SMW FINANCIAL CREDIT UNION Online and Mobile Banking Agreement
Effective Date: November 1st, 2018
651-747-1500 or 1-800-772-1023
700 Apollo Drive
Lino Lakes, MN 55014
1. Scope of this Agreement
This Agreement between you and SMW Financial Credit Union, 700 Apollo Drive Lino Lakes, MN 55014 governs use of our online and mobile banking services (the “Service”, “Online Banking Service”).
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.
When you click on the “I agree” button below, you agree to be bound by all of the terms and conditions of this Agreement. Also, by accepting this agreement, you represent and warrant that you are an Authorized User acting with full authority and that you are duly authorized to execute this Agreement.
If you do not agree to the terms of this Agreement and/or do not accept the electronic version of this document, select the cancel button.
You should print and/or save a copy of this Agreement for your records. Future updates will be sent electronically as further described in below in Section 4.
If you need a paper copy of this Agreement, please contact our Online Banking Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time.
3. Prerequisites for Enrolling in the Online Banking Service
In order to enroll in the Online Banking Service:
- You must have an Eligible Account with this Financial Institution.
- You must have a valid email address
- Your account with us must be in good standing.
- If you enroll for our bill payment services, you must also be a resident of the United States or its possessions.
Hardware and Software Equipment Requirements:
· You must have a computer and Internet browser that will support 128 bit encryption.
· We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet Banking Service.
· Some features of the Internet Banking Services may not be supported with older browsers.
· You will need Internet access through an Internet service provider (ISP).
· You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
· You will also need an external email address for the delivery of electronic notices and disclosures.
· You must maintain fully updated anti-virus protection on your computer at all times.
You will need a PDF viewing software such as Adobe Acrobat Reader in order to view statements and notices.
Prior to enrolling in SMW Financial Credit Union Online Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Online Banking Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there is a material change that impacts your ability to access the Online Banking Service, we will give you advance notice of these changes and provide you an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
4. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include:
· Monthly account statements,
· Deposit account disclosures,
· Notices regarding changes in account terms and fees,
· Privacy notices
The equipment necessary for accessing these types of disclosures electronically is described above in Section 3.
With your acceptance below, you agree to accept this agreement and other online Banking related disclosures in an electronic format. YOu also agree and represent that you have the necessary equipment for accessing the oNLINE Banking Service and for viewing electronic disclosures.
If you consent to receive electronic disclosures and later change your mind, you may withdraw your consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:
· Write us at 700 Apollo Drive Lino Lakes, MN 55014
· Sending us a secure message through the Online Banking Service, or
· By contacting us at this phone number 651-747-1500 or 800-772-1023
If you send us a secure message through the Online Banking Service or write us a letter, please be sure to identify yourself and the applicable accounts.
As part of the enrollment process, we may ask if you want to receive electronic only versions of your account statements (e-statements). If you enroll for e-statements and then later decide that you want to receive paper statements, you can “opt-out” of electronic delivery by contacting us at 651-747-1500 or 800-772-1023. After your opt-out request is processed, you will begin receiving paper copies of account statements and additional charges may apply.
If you enroll for e-statements and then later close your accounts with SMW Financial Credit Union, your access to the Online banking Service will also be terminated. You may request paper copies of historical statements at the address listed above.
You should print or save a copy of all disclosures delivered electronically. Internet banking customers may request paper copies of disclosures such as this Online Banking Agreement free of charge.
5. Definitions
User ID - means a unique user ID that is not your member number used to access the Online Banking Service
ACH Origination - refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).
Agreement - refers to these terms and conditions of the Online Banking Service.
Authorized User - is any individual, agent, or Sub-User whom you allow to use the Service, your Passcode or other means to access your online accounts.
Business Days - For purposes of Online Banking Services, our business days are Monday through Friday, excluding federal holidays, even though we may be open on other days to provide limited services..
Business Customer - refers to anyone other than a Consumer who owns or holds an Eligible account at this Institution that is used primarily for business purposes.
Business Day Cutoff - refers to the cut-off time for posting purposes. Our primary banking offices are located in Lino Lakes and Maplewood, MN and our business day is based on the Central Time zone. For posting purposes, we will typically process online banking transactions completed by 8:00pm Central Time on the same Business Day. Transactions completed after 8:00pm Central Time, including internal transfers, may be processed on the following Business Day. External Transfers cutoff time is 4:00 PM CT on business days.
