You may
use
Web-24
to:
Review account balance for any of your checking, savings,
and loan accounts;
Review transaction history for any of your checking,
savings, and loan accounts;
Make transfers between any of your checking and savings
accounts;
Make your Credit Union loan payments from your checking or
savings accounts;
Withdraw funds from your regular share account by check to
be mailed to you at your address of record;
Review checks that have cleared from your checking account;
Inquire if a specific check has cleared;
Change your personal identification number/password;
Conduct any other transactions permitted by the Credit
Union.
Transactions involving your deposit accounts will be subject
to the terms and conditions of your account agreement as
applicable.
SERVICE LIMITATIONS The
following limitations on
Web-24
transactions
may apply in using the services listed above:
1.) TRANSFERS. You may make funds transfers to other Summit
Federal Credit Union accounts of yours as often as you like.
However, Federal regulations limit pre-authorized transfers
from your regular share account. During any given month, you
may not make more than six withdrawals or transfers to
another Credit Union account of yours or to a third party by
means of a preauthorized or automatic transfer. This
includes transfers by phone, fax, wire, cable, overdraft
transfers to checking, and Internet instruction.
The Credit Union will not be required to complete a
withdrawal or transfer from your share accounts if you do
not have enough money in the designated account to cover the
transaction. You agree not to use
Web-24
to
initiate a transaction that would cause the balance in your
designated share account to go below the required minimum
balance. We will not be required to complete such a
transaction, but if we do so, you agree to pay us the excess
amount or improperly withdrawn or transferred amount and any
overdrawn account fees resulting from such transactions,
immediately upon our request. We will also decline to
complete your
Web-24
transactions if we have canceled your access to
Web-24
or
we can not complete the transaction for security reasons.
2.) ACCOUNT INFORMATION. The account balance and transaction
history information may be limited to recent account
information involving your accounts. Also, the availability
of funds for transfer or withdrawal may be limited due to
processing time and our Funds Availability Policy.
3.) E-MAIL. The Credit Union may not immediately receive
E-mail communications that you send and the Credit Union
will not take action until we actually receive your message
and have a reasonable opportunity to act. Requests for funds
transfer as well as the transmittal of account information
should not be communicated to the Credit Union through the
use of E-mail. If you need to contact the Credit Union
immediately regarding an unauthorized transaction or stop
payment request, you may call the Credit Union at
330-376-3626.
PERSONAL IDENTIFICATION NUMBER "PIN"/PASSWORD SECURITY
The
PIN/Password issued to you for initial access to
Web-24 is for security purposes. You should change your
PIN/Password for security reasons the first time you use the
service. Your PIN/Password is confidential and should not be
disclosed to third parties or recorded. You agree to accept
responsibility for protecting the integrity of your
PIN/Password. You agree not to disclose or otherwise make
your PIN/Password known to anyone not authorized to sign on
your accounts. Granting access to your account through use
of
Web-24 to any non-owner will make you financially liable for all
access, losses, or misuse of your account (s) until reported
to us. You also agree that we may revoke your
Web-24 access at any time without notice to you. Tell us at once
if you believe your PIN/Password has been lost or stolen.
FEES FOR
Web-24
SERVICE
There
may be certain charges for services available in
Web-24
as set forth on the Credit Union’s Fee Schedule.
These fees may change from time to time as determined
necessary by the Credit Union Board of Directors. We will
notify you of any changes as required by law. There is
currently no monthly charge for unlimited
Web-24
service per account per month. If a fee is instituted it
will be automatically deducted from your checking account at
the end of each month and you will be notified 30 days ahead
of time of implementation of such fees. If funds are not
available in your checking account to pay the fee it will be
deducted from your savings account. To obtain a Rate and Fee Schedule, visit either Summit
FCU branch or call SFCU at (330) 376-3626.
PERIODIC STATEMENTS
Your
periodic statement will clearly identify each electronic
transaction. There will be a monthly account statement
available for each month in which you initiate electronic
transactions.
