Online Banking Services Agreement and Consent to Electronic Documents

Your use of UVA Community Credit Union s Online Banking services for personal/consumer or business members is governed by this Online Banking Services Agreement. By providing your consent (clicking I ACCEPT), you understand and agree to the terms and conditions of this Online Banking Services Agreement and to receive all future periodic statements (E-statements) and related notices (E-notices) for this account through our Online Banking service. You agree that you will not receive such statements/notices and disclosures via the U.S. Postal Service.

Once enrolled for electronic document delivery, you will be able to access your statements and disclosures in a PDF file format. You will need Adobe Acrobat Reader software to open and read the documents. This software can be downloaded at no charge from the registration screen. We will send you an email notice when your E- statement/E-notice is available for review within the secure E-statement area of Online Banking. You will be able to access your statements and other documents online for a period of twelve (12) months. You also have the option to download or print documents for your future reference.

After providing consent, you have the right under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) to withdraw consent and request paper delivery of periodic statements and related notices. Please see section 3.d of this agreement for information on electronic delivery and procedures to withdraw consent and receive paper document delivery.

1. Definitions

For the purposes of this agreement, the following definitions apply:

a) You or your refers to each member or authorized agent that accesses Online Banking.

b) “Credit union”,“we”, or“us”refers to UVA Community Credit Union.

c) EFT refers to electronic funds transfers, which are electronically initiated transactions through Online Banking or Mobile Banking involving your share accounts and Bill Pay transfers made through Bill Pay services.

d) Access codes include the member/user identification number (Login ID), password, and any other means of access to our Online Banking service.

e) Consumer or personal refers to a member account established primarily for personal, family, or household use.

f) Business refers to a member account that is not a consumer/personal account

g) Online Banking or service(s) refers to UVA Community Credit Union s Online Banking services.

h) Agreement refers to this Online Banking Services Agreement.

i) Business days are Monday through Friday except for Federal Reserve holidays.

2. Online Banking Services Agreement

a. Eligibility for Online Banking

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.

For business members, access to your accounts through Online Banking will be based on the identification of authorized users and authority levels specified by you through Online Banking.

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

Consumer Accounts: 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.

Business Accounts: Please see a Member Service representative for detailed instructions for establishing your online account access.

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 Central Finance
  • Receive and pay bills with Bill Pay (seperate registration through Central Finance)
  • Download account history to financial management software
  • Set up account alerts

For our business members, the following features or modules related to Online Banking may be offered by us from time to time, in our sole and exclusive discretion, including but not limited to the following:

  • Tax Payments. Tax payments are subject to separate, additional terms and conditions. If you are a non- consumer customer, this feature of the service allows you to make certain federal and/or state tax payments to certain taxing authorities as made available via the service from time to time.
  • Automated Clearing House (ACH) Originations. ACH originations are subject to separate, additional terms and conditions described in this agreement. If you are a non-consumer customer, this service allows you to initiate and approve (with preauthorization), via Online Banking and/or your mobile device, ACH transactions that you instruct us to enter into the ACH network on your behalf.
  • Wire Transfers. Wire transfers are subject to separate, additional terms and conditions described in this agreement. If you are a non-consumer customer, this service allows you to transfer funds electronically, typically from your account(s) to account(s) at other banks, via Online Banking and/or your mobile device.
  • Positive Pay. If you are a non-consumer customer, this service provides a means to approve the payment of certain checks on an issue file that you prepare and to affirmatively approve the payment of a particular check not on that issue file or object to its payment. This feature is subject to separate, additional terms and conditions.

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

External Transfers

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.

Limitations

Transfers from your savings or money market accounts are limited to a total of six (6) preauthorized, automatic, Online Banking, audio response, or telephone transfers or withdrawals in one calendar month. Preauthorized transfers include any arrangements you have with the credit union to pay a third party from your savings account, including through an ACH. Transfer requests that exceed the transfer limitation may be denied and/or subject to a fee. Transfers initiated in person, by mail, or through an automated teller machine ATM, and transfers to a loan account you have at the credit union do not count toward the six (6) total permitted transfers. We may also limit access from countries other than the United States of America.

