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electronic services disclosure and agreement

1. However may make an unlimited number of withdrawals from or transfers among my own savings accounts or money market ac counts by mail messenger or in person at the Credit Union or at an ATM may also make an unlimited number of withdrawals from my savings accounts or money market accounts through the Credit Union s BayPhone Telephone Banking BayFedOnline Banking or by telephone if request that you send me a check Transfers or with drawals in excess of the above limitations may not be honored Verification All transactions affected by use of the ATMs POS ter minals Electronic Check Transaction BayPhone Telephone Banking BayFedOnline Banking BayFedMobile Remote Deposit Capture or other electronic transaction contemplated hereunder which would otherwise require my wet signature or other authorization shall be valid and effective as if wet signed by me when accomplished by use of an Electronic Check Transaction Card s and or PIN s Password s or as otherwise authorized under this Disclosure and Agreement Deposits at an ATM are subject to verification by you and may only be credited or withdrawn in accordance with your Truth In Savings Disclosure and Account Agreement Transactions accom plished after the close of normal business each day shall be deemed to have occurred on your next business day You are not responsible for delays in a deposit due to improper identification on the deposit envelope or impr
2. POS Transactions Funds Transfers or other electronic funds transactions Disclosure information applicable to all electronic services offered by you is given below with certain specific disclosure information for each service following in separate sections understand that the agreements terms conditions rules and regulations applicable to my savings account s money market account s checking account s VISA Credit Card personal line of credit and any other applicable accounts remain in full force and ef fect and continue to be applicable except as specifically modified by this Disclosure and Agreement GENERAL DISCLOSURES APPLICABLE TO ALL ELECTRONIC SERVICES Business Day Disclosure Your business days are Monday through Friday except holidays ATMs POS terminals BayPhone Telephone Banking BayFedOnline Banking Bill Pay BayFedMobile Banking and Remote Deposit Capture are generally open but not always acces sible 24 hours a day 7 days a week BayPhone Telephone Banking BayFedOnline Banking Bill Pay BayFedMobile Banking and Remote Deposit Capture may be temporarily unavailable due to Credit Union system maintenance or technical difficulties including those of the Internet Service Provider and Internet software Disclosure of Account Information to Third Parties You will dis close information to third parties about my account or transfers make 1 When it is necessary to complete an electronic transa
3. may be requested to give my BayFedOnline Banking Password to the aggregate service provider understand that by doing so am providing the aggregate service provider ac cess to my account s at the Credit Union You recommend that change my password regularly and that my passwords contain at least six 6 characters including numbers and letters and that do not use passwords that could be easily guessed such as my birthdate last name or other information that may be publicly available You are entitled to act on instructions received under my password For security purposes must keep my pass word and account information confidential This means that should memorize my password and not write it down If through my own negligence or otherwise make my password available to an unau thorized third party agree to notify you immediately In such a case understand that you may terminate my access to the Service to protect the security of the Service and my Account The Credit Union will never contact me and ask me to provide my PINs or passwords If am contacted by anyone claiming to be a representative of the Credit Union who asks me to provide any PIN or password understand that should not provide my PIN or password and will contact you at 831 479 6000 or tollfree at 888 4BAYFED immediately to report the incident The Credit Union recommends that purchase and utilize anti mal ware software as a defense against
4. pay for purchases from merchants financial institutions and others who honor the Card s When use my VISA Debit Card to pay for goods or services at a merchant or point of sale terminal or to obtain cash use it as a debit card and it works like a check written on my account My VISA Debit Card is not a credit card which means that cannot defer payment of my VISA Debit Card transactions must follow the merchant s financial institution s or other person or entity who honors the card s rules and instructions and may be asked to enter my PIN or sign a sales slip Some merchants may impose a fee for VISA Debit Card use and you will not be liable for that fee or if the merchant financial institution or other person or entity refuses to accept your VISA Debit Card or VISA Debit Card number understand that some participating merchants such as hotels car rental companies restaurants or gas stations may initiate electronic notices seeking validation of the Card and or approval of the antici pated purchase amount Such an anticipated purchase amount may exceed the amount of the actual purchase transaction You may place a hold against my designated checking account for the anticipated amount The hold may remain in effect from the time the notice is received by you up to the time the merchant draft or other item is presented The amount of the actual purchase transaction is then deducted from my designated checkin
5. Regulation CC e items issued by or through a financial institution in a foreign country e Items not payable in United States currency e items with incomplete or illegible information e items that are money orders traveler s checks or savings bonds e items made payable to a third party i e any person or entity other than me e items that are in violation of any federal or state law rule or regulation e Checks or items prohibited by the Credit Union s current pro cedures relating to the Remote Deposit Capture service or are otherwise not acceptable under the terms of my Credit Union account e Items with any endorsement on the back other than what is specified in this Agreement agree to follow any and all other procedures and instructions for use of the Remote Deposit Capture service as the Credit Union may estab lish from time to time Failure to do so may result in my transaction s not being processed and or the removal of the Remote Deposit Cap ture services Transaction Limitations The maximum amount may deposit on any day is 5 000 00 You reserve the right to modify this limit from time to time Processing Electronic Images You will review each Electronic Image received to determine whether it is eligible for this service If eligible you will a present the Elec tronic Image directly or indirectly to the bank on which the original check is drawn or through which the original check is payabl
