Online Access Agreement and Disclosure
Effective July 31, 2020 (See what changed)
This Online and Mobile Account Access Agreement (this “Agreement”) between you and Hanscom Federal Credit Union is a contract with established rules which govern your electronic access to your membership and accounts at Hanscom Federal Credit Union through Online Access and/or Mobile Access and related services (collectively referred henceforth as the “Service” or “Services”).
As used in this Agreement,
• The words “we,” “our,” “us,” and “Hanscom FCU” mean Hanscom Federal Credit Union.
• The words “you” and “your” refer to the member authorized by Hanscom FCU to access the Service under this Agreement and anyone else authorized or designated via the Service by that member to exercise control over the member’s funds through the Service.
• The words “Account” or “Accounts” mean your membership and accounts at Hanscom FCU.
• The term “Electronic Funds Transfer” means ATM withdrawals, pre-authorized transactions, point of sale transaction, transfers to and from your Hanscom FCU Accounts using the Service.
• The term “Business Days” means Monday through Friday, Federal Reserve holidays excluded.
• The word “Device” means your computer or mobile device and any related equipment from which the Service may be accessed.
The Services enable you to conduct certain transactions with respect to your accounts at Hanscom FCU via the Internet. By using these Services or authorizing others to use them, you accept and agree to be bound by all the terms and conditions of this Agreement as was in effect and/or as amended from time to time. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Hanscom FCU accounts as well as your other agreements with Hanscom FCU such as agreements regarding loans and other products and services, continue to apply notwithstanding anything to the contrary in this Agreement, and to the extent of any conflict between this Agreement and any other agreement with Hanscom FCU relating to specific accounts or products, such other agreement(s) shall supersede and be controlling in all respects unless this Agreement specifically states otherwise. For example; restrictions on the number of transactions you can make related to money market or savings accounts.
This Agreement is subject to applicable federal laws and regulations and the laws of the State of Massachusetts (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect and be construed as most nearly to effectuate the intent of the parties. The headings in this Agreement are for convenience or reference only and will not govern or be considered the interpretation of the provisions. Any waiver (expressed or implied) by Hanscom FCU of any default or breach of this Agreement or any provision hereof must be in writing to be effective and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement or any of your rights or obligations hereunder. This Agreement is binding upon your successors and assigns and Hanscom FCU’S successors and assigns. Termination, cancellation or expiration of this Agreement shall in no way affect any obligations imposed on you by other agreements with us. Furthermore, you shall remain obligated under the Fees and Charges section of this Agreement to pay for services rendered, including the payment of the full monthly fee for the month in which termination, cancellation or expiration of the Agreement occurs.
B. Accessing Your Account
1. System Requirements
In order to use the Service, you need a computer or mobile device with a web browser or native Mobile App.
Minimum System Requirements are as follows:
Online Access through web browser Operating System: Windows 7 or Higher, MAC OS 10.10 or higher
Web Browser: Microsoft Internet Explorer 11. Firefox, Chrome and Safari(MAC Only) current version and two versions prior supported
Additional Hardware: TWAIN-compliant scanner (for EasyDeposit through web browser)
Mobile Access through Mobile App Operating System: iOS 10 or higher, Android 5 or higher
Other operating systems and browsers may allow you to access the Service but not all aspects of the Service may function as intended.
You are responsible for the installation, maintenance, and operation of your Device, browser and the software on your Device including applying security updates to software and the operating system in a timely manner. You are required to install and maintain up-to-date antivirus software on your Device. The installation and maintenance of up-to-date firewall software or hardware is also strongly recommended. Further, we recommend that you configure your Device to automatically lock when not in use to prevent unauthorized access. Hanscom FCU is not responsible for any errors or failures from any malfunction of your Device, the browser or the software installed on your Device. Hanscom Federal Credit Union is also not responsible for any device virus or related problems that may be associated with the use of the system.
2. Protecting Your Password
Your password is confidential, so you should not reveal it to anyone else. If you do disclose your username or password to a third party or allow a third party to use your Device’s authentication feature, you are authorizing that party to make transactions on your accounts. You agree that we may rely on the authority of anyone who provides your password or uses your device’s authentication feature to access a Service (an “Authorized User”). We will not be liable for and will not reimburse you for any losses that may occur as a result of the use of your username and password or your device’s authentication feature by such Authorized Users. You agree to tell us immediately if someone you did not authorize learns your password or is able to use your device’s authentication feature. Except as otherwise provided by law, you will indemnify Hanscom FCU and hold it harmless for any loss or expense caused by any person who accesses your accounts using any password or device authentication feature as described in this Agreement.