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.

Transfers Involving Insufficient Funds

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.

Person to Person Transfers

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.

The sections below also apply to anyone using the service, whether to send or to receive funds:

  1. You represent that you are at least eighteen (18) years old, a resident of the United States, and have a valid email address. You represent that you are the owner of the applicable debit and/or credit accounts and have the right to access, use, and authorize us and our agents to initiate ACH entries to debit or credit such accounts in the amount you have specified.
  2. You agree to comply with the NACHA rules when, as the originator (as defined under NACHA rules), you initiate ACH transfers to or from your accounts or accounts of another person. You authorize the service provider to be an originator and to use an originating depository financial institution (ODFI, as defined under NACHA rules) chosen by it where appropriate to process your request to us.
  3. If you are requesting that funds be transferred from an account held by another person to an account you have with us, you authorize us and our service provider to send an email or SMS text message on your behalf requesting him or her to authorize the funds transfer to you.
  4. You accept our appointment of the service provider as our agent to process your funds transfers electronically on our behalf as you have instructed, subject to the terms and conditions stated herein. You understand and agree that the service provider is not acting as a fiduciary, trustee, or money transmitter, or providing escrow service, with respect to your funds, but only acting as our processor.
  5. You agree to use the service for legal purposes only and not in violation of any U.S. or foreign laws, including but not limited to laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations promulgated by the U.S. Treasury Department, such as sanction laws administered by the Office of Foreign Asset Control. You agree that if we suspect or believe that a transaction is unlawful or even suspicious, we may block the transaction and take any other action we deem to be reasonable. This includes acting to prevent violations of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) and these terms of service. If you are a non-consumer, you certify that you are not now engaged, and will not use the service, in any activity or business that is unlawful under the UIGEA. You agree not to use the service in any manner that could damage, disable, overburden, or impair the service or interfere with any other parties use and enjoyment of the service.
  6. We and our service provider will process your ACH transfer request based on the information you provide. Any errors in the information (including incorrect or inconsistent account names, account numbers, or ABA routing numbers) that you provide to us are your responsibility. We and our service provider are not required to investigate discrepancies between account numbers and names on the account, and you agree that we and our service provider are not responsible for investigating such discrepancies and may execute an ACH transfer using account number information only, even if the name and the account number do not match. You agree to use a browser or mobile application that at a minimum provides a level of security equivalent to 128-bit RC4 encryption when accessing or using the service to initiate or approve ACH transfers.
  7. If an account of yours has a joint account holder, you represent and warrant that each joint account holder has consented to the ACH transfer(s), whether sending funds or receiving funds.
  8. You may not be able to cancel or revoke an ACH transfer once you have submitted or approved it, because processing begins immediately or soon after your approval is received by us. For your rights in placing a Stop Payment on your account, refer to the specific account disclosures provided to you by your financial institution. You may stop payment of a recurring ACH transfer orally or in writing at least three business days before the scheduled date of the transfer. If processing has not begun, you may be allowed to cancel or delete ACH transfers from the History tab. ACH transfers with a status of pending may be canceled; recurring ACH transfers may be deleted prior to submission of the next transfer.
  9. All accounts must be located in the U.S. No international transactions are supported.
  10. The typical time to transfer funds with us using the ACH network is three (3) to five (5) business days (that is, days we are open but excluding bank holidays and weekends). If we permit you to initiate an expedited transfer, this time may be reduced to one (1) to two (2) business days. However, specific transaction times may vary, and neither we nor our service provider guarantee any specific turnaround time to complete your funds transfer. You should check your accounts to see your ACH transfers. If you are sending funds, you should check with the intended recipient of the funds to confirm the status of the funds.
  11. You agree that credits to your account are provisional and subject to return or reversal if we or our service provider receive returns or reversals from the ACH or if we must otherwise reverse an ACH transfer (including for failure to receive final payment). After we have received final payment on ACH credits, these deposits are referred to as collected items. We also reserve the right to refuse to process or to return all or any funds transferred.
