IMPORTANT — PLEASE READ CAREFULLY BEFORE CONSENTING
This E-Sign Consent & Disclosure (“Consent”) provides important information required by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) (“E-SIGN Act”). By clicking “I Agree” at the bottom of this page, you are consenting to receive disclosures, notices, agreements, and other communications (“Disclosures”) from Hanscom Federal Credit Union (“HFCU”, “Federal Credit Union,” “we,” “us,” or “our”) in electronic form and to use electronic signatures in connection with your membership, accounts, and services, including but not limited to the Online Access Agreement and Disclosure (“Online Access Agreement”) that will be presented to you along with this Consent.
1. Scope of Consent
Your consent to receive Disclosures electronically applies to, but is not limited to, the following:
2. Your Right to Receive Paper Disclosures
You have the right to receive any Disclosure in paper (non-electronic) form. You may request a paper copy of any Disclosure that we have provided or will provide to you electronically by contacting us at:
Telephone: 800-656-4328
E-mail: info@hfcu.org
Mail: Hanscom Federal Credit Union, 25 Porter Road, Littleton, MA 01460
Secure Message: Via Online Access when signed in
There is no fee for requesting a paper copy of a Disclosure. We will mail the requested paper copy to the address on file for your membership within a reasonable time of receiving your request.
3. Your Right to Withdraw Consent
You may withdraw your consent to receive Disclosures electronically at any time and at no cost to you. You may withdraw your consent by contacting us using any of the methods listed in Section 2 above, or by visiting any Hanscom Federal Credit Union branch location.
Consequences of Withdrawal: If you withdraw your consent, we will send future Disclosures to you in paper form. However, your withdrawal of consent may result in the restriction or termination of your access to the online and mobile banking services, as electronic delivery of Disclosures is a condition of enrollment. Withdrawal of your consent will not affect the legal effectiveness or enforceability of any Disclosure previously provided to you in electronic form.
Your withdrawal of consent will take effect after we have had a reasonable opportunity to act on your request (generally within five (5) business days). You may not withdraw consent with respect to Disclosures that have already been provided to you electronically before the effective date of your withdrawal.
4. Hardware and Software Requirements
To access, view, and retain Disclosures provided to you in electronic form, you must have the following:
For Online Access via Web Browser:
For Mobile Access via Mobile App:
Changes to Hardware/Software Requirements: If we change the hardware or software requirements for accessing electronic Disclosures and such a change creates a material risk that you may not be able to access or retain your Disclosures, we will notify you of the revised requirements and will provide you with a statement of your right to withdraw consent without the imposition of any fee or condition. We will then obtain your reaffirmation of consent before delivering further Disclosures electronically.
5. Method of Providing Electronic Disclosures
Disclosures may be provided to you in electronic form by one or more of the following methods:
When a Disclosure is made available to you electronically, we may also send you a notification via e-mail, secure message, or push notification to alert you that the Disclosure is available.
6. Keeping Your Contact Information Current
It is your responsibility to keep your e-mail address and other contact information current with us. If your e-mail address or other contact information changes, you must promptly update it by:
7. Requesting Paper Copies
You may obtain a paper copy of this Consent and any Disclosure provided to you electronically by printing it yourself or by requesting a paper copy from us using the contact methods listed in Section 2 above. Paper copies will be provided to you at no charge.
8. Electronic Signatures
By consenting to this E-Sign Consent & Disclosure, you also agree that your electronic signature (including clicking “I Agree,” “Accept,” or similar buttons, or otherwise authenticating your identity through the online or mobile banking platform) has the same legal effect as your handwritten signature. You acknowledge that no certification authority or other third-party verification is necessary to validate your electronic signature.
9. Accounts with Multiple Owners or Authorized Persons
Each Account owner may provide an email address for the Account in connection with each owner’s consent to receive electronic Communications. Only one account owner’s authorization is required to enroll
in Electronic Delivery for Communications and to manage preferences for any category of Communications including Account statements.
For purposes of electronic notification for paperless statements and other Communications on a joint or multiple owner Account, you agree that electronic notifications for such Communications delivered to the email address of the Account owner who enrolls in Electronic Delivery for such Communications will constitute delivery to all Account owners, even if all Account owners may not have access to such email address.
