This Online Services Agreement and Disclosure (the "Agreement") is
entered into between PFCU ("Credit Union") and agreed to by member of
the Credit Union, who hereby subscribes to PFCU's Online Banking and, if
requested and approved, Bill Payment Services ("online services"). This
Agreement contains the terms and conditions governing the online
services. The member is referred to in this Agreement as "you" or
"your". The Credit Union is referred to in this Agreement as "Credit
Union", "PFCU", "we", "us", and/or "our". If you use the online service
or permit another to use the online service on your behalf, you agree to
the terms and conditions stated in this Agreement.
1. SCOPE OF AGREEMENT
1.1 Other Accounts, Loan Agreements and Services
This Agreement governs online access to your accounts with PFCU. The
terms and conditions set forth herein are in addition to, and do not
cancel or supersede, any other agreements or signature cards governing
your deposits, loans or other business relationships with the Credit
Union. All of the terms, conditions, agreements, representations,
schedules, disclosures, and fees set forth in or associated with such
other agreements and signature cards remain in full force and effect.
However, the persons you authorize to have access to and make transfers
or payments from your account(s) through the online service may not be
the same persons who are authorized to sign on the account under your
other agreements and signature cards with us, or you may give them
greater authority to conduct activities through the online service than
they have under your other agreements and signature cards with us. In
cases where your authorizations to other persons do not coincide with
your authorizations for the same account(s) under the signature card
agreement(s), the signature card agreement(s) will govern the online
service transactions.
1.2 Termination
Either you or the Credit Union may terminate this Agreement at any time
upon giving written notice of the termination to the other party.
Termination will not affect any liability or obligation of either party
incurred hereunder prior to termination. For reasonable cause, including
inactivity or excessive, inappropriate or unlawful usage, the Credit
Union reserves the right to terminate this Agreement and your access to
the online service, in whole or in part, at any time without prior
notice to you. Upon termination, we reserve the right to make no further
transfers or payments from your account(s) pursuant to this Agreement,
including payments or transfers you have previously authorized. If you
terminate your online services, you authorize the Credit Union to
continue making transfers you have previously authorized until such time
as the Credit Union has had a reasonable opportunity to act upon your
termination notice. You agree that upon termination of your online
services, either by you or by us, you will cancel all automatic or
recurring transfers you have previously authorized, and that if you fail
to do so, you are responsible for such payments.
2. DESCRIPTION OF AND LIMITATIONS ON THE ONLINE SERVICE
2.1 General Description of Online Services
In general, the Online Banking service package enables you to:
- search transaction histories and obtain balance information on
accounts with the Credit Union which may include checking, savings,
money market savings, certificates of deposit, loans and lines of
credit.
- transfer funds between your transaction accounts at PFCU
- make payments on your loan accounts at PFCU
- communicate with PFCU staff through a secure message facility
- establish reminders and account alerts
The Bill Pay service enables you to:
- electronically request one-time or recurring payments to be made from
your primary checking account to nearly any person, organization or
company in or doing business in the United States
- view pending payments and payment history
This list is not exhaustive and the Credit Union may offer additional or
different online services in the future, all of which will be governed
by this Agreement, as amended.
The Online Banking and Bill Pay services are often collectively referred
to in this agreement as "online services".
The Online Banking and Bill Pay services are available by request to
eligible members with prior Credit Union approval. To be granted use of
online services, a member must be in good standing for a reasonable
period of time. Online Banking and Bill Pay are separate services that
must be requested separately by online enrollment. Despite being
separate, you must have access to the Online Banking service before you
can access Bill Pay. Bill Pay also requires a valid checking account
from which payments are drawn.
2.2 Types of Transfers and Limitations
You can make an internal transfer of funds from one account with the
Credit Union to another, such as a transfer from a savings account to a
checking account. Transfers may be limited in amount as provided in our
agreements with you governing these services or in accordance with PFCU
policies. In addition, your ability to transfer funds between certain
accounts is limited by federal law, as stated in your deposit agreements
with us. For example, you can make no more than six (6) transfers from a
savings or money market account during each statement period. Transfers
made using both the online service and other transfer methods described
in the Deposit Agreements are counted against the permissible number of
transfers. The Credit Union reserves the right to further limit the
frequency and dollar amount of transactions from your accounts for
security or credit reasons, as the Credit Union may determine at any
time at its sole discretion.
2.3 Overdrafts; Order of Payments
It is your responsibility to ensure that you have enough money or credit
available in an account from which you instruct us to make transfer or
payment. If funds are withdrawn from any of your accounts by means of
electronic fund transfers, other than through the online service on the
same business day as the online service transaction, and if the account
contains insufficient funds to enable both the electronic fund transfer
and the online service transfer to be made, the transfers will be made
in the order determined by the Credit Union, at its sole discretion. You
are fully obligated to us to provide sufficient funds for any payments
or transfers you make or authorize to be made. If we complete a payment
or transfer that you make or authorize and we subsequently learn that
you have insufficient funds for the transaction, you agree to reimburse
us upon our demand, and you further agree that we may reverse the
transaction or offset the shortage with funds from any other deposit
account(s) you have with us to the extent permitted by the applicable
law and the terms of any other relevant agreements.
2.4 Bill Payment Service
The Bill Payment service, or "Bill Pay" is an optional electronic
payment system that permits you to initiate and authorize payments from
your checking account(s) to payees, which you have selected in advance,
to receive payments by means of this service (a "payee" is a person,
organization or business you are paying).
To participate in Bill Pay you must be a member in good standing and
have a checking account with PFCU and access to our Online Banking
service. The Bill Pay service can be accessed only via Online Banking
and is a separate service made available to you after your enrollment
online and Credit Union approval of that enrollment. Participation in
Bill Pay is voluntary, involves a separate enrollment, requiring
acknowledgement of Bill Pay Agreement and Disclosure which includes
service charges you may incur as a result of using the Bill Pay service.
2.5 Computer Requirements
In order to use Online Banking and Bill Pay, you must have an Internet
Service Provider and a computer containing a supported browser software
or have access to such a computer. In this Agreement, your computer and
the related equipment and software are referred to together as your
"Computer". You are responsible for the installation, maintenance, and
operation of your Computer and your software.
2.6 Registration Process
In order to obtain access to and use Online Banking, non-business
account holding members must complete our initial online registration
process from a link on the Credit Unions website (www.pfcu4me.com). The
online registration process involves completing and submitting a secure
online form, creating an Online Banking username and password.
Business and Organizational account holders must contact PFCU's business
department to enroll in Online Banking.
The Bill Pay service must be enrolled for separately through a link in
the Credit Union's Online Banking service, but it will not need an
additional User ID or Password. For Bill Pay, you will be required to
designate one checking account as your primary account. Any service fees
as well as payments you instruct us to make to payees will be charged to
your primary account.
2.7 User ID and Security
You will need your User ID and Password ("login credentials") to gain
access to Online Banking. Use of your login credentials is the agreed
security procedure between you and the Credit Union. You should keep
your login credentials confidential in order to prevent unauthorized use
of Online Banking and, if applicable, the Bill Pay service. Anyone to
whom you give or disclose your login credentials, either deliberately or
inadvertently, will have access to your accounts. You are responsible
for all transactions against your account(s) made using Online Banking
or Bill Pay, including any transactions that may be unintentionally or
inadvertently authorized or made, and any losses, charges, or penalties
incurred as a result. In addition, except as otherwise provided in this
Agreement, you are responsible for transactions by unauthorized persons
using your login credentials.
