Online Banking Services Agreement and Consent to Electronic Documents

To use Online Banking, you must have an account in good standing at the credit union, have executed this agreement, and have received approval from the credit union for your use of the service, as described further below.

Your use of our Online Banking services for personal or business members is governed by this agreement. This agreement will be governed by and interpreted in accordance with all applicable federal laws and regulations and to the extent that such applicable federal law or regulation has not preempted them, in accordance with the laws of the state of Virginia, without regard to its conflicts of law provisions. The terms of this agreement supplement, and supersede where inconsistent, the terms and conditions of the Business Deposit Account or the Personal Deposit Account Agreement, as may be applicable for your account. Not all types of accounts qualify for our Online Banking service.

b. Access to Services

To use Online Banking, you must have a computer or a mobile Internet-enabled access device, access to the Internet, an email address, and a Login ID and password. We may also utilize uniquely identifying information to confirm your identity. There may be additional or optional security measures installed by us from time to time as we determine necessary to ensure the security of the services.

You will be enrolled in Online Banking by accepting the terms and conditions stated in this Online Banking Services Agreement, enabling you to access only those accounts that you have designated through and that are eligible for access with Online Banking. You may also request to add or remove an account by submitting a secure message through Online Banking.

Subject to applicable law, and at our sole discretion, we reserve the right to modify, limit, suspend, or terminate access to the service at any time without notice or refund of previously incurred fees. We may also limit the dollar amount and/or frequency of your transfers and payments at our discretion.

Online Banking is available twenty-four (24) hours a day, seven (7) days a week. Some services may not be available from time to time due to system maintenance. You are responsible for the operation and maintenance of your computer or mobile device and for ensuring it meets the technical requirements to access Online Banking. The credit union is not responsible for any errors or failures involving your computer or Internet service provider or for any telecommunication difficulties that will not allow use of wireless banking services or products.

c. Access Codes and Protecting Your Personal Information

To use our service, you must use the access codes we establish or provide for you or access codes you establish using the parameters acceptable to us. Keep them confidential to prevent unauthorized use or loss to your accounts. Anyone to whom you give your access codes will have full access to your accounts even if you attempt to limit that person s authority. Additionally, that person will have full access to any other of your accounts that are accessed by those access codes, even if those accounts are in your name only or your name with another person.

In addition to protecting your access codes, you should also take precautions to protect your personal identification information, such as your driver s license, Social Security number, or tax identification number. No one from the credit union will contact you via phone or email requesting your access codes. You should also protect and secure all information and data stored in any personal computer or other equipment you use to access our Online Banking.

d. Security of Account Login Credentials

To enroll in Online Banking for the first time, you will establish a Login ID, and will be required to supply your member account number and last name, as well as provide additional authentication information as requested for enrollment. To complete the enrollment process, use your Login ID and temporary password. After your initial sign-in, you may change your password at any time by selecting Security Preferences from the menu within Online Banking.

The login credentials (passwords and enhanced login security information) that you select are for your security purposes. You should keep this information confidential and not disclose it to a third party. You are responsible for safekeeping the login credentials. You agree that you will not disclose or otherwise make your login credentials available to anyone who is not an owner on your accounts or is not authorized by you to sign on your accounts.

You understand that any owner on your accounts and anyone you authorize to have or use your login credentials may use Online Banking to view your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your login credentials, and you agree that use of your login credentials will have the same effect as your signature authorizing transactions. Additionally, you will be liable for unauthorized use of your login credentials to the extent allowed by applicable federal and state laws.

If you authorize anyone to use your login credentials in any manner, this authorization will be considered unlimited in amount and manner until you specifically revoke such authority by immediately notifying the credit union and changing your login credentials. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your login credentials are changed. If you fail to maintain or change the security of your login credentials and the credit union suffers a loss, we may terminate your Online Banking services immediately.

e. Types of Transactions Available

You authorize the credit union to process the permitted transactions you initiate through Online Banking. The following transactions are currently available:

• Review account balances, transaction history, year-to-date dividends for deposit accounts
• Review account balances, due dates, payoff amounts, interest rates, and transaction history for loan accounts
• Make payments to loan and credit card accounts
• Transfer funds among linked accounts with us, or your account at other institutions
• View check images
• Stop payment of checks you have written
• Reorder checks
• Download and/or export account history information for use with other systems such as Quicken and QuickBooks
• Access your account through your mobile device
• Access E-statements and E-notices
• Send secure messages to us with questions regarding your accounts
• Submit updated change of address information
• Submit secure online forms
• View account balances and transactions at other institutions through Financial Tools
• Receive and pay bills with Bill Pay (separate registration through Financial Tools)
• Download account history to financial management software
• Set up account alerts

The credit union may add other transactions or services from time to time. By using these services when they become available, you agree to be bound by the terms and conditions associated with such services, as such terms and conditions are provided to you by us. The use of certain services may incur fees or other charges. See our Fee Schedule for further details.

Transactions involving your deposit accounts will be subject to the terms of your account agreement. Transactions involving a line of credit account will be subject to your loan agreement and disclosures as applicable.

f. Transfer of Funds

Fund transfers can be made on a one-time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals.

• Internal Transfers: Internal transfers will be posted to any account with us from which it is made, and to any other account with us that is involved in the transaction, on the business day on which the transfer is made. Each transfer you make on a non-business day, or after our Online Banking cutoff time on any business day, will be considered made on the following business day. Information you obtain about your accounts using our services may not reflect transactions that have not yet been posted to your accounts. You should keep that in mind when you perform or attempt to perform any transactions based on such information.
• Preauthorized Recurring Fund Transfers: To the extent we make them available, you authorize us to establish preauthorized recurring fund transfers in accordance with the requests you make for us to do so. We will only allow preauthorized recurring fund transfers that do not vary in amount.
• External Transfers: External transfers allow you to transfer funds to or from your personal accounts at another financial institution. We may allow you to link external accounts that you own or for which you have unlimited authority to initiate deposits and withdrawals. By linking an external account, you authorize us to initiate automated clearinghouse (ACH) debit or credit entries to such external account. By linking an external account, you also certify that you are an owner or authorized on the external account with unlimited withdrawal or deposit rights on the depository institution s records, to originate transfers to or from the account. You agree to provide us written documentation of your ownership of or unlimited authority regarding such external linked accounts, as applicable, on our request. You are required to notify us if any external linked account is closed or your withdrawal rights are limited or removed so such external linked account may be un-linked from Online Banking. You acknowledge that all transactions involving external linked accounts must comply with applicable law. The offsetting entries for any transfer to or from an external linked account must be made to or from one of our accounts. Transfers between external linked accounts are prohibited. When initiating a transfer to or from an external linked account, if you are not an owner of such account, you certify that you have full authority to initiate such transfer and that such transfer has been authorized

If this service is made available to you, you must agree to be bound by the terms of service for transferring funds by accepting the presented user agreement.