If you have designated one or more interested parties to receive paper copies of certain Communications, they will continue to receive copies of such Communications via U.S. mail.
In the case of an Account with multiple authorized persons, in circumstances in which we can only act on the electronic instruction of a single person, including, without limitation, elections for corporate actions, we may, at our sole discretion, act upon the electronic instruction of any authorized person without the consent of the other authorized persons or accountholders. Additionally, in the case of an Account with multiple authorized persons, we may, in our sole discretion, deliver Communications by paper to all accountholders or authorized persons, if not all accountholders or authorized persons have consented to this E-Sign Consent.
10. Duration of Consent
Your consent does not expire and will remain in effect until you withdraw it as described in Section 3 above, or until we notify you of a change to the terms of this Consent. Your consent applies to all current and future Disclosures relating to your membership, accounts, and services at Hanscom Federal Credit Union.
11. What Happens After You Consent
Upon clicking “I Agree” below, you will be directed to the Online Access Agreement and Disclosure, which sets forth the complete terms and conditions governing your use of Hanscom Federal Credit Union’s online and mobile banking services. You will be required to review and accept the Online Access Agreement and Disclosure before your enrollment in the Service is complete. Please read that agreement carefully, as it contains important information regarding your rights and obligations, including disclosures required under the Electronic Fund Transfer Act (Regulation E).
By consenting, you also acknowledge that Hanscom Federal Credit Union may, from time to time, make additional services available through the online and mobile banking platform. Supplemental agreements, disclosures, and terms and conditions governing such new services will be provided to you electronically pursuant to this Consent, and your use of those services will be subject to your acceptance of their respective terms.
12. Additional Provisions for Tax Documents
By consenting to this E-Sign Consent, you affirmatively consent to the delivery of any Tax Documents through Electronic Delivery. Each of the following applies to the Electronic Delivery of Tax Documents:
9. Governing Law
You acknowledge and agree that your consent to this E-Sign Consent is provided in connection with a transaction affecting interstate commerce, that it is subject to the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent permitted by law.
10. Termination/Changes
We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
YOUR ACCEPTANCE AND CONSENT
By clicking “I Agree” or “I Accept” below, you acknowledge that you have read and understand this E-Sign Consent & Disclosure and you consent to the following:
Online Access Agreement and Disclosure
A. Introduction
This Online Access Agreement and Disclosure (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”).
Definitions As used in this Agreement:
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, including the Federal Credit Union Act, the Electronic Fund Transfer Act, the Truth in Savings Act, the Gramm-Leach-Bliley Act, and the rules and regulations of the National Credit Union Administration and the Consumer Financial Protection Bureau. To the extent not preempted by federal law, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles; provided, however, that nothing in this clause shall be construed to deprive any member of the protections afforded by the mandatory consumer protection laws of the state in which the member resides, to the extent such laws cannot be waived by agreement and provide greater protections than those afforded under Massachusetts law.
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.
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.
To use the Service, you must have 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 offer additional services that may be governed by supplemental terms from time to time. Use of those services constitutes acceptance and certain disclosures required by law in connection with those services will be provided as required by law. 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.
2. 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.
3. Security
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 ensure 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 Disclosures: E-SIGN Act
1. E-SIGN Consent Incorporated. During this enrollment in the Services, you were required to review the E-SIGN Consent & Disclosure (the “E-SIGN Consent”). The E-SIGN Consent is incorporated herein by reference and constitutes a binding agreement between you and Hanscom FCU. Pursuant to the E-SIGN Consent, you agreed to receive all Disclosure (as defined therein) in electronic form, including this Agreement and all disclosures required by applicable federal and state law.
2. Scope of Electronic Delivery. The following categories of Disclosures may be delivered to you electronically pursuant to the E-SIGN Consent:
(a) this Agreement and all amendments thereto;
(b) All initial disclosures, change-in-term notices, and error resolution notices required by the Electronic Fund Transfer Act and regulation E (12 CFR Part 1005);
(c) Truth in Savings Disclosures required by NCUA Part 707;
(d) Privacy notice required by the Gramm-Leach-Bliley Act and Regulation P (12 CFR Part 1016);
(e) Periodic account statements and notices related thereto;
(f) Truth in Lending disclosures and notices to the extent your loan products are accessed or serviced through the Services.