You may change your User ID or Password at any time via the Online
Banking service. You will be prompted to change your password every one
hundred and eighty days (180) days thereafter. We will clear your User
ID and/or assign you a new Password upon your request at any time. Any
Password we assign you will be usable only once, and you will be
required to change it the first time you use it to enter the system. YOU
ARE RESPONSIBLE FOR KEEPING YOUR USER ID, PASSWORD AND ACCOUNT DATA
CONFIDENTIAL.
We reserve the right to deactivate any User ID that has been "inactive"
for a period of three (3) months or more. If your User ID has been
deactivated, you will be required to go through the registration process
again to restore access to Online Banking. You may not receive advance
notice of User ID deactivation.
2.8 Reporting Unauthorized Transaction or Theft or Loss of User IDs.
If you believe that an unauthorized transaction has been or may be made
from your account, alert PFCU immediately by calling us at (844)
517-3611 or write us at: PFCU, 9077 Charlotte Highway, Portland,
Michigan 48875
2.9 No Signature Required.
When using Online Banking, you agree that the Credit Union, without
prior notice to you, may execute transfers between accounts or payments
against loans as instructed by you using the online service, without
securing your signature by hand or by legally acceptable form of
electronic signature.
If using Bill Pay, you agree that the Credit Union, without prior notice
to you, may debit your account to pay checks that you have not signed by
hand or by legally acceptable form of electronic signature.
3.0 RESPONSIBILITY OF PARTIES
3.1 Confidentiality and Access to the Online Service.
The Credit Union shall exercise due care in seeking to preserve the
confidentiality of your User ID and to prevent access to the online
service in general and your accounts in particular by unauthorized
persons. It is understood and agreed that implementation by the Credit
Union of its normal procedures for maintaining the confidentiality of
information relating to its members and preventing unauthorized
transactions shall constitute fulfillment of its obligation to exercise
due care. The Credit Union shall not be under any liability or have any
responsibility of any kind for any loss incurred or damage suffered by
you by reason or in consequence of any unauthorized person gaining
access to or otherwise making use of your accounts through the online
service if (i) the Credit Union has fulfilled its obligation of due
care, or (ii) the loss or damage could have been avoided had you
promptly notified the Credit Union when you received knowledge or notice
of an unauthorized transaction or other breach of security, or (iii) the
unauthorized transaction was a transfer of funds to an account owned by
you or by any person or entity which controls, is controlled by, or is
under common control with you. You assume full responsibility for the
consequences of any misuse or unauthorized use of or access to the
online service system or disclosure of any of your confidential
information or instructions by your employees, agents or other third
parties. When the Credit Union becomes aware of any unauthorized access
to your accounts, it will advise you as promptly as practical
thereafter. For all purposes above, "promptly" shall generally be
defined as within two (2) business days after discovery of the
unauthorized access.
3.2 Hardware and Software Malfunctions
The risk of error, failure, incompatibility or nonperformance of your
computer system is your risk and includes the risk that you do not
operate your computer or your software correctly. The Credit Union is
not responsible for any errors or failures from any malfunction of your
computer or your software. The Credit Union shall have no liability to
you for any damage or other loss, direct or consequential, which you may
suffer or incur by reason of your use of your computer or your software.
PFCU MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE,
INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE. The Credit Union makes no representations or warranties
regarding the accuracy, functionality, or performance of any third party
software that may be used in connection with the online service (e.g.
Quicken, Microsoft Money).
The Credit Union is not responsible for nor shall have any liability for
any loss or damage, direct or consequential, from electronic viruses,
worms, trojans, keystroke loggers, spyware or any other "malware" that
you may encounter on your computer using your internet access provider
or on any computer system with which you choose to access the Credit
Union's online services. WE STRONGLY ENCOURAGE YOU TO INSTALL, PROPERLY
USE, AND KEEP UP-TO-DATE ANTI-VIRUS, ANTI-SPAM, ANTI-SPYWARE AND
FIREWALL SOFTWARE AND/OR HARDWARE PRODUCTS FROM RELIABLE, REPUTABLE
PROVIDERS TO PROTECT YOUR COMPUTER'S ONLINE SECURITY.
3.3 Limitation of Liability
IN NO EVENT SHALL PFCU BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST
PROFITS WHETHER OR NOT THE CREDIT UNION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE.
4. MISCELLANEOUS
4.1 Periodic Statements
Your online service payments and transfers will be indicated on the
normal monthly statements we provide or make accessible by mail or
delivery service. You have a right under federal law to receive such
statements for accounts governed by the EFTA and Reg. E. We may also
provide or make accessible to you statement information electronically
or by some other means. You agree to notify us promptly if you change
your address or if you believe there are errors or unauthorized
transactions in any statement, or statement information.
4.2 Business Days and Hours of Operation
The Credit Union's online services are generally available twenty-four
(24) hours a day, seven (7) days a week. However, at certain times, some
or all of the online service may not be available due to scheduled or
unscheduled system maintenance. During these times, you may use the
Credit Union (if open), a Credit Union ATM or Telephone Banking to
conduct your transactions. A transfer initiated through the online
service before 3:00 P.M. (Eastern Time) on a Business Day is generally
posted to your account the same day. Transfers completed after 3:00 P.M.
(Eastern Time) on a Business Day or on a Saturday, Sunday or federal
banking holiday will be posted on the next Business Day. Our Business
Days are Monday through Thursday 9:00 a.m. to 5:00 p.m., Friday 9:00
a.m. to 5:30 p.m., Saturday 9:00 a.m. to 12:00 p.m. Sunday, and federal
banking holidays are not included.
4.3 Notices and Communications
Except as otherwise provided in this Agreement, all notices required to
be sent to you will be effective when we mail or deliver them to the
last known address that we have for you in our records. Notices from you
will be effective when received by mail at the address specified in
Section 2.8 above.
4.4 E-Mail Communications.
In general, e-mail communications sent over the public internet via
traditional e-mail systems are not necessarily secure. Therefore, PFCU
will not send and we strongly suggest that you do not send any
confidential personal or account information via traditional internet
e-mail. You agree that we may take a reasonable time to act on any
e-mail request that you send.
The Credit Union's Online Banking service includes a secure message
system by which you and Credit Union staff can exchange confidential
account information safely. These communications transpire inside the
secure internet banking system and therefore do not pose the same
confidentiality risk as regular e-mail over the public internet. We will
respond to these communications within a reasonable time frame, normally
within one (1) business day. Correspondence that requires expeditious
handling (e.g. reporting an unauthorized transaction from one of your
accounts) should be made by calling PFCU at (844) 517-3611 or visiting
the Credit Union in person.
4.5 Assignment
The Credit Union may assign its rights and delegate its duties under
this Agreement to a company affiliated with the Credit Union or to any
other party.
4.6 No Waiver
The Credit Union shall not be deemed to have waived any of its rights or
remedies unless such waiver is in writing and signed by the Credit
Union. No delay or omission on the part of the Credit Union in
exercising its 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.
4.7 Governing Law
Regardless of where you live or work or where and how you access the
Credit Union's online services, this Agreement will be governed by, and
construed in accordance with, the laws of the State of Michigan and the
federal laws of the United States of America.