Enrollment and Access; Types of Transfer Requests: Within Online Banking you may separately enroll for the External Transfer service (“Service”; “External Transfers”). External Transfers are outbound and inbound electronic fund transfers that allow you to move funds between one of your eligible accounts with us and a registered account at another financial institution. You will need to enroll each non-UVA Community Credit Union account that you wish to use for External Transfers. We may allow you to link external accounts that you own or for which you have unlimited authority to initiate deposits and withdrawals. By linking an external account, you authorize us to initiate automated clearinghouse (ACH) debit or credit entries to such external accounts. By linking an external account, you also certify that you are an owner or authorized on the external account with unlimited withdrawal or deposit rights on the depository institution’s records to originate transfers to or from the account. You agree to provide us written documentation of your ownership or unlimited authority regarding such external linked accounts, as applicable, on our request. You are required to notify us if any external linked account is closed or your withdrawal rights are limited or removed so such external linked accounts may be un-linked from Online Banking. You acknowledge that all transactions involving external linked accounts must comply with applicable law. The offsetting entries for any transfer to or from an external linked account must be made to or from one of our accounts. Transfers between external linked accounts are prohibited. When initiating a transfer to or from an external linked account, if you are not an owner of such account, you certify that you have full authority to initiate such transfer and that such transfer has been authorized.

There are three types of transfers available for the External Transfer Service:
(1) a one time transfer for which processing shall be initiated that day;
(2) a one time transfer for which processing shall be initiated at a later specified date up to one (1) year;and
(3) a recurring series of transfers for which processing shall be initiated on the specified dates.

You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law and that you are authorized to conduct transactions on all accounts involved in the transfer. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this Service will be verified in accordance with our procedures.

In order to verify an external account, you authorize us to make and reverse a small ($1.00 or less) deposit to the account. You agree that we are not responsible for any overdraft, insufficient funds, or other fees that result solely as a result of your failure to make at least $1.00 available for transfer.

Scheduling: The cutoff time for initiating transfers is 4:00 PM Eastern Time. Funds requested to be transferred will be debited or credited to the other account according to the receiving Financial Institution’s availability and transaction processing schedule. Once a transfer is made to another financial institution, we will have no further responsibility or liability for the deposit or withdrawal of such funds.

Posting: Outbound transfers will be initiated on the processing date you select and funds will be debited from your account on the following business day provided you have met the cutoff time for submitting the External transfer. Inbound transfers will be initiated on the processing date you select and funds will be credited to your account and generally available on the next business day provided you have met the cutoff time for submitting the External transfer. Transfers are typically processed Monday through Friday, excluding holidays. Notwithstanding anything to the contrary herein, if the scheduled transaction date is a weekend or holiday, the transfer will be initiated on the next business day.

Cancelling Scheduled Transfers: In general, External Transfers (either one-time or recurring) can be cancelled prior to the cut-off time (4:00 PM Eastern Time) on the business day they are scheduled to be processed. However, if the transfer's status is approved, you can no longer cancel it. Immediate transfers cannot be cancelled via the Service once the transfer has been processed. You waive all liability or damages for any payment made before we have a reasonable opportunity to act on your termination notice.

Limitations on Transfers; Transfer Fees: Limits for external transfers are set forth in the Fee Schedule.Limits apply to the total of all External Transfers for all accounts enrolled in the Service. We reserve the right to raise or lower limits, generally or as to particular accounts, at any time and without prior notice other than any notice required by applicable law. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. A transfer remains "Authorized" until fully processed. Transfers initiated after the cut-off time typically remain In Process until the close of the 2nd Business Day after the transfer is initiated, and, for External Transfers initiated before the cut-off time, until the close of the next Business Day after the transfer is initiated. There currently are no fees for the use of this Service. Fees may be charged for any returned item in accordance with our Service Charge Schedule and are subject to change. Except as specifically listed in this agreement, this Service is subject to the definitions and terms of our Online Banking Agreement or any amendments thereto.

Disqualifying Events: You agree that we may reduce the dollar limits on transfers as described above, or terminate your eligibility to make future transfers (including cancelling scheduled future transfers), in each case without prior notice (other than any notice required by applicable law), upon occurrence of a Disqualifying Event. Each of the following is a "Disqualifying Event":

(i) Any of your Accounts with us are not current or are not in good standing.

(ii) You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Account with us during the current or three (3) prior calendar months.

(iii) You have had any prior External Transfer involving accounts at other financial institutions cancelled, revoked, or not completed due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

(iv) You attempt to use External Transfers to transfer funds between your eligible consumer Accounts with certain non-consumer accounts at other financial institutions, or to transfer funds between your eligible business Accounts with certain non-business accounts at other financial institutions.

(v) We suspect fraud or unauthorized use has or may occur with respect to your Account(s) with us or with respect to any External Transfer(s).

Notwithstanding the forgoing, we may modify this agreement, terminate your eligibility to make future transfers and/or close your account for any reason, in our sole discretion, after providing at least 10 days' notice.

External Transfers and Available Funds: You agree to have Available Funds on deposit in the Account you have designated in amounts sufficient to pay for all External Transfers requested, as well as any other payment obligations you have to us. If sufficient funds are not available on the scheduled date of transfer, we may elect not to initiate your transfer request. If External Transfers process against any uncollected deposit, uncollected balance or otherwise insufficient Available Funds in your Account, YOU REMAIN RESPONSIBLE FOR THE BALANCE OF SUCH TRANSFERS AND YOUR ACCOUNT WILL BE ASSESSED AND CHARGED THE APPROPRIATE OVERDRAFT, UNCOLLECTED OR RETURNED ITEM INSUFFICIENT CHARGES. See our current Fee Schedule for the current amounts of these charges.

Withdrawal Transaction Limitations: The restrictions on the number of withdrawals from your non-transactional accounts, including your savings and money market accounts, apply to transfers initiated and executed through this Service.

Authorized Persons: You accept responsibility, to the extent permitted by law, for any unauthorized external transfer requests made using your password or other authentication method.

Miscellaneous: This agreement shall be governed by and construed in accordance with the laws of Virginia without consideration of its choice of law provisions. In the event any one or more of the terms herein becomes or is ruled invalid, illegal or unenforceable, the remaining terms will remain valid and enforceable. You agree to indemnify and hold us harmless from and against any and all claims, demands, expenses (including, without limitation, attorney fees and costs), losses or damages claimed by any third parties arising out of (i) any transactions or attempted transactions covered by this agreement or (ii) your breach of this agreement. Notice of modification, or any other legally required notice, may be mailed to you at the last address shown for the account on our records, sent electronically to an email address you have provided, posted in UVA Community Credit Union branches, or provided as otherwise permitted by law. Notice shall be deemed to have occurred within 3 business days of posting or sending of such notice. This agreement supersedes any prior agreement. If there is a conflict between you, us, or the third party contracted by us to provide this service, the terms of this agreement shall prevail.