Your password and Login ID are intended to provide security against unauthorized entry and access to your accounts. For security purposes, you are required to change your temporary password and Login ID upon your initial login to the Service. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password and Login ID. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.
If you have forgotten your password, before entering it wrong five times, select the “Forgot Password” option and you may choose to receive a “Secure Access Code” at one of the e-mail addresses or phone numbers you have on your membership. Upon five unsuccessful attempts entering your password, your access to the Service will be disabled for 24 hours. To re-establish your authorization to use the Service before the 24 hour period expires, you must contact us to have your access to the Service re-enabled. Passwords must be between 5 and 15 characters in length and must contain at least one number. Also, avoid using passwords that are associated with identification which would readily be associated with you, such as social security number, date of birth, business or product names, names of employees, and addresses. Passwords should be memorized, not written down.
3. Accessing Your Account
To use the Service, you must have a membership at Hanscom FCU, access to Internet service, and an e-mail address. It is your responsibility to provide your own Internet service and e-mail access.
We are entitled to presume that any access to the Service utilizing a valid password has been duly authorized and, without limiting the generality of the foregoing, that you have followed your internal procedures for controlling and managing your internal distribution of your password. We are under no obligation to monitor transactions through the Service to determine whether they were made on your behalf. You can use the Service to check the balance of your accounts, view account histories, transfer funds between your accounts, and perform other services as provided from time to time. Without limiting the generality of the foregoing, Hanscom FCU may, from time to time, make additional feature functionality available utilizing the Service. A list of such features is available from Hanscom FCU. In order to obtain any such features utilizing the Service, Hanscom FCU may require the execution of additional agreements. Such additional features may require the payment of additional fees.
4. Hours of Access
You may access the Service seven days a week, twenty-four hours a day, although some or all Services may not be available occasionally due to emergency or scheduled system maintenance. However, as provided for more fully herein, the fact that you initiate a transaction at a specified time does not mean that it will be processed then. Certain transactions are processed only on business days and at certain times.
You understand and acknowledge the importance and essential nature of your role in preventing misuse of your accounts through the Service and you agree to promptly examine your statement for each of your Hanscom FCU accounts as soon as you receive it and report to us immediately any known or suspected errors, problems, or concerns. You agree to protect the confidentiality of your membership, member number, Login ID and password. You understand and acknowledge that your password and/or information related to your account(s) may allow or facilitate unauthorized access to your account(s).
Data transferred via the Service is encrypted in an effort to provide transmission security, and the Service utilizes identification technology to verify that the sender and receiver of Service transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Service is secure, you acknowledge that the Internet is inherently unsecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service, or e-mail transmitted to and from us, will not be monitored or read by others. Furthermore, it is possible that as technology continues to develop, new ways to decode encrypted messages will become available.
C. Consent to Electronic Delivery of Notices
You agree that any notice or other type of communications, including any other information relating to your membership with us, provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Hansom FCU website (www.hfcu.org) or by secure message. You agree to notify us immediately of any change in your e-mail address.
D. Consent to Delivery of Online Statements (eStatements)
By accepting this Agreement, you are authorizing Hanscom FCU to deliver your monthly or quarterly statements by electronic means according to the terms and conditions below. You may revoke this consent at any time by unregistering on the Online Statements page in Online Access.
1. This agreement applies to all statements and disclosures related to my accounts at Hanscom FCU, including: share accounts, whether delivered monthly or quarterly; credit card statements and loan statements including my home mortgage; meeting notices; and, all disclosures normally required by law in connection with any service you may have or which you may obtain from Hanscom FCU in the future. Not all such disclosures are available electronically from Hanscom FCU. When they do become available electronically, Hanscom FCU will send them to you electronically until you elect to receive them in paper form.
2. On or shortly following your statement cycle date, you will receive an e-mail message that your statement is available, along with instructions on how to pick up your statement.
3. It is your responsibility to ensure that your e-mail address is current and correct. You may change / verify your email address using the Service.