No other receipts will be mailed.
You agree by accessing your account through
WEB-24
to receive all Summit FCU account statements through
WEB-24/E-mail. By applying to use and accepting the terms of this
Agreement, Summit FCU will not mail statements to you
through the U.S. Mail, they will only be received by E-mail
until such time as
WEB-24 access is revoked by you or Summit FCU. You will have access
to an account statement at least quarterly if there is no
electronic transaction activity on your account.
CREDIT UNION’S LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do
not complete a transfer to or from your account on time or
in the correct amount according to our agreement with you
and the instructions you transmit, we will be liable for any
returned check fees resulting from our failure to perform
the transaction. However, the Credit Union will not be
liable:
If, through no fault of ours, you do not have adequate funds
in your account to complete a transaction or if your account
is closed.
If you used the wrong PIN/password or you have not properly
followed any applicable computer, Internet access, or Credit
Union user instructions for making transfers or payments.
If your computer fails or malfunctions or
Web-24
was
not properly working and such problem should have been
apparent when you attempted such transaction.
If circumstances beyond our control (such as fire, flood,
telecommunication outages, postal strikes, equipment or
power failure) prevent completion of the transaction.
If the funds in the account are subject to an administrative
hold, legal process, or other claim.
If you have not given the Credit Union complete, correct,
and current instructions so the Credit Union can process the
transfer or payment.
If the error was caused by a system beyond the Credit
Union’s control, such as your Internet Service Provider.
If there are other exceptions as designated by the Credit
Union from time to time.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will
disclose information to third parties about your account or
the transfers you make:
1.) Where it is necessary for completing transfers, 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.) To our affiliates or for
purposes of offering or providing you other products or
services, or
5.) If you give us your written permission.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC
TRANSFERS
Call us at 330-376-3626 or write;
Summit Federal Credit Union, P O Box 1460, Akron, Ohio
44309 or email us at:
postmaster@summitfcu.com
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
the date of the FIRST statement on which the problem or
error appeared.
1.) Tell us your name and account number.
2.) Describe the error or transfer you are unsure about, and
explain as clearly as you can why you believe it is an error
or why you need more information.
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 10 business days.
We will tell you the results of our investigation within 10
business days (20 business days if your question or
complaint involves a transaction to or from an account
opened within the last 30 days) after we hear from you and
correct any error promptly. If we need more time, however,
we may take up to 45 business days (90 business days if your
question or complaint involves a transaction to or from an
account opened within the last 30 days) 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 your question or complaint involves a transaction to
or from an account opened within the last 30 days) for the
amount you think is in error, so that you will have the use
of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or
question in writing and we do not receive it within 10
business days, we may not credit your account.
If we decide there was no error, we will send you a written
explanation within three business days after we finish our
investigation. You may ask for copies of documents that we
used in our investigation. The Credit Union may revoke any
provisional credit provided to you if we find an error did
not occur.
If your alleged error or question relates to a
transfer that resulted in an advance on your Home Equity
Line of Credit, after we hear from you, we cannot try to
collect any advance on your account’s Home Equity Line of
Credit you question, or report you as delinquent.
We can
continue to bill you for the amount you question, including
finance charges, and we can apply any unpaid amount against
your credit limit. You do not have to pay any questioned
advance on your account’s Home Equity Line of Credit while
we are investigating, but you are still obligated to pay the
advances that are not in question. If we find that we made
a mistake, you will not have to pay any finance charges
related to the questioned advance (s).
If we
didn’t make a mistake, you may have to pay finance charges,
and you will have to make up any missed payments on the
questioned advance (s). In either case, we will send you a
statement of the amount you owe and the date that it is
due. If you fail to pay the amount that we think you owe,
we may report you as delinquent.
However, if
our explanation does not satisfy you and you write to us
within ten(10) days telling us that you still refuse to pay,
we must tell anyone we report you to that you have a
question about your bill. And, we must tell you the name of
anyone we reported you to. We must inform anyone we've reported
you to, the results of any disputed matter once it has been settled.
