Effective October 15, 2012
This Disclosure and Agreement establishes the rules and requirements regarding UNIFY Financial Credit Union's eBanking services. By utilizing the service, you agree to the terms and conditions of the Disclosure and Agreement. Read this document carefully. You can print a copy for your files.TERMS USED:
"We," "our," "us," “Unify” and "Credit Union" shall mean UNIFY Financial Credit Union. You" and "Your" shall refer to the Credit Union member, joint owner, or anyone authorized by the member to use the account.GOVERNING DOCUMENTS:
Your use of the eBanking service is governed by this Disclosure and Agreement, the Membership Booklet, and any other agreements you have with us concerning your activities with the Credit Union. If you use the eDeposit service, you agree to be governed by the eDeposit Services Agreement which is also included by reference. Any fees for services are contained in the Disclosure of Fees and Services.GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.DISPUTES:
In the event of a dispute regarding the eBanking, you and the Credit Union agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Credit Union which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Credit Union or any employee says and the terms of this Agreement, the terms of this Agreement will prevail.CREATION AND CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD:
You are required to create a Username and Password in connection with your registration and use of the eBanking service. You should create a complex Username and Password so that others cannot guess or figure out what they are. The Username and Password are required for security purposes in connection with the authentication of your access to the eBanking service and the transfers and payments you initiate through the eBanking service. Your Username and Password are confidential and should NOT be disclosed to others or recorded on documentation or records located on or around your personal computer. You are responsible for the proper safekeeping of your Username and Password. You agree not to disclose or otherwise make your Username and Password available to anyone. If you authorize anyone to use your Username and Password, that authority shall continue until you specifically revoke such authority by changing the Username and Password or by notifying us and creating a new Username and Password. You understand that if you reveal your Username and Password to anyone, you have authorized that individual to transfer and withdraw funds from any of your accounts which can be accessed by the Username and Password, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of eBanking.
If you fail to maintain security of your Username and Password and we suffer a loss, we reserve the right to terminate your eBanking services under this Agreement as well as your other Credit Union account and loan products and services. Users of the eBanking service should utilize such other Username and Password protection precautions as may be appropriate under any particular set of circumstances to ensure proper security over system access and access to account and transaction information and funds transfer capabilities. eBanking provides the capability for you to change your Username and Password at any time. To help safeguard your security, you should change your Username and Password frequently.
If you forget your Username or Password you should first utilize the “Forgot Username” and/or “Forgot Password” feature available on the Sign In webpage to assist you. Otherwise, if you forget your Username of Password or your system access is locked or disabled due to the use of an incorrect Username or Password, contact the Credit Union at 877.254.9328
. We may require that you re-register to gain access to the eBanking service.
This service provides you with convenient, paperless access to your monthly account statements. Your eStatements will contain all of the same information as paper statements and you will have the same opportunities to contact us about any questions or disputes.ACCESS TO eSTATEMENTS AND REQUIREMENTS:
- eBanking Access - eStatements are accessed via eBanking service. You must have access to eBanking and a valid password in order to retrieve your eStatements.
- A valid email address - You must have an active, valid email address on file with the Credit Union. If at anytime your email address changes, you must notify the Credit Union immediately via Online Banking, or by contacting us at 877.254.9328 and speaking with a Call Center Representative.
- Adobe Acrobat Reader - You must have Adobe's Acrobat Reader installed on your computer in order to view your eStatements. The minimum required version is Acrobat Reader version 6.
In order to signup for the eStatement service you must agree to this Disclosure and Agreement. By agreeing to this document you elect and authorize the Credit Union to begin electronic delivery of your account statements and marketing material, as well as notices we are required to provide under applicable Federal and State laws and regulations.eSTATEMENT ACTIVATION:
Once you have agreed to this document your eStatement service will be automatically activated. You will then be sent an email announcement when your next monthly eStatement is available. In the first month after activation, you will receive both a paper and electronic statement. After that, you will receive only an electronic statement.VISA eSTATEMENTS:
If you signup for eStatements and have a Unify Visa credit card you also agree to receive your monthly Visa statements via electronic statement. You will receive a separate email announcement when your Visa eStatement is available. Your Visa eStatements will contain all of the same information as paper statements and you will have the same opportunities to contact us about any questions or disputes.RETAINING ESTATEMENTS:
Your eStatements will be available via eBanking for a period of twelve (12) months from the date of posting. You agree to download and print or otherwise save and store your eStatements and any disclosures for future reference.YOUR RIGHT TO TERMINATE:
You may cancel your eStatement service at any time online by selecting the "Paper Statements" option on your eStatements summary page, by submitting a request in writing, or by contacting us at 877.254.9328
and speaking with a Call Center Representative. Your request will take no longer than thirty (30) days to become effective from the date the Credit Union receives the request. If you cancel eStatements, the Credit Union will resume sending your statement via regular mail.OUR RIGHT TO TERMINATE:
You agree that the Credit Union can terminate the eStatement service and provide you with mailed statements for any reason at any time.OUR RIGHT TO CHANGE:
You agree that the Credit Union can amend, supplement, change or discontinue any of these terms and disclosures at any time by posting same in this location. If you continue to use this service after any such change, you are considered as agreeing to the change. If you do not agree to the change, you must terminate as set forth above.OUR LIABILITY FOR FAILURE TO PROVIDE eSTATEMENT NOTIFICATION:
If we do not provide an eStatement notification according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions under which we will not be liable. Some such exceptions include but are not limited to the following:
- The email address on file is invalid.
- Your email or Internet service provider filters the notification from your Inbox (e.g. considers it "spam" or "junk mail").
- Circumstances beyond our control (such as fire, flood, earthquake, electrical failure, or malfunction of central data processing facility, etc.) prevent the notification, despite reasonable precautions that we have taken.
- There is a malfunction in your personal computer browser and/or software.
"Service" means the Bill Payment Service (ePay) offered by UNIFY Financial Credit Union.
"Credit Union" means UNIFY Financial Credit Union.
"Agreement" means these Terms and Conditions of the ePay Service.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller 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.THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date for electronic payments.PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize 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 Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your 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 you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; 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 your Payment Account, or causes funds from your Payment Account to be directed to a Biller that does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. 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.PROHIBITED PAYMENTS
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
- Information Provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
- Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
- Authorization to Obtain Bill Data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
- Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
- Cancellation of Electronic Bill Notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
- Non-Delivery of Electronic Bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
- Accuracy and Dispute of Electronic Bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.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.DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
FAILED OR RETURNED TRANSACTIONS
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service(which may or may not be the Credit Union). In such case, you agree that:
ADDRESS OR BANKING CHANGES
- You 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;
- You will reimburse the Service for any fees imposed by the Credit Union as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit-reporting agency.
It is your sole responsibility to ensure that the contact information in your 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 Service or by contacting our Call Center. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the Service'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 you do not provide accurate Payment Account or contact information.BILLER LIMITATION
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.