Legal Disclaimer - Important - Please Read
The following agreement and disclosures apply to anyone who accesses Dixies
Federal Credit Union’s website. If you access any page of our website, you agree
to be bound by these terms, whether you are a member of Dixies Federal Credit
Union or not.
All information contained in this website is believed to be accurate and
reliable as of the date and time posted. All information is subject to change at
any time without notice. Because of human or computer error, we are not liable
for errors or omissions in the information provided on this site. We are not
liable for any losses or damages in connection with your use of our website.
This includes, but is not limited to, direct, indirect, punitive, consequential
or incidental. The material provided on this site is “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, OR NON-INFINGEMENT.
Some Jurisdictions do not allow the exclusion of implied warranties, so the
above may not apply to you.
Third Party Links
Third-party links to other sites are provided for your convenience and
additional information. Third-party sites are not within our control and may not
follow the security, privacy, or accessibility standards as we do. We are not
responsible or liable for the content of third-party sites, their advertisers,
or partners. We encourage you to review the Privacy Policy and other disclosures
of all third parties before using their sites or providing any information.
There are no implied or expressed warranties on information, merchantability,
fitness for a particular purpose, accuracy, of protection from computer viruses
on our site or any third-party sites.
Copyright Protection
All information and content of this website are protected by copyright and
trademark law. Copying or distributing any information from this website are
prohibited with our express written consent.
ELECTRONIC FUNDS TRANSFERS AGREEMENT AND DISCLOSURES
1. Purpose Of This Agreement. This Agreement defines your and the Credit Union's
rights and responsibilities with respect to transactions. You understand that
all agreements and rules and regulations applicable to your accounts and
accounts services, as set forth in your Membership Agreement and otherwise,
remain in effect and apply to this Agreement, except as specifically modified
herein. You agree to abide by this Agreement, and all rules, regulations and
instructions of the Credit Union and the networks relating to the use of any
Card and/or Access Device, as amended, modified or revoked. The Credit Union may
not offer all services discussed in this Agreement at this time.
a. Definitions: The words "you" or "your(s)" mean everyone that signs any
Account Card or is authorized to make Transactions regarding your account(s) as
provided herein or by governing law, including any account service(s). "We,”
"us,” or "our" means the Credit Union. “Access Device” means any card,
electronic access device and/or any codes, passwords or personal identification
numbers (PIN) that we issue to allow you to access and/or use any account or
other services.
“Transaction or transactions” means any deposit, order, transfer, payment,
withdrawal or other instruction relating to any account or account service
provided by the Credit Union.
“Authorized User” means any person who has actual, implied or apparent
authority, or who any owner has given any information, access device or
documentation that enables such a person to access, withdraw, make transactions
to or from your accounts, or to use any of your account services. If you
authorize anyone to use your access devices, that authority shall continue until
you specifically revoke such authority by notifying the Credit Union. If you
fail to maintain the security of these access codes and the Credit Union suffers
a loss, we may terminate your ATM and account services immediately.
This definition is intended to be construed broadly and includes without
limitation all users acting under a written document such as a power of attorney
as well as any person or entity that is authorized to make deposits or debits to
or from your accounts with us.
b. Warranty Regarding Proper Use of Services. You warrant and agree that you
will not use any Credit Union Accounts or Services, including but not limited to
loans, to make or facilitate any illegal transaction(s) as determined by
applicable law; and that any such use, including any such authorized use, will
constitute an event of default under this Agreement. The Credit Union may
decline to accept, process or pay any transaction that we believe to be illegal
or unenforceable (regarding your obligation to pay us) under applicable law,
including but not limited to any transaction involving or relating to any
gambling activity. You agree that the Credit Union will not have any liability,
responsibility or culpability whatsoever for any such use by you or and
authorized user(s); or for declining to accept, process, or pay any such
transaction. You further agree to indemnify and hold the Credit Union harmless
from any suits, liability, damages or adverse action of any kind that results
directly or indirectly from such illegal use.
c. Transaction Limitations and the Credit Union's Business Days. All
Transactions after our "daily cut-off time" and made on days that are not our
business days as set forth in the Contact tab of the website, will be treated,
transmitted, recorded, etc., as applicable and appropriate as if received on the
next business day that we are open. Deposits, orders, instructions, requests,
etc., received by mail, electronically, at an unstaffed facility, or outside
depository will be processed and credited only when actually received by us, and
we shall have no responsibility until we actually receive the item.
2. Types Of Electronic Funds Transactions. The Electronic Funds Transactions we
are, or may be capable of handling in the future, are indicated below. Some of
these services may not apply to your account(s) and/or some of these services
may not be available at all terminals.
a. Automatic Teller Machines (ATMs). The Credit Union will issue to you an ATM
card and Personal Identification Number ("PIN") to be used to make transactions.
You can use your ATM card at the Credit Union's ATMs to:
(1) Withdraw cash from the account(s) designated in your Membership Application
("Application").
