BANK365 oNLINE ACCESS AGREEMENTBank365 General Terms and Conditions
You agree that any information or disclosures or notices supplemental to or under this Agreement or by law or regulation or any amendments to this Agreement may be sent to you by electronic communication, including by e-mail to you or by posting on NAFT Federal Credit Union's website at www.naftfcu.coop. By using the Bank365 services you agree to abide by the terms and conditions of this Online Access Agreement and the Electronic Funds Transfer Agreement. Bank365 is governed by applicable Federal laws and regulations and in accordance with the applicable laws and regulations of the State of Texas. Bank365 is used to access information and to perform transactions on accounts held at NAFT Federal Credit Union. These accounts are governed by the Membership and Account Agreement that was provided to you when the account(s) were opened. The terms "we", "us", "our" and "credit union" refer to NAFT Federal Credit Union. The terms "you" and "your(s)" refer to each owner of an account. The term "business day" means every day except Saturdays, Sundays and Federal Holidays.
In addition to this Online Access Agreement you agree to be bound by and will comply with the requirements of the Electronic Funds Transfer Agreement, applicable Membership and Account Agreement, the Credit Union's rules and regulations, the rules and regulations of any funds transfer system to which the Credit Union belongs, and applicable state and federal laws and regulations.
This Online Access Agreement for accessing your accounts via NAFT Federal Credit Union's Bank365 explains the terms and conditions governing all Credit Union services offered through NAFT Federal Credit Union's Online Services (Bank365). Only accounts that are maintained with NAFT Federal Credit Union may be accessed through NAFT Federal Credit Union's online banking system "Bank365".
The first time you access any of your accounts through Bank365 confirms your understanding and agreement to this Online Access Agreement and acknowledges your receipt of this disclosure.
Bank365 User Logon ID and Security Code
When you initially sign up for Bank365 by coming to one of the credit union offices you will choose a User Logon ID and Security Code that will enable you to access your account information through the Bank365. We recommend that you change your User Logon ID and Security Code regularly. It is recommended that you memorize your Bank365 User Logon ID and Security Code and do not write it down or give it to anyone. You are responsible for safeguarding your User Logon ID and Security Code and other account data. We are entitled to act on instructions received under your User Logon ID and Security Code. You agree that NAFT Federal Credit Union may send notices and other communications to the address shown in our records and that NAFT Federal Credit Union is not liable to you in any way if this information is accessed by an unauthorized person. You agree to keep your account information and User Logon ID and Security Code secure and strictly confidential. You agree to immediately notify us if you believe your User Logon ID and Security Code or account number has been obtained by an unauthorized person and you agree to change your User Logon ID and Security Code immediately. NAFT Federal Credit Union reserves the right to cancel any person's access to Bank365 if it believes the security of a person's account information and access has been breached. You may cancel your access to Bank365 online services by contacting our member service department at 956-787-2774.
If you give someone your User Logon ID and Security Code, you are authorizing that person to use the service and you are responsible for all transactions that person performs using the service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. You agree to assume responsibility for all transactions through the service with your NAFT Federal Credit Union User Logon ID and Security Code, up to the limits allowed by applicable law. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
NAFT FEDERAL CREDIT UNION WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR USER LOGON ID AND SECURITY CODE THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
Except as specifically provided in this Online Access Agreement or where the law requires different standards, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the credit union, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing, nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Services, or Internet browser or access software.
Liability for unauthorized transactions. You will be liable for unauthorized access to accounts via Bank365 to the extent allowed by applicable federal and state law. You must tell us AT ONCE if you believe your Member number, or Logon ID, or any record thereof, has been lost or stolen, or if any of your accounts have been accessed without your authority. You may telephone us at 956-787-2774, E-mail us at email@example.com, or mail to NAFT Federal Credit Union Attention: Bank365, P.O. Box 771, Pharr, Texas 78577-0771 or come in person. Telephoning is the best way of minimizing your liability. You could lose all the money in your accounts, plus your maximum overdraft line-of-credit. If you tell us within two (2) business days of the loss, theft, or unauthorized access, you can lose no more than $50 if someone accessed your account without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, theft or unauthorized access, and we can prove we could have stopped someone from accessing your account without permission if you had notified us, you could lose as much as $500.