You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. All transfers must be in U.S. dollars. The credit union reserves the right to refuse any transaction that would draw on insufficient or unavailable funds, lower an account balance below a required balance, or otherwise require us to increase our reserve on the account.

If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer, we may refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from another account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize. If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account.

If this service is made available to you, you must agree to be bound by the terms of service for transferring funds by accepting the presented user agreement.

A Person to Person Transfer allows you to send money from your account with us to another person by using a recipient s email address. To send email transfers, you must register through Online Banking from your personal computer. Once registered, you may send an email transfer using Online Banking by entering the email address of the recipient. You may also send a Person to Person Transfer using Mobile Text to any recipient you have already added in our Online Banking. By participating in Person to Person Transfer, you are representing to us that you are the owner or you have the authority to act on behalf of the owner of the email address you are using to send or receive messages regarding Person to Person Transfers. In addition, you are consenting to the receipt of emails or automated text messages from us or our agents regarding Person to Person Transfers and represent to us that you have obtained the consent of the recipients of your intended Person to Person Transfers to the receipt of such emails or automated text messages.

Scheduling Transfers: Once registered, you may make one-time transfers at any time using our Online Banking or Mobile Text by entering or selecting the email address of the recipient. You acknowledge and agree that Person to Person Transfers will be completed using only the email address you enter, even if it identifies a person different from your intended recipient. The name you enter will help you identify your intended recipient in the dropdown menu and your transaction history, but will not be used to process payments. Please make sure you accurately enter the recipient s email address, because your obligation to pay for the Person to Person Transfer will not be excused by an error in the information you enter. Transfer instructions relating to external accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of this agreement and the rules of the National Automated Clearing House Association (NACHA) and the applicable automated clearing house ( Regional ACH collectively with NACHA, the rules ), and you and we agree to be bound by such rules as in effect from time to time. In accordance with such rules, any credit to an account shall be provisional until such credit has been finally settled by us or the third-party institution that holds the account.

We use as our agent D+H USA Corporation and other financial intermediaries (collectively, the service provider ) to accomplish funds transfers. This service allows you to initiate or authorize funds transfers between accounts or people you have designated using the Funds Transfer Service (an ACH transfer ). By clicking the Confirm button, you authorize us as the financial institution to (i) accomplish this transfer through the ACH and (ii) use the service provider as our agent for this purpose.

You understand that we and our service provider may originate more than one ACH entry (for example, a paired credit and debit entry) to accomplish the transfer you are requesting or authorizing. These ACH entries may be originated in any sequence (for example, a credit may be provided to you in advance of settlement on a paired debit entry against your account). You authorize us or our service provider to resubmit debit entries against your account as needed to fulfill the ACH transfer you have requested. If this is a recurring ACH transfer, this authorization will continue in full force and effect until such time as you cancel the recurring ACH transfer as provided below.

You may use Online Banking to initiate an electronic Stop Payment request for any check written on your accounts, including those issued via the Bill Pay service.

1. Fees

A fee will be deducted from your checking account for each Stop Payment request. Fees for Stop Payment orders are set forth in the Fee Schedule.

2. Expiration

You agree that any Stop Payment request shall be null and void after six (6) months from the date of the order, or such earlier time as communicated by us to you. We are not required to notify you when a Stop Payment order expires.

3. Required Information

To be binding, the Stop Payment order must accurately describe the check or draft, including the exact account number and the check or draft number. If you fail to provide us with complete information or if the information you provide is incorrect, you agree that we shall not be responsible for any failure to stop payment on such item. You understand that if the Stop Payment request comes too late for us to have a reasonable time to act on it prior to paying, settling for, posting, or becoming accountable for the check described in the request, then your Stop Payment request shall be of no effect.

4. Claims

You agree not to make a claim against us if the check is paid through inadvertence, accident, oversight, or if we are required to pay such check by a holder in due course or, if by reason of such payment, other items drawn on your account(s) are returned insufficient. If we recredit your account after paying a check or draft over a valid and timely Stop Payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action.

5. Limits

Limits for Stop Payment orders are set forth in the Fee Schedule.

You are responsible for all transfers you authorize using Online Banking. If you permit other persons to use your login credentials, you are responsible for any transactions they authorize or conduct on any of your accounts.

If you believe your login credentials have been stolen, that someone has transferred or may transfer money from your account without your permission, or that any other unauthorized electronic fund transfer has been made or may be made, you must contact us immediately by calling: 888-887-9136

Calling us is the best way to limit possible losses to your account. You could lose all of the money in your account (plus your maximum overdraft line of credit). For transactions conducted through Online Banking, if you notify us within two (2) business days, you are liable for no more than fifty dollars ($50.00) if someone accessed your account without your permission. If you do not notify us within two (2) business days after you learn of the unauthorized use of your account or login credentials, and this later notification prevented us from stopping someone from accessing your account without your permission, you could be liable for up to five hundred dollars ($500.00).

Also, if your statement shows transfers conducted through Online Banking that you did not make, contact us immediately. If you do not contact us within sixty (60) days after the statement was mailed to you or was available as an E-statement, you may be liable for the full amount of the loss if this later notification prevented us from stopping someone from making the unauthorized EFT transactions.

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, we may be liable for your losses or damages. However, we will not be liable in such instances as the following:

• If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable
• If you use the wrong login credentials or you have not properly followed any computer or credit union user instructions for making the transferor bill payment
• If your computer or Internet service provider or wireless service fails or malfunctions or the Online Banking system was not working properly and such problems should have been apparent when you attempted the transaction
• If circumstances beyond our control (such as fire, flood, telecommunications outages or strikes, or equipment or power failure) prevent us from making the transaction
• If the funds in your account are subject to an administrative hold, legal process, or other claim
• If our computer system does not receive the transfer instructions from your computer
• If you have not given us complete, correct, and current instructions so that we can process a transfer or bill payment
• If, through no fault of ours, a bill payment or funds transfer does not reach a particular account due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly or in a timely manner, and a fee, penalty, or interest is assessed against you
• If the error was caused by a system beyond our control, such as a telecommunications system, an Internet service provider, or any computer virus or problems related to software not provided by us
• If there are other exceptions as established by us

The account balance may not reflect recent or unposted transactions. Also, the availability of funds for transfer or withdrawal may be limited due to processing time for any ATM deposit transactions and our Funds Availability Policy. Transaction history information may be limited to recent account information involving your account.

You may use the Secure Message feature within Online Banking to send messages to us. In addition, there are request forms for consumer and business accounts that can be submitted securely that include but are not limited to the following:

• Visa® CheckMate Debit Card/PIN
• Add Password to Account
• Close Account

Online Banking is a free service. There are fees associated with the use of additional services requiring separate registration and authorization. See our Fee Schedule.