4.8 Enforcement
In the event the Credit Union brings legal action to enforce the
Agreement or collect overdrawn funds on accounts accessed under the
Agreement, the Credit Union shall be entitled, subject to applicable
law, to payment by you of its reasonable attorney's fees and costs,
including fees on any appeal, bankruptcy proceedings, and any
post-judgment collection actions, if applicable. If there is a lawsuit,
you agree that it may be filed and heard in the State of Michigan, if
allowed by applicable law.
4.9 Severability
Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law as nearly as
possible to reflect the original intent of the Agreement, and the
remaining portions shall remain in full force and effect.
5. FUNDS TRANSFER SERVICE FOR ACCOUNTS SUBJECT TO THE
ELECTRONIC FUNDS TRANSFER ACT
The EFTA and Reg. E may govern some of the accounts to which you have
household access through the online service. In general, the EFTA and
Reg. E govern accounts established by a natural person primarily for
personal, family or household purposes. The following terms and
disclosures apply to accounts governed by the EFTA and Reg. E ("EFTA
Accounts"), and, with respect to EFTA Accounts, if there is any conflict
between these disclosures and terms set forth elsewhere in this
Agreement, these disclosures shall control. These disclosures do not
apply to accounts that are not EFTA Accounts.
5.1 Member Liability
You should notify the Credit Union immediately if you believe any of
your accounts have been accessed or your User ID has been used without
your permission. Contacting the Credit Union immediately, especially by
telephone at ((844) 517-3611, will help you reduce your potential
losses.
If someone used your User ID and Password without your permission, you
can lose no more than $50.00 if you notify the Credit Union within two
(2) business days of discovering any unauthorized use. However, you can
lose as much as $500.00 if you do not notify the Credit Union within two
(2) business days of discovering the unauthorized use and the Credit
Union can prove that it could have prevented the unauthorized use had it
been notified.
If you do not report unauthorized transactions that appear on any of
your periodic statements within sixty (60) days after such statements
are mailed to you, you risk unlimited losses on transactions made after
the sixty (60) day period has passed if the Credit Union can show that
it could have prevented the unauthorized use had it been notified within
this sixty (60) day period. At the Credit Union's sole discretion, we
may extend the time periods.
You are fully obligated to us to provide sufficient funds for any
payments or transfers you make or authorize to be made. If we complete a
payment or transfer that you make or authorize and we subsequently learn
that you have insufficient funds for the transaction, you agree that we
may reverse the transaction or offset the shortage with funds from any
other deposit account(s) you have with us to the extent permissible by
the applicable law and the terms of any other relevant agreements.
5.2 Preauthorized Transfers.
A preauthorized electronic fund transfer (PEFT) is an electronic fund
transfer that is authorized in advance and is scheduled to recur on a
periodic basis. If a PEFT to your account is scheduled to occur at least
once every sixty (60) days, and you do not receive a receipt of the
transfer you may call the Credit Union at (844) 517-3611 to determine
whether the transfer occurred.
If a PEFT from your account will vary in amount from the previous
transfer under the same authorization, you have the right to receive
from the payee or from us written notice of the amount and date of the
transfer at least ten (10) days before the scheduled date of transfer.
Under the EFTA and Reg. E you have certain stop-payment rights and
obligations for PEFT's. You can stop any PEFT by calling or writing to
us at least three (3) business days before the payment is scheduled to
be made. If you stop payment by telephone, we may also require you to
send us your request in writing within fourteen (14) days after you
call.
PFCU cannot cancel an agreement you have with a third party or revoke
the authorization that you have provided a third party for recurring
automatic transfers from your accounts. To cancel your agreement with a
third party and revoke your authorization for recurring automatic
transfers, you must contact the third party with whom you have an
agreement.
5.3 Credit Union's Responsibility.
The Credit Union is responsible for completing transfers on time
according to your properly entered and transmitted instructions.
However, the Credit Union will not be liable for completing transfers
if, through no fault of ours, you do not have enough available money in
the account from which a payment or transfer is to be made, if the
account has been closed, frozen, or is not in good standing, or if we
reverse payment or transfer because of insufficient funds; if any
transfer exceeds the credit limit of any account or under the
instructions of this Agreement; if you have not properly followed
software or the online service instructions on how to make a transfer or
other transaction; if you have not given the Credit Union complete,
correct, and current instructions, account numbers, User IDs, or other
identifying information so that the Credit Union can properly credit
your account or otherwise complete the transaction; if you receive
notice from a merchant or other institution that any payment or transfer
you have made remains unpaid or has not been completed, and you fail to
notify us promptly of that fact; if withdrawals from any of your linked
accounts have been prohibited by a court order such as a garnishment or
other legal process; if your computer, your software, or the online
service was not working properly and this problem should have been
apparent to you when you attempted to authorize a transfer; if you, or
anyone you allow, commits fraud or violates any law or regulation; if
circumstances beyond the Credit Union's control prevent making a
transfer or payment, despite reasonable precautions that the Credit
Union has taken. Such circumstances include, but are not limited to,
telecommunications outages, third party provider malfunctions, postal
strikes, delays caused by payees, fires, and floods. There may be other
exceptions to the Credit Union's liability as stated in the deposit,
line of credit, and other Credit Union agreements.
In addition, the Credit Union will not be liable for indirect, special,
consequential, economic, or other damages arising out of the
installation, use or maintenance of the online service and/or its
related equipment, software, or online services.
5.4 Disclosure of Account Information to Others
Disclosure of account information is covered in PFCU's Privacy Policy.
5.5 Error Resolution
If you believe your Login credentials have become known by an
unauthorized person, or that an unauthorized transaction has been or may
be made from your account, alert the Credit Union immediately by calling
us at (844) 517-3611 or write us at: PFCU, 9077 Charlotte Highway,
Portland, Michigan 48875.
If you think your statement is wrong or if you need more information
about a transaction listed on the statement, the Credit Union must hear
from you no later than sixty (60) days after it sends or delivers to you
the FIRST statement on which the problem or error appeared. If you
requested more information about a problem or error, the Credit Union
must hear from you within sixty (60) days after it sends or delivers
that information to you.
Tell us your name and account number(s). Tell us the type, time, and
date of the transaction and the dollar amount of the suspected error.
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.
If you tell the Credit Union orally, we may require that you send in
your complaint or question in writing within ten (10) business days
after we hear from you and we will then in good faith attempt to correct
any error promptly.
If the Credit Union needs more time, however, it may take up to
forty-five (45) days to investigate your complaint or question, in which
case, the Credit Union will re-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 the Credit Union to
complete its investigation. If the Credit Union asks you to put your
complaint or question in writing and does not receive it within ten (10)
business days, the Credit Union may not re-credit your account.
If the Credit Union decides that there was no error, we will send you a
written explanation within three (3) business days after it finishes its
investigation. You may ask for copies of the documents that the Credit
Union used in its investigation.
Online Banking service: NO FEE
PFCU reserves the right to adjust fees or pricing schedules at any time
with adequate notice to members.
CONFIRMATION OF AGREEMENT
Please indicate below your agreement to abide by the terms and
conditions set forth in PFCU's Online Banking Services Agreement and
Disclosures.
You agree to accept this Agreement and Disclosers in the electronic form
presented. If you desire a copy and are unable to print a paper copy of
this Agreement and Disclosures, you may request a paper copy by calling
PFCU at (844) 517-3611.