Further, if your statement shows transfers that you did not make, you must tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not receive any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Transactions that are not completed. If we fail to complete a transfer to or from your designated account(s) on time and in the correct amount, and we have agreed to perform such transfer(s) (with certain exceptions), we may be liable for your losses or damages. We will not be liable:
- If we have terminated this Agreement.
- If through no fault of ours, you do not have enough money in your account(s) to make the transfer.
- A legal order directs us to prohibit withdrawals from the account(s).
- The funds in your designated account(s) are subject to legal process or other encumbrance restricting the transaction.
- If circumstances beyond our control (such as fire or flood) prevent the transaction from being completed despite reasonable precautions we have taken.
- You have reported an unauthorized use of your User Logon ID and Security Code, reported it as stolen, or requested that we issue a new User Logon ID and Security Code, and we have as a result refused to honor the original User Logon ID and Security Code.
- If your account is closed, frozen, or funds are uncollected.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If the transfer would cause your balance to become negative or to exceed your overdraft advance limit.
- If any part of Bank365 is not working properly and you knew about the problem when you started the transactions.
- If other exceptions are introduced as provided by applicable law.
Government regulations restrict the number of automatic and preauthorized transfers from your Share (Trailer #00), Special Savings (trailer #61) and Personal Savings Account (Trailer #62) Accounts to no more than an aggregate of six per month per Account. Automatic overdraft protection transfers made from your Share Account (Trailer #00) and, Special Savings Account (Trailer #61) to cover transactions made from your Checking Account are included when counting the permissible number of monthly transfers. We may charge a fee, refuse to complete a transfer, or suspend your access to the Services and other electronic fund transfer services if you exceed these limitations. If a hold has been placed on a deposit made to any account that you are permitted to transfer from, the funds will not be available to transfer until the hold expires. Monetary transactions are limited to transfers between trailers within the same account and between accounts of which you are an owner that have been approved by the Credit Union.
Pre-authorized Payments. You may not use Bank365 to enter into pre-authorized payment arrangements.
Our rules and regulations and other agreements. Your designated account(s) may also be governed by other agreements between you and us. The terms and conditions of the deposit agreements and disclosures for each of your Credit Union account(s) as well as your other agreements with the Credit Union such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
Evidence. If we go to court for any reason, we can use a copy, microfilm, microfiche, electronically reproduced or photograph of any document or person to prove what you owe or that a transaction has taken place and the copy, microfilm, microfiche, electronically reproduced or photograph will have the same validity as the original.
Collection Expense. If we ever have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorney's fees.
Termination of Services
NAFT Federal Credit Union reserves the right to terminate this Online Access Agreement and your access to Online Services through Bank365, in whole or in part, at any time.
Change to Terms, Fees or Charges
NAFT Federal Credit Union reserves the right to change charges, fees and other terms in this Online Access Agreement. You will be provided with advice of the change at least thirty (30) days prior to the effective date of the change unless an immediate change is necessary to maintain the security of the system. You may accept or decline the change by continuing or discontinuing the applicable service.
Disclosure of Account Information
You authorize NAFT Federal Credit Union to disclose to third parties information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:
- To comply with government agency or court orders or request; or
- To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- Where it is necessary for completing transfers; or
- To provide services relating to your account or to offer other products and services;
- The Credit Union's service providers may disclose member information when required by law, or third parties involved in providing Bank365 Services
- Where it is necessary for completing or documenting transactions or resolving errors involving transactions.
NAFT Federal Credit Union will not be responsible for member errors or negligent use of the Bank365 service and will not be responsible for losses due to the following:
- Input errors or misuse of the Bank365 services.
- Negligent handling or sharing of User Logon ID and Security Codes leading to unauthorized access to your accounts.
- Failure to safeguard your computer during an online home banking session
- Failure to report known instances of unauthorized account access within 2 business days.
Protecting your Account
Your role is very important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call our Member Service Department at 956-787-2774. In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your Social Security Number, driver's license number, etc. The disclosure of the information by itself or together with information regarding your account may allow unauthorized access to your account(s). It is your sole responsibility to protect personal information with the same level of care that you protect your account information.