4. If you have more than one Hanscom FCU member number, you need to accept this disclosure and register in each account online.
5. Statement notifications can be sent to only one e-mail address. For example, the notification cannot go to both a work and home e-mail address. Understand that when you agree to receive statements and disclosures electronically, you will not receive such documents in paper form. Your consent to receive electronic statements and disclosures is effective until further notice by Hanscom FCU or revocation by you. You may revoke your consent by cancelling online statements on the eStatements Enrollment page under the Services menu in Online Access. Make this request at 1 business day prior to the next statement or required disclosure cycle to ensure receipt of a paper statement. Please note that unregistering will result in all documents being mailed to you in paper form.
6. You agree to faithfully and promptly review electronic statements to ensure they are accurate and that no unauthorized transactions have taken place. If you discover any errors or unauthorized use, contact Hanscom FCU immediately.
7. Electronic delivery is provided free of charge from Hanscom FCU, however your online service provider may apply a charge. Documents may be provided in either Hypertext Markup Language (HTML) or Portable Document Format (PDF). In order to access PDF documents, you must have Adobe Reader software. This software is available for download at no cost at www.adobe.com. If you do not have the ability to access and retain both PDF and HTML documents, do not consent to electronic delivery. By consenting, you confirm that your personal device is equipped with Adobe Reader.
8. For joint accounts, only the primary member is required to enroll to initiate electronic delivery of documents
E. Online and Mobile Banking Features
1. Account Information
(i) You may view balance information and transaction activity for any of your accessible accounts.
(ii) You may perform self-service activities such as managing statements, placing a stop payment, viewing front and back images of certain checks, changing your password, re-ordering checks and updating your contact information. Transaction information may be downloaded through Online Account Access, but not through Mobile Account Access.
2. Internal Funds Transfers
(i) Funds Transfers within Hanscom FCU – You may use the Services to make same-day, future-dated, or recurring funds transfers in any amount:
(a) from your Hanscom FCU share or share draft account to another Hanscom FCU share or share draft account held in your name;
(b) from your Hanscom FCU share or share draft account to make a payment on your Hanscom FCU loan account, including a line of credit, installment loan, or mortgage loan; and
(c) from your Hanscom FCU line of credit to your Hanscom FCU share or share draft account.
Funds transferred to a Hanscom FCU deposit account will be deemed deposited on the Transaction Date (as defined in Section E.2.(ii) below) and will be available after deposit in accordance with our funds availability policy.
(ii) Making Funds Transfers Effective – When you request a funds transfer, you authorize us to follow the transfer instructions and send the funds from the designated originating account to the designated recipient account. We may process the transfer as early as the day you give the instructions (or the future date for which you have scheduled the transfer). The day we process the transfer is called the “Transaction Date”. We may refuse to act on your funds transfer instruction if there are not sufficient available funds in your originating account, including funds available through any sweep or automatic transfer feature, on the Transaction Date.
(iii) Editing or Canceling Funds Transfers – You may edit or cancel a future-dated funds transfer so long as those options are available through the Services. The options will be available until we begin processing the transfer. Same-day transfers are effective immediately and cannot be edited or cancelled.
(iv) Availability of Funds – If you are relying on the availability of funds that are being transferred into the originating account electronically (such as by direct deposit) to make a funds transfer, please confirm that available funds have been posted to the originating account before making or scheduling the transfer. For future-dated or recurring transactions, we recommend you schedule the funds transfer at least one business day after you expect available funds to be posted to the originating account.
3. Payment Center
Hanscom FCU offers additional payment features include Bill Pay, Person-to-Person Payments (P2P) and External Transfers through the Payment Center. These features are governed by the Terms and Conditions of the Bill Payment Service which are agreed to separately. The functionality of Payment Center features are summarized as follows:
(i) Bill Pay - Generally. If you have an active Hanscom FCU share draft account, you may use Online or Mobile Bill Pay. With Bill Pay you can schedule a bill payment for the same day, a future day, or as a recurring payment to a defined payee. Depending on the payee, payment may be made in the form of an Automated Clearing House (ACH) Debit or as a paper draft.
(ii) Person-to-Person Payments (P2P) - The P2P Service enables you: (1) to initiate a payment transaction from an eligible Account to an account at a U.S. financial institution; and/or (2) to receive a payment transaction from another person into your Account at Hanscom FCU using only an email address or mobile phone number.