STOP PAYMENTS
The
transactions you perform on
Web-24
are
"real time" transactions and cannot be canceled except by
performing corresponding reverse transactions. If you
transfer money into a third party account, transfer money
into your club accounts, or make payments on your loan
accounts, you will not be able to reverse those
transactions.
If you have arranged with the Credit Union in advance to
make regular periodic payments out of your account, you can
stop any of those payments by following these procedures:
1.) Call or write the Credit Union at the telephone number
or address set forth above in time for it to be received
three (3) or more business days before the payment is
scheduled to be made.
2.) If you call, the Credit Union may require you to put
your request in writing so that it reaches the Credit Union
within 14 days after you call.
If you order us to stop one of these payments three (3)
business days or more before the transaction is scheduled,
and we do not do so, we will be liable for any returned
check fees resulting from our failure to perform the
transaction.
AUTHORIZATION
TO OBTAIN INFORMATION
You agree
that we may obtain and review your credit report or other
information about you from an authorized credit bureau or
other person.
COORDINATION OF AGREEMENTS
These
Disclosures and Agreements constitute the agreement between
you and us related to the Service and supplement any other
agreement or disclosure related to any of your accounts.
In the
event of a conflict between these Disclosures and Agreements
and any other agreement or disclosure related to any of your
accounts, any statement by our employees or agents, or any
representation or statement relating to or set forth in the
Software, as to matters relating to the Service, these
Disclosures and Agreements shall control.
ACKNOWLEDGMENT OF EXISTING ACCOUNT DISCLOSURES AND
AGREEMENTS
You
understand and agree that all terms and conditions
associated with your accounts as provided in the account
Disclosures and Agreements shall apply and are in full force
and effect when accessing your accounts via
WEB-24.
ACKNOWLEDGMENT OF DISCLOSURES
You agree
that by using the
WEB-24 Service or allowing another to access your account (s) via
WEB-24,
that you have received a copy of, and agree to be bound by
the Disclosure and Agreements of the most recent Account
Disclosures and Agreements and
WEB-24
Disclosures and Agreement.
NO
UNILATERAL ALTERATIONS TO DISCLOSURES AND AGREEMENTS BY YOU
These
Disclosures and Agreements may not in any way be altered by
you without our express written agreement. Any attempt by
you to alter these Disclosures and Agreements without our
express written agreement shall be void and shall have no
legal effect.
You hereby
agree to indemnify and hold us harmless from and against any
and all claims, losses, liabilities, penalties, expenses and
any or other damages to the extent otherwise authorized by
law, directly or indirectly resulting from, relating to or
arising in connection with any successful or unsuccessful
attempt by you to alter these Disclosures and Agreements
without our express written agreement.
WAIVERS
No delay or
omission by us in exercising any rights or remedies under
these Disclosures and Agreements shall impair such right or
remedy or be construed as a waiver of any such right or
remedy. Any single or partial exercise of a right or remedy
shall not preclude further exercise of that right or remedy
or the exercise of any other right or remedy. No waiver
shall be valid unless in writing signed by us.
ASSIGNMENT
You may not
assign these Disclosures and Agreements, or any of your
rights or responsibilities under these Disclosures and
Agreements, to any other party. We may assign these
Disclosures and Agreements to any or all of our rights
and/or responsibilities under these Disclosures and
Agreements, or delegate any or all of such rights and
responsibilities, to any third party or parties.
GOVERNING
LAW
These
Disclosures and Agreements shall be governed by and
construed in accordance with the laws of Ohio without regard
to that state’s conflict of laws provisions. We reserve the
right at any time to terminate your right to make
Transactions as we deem it necessary without prior notice to
you.
HOLD
HARMLESS
You shall
indemnify, which includes payment of the credit union’s
attorney’s fees and court costs and hold harmless the credit
union and/or its officers, directors, employees, successors,
and assigned from and against any and all claims, demands,
liabilities, causes of actions, complaints, awards and/or
judgments for damages of any type and kind of any third
party or entity which may arise or are connected with your
use of the Service and/or the terms of this Disclosure and
Agreement. This indemnification and hold harmless provision
shall survive and be in full force and effect subsequent to
the termination of this Disclosure and Agreement.