Safeguarding Your User Logon ID and Security Code.
You will access your Accounts via the Services by using your Bank365 User Logon ID and Security Code (�USER LOGON ID AND SECURITY CODE�). We reserve the right to require additional login procedures in order to authenticate the user. You agree to keep your USER LOGON ID AND SECURITY CODE secure by memorizing it or keeping it in a safe place, not disclosing it to any third party. You agree not to record or display the USER LOGON ID AND SECURITY CODE in such a manner that it will be accessible by unauthorized third parties. You agree not to leave your PC or mobile device unattended while logged into the Services, and you will promptly log off each time you finish using the Services. You understand that any person having access to your USER LOGON ID AND SECURITY CODE will be able to access the Services and perform all transactions, including reviewing Account information and making transfers to other Accounts and persons. Anyone to whom you disclose your USER LOGON ID AND SECURITY CODE or give access to your USER LOGON ID AND SECURITY CODE is deemed an authorized user for which you will be liable. If you authorize another person to use your USER LOGON ID AND SECURITY CODE in any manner, your authorization is considered unlimited in amount and manner. You are responsible for any transactions made by any such person. You are responsible for reporting the loss, theft, or compromise of your USER LOGON ID AND SECURITY CODE to us as soon as possible after you learn of it or suspect that unauthorized use has or may occur. For your security, we may restrict access to the Services without notice if we suspect fraudulent activity.
Your periodic statements will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions.
In case of errors or questions about your electronic transfer. In case of errors or questions about electronic transfers, telephone us at the number below, E-mail us at firstname.lastname@example.org, or send us a written notice to the address below as soon as possible. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
NAFT Federal Credit Union
P.O. Box 771, Pharr, Texas 78577-0771
- Tell us your name and member number.
- Describe the error or the electronic 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 10 business days. We will notify you with the results of our investigation within 10 business days (20 business days if your complaint or question involves a transaction to or from an account within 30 days after the first deposit to the account was made) after we hear from you. We will correct any error promptly. If we need more time, we may take up to 45 days (90 days if your complaint or question involves a transaction to or from an account within 30 days after the first deposit to the account was made) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 days if the complaint or error involves a transaction to or from an account within 30 days after the first deposit to the account was made) for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may request copies of the documents we used in our investigation.
Information about Bank365 Services
In order to access your accounts online through Bank365 you must be a member in good standing of NAFT Federal Credit Union. In addition, you must sign up for Bank365 at any of the Credit Union's offices. At the time you sign up for Bank365 you will choose an initial User Logon ID and Security Code that is used to access these services. The Bank365 link is located on the credit union's home page at www.naftfcu.coop.
User Logon ID and Security Code
The User Logon ID and Security Code used to access the Bank365 system is case sensitive allowing upper and lower case letters to be used. It is also alpha numeric allowing both letters and numbers to be used. The User Logon ID and Security Code must contain at least 7 characters and will accept a maximum of 15. It is also required for you to use at least one number and one letter. For added security, it is highly recommended that you safeguard your User Logon ID and Security Code, change it regularly. To change your User Logon ID and Security Code click on the other services button on the Bank365's main menu screen.
The following account types can be accessed through Bank365 for informational purposes:
- Share Savings trailer (00)
- Share Draft (Checking) trailers (91) (92) (93),
- Special Savings trailer (62)
- Christmas Club Account (63)
- IRA Club Accounts (64 - 69)
- Term Share Certificates (71-79)
- IRA Term Share Certificates (81-89)
- Loan Trailers (21-39)
The type of transfers that are allowed are as follows:
From Share Savings trailer (00) to trailers (61,62,63,91,92,21-39)
From Special Savings trailer (61) to trailers (00,62,63,91,92,93,21-39)
From Personal Savings trailer (61) to trailers (00,61,63,91,92,93,21-39)
From Share Draft (Checking) trailers 91,92,93 to trailers (00,61,62,63,21-39)
From trailers (00,61,62,91,92,93) to other accounts of which you are an owner that have been approved by the Credit Union.
