AGREEMENT AND DISCLOSURE
(E-branch, Mobile Banking & E-Notices accompanied w/ Privacy Statement and Patriot Act)
This Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the E-branch services offered to you by LINCONE Federal Credit Union. The E-branch service permits you to electronically initiate account transactions involving your accounts and communicate with LincOne Federal Credit Union. In this Agreement, the words "you", "your" and "yours" mean those who request and use E-branch, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we", "us" and "our" mean LincOne Federal Credit Union. The word "account" means any one or more accounts you have with LincOne Federal Credit Union. By requesting and using the E-branch service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
E-branch SERVICE
Account Access:
If we approve your application for the E-branch service, you may use your personal computer to access your accounts. You must use your account User ID, password, and your Security Token to access your accounts. The E-branch service is accessible seven (7) days a week, twenty-four (24) hours a day. You will need a personal computer, a compatible browser, and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of any software and your computer. LincOne Federal Credit Union will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.
Types of Transactions:
At the present time, you may use the E-branch service to:
• Transfer funds between your checking, savings and loan accounts.
• Transfer funds to accounts of other members you authorize for any of your accounts.
• Review account balance, transaction history and tax information for any of your checking, savings or loan accounts.
• Request a withdrawal from any checking or savings account by check mailed to you.
• Download your account information to financial management software programs like Quicken®, if applicable.
• Conduct other transactions permitted by LincOne Federal Credit Union.
• Communicate with LincOne Federal Credit Union using the electronic mail ("E-mail") feature.
• Merchant payments offered through a separate Bill Payer Service.
Transactions involving your deposit accounts, including stop payment requests, will be subject to the terms of your account agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.
Service Limitations
The following limitations on E-branch transactions may apply in using the services listed above:
Transfers:
You may make funds transfers to other accounts of yours as often as you like. However, transfers and bill payments from a savings or a Money Market (MM) account will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. LincOne Federal Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
Account Information:
The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
E-Mail:
LincOne Federal Credit Union may not immediately receive E-mail communications that you send and LincOne Federal Credit Union will not take action based on E-mail requests until LincOne Federal Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact LincOne Federal Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call LincOne Federal Credit Union at the telephone number set forth in the Liability for Unauthorized Access section.
Bill Payments:
You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic or nonrecurring (i.e. payments on merchant charge accounts that vary in amount) ("periodic bill payments") or automatic and recurring (i.e. fixed monthly mortgage payments) ("automatic bill payments"). When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from the account you designate. We will process bill payment transfer requests only to those payees designated in LincOne Federal Credit Union's User Instructions and such payees as you authorize and for whom LincOne Federal Credit Union has the proper vendor code number. LincOne Federal Credit Union will not process any bill payment transfer if the required transaction information is incomplete. If there are insufficient funds in your account to make the bill payment request, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. LincOne Federal Credit Union reserves the right to refuse to process payment instructions that reasonably appear to LincOne Federal Credit Union to be fraudulent or erroneous. LincOne Federal Credit Union will withdraw the designated funds from your account for the bill payment transfer by midnight on the date you schedule for payment. LincOne Federal Credit Union will process your bill payment transfer within one (1) business day on the date you schedule for payment.
It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions through E-branch at least six (6) days before a bill is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization.
You may cancel or stop payment of periodic and automatic bill payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a periodic or automatic bill payment you have already scheduled for transmission through E-branch you may electronically edit or cancel your payment request through E-branch. Your cancellation request must be entered and transmitted through E-branch before the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment. If you wish to place an oral stop payment on an automatic bill payment transaction not using E-branch, LincOne Federal Credit Union must receive your oral stop payment request at least three (3) business days before the next payment is scheduled to be made. You may call LincOne Federal Credit Union at the telephone number set forth in the Liability for Unauthorized Access section to request a stop payment. If you call, LincOne Federal Credit Union may require you to confirm your stop payment request in writing within fourteen (14) days after the call and LincOne Federal Credit Union may charge a fee for each request. If you place an oral stop payment request at least three (3) business days before the payment is scheduled, and we fail to stop the payment, we will be liable for your actual losses or damages.
Security of Password and Security Token:
The personal identification number (Password) and Security Token issued to you are for your security purposes. The Password and Security Token are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping both. You agree not to disclose or otherwise make these available to anyone not authorized to sign on your accounts. If you authorize anyone to use your Password or Security Token, that authority shall continue until you specifically revoke such authority by notifying LincOne Federal Credit Union. If you fail to maintain the security of these security measures and LincOne Federal Credit Union suffers a loss, we may terminate your E-branch and account services immediately.
Liability for unauthorized access:
You are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the E-branch service with your Password and Security Token, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Password and Security Token or accessed your accounts through E-branch without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two business days, you can lose not more than fifty dollars ($50) if someone accesses your accounts without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Password and Security Token, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as five hundred dollars ($500). In any event your liability for an unauthorized line of credit transactions through E-branch is fifty dollars ($50).
