CONSENT TO RECEIVE
As permitted by law, You hereby authorize Us to
electronically provide any and all documentation (agreements, disclosures,
notices, statements, and the like) related to Our various products and services
that You may from time to time request and/or use. The electronic transmission
of such documentation may be conducted in a variety of means such as: (a) an
electronic message (“e-mail”) sent to You at the e-mail address specified by
You (and/or any other address specified by You); (b) Your active retrieval via
the Internet by any Internet access means from a specific Internet location
(identified by Us in an e-mail message sent to You by the Credit Union); and/or
(c) any other means of electronically providing such documentation. You
understand and agree that Your consent will remain in effect until and unless
withdrawn by You either in an electronic message sent by You to Us or by
written request for withdrawal of Your consent sent by You to the Credit Union.
Your withdrawal of consent to receive documentation in this manner will take
effect within a reasonable time period following the receipt of Your request.
This authorization does not affect Your right to receive such documentation on
paper or in a non-electronic form and You may at any time request that any
electronically provided documentation be provided in a paper or non-electronic
form. You agree to immediately provide Us updated contact information in the
event that Your e-mail address (or any other means You have provided Us to
contact You) becomes unusable or inaccurate for any reason. A description of
the current means used to provide electronic documentation along with current
hardware and software requirements to receive such documentation is provided to
You separately. You will be provided updated information in the event that We
change these methods and/or hardware/software requirements.
To receive electronic records, You understand that the use
of a device such as a personal computer (“PC”) or personal digital assistant
(“PDA”) that has a graphical user interface, or “browser”, capable of accessing
and viewing electronic communications reasonably expected to reside on and
transmit within the Internet will be required. Additionally, various software, such
as that which can view an electronic file in a portable document file (“pdf”)
format may be required to view certain electronic communications. Our system is
currently designed to operate using world wide web technologies and protocols
which are adaptable to a wide variety of end user systems. More specifically,
Our system uses SSL encryption and requires a browser with an appropriate Root
CA Security Certificate and uses 40-128 bit encryption, depending upon the
specific browser being used to access the system. Some browsers may require an
update to their security certificate to properly connect to the system.
NOTICE: Many electronic communications sent and received
over the Internet can be and are often intercepted by unauthorized recipients,
beyond the control of the Credit Union. By authorizing the delivery of
documentation electronically, You understand and agree that, to the extent
permitted by law, the Credit Union cannot and will not be liable for any
damages incident to the unauthorized receipt of electronic communications sent
by or received from You where such unauthorized receipt is beyond the control
of the Credit Union.
THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE.
IT INCLUDES NECESSARY FEDERAL STATEMENTS AS REQUIRED BY THE ELECTRONIC FUND
TRANSFER ACT (15 U.S.C. SECTION 1693 ET SEQ) AND REGULATION E (12 CFR 205 ET
SEQ) AND ANY SPECIAL INSTRUCTIONS REGARDING THE USE OF YOUR ATM CARD, VISA
CHECK CARD, OUR AUDIO RESPONSE SYSTEM ("TELLERPHONE"), OUR BILL
PAYMENT SERVICE ("E-PAY") AND OUR HOME BANKING SERVICE, EACH WITH
THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE AND ANY
CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY ("E-CHECK").
Throughout these Agreements and Disclosures, the references
to "We", "Us", "Our" and "Credit Union"
mean INOVA FEDERAL CREDIT UNION and its Divisions. The words "You"
and "Your" mean each person applying for and/or using any of the
services described herein. "Account" means any account or accounts
established for You as set forth in these Agreements and Disclosures. The word
"Card" means any VISA Check Card or ATM Card issued to You by Us and
any duplicates or renewals We may issue. Our Audio Response System is
hereinafter referred to as "TellerPhone", whereas Our Bill Payment
Service is hereinafter referred to as "E-Pay" and "E-Check"
means any check which You authorize the payee to process electronically. For
joint accounts, read singular pronouns in the plural.
ATM CARD, VISA CHECK CARD, TELLERPHONE AUDIO RESPONSE,
E-PAY, HOME BANKING AND E-CHECK AGREEMENT. This Agreement applies to any
electronic fund transfer made to or from Your Account(s) by You or by any user
who has access to Your Account with actual, apparent or implied authority for
use of Your Account. Electronic fund transfers to and from Your Account can be
made through the use of, but may not be limited to, the following: (a) Your ATM
Card in Automated Teller Machines (ATMs) or at any place that it is honored
including those transactions made through the use of the appropriate PIN in
conjunction with Your ATM Card; (b) Your VISA Check Card in Automated Teller
Machines (ATMs) or at any place that it is honored including those transactions
made through the use of the appropriate PIN in conjunction with Your VISA Check
Card; (c) any check in which You authorize the payee to process electronically;
(d) Our TellerPhone Audio Response system; (e) Our E-Pay Bill Payment service;
and (f) Our Home Banking System.