Fees and Charges
There are certain fees and charges for BANK365 Online Services. For a current listing of all applicable fees, see our current Rate and Fee schedule that was provided to you at the time you applied for a requested these electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.
Electronic Mail (e-mail)
Through BANK365 you are able to communicate with Bank365 Customer Service via email. BANK365 also allows members to apply for new accounts and loans through a link on the BANK365 home page. However, in most cases you will be required to come into one of our offices to complete the process to sign the appropriate documents and receive the necessary disclosures. For other purposes you may contact the credit union via our regular e-mail address at email@example.com or you may contact the credit union by telephone at 956-787-2774.
Current Bank365 Services
- Current Account Balances
- Payroll or ACH Distribution
- Loan Information
- Demo Button
- Loan and Savings Calculator
- On-line help screens
- Transfer funds between trailers of the same account.
- Transfer funds to other accounts you own that have been approved by the Credit Union
- Multiple Display and Sort Options
- Draft (check) images
- Schedule Recurring Transfers
- Receive E-Statements
- Send and Receive E-mails to Bank365 Customer Service
- Learn how to use other online services offered through Bank365
- Receive Alerts
- Access Bank365 Bill Payment Services
The following is the amount of account histories that will be available for viewing on the various account types.
- Share Savings trailer (00) 720 days
- Share Draft (Checking) trailers (91) (92) (93) 365 days
- Special Savings trailer (62) 720 days
- Christmas Club Account (63) 720 days
- IRA Club Accounts (64 - 69) 720 days
- Term Share Certificates (71-79) 720 days
- IRA Term Share Certificates (81-89) 720 days
- Loan Trailers (21-39) 720 days
Minimum System (hardware) Requirements
Internet Capable Device (I-Pad, PC, Smart Phone)
Internet Browser that supports 128 Bit Encryption
Bank365 Hours of Operation
Bank365 is available seven days a week, 24 hours a day. At times the system may be unavailable due to system maintenance. At these times you may use C-U by Phone or come into one of our offices.
NAFT FEDERAL CREDIT UNION
BANK365 MOBILE BANKING AGREEMENT
1. Defining Terms and Scope of Agreement. This Agreement governs use of the Credit Union's BANK365 Mobile Banking Services (the "Services"). In this Agreement, the words "you" and "your" mean each person who is an Account owner or is authorized by an Account owner to use the Services or to transact on the accessed deposit or loan Account. "We," "our," "us," and "Credit Union" mean the credit union named above. By enrolling in, requesting, using, or authorizing any other person to use the Services, you agree to the terms of this Agreement, which we may amend from time to time. You also authorize the Credit Union to make account transfers, bill payments, and perform any other additional transactions via the Services as we may offer and you may request from time to time. This Agreement and any additional terms and conditions we may provide to you in connection with the Services supplement and are incorporated into your Bank365 Online Banking agreement with us. Your Membership and Account Agreement with us also continues to govern your Credit Union membership and share accounts, and this Agreement does not modify any other agreements you have with us except as provided herein. In the event the terms of this Agreement or any additional terms for the Services conflict with any other agreement you have with us, the terms of this Agreement and any additional terms for the Services will control unless the terms of the other agreement expressly supersede this Agreement.
2. Description of the Services. The Services allow you to access your Credit Union Accounts with your mobile device to (i) perform fund transfers between your Accounts, (ii) manage and schedule bill payments with payees you have pre-established through the BANK365 Bill Payment service, and (iii) perform certain transaction inquiries, Account transactions, and receive certain alerts via text messaging. Bill payment services are subject to the BANK365 Bill Payment agreement(s) we have with you. We reserve the right to limit the Services in any manner or refuse any transaction at any time without notice to you.
3. Access to the Services. The Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible for brief periods each week for system maintenance and other necessary downtime. We will attempt to limit interruptions to the Services, but we are not responsible for failure to provide the Services due to system maintenance, other necessary downtime, or any unforeseen acts or circumstances outside of our control.
