This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of Online Banking AND the Bill Payment ("Service" or "Services"). It also describes the rights and obligations of Minnco Credit Union ("Minnco"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
Please read this Agreement carefully and print it for future reference. By clicking "I Agree" or by using the Services, you are acknowledging and agreeing that the terms and conditions outlined in this Agreement will apply to and govern your use of the services.
I. Definitions
The following definitions apply in this Agreement:
1. "Authorized Representative" refers to a person with authority (with respect to the account);
2. "Bill Payment" is the online service that enables the scheduling of bill payments using an internet enabled device (Minnco's ePay service);
3. "Bill Payment Account" means the Minnco account from which you will be conducting transactions using Bill Payment;
4. "ISP" refers to your Internet Service Provider;
5. "Online Banking" is the internet-based service providing access to your Minnco account(s); eBranch (Minnco's online banking platform) and Minnco Mobile (Minnco's mobile banking service);
6. "Online Account" means the Minnco account from which you will be conducting transactions using a Service;
7. "Password" is the member-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
8. "Internet Enabled Device " means your personal computer or other device which enables you, with an Internet browser and ISP, to access your Online Account;
9. "Time of day" references are to Central Standard Time;
10. "User ID" is the identification code created by you for your connection to the Service, after initially logging in to the Service using your member number;
11. "We", "us", or "Minnco" refer to Minnco Credit Union which offers the Services and which holds the accounts accessed by the Services; and
12. "You" or "your" refers to the owner of the account or the authorized representative.
II. Access to Services
Minnco will provide instructions on how to use Online Banking and Bill Payment. You will gain access to your Online Accounts through the use of your Internet Enabled Device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software. Minnco will not be responsible for any errors or failures involving any telephone or cable service, your Internet Enabled Device, or any ISP.
III. Banking Transactions with Online Banking
A. Account Access. You may reach Online Banking at www.minnco.com.
B. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts, savings accounts and money market accounts.
NOTE: Because regulations require Minnco to limit preauthorized transfers (including Online Banking transfers), you may not make more than six withdrawals and transfers from your savings accounts or money market accounts to another account of yours or to a third party in any month by means of a preauthorized, automatic, or Internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee or be closed. We will not be required to complete a withdrawal or transfer from your accounts if you do not have enough money in the designated accounts to cover the transaction; however, we may complete the transaction. You agree not to use Online Banking to initiate a transaction that would cause the balance in your Online Account to go below zero. If you have a line-of-credit, you agree not to use Online Banking to initiate a transaction that would cause the outstanding balance of your line-of-credit to go above your credit limit. We will not be required to complete such a transaction, but if we do, you agree to pay us the excess amount or improperly withdrawn amount or transferred amount immediately upon our request. We also will refuse to complete your Online Banking transactions if we have canceled your Online Banking access, or we cannot complete the transaction for security reasons.
C. Additional Services. New services may be introduced for Online Banking from time to time. Minnco will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
IV. Schedule of Fees
Minnco currently offers the benefits and convenience of Online Banking and Bill Payment to you for free. However, we may implement a fee at any time by providing you notice as required by applicable federal and/or state regulations/laws. If at that time, you choose to discontinue using Online Banking and/or Bill Payment, you must notify us in writing.
V. Statements
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
VI. Use of Your Security Password
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call Minnco immediately at 763-689-1071 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Thursday and 8:00 a.m. and 6:00 p.m. on Friday. Telephoning Minnco is the best way of minimizing your losses and liability. (See; Section XII)
If you believe your Password has been lost or stolen, please use the Password change feature within Online Banking to change your Password.
VII. Electronic Mail (E-mail)
If you send Minnco an e-mail message, Minnco will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
VIII. Bill Payment
A. Description of Service. Bill Payment permits you to use your Internet Enabled Device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through Bill Payment, you can pay bills from your Bill Payment Account to businesses or individuals.
All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for Bill Payment. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using Bill Payment from time to time. You should not use Bill Payment to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
B. Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may, in our sole discretion, make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in Bill Payment, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.
For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, Bill Payment will send a check that may take up to ten (10) business days to reach the payee. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee.
C. No Duty to Monitor Payments. Minnco is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Minnco will not be liable in any way for damages you incur for any of the following reasons:
If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, Bill Payment will automatically block future Bill Payment activity until the account has sufficient funds to make the payment. Minnco shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting Minnco at 763-689-1071 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.
D. Cancel or Change Payment Instructions. Payments must be changed or canceled using Online Banking prior to the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by Minnco, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. Minnco may pay any item that is presented following the lapse of any stop payment order.