(iii) External Transfers – External Transfer enables you: (1) to link your Hanscom FCU account to an unlimited number of accounts elsewhere in the U.S.; and/or (2) to make free online transfers between your Hanscom FCU accounts and your accounts elsewhere in the U.S.
(i) Your share or share draft account statements may be sent electronically or by paper, depending on the Service and your preference. As outlined above in Section D, your enrollment in the Service enrolls you in eStatements. You may choose to amend this enrollment at any time. If you choose to receive eStatements, a paper copy of your account statement will no longer be provided. Once enrolled for eStatements, you will be able to view your enrolled account statement(s) online or through your mobile device. For new deposit accounts, you will be able to view a statement online after the first account statement is produced.
(ii) Joint Accounts - If one of the account owners requests electronic statements for a joint account, the other account owner must also be enrolled in Online Banking Services or Mobile Banking Services to view the account statements.
(iii) Losing Access to Electronic Statements - Electronic statements can only be accessed through the Service. If you plan to terminate the Service, you should print or save copies of your eStatements before doing so; after termination, prior statements will no longer be available and Hanscom FCU will send paper statements for future statement periods.
5. Remote Deposit Capture (EasyDeposit)
(i). General Description of EasyDeposit - Subject to the terms, provisions and conditions of this Agreement, Hanscom FCU shall provide EasyDeposit to you, which allows you to make deposits to your Accounts from your home or office by capturing checks on your Device and delivering the images and information required hereby to Hanscom FCU. The Device must capture an image of the front and back of each Check (as herein defined) to be deposited (each an “Image” and, if more than one, “Images”) in accordance with the Procedures (as herein defined), must read and capture the magnetic ink character recognition (“MICR”) line on each check and must read and capture all such other data and information as is required by this Agreement. After capture of the Images, the MICR line on each check and all other required data and information from each check, you will transmit one or more files containing the Images, the MICR line from each check and all other required data and information from or pertaining to all checks, data and other required information (each such file a “File” and, if more than one, “Files”) to Hanscom FCU via the Internet. Subject to compliance with the terms, provisions and conditions of, and as provided in, this Agreement, Hanscom FCU will provisionally credit the designated Account by you for the amount of the deposit(s) to which the File(s) pertains on the day of receipt of the File(s) and enter the images of the checks into the collection process in accordance with the provisions of Hanscom FCU’s then current Disclosure for Personal Accounts pertaining to the Account into which the deposit is to be made (the “Deposit Agreement”) and this Agreement. You acknowledge and agree that Hanscom FCU may discontinue and/or change the terms of EasyDeposit or any related content, features, products or services associated therewith, at any time without notice or liability to you or any third party.
(ii) Checks Deposited and Security Interest – You hereby agree that you will only capture and deposit a check as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). You agree that the image of the check that is transmitted to Hanscom FCU (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You further agree that you will not remotely deposit any check(s) or other item(s) that: (a) are payable to any person or entity other than you, (b) are prohibited by Hanscom FCU’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, (c) you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (d) have not been previously endorsed by Hanscom FCU and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Hanscom FCU’s prior written consent, (e) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (f) is a Remotely Created Check, as that term is defined in Reg CC, or (g) which are not acceptable to Hanscom FCU for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (g) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If you deposit a Prohibited Check, you agree to indemnify and reimburse Hanscom FCU for, and hold Hanscom FCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Hanscom FCU may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Hanscom FCU’s written consent to do so, you provide Hanscom FCU with an electronic representation of a substitute check for deposit into an Account instead of an original Check, you agree to indemnify and reimburse Hanscom FCU for, and hold Hanscom FCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Hanscom FCU incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.
You grant Hanscom FCU a security interest in all Accounts or other deposits (whether general or special) of yours at Hanscom FCU, and in all funds in such Accounts or other deposits, to secure your obligations to Hanscom FCU under this Agreement. This security interest will survive termination of this Agreement.
You may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Hanscom FCU. You acknowledge and agree that any Settlement Reserve will be deposited in a Hanscom FCU account for exclusive use by the Hanscom FCU for purposes of offsetting any of your obligations under this Agreement. You grant the Hanscom FCU a security interest in any Settlement Reserve to enable the Hanscom FCU to enforce any obligation owed by you under this Agreement without notice or demand to you. Your obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of your obligations under this Agreement have been fully offset.