An electronic fund transfer is any transfer of funds which
is performed through the use of Your ATM Card, VISA Check Card, Our TellerPhone
Audio Response system, Our E-Pay Bill Payment service, Our Home Banking System,
E-Check or other electronic device. You understand that Your Card and any
Personal Identification Numbers (PINs) or Access Codes are issued by Us and are
not transferable. The use of Your Card, PIN and/or any other Account access
device is subject to the following terms. You agree: (a) to abide by Our rules
and regulations as amended related to the use of Your Card, PIN and/or other
Account access device; (b) that We may follow all instructions given to
machines; (c) that each withdrawal by You or by any authorized user of Your
Card or PIN may be charged to Your Savings or Checking Account, as appropriate,
and will be treated as though it were a share withdrawal except that: (1) We
may charge withdrawals to Your Savings Account in any order We determine; (2)
We cannot honor stop payment requests on VISA Check Card, Home Banking,
TellerPhone and POS withdrawals.
We may, but are under no obligation to do so, process an
Electronic Fund Transfer that exceeds the balance in Your Savings and/or
Checking Account. In the event that any such transfer occurs, You agree to
immediately pay Us the overdrawn amount plus any associated fees and charges.
JOINT ACCOUNTS. If this is a joint Account, You agree to be
jointly and severally liable under the terms of this Agreement. You understand
that any Account access device that is requested and approved will be mailed
only to the primary Account holder at the address that We have for You on file.
We may refuse to follow any instructions which run counter to this provision.
DELAYED FUNDS AVAILABILITY NOTICE. Subject to Our Delayed
Funds Availability Policy, deposits made at INOVA Federal Credit Union
locations may not be posted to Your Account until they are received and
verified by Us. We are not responsible for delays in deposit posting due to
improper identification on the deposit envelope. See Our Funds Availability
Policy Disclosure for Our policy regarding the availability of Your deposits.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS AND ACCESS
CODES. You will be issued separate Personal Identification Numbers (PINs) to be
used in conjunction with VISA Check Card transactions and separate Access Codes
to be used in conjunction with ATM Card and TellerPhone and Home Banking
transactions. Your use of Your PIN or Access Code is Your authorization to Us
to withdraw funds from Your Savings Account or Your Checking Account to cover
TYPES AND LIMITATIONS OF SERVICES
ATM CARD TRANSACTIONS. You may use Your ATM Card in
conjunction with Your PIN in ATMs and/or such other machines or facilities as
We may designate to: (a) withdraw cash from Your Savings or Checking Account(s)
up to a maximum daily amount of $300.00; (b) transfer funds between Your
Savings and Checking Accounts; and (c) learn the balances in Your deposit
Accounts that You have with Us. You may also use Your ATM Check Card to make
Point of Sale (POS) withdrawals from Your Checking Account and to purchase
goods and services at any location where the Card is accepted up to Your available
Account balance. If You do use Your Card for such transactions, You authorize
Us to withdraw funds up to the available balance of Your Account(s) to cover
any such transactions, provided You have available funds.
VISA CHECK CARD TRANSACTIONS. You may use Your VISA Check
Card in conjunction with Your PIN in ATMs and/or such other machines or
facilities as We may designate to: (a) withdraw cash from Your Savings or
Checking Account(s) up to a maximum daily amount of $300.00; (b) transfer funds
between Your Share and Share Draft Accounts; and (c) learn the balances in Your
deposit Accounts that You have with Us. You may also use Your VISA Check Card
to make Point of Sale (POS) withdrawals from Your Checking Account and to
purchase goods and services at any location where the Card is accepted up to
Your available Account balance. If You do use Your Card for such transactions,
You authorize Us to withdraw funds up to the available balance of Your
Account(s) to cover any such transactions, provided You have available funds.
You agree not to use Your Card for illegal transactions including, but not
limited to, advances made for the purpose of gambling and/or wagering where
such practices are in violation of applicable state and/or federal law.