(2) Check the balances in the account(s) designated in your Application (this is
called an "inquiry");
(3) Transfer funds between the account(s) designated in your Application
b. Debit/Point of Sale Transactions. If we approve your Application for an
ATM/Debit Card (VISA Check Card), you may use your Card to purchase goods and
services at point of sale (POS) terminals designated by the Credit Union and
anywhere participating merchants honor your Card. Card purchases will be covered
by funds deducted from your primary share draft account. (1) At any POS or other
electronic terminal, you may pay for goods and services (or make certain other
transfers if the merchant is a financial institution) up to the available
balance in your designated checking account and any available credit under your
applicable overdraft line-of-credit, and cause that account to be debited for
the amount of those purchases. Your available balance in that account will be
reduced by the amount of any transaction as soon as the merchant has received
authorization from us, even if the documentation evidencing the transaction has
not yet been received and processed by us. A merchant is not required to receive
prior authorization from us on every transaction. When the documentation has
cleared through us, any hold placed on your account for the amount of the
purchase or other transactions will be released and your account debited for
that amount. NOTE: Cards designated as ATM only may not be used at POS or other
non-ATM terminals. (2) If your Account balance is insufficient to cover Card
purchases, the Credit Union may treat these purchases as overdraft requests
under your overdraft protection plan, or the Credit Union may terminate all
services under this Agreement.
c. Preauthorized Transfer Services. You can authorize the following transactions
without the use of your ATM card: (1) Payments: You can make payments on your
loans with the Credit Union directly from your primary share or primary checking
accounts; (2) Within Credit Union Transfers: You can arrange to transfer funds
between your primary share and primary checking accounts. By separate
application, you can arrange to transfer funds from your accounts to the
account(s) of other members; (3) Direct Deposits and Payments: You can authorize
persons or companies to make direct deposits or withdrawals to or from your
share or checking accounts for payroll, pension, social security and other types
of deposits or payments. You may give other persons or companies written or oral
permission to transfer payments from your Credit Union accounts through “ACH” or
other electronic means. Such agreements or arrangements are solely between you
and the other person or company. The Credit Union shall have no responsibility
or liability to you for any such transactions. Thus, you should exercise caution
in providing such authority and/or information to access your accounts to
others. The authority or information you give to others hereunder applies to all
“ACH” or other electronic transactions, whether evidenced by any type or writing
or converted to a written instrument by the other person (and/or their agents).
All such transactions are deemed to be authorized by you. (Note: ACH or
electronic withdrawals by outside institutions or business are NOT allowed on
share accounts at DFCU.)
d. Telephone Transactions. If we approve Teller 24 (audio response) access
service for your accounts, you may access your accounts through Teller 24(audio
response) with an access code that we will issue. You must use your Access
Device and account number to access your accounts. You may use Teller 24 service
to:
1) Change your access code.
2) Obtain account information related to any of your savings and loan accounts
regarding current balance, checking history, savings dividends and rates, loan
interest and payoff amounts, payroll and automatic deductions.
3) Make transfers to or from your Prime Share, Deposit, Transaction, Money
Manager Checking, Money Manager Savings or such accounts you have authorized in
writing prior to such transfer request.
4) Request advances on your personal or home equity line of credit loans,
deposit the proceeds in any of your accounts or have the proceeds mailed
directly to you at the mailing address listed for your account.
5) Withdraw funds from savings, checking and line of credit accounts by check
made payable to you and mailed to you at your mailing address.
6) Make loan payments from any savings or checking account to any loan account
of yours (except mortgage loans).
Telephone services are provided by our Member Service staff during business
hours. Verification of account ownership will be requested before account
information is released. To ensure courteous and efficient service, supervisory
personnel in our Member Service Department may monitor calls randomly.
e. Electronic check conversion -types of transfers - Your check can result in an
electronic funds transfer. This can happen in several ways. For example:
1. You can purchase goods or pay for services and authorize a merchant or
service provider to convert your check into an electronic funds transfer.
2. At the time you offer a check to a merchant or service provider, you may be
asked to authorize the merchant or service provider to electronically collect a
charge in the event that the check is returned for insufficient funds. Paying
such a fee electronically is an electronic funds transfer.
3. Your authorization to make these types of electronic funds transfers may be
expressed in writing or implied through the posting of a sign.
4. This can also happen when you provide information from your check or an
account to another by telephone, Internet or otherwise, who then converts the
information given to an electronic transaction, ACH or otherwise.
5. You agree that any such transaction is subject to all applicable terms and
conditions set forth in this Electronic Transfers Section of your Membership
Agreement.
f. NetBranch Online Banking (Internet Network Connection). If we approve the
NetBranch Online Banking Service, you may access your accounts through a
personal computer (PC) under the NetBranch Online Banking Service with a four
(4) digit Access Device. You must use your access code along with your account
number to access your accounts. You may use NetBranch Online Banking Service to:
Change your access code.
Obtain account information related to any of your savings and loan accounts
regarding current balance, checking history, savings dividends and rates, loan
interest and payoff amounts, payroll and automatic deductions.
Make transfers to or from your Prime Share, Share Draft, Club Accounts or such
accounts you have authorized in writing prior to such transfer request.
Request advances on your personal Line of Credit, if Overdraft is attached,
and deposit the proceeds in any of your accounts or have the proceeds mailed
directly to you at the mailing address listed for your account.
Withdraw funds from savings, checking and line of credit accounts by check made
payable to you and mailed to you at your mailing address.
Make loan payments from any savings or checking account to any loan account of
yours.