4. Using the Services. You represent that you are an Account owner or an authorized user on any Account you access. You agree to follow any instructions we provide in connection with your use of the Services. You are responsible for the proper operation of your mobile device and any Internet or cellular data service used to access the Services. All communications sent to us through the Services are our property. We are not responsible for any charges, expenses, or costs you may incur as a result of use or misuse of your mobile device or any Internet or cellular data service. If you should experience an interruption while conducting a transaction using the Services, you should immediately logout of the Services and login again to verify if your transaction has been completed. If you cannot login to the Services, you agree to contact the Credit Union promptly to determine if the transaction has been completed. In order to avoid duplicate transactions, you agree not to re-request a transaction performed during an interrupted session. If you conduct a duplicate transaction payable to a third party, we will not be responsible if the third-party refuses to refund the duplicate transaction amount.
Government regulations restrict the number of automatic and preauthorized transfers from your Share (Trailer #00), Special Savings (trailer #61) and Personal Savings Account (Trailer #62) Accounts to no more than an aggregate of six per month per Account. Automatic overdraft protection transfers made from your Share Account (Trailer #00), Special Savings Account (Trailer #61) and Personal Savings Account (Trailer #62) to cover transactions made from your Checking Account are included when counting the permissible number of monthly transfers. We may charge a fee, refuse to complete a transfer, or suspend your access to the Services and other electronic fund transfer services if you exceed these limitations.
5. Compliance with Law. You may not use the Services in any way that violates applicable law. You may not use the Services from any location where the content provided by the Services or use of the Services is illegal, and you assume all responsibility and risk of loss if you do so.
6. System Requirements. To use the Services, you must be enrolled in the BANK365 Online Banking service. If we offer a mobile application ("App") and you wish to access the Services through the App, you must download the App through an approved application provider such as the Apple App Store or Android Market. There is no charge for the mobile banking App, but you may incur Internet or data charges when downloading the App. You are responsible for acquisition and maintenance of a mobile device capable of accessing the Services. You must have access to Internet service and/or a wireless service plan to access the Services, and you are responsible for all costs, fees, and expenses related to your mobile device and access service plans, including without limitation, data and text messaging charges and fees. The Services may not be available through some networks or in some locations. If we offer text or email messaging in connection with the Services, you may be required to separately register your mobile device with a U.S. telephone number and consent to receive text and email messages from us. If you consent, you expressly agree that we may communicate with you by way of text messaging or email, and you expressly authorize us to communicate with you by text messaging or email for any purpose. STANDARD INTERNET OR TEXT MESSAGING FEES MAY APPLY. To stop receiving text messages, you must follow the instructions we provide to you when registering your mobile device. We are not responsible for any problems or failures related to your mobile device, Internet or cellular service provider, or any other service provider that may affect your access to the Services.
7. Safeguarding Your Personal Identification Number. You will access your Accounts via the Services by using your BANK365 User Logon ID and Security Code. Text messaging services do not require a USER LOGON ID AND SECURITY CODE. We reserve the right to require additional login procedures in order to authenticate the user. You agree to keep your USER LOGON ID AND SECURITY CODE secure by memorizing it or keep your User Logon ID and Security Code it in a safe place, not disclosing it to any third party other than those to whom you provide your express authorization, and you will not record or display the USER LOGON ID AND SECURITY CODE in such a manner that it will be accessible by unauthorized third parties. You agree not to leave your mobile device unattended while logged into the Services, and you will promptly log off each time you finish using the Services. You understand that any person having access to your USER LOGON ID AND SECURITY CODE will be able to access the Services and perform all transactions, including reviewing Account information and making transfers to other Accounts and persons. You agree that use of your USER LOGON ID AND SECURITY CODE by you, any other applicant, any party to any of your Accounts that may be accessed by the USER LOGON ID AND SECURITY CODE, anyone you permit or authorize to use your USER LOGON ID AND SECURITY CODE, and anyone to whom you disclose your USER LOGON ID AND SECURITY CODE or give access to your USER LOGON ID AND SECURITY CODE is deemed an authorized user for which you will be liable. If you authorize another person to use your USER LOGON ID AND SECURITY CODE in any manner, your authorization is considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization. You are responsible for any transactions made by any such person until you notify us in writing that transfers by that person are no longer authorized and we have had a reasonable opportunity to act upon your notification.