PFCU E-MAIL STATEMENT DISCLOSURE AND ELECTRONIC CONSENT
AGREEMENT
This statement requests your consent to permit PFCU ("Credit Union") to
provide communications and information to you in secure electronic form
rather than in paper form for your selected accounts. Before you decide
whether or not you wish to give your consent to receiving electronic
notices and records, you should read and consider the following
information. Then, if you decide to consent, you can click the 'I
accept' button at the bottom of this statement.
Upon receipt of your consent, we will notify you at your registered
e-mail address each time we prepare a statement for an account that you
have selected. We will send you an email letting you know that the
eStatement is available online. You will be required to enter your User
ID and password to view the electronic statement. You agree it is your
sole responsibility to protect your password from unauthorized persons.
You agree that it is your responsibility to ensure that the electronic
statements cannot be intercepted or viewed by others. You agree that the
Credit Union has no control as to the persons who have access to your
personal computer and your password once it is in your possession. The
Credit Union will not be liable for any authorized access to your
personal computer or your passwords.
After electing to have your statement sent to you electronically, you
may still obtain a paper copy of your Statement by contacting the Credit
Union through the following methods (a fee, as disclosed in the current
Fee Schedule may apply).
In writing: PFCU 9077 Charlotte Hwy Portland, MI 48875
In person: at any branch location: By phone: (844) 517-3611 By
email: pfcuinfo@pfcu4me.com
Discontinuation of E-mail Statement: (Return to paper statement
by mail) You may withdraw your request to have your Statement of Account
sent to you electronically by contacting the Credit Union either in
writing or by e-mail at the above captioned addresses. You may also
cancel this service yourself from within PFCU online banking by clicking
"Settings" menu, selecting the "Statement Delivery" link, clicking on
the pencil icon and changing "Delivery type" to "Paper Statement".
A Monthly paper statement fee, as disclosed in the current Fee Schedule
will be assessed to all accounts other than youth 23 and younger, prime
time ages 55 and older, or organizational accounts.
When Your Personal Information Changes: You agree to immediately
provide the Credit Union updated contact information in the event that
your e-mail address (or any other means you have provided the Credit
Union to contact you) becomes unusable or inaccurate for any reason. You
may update this information by clicking the "Settings" menu, then
"Statement Delivery" tab, clicking on the pencil icon and entering your
new email address in "Email Address" section. You may also inform us in
person at any of our branch location.
Requirements to Receive an E-mail Statement: All that you need is
access to internet service provider and a computer containing a
supported browser software. 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
herein. You will be provided updated information in advance should the
Credit Union change these methods and/or hardware/software requirements.
Minimum Requirements:
- Online Banking Access
- Active Email Account
- Internet Browser Options: The most recent version of Chrome, Firefox,
Safari, etcetera
- Adobe Reader(DC): The most recent version
Additional Electronic Submissions By accepting e-statements, you also
agree to receive periodic electronic messages from the Credit Union
pertaining to announcements, disclosures, documents, etc. You will be
provided with an opt-out option should you wish to discontinue receiving
the periodic messages. You also agree that you may be notified
electronically if you send PFCU an e-mail, fill out an application
online or fill out any feedback questionnaire.
Security Notice for Internet Transactions: Many electronic
communications sent and received over the Internet can and are
intercepted by unauthorized recipients, beyond the control of the Credit
Union. By authorizing the delivery of your Statement of Account
electronically, you further agree, to the extent permitted by law, to
release PFCU from any liability if the information is intercepted or
viewed by unauthorized parties.
As permitted by law, by clicking "I Accept" button you hereby authorize
PFCU to electronically provide you with your Statement of Account.
PFCU P2P Service Agreement & Terms of Use (Terms of Use)
These Terms of Use set forth the terms and conditions under which the
Service is offered. The Service allows a Sender to transfer funds to a
Recipient through electronic means. These Terms of Use affect your
rights, you should read them carefully.
Unauthorized use of these systems is strictly prohibited and is subject
to prosecution under the Computer Fraud and Abuse Act of 1986 and Title
18, U.S. Code Sec. 1001 and 1030. Credit Union or its Service Provider
may monitor and audit usage of this system. You are hereby notified that
the use of this system constitutes consent to such monitoring and
auditing.
Any Account accessed through the Service is also subject to the terms
and conditions of your Account (Account Disclosures). You should review
the Account Disclosures carefully, as they may include transaction
limitations and fees that might apply to your use of the Service.
1. Definitions
"Account" or "Accounts" refers to any accounts that may be debited or
credited with funds under these Terms of Use.
"Recipient" means the cardholder to whom the Sender transfers funds.
"Sender" is the Credit Union Cardholder that transfers funds to another
person through the Service.
"Service" means the P2P service powered by Acculynk that allows a Sender
to send funds to Recipient.
"Service Provider" is Acculynk a company that arranges for
person-to-person payments to customers of any U.S. financial
institution.
"Site" is the Service Provider's electronic location accessed by a user
through a mobile phone, computer or other access device.
"Transfer" means an electronic movement of funds from an account at
Credit Union to an account of another party by means of the Service.
"Transfer Instructions" are the information that you provide when using
the Service.
"Us," "We," and "Our" means Credit Union, PFCU.
"You" and "Your" mean each person who applies or registers to use the
Service and each person who uses the Service, including both the Sender
and Recipient of a Transfer.
2. Description of Service and Consent
Credit Union debit cardholders may send one-time Transfers to Credit
Union members or a depositor of another financial institution. Notice is
given to the Recipient by the Sender providing the Recipient's email
address or mobile phone number. You may originate these Transfers by use
of a computer or a mobile smart phone. You may register for the Service
which will make future Transfers more convenient for you. To use this
Service you are providing information to our Service Provider from your
mobile phone, desktop, laptop, or other computer. Service Provider is a
vendor of Credit Union.
By participating in the Service, you are representing to the Credit
Union that you are the owner or you have the authority to act on behalf
of the owner of the mobile phone number or email address you are using
to send or receive messages regarding Transfers. In addition, you are
consenting to the receipt of emails or automated text messages from the
Credit Union or its agent, regarding the Transfers and represent to the
Credit Union that you have obtained the consent of the Recipients of
your intended Transfers.
Funds may be transferred to any account in the United States as long as
the Transfer is legal and allowed by the financial institutions
involved.
3. Eligibility
Individuals aged 18 years and older with a debit card issued by Credit
Union are eligible to use this Service to send funds to a Recipient. Any
individual age 18 years and older with an account in the United States
that may receive POS or ACH transactions may use this Service to receive
funds that are transferred by the Sender. The Service is not offered to
individuals under the age of 18. Other restrictions and eligibility
requirements apply as described in this Agreement or other disclosures.
Credit Union does not knowingly collect any personal information from or
about individuals under 18 years of age. Please do not submit such
information to the Credit Union, and as a parent or legal guardian,
please do not allow your children to submit personal information without
your permission. By using the Site or the Service, you represent that
you meet these requirements.
4. Transfers
You may make one-time Transfers by entering your debit card number and
email address. The Sender provides the Recipient's email address or
mobile phone number, and the Service uses this information to notify the
Recipient. A Recipient must accept the Transfer within 10 days, or the
Transfer will be cancelled and reversed. During this period, funds will
be removed from the Sender's Account for the amount of the Transfer.