ATTORNEY’S
FEE
In any
action, at law or in equity including arbitration, or
mediation, which is commenced to either enforce or interpret
the terms of this Disclosure and Agreement, the prevailing
party shall be entitled to recover its reasonable attorney’s
fees and court costs from the other party. The right of the
prevailing party to recover said fees shall survive and be
in full force not withstanding the termination of this
Disclosure and Agreement.
DATA
RECORDING
When you
use the Service to go online with us, transfer, account
inquiry, electronic message, or other information you enter
will be recorded. By using the Service, you consent to such
recording.
SEVERABILITY
If any
provision of these Disclosures and Agreements is determined
to be void or invalid, the remainder of these Disclosures
and Agreements, as the case may be, shall remain in full
force and effect.
HEADINGS
The Section
headings used in these Disclosures and Agreements are for
convenience only and shall not be held to limit or affect
the terms of these Disclosures and Agreements.
TERMINATING THIS AGREEMENT
You can
terminate this Agreement at any time by notifying us in
writing and ceasing to use your PIN/Password to access
Web-24.
We can also
terminate this Agreement at any time for violation of this
Agreement. Whether you terminate the Agreement or we do, the
termination does not affect your obligations under this
Agreement, even if we allow any transaction to be completed
with your PIN/Password after this Agreement has been
terminated.
CHANGING THIS AGREEMENT
The
Credit Union reserves the right to modify the terms of this
Agreement from time to time as deemed necessary. We will
notify you at least 30 days before the change will take
effect if the change will cause you a greater cost or
liability or if it will limit your access to
Web-24.
You will be
notified of the changes in the Credit Union’s monthly
newsletter and/or in a special mailing to members with
access to
WEB-24. We do not have to notify you in advance, however, if the
change is for security reasons.
To
complete an application for
Web-24,
you must agree to these terms and conditions.
Online Bill Payment Terms and Conditions
A. SERVICE DEFINITIONS:
“Member” means the Summit Federal Credit Union (Summit FCU) member
that has applied for and been approved for the Service, and is party to this
document. "Service" means the Bill Payment Service offered by Summit FCU.
"Agreement" means these Terms and Conditions of the bill payment service.
"Payee" is the person or entity to which the Member wishes a bill payment
to be directed or is the person or entity from which the Member receives
electronic bills, as the case may be. "Payment Instruction" is the
information provided by the Member to the Service for a bill payment to be made
to the Payee (such as, but not limited to, Payee name, Payee account number, and
Scheduled Payment Date). "Payment Account" is the Summit FCU member
account from which bill payments will be debited. "Billing Account" is
the Summit FCU account from which all Service fees will be automatically
debited. "Business Day" is any Monday through Friday, excluding Federal
Reserve holidays, 9:00am – 5:00pm in the time zone of the Credit Union’s main
office. "Scheduled Payment Date" is the day the Member wants the Member’s
Payee to receive the Member’s bill payment. "Due Date" is the date
reflected on the Member’s Payee statement for which the payment is due. It is
not the late date or grace period. "Scheduled Payment" is a payment that
has been scheduled through the Service but has not begun processing.
B. BILL PAYMENT SCHEDULING:
Transactions begin processing Five (5)
Business Days prior to the Member’s Scheduled Payment Date. Therefore, the
application will not permit the Member to select a Scheduled Payment Date less
than Five (5) Business Days from the current date. When scheduling payments the
Member must select a Scheduled Payment Date that is no later than the actual Due
Date reflected on the Member’s Payee statement unless the Due Date falls on a
non-Business Day. If the actual Due Date falls on a non-Business Day, the Member
must select a Scheduled Payment Date that is at least one (1) Business Day
before the actual Due Date. Scheduled Payment Dates should be prior to any late
date or grace period.