6. UNION DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT HARDWARE SOFTWARE OR INTERNET PROVIDER SERVICE OR ANY PART OF THEM EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE CREDIT UNION IS NOT RESPON SIBLE FOR ANY LOSS INJURY OR DAMAGES WHETHER DI RECT INDIRECT SPECIAL OR CONSEQUENTIAL CAUSED BY THE INTERNET PROVIDER ANY RELATED SOFTWARE OR THE CREDIT UNION S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION USE OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE SOFTWARE OR OTHER EQUIPMENT Account Access BayFedOnline Banking is available for my savings account s and money market account s for IRA accounts only in quiries are permitted checking account s personal line of credit accounts and loan account s using my BayFedOnline Banking User name and Password Types of Available Transactions may use my BayFedOnline Banking Password for 1 Balance inquiries 2 Account transaction history 3 Balance inquiries and account transaction history on Bay Fed eral Accounts and accounts held at another financial institution 4 Transfer of funds among and between my accounts 5 Transfers to other members accounts 6 External transfers to accounts at other financial institutions 7 Cash advance from my VISA Credit Card and deposited to an account with you 8 External transfers to pay loans 9 Loan payment
7. and disabling access for sub users and all their re spective authorities 2 authorize you and any third party service providers to act on transaction instructions initiated under the credentials of an au thenticated sub user just as if it was initiated by me 3 When granting entitlements assume total liability for any and all activities of my sub users 4 agree to hold you and any third party service providers harm less in any liability or claim arising from my use of these entitle ments including any claim make against my sub users for their handling of my accounts or breach of my agreement with said sub users pursuant to entitlements 5 agree to indemnify you your employees agents volunteers and agents from and against any and all claims arising due to a My entitling another person or persons with access to your Online Banking site my accounts and or other authorities with respect to my accounts and or b Acts or actions taken by the sub users entitled 6 understand notwithstanding any terms set forth in this Agree ment that you and any third party service providers are not responsible for any errors or unauthorized transactions on my accounts initiated by a sub user and you expressly disclaim all liability claims damages costs and expenses in connection with such activities understand that if do not agree with these terms and or other terms that you present to me from time to time
8. are some exceptions You will not be liable for instance if 1 Circumstances beyond your control such as fire flood earth quake electronic failure or malfunction of central data process ing facility etc prevent the transaction despite reasonable precautions 2 Through no fault of yours do not have enough money in my account or sufficient collected funds to make a transaction 3 The funds in my account are subject to an uncollected funds hold legal process or other circumstances restricting such transaction or payment 4 You have received incorrect or incomplete information from me or from third parties e g the U S Treasury an automated clearing house or a terminal owner 5 The ATM POS terminal BayPhone Telephone Banking Bay FedOnline Banking Bill Pay BayFedMobile Banking Remote Deposit Capture or other electronic services system contem plated hereunder was not working properly and knew about this breakdown when started the transaction 6 The ATM where was making the transaction did not have enough cash or cash in the denominations requested 7 My ATM Card VISA Debit Card VISA Credit Card or check s has been reported lost or stolen or my Card has expired is damaged so that the terminal cannot read the encoding strip has not been activated is inactive due to non use is retained by you at my request or because my Card BayPhone BayFedOn line Banking Bill Pay or
9. finance charges or other actions taken by payee 8 Payments may be scheduled 24 hours a day 7 days a week however payments scheduled on a Saturday Sunday or holiday will not be processed immediately and processing will occur on the next business day Important Payments are made to payees either electronically via Automated Clearing House ACH by check or other electronic fund transfer The method of payment depends on the processing method that can be accommodated by the payee or by your Bill Pay Service provider If my payee accepts electronic bill payment the payment may take up to two 2 business days to process If my payee does not accept electronic bill payment the payment may take up to five 5 business days to process Member Responsibilities In addition to any other responsibility de scribed in this Disclosure and Agreement am responsible for 1 If payment is made and have insufficient funds in my account will assume full responsibility for all late charges finance charg es or other actions taken by the Credit Union or its bill pay provider 2 Any overdrafts and Insufficient Funds or Stop Payment fees charged by the Credit Union 3 Ensuring that the data input for payee and transaction informa tion e g payee name address account number payment amount payment date etc is accurate 4 Allowing sufficient time for bill payments to be processed so that payment can be made by our Bill P
10. in this Disclosure and Agreement The words you your and yours mean Bay Federal Credit Union My acceptance retention activation or use of an ATM Card VISA Debit Card VISA Credit Card BayPhone Telephone Banking BayFedOnline Banking Bill Pay BayFedMobile Banking Remote Deposit Capture Funds Transfers or other electronic funds transaction hereunder con stitutes an agreement between you and me as described below understand and agree for myself and any person or entity repre sent if sign as a representative of another person or entity to the terms of this Disclosure and Agreement and your Fee Schedule understand and agree that this Disclosure and Agreement along with any other documents you give me pertaining to my account s is a contract that establishes the rules that control my account s with you When accept retain activate or use an ATM Card VISA Debit Card VISA Credit Card BayPhone Telephone Banking BayFedOnline Banking Bill Pay BayFedMobile Banking Remote Deposit Capture or conduct other electronic funds transactions hereunder agree to follow these rules The purpose of this Disclosure and Agreement is to 1 Apply and explain laws that apply to common transactions 2 Establish rules to cover transactions or events that the law does not regulate 3 Establish rules for certain transactions or events that the law regulates but for which it permits variations by agre