Consumer - refers to a natural person who owns or holds an account at SMW Financial Credit Union that is used primarily for personal, family or household purposes.
Eligible Accounts - refers to accounts eligible for access through the Online Banking Service. You may request online access to any account that you own at SMW Financial Credit Union or to any account at this Institution upon which you are an authorized signer. If you or your Authorized Users desire features of the Online Banking Service that allow you to initiate bill payments, transfers, ACH transactions, or otherwise remove funds from an Eligible Account, you must have the required withdrawal authority over the relevant Eligible Account(s). Only checking accounts may be eligible for bill payment privileges. We may make additional accounts available for bill payment services from time-to-time as allowed by law or our bill payment Service Provider.
When using the Online Banking Service, you agree to keep sufficient balances in your Eligible Account(s) to cover all transactions requested by any Authorized User and to cover any applicable fee(s) related to the Internet Banking Service.
Joint Accounts - If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and Passcode are authorized unless we have been notified to cancel the Service. If joint account holders use individual Access IDs, the Service may be identified as two separate Services and you may be charged for the use of two (2) Access IDs. Transaction history is maintained for each Access ID.
Passcode - means your password that is known solely by you and not by us or our service providers that you use to access the Online Banking Service.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that SMW Financial Credit Union may involve in the provision of Online Banking, bill payments and/or E-Bill services..
you and your - refer to the person(s) subscribing to or using the Online Banking Service, owner of the Eligible Accounts, as well as any Authorized Users that such person allows.
we, us, or our - As used within this Agreement, refers to SMW Financial Credit Union and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that SMW Financial Credit Union may involve in the provision of the Online Banking Service.
6. Basic Internet Banking Features
The basic features currently available through the Online Banking Service include:
· Up to 24 months of complete Internet transactional detail and history
· Account Inquiries for balances, rates, etc.
· Copies of monthly Account Statements and Notices
· Transfers between your Eligible Accounts at SMW Financial Credit Union
· Transfers to non-SMW Financial Credit Union accounts (external transfers)
· Secure e-mails through the Online Banking Service’s messaging system
· View loan and/or credit card balances
· Payments to loans at SMW Financial Credit Union
· Stop payment requests on checks that you have written
· Transaction downloads
Submit deposits by taking a picture of a paper check with a mobile device
Pay bills using the Bill Pay feature
Setup account alerts
Some of these features are subject to additional fees and terms and conditions. We may add or remove certain features and/or functionality from time-to-time. You can use the Online Banking Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. Access to the Online Banking Service may be slower at times due to high Internet traffic or other factors beyond our control.
1. Other Basic Online Banking Features
(A) Stop Payment Feature
The stop payment feature within the Online Banking Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature is accessible in the “Check Services” menu of the Online Banking Service and provides a means to securely forward your stop payment requests to us for processing.
Stop payment requests received through the Online Banking Service will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact us directly via telephone or in person.
The stop payment feature within the Online Banking Service should not be used to cancel transfers and Bill Payments.
Preauthorized Payments:
RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at 651-747-1500 or 800-772-1023, or write us at SMW Financial Credit Union, 700 Apollo Drive, Lino Lakes, MN 55014, in time for us to receive your request 5 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. The fee for stopping a preauthorized payment, if any, can be found on our fee schedule.
There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information or contact us at 651-747-1500 or 800-772-1023. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request. Additional information on stop payments is available within the Online Banking Service.
(B) Secure Emails and Other User Services
Address Change, Documents Request Secure E-Mail
You may use the Online Banking Service to submit an address change, document requests and other requests. Generally, requests received through the secure e-mail feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact us via phone at 651-747-1500 or 800-772-1023
There may be additional fees associated with some of these services, such as when you reorder checks through the Online Banking Service or request additional features. Fees will be disclosed in our fee schedule and/or at the time of your request.
(C) Alerts
We allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts. Each alert has different options to select from. The alerts will be sent to an email address you enter, secure messaging within online banking, or your mobile device via text message. If you choose your mobile device via text message, any data or messaging charges are your responsibility. If you change your email address or mobile phone number, it is your responsibility to update your alerts that were previously set up. You agree that we will not be liable for any delays, failure to deliver, or the misdirected delivery of any alert; for any errors in the content of an alert, or for any actions taken or not taken by you or a third party in reliance of an alert. We will do our best to provide the alerts in a timely manner with accurate information. We neither guarantee the delivery or accuracy of the contents of any alert. Your account alerts may contain some information about your accounts and anyone with access to your email will be able to view the contents of these un-encrypted alerts.