You are responsible for reporting the loss, theft, or compromise of your USER LOGON ID AND SECURITY CODE to us as soon as possible after you learn of it or suspect that unauthorized use has or may occur. For your security, we may restrict access to the Services without notice if we suspect fraudulent activity.
8. Internet and Wireless Security. You understand that wireless communications may not be encrypted and that there are risks in accessing the Services with your mobile device. Subject to applicable law, you expressly agree to assume all such risks. Text messages and other wireless communications may not be confidential or secure. Accordingly, you agree to exercise precautions to safeguard your mobile device, your identity, your Accounts, and your Account information. You understand that anyone who obtains possession of a mobile device of yours that has been registered for text messaging will be able to obtain your Account information without a inputting a USER LOGON ID AND SECURITY CODE. You agree never to provide your personal information or Account information to any person or through any wireless network you do not know or whose identity you cannot verify. If you do, you assume all risks, subject to applicable law. We will never contact you by telephone, text messaging, email, or otherwise and ask you to provide us your personal or Account information, including your Social Security number, USER LOGON ID AND SECURITY CODE, and Account numbers. You agree not to disclose your personal and Account information to unknown persons through these mediums for any reason. You agree to remain vigilant for phishing and other fraudulent scams and notify us promptly if you become aware of or suspect fraudulent activity involving your identity, your Accounts, or the Credit Union. You agree to notify us immediately if your mobile device is lost, stolen, or destroyed or if you change your telephone number, email address, or other contact information. You understand that, if your mobile device is lost or stolen, you may not receive important messages that we have sent to you. We are not responsible for messages not received from us and any associated messaging fees. If you fail to exercise reasonable care to protect your identity and safeguard your mobile device and Accounts, we will not be liable, subject to applicable law.
9. No Warranty. THE MOBILE BANKING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERUPTED OR ERROR-FREE. NEITHER THE CREDIT UNION NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY ON ANY EQUIPMENT, HARDWARE, SOFTWARE, OR THE SERVICES, OR WITH RESPECT TO YOUR INTERNET OR CELLULAR SERVICE PROVIDER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR PERFORMANCE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT, YOUR SOFTWARE, OR ANY TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS IN ANY MATERIAL PROVIDED TO YOU IN CONNECTION WITH THE SERVICES. IF WE DO NOT COMPLETE A TRANSFER YOU HAVE REQUESTED, WE MAY BE LIABLE TO YOU, BUT ONLY FOR YOUR ACTUAL LOSSES AND DAMAGES UP TO THE AMOUNT OF THE TRANSFER. WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE, OR THE SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL WE BE LIABLE:
- If, through no fault of ours, you do not have adequate funds in your Account to complete a transaction or your Account is closed.
- If you have not properly followed any applicable mobile device, Internet or cellular data access, or user instructions.
- If your mobile device fails or malfunctions or the Services were not properly working and such problem should have been apparent when you attempted the transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent us from making the transaction.
- If the funds in your Account are subject to an administrative hold, legal process, or other claim.
- If you have not given us complete, correct, and current instructions so that we can process the transfer.
- If the error was caused by a system beyond our control, such as that of your Internet or cellular data access provider.
- If you do not authorize a transfer soon enough for your transfer to be made.
- If you have closed the Account to or from which the transfer was to be made.
- We may establish other exceptions from time to time.
11. Indemnification. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE CREDIT UNION, ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL COSTS, CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES OR IF YOU VIOLATE THIS AGREEMENT.
12. Additional Services. We may introduce new services or enhance the existing Services from time to time. We will notify you when these new or enhanced services are available. By using new services when they become available, you acknowledge and agree that those services are governed by this Agreement and any additional terms we may provide to you.
13. Overdrafts and Non-Sufficient Funds. You agree that your use of the Services shall be subject to our overdraft policies and the overdraft provisions as set forth in the Membership and Account Agreement. If there are insufficient funds available in your Account or from any other form of overdraft protection, we may not process a transaction you have requested. In such event, you understand and agree that you will be responsible for making alternate arrangements for the transaction. We are under no obligation to process a transaction for which sufficient funds are not available, and we are not required to notify you in such event. In the event we do decide to process a transaction for which sufficient funds are not available, we will charge the total cost of the transaction to you, including any overdraft fees or service charges.