TELLERPHONE TRANSACTIONS. You may use Our TellerPhone Audio
Response service in conjunction with Your Access Code to make the following
types of transactions on designated accounts: (a) telephone transfers of funds
between Your Savings and Checking Accounts and/or loan Accounts; (b) payments
on Your loan Accounts; (c) inquiries on Account balances and loan data; (d)
withdrawals from deposit Accounts; (e) make inquiries on share/deposit
transactions; (f) miscellaneous inquiries on Credit Union services that affect Your
Account; (g) make inquiries on loan Accounts that You may have with Us; (h)
obtain information about payroll deduction or direct deposit transactions; and
(i) make inquiries on ATM Cards and VISA Check Card transactions. TellerPhone
operates 24 hours every day. If You attempt to use the system and are told that
"the system is not available", please call back later when service is
HOME BANKING TRANSACTIONS. At the present time, You may use
Our Home Banking system via a personal computer for the following services:
(a) transfers of funds between Your Savings and Checking Accounts and/or loan
Accounts; (b) payments on Your loan Accounts; (c) inquiries on Account balances
and loan data; (d) withdrawals from deposit Accounts; (e) make inquiries on
share/deposit transactions; (f) miscellaneous inquiries on Credit Union
services that affect Your Account; (g) make inquiries on loan Accounts that You
may have with Us; (h) obtain information about payroll deduction or direct
deposit transactions; and (i) make inquiries on ATM Cards and VISA Check Card
E-PAY TRANSACTIONS. At the present time, You may use Our
E-Pay Online Bill Payment service via a personal computer for the following
services: (a) authorize the issuance of payments on Your behalf, except to the
extent that such payments are for addresses outside the United States of
America or its territories or amounts less than $1.00 or greater than $2,000;
(b) check status of payments previously authorized through the E-Pay service;
(c) order copies of cancelled checks issued through the E-Pay service; (d)
order copies of ACH confirmations issued through the E-Pay service; and (e)
place stop payment requests on payments previously authorized through the E-Pay
service. In order to use E-Pay for such transactions, You must have a
Membership Savings and a Checking Account with Us. By completing an online bill
payment transaction using E-Pay, You authorize Us to post any such payments to
Your Checking Account. E-Pay payments will be made by check or electronic
transfer and may take as long as 10 business days from the date requested to be
sent to the payee. The Credit Union cannot guarantee the time any payment will
reach any of Your payees and accepts no liability for any service fees or late
charges levied against You. Payments requested to be sent on dates that do not
exist in a given month (i.e. February 30th or April 31st), or fall on
Saturdays, Sundays, federal reserve and other holidays will be sent on the
preceding business day. In addition, payment requests made within four business
days of the scheduled payment date cannot be processed.
E-CHECK TRANSACTIONS. You may authorize a merchant or other
payee to make a one-time electronic payment from Your checking Account using
information from your check ("E-Check") to: (a) pay for purchases; or
(b) pay bills.
OWNERSHIP. Your Card and/or any other Account access device
will remain Our property and may be cancelled or its use restricted by Us at
any time without notice. You agree to surrender it and to discontinue its use
immediately upon Our request. You will be required to return any Account access
devices to Us immediately upon the closing of Your Account.
NOTIFICATION OF PRE-AUTHORIZED DEPOSITS. If You have
arranged to have direct deposits made to Your Account at least once every 60
days (from Your employer, the Federal government or other payor), You can call
Us at (800) 645-3732 to find out whether or not the deposit has been made.
RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop
any pre-authorized payments, call Us at (800) 645-3732 or write Us at the
address shown in this Agreement in time for Us to receive Your stop payment
request three 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. Such stop payment notice will apply only
to that particular payment. To be sure that a third party does not bill You
again for the "stopped" payment or to cancel the entire
pre-authorized payment arrangement, contact the third party.
OUR LIABILITY FOR FAILURE TO STOP PAYMENT. If You order Us
to place a stop payment on one of Your pre-authorized payments three business
days or more before the transfer is scheduled, and We do not do so, We will be
liable for losses or damages, to the extent provided by law.
TRANSACTION SLIPS. You can get a receipt at the time You
make any transaction to or from Your Account (except for TellerPhone, Home
Banking, mail-in transactions and certain small-value transactions). When an
electronic transfer has been made during any given month, You will receive a
monthly statement to reflect all electronic fund transfers to or from Your
Account during that statement period. In any case, You will receive a statement
at least quarterly.
FEES. We may assess reasonable charges against Your Account
for transactions performed at electronic terminals. If so, We will specify any
charges for these or other types of electronic transactions, including
automatic transfers, on an accompanying pricing document. We will explain the
charges to You when You open Your Account.
You will be provided with a fee schedule, Home Banking,
E-Pay and TellerPhone information after Your Account is established. Additional
fee schedules are available at any of Our office locations. When You use an ATM
not owned by Us, You may be charged a fee by the ATM operator, or any network
used, and You may be charged a fee for a balance inquiry even if You do not
complete a fund transfer.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If We do not
properly complete a transaction to or from Your Account according to this
Agreement, We will be liable for Your losses or damages. However, We will not
be liable if: (a) Your Account does not contain enough money to make the
transaction through no fault of Ours; (b) the ATM where You are making the
transaction does not have enough cash; (c) the terminal was not working
properly and You knew about the breakdown when You started the transaction; (d)
circumstances beyond Our control prevent the transaction; (e) Your Card is
retrieved or retained by an ATM; or (f) Your Card or PIN has been reported lost
or stolen and We have blocked the Account.