General Rules For Using Your Access Devices. You acknowledge and agree to the
following:
a. Your Access Devices are for personal use only. You agree not to allow another
person to use your Access Devices.
b. You agree not to reveal your PIN/Password(s) to another person and WILL NOT
write your PIN/Password(s) on any Access Device. You are responsible for all
Transactions made by you or anyone else who uses your Access Devices with your
knowledge and consent. You are also responsible for unauthorized use of your
Access Devices to the full extent allowed by applicable law. In addition, any
person other than yourself who uses your Access Devices is responsible for all
Transactions they make and for all Transactions made by others with their
permission. This does not limit your own responsibility. You agree to be
responsible to maintain your Access Devices with maximum security.
c. You authorize the Credit Union to debit/credit your accounts for all
Transactions as if each Transaction were signed by you. Further, you agree that
by acceptance or use of your Access Devices the Credit Union is authorized to
pay from any account necessary to satisfy any Transaction, fee or service charge
that results from the use or misuse of your Access Devices.
d. You acknowledge that your Access Devices remains the Credit Union's property
and agree to surrender your Access Devices to the Credit Union or its agent upon
demand or through retrieval by any other method.
e. You agree to use caution when using any ATM or other electronic terminal or
device to complete any Transaction contemplated by this Agreement. You further
agree that the Credit Union shall have no responsibility to you or any user, or
be liable for any personal injury or property damage, which may occur as a
result of any act before, during or after a Transaction or other visit to any
ATM or other electronic terminal location. You or any user assumes the risk of
nighttime use of any ATM or other electronic terminal location or other
electronic banking device.
f. An Access Device may be issued to any member or joint owner of legal age when
qualified under the rules, regulations, and by-laws of the Credit Union. Only
one Access Device may be issued to each member or joint owner.
g. If your Access Device is lost or stolen, you agree to notify the Credit Union
immediately upon discovery of such loss or theft. Replacement of an Access
Device may be issued by us at the cost set forth in the Schedule. You agree to
pay the Credit Union the fee in effect at the time for all copies that you
request from us.
h. The Credit Union shall not be responsible for the use or condition of any ATM
or other electronic banking terminal or device it does not own. Further, the
Credit Union will not be responsible for any failure of an ATM or other
electronic banking terminal or device to function except as specifically
provided for by law.
i. The Credit Union reserves the right to add or delete ATM or other electronic
terminal location or other electronic banking devices as it deems necessary.
j. You agree to hold the Credit Union harmless in its pursuit to locate,
apprehend, and prosecute unauthorized use of any Access Device issued by the
Credit Union, and you agree to assist the Credit Union in these efforts.
k. The Credit Union reserves the right to make any changes in the daily
withdrawal limits it deems necessary.
l. The Credit Union is not liable for any claims you may have against a
merchant, company or other financial institution arising from use of your Access
Device.
m. The Credit Union cannot stop payment on any point-of-sale Transaction.
n. If you incur a charge in foreign currency, the charge will be converted by
VISA® International into a United States dollar amount, using the procedures and
the operating regulations in effect at the time the Transaction is processed.
Those procedures currently provide for either a wholesale market rate or the
government-mandated rate in effect one day prior to the processing date,
increased by 1%. Because of the fluctuations in foreign currency exchange rates,
the conversion rate in effect on the processing date may differ from the rate in
effect on the transaction date or the posting date.
o. You agree that by acceptance or use of an Access Device, or other Electronic
Funds Transfer Services the Credit Union is authorized to pay from any account
you have, jointly or otherwise, with the Credit Union any amount necessary to
satisfy any transaction, fee or service charge that results from your use or
misuse of such services.
p. You will not obtain any Access Device(s) to make transactions on your
accounts with us that is not issued or approved by us.
q. Merchants and others who honor the Check Card or related Access Device(s) may
give credit for returns and adjustments, and they will do so by initiating a
credit with us, and we will credit that amount to your account.
r. You understand that you must keep your share and share draft checking account
open in order for your Check Card POS services to remain valid. You agree to
return all Cards if you close your account(s), or upon our request.
5. Making ATM Transactions.Your PIN will allow you to identify yourself when
making an ATM transaction. The presentation of your ATM card together with the
input of your PIN constitutes your authorization to the Credit Union to make
transactions. You agree to follow all instructions for use of ATMs accessible by
your ATM card. Difficulties or complaints concerning the use or condition of any
ATM should be reported directly to the Credit Union. Security or safety measures
should be reported directly to the owner of any ATM not owned by the Credit
Union.
NOTE: The Credit Union does accept deposits at our ATM facility. Deposits are
not accepted for other institutions. Other institutions will not accept deposits
at their ATMs for our members.
6. Termination and Amendment. The Credit Union reserves the right at any time to
terminate your right to make Transactions and to retrieve or ask for the
immediate return of any Access Device it deems necessary without prior notice to
you. If notification is required by law, notice will be mailed to you at the
address shown on the Credit Union's share account records. It is the obligation
of each member to provide new addresses to the Credit Union.
7. Access Device Revocation. Any Access Device issued by the Credit Union may be
revoked without notice to you in the event that any of the following conditions
occur:
a. Overdrafts occur as a result of insufficient or uncollected funds on an
account.
b. Any transaction that occurs on your account(s) which results in a monetary
loss to the Credit Union.
c. Loan, VISA® or other delinquency with the Credit Union.
d. Forced closure of a share or share draft account at the Credit Union due to
misuse.
e. Special balance requirements, if any, are not maintained by the member.
f. Any other situation in which the Credit Union deems revocation to be in its
best interest.
8. Transaction Fees. You are allowed unlimited transactions at any ATM owned by
the Credit Union or the following Networks: Cirrus
You will be charged a fee for certain transactions as follows:
a.ATM Fees.
o PIN reminder fee of $3.00 per occurrence.
o Replacement card fee of $5.00 per card.
o ATM Overdraft fee of $25.00.