(D) Transfers
Transfers may be done one time or recurring on dates you select. One time transfers will occur at the time you enter them, unless performed at the times noted in the paragraph below. Recurring internal transfers generally occur at approximately 2:00 a.m. CT on the date you have selected, unless the date selected is a weekend date and they will be performed as noted in the paragraph below. There may be a delay in transferring funds between your accounts. Transfers of funds done after the times noted below, will not occur until the next business day at approximately 2:00 a.m. CT. Please be aware that incoming checks, ACH items or ATM/Debit Transactions may post prior to these transfers and may result in NSF conditions if the funds are not available. Extenal transfers will start processing at approximately 4:00 PM CT, external transfers setup after 4:00 PM CT will commence processing the next business day.
Your ability to transfer funds between certain types of accounts is limited by federal law and your deposit agreement with SMW Financial Credit Union. You should refer to the deposit agreement for legal restrictions.
7. Linked Accounts
When you first enroll for the Service we will link all of your designated Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 651-770-7000 or 800-247-0857 or send us a secure email message through the Online Banking Service.
Business Members may be permitted to link personal Consumer accounts to the Online Banking Service, dependent upon their business account type and setup. In some circumstances we may permit Business Members to link the accounts of other businesses owned or controlled by the Business Owner.
8. Signature Requirements
When any online transfer, ACH, wire transfer request or other payment Instruction is initiated through the Online Banking Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.
Requirements for dual signatures on checks, if applicable, do NOT apply to bill payments or other transfers initiated through the Online Banking Service. If your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Online Banking Service
Business Member Authorized Users that may be assigned payment or transactional capabilities through the Online Banking Service should be authorized by the Business Member to make or approve electronic transfers, even though that person’s authority to make transfers by other means may still require dual signatures.
If Authorized Users are no longer authorized persons on the signature card for each Linked Account, the Business Member account owner(s) has the obligation to inform SMW Financial Credit Union of the new individual or individuals with such authority. Such notice must be given to SMW Financial Credit Union by calling us at 651-747-1500 or 800-772-1023
9. Fees
Basic Online and Mobile Banking Service: (view balances and account transfers) - No charge
You are responsible for any and all fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the Online Banking Service was used during the billing cycle.
You agree to pay all such charges and authorize us to deduct the charges from your Eligible Account and any additional charges that may be incurred by you.
Any fees associated with your standard deposit account(s), as described in our Fee Schedule will continue to apply
Business Banking:
Additional charges may apply to Business Banking features, please contact us at 651-747-1500 or 800-772-1023 for additional information.
10. Enrollment Process
You must complete the enrollment process to use the Online Banking Service. You can enroll for the Online Banking Service on the Internet or you can enroll in any of our offices. You must have an active email address in order to enroll for the service.
You will also choose your User ID and Passcode during the enrollment process. Your Passcode will only be known to yourself and to those to whom you disclose the Passcode. SMW Financial Credit Union and our services providers will not have access to your Passcode.
When you enroll for the Online Banking Service, you agree to provide true and accurate enrollment information. .
Upon enrollment, you will be asked to select one or more security questions and answers. These questions are required as part of our enhanced security measures and may be used as a method of validating your identity. You may be required to correctly answer your security questions in order to gain access to the Online Banking Service.
11. Address, Email or Funding Account Changes
When you enroll in the Service, we will send you a “Welcome” email. We may also send you secure messages through the Service regarding important Online Banking and bill payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made by sending a secure message within Online Banking or by contacting us at SMW Financial Credit Union, 700 Apollo Drive Lino Lakes, MN 55014, 651-747-1500 or 800-772-1023. Any changes to your Eligible Account(s), Funding Account, or Billing Account should also be made in accordance with these procedures. We are not responsible for any bill payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.
After you enroll, the Online Banking Service will allow you to establish email alert notifications to keep you apprised of activity within your account(s).
From time-to-time we may also send emails marketing various features of the Online Banking Service; however, we will never ask you to provide any personal or account information in response to an email from this Institution.
12. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Online Banking Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
The balances within the Online Banking Service are updated periodically and will display the most current "as of" date on the "accounts summary page”. There may be situations that cause a delay in an update of your balances. In these situations, the Online Banking Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
13. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us for processing. However, you can edit or change a transfer that is still “pending”.
