web teller agreement

This Agreement is the contract which covers your and our rights and responsibilities concerning Web Teller services offered to you. In this Agreement, the words "you" and "yours" mean those who sign the Account Card or Web Teller authorization form. The words "we," "us," and "our" mean the HAPO Community Credit Union ("Credit Union"). The word "account" means any one or more share accounts you have with the Credit Union.

By signing an Account Card or completing and transmitting an account authorization form on the Web Teller service, you agree to the following terms governing your and our rights and responsibilities concerning the Web Teller electronic funds transfer services, as applicable. Electronic funds transfers ("EFTs") are electronically initiated transfers of money through your personal computer (Web Teller) transactions involving your deposit accounts at the Credit Union.

1. Web Teller Services
If we approve your application for the Web Teller service, you may use your personal computer to access your accounts. You must use your access code along with your account number to access your accounts. The Web Teller service is accessible seven (7) days a week, 24 hours a day. You will need a personal computer or access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your computer. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At the present time, you may use the Web Teller service to:

• Transfer funds between your Savings and Checking accounts.
• Transfer funds to accounts of other members you authorize for any of your accounts.
• Review account balance, transaction history, direct and tax information for any of your accounts.
• Review information on your loan account including payoff amounts, due dates, finance charges, interest rate, and balance information.
• Review past statements of yours.
• Request a withdrawal from any Savings, Checking, or loan account by check mailed to you.
• Make stop payment requests and other transactions permitted by the Credit Union.
• Communicate with the Credit Union using the electronic mail (E-mail) feature.

Transactions involving your deposit accounts, including checking account stop payment requests, will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.

2. Web Teller Service Limitations
The following limitations on Web Teller transactions may apply in using the services listed above:

1. Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your savings accounts 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. The 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.
   
2. 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.
   
3. E-Mail. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 4.
   
4. Bill Payments. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic and nonrecurring (i.e. payments on merchant charge accounts that vary in amount) or automatic and recurring (i.e. fixed mortgage 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 creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. The Credit Union will not process any bill payment transfer if the required transaction information is incomplete. 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. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. The Credit Union will withdraw the designated funds from your account for the bill payment transfer by midnight on the date you schedule for payment. The Credit Union will process your bill payment transfer within one (1) business day on the date you schedule for payment.

Please make sure 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 at least six (6) days before a bill is due. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit a timely payment authorization.

You may cancel or stop payment or periodic bill payments and automatic, recurring 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 payment you have already scheduled for transmission through the Web Teller service, you may electronically edit or cancel your payment request through the Web Teller service. Your cancellation request must be entered and transmitted through the Web Teller service 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, recurring bill payment transaction, not using the Web Teller service, the 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 the Credit Union at the telephone number set forth in Section 4 to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within 14 days after the call.

3. Security of Access Code
The personal identification code or access code ("access code") that you select is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.

4. Member Liability
You are responsible for all transfers you authorize using the EFT services under this Agreement. If you permit other persons to use or access code, 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 Account, Card or access code and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For VISA CheckCard purchase transactions, if you notify us of your lost or stolen card, you will not be liable for any losses provided you provide us with a written statement regarding your unauthorized card claim, otherwise the following liability limits will apply: For all EFT transactions, if you tell us within two (2) business days, 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 unauthorized use of your account or EFT service, 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 $500.

Also, if your statement shows EFT transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss. If extenuating circumstances (such as a hospital stay) kept you from telling us, we will extend the time periods.

**You may not use a Debit/Check Card or Credit Card for any illegal or unlawful transaction via the internet, and we may decline to authorize any transaction that we believe poses an undue risk or illegality or unlawfulness.

If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us at:

HAPO Community Credit Union
Attn: Member Service Department
601 Williams Boulevard
Richland, WA 99352
(509) 946-1680
(800) 284-4276

5. Business Days
Our business days are Monday through Friday. Holidays are not included.

6. Fees and Charges
There are certain charges for electronic fund transfer services as set forth on the Rate and Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law.

7. Right to Receive Statements
Transfers and withdrawals transacted through Web Teller 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.

8. Account Information Disclosure
We will disclose information to third parties about your account or the transfers you make:

1. As necessary to complete transfers
   
2. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant
   
3. To comply with government agency or court orders
   
4. If you give us your written permission

9. Credit Union 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. However, there are some exceptions. We will not be liable for instance:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.
   
2. If you used the wrong access code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and bill payment transactions
   
3. If your computer fails or malfunctions or the Web Teller services was not properly working and such problem should have been apparent when you attempted such transaction.
   
4. If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
   
5. If the funds in your account are subject to an administrative hold, legal process or other claim.
   
6. If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.
   
7. If there are other exceptions as established by the Credit Union.

10. Preauthorized Electronic Fund Transfers

1. Stop Payment Rights. If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify the Credit Union orally or in writing at the telephone number and address stated above any time up to three (3) business days before the scheduled date of the transfer. The Credit Union may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made.
2. Notice of Varying Amounts. If these regular payments may vary in amount, the company you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be.
3. Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

11. Termination of Electronic Fund Transfer Services
You agree that we may terminate this Agreement and your electronic fund transfer services, if you, or any authorized user of your electronic funds transfer services or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your Card or access code.

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. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

12. Notices
The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The 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 this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

13. Billing Errors
In case of errors or questions about your electronic transfers, telephone us at the phone numbers or write us at the address set forth above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

1. Tell us your name and account number
2. 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
3. Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question (ninety (90) calendar days for new account transactions or errors involving transactions initiated outside the United States). If we decide to do this, we will recredit your account within ten (10) 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 (10) business days, we may not recredit your account.

If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

14. Enforcement
You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the 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 Washington 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.

Funds Availability Policy. Longer delays may apply
We may delay your ability to withdraw funds deposited by check into your account an additional number of days for the following reasons:

• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,000 on any one day.
• You deposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six (6) months.
• There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh (11 th) business day after the day of your deposit.

Special Rules for New Accounts
Funds from electronic direct deposits to your accounts will be available on the day we receive the deposit.

• Cash will be available to your account on the day we receive the deposit.
• Funds from deposits of wire transfers, the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s and federal, state, and local government checks will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the check must be payable to you. We may ask the paying bank to verify information on the check received prior to making funds available in your checking account.
• The excess over $5,000 will be available on the eleventh (11th) business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second (2nd) business day after the day of your deposit.

Funds from all other check deposits will be available on the eleventh (11th) business day after the day of your deposit.

Foreign Checks
Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn. A fee may be charged to process a foreign check. Please contact us for further information about foreign checks.