If you submit an oral, written or e-mail stop payment request for a
preauthorized payment, we will charge you a $15.00 fee for each such stop
payment order. If you cancel or change any pending Online Bill Payment by
completing the appropriate fields from the Online Bill Pay menu, there will be
no charge.
The Schedule may be amended from time to time.
The Credit Union reserves the right to establish and maintain transaction fees
and charges, which may be modified from time to time.
Note: Owners of non-Credit Union ATMs may charge fees in addition to any fees
disclosed in the Schedule. These fees are generally called a “surcharge.” This
is not a fee charged by your Credit Union; however, any such fee will be paid
from your account(s).
9. Service Limitations, Limitation or Frequency and Dollar Amounts of
Transactions. Transfer Limitations
a. Limitations Applicable to All Savings and Money Market Accounts. For share
savings and money market accounts, if applicable, you may make up to six (6)
preauthorized, automatic, telephonic, or audio response transfers to another
account of yours or to a third party during any statement period. Of these six
(6), you may make no more than three (3) transfers to a third party by check,
draft, or debit card. A preauthorized transfer includes any arrangement with the
Credit Union to pay a third party from the member's account upon oral or written
orders including orders received through the Automated Clearing House (ACH).
There is no limit on the number of transactions you may make in the following
manner: (1) transfers to any loan account with the Credit Union; (2) transfers
to another Credit Union account or withdrawals (checks mailed directly to you)
when such transfer or withdrawal is initiated in person, by mail, or at an ATM.
If a transfer request would exceed the transfer limitations set forth above in
any statement period, the Credit Union may refuse or reverse the transfer, and
your account will be subject to suspension or closure by the Credit Union, and
the Credit Union may impose a charge.
Further, we may reduce the limit for "point-of-sale" transactions during any
interruption in the electronic connection between the Credit Union and the
retail outlet. Further, we may at any time limit or reduce the number or dollar
amount of transactions when we, in our sole discretion, deem it in the best
interest of the Credit Union.
b. Card Acceptance. We do not promise everyone will honor your Card, and we have
no obligation to you if anyone refuses to accept your Card. We are not liable if
any merchant, bank, financial institution or other party refuses to honor your
Card, or otherwise fails to provide any services made available to you by Credit
Union.
c. POS/Debit/VISA Check Card Purchases and ATM Transactions. Card Limits: Card
1: Limit for ATM withdrawals, PINned POS transactions, signature POS
transactions (and total daily limits) is $505.00 online and $105.00 offline.
Card 2: Limit for ATM withdrawals and PINned POS transactions is $505.00 and for
signature POS transactions is $1500.00 per day online. Limit for ATM withdrawals
and PINned POS transactions is $105.00 and for signature POS transactions of
$105.00 per day offline. There is no limit to the number of cash withdrawals you
may make in any one day from an ATM machine. You may withdraw up to $505.00 per
day if there are sufficient funds in your account. You may purchase up to
$1500.00 from POS terminals per day, if there are sufficient funds in your
account. You may transfer up to the available balance in your accounts at the
time of the transfer. The Credit Union reserves the right to refuse any
transaction if you do not have an approved overdraft protection agreement with
us as discussed previously herein, which would draw upon insufficient funds or
require us to increase our required reserve on the account. The Credit Union may
set other limits on the amount of any transaction, and you will be notified of
those limits. Deposits: Because of the servicing schedule and processing time
required in ATM operations, there is a delay between the time a deposit (either
check or cash) is made and when it will be available for withdrawal You should
review the Credit Union’s Funds Availability Policy to determine the
availability of funds deposited at ATMs.
e. Teller 24 (Audio Response Unit). Your accounts can be accessed under audio
response via a touch-tone telephone only. Not all push-button telephones are
touch-tone. Converters may be purchased for pulse and rotary dial telephones.
Audio response service will be available for your convenience seven (7) days per
week. This service may be interrupted for a short time each day for data
processing. There is a limit of 99 inquiries, transfers, or withdrawal requests
you may make in any one day, and there are certain limitations on transfers from
savings accounts, as explained above.
No transfer or withdrawal may exceed the available funds in your account. The
Credit Union reserves the right to refuse any transaction which would draw upon
insufficient funds, exceed a credit limit, lower an account below a required
balance, or otherwise require us to increase our required reserve on the
account. All checks are payable to the first named owner of the account, record
owner, trustee, custodian, or as otherwise indicated on your account card with
us and will be mailed to your address of record. The Credit Union may set other
limits on the amount of any transaction, and you will be notified of those
limits. The Credit Union may refuse to honor any transaction for which you do
not have sufficient available verified funds. There is a limit of 99
transactions during a single telephone call (and per day), however there are
certain limitations on transfers from savings accounts, as explained herein. The
system will discontinue if no transaction is entered. If you wish to make any
further transactions, you will have to call back. The system will also
discontinue after three (3) unsuccessful attempts to enter a transaction.
f. NetBranch OnLine Banking (Internet Network Connection). You may make
NetBranch transactions at any time seven (7) days per week. There may be some
down time. You may make fund transfers to your accounts or other accounts you
authorize as often as you like, however, there are certain limitations on
transfers from savings accounts, as discussed herein above. You may transfer up
to the balance in your accounts at the time of the transfer, except as limited
under other agreements. The Credit Union reserves the right to refuse any
transaction that would draw upon insufficient funds, lower an account below a
required balance, or otherwise require us to increase our required reserve on
the account. In addition, our Funds Availability Policy may limit the
availability of funds transferred by NetBranch. Account balance and transaction
history information may not show all account activity involving your accounts.