Also, if your statement shows E-branch transfers that you did not make, tell us at once. If you do not tell us within thirty-three (33) days after the statement was mailed to you, you may not get back any money lost after the thirty-three (33) 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 may extend the time periods.
If you believe that someone has used your Password and Security Token or has transferred or may transfer money from your account without your permission, call LincOne Federal Credit Union.
Business Days:
Our business days are Monday through Friday. Holidays are not included.
Fees and Charges:
There are certain charges for E-branch services as set forth on LincOne Federal Credit Union's Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.
Periodic Statements:
Transfers, withdrawals, and bill payments transacted through E-branch 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.
Account Information Disclosure:
We will disclose information to third parties about your account or the transfers you make:
• As necessary to complete transfers and bill payments;
• To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;
• To comply with government agency or court orders;
• If you give us your written permission.
LincOne Federal Credit Union’s Liability for Failure to Make Transfers:
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, LincOne Federal Credit Union will not be liable:
• If through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
• If you used the wrong Password and Security Token or you have not properly followed any applicable computer, Internet Access, or LincOne Federal Credit Union user instructions for making transfer and bill payment transactions.
• If your computer fails or malfunctions or the E-branch service was not properly working and such problem should have been apparent when you attempted such transaction.
• If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
• If the funds in your account are subject to an administrative hold, legal process or another claim.
• If you have not given LincOne Federal Credit Union complete, correct and current instructions so LincOne Federal Credit Union can process a transfer or bill payment.
• If the error was caused by a system beyond LincOne Federal Credit Union's control, such as your Internet Service Provider.
• If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
• If LincOne Federal Credit Union makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.
• If there are other exceptions as established by LincOne Federal Credit Union from time to time.
Termination of e-branch Services:
You agree that we may terminate this Agreement and your use of the E-branch services if you or any authorized user of your account or Password and Security Token breach this or any other agreement with us, or if we have reason to believe that there has been an unauthorized use of your account or Password and Security Token.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Notices:
LincOne Federal Credit Union reserves the right to change the terms and conditions upon which this service is offered. LincOne Federal Credit Union will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of the service is subject to existing regulations governing your accounts and any future changes to those regulations.
Billing Errors:
In case of errors or questions about your E-branch transactions, telephone us at the phone number listed or write to us as soon as you can at LINCONE FCU, 4638 W Street, Lincoln NE 68503. (402.441.3555 / 888.790.7261)
We must hear from you no later than thirty-three (33) days after we sent the first statement on which the problem appears.
• Tell us your name and account number.
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• 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) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. 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 credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty-five (45) calendar days.
Enforcement:
You agree to be liable to LincOne Federal Credit Union for any liability, loss, or expense as provided in this Agreement that LincOne Federal Credit Union incurs as a result of any dispute involving your accounts or services. You authorize LincOne Federal Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
Governing Law:
This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the state where you opened your account and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.
LincOne Federal Credit Union Mobile Banking
Mobile Banking is provided to you by LincOne Federal Credit Union, its affiliates, and any of its direct or indirect subsidiaries. When LincOne Federal Credit Union, or its affiliates or subsidiaries, hold an eligible account or provide an online mobile financial service this Agreement sets forth the terms and conditions for use of LincOne Federal Credit Union Mobile Banking service. By accepting this agreement, you agree to all terms, conditions and notices contained or referenced in this Agreement, and you are providing your express prior consent.
LincOne Federal Credit Union may at any time request the following from you in relation to your mobile banking activities: Electronic banking credentials, implementation of alternative risk control mechanisms, or contact authorities when suspicious account activity or member security-related events occur.
Access to and use of LincOne Federal Credit Union Mobile Banking service is subject to all applicable federal, state, and local laws and regulations. Unauthorized use of LincOne Federal Credit Union Mobile Banking service or information accessed via LincOne Federal Credit Union Mobile Banking service is strictly prohibited.
Description of LincOne Federal Credit Union Mobile Banking:
LincOne Federal Credit Union Mobile Banking refers generally to any service allowing an existing LincOne Federal Credit Union member to access and view “Eligible Account(s)” from a cell phone or handheld device (collectively, “mobile device”). LincOne Federal Credit Union Mobile Banking service includes Wireless Application Protocol (WAP). In the event of any inconsistency between prior terms of use applicable to LincOne Federal Credit Union Mobile Banking service and this Agreement, this Agreement shall apply. Undefined terms herein shall have the meaning assigned to them in the Account Agreement.
This Agreement supplements the Account Agreement. In the event of an inconsistency between the Account Agreement and this Agreement, the LincOne Federal Credit Union Mobile Banking Agreement shall govern. LincOne Federal Credit Union Mobile Banking service allows you to view balances and track recent account activity on your account(s) from your mobile device and receive alerts for which you have subscribed.