11. method and whether or not a check has cleared The Service may not be able to act on any stop payment request after a payment has been processed Pay ments that have already been debited against my account cannot be stopped canceled or changed Payments designated as today transactions cannot be stopped canceled or changed once my Bill Pay session is terminated In order to request a stop payment or change a Bill Pay transaction must contact you at 831 479 6000 or toll free at 888 4BAYFED Fees Associated With Bill Payment You will automatically deduct any applicable fees from my designated checking account Amendments This Agreement any user s manual and the appli cable fees and charges may be amended by you in the future In the event of amendment you shall send notice to me either by mail to my last known address or transmit such notice of the amendment through the BayFedOnline Banking Service My use of the Bill Pay Service feature following the receipt of such notice constitutes ac ceptance of such amendment REMOTE DEPOSIT CAPTURE SERVICES AGREEMENT In addition to the other terms and conditions in this Disclosure and Agreement that are applicable to the Remote Deposit Capture the following additional terms and conditions apply What is Remote Deposit Capture Remote Deposit Capture is a service for consumer account holders that allows me to deposit a check into my Credit Union account from anywhere with cel
12. s at your proprietary ATM s and desig nated CO OP Network ATMs 2 Withdrawals from my savings account s money market account s and checking account s at your proprietary ATM s or STAR PLUS or CO OP ATMs 3 Transfers from my savings account s and money market account s to my checking account within the same member number at your proprietary ATM s and some shared network ATMs 4 Loan payments made by transfer of funds from my savings account s money market account s or checking account s at your proprietary ATM s and some shared network ATMs 5 Advances on my VISA Credit Card up to my available Credit Limit using a VISA Credit Card at ATMs displaying the VISA logo 6 Balance inquiries at your proprietary ATM s and other Shared Network ATMs You may offer additional services in the future and if so will be notified of them Unless otherwise noted the above services are generally available at ATMs on the STAR PLUS and CO OP Shared Network Systems Services however may be restricted on certain ATMs on the systems that are not owned by you In such case an attempted transaction may be refused by the Shared Network ATMs understand and agree that you accept funds deposited at ATMs sub ject to our verification and collection and receipts issued by an ATM are binding only after verification Funds deposited by check may be unavailable for withdrawal until collected by you Th
13. serial numbers to electronically initiate the transfer an Electronic Check Transaction the following applies to me Types of Available Transactions may authorize a merchant or other payee to make a one time Electronic Check Transaction from my checking account using information from my check to 1 pay for purchases or 2 pay bills may also authorize a merchant or other payee to debit my checking account for returned check fees or returned debit entry fees may make such a payment via ACH where have provided a paper check to enable the merchant or other payee to capture the routing account and serial numbers to initiate the transfer whether the check is blank partially completed or fully completed and signed whether the check is presented at POS or is mailed to a merchant or other payee or lockbox and later converted to an EFT whether the check is retained by the consumer the merchant other payee or the payee s financial institution or have provided the merchant or payee with the routing account and serial numbers by telephone to make a payment or a purchase Account Access Electronic Check Transactions may be made from my checking account only Limitations on Dollar Amounts of Transactions may make Elec tronic Check Transactions only to the extent that have available clear funds in my checking account plus available funds in my designated overdraft sources Overdraft to Line of Credit understan
14. the system In the event the Remote Deposit Capture service is unavailable may deposit the original item in person at a Credit Union branch location during regular business hours at a Credit Union ATM or by mailing the item to you at 3333 Clares Street Capitola CA 95010 How to Notify You in Case of Errors If believe there has been an error with respect to any original check or Electronic Image transmitted to the Credit Union for deposit will call you at 831 479 6000 or toll free at 888 4BAYFED or write you at 3333 Clares Street Capitola CA 95010 will be asked to produce the original item and may be asked to complete a written statement in support of my claim Amendments The Credit Union may change the terms and conditions of this Agree ment from time to time by sending written notice to me at my address as it appears on its records If any change results in greater cost or liability to me or decreases access to my accounts will be given at least thirty 30 days prior notice of the change to the extent required by applicable law Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and or the security of the Remote Deposit Capture service or designated accounts Member Warranties and Indemnification By using the Remote Deposit Capture service represent and warrant all of the following to be true e The item transmitted is a co