You may not obtain account information related to accounts other than your
accounts to which you have requested a transfer.
g. Bill Payment Service. The Credit Union will process bill payment transfer
requests only to those creditors the Credit Union has designated in the User
Instructions and such creditors as you authorize and for whom the Credit Union
has the proper vendor code number. The Credit Union will not process any bill
payment transfer if the required transaction information is incomplete. The
Credit Union will withdraw the designated funds from your account for bill
payment transfer by midnight on the date you schedule for payment. The Credit
Union will process your bill payment transfer within one (1) business day on the
date you schedule for payment. You must allow sufficient time for vendors to
process your payment after they receive a transfer from the Credit Union. Please
allow at least a seven (7) day lead-time prior to your due date. The Credit
Union cannot guarantee the time that any payment will be credited to your
account by the vendor and will not be liable for any service fee, late charge,
or finance charge. You agree to follow the requirements of the Bill Payment
Service User Instructions, which are incorporated herein by reference.
10. Data Security for NetBranch Online Banking. NetBranch is accessible only
over the Internet. To prevent unauthorized access to member account data, the
Credit Union employs the Secure Sockets Layer (SSL) protocol. This prevents
other computers from eavesdropping by encrypting all data transmitted between
the NetBranch server and the client. Members that live in the United States can
use browsers that support 128 bit keys. Cracking a 128-bit key would involve
trying all 2 to the 128th power combinations. Members that live abroad are
currently restricted by the US Government to using browsers that support 40 bit
keys. Cracking a 40-bit key would involve trying all 2 to the 40th power
combinations, which are over one trillion combinations. A 40-bit key is less
secure than a 128-bit key, but does provide an adequate level of security for
member financial services.
The Secure Sockets Layer protocol validates the identity of the NetBranch server
through the use of a digital certificate. After connecting to the NetBranch
server in secure mode, our site sends a signed digital certificate, which
contains the name of our Web server, its public encryption key, the
certificate's validity dates, the name of the certification authority that
issued the digital certificate to our site, and an unforgeable digital
signature. The digital certificate authenticates to the client that a connection
has indeed been established with the NetBranch server.
The Secure Sockets Layer ensures that the data transmitted between the client
and the NetBranch server has not been tampered with through the use of Message
Authentication Codes (MACs). This provides a quick way for the receiving end to
verify that the data was not changed in route.
11. Canceling a Bill Payment Transaction and Your Stop Payment Rights.
Online Bill Payment Transactions:
You may cancel or change a scheduled Online Bill Payment by selecting and
accurately completing the appropriate fields from the Online Bill Pay menu. Any
instruction to cancel or change an Online Bill Payment must be made by the
Cut-Off Hour on the business day the transaction is to be processed. If you do
not accurately complete the appropriate instructions prior to that time, we may
process the transaction.
After this date it is not possible to stop or cancel a payment. To delete
merchants from the Service you must Right Click on the merchant inside of
BillPay.
If we fail to cancel or stop any Online Bill Payment, the payment will stand
unless you show us that payment to the payee was unenforceable. If we recredit
your account after transferring funds over a valid and timely cancellation
request, you agree to sign a statement describing the dispute with the payee, to
transfer to us all of your rights against the payee, and to assist us in any
legal action taken against that person.
Preauthorized Transactions:
If you have arranged in advance to make regular electronic fund transfers out of
your account(s) for money you owe others, you may stop payment of preauthorized
transfers from your account. You must notify the Credit Union orally or in
writing in time for us to receive your request three (3) business days or more
before the scheduled date of the transfer. The Credit Union may require written
confirmation of the stop payment order to be made within fourteen (14) days of
any oral notification. If we do require the written confirmation, the oral stop
payment order shall cease to be binding fourteen (14) days after it has been
made. This means that the preauthorized payment and future preauthorized
payments to the payee you identify may be paid by us from your account(s) after
the 14th day.
If you order us to stop a preauthorized transfer three business days or more
before the transfer is scheduled, and the stop payment order is made according
to the terms and conditions of the account and this Agreement, including the
requirement that you give us the exact amount of the debit, the next date of the
debit and the exact name of the payee, and we do not do so, we will be liable
for your losses or damages proximately caused by our failure.
Other Transactions:
Other transactions hereunder are considered contemporaneous. Therefore, You have
no right and we have no obligation to stop or to attempt to stop any other
transactions.
12. Right to Documentation.
a. Terminal Transactions. You can get a receipt at the time you make any
transfer to or from your account using any automatic teller machine or a
point-of-sale terminal.
b. Direct Deposits. If you have arranged to have direct deposits made to your
accounts at least once every sixty (60) days from the same person or company,
the person or company making the deposit will tell you every time they send us
the money. You can call the Teller 24 (audio response unit), use NetBranch
Online Banking, visit the branch or write us at the address listed in the
Schedule to find out whether a deposit has been made. If the only possible
transfers to or from your accounts are direct deposits, you will get a statement
from us at least quarterly.
c. Periodic Statements. Transfers and withdrawals transacted through an ATM or
POS terminal, Teller 24, NetBranch OnLine Banking, or debit card purchase will
be recorded on your periodic statement. You will receive a statement monthly
unless there is no transaction in a particular month. In any case, you will
receive a statement at least quarterly. The following comments will appear on
the periodic statement of both the sender AND the receiver of funds: (1) The
dollar amount of transferred funds; (2) The account number that funds were
transferred from and into; (3) The names of the sender and receiver of the
funds. No other account information will be exchanged.
