will notify you of the date and amount we will debit your account. Further, we will honor drafts, or similar instruments payable to third parties and preauthorized transfers from your account (without charge, as a result of an overdraft) for five (5) business days after the notification. We will only honor items that would have been paid if the provisionally credited funds had not been debited.
18. Your Liability for Unauthorized Transaction. Tell us AT ONCE if you believe your Access Device has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You are responsible for all transfers you authorize using an EFT service under this Agreement. If you permit other persons to use an EFT service or your Access Device, you are responsible for any transactions they authorize or conduct on any of your accounts.
Special Notice to VISA Check Cardholders. If there is an unauthorized use of your VISA Check Card or an Interlink transaction, and the transaction takes place on the VISA network, then your liability will be zero ($0.00). This provision limiting your liability does not apply to either VISA commercial cards or ATM cash disbursements. Additionally, your liability with respect to unauthorized transactions may be greater than the above zero ($0.00) liability limit, to the extent allowed under applicable law, if the credit union reasonably determines, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or card. In any case, to minimize your potential liability you should notify us of any unauthorized use no later than 60 days after your statement was mailed to you.
For all other EFT transactions that require the use of a PIN or Access Code, if you tell us within two (2) business days, you can lose no more than $50 if someone uses your card and PIN or Access Code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Card, PIN or Access Code, and we can prove that we could have prevented the unauthorized transaction if you had told us in time, you could lose as much as $500. In no event will you be liable for more than $50 for any unauthorized line of credit transaction.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) 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 your Card or Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you must report to us at using any of the methods set forth in paragraph 26 below.
If a good reason (such as extended travel or hospitalization) kept you from telling us, we may extend these time periods.
19. Reporting A Lost Card, PIN, or Teller 24 PIN.
If you believe that any Access Devise has been lost or stolen or that someone has withdrawn or may withdraw money from your account without your permission, you agree to immediately notify us. You can report to us at using any of the methods set forth in paragraph 26 below.
If you recover your Card after you have notified us, DO NOT USE IT.
20. Amendment. We may amend this Agreement upon giving you such notice as may be required by law, effective upon the date indicated in the notice.
21. Networks for Transactions: Besides being able to use your Access Devices at our Terminals as well as any VISA Terminal, you may access your accounts through the following networks: CIRRUS. NOTE: These Networks are subject to change from time-to-time.
22. Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of the Credit Union and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.
23. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their PCs and diskettes using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
24. Your Right to Terminate. You may cancel your Online Banking service at any time by providing us with written notice by postal mail, fax or in person. Your access to Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
25. Our Right to Terminate. You agree that we can terminate or limit your access to Online Banking Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Credit Union accounts; Online Banking Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account and (3) Upon reasonable notice, for any other reason in our sole discretion.
TERMS AND CONSENT APPLICABLE TO ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, ELECTRONIC RECORDS, ELECTRONIC MAIL (“E-MAIL”) FACSIMILE AND OTHER ELECTRONIC SERVICES AND COMMUNICATIONS.
1. Agreement. You specifically consent and agree that we may provide all disclosures, agreements, contracts, periodic statements, receipts, notices, modifications, amendments, and all other evidence of our transactions with you or on your behalf electronically (hereinafter all such documentation is referred to as “electronic record(s)”). You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Also, you may withdraw your consent and revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement to receive electronic records call, write or e-mail us as set forth in the Schedule.
2. Equipment and Software Requirements. To receive electronic records and to access our home banking services, you need a computer with a modem and web browser (such as Netscape Navigator®, Microsoft Internet Explorer® or an equivalent). Use and access to our on-line / electronic banking services requires the use of a browser that supports SSL and Cookies. You are responsible for the set-up and maintenance of your home computer and modem.
Presently, the following components are minimum requirements that your equipment must meet to use the Credit Union’s Home Banking Services:
IBM® - compatible PC (486 or higher).
Windows 3.x or Windows 95/98®.
Compatible modem (9.6Kb or higher), phone line attached.
At least 21 Mb of free hard disk space.
8 Mb of RAM for Win95 or 16Mb of RAM for Win3.x.
Windows compatible monitor and video card with 256 color support configured for small fonts.
PS/2 or Serial Mouse.
Telephone line connected to your computer.
Internet Explorer 4.0 (or higher) or Netscape Navigator 4.0 (or higher) that supports 128-bit encryption
These are the present minimum requirements that are required to access and use the system. We make no warranty or representation regarding the access speed that you will have now or in the future, as such is beyond the control of the Credit Union (depending largely on your computer system and method of access -- e.g., dial up connection vs. DSL or other connection). Also, these minimum requirements are likely to change as technology, software, and other matters continue to evolve.
Obtaining Software. You can obtain the Credit Union’s software for its Home Banking Services:
By mail or by calling.
By visiting one of our branches.
Request it by completing the online application.
By requesting any electronic funds transfers, home banking, other electronic services or transactions, by submitting any application or agreement to us electronically, or by e-mailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you. Performance of Software and Electronic Service and Warranty Disclaimer. In no event will we be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use our services, or for any loss of any data, even if we have been informed of the possibility of such damages. FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, including but not limited to any Online Banking services provided to you under this or any other agreement with us.
We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of the Credit Union and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.
Virus Protection. We are not responsible for any electronic virus or viruses that you may encounter. The Credit Union suggests that you routinely scan your PC and diskettes using a reliable virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and/or destroy your programs, files and even your hardware.
3. Electronic Signature. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Credit Union.
4. Electronic Records. To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may in our discretion store all records electronically; and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation including but not limited to checks, transaction records, notes, mortgages, deeds of trust and other loan and/or security documentation. You further acknowledge and understand that we will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.
5. “E-Mail” and Facsimile Communications. You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to an e-mail at either the address provided with the communication, the e-mail address in your Membership Application and Signature Card, or any other application or written communication actually received by us.
Any account owner, co-borrower, or authorized user may change the e-mail address for statements or other information from us at any time.
Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.
Further, the Credit Union may not immediately receive e-mail communications that you send. Also, we will not take action based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through unsecured e-mail communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction, stop payment request, or otherwise, you may call the Credit Union at the telephone number 843-393-0426..
You expressly consent and agree to us, our agents or any parties we authorize sending and your receiving any communications hereunder by facsimile or other electronic methods including any offers for Credit Union, affiliate or third party services and/or products.
6. Links to Other Sites. Our website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Credit Union of the contents on such third-party website. Credit Union is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
7. Controlling Law and Users Responsibilities. Our web site and the electronic services that we provide (excluding linked sites) are controlled by the Credit Union from its principal offices in South Carolina, which law governs this Agreement. While you may choose to access our web site and electronic services from other locations, we make no representation that any information, materials, or functions included in our web site or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own initiative; and you are solely responsible for compliance with any applicable local laws and regulations.
I agree to do business with Dixies Federal Credit Union and to receive disclosures electronically,
and have the ability to do so, as described in the Electronic Disclosure above.