C. THE SERVICE LEVEL AGREEMENT:
Due to circumstances beyond the control of
the Service, particularly delays in handling and posting payments by Payees or
financial institutions, some transactions may take longer to be credited to
Member account. The Service will bear responsibility for any late payment
related charges up to $50.00 should a payment post after its Due Date as long as
the payment was scheduled in accordance with the guidelines described under
"Bill Payment Scheduling" in this Agreement.
Transaction limitations - The Service will not process
any payments less than $1.00 or greater than $2,000. The Member will be assigned
a transactional limit, a daily limit and a weekly limit at enrollment based on
parameters associated with the Member credit history. The Member agrees to
accept the limits set by the Service. We reserve the right to limit the amount
the Member may have debited from or credited to the Member Payment Account on
any given day and/or week. Additionally, the Service reserves the right to limit
the Member’s use of this functionality by imposing limits, hold times, or other
measures should we believe that suspicious activity has occurred or may occur.
The Member authorizes the Service to check the Member’s credit history at
enrollment and to obtain follow-up credit reports on the Member. Information
obtained will be used by the Service to verify information the Member provided
to the Service and to set limits associated with the Member’s use of the
Service. The Service reserves the right to verify any of the information that
the Member provides.
The Service shall have the right to terminate the Member’s use
of the Service, reject or reverse any transactions the Member initiates, and/or
restrict or condition the Member’s right to send or receive money at any time
and for any reason, including, but not limited to:
A. Excessive use;
B. Using the Service (directly or indirectly) for any unlawful purpose;
an/or
C Tampering, hacking, modifying or otherwise attempting to corrupt the
security or functionality of the Service.
D. PAYMENT AUTHORIZATION AND
PAYMENT REMITTANCE:
By providing the Service with names and
account information of Payees to whom the Member wishes to direct payments, the
Member authorizes the Service to follow the Payment Instructions that it
receives through the payment system. In order to process payments more
efficiently and effectively, the Service may edit or alter payment data or data
formats in accordance with Payee directives. When the Service receives a Payment
Instruction, the Member authorizes the Service to debit the Member’s Payment
Account and remit funds on the Member’s behalf so that the funds arrive as close
as reasonably possible to the Scheduled Payment Date designated by the Member.
The Member also authorizes the Service to credit the Member’s Payment Account
for payments returned to the Service by the United States Postal Service or
Payee, or payments remitted to the Member on behalf of another authorized user
of the Service. The Service will use its best efforts to make all of the
Member’s payments properly. However, the Service shall incur no liability and
any Service Guarantee shall be void if the Service is unable to complete any
payments initiated by the Member because of the existence of any one or more of
the following circumstances:
If, through no fault of the Service, the Member’s Payment Account does not
contain sufficient funds to complete the transaction or the transaction would
exceed the credit limit of the Member’s overdraft account;
The payment-processing center is not working properly and the
Member knows or has been advised by the Service about the malfunction before the
Member executes the transaction; The Member have not provided the Service with
the correct Payment Account information, or the correct name, address, phone
number, or account information for the Payee; and/or, Circumstances beyond
control of the Service (such as, but not limited to, fire, flood, or
interference from an outside force) prevent the proper execution of the
transaction and the Service has taken reasonable precautions to avoid those
circumstances.
Provided none of the foregoing exceptions are applicable, if
the Service causes an incorrect amount of funds to be removed from the Member’s
Payment Account or causes funds from the Member’s Payment Account to be directed
to a Payee which does not comply with the Member’s Payment Instructions, the
Service shall be responsible for returning the improperly transferred funds to
the Member’s Payment Account, and for directing to the proper Payee any
previously misdirected transactions, and, if applicable, for any late payment
related charges.
E. PAYMENT METHODS:
The Service reserves the right to select the method in which to remit
funds on the Member’s behalf to the Member’s Payee. These payment methods may
include, but may not be limited to, an electronic payment, an electronic to
check payment, or a laser draft payment.