15. this paragraph is approved and processed will still be responsible for such charges Collections agree that you shall be entitled to recover any money owed by me to you as a result of my use of or the use of anyone have provided access to any of your electronic services and agree to repay any amounts that create an overdrawn balance im mediately upon demand may be charged an Insufficient Funds Fee as disclosed in your Fee Schedule if permissible under applicable law grant you a security interest in my present and future shares on deposit and you have the right to apply such shares against any amounts owed to you by me e g overdrafts and any related fees and charges If any legal action is required to collect amounts owe agree to pay all costs of collection including reasonable attorneys fees court costs and other charges incurred by enforcing your rights under this Disclosure and Agreement Indemnification To the extend permitted by law agree to indem nify defend and hold you and your directors officers employees and agents harmless from and against any damage expense loss or liability of any kind that you may incur including but not limited to attorneys fees and court costs that result directly or indirectly in whole or in part from my use of any electronic service governed by this Disclosure and Agreement Relationship to Other Disclosures The information in this Disclo sure and Agree
16. using the BayPhone System am responsible for the safekeeping of my BayPhone PIN provided by you and for all transac tions made by use of the BayPhone Telephone Banking will notify you immediately if my BayPhone PIN is disclosed to any one understand and agree that must change the PIN immediately to prevent transactions on my account if anyone not authorized by me has access to the BayPhone PIN If disclose my BayPhone PIN to anyone however understand that have given them access to my account via BayPhone Telephone Banking and that am responsible for any such transactions further understand that my BayPhone PIN is not transferable and will not disclose the BayPhone PIN or permit any unauthorized use thereof BayFedOnline BANKING BayFedMobile BANKING BILL PAY SERVICES REMOTE DEPOSIT CAPTURE AND FUNDS TRANSFER SERVICES BayFedOnline BANKING AGREEMENT BayFedOnline Banking Online Banking or the Service is your computer banking service that allows access to my accounts without assistance from your staff by using the Credit Union website and my own selected BayFedOnline Banking Username and Password Minimum System Requirements In order to conduct transactions through the Service with you the following computer system require ments and plug ins must be satisfied In order to access and use the Online Service and to receive Com munications as defined herein electronically must have e A
17. Bay Federal Credit Union BayFedMo bile Application can be downloaded from my device s app store The Operating System version must be compatible with the latest version of the application Requirements for Electronic Images Prior to creating an Electronic Image of a check must add the words For Deposit Only my Credit Union account number and my signa ture endorsement to the back of the check or as otherwise instructed by the Credit Union An Electronic Image must contain i a complete legible and ac curate image of the front of the check showing the name of the drawer payor signature s the paying bank s pre printed information MICR encoded information the name of the payee and the payment amount information and ii a complete legible and accurate image of the back of the check showing your signature endorsement The following check items are not accepted for deposit through the Remote Deposit Capture service e Items displaying a non negotiable or void notation or water mark e Items containing an alteration on the front of the check or which know or suspect or should know or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn e Items dated more than six 6 months prior to the date of de posit e items previously converted to a substitute check or items that are remotely created checks as defined by Federal Reserve Board
18. BayFedMobile Banking PIN or Password has been reported lost or stolen or repeatedly entered incor rectly 3 8 The transaction would exceed my Line of Credit limit or VISA Credit Card limit 9 Your failure to complete the transaction is done to protect the security of my account and or the electronic terminal system 10 There may be other exceptions Email Communications may communicate with you via electronic mail email however may only email you general questions and not account information questions You will not respond to account information related questions sent to you via email Also should not send you any confidential account or other information via email understand that may not perform transactions on my account via email cannot request a stop payment or report an unauthorized transaction via email Given that these types of requests transactions require expeditious handling must make these requests by calling or mailing a letter to you as noted in this Disclosure and Agreement agree that you may take a reasonable amount of time to act on any email you actually receive from me agree that you are not respon sible for any deficiencies in the accuracy completeness availability or timeliness of such information or any decision make using this information You will only respond to emails from the email address you have on file for me If change my email address will notify you in wr
19. Card s PIN s Password s or check s has been lost or stolen or that someone will or may use it to transfer money from my account s without my permission must telephone you at 831 479 6000 or toll free at 888 4BAYFED or write you at BAY FEDERAL CREDIT UNION 3333 Clares Street Capitola CA 95010 ATTENTION Member Service Center should also call the number or write to the address listed above if believe a transfer has been made using the information from my check without my permission Business Accounts understand that the Section entitled My Liabil ity for Unauthorized Transactions and Advisability of Prompt Report ing in this Section of this Agreement as well as the Section entitled In Case of Errors or Questions About My Electronic Services Transac tions and the provisions related to error resolution and limitations on iability on the back of periodic statements do not apply to business accounts or to accounts that are not used primarily for personal fami y or household purposes Business Accounts For these accounts will see the error resolution and limitations on liability provisions set forth in your Business Account Agreement Regulation D Restrictions on Electronic Funds Transfers Any combination of pre authorized automatic or telephone withdrawals or transfers from savings accounts and money market accounts are limited to no more than six 6 transfers in each statement period