(iii) Capturing of Checks and Transmission of Files – You shall (a) restrictively endorse each Check to be deposited in the proper location as specified in Exhibit “A” which is attached hereto and incorporated by this reference, (b) capture the front and back of each Check to be deposited and thereby capture the image of the front and back of each Check and capture the MICR encoding on, and any other required data from, each Check and (c) transmit the File containing the images of, the MICR line from and all other required data and information from or pertaining to, such Checks and other information to Hanscom FCU in accordance with the Procedures, a copy of which Procedures have either heretofore been, or are herewith, provided to you by Hanscom FCU, and you acknowledge receipt thereof. Hanscom FCU reserves the right to amend the Procedures, with or without prior notice to you..
To ensure accuracy, you shall balance the dollar amount of each deposit to the sum of the Checks prior to transmitting the File in accordance with the Procedures. You may send multiple Files to Hanscom FCU throughout the day. You shall not make deposits in excess of the following deposit limits (the “Deposit Limit”):
“Per Deposit Limit” - $10,000
“Daily Deposit Limit” - $10,000
“Rolling 30-Day Deposit Limit” - $50,000.00
If the total dollar value of the Files sent by you to Hanscom FCU exceeds the Deposit Limit, Hanscom FCU may, at its option, refuse to accept the File that exceeds the Deposit Limit, or Hanscom FCU may accept and process the File. You agree not to exceed the Deposit Limit. To be eligible for processing on the day transmitted, Files must be received by Hanscom FCU no later than 4:00 P.M. EST on a business day we are open (the “Cut-Off Time”). A File is considered received by Hanscom FCU when a complete copy of such File has been written on a Hanscom FCU electronic storage device in conformity with Hanscom FCU’s technical and operational requirements. To meet the Cut-Off Time, the entire File must be received by Hanscom FCU prior to the Cut-Off Time, and the File must successfully pass the edits for conformity with the technical requirements. For purposes of determining when a File has been delivered and received, Hanscom FCU’s records shall be determinative. A File which is not balanced in accordance with the Procedures or which is received after the Cut-Off Time shall be deemed to have been received on the business day following the business day on which the File is actually received by Hanscom FCU. Hanscom FCU reserves the right to change the number of Files that may be transmitted in a day, the Deposit Limit and the Cut-Off Time. All such changes shall be effective immediately and may be implemented prior to your receipt of notice thereof. You may contact Hanscom FCU at any time to verify the current number of Files that may be transmitted in a day, the Deposit Limit and the Cut-Off Time.
(iv) Maintenance and Destruction of Original Check – You shall mark the original Check “Processed” after the process of scanning the Check in accordance with Section E.5.(iii) of this Agreement. You shall securely store all original Checks for a period of forty-five (45) days after you has received notice from Hanscom FCU that the File containing the images of such Checks has been accepted (such period the “Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only authorized personnel shall have access to original Checks, (b) the information contained on such Checks shall not be disclosed, (c) such Checks will not be duplicated or captured more than one time and (d) such Checks will not be deposited or negotiated in any form. You shall destroy original Checks upon the expiration of the Retention Period applicable to such Checks. You will use commercially reasonable methods of destruction approved by Hanscom FCU to destroy original Checks after expiration of the Retention Period. You hereby indemnify Hanscom FCU for, and hold Hanscom FCU harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the destruction of original Checks by you. You will promptly (but in all events within 5 business days) provide any retained Check (or, if the Check is no longer in existence, a sufficient copy of the front and back of the Check) to Hanscom FCU as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any Check.
(v) Image and MICR Quality - Each File transmitted by you to Hanscom FCU shall contain Images of the front and the back of the Checks captured and remotely deposited by you. Each Image of each Check shall be of such quality that the following information can clearly be read and understood by sight review of such Image:
(a) the amount of the Check;
(b) the payee of the Check;
(c) the signature of the drawer of the Check;
(d) the date of the Check;
(e) the Check number;
(f) the information identifying the drawer and the paying bank that is preprinted on the Check, including the MICR line; and
(g) all 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 indorsements applied to the back of the Check.
Each Image shall also meet all standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve or any other regulatory agency, clearing house or association.