14. Stop Payment. You acknowledge and agree that you may not stop payment of Account transfers initiated through your use of the Services, except that you may cancel bill payment transactions if you complete the cancellation before the cutoff time we have specified in our Bill Payer agreement with you.
15. Amendments. We may add to, change, or delete the terms of this Agreement at any time subject to such notice as may be required by applicable law. Your use of the Services following receipt of any such notice constitutes your acceptance of any such change. Use of the Services is subject to our policies, procedures, and existing regulations governing your Accounts and to any future changes to those policies, procedures, and regulations.
16. Termination of the Services. We may terminate this Agreement and your use of the Services, in whole or in part, at any time without notice. You or any other party to your Account may terminate the Services at any time by notifying us in writing and following any other termination instructions we may provide. Termination will be effective after we have received and have had a reasonable time to act on your notification. Termination by you only applies to the Mobile Banking Services and does not terminate your other relationships with us. When you terminate the Services, any scheduled and unprocessed bill payments will not be canceled. If you wish to cancel scheduled bill payments, you must access the bill payment service though the Bill Payer service.
17. Enforcement and Governing Law. To the extent not preempted by applicable federal law, this Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, and it is deemed executed in Hidalgo County, Texas. You agree that if there is any inconsistency between this Agreement and any applicable law, regulation, or rule, the terms of this Agreement shall prevail to the extent that any such law, regulation, or rule may be modified by agreement between us.
18. Fees. Use of the Services is subject to applicable fees as set forth in our Truth-in-Savings Fee Schedule and other agreements we have with you. You are also responsible for any fees charged to us by third parties in connection with your use of the Services. We may charge any Account on which you are an owner for all such fees without advance notice to you.
19. Contact in Event of Unauthorized Transfer. If you believe your USER LOGON ID AND SECURITY CODE has been lost, stolen, compromised, or that someone has transferred or may transfer money from your Account without your permission, call or write to us at:
NAFT Federal Credit Union
P.O. Box 771
Pharr, TX 78577
Telephoning us as soon as possible is the best way of keep your possible losses down.
Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting. If you believe your USER LOGON ID AND SECURITY CODE have been lost, stolen, or compromised, you should change your USER LOGON ID AND SECURITY CODE immediately by accessing the "Change USER LOGON ID AND SECURITY CODE" feature in the Online Banking service.
Tell us AT ONCE if you believe your USER LOGON ID AND SECURITY CODE has been lost, stolen, or compromised. 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 business days, you can lose no more than $50 if someone used your USER LOGON ID AND SECURITY CODE without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your USER LOGON ID AND SECURITY CODE, and we can prove we could have stopped someone from using it without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
20. In Case of Errors or Questions about Your Electronic Transfers. Write to us or call us at the address and telephone numbers listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on your Account statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
- Tell us your name and Account number.
- Describe the error or the transfer 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 business days.
We will tell you the results of our investigation within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten business days for the amount you think is in error, so that you will have the use of the money 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 business days, we may not credit your Account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three 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.
21. Business Days. Our business days are Monday through Friday excluding federal holidays.
22. Documentation. All withdrawal and transfer transactions made using the Services will be listed on your monthly Account statement that you receive from us. You may also access your transaction history through the Online Banking service. If you do not receive a monthly Account statement from us, we will send you a statement at least quarterly.
23. Confidentiality. We will disclose information to third parties about your Account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
Supplemental Terms and Conditions for Bank365-Mobile Services
Thank you for using Bank365-Mobile Services ("Services") and any related Software ("Software") provided by NAFT Federal Credit Union ("Financial Institution") combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.
Terms and Conditions:
a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service ("SMS"), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
b. Questions: You can contact us at firstname.lastname@example.org or 956-787-2774, or send a text message with the word "HELP" to this number: (59289). We can answer any questions you have about the program.
c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: (59289). You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam", and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any Software or Services for which your use has not been authorized; or (b) use or attempt to use a third party's account; or (c) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software; or (d) otherwise abuse the Services or Software.