13. Notice When Amount of Preauthorized Payment(s) Vary. If these payments will
vary in amount, you have the right to receive written notice of the amount of
the transfer ten (10) days before the scheduled transfer date. You agree the
Credit Union will not provide such notice, but such notice must be obtained from
the payee. You may choose instead to get this notice only when the payment would
differ by more than a certain amount from the previous payment or when the
amount would fall outside certain limits set by you
14. Liability For Failure to Make a Transaction. If the Credit Union does not
complete a transaction to or from your account on time or in the correct amount
according to our agreement with you, the Credit Union may be liable for your
losses or damages. However, there are some exceptions to this, which include the
following:
a. You do not have enough money in your account to make the transaction through
no fault of ours.
b. The transaction goes over the credit limit on your overdraft line.
c. The terminal where you were making the transaction does not have enough cash.
d. The ATM terminal or other system was not working properly and you knew about
the breakdown when you started the transaction.
e. Circumstances beyond our control (such as fire, flood or electrical failure)
prevent the transaction, despite reasonable precautions that we have taken.
f. You have not properly followed instructions for operation of the ATM or
system.
g. The funds in your account are subject to legal process or other similar
encumbrance.
h. The transaction would exceed one of the established limits contained in this
Agreement or by other Credit Union agreements.
i. Access to your account has been blocked after you have reported your Access
Device lost or stolen or you use a damaged or expired Access Device.
15. Information Disclosure. We will disclose information to third parties about
your account or the transactions you make: (1) when it is necessary for
completing transactions, or (2) in order to verify the existence and condition
of your account for a third party, such as a credit bureau or merchant, or (3)
in order to comply with government agency or court orders, or (4) if you give us
your written permission.
16. Business Day Disclosure. For purposes of this Agreement and Disclosure, our
business days are Monday through Friday. Holidays are not included.
17. In Case of Errors or Questions About Transactions. In case of errors or
questions about your electronic transfers, telephone us at 843-393-0426 or write
us at 501 Russell Street, Darlington, SC 29532, as soon as you can. (For any
errors involving a line of credit account, you must review your Loan Agreement
and Disclosure and/or VISA Credit Card Agreement for a description of your
rights.) We must hear from you no later than sixty (60) days after we sent the
first statement on which the problem appears. You should provide the following
information:
1. Tell us your name and account number.
2. Describe the transfer you are unsure about, and include to the extent
possible, the type, date and explain as clearly as you can why you believe it is
an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days, at the address listed in this
Agreement and Disclosure.
We will tell you the results of our investigation within ten (10) business days
after we hear from you and will correct the error within one (1) business day
after determining that an error occurred.
If we need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question. If we decide to do this, we will
recredit your account within ten (10) business days of receiving the error
notice, and will inform you, within two (2) business days, after providing the
provisional credit, with the amount you think is in error, and the date, so that
you will have the use of the money during the time it takes us to complete our
investigation. We will correct the error, if any, within one (1) business day
after determining that an error occurred. A report of our results will be
delivered or mailed to you within three (3) business days after the conclusion
of the investigation (including, if applicable, notice that a provisional credit
has been made final).
For transactions initiated outside the United States, or resulting from a
point-of-sale debit card transaction, we will have ninety (90) calendar days
instead of forty-five (45) business days, unless otherwise required by law, to
investigate your complaint or question. For transactions on accounts that have
been opened less than thirty (30) calendar days, we will have twenty (20)
business days instead of ten (10) business days to credit your account, and
ninety (90) calendar days instead of forty-five (45) business days, unless
otherwise required by law, to investigate your complaint or question.
If we determine that no error occurred or an error occurred in a manner or
amount different from that described by the member, the results of our
investigation are available, and at your request will be delivered or mailed
along with documents that we relied upon in making this determination (to the
extent possible without violation of other member's rights to privacy). We will
notify you of the date and amount we will debit your account. Further, we will
honor drafts, or similar instruments payable to third parties and preauthorized
transfers from your account (without charge, as a result of an overdraft) for
five (5) business days after the notification. We will only honor items that
would have been paid if the provisionally credited funds had not been debited.
18. Your Liability for Unauthorized Transaction. Tell us AT ONCE if you believe
your Access Device has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. You are responsible for all transfers you
authorize using an EFT service under this Agreement. If you permit other persons
to use an EFT service or your Access Device, you are responsible for any
transactions they authorize or conduct on any of your accounts.
Special Notice to VISA Check Cardholders. If there is an unauthorized use of
your VISA Check Card or an Interlink transaction, and the transaction takes
place on the VISA network, then your liability will be zero ($0.00). This
provision limiting your liability does not apply to either VISA commercial cards
or ATM cash disbursements. Additionally, your liability with respect to
unauthorized transactions may be greater than the above zero ($0.00) liability
limit, to the extent allowed under applicable law, if the credit union
reasonably determines, based on substantial evidence, that you were grossly
negligent or fraudulent in the handling of your account or card. In any case, to
minimize your potential liability you should notify us of any unauthorized use
no later than 60 days after your statement was mailed to you.
