The terms “We”, “Us”, “Our”, and “Credit Union” refer to CFCU Community Credit Union, and “You”, “Your”, and “Yourself” refer to each person applying for electronic delivery.
This Electronic Signature Act (“E-Sign Act”) Disclosure applies to all electronic communications between You and Us. When you consent to this disclosure, you agree to the following terms and conditions.
Documents Sent Electronically
We will provide You the following documents (“Documents”) in an electronic format and discontinue sending them to You in paper form. At any time, You may opt to receive these documents in paper form. The Documents that will be sent electronically include, but are not limited to, the following: • Account Statements
You must sign up for ONLINE BANKING and E-STATEMENTS to receive the Documents electronically. You must also provide and maintain a valid email address at all times, and You must contact Us when You are changing valid email addresses. Invalid email addresses may be grounds for revoking electronic delivery of the Documents.
When We deliver the Documents electronically, We will notify You with the email address We have on file. The notice will only inform You of its Availability. Please log into CFCU Community Credit Union's Online Banking. to access the Documents.
You may update Your email address by selecting the Your Preferences Tab within online banking.
We will never use email to ask You to provide or verify Your personal or account information. Any email purportedly from Us that requests Your information or instructs You to click a link or open an attachment may be fraudulent. Please forward suspicious or fraudulent email to CFCU Community Credit Union at firstname.lastname@example.org>
At any time, You may withdraw Your consent to the electronic delivery of Your Documents. You may change your statements back to paper in the following manners: within online banking, by selecting eStatement selection within the Your Preferences Tab or by sending a secure message through the Contact button; or, by contacting Us at 800-428-8340 or via email to email@example.com.
At Our discretion, We may consider an invalid email address, even if valid before, as a withdrawal of consent.
We will not charge a fee to process Your withdrawal of consent, but We may take a reasonable amount of time to process Your request.
You are responsible for providing, maintaining, and updating Your contact and other information with Us.
Hardware and Software Requirements
You will access the Documents via a WEB PAGE or link in Online Banking. Therefore, electronic access to the Documents is the same as those for Online Banking.
To view printer friendly versions of the Documents, You will need the most up-to-date version of Adobe Reader, which can be found at http://get.adobe.com/reader/. Furthermore, You will need sufficient file space on Your computer to save the Documents for Your records, unless You print them. Documents will be stored online for the stated length of time.
If these requirements substantially change, we will provide you with an updated Disclosure. You must consent to the new Disclosure to retain electronic delivery of the Documents.
We are not obligated to provide You a paper copy of the Documents authorized to be sent electronically. However, We reserve the right to send you paper copies at Our discretion.
If You would like paper copies without revoking Your authorization to electronic delivery, You may either print the Documents Yourself, or You may request them directly from Us. We may charge a fee for this request. This request may be made by contacting us at 800-428-8340, sending a secure message through online banking, or via email to firstname.lastname@example.org.
Communications in Writing
In accordance with the E-Sign Act, electronic communications of the Documents will be considered "in writing" for the purposes of other federal and state laws.
Your consent to electronic delivery of the Documents falls under the jurisdiction of the E-Sign Act, and that We and You intend to comply to the fullest extent possible.
At Our discretion and if deemed necessary or appropriate, We may terminate Your consent for electronic delivery of the Documents, and We will provide You a notice of termination.
Services Terms & Conditions The following terms and conditions govern the manner in which CFCU Community Credit Union (Us, We, Our) will provide CFCUanywhere Internet Banking and Bill Payment Services (Services) to You:
Our Member Service Information
Our Member Service is available at 607-257-8500, weekdays from 8:30AM – 5:00 PM. After hours and on Sundays, calls are answered by a voice mail system.
Mail may also be addressed to: Member Services Department, CFCU, 1030 Craft Road, Ithaca, NY 14850
Payment of taxes or court directed payments via the Services is prohibited.
We reserve the right to refuse to make any payment and/or transfer.
Funds will arrive at Your targeted Merchant and/or Account as close as reasonably possible to the date designated by You in Your payment and/or transfer instruction (Payment Date). Subject to the terms and conditions of this Agreement, You authorize Us, and any third party acting on Our behalf, to choose the most effective method to process Your payment and/or transfer, including, without limitation, electronic, paper or some other draft means. For each properly instructed payment to an eligible Merchant and/or transfer to a targeted Account, You will receive a transaction confirmation number (Confirmation Number).
The Payment Date indicated by You must always be a Business Day (as defined below). If it is not, the Payment Date will be deemed to be the first Business Day after the date indicated.