20. ELECTRONIC SERVICES DISCLOSURE AND AGREEMENT THIS ELECTRONIC SERVICES DISCLOSURE AND AGREEMENT SUPERSEDES ALL PREVIOUS ELECTRONIC SERVICES AND REMOTE DEPOSIT CAPTURE DISCLOSURES AND AGREEMENTS PRIOR TO THE EFFECTIVE DATE BELOW Effective Date October 1 2015 Bay Federal CREDIT UNION Making areal difference 3333 Clares Street Capitola CA 95010 831 479 6000 888 4BAYFED FEDERALLY INSURED BY NCUA TABLE OF CONTENTS 22 25 26 27 ELECTRONIC SERVICES DISCLOSURE AND AGREEMENT GENERAL DISCLOSURES APPLICABLE TO ALL ELECTRONIC SERVICES PREAUTHORIZED DEPOSIT OF NET PAYCHECK PENSION CHECKS AND FEDERAL RECURRING PAYMENTS PREAUTHORIZED PAYMENT SERVICES BayPhone TELEPHONE BANKING BayFedOnline BANKING BayFedMobile BANKING BILL PAY SERVICES REMOTE DEPOSIT CAPTURE AND FUNDS TRANSFER SERVICES ATM ELECTRONIC FUNDS TRANSACTIONS ATM CARDS OR VISA DEBIT CARDS WHEN USED FOR POINT OF SALE TRANSACTIONS ELECTRONIC CHECK TRANSACTIONS ATM ELECTRONIC FUNDS TRANSACTIONS POINT OF SALE TRANSACTIONS TELEPHONE BANKING TRANSACTIONS ONLINE BANKING TRANSACTIONS MOBILE BANKING BILL PAY REMOTE DEPOSIT CAPTURE FUNDS TRANSFERS AND ELECTRONIC CHECK TRANSACTIONS ELECTRONIC SERVICES DISCLOSURE AND AGREEMENT nu nu In this Disclosure and Agreement the words I me my us and our mean each and all of those who apply for and or use any of the electronic services described
21. IATELY OF ANY LOSS OR THEFT OF MY CARD AND OR PIN 4 IF I AUTHORIZE YOU TO ISSUE A CARD OR ANY OTHER ACCESS DEVICE TO ANYONE ELSE AUTHORIZE THAT INDIVIDUAL TO WITHDRAW FUNDS FROM ANY ACCOUNT WHICH CAN BE AC CESSED BY THE CARD REGARDLESS OF WHETHER THAT IN DIVIDUAL IS AUTHORIZED TO WITHDRAW MONEY FROM THE ACCOUNT BY ANY MEANS OTHER THAN BY USE OF THE CARD IF GIVE MY CARD OR PIN TO ANYONE ANY WITHDRAWAL OR TRANSFER BY THAT PERSON WILL BE CONSIDERED TO BE AU THORIZED BY ME Safety at the ATM understand that should use caution at all times when using an ATM or POS terminal Some precautions can take are avoid ATMs that are obstructed from view or unlit at night observe the area for anything unusual or suspicious when possible bring a companion along especially at night lock my vehicle when leave it have my Card in my hand as approach the machine avoid reaching in my wallet or purse in front of the machine avoid counting my cash at the machine lock the doors roll up all but the driver s window and keep the engine running when using a drive up machine If feel unsafe for any reason should leave the area immediately If someone fol lows me after using the ATM should quickly go to a safe area that is well populated and well lit should report any incident to the police as soon as possible Personal Identification Number agree to memorize my PIN and will not write it on the Card s or make it accessi
22. ain financial information regarding my account from a Payee or my financial institution e g to resolve payment posting problems or for verification Authorization authorize you to select any means to execute my funds transfer including the Automated Clearing House ACH agree to be bound by the rules and regulations that govern the applicable funds transfer system including the rules published by the National Automatic Clearinghouse Association You and your service providers will make a reasonable effort to com plete the transfer however if for any reason a transfer cannot be made authorize you or your service provider without notice to me to credit or debit my Account as necessary to reverse the transfer You reserve the right to resubmit the transfer in the event of an insuffi cient or uncollected funds return and if you cannot collect the amount credited There may be a fee associated with such collection imposed by the financial institution holding the Account If have requested a funds transfer to a third party must provide you with a true correct and current email address or cellular phone number for such third party and authorize you to contact such party to request certain information e g the account number and financial institution to which they wish to transfer the funds If the third party fails to provide such information or to follow the instructions provided by you you will not complete the tr
23. an Electronic Check Transaction my Card s and or PIN s Password s without my permission If do NOT tell you within two 2 business days after learn of the loss or theft of my check s Card s and or PIN s Password s and you can prove you could have stopped someone from using my check s in an Electronic Check Transaction and or my Card s and or PIN s Password s without my permission if had told you could lose as much as 500 00 If am using a VISA consumer card including credit or debit card for transactions that take place on the VISA network system un derstand that VISA Operating Rules and Regulations provide for O liability for losses from unauthorized fraudulent activity This does not apply to VISA commercial cards ATM transactions using a PIN or non VISA PIN Debit Network transactions Also if my statement shows transfers that did not make including those made by Card PIN or other means must tell you at once If do NOT tell you within sixty 60 days after the statement was mailed to me may not get back any money lost after the sixty 60 days if you can prove that you could have stopped someone from taking the money if had told you in time If I can document a good reason such as a long trip or hospital stay kept me from telling you you will extend the time period Telephone Number and Address to be Notified in Event of an Unauthorized Transaction If believe my
24. ansfer and will credit my Account for the amount of the transfer as appropriate If my funds transfer instructions identify a recipient by name and account number the receiving financial institution may execute my instructions by reference to the account number only even if the ac count number does not correspond the name provided acknowl edge and agree that such financial institution is not obligated to in vestigate any discrepancies between names and account numbers Popmoney Through Popmoney you offer me the ability to initiate transfers from an Account with you to an account at another financial institution lo cated in the United States Popmoney also allows me to receive trans fers from another person directly into an Account with you Popmoney is provided through CashEdge a subsidiary of Fiserv Solutions Inc and acknowledge that you utilize CashEdge to provide Popmoney Suspension and Reinstatement You may without notice to me suspend my ability use the Funds Transfer Service for any reason including my inability to debit my Accounts or to otherwise collect the amount of any transfer Your right to suspend my ability to use the Funds Transfer Service does not limit any other right or remedy that you may have under this Agreement or otherwise If you suspend my ability to use the Funds Transfer Service may request reinstatement of the service by contacting you You may in your sole discretion grant or deny reinst