Once the Recipient has successfully accepted the Transfer, funds will be
sent to the Recipient's financial institutions for deposit to the
Recipient's account. If the Sender and Recipient are both Credit Union
members enrolled in the Service, Transfers will be immediately debited
from the Sender's Account and reflected in the Recipient's Account. If
the Sender and Recipient are customers of different financial
institutions, Transfers will be immediately debited from the Sender's
Account and will be delivered to the Recipient's financial institution
once claimed. Credit Union is not responsible for any failure of another
financial institution to timely credit its customer's account.
You acknowledge and agree that Transfers will be completed using only
the email address or mobile phone number 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 drop down menu and your
transaction history but will not be used to process payments. You must
accurately enter the Recipient's email address or mobile phone number
since your obligation to pay for the 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 Transfer 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, as well as any EFT Network, or
networks, utilized to automate the transfer of funds and governed by
Regulation E, (collectively, the "Rules"). The parties 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 the Credit
Union or the third party institution, which holds the account, has
finally settled such credit.
It is the responsibility of the Sender and Recipient of funds to provide
accurate information. You agree that you as Sender are authorized to
withdraw or as Recipient are authorized to deposit funds into the
Accounts whose numbers you provide or into the Accounts associated with
the card number you are providing. You authorize the Credit Union,
directly or through third parties, to make any inquires considered
necessary to validate your identity. This may include asking you for
further information, requiring you to take steps to confirm ownership of
your email address or financial instruments, ordering a credit report
and verifying your information against third party databases or through
other sources.
You authorize the Credit Union to debit your account to complete the
Transfer you request. If you are receiving funds, you authorize the
crediting of your account using card networks or NACHA
5. Sender Acknowledgment
By using this Service you, as the Sender, authorize the sending of an
email or text message instructing the Recipient how to receive the funds
that you are sending. You are further authorizing any Recipient of this
message to act on the instructions to receive the funds you are sending.
You acknowledge that any party receiving the email message at the email
address you provide or text message at the mobile phone number you
provide may obtain the funds you are sending.
You acknowledge and agree that we are not responsible for determining
the identity of the party who receives the email or text message and
acts upon the email or text message you provide. Your funds may not
reach the intended Recipient because of errors made by the Sender or
Recipient and you could lose all the funds. The funds that are credited
to the account cannot be recalled by us. If you suspect that you have
entered information incorrectly, call us immediately and we may be able
to cancel the Transfer. We have no obligation to cancel the Transfer or
to reimburse funds that were transferred according to the Sender's
instructions. Furthermore, we may reject any Transfer request and may
terminate your use of this Service for any reason including attempting
insufficient funded Transfers.
6. Recipient Acknowledgment
By using this Service you as the Recipient are confirming that you are
the person to whom the Sender intends to transfer funds. As the
Recipient, you will be asked to provide your debit card information that
will be used to transfer funds to your Account. If you choose not to
provide your debit card information or your institution does not
participate, you will be asked to provide account information including
account number and routing information for your financial institution.
In this case the funds will be transferred through the Automated
Clearing House.
It is important that you enter accurate information. You agree that
Credit Union, the receiving financial institution and our Service
Provider may rely solely on the instructions you provide. If you enter
inaccurate cardholder or account number information the funds may be
deposited into another person's account. You acknowledge that the
financial institution may make the deposit based on the account number
or card number you provide even if those numbers do not correlate to the
name that you provide. Retrieval of these funds will be the Recipient's
responsibility to work with the financial institution to which the funds
were sent. You may lose all the funds that were transferred. The funds
that are credited to the account cannot be recalled by us.
If you suspect that you have entered information incorrectly or that you
have received funds in error, call us immediately and we may attempt to
cancel the transaction. We have no obligation to cancel the Transfer or
to reimburse funds that were transferred according to the Recipient's
instructions.
By using this Service you agree that you are the intended recipient of
the email or text message and that you are the intended recipient of the
funds. If you are not the person to whom the funds are intended then you
agree to take no further action. You understand that it is a federal
felony to use another person's identification with the intent to commit
unlawful activity. You represent that the information you are providing
is your true and correct information. If any information you provide is
fraudulent, Credit Union reserves the right to recover all costs or
losses from you, regardless of whether such costs or losses are incurred
directly or indirectly.
7. Fees and Limitations on Transfers
The Credit Union may establish a limit on the number of Transfers and on
the total dollar amount of Transfers that can be attempted or completed
in one day. You may send multiple Transfers each day We may modify the
amount and frequency of Transfers at any time for security reasons or
due to account activity.
Funds may be transferred from the account from which the debit card is
authorized to transfer funds. Such transfers may overdraft your account
and may result in a transfer from another account to cover the
overdraft. In any of these situations, a transfer fee will be charged,
as applicable. You may be denied service for insufficient funds in your
account. You will be responsible for any other transaction fees that
apply to your Account.
Please note that your mobile carrier may charge you for text messaging.
Please check your mobile service agreement for details on applicable
fees. The receiving institution may have limits on the number and type
of Transfers allowed. Your financial institution may also charge a
transaction fee.
8. Timing of Transfers
Transfers to remove the funds from the Sender's Account may take place
immediately. However, the timing of funds received will depend on when
the Recipient responds to the email and when their financial institution
posts the Transfer. The posting of the Transfer is dependent on the
business days of that institution.
9. Issues Affecting the Posting of Transfers
You authorize us to debit your account to complete the Transfer you
request. If you are receiving funds, you authorize the Credit Union to
credit your Account using card networks/switches or NACHA.
Other events may affect the timing or success of a Transfer reaching the
intended Recipient. Such events may include, but are not limited to,
errors made by the Sender or Recipient in entering information,
inaccurate account or card number information, delays in posting by the
receiving institution, acts of God, and network and NACHA interruptions.
If we believe the Transfer may be illegal, we may decline or reverse the
Transfer. The receiving institution may choose not to post the Transfer
or to delay posting the Transfer. Neither the Credit Union nor the
Service Provider is responsible for any delays in the Transfer of funds
or the posting of funds to the Recipient's Account. You may have certain
rights and responsibilities regarding the failure to timely post
transactions and you are encouraged to pursue dispute resolution with
the receiving financial institution.
Financial institutions have rules and regulations that govern their
accounts. Some of these regulations may not allow a POS or ACH transfer
of funds. You are responsible for ensuring that these types of Transfers
are allowed for the Account that you specify. For example, an IRA may
not allow electronic transfers directly into the Account. We are not
responsible for any action or lack of action taken by the financial
institution that delays, inhibits, or prevents the posting of the
Transfer to the Account.
10. Security
The Sender and Recipient of funds may choose to register for this
Service to simplify their future use of the Service. They will be asked
to create a username and password and you are responsible for keeping
them secure. We will not ask you for your password.
If the financial institution contacts us or our Service Provider for
information regarding your Account, you authorize us to discuss the
Transfer and the account information you have provided.
11. Cookies, Browser Information and Related Issues
When you visit the Site, the Service Provider may receive certain
standard information that your browser sends to every website you visit,
such as the originating IP address, browser type and language, access
times and referring website addresses, and other information. This data
may be used, among other uses, to improve the operation of the Site and
to improve the security of the Site and Service by assisting in
"authenticating" who you are when you access the Site or Service,
particularly if you register for the Service and are issued or create a
username and password.
The Service Provider may also receive additional information about your
visit to the Site, including the pages you view, the links you click and
other actions you take in connection with the Site and the Service. This
data may be used, among other uses, to improve the operation of the Site
and the Service.