IT IS IMPORTANT THAT THE PAYMENT DATE BE ON OR BEFORE THE MERCHANT DUE DATE, NOT THE LATE DATE, AND, SINCE THE TIME FOR US TO PROCESS YOUR PAYMENT VARIES ACCORDING TO THE PARTICULAR MERCHANT, YOU MUST BECOME FAMILIAR WITH THE PAYMENT PROCESSING TIME FOR EACH MERCHANT YOU DESIRE TO PAY, AND ALLOW THE APPROPRIATE NUMBER OF BUSINESS DAYS BETWEEN THE DAY YOU INPUT YOUR PAYMENT INSTRUCTION AND THE PAYMENT DATE. IN THE EVENT THAT YOU DO NOT ADHERE TO
THE OBLIGATIONS SET FORTH IN THIS AGREEMENT, OR YOU SCHEDULE A PAYMENT LESS THAN THE NUMBER OF BUSINESS DAYS BEFORE THE DUE DATE REQUIRED FOR A PARTICULAR MERCHANT, YOU WILL BEAR FULL RESPONSIBILITY FOR ALL PENALTIES AND LATE FEES, AND WE WILL NOT BE LIABLE FOR ANY SUCH CHARGES OR FEES. THE SERVICE ASSUMES NO LIABILITY FOR THE LATE POSTING OR MISAPPLICATION OF PAYMENT ONCE FUNDS ARE RECEIVED BY MERCHANTS. THIS ABSENCE OF LIABILITY, HOWEVER, DOES NOT PRECLUDE SERVICE FROM WORKING TO RESOLVE THESE TYPES OF ISSUES WHEN THEY ARISE. IF REQUIRED, WE WILL BE RESPONSIBLE FOR PROVIDING PROVISIONAL CREDIT IF PAYMENT DISPUTES THIS ACTION.
Limitation — Under no circumstances will We be liable if We are unable to complete any payments and/or transfers initiated in a timely manner via the Services because of the existence of any one or more of the following circumstances:
1. You do not obtain Confirmation at the time You initiate a payment and/or transfer.
2. The designated Account does not contain sufficient funds to complete the payment and/or transfer.
3. You have closed the designated Account.
4. We have identified You as a credit risk and have chosen to (i) make all payments and/or transfers initiated by You via the Services utilizing a paper, as opposed to electronic method, or (ii) to terminate Your subscription to the Services.
5. The Services, Your equipment, the software, or any communications link is not working properly and You know or have been advised by Us about the malfunction before You execute the transaction.
6. You have not provided Us with the correct information for those Merchants to whom You wish to direct payment or Accounts to which You wish to make a transfer.
7. The Merchant mishandles or delays handling payments sent by Us.
8. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction, and We have taken reasonable precautions to avoid these circumstances.
WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE/BROCHURE RELATED TO THE SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE OR THE SERVICES, EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD.
Payment Cancellation/Modification — Except for those transfers which are completed immediately, You may cancel or modify a payment and/or transfer up to 12:00 a.m. Eastern Time (ET) the prior Business Day You schedule for payment and/or transfer.
Statements — All payments and/or transfers made via the Services will be listed on Your monthly Account statements (Statement) that you receive from Us.
New Services — We may, from time to time, introduce new services or enhance the existing Services. We shall notify You of the existence of these new or enhanced services. By using these services when they become available, You agree to be bound by the obligations concerning these services, which will be sent to You.
Care of Your Security Code and Security — You agree that You will not give your Services security code (Security Code) or make it available to any other person. If You believe that Your Security Code has been lost or stolen, or that someone has made payments and/or transfers using Your Security Code without Your permission, notify Us IMMEDIATELY by phone any time during Support Services hours or send an electronic message.
Your Liability for Unauthorized Payments — If you believe that your Security Code has been lost or stolen, notify Us IMMEDIATELY as provided above in order to keep your possible losses down. If you notify Us within two (2) Business Days after You learn of the loss or theft, your maximum liability is $50.00.
If you do NOT notify us within two (2) Business Days after You learn of the loss or theft of your Security Code, and We can prove that We could have prevented someone from using Your Security Code if You had told Us in time, Your maximum liability is $500.00.
If your Statement contains payments and/or transfers that You did not make, notify Us IMMEDIATELY. If You do not notify Us within sixty (60) days after the Statement was mailed to You, You may not get back any of the money You lost if We can prove that We could have stopped someone from taking the money if You had told Us in time. If a good reason (such as a hospital stay or a long trip) prevented You from telling Us, We may at Our discretion, extend the time.