25. ated on the check If a remotely created check which have deposited into my account is returned by the drawee payor bank for any reason agree that you may debit my account for the amount of the item plus any applicable fees If the debit causes my account to be overdrawn agree to pay the overdrawn amount on your demand For purposes of this Disclosure and Agreement the term remotely created check means a check that is not created by the paying bank and that does not bear a signature applied or purported to be ap plied by the person on whose account the check is drawn ATM ELECTRONIC FUNDS TRANSACTIONS POINT OF SALE TRANSACTIONS TELEPHONE BANKING TRANSACTIONS ONLINE BANKING TRANSACTIONS MOBILE BANKING BILL PAY REMOTE DEPOSIT CAPTURE FUNDS TRANSFERS AND ELECTRONIC CHECK TRANSACTIONS Right to Receive Documentation of Transactions 1 Transaction Receipt will receive a receipt at the time make any transfer to or from my account using one of the ATMs or when make a purchase using a POS terminal should retain this receipt to compare with my statement from you 2 Periodic Statement will receive a monthly statement unless there are no transfers in a particular month for the account s which have accessed using an Electronic Check Transaction the ATMs POS terminals BayPhone Telephone Banking Bay FedOnline Banking BayFedMobile Bill Pay or Remote Deposit Capture Service which will show the calen
26. atement and if you agree to reinstate me you may limit the number of funds transfers or dollar amount of funds transfer that may make per month Documentation may access a statement of all funds transfers made or pending at any time through BayFedOnline by clicking on the History tab within Funds Transfer or the Activity tab within Popmoney No Unlawful or Prohibited Use acknowledge and agree that will not use the Funds Transfer Service or Popmoney for any unlawful purpose or in a way not permitted either expressly or implicitly by this Agreement further acknowledge and agree that will not use the Funds Transfer Service including Popmoney in a way that could damage disable overburden or impair your online banking service agree not to impersonate any person or use a name that am not authorized to use represent and warrant that all information have provided or will provide is true correct and complete Security Procedures If am the recipient of a funds transfer agree that will provide you with any information that you may reasonably require to transfer funds to my Account and that you may provide the transferor s financial institution with any information that it may need to transfer such funds to my Account If am sending a funds transfer agree that a recipient s financial institution may contact you to verify the content and authority of funds transfer instructions and any changes to those instr
27. ay Service before the payment due date and 5 If any transaction cannot be processed because of insufficient available funds am responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Pay Service 6 If a payment is processed but there are insufficient funds in my account to pay it understand that there may be up to three attempts to withdrawal funds from my account Fees will be as sessed for each attempt per our Fee Schedule 7 If payment is processed but there are insufficient funds in my account to make the payment understand that may be pre vented from scheduling additional payments and that my bill pay ment service may be suspended up to 30 business days Credit Union and Bill Pay Service Provider Responsibilities The Bill Pay Service Provider is responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated payee in accordance with this Agreement The Credit Union and the Bill Pay Service Provider are not liable for any damages incur if do not have sufficient funds in my designated checking account to make the payment on the pro cessing date or due to delays in mail delivery changes of payee address or account number the failure of any payee to credit the account correctly for the payment in a timely manner or for any other circumstances beyond the control of the Cred
28. ble by anyone through theft or otherwise If forget the number may contact you and you will issue a duplicate at the charge set forth in your current Fee Sched ule Ownership of an ATM Card or VISA Debit Card The Card s remains your property and agree to surrender the Card s to you upon demand You may cancel modify or restrict the use of any Card 1 upon proper notice or 2 without notice if a my account is over drawn b if you are aware that have violated any term of this Disclo sure and Agreement whether or not you suffer a loss or c where you deem it to be necessary or prudent to maintain or restore the security of my account s or the ATM or POS system You also reserve the right to recall the Card s through retrieval by any of the ATMs Making Electronic Fund Transactions agree to follow the in structions posted or otherwise given by you or any ATM Network or POS terminal concerning use of the machines ATM CARDS OR VISA DEBIT CARDS WHEN USED FOR POINT OF SALE TRANSACTIONS Types of Available Transactions and Limits on Transactions By use of my ATM Card or VISA Debit Card at a point of sale terminal authorize you to make withdrawals from my designated checking account for cash advances and or purchases Account Access may use my Card to withdraw cash from my designated checking account by way of a cash advance from mer chants financial institutions or others who honor the Card s and or
29. ction 2 In order to verify the existence and condition of my account for a third party such as a credit bureau or merchant 3 In order to comply with a government agency or Court order or any legal process 4 IfI give you written permission or 5 As otherwise permissible under applicable law In Case of Errors or Questions About My Electronic Services Transactions Telephone you at 831 479 6000 or toll free at 888 4BAYFED or write you at BAY FEDERAL CREDIT UNION 3333 Clares Street Capitola CA 95010 ATTENTION Member Service Center or e mail you at memberemails bayfed com as soon as can if think my statement or receipt is wrong or if need more information about a transaction listed on the statement or receipt You must hear from me no later than sixty 60 days after you send me the FIRST statement on which the problem or error ap peared must 1 Tell you my name and account number 2 Describe the error or the transaction am unsure about and ex plain as clearly as can why believe it is an error or why need more information and 3 Tell you the dollar amount of the suspected error If tell you orally you will require that send you my complaint or ques tion in writing within ten 10 business days You will determine whether an error occurred within ten 10 business days after you hear from me and will correct any error promptly If you need more time however you may take up