  12. We or our service provider, in our sole and absolute discretion, have the right to reject, reverse, or cancel any ACH transfer you initiate, and/or restrict or condition your ability to use the service, at any time for any reason or no reason, including but not limited to (i) insufficient funds in an account being debited; (ii) suspicious activity; (iii) order of any law enforcement agency or other legal process; (iv) inability to verify information you or others provide or are asked to provide; (e) providing us with false or inaccurate information; (f) hacking, tampering, or impacting the service functionality, availability, or security; (g) using the service for unlawful purposes (as determined by us in good faith, but without the need for inquiry); or (h) failing to cooperate with any information request.
  13. In consideration of the agreement by us and our service provider to act on your request to make transfers of funds in the manner provided for in these terms of service:
    1. If any fees, fines, or other sanctions, or damages or loss, are incurred or suffered by us or our service provider in connection with your use of the service, you agree to indemnify, defend, and hold harmless us and the service provider.
    2. The service, information, data, features, and all content on this website are offered and made available on an  as is,   as available  basis. In no event shall  we or our service provider be liable to you (and, if you are a non-consumer, your company, employees, agents, third parties, associates, or partners), or to anyone else for any consequential, incidental, special, punitive, or indirect damages of any kind whatsoever including without limitation those resulting from loss or impairment of use, data, or profits that you or anyone else may incur relating to your use or access to this site, or the use or access hereto by anyone else, even if we have been advised of the possibility of any such damages.
    3. You expressly waive any and all claims you may have or assert against us or our service provider relating directly or indirectly to accessing or using or reliance on any such information or data by you or anyoneelse.
    4. The term damages as used herein includes without limitation any and all liability; loss; damage; injury; claim, founded or unfounded; expense; or fee of any kind, including attorneysor accountantsfees.
    5. Note: If you are a consumer, the foregoing is limited to the extent that it may conflict with any non-waivable rights you may have under applicable law.
  14. We and our service providers make no representation or warranty of any kind whatsoever regarding this service, website, or any content accessible herein or available from other sites accessible hereby, including without limitation warranty of merchantability, warranty of fitness for particular purpose or use, warranty of non-infringement, warranty of title, or warranty of any other kind.
  15. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such states, liability is limited to the extent permitted by law. Accordingly, some of the above limitations may not apply toyou.
  16. In the case where a provision in another agreement we have with you conflicts with a provision in these terms of service, these terms of service willapply.
  17. These terms of service will be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. These terms of service constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you andus.

The transfer limitations and service fee may be changed at any time without notice to you or otherwise in accordance with this agreement; see current Fee Schedule.

Stop Check Payment

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.

Liability for Unauthorized Transfers

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: 434-964-2001 or 888-887-9136

Or writing:   

UVA Community Credit Union
3300 Berkmar Drive
Charlottesville, VA  22901
Attn: Member Service

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.

Credit Union’s Liability for Failure to Make Transfers

  • If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, 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

Account Information

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.

Secure Messages/Forms and Email

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

Fees

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.

Confidentiality

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

Statements and Other Communications, Including Electronic Communications

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.

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.

In Case of Errors or Questions about Online Banking Transactions

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.

Business 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 accountnumber
  • Describe the transaction you are unsure about, and explain as clearly as youcanwhyyoubelieveitisanerrororwhyyouneedmoreinformation
  • Tell us the dollar amount of the suspectederror

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.

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.

Change of Terms

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.

Acknowledgment of Existing Account Terms

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.

Applicable Law

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.

Termination of Electronic Funds Transfer Services (EFT)

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.

Arbitration of Disputes

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.

Bill Pay Service

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

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 434-964-2001. 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.

Bill Pay Expedited Payments

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 drop downlist.
  • 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.

 

UCU212W, 09/2016

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