Like most websites, the Site also uses "cookies," which are small data
files placed on your computer or other device by the web server when you
visit the Site. Most such cookies are "session" cookies that are only
used for a specific period during which you are on the Site, but a few
are "persistent" cookies that stay on Your hard drive and are read by
the web server when you return to the Site (unless you erase them). The
Site uses cookies to store your preferences and other information on
your computer in order to save you time by eliminating the need to
repeatedly enter the same information and to display your personalized
content on your later visits to the Site. These cookies are linked to
personal information about you, such as your email address. Most web
browsers automatically accept cookies, but you can modify your browser
setting to decline cookies if you prefer. However, if you choose to
decline cookies, you may not be able to sign in or use other interactive
features of the Site that depend on cookies.
You may encounter the Service Provider's cookies or pixel tags on
websites that we do not control. For example, if you view a web page
created by a third party or use an application developed by a third
party, there may be a cookie or pixel tag placed by the web page or
application.
12. Access to Information about You
You may review and update the personal information maintained about you
in the "Manage Account" section of the Site at any time to ensure that
it is accurate.
Once you close your Accounts with the Credit Union or you no longer have
a debit card, you may no longer send Transfers. However your Account
information will be maintained for a retention period to accommodate any
residual issues that may arise.
13. Amendments
Credit Union may amend these Terms of Use or any other disclosures at
any time by posting a revised version on the Site. The revised version
will be effective immediately at the time it is posted, unless a delayed
effective date is expressly stated therein. Credit Union may also
provide you with an email notification of such amendments. The Credit
Union may require you to affirmatively acknowledge or accept the revised
Terms of Use in order to continue using the Service. Any use of the
Service after a notice of change (whether by Site posting, email, or
express acknowledgment or acceptance) will constitute your express
agreement to such changes.
14. Limitations of Warranties
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR,
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY
PART OF OUR SERVICE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE
DISCLAIMER OR CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS
MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE
LIABILITY OF CREDIT UNION AND ITS AFFILIATES AND SERVICE PROVIDERS AND
THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE
PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU
ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE
DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE
AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL,
INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION OR FAILURE
IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER
FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS.
15. Limitation on Liability
IN NO EVENT SHALL CREDIT UNION OR ITS AFFILIATES OR SERVICE PROVIDERS OR
THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM
ARISING FROM OR RELATED TO THE SERVICE CAUSED BY ITS AFFILIATES OR
SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF
ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE
SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE
REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.
16. Limitation on Damages
CREDIT UNION'S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS
AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF
EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR
OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF
POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
17. Time for Making a Claim
IN NO EVENT SHALL CREDIT UNION OR ITS AFFILIATES OR SERVICE PROVIDERS OR
THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM
ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE
THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN
A COMPLAINT FILED IN A COURT OF COMPETENT JURISDICTION WITHIN TWO (2)
YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING
FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY.
18. Indemnification
You agree to indemnify, defend, and hold Credit Union and its
affiliates, officers, directors, employees, consultants, agents, service
providers and licensors harmless from any and all third party claims,
liability, damages, and/or costs (including but not limited to
reasonable attorneys' fees) arising from your use of the Service, our
reliance on the Transfer instructions and other information you provide,
the performance or non-performance of other financial institutions, or
other signers, owners or users of your Accounts.
19. Severability
If any provision of these Terms of Use are found to be invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible, and the remaining provisions will remain in full force.
20. This site is created and controlled by PFCU in the State of
Michigan. As such, the laws of the State of Michigan will govern these
Terms of Use, without giving effect to any principles of conflicts of
laws.
21. Contacting Us
If you have any questions about this Service or this Agreement, you may
contact us at the phone number or postal address below:
PFCU
9077 CHARLOTTE HIGHWAY
PORTLAND, MICHIGAN 48875
Phone: (844) 517-3611
22. Disclosure Access
You may access Our Privacy Policy at PFCU Privacy Policy relating to the
collection and use of your information.
Credit Union members may access Our Electronic Fund Transfer (EFT)
disclosure by viewing our Terms and Conditions document at Terms and
Conditions - EFT Disclosure. Non-Credit Union members should consult
their financial institution for their EFT disclosures.
PFCU ACH TRANSFER DISCLOSURE
With PFCU's (Credit Union) Online Banking and Mobile Banking, you can
make transfers between most of your savings, checking, and Money Market
Savings Accounts (MMSAs).
PFCU's Online Banking and Mobile Banking also allows you to make
transfers from most savings, checking, and MMSAs accounts to another
member or your other accounts held at PFCU. You also have the option to
transfer funds and make payments on your loans and credit cards from and
to your PFCU accounts from and to your accounts at another financial
institution via the Automated Clearing House (ACH). There are minimum
and maximum transfer limits associated with transferring funds to and
from PFCU to another financial institution via the ACH.
For transfer to another financial institution you will need their
routing number, your account number, account type (Saving or Checking)
for the other institution. For verification purposes, two transactions
("Micro" Deposits) in amounts less than $1 will be deposited from your
PFCU account to the external financial institution you are making the
transfer to. You will need to verify funds were transferred correctly
and validate the amount transferred. It may take up to 72 hours for the
verifying transfer to process. Once you have verified the amount you can
make transfers. Verifying process needs to be completed only once for
each new financial institution.
Transfers to another financial institution will take up to three
business days to complete.
Electronic Fund Transfers Initiated By Third Parties. You may authorize
a third party to initiate electronic fund transfers between your account
and the third party's account. These transfers to make or receive
payment may be one-time occurrences or may recur as directed by you.
These transfers may use the Automated Clearing House (ACH) or other
payments network. Your authorization to the third party to make these
transfers can occur in a number of ways. For example, your authorization
to convert a check to an electronic fund transfer or to electronically
pay a returned check or draft charge can occur when a merchant provides
you with notice and you go forward with the transaction (typically, at
the point of purchase, a merchant will post a sign and print the notice
on a receipt). In all cases, these third party transfers will require
you to provide the third party with your account number and credit union
information. This information can be found on your check as well as on a
deposit or withdrawal slip. Thus, you should only provide your credit
union and account information (whether over the phone, the Internet, or
via some other method) to trusted third parties whom you have authorized
to initiate these electronic fund transfers. Examples of these transfers
include, but are not limited to:
- Preauthorized credits. You may make arrangements for certain direct
deposits to be accepted into your checking or savings account(s).
- Preauthorized payments. You may make arrangements to pay certain
recurring bills from your checking or savings account(s).
- Electronic check or draft conversion. You may authorize a merchant or
other payee to make a one-time electronic payment from your checking or
share draft account using information from your check or draft to pay
for purchases or pay bills.
- Electronic returned check or draft charge. You may authorize a
merchant or other payee to initiate an electronic funds transfer to
collect a charge in the event a check or draft is returned for
insufficient funds.
TRANSFER LIMITATIONS
There is no limit on the number of transfers from your savings account
or your MMSA if they are made in person, by Automatic Teller, or by
mail, or if they are made to make monthly payments on PFCU loans, to
have funds mailed directly to you, or as a distribution of your Direct
Deposit.
Federal regulations limit the number of certain types of transfers
and/or withdrawals you can make from your savings account and your MMSA
to six per calendar month. The types of transfers that are limited are
those requested by fax, telephone, Internet, and pre-authorized
transfers.