You shall also capture and transmit to Hanscom FCU the full-field MICR encoding on each Check. In accordance with the Procedures, you shall ensure that the following information is captured from the MICR line of each Check:
(aa) the American Bankers Association routing transit number;
(bb) the number of the account on which the Check is drawn;
(cc) when encoded, the amount of the Check; and
(dd) when encoded, the serial number and the process control field of the Check.
(vi) Receipt of File - You agree that you shall be solely liable for, and Hanscom FCU shall not have any liability whatsoever to you for, any File or the Images or other information contained therein that are not received by Hanscom FCU or for any File or the Images or other information contained therein that are intercepted or altered by an unauthorized third party. You agree that Hanscom FCU has no obligation to accept a File and, therefore, may reject any File or the Images or other information contained therein submitted by you. Hanscom FCU has no obligation to notify you of the rejection of a File or the Images or other information contained therein. Hanscom FCU shall have no liability to you for the rejection of a File or the Images or other information contained therein or for the failure to notify you of such rejection. Upon receipt of a File submitted by you, Hanscom FCU may examine such File and the Images and other information contained therein to ensure that you have complied with this Agreement and followed the Procedures. If Hanscom FCU determines that you have not complied with this Agreement or followed the Procedures or if errors exist in the Images or other information contained in the File, Hanscom FCU, in its sole discretion, may either reject the File or elect to correct the error and accept and process the corrected File (a “Corrected File”). As a form of correction, Hanscom FCU may credit your Account for the full amount of the deposit and make any necessary adjustments to the Account to correct the error. Hanscom FCU may, at its option, also perform a risk management analysis of one or more Files submitted by you to detect potentially fraudulent Checks, and, in its sole discretion, Hanscom FCU may reject any such File or the Images or other information contained therein. If after examination of a File and the Images and other information contained therein, Hanscom FCU determines that you have complied with this Agreement and processed and transmitted the File in accordance herewith and with the Procedures, the File is balanced and the Images meet the requirements of Section E.5.(v) of this Agreement, then Hanscom FCU shall accept the File (an “Accepted File”) for deposit to your Account. Upon acceptance of the File, Hanscom FCU shall electronically notify you of receipt and acceptance of the Accepted File for deposit. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for informational purposes only and may not be relied upon. You agree that Hanscom FCU shall have no liability for the content of payment-related information. Notwithstanding the fact that Hanscom FCU has accepted a File for deposit, any credit made to your Account shall be provisional, and you shall remain liable to Hanscom FCU for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, Hanscom FCU.
(vii) Provisional Credit and Availability of Funds - Upon acceptance of the File, Hanscom FCU shall grant your Account Provisional Credit (as herein defined) for the total amount of the Corrected File or the Accepted File, as applicable. As used herein, “Provisional Credit” means that the credit is made to your Account subject to final payment of the Checks and subject to the terms of the Deposit Agreement.
(viii) Contingency Plan - You agree that, in the event you are not able to capture, balance, process, produce or transmit a File to Hanscom FCU, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will transport the originals of all Checks to the closest office of Hanscom FCU and deposit original Checks with Hanscom FCU until such time that the outage, interruption or failure is identified and resolved. The deposit of original Checks at an office of Hanscom FCU shall be governed by the terms and conditions of the Deposit Agreement and not by the terms of this Agreement. Notwithstanding the foregoing, and to the extent applicable, Section E.5.(ix) of this Agreement dealing with warranties shall apply to the deposit of original Checks.
(ix) Warranties - You represent, warrant and covenant the following to Hanscom FCU:
(a) Checks Deposited. You shall only deposit Checks that are authorized by this Agreement, the Procedures and the Deposit Agreement and the Checks do not contain any alterations and you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations.
(b) Assistance. You will provide all reasonable assistance to Hanscom FCU and its subcontractors in providing EasyDeposit as set forth herein.
(c) Endorsements. Each Item bears all applicable endorsements and in a format as directed by Hanscom FCU, including as instructed in Exhibit A.