We will maintain the confidentiality and privacy of your account information in accordance with our Privacy Policy as stated on our website. However, in any of the following instances, we may disclose information to third parties about your account or the transfers you make:

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

Transfers, withdrawals, and bill payment transactions made through Online Banking will be recorded on your periodic statement delivered electronically (E-statement). You will receive an E-statement monthly unless there are no qualifying transactions or conditions in a particular month. In any case, you will receive a statement at least quarterly. You may request a paper copy of any E-statement at any time, subject to the applicable copy charges of the credit union. You may withdraw your consent to receive E-statements at any time and receive paper statements. You may request a paper copy of any E-statement at any time, subject to any applicable fees as stated in the Personal Fee Schedule.

Disclosures, statements, contracts, and agreements between you and the credit union may be entered into electronically and you do not have to receive a written copy from us as long as a copy of the disclosure statement including a period statement, contract, or other agreement may be stored or printed by you. You understand that any time we require a written document from you, you must provide it.

Consumer Accounts: In case of errors or questions about Online Banking transactions, contact us immediately by telephone or mail as indicated in this disclosure. You must contact us no later than sixty (60) days after we sent the first statement on which the problem appears. You must do the following:

• Tell us your name and account number
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
• Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the transfer involved a point of sale transaction or a foreign-initiated transfer) after we hear from you, and we will correct the error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a point of sale transaction or foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the 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 ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. If we credited your account, you must repay us if we conclude no error has occurred. You may ask for copies of the documents we used in our investigation.

• Tell us your name and account number
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
• Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the transfer involved a point of sale transaction or a foreign-initiated transfer) after we hear from you and we will correct the error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a point of sale transaction or foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the 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 ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. You may ask for copies of the documents we used in our investigation.

Subject to any notice required by law, we reserve the right to change any of the terms of this agreement and the EFT services described in this agreement. The credit union reserves the right to terminate your right to use Online Banking at any time, for any reason. Prior notice may not be given if an immediate change is necessary to protect the security of your account or the EFT system. Use of this service is subject to existing regulations and any future changes in those regulations.

You understand and agree that all terms and conditions associated with each of your online accounts still apply. You agree to be bound by and comply with all terms and conditions of any separate user instructions that you may be provided in conjunction with Online Banking, Mobile Banking, or Text Message Banking and any and all applicable state and federal laws and regulations.

This agreement shall be construed and interpreted in accordance with the laws of the state of Virginia, except to the extent that federal law applies. It is also governed by the bylaws of the credit union and by local clearing house rules as amended from time to time.

You may terminate this agreement or any EFT service under this agreement at any time by notifying us in writing and ceasing to use your login credentials. You agree to cancel any outstanding bill payment requests prior to notifying us to terminate Bill Pay.

If you do not access your account through Online Banking or Mobile Banking for 180 days, we may terminate your service without notice. We reserve the right to suspend or terminate access to any of the Online Banking services at any time and without prior notice including without limitation if we in our sole judgment believe you have engaged in conduct or activities that violate any of the terms of this agreement or our rights; if you conduct or attempt to conduct any fraudulent, illegal, or unlawful transaction; if we have reason to believe that there has been an unauthorized use of your accounts; or if you provide us with false or misleading registration information or interfere with other users or the administration of the Online Banking services. Termination of this agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.

We reserve the right to suspend or terminate access to any of the Online Banking services at any time and without prior notice including without limitation if we in our sole judgment believe you have engaged in conduct or activities that violate any of the terms of this agreement or our rights; if you conduct or attempt to conduct any fraudulent, illegal, or unlawful transaction; if we have reason to believe that there has been an unauthorized use of your accounts; or if you provide us with false or misleading registration information or interfere with other users or the administration of the Online Banking services. Termination of this agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.

If you or we have an irresolvable dispute or claim concerning this agreement, it will be decided by binding arbitration under the expedited procedures of the American Arbitration Association (AAA) and Title 9 of the U.S. Code. Arbitration hearings will be held in Charlottesville, Virginia, or where mutually agreed. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience in or knowledge of financial institutions.

Through the Bill Pay service, you can pay bills from the account designated at the time of setup to the following entities:

• Business Payees any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify; and
• Individual Payees payments made to individuals, family, or friends for non-business purposes.

Individual Payees payments made to individuals, family, or friends for non-business purposes

You must agree to be bound by the terms of the Bill Pay Agreement by accepting the presented user agreement. If you do not accept the agreement, you will not be permitted to proceed into Bill Pay. For the purposes of this agreement, the following definitions apply:

• “Credit union”,“we”,or“us”is the UVA Community Credit Union.
• Payee is the company, organization, or individual to which the payment is being sent.
• Payment instructions is the information provided by you for a payment, such as payee name, account number, payment amount, and payment processing date.
• Processing date is the date the payment is processed (Monday through Friday, excluding federal holidays).
• Cutoff time means 8:00 p.m. Eastern Standard Time (EST) on any business day, and is the time by which you must transmit instructions to have them considered entered on that particular business day.

a. Eligibility for Bill Pay

You must have a checking account in good standing at the credit union and be registered for Online Banking to use Bill Pay.

b. Authorized Payments

When you transmit payment instructions to us through Bill Pay, you authorize us to transfer funds from your checking account to complete the Bill Pay transaction. You are responsible for all bill payments authorized through use of your login credentials. If you permit other persons to use Bill Pay by providing your login credentials in violation of this agreement, you are responsible for all transactions they authorize.

c. Pay Transactions

Payments and transfers from your credit union account may be proc1essed in four different ways:

Today: A manual payment with the current business date selected as the payment processing date. Today payments may be scheduled or changed prior to the day s cutoff time. You must have sufficient funds available in your account at the time you request the transaction.

Future: A manual payment with a payment processing date in the future. You may designate a date on a business day up to 365 days in advance. Future payments may be changed or canceled prior to that day s cutoff time. You must have sufficient available funds in your account by midnight on the night before the processing date.

Recurring: An automatic payment that repeats at regular intervals to the same payee for the same payment amount. You select a start date and you have the option to select an end date or have the payments repeat indefinitely. If the payment date you select falls on a non-business day, the payment will be scheduled on the next business day. Recurring payments can be changed or canceled prior to that day s cutoff time. You must have sufficient available funds in your account by midnight on the night before the processing date.
Automatic: A payment method that is available when you set up E-bills for specific payees. With automatic payments, you select whether to pay the entire bill or a portion of the bill and when to schedule the payment (when the bill is received or a specified number of days before the due date). If a payment date falls on a non-business day, the payment will be scheduled on the next business day. Automatic payments can be changed or canceled prior to that day s cutoff time. You must have sufficient available funds in your account by midnight on the night before the processing date.

d. E-bills

Bill Pay offers the ability to receive E-bills from payees that offer this service. The credit union is not responsible for E-bills that do not arrive or late payments as a result of late/missing bills.

e. Payment Processing

Payment must be made in U.S. dollars and each payee must appear on the payee list you create in Bill Pay. The credit union is not liable for any transaction that contains incorrect information. You may not use Bill Pay to make the following payment types:

• Tax payments
• Court-ordered payments
• Payments to payees outside the United States or its possessions/territories
• Payments to payees in excess of $9,999.99
• Payments to cash
• Other categories of payees that we may establish from time to time

You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time, you will assume full responsibility for all late fees, finance charges, or other actions taken by the payee.