FEES
- We do not charge for direct deposits to any type of account.
- We do not charge for preauthorized payments from any type of account.
Except as indicated elsewhere, we do not charge for these electronic
fund transfers
Periodic statements:
You will receive a monthly statement if you have a checking account or
if you have ACH deposits, withdrawals or payments coming from an
account. Otherwise you will receive a quarterly statement. If you are
receiving a quarterly statement, but would like to receive a monthly
statement, please contact the credit union. We can set you up to always
receive a monthly statement.
Fees and charges:
The fee to receive a monthly statement from a quarterly is listed in our
separate fee schedule.
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 is how: Call us at (844) 517-3611 or write
us at the address listed at the end of this notice in time for us to
receive your request 3 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. We
will charge you a fee for each stop-payment order you give. See separate
fee schedule.
- Notice of varying amounts. If these regular payments may vary in
amount, the person you are going to pay will tell you, 10 days before
each payment, when it will be made and how much it will be. (You may
choose instead to get this notice only when the payment would differ by
more than a certain amount from the previous payment, or when the amount
would fall outside certain limits that you set.)
- Liability for failure to stop payment of preauthorized transfer. If
you order us to stop one of these payments 3 business days or more
before the transfer is scheduled, and we do not do so, we will be liable
for your losses or damages.
FINANCIAL INSTITUTION'S LIABILITY
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 will be liable for your losses
or damages. However, there are some exceptions. We will not be liable,
for instance:
(1) If, through no fault of ours, you do not have enough money in your
account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the
credit limit.
(3) If the automated teller machine where you are making the transfer
does not have enough cash.
(4) If the terminal or system was not working properly and you knew
about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent
the transfer, despite reasonable precautions that we have taken.
(6) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the
transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant; or
(3) in order to comply with government agency or court orders; or
(4) as explained in the separate Privacy Disclosure.
REGULATORY AUTHORITY
If you believe that any provision of the Michigan Electronic Funds
Transfer Act has been violated you should notify the Department of
Insurance and Financial Services, Financial Services Bureau, Credit
Union Division, P.O. Box 30224, Lansing, MI 48909 or the National Credit
Union Administration, Division of Supervision at 4225 Naperville Road,
Suite 125, Lisle, IL 60532.
UNAUTHORIZED TRANSFERS
(a) Member liability.
- Generally. Tell us AT ONCE if you believe your card and/or code has
been lost or stolen, or if you believe that an electronic fund transfer
has been made without your permission using information from your check
or draft. Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account (plus your maximum
overdraft line of credit). If you tell us within 2 business days after
you learn of the loss or theft of your card and/or code, you can lose no
more than $50 if someone used your card and/or code without your
permission.
If you do NOT tell us within 2 business days after you learn of the loss
or theft of your card and/or code, and we can prove we could have
stopped someone from using your card and/or code without your permission
if you had told us, you could lose as much as $500. Also, if your
statement shows transfers that you did not make, including those made by
card, code or other means, tell us at once. If you do not tell us within
60 days after the statement was mailed to you, or made available online,
you may not get back any money you lost after the 60 days 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 long trip or a hospital stay) kept you from
telling us, we will extend the time periods.
(b) Contact in event of unauthorized transfer.
If you believe your card and/or code has been lost or stolen, call us at
(844) 517-3611 or write us at the address listed at the end of this
notice. You should also call the number or write to the address listed
in this notice if you believe a transfer has been made using the
information from your check or draft without your permission.
ERROR RESOLUTION NOTICE
In case of errors or questions about your Electronic Transfers, Call or
Write us at the telephone number or address listed below, as soon as you
can, if you think your statement or receipt is wrong or if you need more
information about a transfer listed on the statement or receipt. We must
hear from you no later than 60 days after we sent the FIRST statement on
which the problem or error appeared.
(1) Tell us your name and account number (if any).
(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 (5 business days for Debit
Card point-of-sale transactions and 20 business days if the transfer
involved a new account) after we hear from you and will correct any
error promptly. If we need more time, however, we may take up to 45 days
(90 days if the transfer involved a new account, a point-of-sale
transaction, or a foreign-initiated transfer) to investigate your
complaint or question. If we decide to do this, we will credit your
account within 10 business days (5 business days for Debit Card
point-of-sale transactions and 20 business days if the transfer involved
a new account) 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. 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 is
opened. 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 you think your statement or receipt is wrong, or if you need more
information about a transaction listed on the statement or receipt,
concerning errors or unauthorized transactions telephone us or write us
at:
PFCU
9077 CHARLOTTE HIGHWAY
PORTLAND, MICHIGAN 48875
Phone: (844) 517-3611
Business Days: Monday through Saturday
Excluding Federal Holidays
PFCU MOBILE DEPOSIT TERMS AND CONDITIONS
1. SERVICE TERMS
The following terms and conditions apply to PFCU (Credit Union) MOBILE
DEPOSIT SERVICE (Service) that PFCU may provide to its Member. The
Member accepts and agrees that the Service or any portion of the Service
may be provided by one or more subcontractors. The provisions of PFCU's
"Terms and Conditions of Your Account" agreement and applicable service
terms are incorporated into this Agreement by reference.
2. OVERVIEW AND DEFINITIONS
This Agreement states the terms and conditions by which PFCU will
deliver to the Member, the Service, as described below:
a. "Member" means a person that has a membership with PFCU.
b. "Business Day" means any day which PFCU is open to conduct
substantially all of its services, but
does not include Saturday 12:00 PM Noon or after, Sundays or PFCU
holidays.
c. "Scanner" means any device acceptable to the Credit Union, which
provides for the capture of an image(s) from original items and for
transmission through a clearing process.
d. "Item" means a check, paper item, or an electronic item (i.e. an
electronic image of an item together with information describing that
item). Acceptable items include personal checks, government checks,
business checks, money orders, traveler's checks and cashiers or
certified checks drawn on a US financial institution and in US funds.
The image of a check that is transmitted for deposit must accurately and
legibly provide all the information on the front and back of the check
prior to being scanned. The scanned image of the check transmitted must
accurately and legibly provide, among other things, the following:
(i) information identifying the drawer and the paying
bank that is preprinted on the check, including complete and accurate
MICR information and the signature(s); and
(ii) other information placed on the check prior to
the time an image of the check is captured, such as any required
identification written on the front of the check and any endorsements
applied to the back of the check.
e. "Service" means the specific Mobile Deposit Service provided by the
Credit Union. The Service shall be provided for items received with a
consumer or business purpose being deposited into an account at PFCU.
Third party checks are not allowed using the Mobile Deposit service.
f. "Service Start Date" means the date that the Service is first made
use of by the Member.
g. "Technology" means Credit Union or its subcontractor's deposit
capture applications and processes designed to facilitate the electronic
clearing of Items. Said applications are accessed through scanners,
utilizing software and hardware provided by or acceptable to Credit
Union, and are proprietary access points to payment processing networks
and systems used to complete the clearing of items. Technology may
include but is not limited to Member service support, reports, software,
software tools, user interface designs, and documentation, and any
derivatives, improvements, enhancements or extensions thereof developed
or provided by PFCU or its subcontractors and used in the provision of
Services hereunder.
h. "Access Systems" means all services, hardware, software and other
technology necessary to access the Service.
i. "Subcontractors" means any third party service provider of the
Service.
j. "Term" shall mean the term of this Agreement beginning as of the
Service Start Date until terminated as provided herein.