LIABILITY FOR UNAUTHORIZED USE. Telephone Us at once at
(800) 645-3732 or write Us at the address shown in this Agreement if You
believe Your Card, PIN or Access Code have been lost or stolen, or if you
believe that an electronic fund transfer has been made without Your permission
using information from Your check. Telephoning is the best way of keeping Your
possible losses down. If You tell us within 2 business days after You learn of
the loss or theft of Your Card or PIN, You can lose no more than $50 if someone
uses Your Card or PIN without Your permission. If You fail to tell Us within 2
business days after You learn of the loss or theft of Your Card or PIN and We
can prove that We could have stopped someone from using Your Card or PIN
without Your permission if You had told Us, then You could lose as much as
$500. Additionally, if Your periodic statement shows transfers that You did not
make, including those made by Card, PIN or other means, You will tell Us at
once. If You fail to tell Us within 60 days after We mail You the first periodic
statement on which the transfer appears, You could lose the entire Account
balance if We can prove We could have stopped someone from taking Your money if
You had given Us notice in time. If a valid reason (such as a long trip or
hospital stay) keeps You from giving Us notice, We will extend the time
periods. Exception: You will have no liability for unauthorized use for Your
VISA Check Card as long as You report the loss or theft of Your VISA Check Card
within 2 business days. If You report such loss or theft after 2 business days,
or provide proper notification of other unauthorized VISA Check Card
transactions, Your liability for unauthorized use will not exceed $50. These
exceptions do not apply to transactions originating at an ATM or from Your
gross negligence and/or fraudulent use of Your VISA Check Card.
IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC
TRANSFERS. Call Us at (800) 645-3732 or write Us at the address shown in this
Agreement as soon as You can, if You think Your statement or receipt is wrong
or if You need more information about a transaction listed on the statement or
receipt. We must hear from You no later than 60 days after We send You the
first statement on which the problem or error appeared.
(1) Tell Us Your name and Account number.
(2) Describe the error or the transfer You are unsure about,
and explain as clearly as You can why You believe it is an error or why You
need more information.
(3) Tell us the dollar amount of the suspected error.
If You tell us orally, We may require that You send us Your
complaint or question in writing within 10 business days. We will determine
whether an error occurred within 10 business days after We hear from You and
will correct any error promptly. If We need more time, however, We may take up
to 45 days to investigate Your complaint or question. If We decide to do this,
We will credit Your Account within 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 10 business days, We may not credit
Your Account. We will tell You the results within three business days after
completing Our investigation. If We decide that there was no error, We will
send You a written explanation. You may ask for copies of the documents that We
used in Our investigation. If We have credited Your Account with funds while
investigating an error, We will charge Your Account for those funds if We
conclude no error has occurred. In this provision, all references to 10
business days will be 20 business days if Your notice of error involves an
electronic fund transfer that occurred within 30 days after the first deposit to
Your Account was made and all references to 45 business days will be 90
business days if Your notice of error involves an electronic fund transfer
that: (a) was not initiated within a state; (b) resulted from a point-of-sale
debit card transaction; or (c) if Your notice of error involves an electronic
fund transfer that occurred within 30 days after the first deposit to Your
Account was made.
UNAUTHORIZED TRANSFERS. To report a lost or stolen Card,
PIN, Access Code or any combination thereof, You will call Us at (800)
645-3732. You may also write to Us to report the loss of a Card, PIN, Access
Code or any combination thereof, at the address shown in this Agreement. You
should also call the number or write to the address listed above if You believe
a transfer has been made using the information from Your check without Your
DISCLOSURE OF ACCOUNT INFORMATION. We may disclose
information to third parties about Your Account or transfers You make: (1) when
it is necessary to complete an electronic transaction; or (2) in order to
verify the existence and conditions of Your Account for a third party such as a
credit bureau or merchant; or (3) in order to comply with a government agency
or court order, or any legal process; or (4) if You give Us written permission.
TERMINATION. We may terminate Your right to use Your Card,
PIN or Access Code or cancel this Agreement at any time upon written notice.
You may request termination of these services in writing.
CHANGE IN TERMS. We may change the terms and charges for the
services shown in this Agreement and may amend this Agreement from time to
BUSINESS DAYS. Every day is a business day except Saturdays,
Sundays and holidays.
GOVERNING LAW. This Agreement is controlled and governed by
the laws of the State of Indiana except to the extent that such laws are
inconsistent with controlling federal law.