IMPORTANT: Payments are sent either electronically or by check and payments may take up to ten (10) days to reach the payee. The credit union is not liable for any service or late charges levied against you.

If there are insufficient available funds in your account to complete the Bill Pay transaction, as of the date the payment is debited to your account, we will automatically block future Bill Pay services including pending payments until the account has sufficient funds to make the payment. We will attempt to notify you by email or U.S. Postal Service mail, but we shall have no obligation or liability if we do not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for monitoring your account and either making alternate arrangements for the payment(s) or rescheduling the payment(s) through Bill Pay when the service is made available. Generally, the Bill Pay service is reinstated five (5) business days after payment is received from a previously returned payment.

You may edit or delete a payment in Bill Pay any time before the payment is processed. For Stop Payment requests initiated after processing, you must contact Bill Pay Customer Support at 866-547-8633. Stop Payments are only applicable to payments made by check that have not cleared. Payments remitted electronically cannot be stopped.

We are responsible only for exercising ordinary care in making payments on your authorization and for mailing or sending a payment to the designated merchant. We are not liable for any damages you incur if you do not have sufficient available funds in your account to make the payment on the processing date; if the estimated time to allow for delivery to the payee is inaccurate or due to delays in mail delivery, changes of merchant address or account number; failure of any merchant to account correctly for the payment in a timely manner; or for any other circumstance beyond our control.

You are responsible for any loss or penalty that you may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account. You authorize us, and any third party acting on our behalf, to choose the most effective method to process your payments. You will receive a transaction confirmation number for each properly instructed payment.

f. Fees

For personal/consumer account holders, reference the Accounts and Fee Schedule. For business/commercial account holders, reference the Business Fee Schedule.

g. Termination of Services

In the event you wish to discontinue the Bill Pay service, you can notify us with a secure message/form or call us at 888-887-9136. You must delete all pending payments before requesting that your Bill Pay service be canceled.

The Credit Union may suspend or terminate use of Bill Pay to any individual at any time without advance notice. Reasons for suspension or termination may include, but are not limited to, insufficient available funds in your account to pay an authorized transaction and failure to schedule a payment for 180 days.

You understand that all payee information and Bill Pay history will be deleted when your service is terminated. Neither termination nor discontinuation shall affect your liability or obligation under this agreement.

h. Other Agreements

Using Bill Pay will also be affected by the agreements between you and us for your UVA Community Credit Union accounts, including the Membership and Account Agreement, Funds Availability Policy, Truth In Savings Disclosure, Privacy Policy, and EFT Agreements for your accounts. Using Bill Pay does not change the agreements you already have with us on those accounts. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of an account with the service. The terms and conditions of any other such agreements govern the terms and conditions of this agreement, except that in the event of a conflict, the terms and conditions of the Online Banking Services Agreement shall govern.

If this service is made available to you, you must agree to be bound by the terms of service for Bill Pay Expedited Payments by accepting the presented user agreement. This service is made available only through Bill Pay.

This service allows you to submit payments to participating merchants that will be posted to your account with that merchant on the same day, within the parameters of the service and other parameters established by the participating merchants for a convenience fee.

• For an Expedited Payment to post on the same day, you must submit accurate and complete information for the payment, the payment must be submitted on a day during which the U.S. Federal Reserve System is open for operations, and you must submit the payment prior to the merchant s designated daily cutoff time.The cut off time will be displayed to you before the payment is finalized.
• Electronic payments are processed several times a day based on the time of day and the cutoff time that the managed payee is available to accept payments that day. The cutoff time is not presented to the customer. However, if you miss the cutoff time, the payee will not show up as an option to you in the payee dropdown list.
• Expedited Payments submitted without complete or accurate information may be rejected or may not post on time.
• Expedited Payments submitted by you on a non-Federal Reserve business day or submitted by you after the applicable merchant s daily cutoff time will be posted the following Federal Reserve business day. You will be charged a fee for each Expedited Payment you submit, regardless of whether the payment was properly submitted. The cutoff time will be displayed to you before the payment is finalized.

This is NOT a pay anyone service where you can make payments to any payee. With this service, you can only make Expedited Payments to those merchants that participate in the program, and the payments you make under this service are subject to the rules of each merchant as to how they define an Expedited Payment.

a. Hours of Access

You can use the Expedited Payment service seven (7) days a week, twenty-four (24) hours a day, although some or all services may not be available occasionally due to emergency; scheduled system maintenance, updates, or repairs; or for other reasons beyond our control.

b. Expedited Payment Service Limits
You will not be able to schedule an Expedited Payment for an amount greater than the balance displayed within the bill payment service for the funding account at the time you attempt to schedule the payment.

Additionally, for risk management and security purposes, the Expedited Payment service limits the number of payments and the total amount of payments that you may make per day. You will be given an error message and prevented from fully executing any transaction that exceeds these limits. From time to time, we may modify the limits to the frequency or number of transfers you can make using the Expedited Payment service. We do not disclose these limits for security purposes. In any event, funds transfers in excess of the then applicable limits will not be completed.

c. Fees and Other Deductions

The Expedited Payment service is a transaction-based service. For each Expedited Payment, a fee will be added to the amount of the transaction. There are no monthly or recurring fees associated with the service. You may also request to send an overnight check for a fee to complete payments. Check payments are expressed overnight and will be posted to the merchant s account on the next business day. Fees for this service are disclosed at the time payment(s) are scheduled. Also, refer to your most recent Personal Fee Schedule.

d. Periodic Statements

You will not receive a separate statement for transactions conducted through the Expedited Payment service. These transactions will be noted on your regular periodic statement.

e. Electronic Communication

The Expedited Payment service is an electronic Internet Online Banking based service. Therefore, you understand that this agreement will be entered into electronically.

The consent to receive electronic disclosures applies to all future required disclosures and any amendments, modifications, or supplements in connection with the Expedited Payment service. You can update your electronic contact information by selecting Address Change within the service or calling the Member Service Center at 434- 964-2001. After agreeing to the Terms and Conditions, you may request a paper copy of this disclosure by calling the Member Center Service.

You understand that to access and retain this disclosure and to use the Expedited Payment service, you must have the following: a Personal Computer (PC) with a supported Internet browser that has cookies enabled and that supports 128-bit encryption, an Internet

You understand that we will deliver to you electronically your records of funds transfers and other transactions through the Expedited Payment service, including without limitation confirmations of individual transactions, and any other communication related to the Expedited Payment service.

You understand that we will deliver to you electronically any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Expedited Payment service.

f. UVA Community Credit Union’s Liability

If we do not complete a properly submitted Expedited Payment on time or in the correct amount according to our agreement with you, we will be liable for any late fees and/or finance charges assessed against you for the late posting of such payment, excluding any fees or charges assessed on your total outstanding balance with that merchant (Penalties).