For all other EFT transactions that require the use of a PIN or Access Code, if
you tell us within two (2) business days, you can lose no more than $50 if
someone uses your card and PIN or Access Code without your permission. If you do
not tell us within two (2) business days after you learn of the loss or theft of
your Card, PIN or Access Code, and we can prove that we could have prevented the
unauthorized transaction if you had told us in time, you could lose as much as
$500. In no event will you be liable for more than $50 for any unauthorized line
of credit transaction.
Also, if your statement shows transfers that you did not make, tell us at once.
If you do not tell us within sixty (60) days after the statement was mailed to
you, you may not get back any money lost after the sixty (60) days if we can
prove that we could have stopped someone from making the transfers if you had
told us in time. If a good reason (such as a hospital stay) kept you from
telling us, we will extend the time periods. If you believe that your Card or
Access Code has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission, you must report to us
at using any of the methods set forth in paragraph 26 below.
If a good reason (such as extended travel or hospitalization) kept you from
telling us, we may extend these time periods.
19. Reporting A Lost Card, PIN, or Teller 24 PIN.
If you believe that any Access Devise has been lost or stolen or that someone
has withdrawn or may withdraw money from your account without your permission,
you agree to immediately notify us. You can report to us at using any of the
methods set forth in paragraph 26 below.
If you recover your Card after you have notified us, DO NOT USE IT.
20. Amendment. We may amend this Agreement upon giving you such notice as may be
required by law, effective upon the date indicated in the notice.
21. Networks for Transactions: Besides being able to use your Access Devices at
our Terminals as well as any VISA Terminal, you may access your accounts through
the following networks: CIRRUS. NOTE: These Networks are subject to change from
time-to-time.
22. Disclaimer of Warranty and Limitation of Liability. We make no warranty of
any kind, express or implied, including any implied warranty of merchantability
or fitness for a particular purpose, in connection with the Online Banking
Services provided to you under this Agreement. We do not and cannot warrant that
Online Banking will operate without errors, or that any or all Online Banking
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 Online Banking, 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 a
warranty. Further, in no event shall the liability of the Credit Union and its
affiliates exceed the amounts paid by you for the services provided to you
through Online Banking.
23. Virus Protection. The Credit Union is not responsible for any electronic
virus or viruses that you may encounter. We encourage our members to routinely
scan their PCs and diskettes using a reliable virus detection product to detect
and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy
your programs, files and even your hardware. Additionally, you may
unintentionally transmit the virus to other computers.
24. Your Right to Terminate. You may cancel your Online Banking service at any
time by providing us with written notice by postal mail, fax or in person. Your
access to Online Banking will be suspended within 3 business days 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.
25. Our Right to Terminate. You agree that we can terminate or limit your access
to Online Banking Services for any of the following reasons: (1) Without prior
notice, if you have insufficient funds in any one of your Credit Union accounts;
Online Banking Service may be reinstated, in our sole discretion, once
sufficient funds are available to cover any fees, pending transfers and debits;
(2) Upon 3 business days notice, if you do not contact us to designate a new
Primary Checking Account immediately after you close your Primary Checking
Account and (3) Upon reasonable notice, for any other reason in our sole
discretion.
26. Communications between the Credit Union and You. Unless this Agreement
provides otherwise, you can communicate with us in any one of the following
ways: (1) Email -You can contact us by email by using the Contact tab located on
our website (www.dixiesfed.com); (2) Telephone - You can contact us by telephone
at (843) 393-0426 or (3) Facsimile - You can contact us by fax at (843)
391-0001; (4) Postal Mail - You can write to us at: 501 Russell Street,
Darlington, SC 29532 and (5) In Person - You may visit us in person at any one
of our branch locations.
TERMS AND CONSENT APPLICABLE TO ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS,
ELECTRONIC RECORDS, ELECTRONIC MAIL (“E-MAIL”) FACSIMILE AND OTHER ELECTRONIC
SERVICES AND COMMUNICATIONS.
1. Agreement. You specifically consent and agree that we may provide all
disclosures, agreements, contracts, periodic statements, receipts, notices,
modifications, amendments, and all other evidence of our transactions with you
or on your behalf electronically (hereinafter all such documentation is referred
to as “electronic record(s)”). You have a right to receive a paper copy of any
of these electronic records if applicable law specifically requires us to
provide such documentation. Also, you may withdraw your consent and revoke your
agreement to receive records electronically. To request a paper copy or to
withdraw your consent and agreement to receive electronic records call, write or
e-mail us as set forth in the Schedule.
2. Equipment and Software Requirements. To receive electronic records and to
access our home banking services, you need a computer with a modem and web
browser (such as Netscape Navigator®, Microsoft Internet Explorer® or an
equivalent). Use and access to our on-line / electronic banking services
requires the use of a browser that supports SSL and Cookies. You are responsible
for the set-up and maintenance of your home computer and modem.
Presently, the following components are minimum requirements that your equipment
must meet to use the Credit Union’s Home Banking Services:
• A personal computer, mobile device, or other access device, capable of
accessing the Internet via a browser. Mobile banking is best viewed in 1280x1024
resolution.
• An Internet web browser that is capable of supporting 128-bit SSL encrypted
communications. It is recommended using a current browser version to ensure you
have the latest security updates
• An active e-mail address account. This enables us to communicate with you
electronically regarding your Online Account and to assist with password
recovery if needed.
• Adobe Acrobat Reader Version 6.0 or higher to allow viewing of Portable
Document Format (PDF) Files.