(g) Tax documents, including IRS forms 1098, 1099, and similar forms, to the extent permitted by law;
(h) Supplemental terms and conditions for additional services offered through the online or mobile banking platform; and (i) Any other notices, disclosures, agreements, or communication that Hanscom FCU is required or permitted to provide to you in writing under applicable law.
3. Your Rights Under the E-SIGN Act. The E-SIGN Consent sets forth your rights with respect to electronic delivery, including:
(a) Your right to receive a paper copy of any Disclosure at no charge, upon request;
(b) Your right to withdraw your consent to electronic delivery at any time, at no cost, and the consequences of such withdrawal, which may include restriction or termination of your access to the Services.
(c) The minimum hardware and software requirements for accessing and retaining electronic Disclosure.
(d) The methods by which electronic Disclosures will be delivered to you; and
(e) The procedures for updating your e-mail address and other contact information.
Please refer to the E-SIGN Consent for complete terms and conditions governing electronic delivery.
4. Methods of Electronic Delivery. Disclosure may be delivered to you electronically by: (a) posting on the Hanscom FCU website (www. hfcu.org); (b) making them available within Online Access or the Mobile App; (c) sending them to the e-mail address on file for your membership; (d) secure message through Online Access; (e) push notification to your mobile device (for alerts and notifications only); or (f) any other electronic method permitted by applicable law.
5. Duty to Update Contact Information. You agree to notify us immediately of any change in your e-mail address or other contact information using any of the methods described in the E-SIGN Consent or Section P of this Agreement. Failure to maintain a current and valid e-amil address may result in your inability to receive required Disclosures and may impair your ability to use the Services.
6. Paper Copies. You may request a paper copy of this Agreement or any Disclosure that has been provided to you electronically by contacting us at the telephone number, e-mail address, mailing address, or branch locations listed in Section P of this Agreement. Paper copies will be provided at no charge.
D. 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. Payment Center
Hanscom FCU offers additional payment features including Bill Pay and Person-to-Person Payments (P2P) 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 Pay A Person Service enables you to initiate a payment transaction from an eligible Account to an account at a U.S. financial institution using only an email address or mobile phone number.
3. Additional Terms - Card Management
(i.) The Card Management feature is offered by Hanscom FCU for use by Hanscom FCU cardholders. Our card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled Hanscom FCU card(s) via the card management feature. Those activities may include the ability to but not limited to:
(ii.) The card management feature may enable access to Hanscom FCU and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at https://maps.google.com/help/terms_maps/ and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the card management feature allows You to access third party services, Hanscom FCU and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You.
(iii.) You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by Your mobile provider for the transmission and receipt of messages and Alerts.
(iv.) Hanscom FCU reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in Hanscom FCU’s card management feature.
(v.) Availability/Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (“Notification”) is dependent on a number of factors including, without limitation, Your wireless service and coverage within the area in which You are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to Your mobile device in all areas.
(vi.) If You registered to receive Notifications to Your mobile device, the card management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions. Hanscom FCU does not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas.
(vii.) You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.
(viii.) You acknowledge and agree that neither Hanscom FCU nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither Hanscom FCU nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area. Hanscom FCU, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.
4. 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.
5. Mobile Banking Additional Terms
(i) Mobile App License and App Store terms. Hanscom FCU grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Hanscom Federal Credit Union Mobile App (“Mobile App”) on your personal mobile device solely for the purposes of accessing the Services. The Mobile App is made available through the Apple App Store and Google Play (each, an “App Store”). You acknowledge and agree that: (a) this Agreement is between you and Hanscom FCU, not with the App Store provider; (b) the App Store provider has no obligation to furnish maintenance or support services with respect to the Mobile App; (c) in the event the Mobile App fails to conform to any applicable warranty, the App Store provider is not responsible for any refund; (d) the pp Store provider is not responsible for addressing any claims relating to the Mobile App, including product liability claims, consumer protections claims, or intellectual property infringement claims; and (e) the App Store provider is a third-party beneficiary of this section and may enforce it against you. You agree to comply with all applicable App Store terms of service when using the Mobile App.
