|
Bank365 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.
Liability
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 naft@naftfcu.coop, 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.
Transaction Limitations
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.
-
In accordance with the
Credit Union's Privacy Policy which is attached to this
Agreement.
**NAFT Federal Credit Union's
Privacy Policy can be viewed and printed from our website
located at www.naftfcu.coop.
Click here to view
our Privacy Policy
Negligence
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.
Account Statements
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 naft@naftfcu.coop, 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.
956-787-2774
NAFT Federal Credit Union
Attention: Bank365
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
Account Access
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.
Account Types
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 naft@naftfcu.coop 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
Account Histories
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 Connection
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.
VIEW OUR
ELECTRONIC FUNDS TRANSFER DISCLOSURE HERE
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:
(956) 787-2774
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 naft@naftfcu.coop 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.
|