• Although there are some exceptions, we will not be liable for consequential damages that might arise from the payment not arriving in time. We will not be liable in the following instances:
• If you did not provide us with accurate information to successfully complete the payment.
• If you do not have enough money in your account to complete the transfer.
• If you are unable to schedule a payment because you have exceeded the daily risk management limits.
• If you are unable to schedule a payment because the merchant does not participate in this service.
• If you are unable to schedule a payment because the system is unavailable; or
• If you schedule the payment for an incorrect amount.

Expedited Payments are available for a limited number of payees. Availability of Expedited Payment options will be limited based on biller capabilities, time of day, payment delivery mechanisms, and other factors. Expedited overnight checks will be unavailable for delivery to post office box addresses or locations in Alaska, Hawaii, or any foreign or U.S. territory outside of the contiguous forty-eight (48) states and District of Columbia. You are responsible for entering and verifying any address for overnight check payments to ensure it is correct and is specified as a valid overnight package address by the biller. Due to the inherent need to expedite the payment, payment instructions will be completed immediately on submission of a request from you. You will not have the ability to edit or cancel the payment instruction after you have confirmed the payment request.

E. Mobile Services

After your enrollment in Online Banking, you may use our mobile services to access financial services and products and the functions now or in the future, made available by us using a mobile device. Not all accounts or features of the mobile service are available for consumer members. To use the mobile service, you must have a mobile device, which may be a mobile phone, tablet, or other equipment with the mobile carrier; operating system; data plan; and software/hardware supported by us now or in the future. By using mobile services, you agree to provide a valid phone number, email address, or other mailing address so that we may send you certain information about your applicable account or otherwise related to the mobile service. You agree to receive information related to mobile services through your communication service provider to deliver them to you and that your communication service provider is acting as your agent in this capacity. You represent and agree to the following using the mobile service:

a. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information, which may be accessed via the mobile service. You represent and agree that all information you provide to us in connection with the mobile service is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using the mobile service. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

b. User Security. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using the mobile service. You agree not to leave your mobile device unattended while logged into the mobile service and to log off immediately at the completion of each access by you. You agree not to provide your Login ID, password, or other access information to any unauthorized person. If you permit other individuals to use your mobile device, login information, or other means to access the mobile service, you are responsible for any transactions they authorize. We will not be liable for any damages resulting from your failure to take the above precautions. You agree not to use any personally identifiable information when creating shortcuts to your account. We make no representation that any content or use of the mobile service is available for use in locations outside of the United States. Accessing the mobile service from locations outside of the United States is at your own risk.

c. User Conduct. You agree not to use the mobile service or the content or information delivered through the mobile service in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy, including any rights in any software associated with the mobile service; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the mobile service to impersonate another person or entity; (iii) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (iv) be false, misleading, or inaccurate; (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (vii) potentially be perceived as illegal, offensive, or objectionable; (viii) interfere with or disrupt computer networks connected to the mobile service; (ix)interfere with or disrupt the use of the mobile service by any other user; or (x) use the mobile service in such a manner as to gain unauthorized entry or access to the computer systems of others.

d. Summary of Terms. By entering your phone number, you acknowledge that you agree to the terms of service and are subscribed until you request for the services to stop.

F. Text Banking Services

The Credit Union offers you mobile access to your account information (e.g., for checking balances and recent transactions) via SMS, as well as the option to set up alerts for your accounts and other functionality. Enrollment requires you to identify your banking relationship as well as provide a mobile phone number The mobile phone number verification is done by receiving an SMS message with a verification code that you will have to enter on the website. Additionally, you may select the type of alerts and other preferences that will determine, together with your account data, the frequency of alerts delivered to you. This program will be ongoing. Standard messaging charges apply. You will be allowed to opt out of this program at any time.

• You can contact us at any time via email at [email protected], or call the Member Service Center at 888-887-9136 or by mobile phone by texting the word HELP to us at 226563.
• To stop the messages coming to your phone, you can opt out of the program via SMS. Just text STOP to 226563. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
• If you deactivate cellular service for the mobile phone number that you enrolled in the Text Message Banking service, you are responsible for deactivating that same phone number as described above by texting STOP to 226563.
• Notify us immediately of any changes to your registered device. In case of unauthorized access to your device or service, you agree to deactivate the device immediately through Online Banking.

G. Mobile Deposit Service

If this service is made available to you, you must agree to be bound by the terms of service for the Mobile Deposit service by accepting this presented agreement. Mobile Deposit is available as an additional service to members in good standing who use the Online Banking Mobile Application. Use of Mobile Deposit will constitute acceptance of these terms and conditions presented specifically for this service.
The Credit Union reserves the right to restrict the use of the service based on various qualifying factors, including but not limited to, a member s creditworthiness. The Credit Union also reserves the right to suspend or discontinue your use of the service at any time without prior notice to you. Your use of this service constitutes your acceptance of the terms of this agreement.

Services

The Mobile Deposit service is designed to allow you to make deposits to your checking or savings accounts from home or other locations by scanning checks and delivering images and associated deposit information to the Credit Union or our designated processor.

Fees

There is currently no charge for your use of this service. However, the Credit Union may, upon providing the proper notice to you as required by law, charge a fee for the use of this service. Any fees would be disclosed in our Personal Fee Schedule for consumer accounts. Your use of the service after a fee becomes effective constitutes your agreement to pay such fee which we reserve the right to change from time to time. You authorize the Credit Union to deduct any such fees from your account.

Deposit Limits

During each online deposit session, you agree to adhere to the deposit limits as outlined in the Personal Fee Schedule if the service is being used in conjunction with a consumer deposit account. An online deposit session occurs when you select the Mobile Deposit menu option in our Online Mobile Banking Application and post the total amount of the deposit to your account. Each login that results in a posted online deposit is considered an online deposit session. We reserve the right to modify the limits on the amount(s) and/or the number of deposits you transmit using this service.

In consideration of your use of this service, you agree to the following:

• You will only make check deposits from reputable and trustworthy sources and in accordance with the terms and conditions of this Agreement.
• You will not transmit duplicate checks.
• You will not re-deposit or re-present the original check.
• By utilizing this service, you agree to restrictively endorse the back of any check transmitted through this Service with this REQUIRED wording: “For Mobile Deposit Only to UVACCU account #______”. Followed by your signature.
• You will fully cooperate with us in any investigation involving deposited checks.
• You agree to scan and deposit only “Checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to us shall be deemed a check within the meaning of Article 4 of the Uniform Commercial Code as adopted in the Commonwealth of Virginia.
• Ineligible Checks
• You agree that you will not scan and deposit any of the following types of checks or other items that for purposes of this agreement shall be considered ineligible items:
• Checks payable to any person or entity other than you;
• Checks drawn on an account that you control at the Credit Union;
• Checks payable jointly, unless deposited into an account in the name of all payees;
• Travelers checks (R/T number range 80000000-89999999);
• Government checks (R/T number 00000050);
• Checks stamped with a non-negotiable watermark;
• Checks containing obvious alteration to any fields on the front of the check or item, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
• Checks previously converted to a substitute check, as defined in Reg CC;
• Checks drawn on a financial institution outside the United States;
• Checks that are incomplete. An incomplete item is any item that does not contain the signature of the maker or endorsement signatures or is missing any of the information required during key-entry in an online deposit session;
• Checks that are remotely created checks, as defined by Reg CC;
• Checks not payable in United States currency;
• Checks with any endorsement on the back other than that specified in this agreement;
• Checks that have previously been submitted through this service or through a mobile deposit service offered at any other financial institution;
• Checks dated more than six (6) months prior to the date of deposit; and
• Checks prohibited by our current procedures relating to the service or that are otherwise not acceptable under the terms of your Credit Union account.