(d) Image Quality. Each Image transmitted by you to Hanscom FCU contains an accurate representation of the front and the back of each Check and complies with the requirements of this Agreement;
(e) Accuracy of Information. All data and other information submitted by you to Hanscom FCU, including, but not limited, to data contained in the MICR line of each Check is complete and accurate and complies with the requirements of this Agreement;
(f) No Duplicates. You will not: (1) create duplicate Images of the Checks, (2) transmit a duplicate Image or File to Hanscom FCU, or (3) deposit or otherwise negotiate the original of any Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to Hanscom FCU, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Item from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the Item(s);
(g) No Loss. No Subsequent transferees of the Item(s), including but not limited to Hanscom FCU, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check;
(h) Information. All information provided by you to Hanscom FCU is true, complete and accurate and properly reflects your business, financial condition and principal partners, owners or officers. You are not engaged in, or affiliated with, any businesses, products or methods of selling other than those disclosed by you to Hanscom FCU;
(i) Authority and Legality. (1) You are authorized to enter into, and perform your obligations under, this Agreement; (2) this Agreement is valid and enforceable against you in accordance with its terms; and (3) the entry into, and performance of, this Agreement by you will not violate any law, or conflict with any other agreement, to which you are subject; (4) you will only use the Service for lawful purposes and in compliance with all applicable laws, rules, and regulations;
(j) No Litigation. There is no action, suit or proceeding pending or, to your knowledge, threatened which, if decided adversely, would impair you ability to carry on your business substantially as now conducted or which would adversely affect your financial condition or operations.
(k) Transactions. (1) All your Checks and business transactions are, and will be, bona fide; (2) all signatures on Checks are authentic and authorized; (3) you are a person authorized to collect each item transmitted or are authorized to obtain payment of each item transmitted on behalf of a person entitled to collect such transmitted item; (4) any item transmitted has not been altered; (5) you will not deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid;
(l) Rule Compliance. You conduct its business, and submit Checks and Files in compliance with this Agreement, the Procedures, applicable law and the Rules.
(m) Computer Virus. No Files or Checks contain any computer viruses or other harmful, intrusive or invasive codes.
(n) Indemnity. You agree to indemnify Hanscom FCU for, and hold Hanscom FCU harmless from and against, any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement with between you and Hanscom FCU, including, but not limited to, the Deposit Agreement, and the terms of this paragraph shall survive the termination of this Agreement.
(x) Returned Checks - If Images of Checks deposited by you are dishonored or otherwise returned unpaid by the drawee bank, or are returned by a clearing agent for any reason, including, but not limited, to issues relating to the quality of the Image, you understand and agrees that, since you either maintain the original Check or have destroyed the original Check in accordance with Section E.5.(iv) of this Agreement, the original Check will not be returned, and Hanscom FCU may charge back an Image of the Check to your Account. You understand and agree that the Image may be in the form of an electronic or paper reproduction of the original Check or a substitute check. Unless otherwise instructed by Hanscom FCU, you agree not to deposit the original Check if an Image or other debit as previously described is charged back to you.
(xi) Confirmation: Account Reconciliation - Hanscom FCU will provide notice of receipt of deposits to your Account on the periodic statement for such Account. You are responsible for detecting and reporting to Hanscom FCU any discrepancy between your records and the records Hanscom FCU provides to you. If you do not detect and notify us of such a discrepancy within 60 days of your receipt of any terminal printout, mailed report or periodic statement (each a “Report”), whichever is received first, then such transactions shall be considered correct, and you shall be precluded from asserting such error or discrepancy against Hanscom FCU.
6. New Services
New online and mobile banking services may be introduced periodically. By using these services as they become available, you agree to be bound by the rules that will be made available to you concerning these services.
F. Data Recording
When you access the system to conduct transactions, the information you enter may be recorded. By using the system, you consent to such recording.
G. No Signature Required
When using the system to conduct transactions, you agree that the Credit Union may debit your account to complete the transactions, or honor debits you have not signed.
H. Fees and Charges
There is no fee for the system Services as outlined in this Agreement. Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Disclosure for Personal Accounts and Loan Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the system.
I. Posting of Transfers
Your ability to transfer funds between certain accounts is limited by federal law and the Disclosure for Personal Accounts. You should refer to the Disclosure for Personal Accounts for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Services are counted against the permissible number of transfers described in the Disclosure for Personal Accounts.
There may be at least a one-business-day delay in transferring funds between your accounts. Except as provided in this Agreement, all transaction instructions received by 4:30 p.m. Eastern Time will be completed that business day. Any instruction received after 4:30 p.m. Eastern Time will be completed the next business day.
