HOME BANKING24 / E-STATEMENTS
Disclosure and Agreement
We are the Stoneham ME Federal Credit Union ("SMEFCU" or "Credit Union"), referred to as "we", and located at 40 Pine Street, Stoneham, MA, 781-438-3959. "You" refers to the member-owner of a SMEFCU share account who has requested access to our online banking service, HOME BANKING24 / VIRTUAL BRANCH.
In order to use HOME BANKING24, we recommend you review the VIRTUAL BRANCH web pages for important information, including browser and operating system requirements. HOME BANKING24 access is available over the Internet. You can access HOME BANKING24 from the Home Page of our website at www.smefcu.org, or at Internet address https://www.netit.financial-net.com/smefcu/cgi-bin/ebs.
By registering for the online service and/or logging on to our web site and choosing to use HOME BANKING24, you agree to the terms and conditions of this Agreement and (after their effective date) any changes in such terms and conditions, apply to you and any others whom you permit to use HOME BANKING24. You also agree to all rules and regulations affecting the use of your Password and HOME BANKING24 services provided by us for your convenience. To the extent allowed by law, you are also agreeing that any communication from us to you, including this Agreement and any disclosures or other information required to be delivered in writing under applicable law, may be delivered to you in electronic form, and that such electronic communication shall be in lieu of written communication. If you do not agree with the terms and conditions, you may not use HOME BANKING24. By using HOME BANKING24, you consent to the electronic transmission of personal financial information. Your consent will be deemed effective for as long as you use HOME BANKING24.
You must be an owner of a deposit account ("account") in order to access it through HOME BANKING24. You agree that each owner of an account is authorized to access all of the funds held in that account. We are entitled to act on transaction instructions received using your Credit Union SECURITY CODE, and you agree that the use of your SECURITY CODE will have the same effect as your signature authorizing the transaction. We reserve the right to deny HOME BANKING24 transactions under certain circumstances.
LIMIT OF OUR LIABILITY
We agree to make reasonable efforts to ensure proper operation of HOME BANKING24. We will respond only to those instructions that are actually received and will not be responsible for malfunctions in communications and other facilities not under our control that may affect the accuracy or timeliness of your transmissions. We are not responsible for problems related to the use of any Internet service provider providing your connection to the Internet or caused by any browser software.
UNLESS PROHIBITED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE AND THE ONLINE SERVICE FOR HOME BANKING24.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES CONCERNING HOME BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
You are responsible for the installation, maintenance and operation of your computer. We are not responsible for any errors or failures caused by any malfunction of your computer, and we are not responsible for any computer virus or related problems that may be associated with the use of HOME BANKING24, your computer or other Internet access. You are responsible for all telephone charges incurred in connecting to HOME BANKING24 and for charges by any Internet service provider providing connection to the Internet.
Your Personal Identification Number (SECURITY CODE) will be your “remote banking signature”. You are responsible for maintaining its confidentiality. You should make every effort to safeguard your password to prevent unauthorized use and to report any loss or theft immediately.
You should never provide your SECURITY CODE to a third party. If you do so, you are authorizing that party to make transactions on your account. Therefore, you are responsible for any transactions, including transfers from your account, resulting from your furnishing your SECURITY CODE to a third party. We will not be liable for and will not reimburse you for any losses that may occur as a result of this authorized use of your SECURITY CODE.
Upon acceptance of your application to SMEFCU’s HOME BANKING24 online banking product, you may access your account at any time, seven days a week, twenty-four hours a day via the Internet, except during any special or scheduled maintenance periods. Using standard PC communications software and your own password, you may obtain account balance and history information and transfer funds to and from any of the sub-accounts existing under your primary account number.
We allow a HOME BANKING24 SECURITY CODE only to the primary account holder. The member may not make transfers to and from any account on which they are a joint owner.
SMEFCU reserves the right, at any time and at its' sole discretion, to limit the amount of online access time per month or per session.
FEES AND CHARGES
Currently there are no fees to use HOME BANKING24. All standard fees (i.e., overdraft, etc.) set forth in our rate and fee schedule applies. We reserve the right to institute charges for HOME BANKING24 account access or transactions in the future, but only after written notification to you at least ten (10) days in advance.
ELECTRONIC STATEMENTS - (E-Statements)
The Stoneham ME Federal Credit Union (SMEFCU) will deliver your monthly statements to you electronically. The credit union will notify you by e-mail when the statements are available to view through the HOME BANKING24 secure web site. You also understand you will no longer receive paper statements via U.S. postal mail unless you request in writing or by e-mail to discontinue electronic statements. By discontinuing electronic statements, you also forfeit the right to use and be enrolled in the online banking program, HOME BANKING24.