The Credit Union is under no obligation to accept the deposit of an any ineligible check made through the service. Your deposit of an ineligible check may result in the Credit Union’s immediate suspension your authority to continue to use this service and may subject you to liability under this Agreement and/or applicable law.

Image Quality

You are responsible for the quality of any image of a check transmitted through the Service. If an image that we receive is not legible or does not otherwise satisfy our image quality standards, we may reject such image in our sole discretion without prior notice to you. Without limiting the foregoing, the image quality of a check must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Each image of each check or item shall be of such quality that all of the following information can clearly be read and understood by sight review of such image:

• the amount of the check;
• the payee of the check;
• the signature of the drawer of the check;
• the date of the check;
• the check number;
• the information identifying the drawer and the paying bank that is preprinted on the check, including the magnetic ink character recognition (MICR) line located at the bottom of the check; and
• all other information placed on the check prior to the time the image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check.
• You shall also capture and transmit to us the full-field MICR encoding on each check. In accordance with the procedures, you shall ensure that all of the following information is captured from the MICR line of each check:
• the ABA routing transit number (RTN);
• the number of the account on which the check is drawn;
• when encoded, the amount of the check; and
• when encoded, the serial number and the process control field of the check.

Endorsements and Procedures

You agree to follow any and all procedures and instructions for use of the service as we may establish from time to time.

Disposal of Transmitted Items

On receipt of confirmation from us that we have received an image of an item, you agree to mark the item prominently as Electronically Presented or VOID, or to otherwise render the item incapable of further transmission, deposit, or presentment. If requested by us, you will promptly provide any retained item or a sufficient copy of the front and back of the item to us to aid in the clearing and collection process, to resolve claims by third parties with respect to the item, or for our audit purposes.

You agree to retain the original item for at least thirty (30) days from receipt of confirmation from us that we have received an image of an item. After thirty (30) days, you agree to destroy the item that you transmitted to ensure that it is not re-presented.

Availability of Funds

You agree that items transmitted using this service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Mobile Deposit service is received and accepted before 4:00 p.m. ET on a business day that we are open, we consider that day to be the date of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the service will generally be made available in three (3) business days beginning with the date of the deposit. For example, an item received before 4:00 p.m. ET on Monday would generally be made available on Wednesday. We reserve the right to review any item you submit through the Mobile Deposit service and reject the item if, in our sole discretion, we determine the item to be ineligible for the service. Such a review may result in a delay in the availability of funds as outlined above.

Any crediting of your account for items deposited via the Mobile Deposit service is provisional, subject to verification and final settlement. Any dishonored items will be returned as an image of the original or as a substitute check. Any item that is returned or dishonored may be charged to your deposit account or any other account in your name. Any dishonored item is subject to a fee according to the Credit Union’s Personal Fee Schedule at the time of the return. You also agree that the Credit Union, at its discretion, may place an additional hold on any item for a reasonable period until the settlement of the item is deemed to be complete.

Warranties and Representations

You represent, warrant, and covenant the following to us:

a. Checks Deposited
You shall only deposit checks that are authorized by this agreement, the procedures, and the Membership and Account Agreement.

b. Image Quality
Each image transmitted by you to us contains an accurate representation of the front and the back of each item and complies with the requirements of this agreement.

c. Accuracy of Information
All data and other information submitted by you to us, including but not limited to data contained in the MICR line of each check, are complete and accurate and comply with the requirements of this agreement.

d. No Duplicates
You will not (i) create duplicate images of the checks, (ii) transmit a duplicate image or file to us or (iii) deposit. or otherwise negotiate the original of any check of which an image was created. You further warrant that no subsequent transferee including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser will be asked to pay the original item from which the image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the item(s).

e. No Loss
No subsequent transferees of the item(s) including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser shall sustain a loss as the result of the fact that the image was presented for payment or returned instead of the original check.

f. Information
All information provided by you to us is true, complete, and accurate and properly reflects your financial condition.

g. Authority and Legality
(i) You are authorized to enter into and perform your obligations under this agreement; (ii) the person signing this agreement on behalf of you is duly authorized to execute this agreement; (iii) this agreement is valid and enforceable against the customer in accordance with its terms; and (iv) the entry into and performance of this agreement by you will not violate any law, or conflict with any other agreement, to which you are subject.

h. Transactions
All your checks are and will be bona fide. All signatures on checks are authentic and authorized.

i. Rule Compliance
You submit checks in compliance with this agreement, the procedures, applicable law, and the rules.

j. Computer Virus
No images contain any computer viruses or other harmful, intrusive, or invasive codes.

a. Chargeback of Returned Checks
If images of checks deposited by you are dishonored or otherwise returned unpaid by the drawee bank or are returned by a clearing agent for any reason, including but not limited to issues relating to the quality of the image, you understand and agree that, since you either maintain the original item or have destroyed it in accordance with the Disposal of Transmitted Items section of this agreement, the original check will not be returned, and we may charge back an image of the check to your account. You understand and agree that the image may be in the form of an electronic or paper reproduction of the original check or a substitute check. Unless otherwise instructed by us, you agree not to deposit the original check if an image or other debit as previously described is charged back to you.

b. Special Instructions
You may request that we re-present returned images of checks to the drawee or process returned images of checks according to instructions provided by you to us (special instructions). These special instructions may be given to us in a separate document in conjunction with or subsequent to the execution of this agreement. We shall not be bound by such special instructions until such time as we have agreed in writing to accept them. Notwithstanding the fact that we have agreed to accept the special instructions, we may, in our sole discretion, disregard the special instructions and charge the returned check back to your account to which the checks were deposited. In the event that you have requested that returned images of checks be re-presented, in no event will we re-present an image of a check or an ACH entry in excess of the limit established or permitted for the number of times that a check or ACH entry may be re-presented by the rules. You may change or amend the special instructions by providing us with a written request to change or amend the special instructions. Changes or amendments to the special instructions shall not become effective until acknowledged and accepted in writing by us. You hereby agree to pay us the fees for processing returned checks and special instructions contained in our then current schedule of fees for such services.

