HOME BANKING TERMS AND CONDITIONS
AGREEMENT AND DISCLOSURE
(HomeBanking, Mobile Banking, w/ Privacy Statement and Patriot Act)
This Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the HomeBanking services offered to you by LPS Employees Federal Credit Union. The HomeBanking service permits you to electronically initiate account transactions involving your accounts and communicate with LPS Employees Federal Credit Union. In this Agreement, the words "you", "your" and "yours" mean those who request and use HomeBanking, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we", "us" and "our" mean LPS Employees Federal Credit Union. The word "account" means any one or more accounts you have with LPS Employees Federal Credit Union. HomeBanking may refer to account access via web browser (HomeBanking) or the mobile application (Mobile Banking). By requesting and using the HomeBanking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
HomeBanking and Mobile Banking Services
You may register HomeBanking and Mobile Banking service on your personal computer or mobile device to access your account(s). You must use your account User ID and password to access your accounts. The HomeBanking service is accessible seven (7) days a week, twenty-four (24) hours a day with occasional downtimes for maintenance or updates. These maintenance windows are would occur in the evening or during the overnight hours. You will need a personal computer or mobile device, 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. LPS Employees 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 HomeBanking 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.
• Conduct other transactions permitted by LPS Employees Federal Credit Union.
• Communicate with LPS Employees Federal Credit Union using the electronic mail ("E-mail") feature.
Transactions involving your deposit accounts, including stop payment requests, will be subject to the terms of your account agreement.
The following limitations on HomeBanking transactions may apply in using the services listed above:
You may make funds transfers to other accounts of yours as often as you like. However, transfers and bill
payments from a savings account will be limited to a total of six (6) in any one calendar month. You may transfer or withdraw up to the available balance in your accounts, except as limited under this Agreement or your deposit or loan agreements. LPS Employees 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.
The account balance and transaction history information may be limited to recent account information involving your accounts. The history available may be different from HomeBanking to Mobile Banking. 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.
PS Employees Federal Credit Union may not immediately receive E-mail communications that you send and LPS Employees Federal Credit Union will not take action based on E-mail requests until LPS Employees Federal Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact LPS Employees Federal Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call LPS Employees Federal Credit Union at the telephone number set forth in the Billing Errors section.
Security of Password and/or Security Token:
The personal identification number (Password) and/or any Security Token issued to you are for your security purposes. The Password, Security Token, Security Questions, and/or Challenge Questions 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. We highly encourage the use of our Multi-Factor Authentication to further secure your electronic access. If you authorize anyone to use your Password or Security Token, that authority shall continue until you specifically revoke such authority by notifying LPS Employees Federal Credit Union. If you fail to maintain the security of these security measures and LPS Employees Federal Credit Union suffers a loss, we may terminate your HomeBanking and account services immediately.
Liability for unauthorized access:
You are responsible for all transfers you authorize under this Agreement. If you permit other persons to use the HomeBanking service with your Password, 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 or accessed your accounts through code, card, or draft without your authorization. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days, you can lose not more than $50 if someone uses your card without your permission. If you do not tell us within two business days after you learn of the loss or theft of your card, and we can prove that we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfer that you did not make including those made by card, code, or other means, TELL US AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed/provided to you, you may not get back any money lost after the sixty 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 your card has
been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (402) 486-3644.
Our business days are Monday through Friday 7:30am-5:00pm and Saturdays 8:00am-12pm. Federal holidays are not included.
Fees and Charges:
There may be certain charges for HomeBanking services as set forth on LPS Employees 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 (21 days’ notice, at least).
Transfers and withdrawals transacted through HomeBanking 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; • 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.
LPS Employees 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, LPS Employees 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 code or card or you have not properly followed any applicable computer, Internet Access, or LPS Employees Federal Credit Union user instructions for making transfers.
• If your computer fails or malfunctions or the HomeBanking service was not properly working and such problem should have been apparent when you attempted such transaction.
• If an ATM where you are making a transfer does not have enough cash or is not properly functioning.
• 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 LPS Employees Federal Credit Union complete, correct and current instructions so LPS Employees Federal Credit Union can process a transfer.
• If the error was caused by a system beyond LPS Employees Federal Credit Union's control, such as your Internet Service Provider or ATM/Debit Network.
• If there are other exceptions as established by LPS Employees Federal Credit Union from time to time.
Termination of HomeBanking Services:
You agree that we may terminate this Agreement and your use of the HomeBanking 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.
LPS Employees Federal Credit Union reserves the right to change the terms and conditions upon which this service is offered. LPS Employees Federal Credit Union will provide 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.
In case of errors or questions about your HomeBanking transactions, telephone us at the phone number listed or write to us as soon as you can at LPS EMPLOYEES FCU, 5621 N Street, Lincoln NE 68510. (402.486.3644) Telephone is best.
We must hear from you no later than sixty (60) 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.
You agree to be liable to LPS Employees Federal Credit Union for any liability, loss, or expense as provided in this Agreement that LPS Employees Federal Credit Union incurs as a result of any dispute involving your
accounts or services. You authorize LPS Employees 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.
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.
By choosing to enroll in the Electronic Notices (“e-Statements”) 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 HomeBanking. You may withdraw your consent to receive e-Notices or change your e-mail address at any time by using the HomeBanking 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.
At LPS Employees Federal Credit Union, your member-owned financial institution, your privacy is top priority. This notice describes how we protect the privacy of your personal information. Throughout this notice, the word "information" refers to nonpublic personal information about you.
Information We Collect About You
We collect information about you from the following sources: Applications and other forms you submit to us. Information about your transactions with us. Information obtained when verifying information you provide on an application or other forms, such as your current or past employers or from other institutions where you conduct financial transactions. Information we received from a consumer reporting agency. We may disclose all the information we collect, as described above as permitted by law.
Parties Who Receive Information from Us
We may disclose information about you to the following type of third parties: Financial service providers, such as those that provide mortgage services, credit card services, IRA services, ATM or Debit services, and various insurance services. Non-financial companies, such as our data processor, statement mailers, share draft check printers, government agencies, consumer reporting and collection agencies.
Disclosure of Information to Parties That Provide Service to Us
In order to conduct the business of the credit union we may disclose all the information that we collect, as described above, to companies that perform marketing services on our behalf, our affiliates, or other financial institutions with which we have joint marketing agreements. We may also disclose information about you under other circumstances, as permitted by or required by law. These disclosures typically include information to process transactions on your behalf, conduct the operations of our credit union, follow your instructions as you authorize, or protect the security of our financial records.
Disclosure of Information About Former Members
If you decide to terminate your membership with LPS Employees Federal Credit Union, we will not share information we have collected about you, except as may be permitted or required by law.
How We Protect Your Information
We restrict access to information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your information.
In order to comply with the USA Patriot Act, LPS Employees 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.