Errors and Questions — Contact Us as soon as possible at either the address or telephone number described above if You think that a payment and/or transfer listed on Your statement is in error or if You need more information about a payment and/or transfer listed on the Statement. We must hear from You no later than sixty (60) days after You received the first Statement on which the problem or error appeared.
When You call or write Us, You must:
1. Tell Your name and User ID.
2. Describe the payment and/or transfer You are unsure about (Merchant Name, Account Information, Transaction Date, Transaction Amount) and explain as clearly as You can why You believe it is an error or need more information. If possible, please provide Us with the Confirmation Number for such transaction.
3. Tell Us the dollar amount of the suspected error. If You tell Us orally, or by using the Services’ electronic mail, We may require that You send Your complaint in writing within ten (10) Business Days. We will tell You the result of Our investigation within ten (10) Business Days after We receive Your complaint and will correct any Services error promptly. If We need more time, We may take up to forty-five (45) days to investigate the complaint or question. If We decide to do this, We will recredit Your Account within ten (10) Business Days after we hear from you, for the amount You think is in error in order that You may have the use of the money during the time it takes to complete Our investigation. If We ask You to put Your question or complaint in writing, and We do not receive it within ten (10) Business Days, We may not recredit Your Account.
If We decide that there was no error, We will mail or transmit to You a written explanation within three (3) Business Days after We have completed the investigation, and within ten (10) Business days of the date of such explanation, We will debit Your account of the amount previously recredited to You for use during the time We took to complete Our investigation. You may ask for copies of documents used during Our investigation.
Disclosure of Account Information to Third Parties — We will only disclose information to third parties about Your Accounts:
1. When it is necessary for completing payments and/or transfers;
2. In order to comply with a government agency or court order; or
3. If You give us Your permission.
Charges — You will not be charged a monthly fee for the Services. You authorize Us to effect automatic payment from Your Share Draft (Checking) Account by electronic means.
In the event We are unable to process a Services transaction, (if, for example, there are insufficient funds in Your Share Draft Account) the transaction will result in a “Failed Payment and/or Transfer.” In such event, We will charge the total cost of the transaction, including any service charges, to You. In the event of repetitive Failed Payment and/or Transfer, We reserve the right to suspend Your subscription to the Services. This suspension may be without prior notice to You. If Your subscription is suspended, transactions which were previously initiated may still continue to be processed unless cancelled and confirmation of such cancellation is provided as specified below. Suspension will be handled by Support Services, and all inquiries and correspondence relating thereto including requests for reinstatement should be directed to Support Services. With respect to any Failed Payment and/or Transfer, You agree to reimburse Us within fourteen (14) days after notice is sent to You, for any funds We have already paid to one or more of Your designated Merchants which We were unable to recover by debit to the Merchant or charge to You.
If You do not pay any amount owed to Us when due, You agree to pay interest on the unpaid balance at the rate of 18% per annum, or 1.5% per month (or the maximum rate allowed by applicable law, if less). In the event that Your claim or debt has to be referred to a third party for collection, You agree, to the extent permitted by law, to pay all costs and fees incurred in collecting the outstanding balances, including reasonable attorneys’ fees and court costs.
Fee Schedule You agree to pay Us the fees to be published by Us from time to time.
Additional Terms and Conditions
1. In addition to the foregoing, You agree to be bound by and comply with the requirements of the Services User Guide and applicable state and federal laws and regulations. We agree to be bound by them, too.
2. We reserve the right to terminate Your use of the Services, in whole or in part, at any time without prior notice. If there is no use or activity for six months, service will be canceled.
3. You may cancel Your subscription to the Services, upon thirty (30) days prior notice to Support Services. You will be responsible for all payments and/or transfers You have requested prior to termination and for all other charges, fees, and taxes incurred.
BE SURE TO CANCEL ALL OUTSTANDING PAYMENT AND/OR TRANSFER ORDERS WITHIN THE 30 DAY NOTIFICATION PERIOD. WE WILL NOT BE LIABLE FOR PAYMENTS AND/OR TRANSFERS NOT CANCELLED OR MADE DUE TO YOUR ACTIONS RELATED TO SERVICE TERMINATION.
4. These Terms and Conditions, the Services User Guide and applicable Services fees and charges may only be altered or amended by Us. In such event, We shall send notice to You at your listed address or transmit notice of the alteration or amendment over the Services. Your use of the Services following receipt of such notice constitutes acceptance of such alterations or amendments.
5. In the event of a dispute regarding the Services, You and We agree to resolve this dispute by looking to these Terms and Conditions. These Terms and Conditions shall supersede any and all other representations made by You or Our employees.
6. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York.
7. Business Days are Monday through Friday excluding normal banking holidays.