The Service identifies transfers based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the Postings screen in the Transfer option of the system will not reflect transfers made by multiple users from the same account if different Login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order avoid overdrafts.
J. Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or transfers you made:
1. For certain disclosures necessary to complete the transfer;
2. For verification of the condition and existence and of your account for a third party, such as a credit bureau or merchant;
3. To persons authorized by law in the course of their official duties;
4. To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties:
5. Pursuant to a court order or lawful subpoena; or
6. By your written authorization which shall automatically expire after 30 days.
If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within three (3) business days after we have discovered that an unauthorized disclosure has occurred.
K. Periodic Statements
You will not receive a separate statement. Transfers to and from your accounts using the Services and related charges will appear on the respective periodic paper or electronic statements for your Hanscom FCU accounts.
L. Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the system Web Site or forward it to you by secure message, e-mail or by postal mail. Your continued use of any or all of the Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Our Liability for Failure to Make a Transfer - 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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
1. If, through no fault of ours, the available balance in your account is insufficient to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement setup to cover overdrafts.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunication device, or any part of the Service is not working properly and you know about the problem when you started the transfer.
7. If you have not properly followed the on-screen instructions for using the Service.
8. If circumstances beyond our control (such as, but not limited to fire, flood, interruption in telephone service or other communication lines) prevent the transfer. In any event, our liability to you will be limited to the lesser of the amount of the transfer requested or your actual damages. In no event will we be liable for any special, exemplary, consequential, or punitive damages, even if we have been advised that they may be incurred.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or compromised in any manner, or if someone has transferred or may transfer money from your accounts without your permission.
An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). Also, if your statement shows transfers that you did not make, contact us immediately.
M. Errors and Questions about Electronic Transfers
Contact us 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. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Your inquiry must include:
1. Your name and member number,
2. A description of the error or the transfer you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information,
3. The dollar amount of the suspected error and, if possible, the date it first appeared on your statement.
If you notify us verbally, we will require that you send us your question or complaint in writing within ten (10) calendar days. We will inform you of the results of our investigation within 10 business days (or 20 business days for certain foreign-initiated transactions) from the date you notified us. If we decide to use more time to investigate, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, within five (5) calendar days following the date you notified us, we will provisionally credit your account for the amount you think is in error so that you may have the use of the money during the time it takes us to complete the investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days following your verbal notification, we may not provisionally credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation and we must make these available to you for your inspection.
To assist our investigation efforts, we request that your inquire also include a telephone number where you can be reached during our business hours in case we need further information and include your signature on written communications.
N. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF HANSCOM FCU AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH THE SERVICES.
1. Your Right to Terminate – You may cancel the Services at any time by providing us with written notice by postal mail or secure message. Your access to the Services will be suspended within 1 business day of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. All transfers and other transactions which have already been initiated will be concluded in accordance with this Agreement. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the Service.
2. Our Right to Terminate – You agree that we can terminate or limit your access to the Services for any of the following reasons without prior notice:
(i) If you have insufficient funds in any one of your Hanscom FCU accounts (Service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits); and (ii) Upon reasonable notice, for any other reason at our sole discretion, including if you are no longer a member in good standing with Hanscom FCU.
P. Communications between Hanscom FCU and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
1. Secure message when you are signed into the Service.
2. E-mail – You can contact us by e-mail at; email@example.com
3. Telephone – You can contact us by telephone at: 800-656-4328
4. Mail – You can write us at:
Hanscom Federal Credit Union
25 Porter Road
Littleton, MA 01460
As provided for herein, we may require written confirmation of telephone or e-mail communications but our failure to require such written communication shall in no way serve to limit our right to rely on telephonic or e-mail communications.
Q. No Waiver
Hanscom Federal Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Hanscom Federal Credit Union. No delay or omission on the part of Hanscom Federal Credit Union in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
R. Federal Disclosure
You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND HANSCOM FCU WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THERE ARE NO UNDERSTANDINGS OR AGREEMENTS RELATIVE HERETO WHICH ARE NOT FULLY EXPRESSED HEREIN
Exhibit A – Hanscom FCU Easy Deposit Indorsement Requirements
The back of each item must include the following:
• The words “For mobile deposit only at Hansom FCU”
• The Membership Number and Account Number to which the item is being deposited.
• Payee’s indorsement
• After completing the deposit, write the word “Processed” on the front of the check