Processing Fees

You agree to reimburse us immediately for any negative balance in your account caused by your use of the Mobile Deposit service. In the event legal action is required, you agree to pay us for our reasonable attorney s fees and court costs. If your use of the Mobile Deposit service causes a negative balance in your account, you also agree to pay our overdraft fee.

We will not be liable for negative balances on accounts caused by the non-payment of checks due to insufficient funds, delays in the mail service or for any action by you or any authorized users of the account that results in the reversal of a deposit on the account.

We reserve the right to discontinue the Mobile Deposit service or to suspend account access at any time due to a change in conditions or the failure of any member to abide by the Online Banking Services Agreement and Consent to Electronic Documents or any other applicable Credit Union agreements and disclosures.

Liability for Unauthorized Use

CONTACT US IMMEDIATELY if you believe that unauthorized activity has been conducted through the Mobile Deposit service. Contact our Member Service Center at 888-887-9136 is the best way of keeping damages to a minimum.

Also, if your statement shows an error or 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 you lost after the sixty (60) days if we can prove that we could have stopped someone from conducting an unauthorized transaction if you had told us in time.

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

Limit of Liability
a. Any provision in this agreement, and other agreement, or the rules to the contrary notwithstanding, we shall only be liable for damages solely and proximately caused by our gross negligence or willful misconduct, and our liability shall in no event exceed the lesser of (i) your actual damages or (ii) the total fees paid by you to us for the remote deposit service for the period of six (6) months immediately preceding the date of the alleged gross negligence or willful misconduct. In no event shall we or any provider be responsible or liable for any indirect, special, consequential, exemplary, punitive, or incidental damages, losses, or injuries (including without limitation lost profits, loss of use, loss of data, or cost of cover) arising out of or related to the use by you of the Mobile Deposit service or any service or our failure or that of any provider to properly process and complete transactions thereunder, even if we or such provider(s) have been specifically advised of the possibility of such damages, losses, or injuries.

b. You acknowledge and agree that your use of the Mobile Deposit service shall be at your sole risk, and that the Mobile Deposit service is provided by us on an “as is” basis.

c. Except as expressly set forth in this agreement, we make absolutely no representations or warranties whatsoever, express or implied, in law or in fact, to you or to any other person, as to the Mobile Deposit service or any aspect thereof, including (without limitation) any warranty of merchantability, fitness for a particular purpose, quality, accuracy, or suitability, and we hereby disclaim any and all of the same. You agree that no oral or written advice or representation obtained from any Credit Union employee or representative shall create a warranty or representation for the purposes of this agreement or the Mobile Deposit service to be performed pursuant hereto.

d. To the fullest extent allowed by law, and subject to the foregoing provisions of this section dealing with our liability for damages solely and proximately caused by our gross negligence or willful misconduct, our liability to you under this agreement shall be limited to correcting errors resulting from our failure to exercise ordinary care.

e. We make absolutely no representations or warranties whatsoever, express or implied, in law or in fact, to you or to any other person as to any computer hardware, software, or equipment in connection with the Mobile Deposit service, including but not limited to your computer systems or related equipment, your software, or your Internet service provider or its equipment, or as to the suitability or compatibility of our software, Internet-delivered service, equipment, or communication interfaces with those that you use, or as to whether any software or Internet-delivered service will perform in an uninterrupted manner, including but not limited to any warranty of merchantability or fitness for a particular purpose.

f. We shall not be responsible or liable for any errors or failures resulting from defects in or malfunctions of your computer hardware or software, for the quality of performance or lack of performance of any computer software or hardware or Internet-delivered services supplied by us to you in connection with this agreement, or for the transmission or failure of transmission of any information from you to us, from us to you, from you to any processor, from any processor to us, or otherwise. We shall not be responsible for notifying you of any upgrades or enhancements to any of your computer hardware or software. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from or related to any computer virus or related problems that may be associated with using electronic mail or the Internet.

Documentation

Any transactions you execute that are accepted through the Mobile Deposit service will appear on the periodic statements the Credit Union provides for your deposit account at the frequency set forth in the agreement governing that account.

Consent to Electronic Documents

By providing your consent (clicking I AGREE), you understand and agree to online delivery of all periodic account statements (E-statements) and related notices (E-notices) for this account through our Online Banking services and that they will be provided under the following terms:

a. E-statements
Your E-statements will include the periodic account and transaction activity for your deposit and loan accounts and year-end tax statements for dividends earned and mortgage interest paid.

b. E-notices
Your E-notices will include your Annual Privacy Notice and other notices to be added in the future as determined by the Credit Union. These notices may include, but are not limited to, the following:

• Non-Sufficient Funds Notice (NSF)
• Overdraft Transfer Notice
• Share Certificate Maturity Notice
• Loan Late Payment Notice
• Notices of Change in Terms for Deposits, EFT, or Loan Services
• Other Operational Notices

c. Access
You may access your electronic documents as PDF documents within the secure Statement area of Online Banking. You will receive an email notice when there are documents available for your review within Online Banking. You will be able to access your electronic documents within Online Banking for a period of at least twelve (12) months. You also have the option to download or print the documents for future reference.

d. Withdrawal of Consent and Request of Paper Document Delivery
If you consent to receive electronic documents, you have the right under the E-SIGN Act to request and receive copies of your periodic statements and notices in paper form. You may withdraw your consent to receive electronic documents and switch to paper delivery at any time. To do this, first access the Statement area of Online Banking, then select Settings, and then Opt Out of E-statement Notifications,.you may request paper copies at any time, subject to any applicable fees as stated in the Personal Fee Schedule. You may also request the change by contacting the Member Service Center at 434- 964-2001or by contacting us in person at any branch.

e. Updating Your Information
Notice of statement or notice availability will be emailed using the contact information on file with us. It is your responsibility to provide us with updated information should any change occur. You can update your electronic contact information by calling the number provided below. If we determine that any email notification to you regarding any disclosure is undeliverable, we may, at our discretion, choose to mail that disclosure to you using United States mail.

f. Equipment and Software Requirements
To receive E-documents you will need a computer, Internet access, and a Web browser, such as Google Chrome, Apple Safari, Mozilla Firefox, or Microsoft s Internet Explorer. By selecting to receive electronic documents, you represent that you have such equipment and software and that you can download,access, read, review, print, and store the E-documents we provide to you. If you experience difficulty accessing documents, please view the Frequently Asked Questions at uvacreditunion.org or contact us at the number below.

Contact Information and Business Days

You may contact the Member Service Center at 888-887-9136 or email us at [email protected]. For purposes of this disclosure, our business days are Monday through Friday except for Federal Reserve holidays.

Or writing:

UVA Community Credit Union
PO Box 7267,
Charlottesville, VA 22906-9700
Attn: Member Service Center

Online Banking Services Agreement and Consent to Electronic Documents:

I have read and agree to receive electronic documents and accept the terms and conditions of the Online Banking Services Agreement.