YOUR RIGHT TO RECEIVE DOCUMENTATION
All of your HOME BANKING24 account activity will appear on your regular account statement. The Credit Union will not provide separate documentation of this activity. You may print the confirmation of each transaction from your computer screen for your records.
OUR 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, we will be liable for your losses or damages as required by Federal law. However, there are some exceptions. We will not be liable if:
1. Through no fault of ours, you do not have enough money in your account to the make the transfer.
2. The transfer goes over the credit limit on a loan (not available at this time).
3. HOME BANKING24 was not working properly and you knew about the breakdown when you started the transfer.
4. Circumstances beyond our reasonable control (including, but not limited to, acts of God, strikes, lockouts, riots, acts
of war, government regulations imposed after the fact, fire, flood, and earthquakes) prevent the transaction.
5. The funds in your account are subject to a court order or other restriction preventing the transfer.
6. Your account is not in good standing due to, but not limited to: delinquent loans, negative account balances, etc.
There may be other exceptions stated in our agreement with you.
LIMITATION ON TRANSFERS
Your ability to transfer funds between certain accounts is limited by law. Federal regulations limit pre-authorized transfers from your Regular Share (savings) account to other accounts or third parties to no more than six (6) transfers per account per month. This includes transfers by phone, fax, wire and cable, overdraft transfers to checking, and Internet instruction. Transfers made from the Regular Share (savings) account made through HOME BANKING24 are counted against the permissible number of transfers or payments.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You agree not to provide your account number and password to anyone else and to take reasonable precautions to safeguard your account number and password. If you permit someone other than yourself to use your HOME BANKING24 access (per your signed agreement with us), all transactions are considered to be authorized by you and you are liable for this transaction. Notify us immediately if you believe your Password has been lost or stolen. Prompt notification by telephoning is the best way of alleviating potential losses. If you properly notify us within two business days, your liability for unauthorized and improper use of your Password is limited to $50.00.
Your failure to notify us may result in the loss of money in your accounts. If you do NOT notify us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had notified us, you could lose as much as $500.00. If your statement shows transfers that you did not make, notify us immediately. If you do not notify us within (60) days after the statement was mailed to you, you may not get any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If you believe your SECURITY CODE has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call Member Services at 781-438-3959. You can also follow up with a letter to us at Stoneham ME FCU, 40 Pine Street, Stoneham, MA 02180.
In case of errors or questions about your electronic transfers, call or write us as soon as possible. Contact us if you believe your statement or receipt is incorrect, or if you need more information about an item listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. Your inquiry must include:
1. your name and account number,
2. a description of the error or transfer you are unsure about with a clear explanation as to why you believe it is an
error or why you need more information, and
3. the dollar amount of the suspected error.
If you inform us verbally, we may require that you send in your complaint or questions in writing within ten (10) business days. We will notify you with the result of our investigation within ten (10) business days after we hear from you and 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 re-credit your account within ten (10) business days for the amount you think is in error to give you full use of the money while we complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) days, we may not credit your account.
If we decide there was no error, we will send you a written explanation within five (5) business days after we complete our investigation. You may ask for copies of documents that we used in our investigation.
The Credit Union will disclose information to third parties about your account:
1. where it is necessary for completing transfers; or,
2. in order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; or,
3. in order to comply with government agencies or court orders; or,
4. if you give us written permission.
Monday through Friday 9:00am to 4:30pm, Saturday 8:30am to 12:00pm, excluding legal holidays.
We reserve the right to amend this Agreement in our sole discretion and from time to time, upon at least thirty (30) days notice to you prior to the effective date of any amendment or change. If, however, the change is made for security purposes, the change will be implemented without any notice to you. We will notify you of any such change or amendment electronically by posting such notice on our HOME BANKING24 website.
We may cancel your HOME BANKING24 privileges at any time without notice or cause. You may cancel this agreement at any time by providing written notice to us that you wish to cancel. Cancellation will be effective as of the date we receive the notice. Any cancellation or termination will not affect your existing liability to us. In that event, all rights and obligations for any transaction(s) that occurs before the Credit Union receives notice of the cancellation shall be determined by this agreement.
ASSIGNMENT AND DELEGATION
You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity, without our written consent. Any such unauthorized assignment or delegation shall be deemed void.
1. All credits for items are provisional and accepted subject to the provisions of the Uniform Commercial Code.
2. Except as may be superseded by applicable Federal Law, this agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Massachusetts.
3. Any failure or delay by us in exercising any of our rights or remedies will not constitute a waiver.
4. The section headings are for convenience only and shall not be controlling as to the meaning of each section.
5. Each section or provision of this Agreement is severable, and if one or more section(s) is declared invalid, the
remaining sections and provisions shall remain in full force and effect.
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