What Does LincOne Federal Credit Union Mobile Banking Include?
LincOne Federal Credit Union Mobile Banking includes Wireless Application Protocol (WAP). The Wireless Application Protocol (WAP) is the Mobile Banking website and requires Internet access on your mobile device. The Mobile Banking website allows you to view your account balance, review recent account history, and transfer funds between your accounts. From time to time, LincOne Federal Credit Union may develop additional Mobile Banking services. As such services are developed; you will have the opportunity to add them to your LincOne Federal Credit Union Mobile Banking service, provided you have compatible wireless hardware and software.
How to Register For LincOne Federal Credit Union Mobile Banking:
You must first register for LincOne Federal Credit Union Mobile Banking from a personal computer, not from a mobile device, via the “Mobile Bank Set Up” tab in e-branch. You will be provided with free access to the Mobile Banking website services.
Relationship to Other Agreements:
You agree that when you use Mobile Banking Services, you will remain subject to the terms and conditions of all existing agreements with us, and our affiliates. You acknowledge that certain wireless service providers and/or wireless carriers may assess fees, limitations, and/or restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with Mobile Banking, including downloading the software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the software or other products and services provided by Mobile Banking).
You expressly agree that you are solely responsible for all such fees, limitations, and restrictions; and that we may contact you via your wireless device for any purpose concerning your accounts at LincOne Federal Credit Union CU, including account servicing and collection purposes.
Account Ownership/Accurate Information:
You represent that you are the legal owner of the account and other financial information, which may be accessed via Mobile Banking. You represent and agree that all information you provide us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up-to-date, and accurate.
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. LincOne Federal 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.
Controlling Law and Users Responsibilities:
Our website and the electronic services that we provide (excluding linked sites) are controlled by the Credit Union from its principal office in Lincoln, Nebraska, which law governs this Agreement. While you may choose to access our website and electronic services from other locations, we make no representation that any information, materials, or functions included on our website or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own.
e-Notices Disclosures
By choosing to enroll in the Electronic Notices (“e-Notices”) you agree to accept various account related notices by email delivery. Your online e-Notices may include:
• Monthly/Quarterly Account Statements
• Share Certificate Renewal
• Checking Account Overdraft
• Checking Account Paid NSF
• ACH Overdraft
• ACH Paid NSF
• ATM Overdraft
• Certificate Payment
• Certificate Renewal
• Late Loan Payment
• Checking Unpaid NSF
• ACH Unpaid NSF
• And others as developed by the credit union
You must have an e-mail address on file in order to receive and view e-notices. Upon agreeing to receive e-Notices online, the paper version or hard copy will not be mailed to you. You will not have the right to request and receive e-notices in paper form unless you terminate the e-Notices service in the e-Notices section within e-branch . You may withdraw your consent to receive e-Notices or change your e-mail address at any time by using the e-branch function to un-enroll or edit your e-mail address. It is your responsibility to change your e-Notice delivery options and/or e-mail address by updating it yourself. There are no fees or account restrictions for choosing to withdraw your consent for online e-Notices or changing your email address.
Privacy Notice:
Adopted February 22, 2001
At LincOne Federal Credit Union, we value your membership and we are committed to protecting the privacy of all our members. It is important to us that you are confident that any information you give us is private. We make it a priority to provide privacy both on our website and in our business office.
LincOne Federal Credit Union collects nonpublic personal information about you from the following sources:
1) Information we receive from you on applications or other forms, such as your name, address, social security number, assets, and income;
2) Information about your transactions with us or others, such as your account balance, payment history, parties to transactions, and credit card usage;
3) Information we receive from a consumer-reporting agency, such as your creditworthiness and credit history.
We do not disclose any non-public personal information about you to anyone, except as permitted by law.
The Credit Union may disclose all of the information we collect as described above to companies that perform marketing services on our behalf or to other LincOne Federal Credit Unions with whom we have joint marketing agreements. These companies are required to keep this information confidential.
The Credit Union restricts access to your personal and account information to those employees who need to know that information to provide products or services to you.
The Credit Union maintains physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information.
If you decide to terminate your membership or become an inactive member, we will adhere to the privacy policies and practices as described in this notice.
Patriot Act:
In order to comply with the USA Patriot Act, LincOne Federal Credit Union is required to obtain, verify, and record identification from all persons applying for and opening new accounts or services with the credit union. Information that we are required to obtain includes name, mailing and residential addresses, tax identification number, date of birth and a copy of government issued photo ID. Additional data may be gathered depending on the type of account opened. Data on existing members will be gathered as new or additional services are used. Confidentiality of the information gathered by the credit union will be maintained as required under the Privacy Act.