F. Member Information
The Member agrees to provide true and
accurate enrollment information to the Service, and to maintain and promptly
update the Member’s information as applicable. The Member agrees not to
impersonate any person or use a name that the Member is not authorized to use.
The Member must be at least eighteen (18) years of age to
enroll in the Service. The Member must be a resident of the United States or its possessions, and use the Service for
individual purposes only, not on behalf of any business, corporation,
proprietorship or other entity. The Member must have a valid e-mail address and
access to the Internet. The Member must be a legal owner of the Summit FCU
Member Account registered for the Service. We reserve the right to limit the
number of memberships the Member has with the Service.
G. PAYMENT CANCELLATION REQUESTS:
The Member may cancel or edit any
Scheduled Payment (including recurring payments) by following the directions
within the application. There is no charge for canceling or editing a Scheduled
Payment. Once the Service has begun processing a payment it cannot be cancelled
or edited, therefore a stop payment request must be submitted.
H. STOP PAYMENT REQUESTS:
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also not
have a reasonable opportunity to act on any stop payment request after a payment
has been processed. If the Member desires to stop any payment that has already
been processed, the Member must contact Member Service. Although the Service
will make every effort to accommodate the Member’s request, the Service will
have no liability for failing to do so. The Service may also require the Member
to present the Member’s request in writing within fourteen (14) days. The charge
for each stop payment request will be the current charge for such service as set
out in the applicable fee schedule.
I. PROHIBITED PAYMENTS:
Payments to Payees outside of the United States or its territories are prohibited through the
Service.
J. EXCEPTION PAYMENTS:
Tax payments and court ordered payments
might be scheduled through the Service; however, such payments are discouraged
and must be scheduled at the Member’s own risk. In no event shall the Service be
liable for any claims or damages resulting from the Member’s scheduling of these
types of payments. The Service Guarantee as it applies to any late payment
related changes is void when these types of payments are scheduled and/or
processed by the Service. The Service has no obligation to research or resolve
any claim resulting from an exception payment. All research and resolution for
any misapplied, misposted or misdirected payments will be the sole
responsibility of the Member and not of the Service.
K. EXCLUSIONS OF WARRANTIES:
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
L. PASSWORD AND SECURITY
The Member agrees not to give or make available the Member’s password or
other means to access the Member’s account to any unauthorized individuals. The
Member is responsible for all payments the Member authorize using the Service.
If the Member permits other persons to use the Service or the Member’s password
or other means to access the Member’s account, the Members are responsible for
any transactions they authorize. If the Member believes that the Member’s
password or other means to access the Member’s account has been lost or stolen
or that someone may attempt to use the Service without the Member’s consent or
has transferred money without the Member’s permission, the Member must notify
the Service at once by calling 1-330-376-3626 during member service hours
M. THE MEMBER’S LIABILITY FOR UNAUTHORIZED TRANSFERS:
If the Member tells the Service within two (2) Business Days after the
Member discovers the Member’s password or other means to access the Member’s
account has been lost or stolen, the Member’s liability is no more than $50.00
should someone access the Member’s account without the Member’s permission. If
the Member does not tell us within two (2) Business Days after the Member learns
of such loss or theft, and we can prove that we could have prevented the
unauthorized use of the Member’s password or other means to access the Member’s
account if the Member had told us, the Member could be liable for as much as
$500.00. If the Member’s monthly financial institution statement contains
transfers that the Member did not authorize, the Member must tell us at once. If
the Member does not tell us within sixty (60) days after the statement was sent
to the Member, the Member may lose any amount transferred without the Member’s
authorization after the sixty (60) days if we can prove that we could have
stopped someone from taking the money had the Member told us in time. If a good
reason (such as a long trip or a hospital stay) prevented the Member from
telling us, we may extend the period.