In order to cancel or change a pending transfer that has not been submitted to us for processing, use the following procedures:
Log in and make edits to the appropriate transaction.
You may edit a pre-scheduled (future dated/automatic) transaction any time before 6:00pm Central Time on the Business Day before the scheduled transfer or payment date.
For transfers, you can change the transfer amount to $0.00, or
If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
If you need to edit a pending transaction after-cut-off time, please contact us immediately; although in these situations, we may not have sufficient time to stop transactions from further processing. Separate agreements detail the required time-frames for submitting and making changes to ACH transactions, and wire transfer requests.
14. Transaction Limitations
You may use the Online Banking Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account(s) to cover the amount of any transaction (internal/external account transfer, ACH, wire transfer, and/or bill payment) on the effective date of the transaction or the request may not be processed. NSF and/or overdraft charges may be incurred if transactions exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized (automatic) electronic funds transfers (EFTs), during a given monthly statement period. Online account transfers and bill payments are counted toward the six permitted monthly transfers. Please refer to your original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits on the number of transfers or bill payments from your checking accounts, therefore this financial institution currently limits bill payment services only to checking accounts.
15. Internet Security
The Online Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Online Banking Service, our Contact Center will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Online Banking Service.
Access IDs and Passcodes - One of the main security features protecting the Online Banking Service is the unique combination of your Access ID and Passcode. Encryption and access controls are used to protect your Passcode within our database. If you need to reset your Passcode, you may use our online automated Passcode reset feature or you may contact SMW Financial Credit Union for assistance.
Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.
· You should carefully select a Passcode that is difficult to guess.
· You should not use words based on your name, address or other personal information.
· Special characters may be used to increase security.
· Do NOT use dictionary words.
· Keep your Passcode safe.
· Memorize your Passcode and do NOT write it down.
· You should also change your Passcode occasionally, such as every 90 days.
· Passcodes should not be shared with anyone, even Authorized Users.
When you enroll for the Online Banking Service you agree to change your Passcode immediately if you suspect that your Passcode has been compromised. This can be done at any time from the “Options” > “Security Settings” menu after you log on to the Online Banking Service.
Neither this Institution nor its Service Providers will contact you by telephone, email or text messaging requesting personal information, such as your Access ID, Passcode, credit card number, ATM Card Number or ATM PIn. If you are contacted by anyone requesting this type of information, do not provide any information and contact our internet banking department immediately.
Encryption - The Online Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Online Banking. Your browser automatically activates this technology when it attempts to connect to our Online Banking Service. The Online Banking Service requires a browser that supports 128-bit encryption and we will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Online Banking Service have been certified by a Certificate Authority to assure you that you are actually talking to the Online Banking Service instead of someone pretending to be us. By clicking on the lock within the Internet Banking Service, you can view the certificate to ensure it’s valid.
Cookies - During your use of the Online Banking Service, our Online banking Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. You must accept this cookie to use the Online Banking Service. The session cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or “permanent” cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer’s hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Online Banking Service.
Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or transaction requests.
16. Your Security Obligations
You are solely responsible for the maintenance, installations, and operation of your computer INCLUDING THE USE OF UPDATED ANTI-VIRUS PROTECTION.
Neither SMW FINANCIAL CREDIT UNION nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer AND SOFTWARE.
All Authorized Users should sign-off after every session. While online sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.
Refrain from using public computers (e.g. computers in a library, Internet café or hotel business center) to access your online banking accounts. The security of public or shared computers cannot be assured.
Always keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Online Banking Service.
Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or malicious software (malware) may affect the affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Furthermore, undetected or un-repaired viruses or malware may affect the security of online accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers.
Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
If you use a wireless Internet connection to access your online accounts, make sure that the wireless network is encrypted.
Occasionally we may post important security notices on our website and/or send online banking user’s security related notices or reminders. It is your responsibility to read all security notices.
17. Protecting Your Passcode
When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individual(s). You are responsible for all transactions authorized or requested though the Online Banking Service using a valid AccessID and Passcode, including those situations when your Access ID and Passcode are obtained due to compromise to your computer. If you permit other persons to use the Online Banking Service with your Passcode, or other means to access your account, you are responsible for any transactions they authorize.
If you believe the Passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Online Banking Service without your consent or has transferred money without your permission, you must notify us at once by calling 651-747-1500 or 800-772-1023 during regular business hours.