30. d that if have an overdraft line of credit account in conjunction with my checking account then may use that line of credit to fund any overdraft on my checking account including overdrafts caused by any Electronic Check Trans actions understand that may not otherwise initiate an Electronic Check Transaction to overdraw my checking account or my line of credit if applicable However if do overdraw authorize you to cov er the overdraft on my checking account by making a cash advance from my line of credit account if any or withdraw funds from my savings account s or money market account s or make a withdrawal from other accounts on which am a joint owner lf am eligible for your Premium Overdraft Service you may also cover my overdrafts in accordance with the Premium Overdraft Agree ment found in your Truth in Savings Disclosure and Agreement Over drafts which cannot be honored are payable on demand and may result in termination of my account s Remotely Created Checks If the Electronic Check Transaction involves a remotely created check you reserve the right to accept or reject the item for deposit into any of my accounts If deposit a remotely created check into any of my accounts represent and warrant to you that have instituted procedures to ensure that these drafts are authorized by the person on whose account the remotely created check is drawn in the amount stated on the check and to the payee st
31. dar date that initiated the transfer the type of transfer and the type of account s ac cessed by the transfer and the amount of transfers occurring in that statement period will get a statement at least quarterly 3 BayFedOnline Banking BayFedMobile Remote Deposit Capture or Bill Pay Transaction may print a record of any individual transaction conducted through the Service at any time after the transaction is completed A fee may be charged for such paper copy subject to your Fee Schedule My Liability for Unauthorized Transactions and Advisability of Prompt Reporting must tell you AT ONCE if believe my checks ATM Card VISA Debit Card VISA Credit Card or my BayPhone BayFedOnline Banking BayFedMobile ATM Card VISA Debit Card or VISA Credit Card PIN or Password collectively check s Card s and or PIN s Password s has been lost or stolen or if believe that an electronic fund transfer has been made without my permis sion using information from my check Telephoning is the best way of keeping my possible losses down A written notification to you should follow my telephone call could lose all the money in my account plus my maximum overdraft line of credit However if believe my check s Card s and or PIN s Password s has been lost or stolen and tell you within two 2 business days after learn of the loss or theft can lose no more than 50 00 if someone used my check s in
32. e Paying Bank b create a substitute check that you will present directly or indirectly to the Paying Bank or c if you are the Paying Bank present or post the Electronic Image If you determine for any reason that the Electronic Image is illegible incomplete or otherwise ineligible for processing you will require me to present the original item for deposit It is my responsibility to retain the original item for 90 days to ensure that it is properly credited to my account The Credit Union is not responsible for errors in Electronic Images that may prevent or delay the deposit of funds into my account The Credit Union is not responsible for any image that you do not receive for any reason including transmission interruptions All deposits are subject to later verification by you You may return or refuse to accept all or any part of a deposit to my Account using the Remote Deposit Capture service at any time and will not be liable for doing so even if such action causes checks or other debits to my Ac count to be dishonored and returned am solely responsible for pay ing any overdraft or insufficient funds NSF fee charged by the Credit Union or any third party as a result of the Credit Union s rejection of any item s or for any item s returned unpaid Cut Off Time and Credit to My Account Items transmitted using the Remote Deposit Capture service are not subject to the funds availability requirements of Federal Res
33. e Certain types of accounts may not be eligible for funds transfers or may be restricted and agree not to make any transfers from or to such accounts Rejection of Transfers You reserve the right to decline any funds transfer in your sole discretion A transfer between any of my accounts initiated through BayFedOnline Banking before 6 00 p m Pacific Standard Time on a Business Day will be posted to my Account the same day All transfers initiated after 6 00 p m Pacific Standard Time on a Business Day or on a non Business Day will be posted to your Account no later than the following Business Day If the transfer is made through a third party service provider including Popmoney it may take three 3 to four 4 Business Days for the transfer to be credited to the appropriate account The Funds Transfer Service may not be available at all times will ensure that have sufficient funds in my Account prior to making a funds transfer You may decline any funds transfer for which have insufficient funds or that you believe may violate applicable law or expose us to liability or risk of loss Information Verification To verify ownership of my Account s you may issue offsetting debits and credits to my Account s and require confirmation of such from me Through my enrollment in BayFedOn line agree that you may request a review of my credit rating at my expense through a credit reporting agency In addition agree that you may obt
34. e delay will depend on your policies as permitted by law and will refer to your Truth In Savings Disclosure and Account Agreement for details By using my ATM Card or VISA Debit Card in conjunction with my PIN at an ATM authorize you to provide account balance information or to make withdrawals and transfers into or from my accounts with you in accordance with the instructions given to the ATM Furthermore authorize you to make advances on my line of credit account If authorize you to issue an ATM Card or VISA Debit Card or any other access device to any third party or if permit any person to use my Card understand that thereby authorize that person to withdraw funds from any account including my line of credit account which can be accessed using the ATM Card or VISA Debit Card Balance Inquiries Balance information available through the ATM may not be accurate because the balance information may not reflect transactions that occurred within the past 72 hours For accurate bal ance information may contact the Credit Union at 831 479 6000 or toll free at 888 4BAYFED ATM Fees You may charge an ATM Foreign Transaction Fee for any transactions at ATMs not owned by you or the CO OP Network In ad dition when use an ATM not owned by you may be charged a fee by the ATM operator and or any network used and may be charged a fee for a balance inquiry even if do not complete a fund transfer Limi