N. ERRORS AND QUESTIONS:
In case of errors or questions about the
Member’s transactions, the Member should as soon as possible notify us via one
of the following:
Telephone us at 1-330-376-3626 during member service hours;
Contact us by using the application's e-messaging feature; and/or, Write us at:
Summit Federal Credit Union
P O Box 1460
Akron,
OH 44309-1460
If the Member thinks the Member’s statement is incorrect or
the Member needs more information about a Service transaction listed on the
statement, we must hear from the Member no later than sixty (60) days after the
FIRST statement was sent to the Member on which the problem or error appears.
The Member must:
Tell us the Member’s name and Service account number; describe
the error or the transaction in question, and explain as clearly as possible why
the Member believes it is an error or why the Member needs more information;
and, tell us the dollar amount of the suspected error.
If the Member tells us verbally, we may require that the Member send the
Member’s complaint in writing within ten (10) Business Days after the Member’s
verbal notification. We will tell the Member the results of our investigation
within ten (10) Business Days after we hear from the Member, and will correct
any error promptly. However, if we require more time to confirm the nature of
the Member’s complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide to do this, we
will provisionally credit the Member’s Payment Account within ten (10) Business
Days for the amount the Member thinks is in error. If we ask the Member to
submit the Member’s complaint or question in writing and we do not receive it
within ten (10) Business Days, we may not provisionally credit the Member’s
Payment Account. If it is determined there was no error we will mail the Member
a written explanation within three (3) Business Days after completion of our
investigation. The Member may ask for copies of documents used in our
investigation. The Service may revoke any provisional credit provided to the
Member if we find an error did not occur.
O. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES:
It is our general policy to treat the
Member’s account information as confidential. However, we will disclose
information to third parties about the Member’s account or the transactions the
Member makes ONLY in the following situations:
Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of the Member’s account to
a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or,
If the Member gives us written permission.
P. SERVICE FEES AND ADDITIONAL CHARGES:
Any applicable fees will be charged
regardless of whether the Service was used during the billing cycle. There may
be a charge for additional transactions and other optional services. The Member
agrees to pay such charges and authorizes the Service to deduct the calculated
amount from the Member’s designated Billing Account for these amounts and any
additional charges that may be incurred by the Member. Any financial fees
associated with the Member’s standard deposit accounts will continue to apply.
The Member is responsible for any and all telephone access fees and/or Internet
service fees that may be assessed by the Member’s telephone and/or Internet
service provider.
Q. FAILED OR RETURNED TRANSACTIONS:
In using the Service, the Members are requesting the Service
to make payments for the Member from the Member’s Payment Account. If we are
unable to complete the transaction for any reason associated with the Member’s
Payment Account (for example, there are insufficient funds in the Member’s
Payment Account to cover the transaction), the transaction will not be
completed. In some instances, the Member will receive a return notice from the
Service. In such a case, the Member agrees that:
The Member will reimburse the Service immediately upon demand
the transaction amount that has been returned to the Service;
For any amount not reimbursed to the Service within fifteen (15) days of
the initial notification, a late charge equal to 1.5% monthly interest or the
legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
The Member will reimburse the Service for any fees imposed by the Member’s
financial institution as a result of the return;
The Member will reimburse the Service for any fees it incurs in attempting
to collect the amount of the return from the Member; and,
The Service is authorized to report the facts concerning the return to any
credit-reporting agency.
R. ALTERATIONS AND AMENDMENTS:
This Agreement, applicable fees and
service charges may be altered or amended by the Service from time to time. In
such event, the Service shall provide notice to the Member. Any use of the
Service after the Service provides the Member a notice of change will constitute
the Member’s agreement to such change(s). Further, the Service may, from time to
time, revise or update the applications, services, and/or related material,
which may render all such prior versions obsolete. Consequently, the Service
reserves the right to terminate this Agreement as to all such prior versions of
the applications, services, and/or related material and limit access to only the
Service's more recent revisions and updates.