E. No Signature Required. When any payment or other online service generates items to be charged to your account, you agree that we may debit your Bill Payment Account without requiring your signature on the item, and without prior notice to you.
F. Multiple Person Bill Payment Accounts. If more than one person has access to a Bill Payment Account, each person may individually enroll in Bill Payment. Each enrolled person needs a unique password but may choose to use the same payee list. Each individual may terminate her/his enrollment in Bill Payment without affecting the Service for any other person enrolled in that Bill Payment Account. However, any enrolled person may terminate Bill Payment that will terminate the service for all enrolled persons on that Bill Payment Account.
IX. Linked Accounts
All accounts with Minnco that you enroll in a Service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:
X. Business Accounts
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
XI. Term and Termination
A. Termination for Cause. We can immediately terminate your Services without notice to you under the following circumstances:
1. you do not pay any fee required by this Agreement when due or
2. you do not comply with this Agreement or the agreements governing your deposit or loan accounts or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or terminate your use of the Services for any other reason.
XII. Electronic Fund Transfer Provisions For Consumers
A. Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit your checking, savings or other account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, Minnco may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
B. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
1. If you notify Minnco within two (2) business days after your Password was lost or stolen or if any of your accounts have been accessed without your authority, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less
2. If you fail to notify Minnco within two (2) business days after your Password was lost or stolen or if any of your accounts have been accessed without your authority, your liability will not exceed the lesser of $500.00 or the total of:
3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred within the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above.
4. If the report is made orally, we will require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
5. You may notify Minnco by telephone at 763-689-1071, in writing to Minnco Credit Union, attention Online Banking, 235 W. First Ave., Cambridge, MN 55008, or by email at [email protected]. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.
C. Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking or Bill Payment transaction, call 763-689-1071 or write us at: Minnco Credit Union, attention Online Banking, 235 W. First Ave., Cambridge, MN 55008.
We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
1. Your name and account number
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
3. The dollar amount of the suspected error and date on which it occurred.
XIII. Liability
A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment accounts. Unless otherwise required by applicable law, we are only responsible for performing Online Banking and Bill Payment as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
1. If through no fault of Minnco, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with Minnco policy.
4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify Minnco immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
THE FOREGOING SHALL CONSTITUTE THE MINNCO'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL MINNCO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICES. MINNCO'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS).
B. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment Account, the Services or anything pertaining to this Agreement.
C. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider.
D. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your Internet Enabled Device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XIV. General Terms and Conditions
A. Minnco Agreements. In addition to this Agreement, you and Minnco agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. This Agreement incorporates by reference the Minnco Membership and Account Agreement, Funds Availability Policy Disclosure, Truth in Savings Disclosure, and Electronic Fund Transfers Agreement and Disclosure. Your use of Online Banking or Bill Payment is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
B. Changes and Modifications. Minnco may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. Your continued use of any or all of the Online Banking and Bill Payment services indicates your acceptance of this Agreement and any change in terms to this Agreement.
C. Assignment. We may assign this Agreement to an affiliate of Minnco or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without your prior written consent.
D. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
E. Mobile Number Contact Policy. By providing us with a telephone number for your mobile device, you are expressly consenting to receive communications - including, but not limited to, prerecorded and artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. Calls and messages may incur fees from your wireless carrier.
F. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
G. Governing Law. This Agreement is governed by the laws of the State of Minnesota and applicable federal law.
H. Enforceability. If any provisions of this Agreement are found unenforceable or invalid, all remaining provisions will continue in full force and effect.
I. Survival. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.
J. Entire Agreement. This Agreement, together with the Membership and Account Agreement, Funds Availability Policy Disclosure, Truth in Savings Disclosure, Electronic Fund Transfers Agreement and Disclosure and any fee disclosure, which are expressly incorporated herein, constitutes the entire Agreement between you and Minnco with respect to the subject matter hereof and supersedes all previous agreements with respect thereto and there is no understanding or agreements relative hereto which are not fully expressed. If the terms of this Agreement conflict with the terms of the Membership and Account Agreement, Funds Availability Policy Disclosure, Truth in Savings Disclosure, Electronic Fund Transfers Agreement and Disclosure and any fee disclosure, the terms of the Membership and Account Agreement, Funds Availability Policy Disclosure, Truth in Savings Disclosure, Electronic Fund Transfers Agreement and Disclosure and any fee disclosure shall control unless specifically stated otherwise.
K. Exclusions of Warranties. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE AND THE SERVICE MAY BE INTERFERED WITH BY FACTORS OUTSIDE OF OUR CONTROL.