These are the present minimum requirements that are required to access and use
the system. We make no warranty or representation regarding the access speed
that you will have now or in the future, as such is beyond the control of the
Credit Union (depending largely on your computer system and method of access --
e.g., dial up connection vs. DSL or other connection). Also, these minimum
requirements are likely to change as technology, software, and other matters
continue to evolve.
Obtaining Software. You can obtain the Credit Union’s software for its Home
Banking Services:
By mail or by calling.
By visiting one of our branches.
Request it by completing the online application.
By requesting any electronic funds transfers, home banking, other electronic
services or transactions, by submitting any application or agreement to us
electronically, or by e-mailing us, you represent that you have such equipment
and software and that you can download, access, read, review, print and store
the electronic records we provide to you.
Performance of Software and Electronic Service and Warranty Disclaimer. In no
event will we be liable to you for any consequential, incidental or indirect
damages arising out of the use, misuse or inability to use our services, or for
any loss of any data, even if we have been informed of the possibility of such
damages. FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO YOU REGARDING YOUR
EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, including but not limited to any Online Banking
services provided to you under this or any other agreement with us.
We do not and cannot warrant that Online Banking will operate without errors, or
that any or all Online Banking 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 Online Banking, 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 a warranty. Further, in no event shall the liability of the
Credit Union and its affiliates exceed the amounts paid by you for the services
provided to you through Online Banking.
Virus Protection. We are not responsible for any electronic virus or viruses
that you may encounter. The Credit Union suggests that you routinely scan your
PC and diskettes using a reliable virus protection software product to detect
and remove any viruses found. An undetected or unrepaired virus may corrupt
and/or destroy your programs, files and even your hardware.
3. Electronic Signature. You consent and agree that your use of a key pad, mouse
or other device to select an item, button, icon or similar act/action while
using any electronic service we offer; or in accessing or making any
transactions regarding any agreement, acknowledgment, consent, terms,
disclosures or conditions constitutes your signature, acceptance and agreement
as if actually signed by you in writing. Further, you agree that no
certification authority or other third party verification is necessary to the
validity of your electronic signature; and that the lack of such certification
or third party verification will not in any way affect the enforceability of
your signature or any resulting contract between you and the Credit Union.
4. Electronic Records. To facilitate electronic commerce, to reduce the expense
of records storage, and to obtain the benefits of faster access to records, you
acknowledge and agree that we may in our discretion store all records
electronically; and that we will not retain and have no obligation to retain any
original documents for any period of time. This applies to all documentation
including but not limited to checks, transaction records, notes, mortgages,
deeds of trust and other loan and/or security documentation. You further
acknowledge and understand that we will routinely destroy all original
documentation. We may store records electronically via imaging, scanning,
filming or other technology used in the financial services industry for the
storage of documentation via internal processes or third-party processors that
we approve for these services. You agree that such storage shall be secure, and
further agree that such records shall for all purposes be recognized and
admissible in evidence or otherwise to prove the agreements, rights and
obligations of the parties pursuant to any such records.
5. “E-Mail” and Facsimile Communications. You acknowledge and agree that the
Internet is considered inherently insecure. Therefore, you agree that we have no
liability to you whatsoever for any loss, claim or damages arising or in any way
related to our response(s) to any e-mail or other electronic communication,
which we in good faith believe you have submitted to us. We have no duty to
investigate the validity or to verify any e-mail or other electronic
communication; and may respond to an e-mail at either the address provided with
the communication, the e-mail address in your Membership Application and
Signature Card, or any other application or written communication actually
received by us.
Any account owner, co-borrower, or authorized user may change the e-mail address
for statements or other information from us at any time.
Although having no obligation to do so, we reserve the right to require
authentication of e-mails or electronic communications. The decision to require
authentication is in the sole discretion of the Credit Union. We will have no
obligation, liability or responsibility to you or any other person or company if
we do not act upon or follow any instruction to us if a communication cannot be
authenticated to our satisfaction.
Further, the Credit Union may not immediately receive e-mail communications that
you send. Also, we will not take action based on e-mail requests until we
actually receive your message and have a reasonable opportunity to act. We
reserve the right to require any notices from you be submitted to us in writing,
and we may refuse to send certain information through unsecured e-mail
communications. If you need to contact the Credit Union immediately regarding an
unauthorized transaction, stop payment request, or otherwise, you may call the
Credit Union at telephone number 843-393-0426.
You expressly consent and agree to us, our agents or any parties we authorize
sending and your receiving any communications hereunder by facsimile or other
electronic methods including any offers for Credit Union, affiliate or third
party services and/or products.
6. Links to Other Sites. Our website may contain links to third party websites.
These links are provided solely as a convenience to you and not as an
endorsement by the Credit Union of the contents on such third-party website.
Credit Union is not responsible for the content of linked third-party sites and
does not make any representations regarding the content or accuracy of materials
on such third party websites. If you decide to access linked third-party
websites, you do so at your own risk.
7. Controlling Law and Users Responsibilities. Our web site and the electronic
services that we provide (excluding linked sites) are controlled by the Credit
Union from its principal offices in South Carolina, which law governs this
Agreement. While you may choose to access our web site and electronic services
from other locations, we make no representation that any information, materials,
or functions included in our web site or via our electronic service are
appropriate or authorized for use in other jurisdictions. Your access from other
locations is made on your own initiative; and you are solely responsible for
compliance with any applicable local laws and regulations.
I agree to do business with Dixies Federal Credit Union and to receive
disclosures electronically,
and have the ability to do so, as described in the Electronic Disclosure above.