S. ADDRESS OR BANKING CHANGES:
It is the Member’s sole responsibility to
ensure that the contact information in the Member’s user profile is current and
accurate. This includes, but is not limited to, name, address, phone numbers and
email addresses. Changes can be made either within the application, by coming
into the Credit Union or by completing, signing and sending a change form found
at:
http://www.summitfcu.com/forms/ChangeAddressForm.pdf. Any changes in the
Member’s Payment Account should also be made in accordance with the procedures
outlined within the application's Help files. All changes made are effective
immediately for scheduled and future payments paid from the updated Payment
Account information. The Service is not responsible for any payment processing
errors or fees incurred if the Member does not provide accurate Payment Account
or contact information.
T. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION:
In the event the Member wishes to cancel
the Service, the Member may have the ability to do so through the product, or
the Member may contact the Credit Union via one of the following:
Telephone us at 1-330-376-3626 during member service hours; and/or o:p>
Write us at:
Summit Federal Credit Union
P O Box 1460
Akron,
OH 444309-1460
Any payment(s) the Service has already processed before the
requested cancellation date will be completed by the Service. All Scheduled
Payments including recurring payments will not be processed once the Service is
cancelled. The Service may terminate or suspend Service to the Member at any
time. Neither termination nor suspension shall affect the Member’s liability or
obligations under this Agreement.
U. PAYEE LIMITATION:
The Service reserves the right to refuse to pay any Payee to whom the
Member may direct a payment. The Service will notify the Member promptly if it
decides to refuse to pay a Payee designated by the Member. This notification is
not required if the Member attempts to make a prohibited payment or an exception
payment under this Agreement.
V. RETURNED PAYMENTS:
In using the Service, the Member
understands that Payees and/or the United States Postal Service may return
payments to the Service for various reasons such as, but not limited to, Payee's
forwarding address expired; Payee account number is not valid; Payee 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 and return it to the
Member’s Payee, or void the payment and credit the Member’s Payment Account. The
Member may receive notification from the Service.
W. INFORMATION AUTHORIZATION:
The Member’s enrollment in the Service may not be fulfilled if the Service
cannot verify the Member’s identity or other necessary information. Through the
Member’s enrollment in the Service, the Member agrees that the Service reserves
the right to request a review of the Member’s credit rating at its own expense
through an authorized bureau. In addition, the Member agrees that the Service
reserves the right to obtain financial information regarding the Member’s
account from a Payee or other financial institution(s) (for example, to resolve
payment posting problems or for verification).
X. DISPUTES:
In the event of a dispute regarding the
Service, the Member and the Service agree to resolve the dispute by looking to
this Agreement. The Member agrees that this Agreement is the complete and
exclusive statement of the agreement between the Member and the Service which
supersedes any proposal or prior agreement, oral or written, and any other
communications between the Member and the Service relating to the subject matter
of this Agreement. If there is a conflict between what an employee of the Credit
Union says and the terms of this Agreement, the terms of this Agreement will
prevail.
Y. ASSIGNMENT:
The Member may not assign this Agreement
to any other party. The Service may assign this Agreement to any future,
directly or indirectly, affiliated company. The Service may also assign or
delegate certain of its rights and responsibilities under this Agreement to
independent contractors or other third parties.
Z. NO WAIVER:
The Service shall not be deemed to have waived any of its
rights or remedies hereunder unless such waiver is in writing and signed by the
Service. No delay or omission on the part of the Service in exercising any
rights or remedies shall operate as a waiver of such rights or remedies or any
other rights or remedies. A waiver on any one occasion shall not be construed as
a bar or waiver of any rights or remedies on future occasions.
AA.
CAPTIONS:
The captions of sections hereof are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this Agreement.
BB.
GOVERNING LAW:
This Agreement shall be governed by and construed in
accordance with the laws of the State of
Ohio, without regard to its
conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S
ENTIRE LIABILITY AND THE MEMBER’S EXCLUSIVE REMEDY. IN NO EVENT SHALL THE
SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY
THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE
EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
I HAVE READ AND UNDERSTAND THE FOREGOING
AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Summit FCU Terms and Conditions are posted and available to our members at
our Web site: href="http://www.summitfcu.com/">www.summitfcu.com