If you or your Authorized users disclose your Passcode to anyone, and/or if you allow someone to use your Passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Internet Banking Service by them (e.g., such as when you provide this information to a joint account holder, an employee, an aggregation service provider, or when your personal computer is compromised by a key stroke Logging virus or any other type of malware).
You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.
18. Documentation and Verification of Transactions
Information regarding all Online Banking transactions will be reflected on the account detail page within the Online Banking Service and in your regular monthly account statement(s).
19. Our Liability for Failure to Complete Transfers and Bill Payments
It is our responsibility to process all bill payments, internal transfers and other electronic transactions properly initiated through the Online Banking Service in accordance with this Agreement. However, we shall incur no liability and any bill payment service guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Online Banking Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided us with the correct bill payment Funding Account information, or the correct name, address, phone number, or account information for the Payee;
4. Your Eligible Account(s), including either your bill payment Funding Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction;
6. It can be shown that the Payee received a bill payment within the normal delivery timeframe and failed to process the bill payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a bill payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force or third party) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from any of your Eligible Account(s) or if we cause funds from your accounts to be directed to a Payee, which does not comply with your payment instructions, SMW Financial Credit Union and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Eligible Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, any late payment related charges.
20. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
· Telephone us at 651-747-1500 or 800-772-1023 during regular business hours;
· Contact us by using the secure messaging feature within the Online Banking Service; or
· Write to us at 700 Apollo Drive Lino Lakes, MN 55014
If you think your statement is incorrect or you need more information about an electronic transfer or bill payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name, relevant account number(s), and Access ID;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will determine whether an error occurred within ten (10) Business Days (five (5) Business Days for Cash & Check Card point-of-sale transactions processed by Visa or MasterCard and twenty (20) Business Days if the transfer involved a new account) after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation (90 days if the transfer involved a new account, a point-of-sale transaction or a foreign initiated transfer). If we decide to do this, we will provisionally credit your account within ten (10) Business Days (five (5) Business Days for Cash & Check Card point-of-sale transactions processed by Visa or MasterCard and twenty (20) Business Days if the transfer involved is a new account) for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account was opened.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Passcode has been lost, stolen or otherwise compromised. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
If consumer members tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
27. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Online Banking Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the more recent revisions and updates.
28. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our Contact Center or send us a secure email through the Online Banking Service.
Any transactions that have already been approved and processing has begun prior to the requested cancellation date will be completed by the Service. Scheduled or pending bill payments and transfers, including automatic payments, will not be processed once the Online Banking Service is cancelled. You will remain responsible for any fees associated with the Online Banking Service prior to the effective cancellation date.
We may terminate or suspend the Online Banking Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to the Online Banking Service may be cancelled in whole or part without prior notice due to insufficient funds in one of your Eligible Account(s) or any other circumstances in our sole discretion.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Contact Center.
29. Exclusions of Warranties and Limitation of Damages
THE ONLINE BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding our efforts to ensure that the ONLINE Banking Service is secure, we cannot and do not warrant that all data transfers via the ONLINE Banking Service will be free from monitoring or access by others.
We are not responsible for and you agree to hold us harmless from any damages, losses, costs, errors, deletions, or failures that occur as a result of or in connection with any malfunction of your computer or software, or your failure to obtain adequate online security hardware and software, nor will we be responsible for any computer viruses that affects your computer or software while using the ONLINE Banking Service. In addition, we will not be responsible for any third party access or attempted access to your computer or software while using the ONLINE banking service or our website.
We are not responsible and you agree to hold us harmless for security breaches caused by or arising from a breach of your computer system, Internet provider or your mobile device carrier.
THE FOREGOING SHALL CONSTITUTE SMW FINANCIAL CREDIT UNION AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL SMW FINANCIAL CREDIT UNION or its service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS or attorneys fees (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE ONLINE BANKING SERVICE.
30. No Unlawful or Prohibited Use
As a condition of using the Online Banking Service, you represent and warrant to us that you will not use the Online Banking Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.
You further warrant and represent that you will not use the Online Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
31. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
32. No Waiver
SMW Financial Credit Union and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
33. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
34. Disputes
In the event of a dispute regarding the Online Banking Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of SMW Financial Credit Union and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
36. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by SMW Financial Credit Union and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Online Banking Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
37. Governing Law and Relation to Other Agreements
Accounts and services provided by SMW Financial Credit Union may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Minnesota, without regard to its conflicts of laws provisions.