3. MEMBER OBLIGATION - SUSPENSION OF SERVICES
a. Member Responsibilities. To access your account(s) with the Credit
Union, the Member must have an eligible checking account with the Credit
Union, and have an established valid email address. When using the
Service, Member shall provide, at Member's sole cost and expense, all
Access Systems and Member shall be solely responsible for installing,
maintaining, securing and supporting all such Access Systems.
The Credit Union is not responsible for any error or failures from any
malfunction of any Access Systems, and PFCU is not responsible for any
virus or related problems that may be associated with the access to or
use of the Service. PFCU does not guarantee that the Service will be
compatible with all mobile devices, routers or firewalls. Further, PFCU
does not and cannot control the flow of data to or from Credit Union's
network, its service provider's networks or other portions of the
Internet. Accordingly, PFCU cannot guarantee that Member's connection to
the Internet will not be impaired or disrupted, and PFCU hereby
disclaims any and all liability resulting from or related to such
events.
SUPPORTED DEVICES - iPhones with a camera and
operating system newer than 17.x - Android phones with a camera and
operating system newer than 13.x
b. Withdrawal of Access/Suspension of Service. PFCU reserves the right
to deny, suspend or revoke access to the Service immediately, in whole
or in part, at its sole discretion, without notice if PFCU believes
Member is in breach of this Agreement or otherwise using or accessing
the Service inconsistent with the terms and conditions hereof. Further,
PFCU or its subcontractor shall have the right to suspend the Service
immediately in the event of an emergency.
c. Handling of Transmitted Items. Member shall be responsible for
safekeeping and destruction of original items which are scanned,
transmitted electronically and deposited using the Service and
indemnifies and holds PFCU harmless from any liability with respect to;
(i) the safekeeping, use or destruction of the
original items after they are scanned, transmitted and deposited
electronically using the Service, or
(ii) any Items being submitted for deposit or
presented for payment more than once.
There are no laws or regulations that state how long original items
should be retained prior to destruction, therefore, retention timeframes
are set at the Member's discretion. It is recommended however, that
member at a minimum; securely store each original check for a period of
60 days. Within those 60 days the member needs to take appropriate
security measures to safeguard the original checks transmitted to PFCU
for crediting. Please notate "MOBILE DEPOSIT ONLY at PFCU" on the back
of the check prior to storing.
d. In Case of Errors. In the event that the member believes there has
been an error with respect to any original check or image thereof
transmitted to PFCU for deposit, member will immediately contact PFCU
regarding such an error. PFCU hours of operations are as follows:
Monday through Friday: 8:00 AM to 6:00 PM EST
Saturday: 8:00 AM to 1:00 PM EST
Telephone Number: (844) 517-3611
e. Account Statement Examination. Unless Member notifies PFCU of any
errors to deposits made through the Service within 60 days after the
applicable account statement is mailed or otherwise provided to Member,
such statement regarding all deposits made through the Service shall be
deemed to be correct.
f. Processing of Items. Images of items transmitted by Member are not
considered received by PFCU until Member has been forwarded an
electronic receipt confirmation of the deposit from the Credit Union.
However, receipt of the confirmation from PFCU does not mean that the
transmission was error free or complete. Items meeting PFCU mobile
deposit Service criteria transmitted by the Member and received by PFCU
or its subcontractors are subject to the following deposit cutoff
schedule:
Monday through Friday: 9:00 AM to 5:00 PM (EST): Items
transmitted during this time are eligible for credit on the same
business day.
Saturday: 9:00 AM to 12:00 PM (EST): Items transmitted during
this time are eligible for credit on the same business day.
Items received after the cutoff time, on holidays or weather related
closures of the Credit Union are eligible for credit on the next
successive business day.
All items transmitted during or after cutoff times are subject to daily
item or deposit limit restrictions set by the Credit Union. PFCU may at
its sole discretion, without prior notice to Member, change item or
deposit limits.
g. Check Endorsement Requirements. Prior to scanning a check, member
will endorse the back of the check. Member's endorsement will include
signature, the applicable account number, date and "For Mobile Deposit
Only". A two party check that is not endorsed by both parties will not
be accepted for deposit. If the check is payable to the member and joint
member both must endorse the check. Third party checks will not be
accepted for deposit, i.e., any item that is made payable to another
party and then endorsed to the member by such party.
h. Funds Availability. Deposited funds will be available in accordance
with the Funds Availability Policy disclosure. Any crediting of the
Member's account for items deposited via this Service is provisional,
subject to verification and final settlement. Any dishonored items will
be returned as an image of the original or as a substitute check. Any
dishonored item is subject to a fee according to the PFCU's Fee Schedule
at the time of the return.
i. Fees: Currently PFCU members will not be charged any fees for the use
of Mobile Deposit Service.
4. WARRANTIES AND DISCLAIMER
a. Member shall not use the Service in any way that could potentially
harm Credit Union's network or sites, or the network or sites of its
third party service providers. Member shall not use the Service in any
way that:
(i) transmits any item or other materials via the
Service that is deceptive or fraudulent;
(ii) violates any law, statute, ordinance, or
regulation (including without limitation the laws and regulations
governing banking and criminal activity);
(iii) transmits or distributes any viruses, worms,
time bombs, Trojan horses, or other destructive software of devices;
(iv) attempts to break or circumvent security, or in
fact, breaks or circumvents security of any computer network of Credit
Union, its subcontractors or service providers.
b. Member shall not nor shall they permit or assist others to abuse or
fraudulently use the Service. Member makes the following warranties and
representations with respect to each image of an original check
transmitted to PFCU utilizing Mobile Deposit:
(i) Checks Deposited. Each image of a check
transmitted to PFCU is a true and accurate rendition of the front and
back of the original check, without any alteration, and the drawer of
the check has no defense against payment of the check;
(ii) Endorsements. Member(s) will properly endorse
each item by signing the back of each check and indicating the
depository account number, date and for mobile deposit only;
(iii) Image Quality. The amount, the payee,
signature(s), and endorsement(s) on the original check are legible,
genuine, and accurate;
(iv) No duplicates. Member will not:
(a) create duplicate images of the
checks,
(b) transmit a duplicate image or
file to PFCU or another financial institution
(c) deposit or otherwise negotiate
the original of any check of which an image was created
(d) endorse to a third party the
original item
(e) and no person will receive a
transfer, presentment, or return of or otherwise be charged for, the
item such that the person will be asked to make payment based on an item
already paid.
c. Disclaimer. PFCU warrants that the Service shall be performed in a
workmanlike and professional manner consistent with banking industry
standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE
IS PROVIDED ON AN "AS IS" BASIS, AND PFCU HEREBY DISCLAIMS ALL OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
5. LIMITATION OF LIABILITY
a. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER PFCU NOR ANY OF ITS SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE
RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT
OF YOUR USE OF THE SERVICE, WHETHER CAUSED BY THE CREDIT UNION, ITS
SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER'S USE OF THE
SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER THIS AGREEMENT.
IN NO EVENT SHALL THE CREDIT UNION OR ANY OF ITS SUBCONTACTORS OR
SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR SOFTWARE
USED BY THE MEMBER OR PFCU IN CONNECTION WITH OPERATION OF THE SERVICE,
EQUIPMENT, SCANNERS OR SOFTWARE.