(ii) Biometric Authentication. The Mobile App may offer the option to authenticate your identify using biometric features of your Device, such as fingerprint recognition (e.g., touch ID), facial recognition (e.g. Face ID), or other biometric techniques support by your Device (“Biometric Authentication”). If you enable Biometric Authentication:
(a) You understand that any person who biometric data (fingerprint, facial image, etc.) is enrolled on your Device will be able to access the Services and conduct transactions on your Accounts. You are solely responsible for managing the biometric profiles stores on your Device.
(b) Hanscom FCU does not store your biometric data. Biometric data is stored locally on Device and is managed by your Device’s operating system. Hanscom FCU uses your Device’s biometric authorization only as a means of verifying that the person accessing the Mobile App is an authorized user of the Device.
(c) You agree that any access to the Services or transactions conducted using Biometric Authentication are authorized by you, and you accept full responsibility for all such access and transactions.
(d) You may disable Biometric Authentication at any time through the Mobile App settings on your Device settings.
(e) Hanscom FCU may discontinue Support for Biometric Authentication at any time, with or without notice.
(iii) Mobile-Specific Data Collection. In addition to the information described in Section J-1, the Mobile App may collect the following mobile-specific information:
(a) Geolocation Data: if you have enabled location services on your Device, the Mobile App may collect precise or approximate geographic location data. Location data may be used for fraud detection. Card Management location-based controls (see Section E.6), and ATM/branch locator features. You may disable location services through your Device’s settings at any time; however, certain features that depend on location data may not function properly.
(b) Push Notifications: The Mobile App may send push notifications to your Device for account alerts, security notifications, marketing communications (if you have opted in), and other Service-related messages. You may manage your push notification preferences through the Mobile App setting or on your Device’s notification settings. Standard data and messages rates from your mobile carrier may apply.
(c) Camera and Photo Access: If you use features such as mobile check deposit (EasyDeposit) or document upload, the Mobile App may request access to your Device’s camera and photo library. This access is used solely for the purpose of capturing check images or documents and is not used for any other purpose.
(d) Device Information: The Mobile App may collect your Device’s make, model, operating system version, unique device identifiers, mobile carrier information, and application version for the purposes of providing technical support, troubleshooting, and ensuring compatibility with the Services.
(iv) Mobile Network and Carrier. The Services accessed through the Mobile App require a mobile data connection or Wi-Fi. You are responsible for all charges imposed by your mobile carrier, including data usage charges, text messaging fees, and any other carrier fees. Hanscom FCU is not responsible for any charges imposed by your mobile carrier in connection with your use of the Mobile App. The availability and performance of the Mobile App are dependent on your mobile carrier’s network and may be subject to the carrier’ s terms, conditions, and policies.
(v) Mobile App Updates. Hanscom FCU may from time to time release updates to the Mobile App. You are responsible for installing updates in a timely manner. Hanscom FCU may, in its sole discretion, cease supporting older versions of the Mobile App and my require you to install the current version in order to continue using the Services through the Mobile App. Continued use of an outdated version of the Mobile App may result in impaired functionality or security vulnerabilities for which Hanscom FCU shall not be liable.
(vi) Mobile-Specific Security. You are responsible for maintaining the physical security of your mobile device. You agree to: (a) use a device lock (PIN, pattern, passcode, or biometric) on your mobile device; (b) not leave your mobile device unattended while signed into the Service; (c) log out of the Mobile App when not in use; and (d) notify Hanscom CU immediately if your mobile device is lost, stolen, or compromised. If your mobile device is lost or stolen, you should also contact your mobile carrier to disable the device.
E. 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.
F. 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.
G. Fees and Charges
There is no fee for the system of 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.
H. 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.
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 to avoid overdrafts.
I. 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 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.
J. 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.
K. 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.
L. 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 inquiry 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.
M. 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.
N. Termination
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.
O. 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; info@hfcu.org
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.
P. 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.
Q. 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