35. ement and 4 Provide disclosures of some Credit Union policies to which may be entitled or in which might be interested understand and agree that if any provision of this Disclosure and Agreement is found to be unenforceable according to its terms all re maining provisions will remain in full force and effect You may permit some variations from this Disclosure and Agreement but you will only agree to do so in writing This Disclosure and Agreement is given by you in compliance with the Electronic Funds Transfer Act 15 U S C Section 1693 et seq and Regulation E 12 CFR 1005 et seq to inform me of certain terms and conditions of the electronic funds transfer services have requested At the present time you participate in several types of services that may be accomplished by electronic transfer preauthorized de posits of net paycheck preauthorized deposits of pension checks and Federal Recurring Payments for example Social Security pay ments preauthorized withdrawals for bill payments and other re curring payments Automated Teller Machine ATM electronic fund transfer services at Credit Union owned Proprietary ATMs and on Shared Network ATMs such as the CO OP Network STAR PLUS and VISA and such other systems as may be added from time to time BayPhone Telephone Banking BayFedOnline Banking Bill Pay BayFedMobile Banking Remote Deposit Capture Electronic Check Transactions Point of Sale
36. ers to the person entity or company whose bills may pay using the Bill Pay Service 2 Make non recurring payments from my checking account This feature allows me to schedule one time payments to payees 3 Make recurring payments from my checking account This fea ture allows me to schedule recurring payments to payees 4 View payment history to see payments have made over a spe cific time period Limitations on Bill Pay Transactions The following on limitations on the use of our Bill Pay Service 1 The maximum amount may withdraw by check is 9 999 00 2 The maximum per day transaction limitation is 19 999 00 3 Bill payments may only be made from my checking account s 4 Any payee wish to pay through the Bill Pay Service must be payable in U S Dollars 5 Each payee must appear on the payee list create with you 6 may use the Bill Pay Service to make payments to a federal state or local government or tax unit or to other categories of payees that you may establish from time to time However payments made to government agencies are not payment guar anteed 7 must allow sufficient time for the payee to receive and process the payment before the payment due date the due date shown on my invoice or provided in my agreement with payee not tak ing into account any grace period provided by payee If do not allow sufficient time will assume full responsibility for all late charges
37. erve Board Regulation CC and therefore longer hold delays may apply to these deposited items Deposits received before 3 00 p m Pacific Time on a business day the Credit Union is open a business day is any day except Saturdays Sundays and holidays will be credited to my account on the first 1st business day after the day you receive my deposit Deposits received after 3 00 p m Pacific Time on a busi ness day the Credit Union is open will be credited on the business day after you receive my deposit Funds that deposit using the Remote Deposit Capture service may not be immediately available to me Record Retention It is my responsibility to ensure the safekeeping or destruction of the original item after the item has been transmitted should securely store each original check s for a period of ninety 90 days after receive confirmation that my deposit has been accepted Please note that am solely responsible for the security and storage of the original checks and am solely liable for any loss or misappropriation of these checks Original checks that are no longer stored should be disposed of in a secure manner designed to ensure that they cannot be read or recreated Service and Maintenance You may periodically audit the Remote Deposit Capture service and infrastructure From time to time the Credit Union may disable the Remote Deposit Capture service without prior notice for scheduled maintenance and upgrades to
38. g account may not stop payment on a VISA Debit Card transaction Further more in the event of a dispute may have to settle directly with the merchant financial institution or other person or entity that honored the Card If the merchant misrepresents the quality price or warranty of the goods or services which paid for with my VISA Debit Card agree to indemnify you from and against any and all damages costs liabilities and expenses including attorneys fees and expenses which may result directly or indirectly from such misrepresentation If breach or do not fulfill the terms of this Disclosure and Agreement with you also agree to indemnify you from and against any and all damages costs liabilities and expenses including attorneys fees and expenses which may result directly or indirectly therefrom Limitations on Frequency and Dollar Amounts of Transactions may make cash advances and purchases only to the extent that have available funds in my designated checking account plus available funds in my designated overdraft sources Purchase transactions with a VISA Debit Card are limited to 3 000 00 each 24 hours For secu rity reasons there may be limits on the number of these transactions that may be authorized Returns and Adjustments VISA Debit Cards Merchants and others who honor VISA Debit Cards may give credit for returns or adjustments and they will do so by sending you a credit sl
39. if any or make a withdrawal from other accounts on which am a joint owner 2 Overdrawn Checking Account You may make a cash ad vance from my personal line of credit account if any or with draw funds from my savings account s or make a withdrawal from other accounts on which am a joint owner 3 Overdrawn Line of Credit You may withdraw funds from my savings account s money market account s or checking account s or other accounts on which am a joint owner If am eligible for your Premium Overdraft Service you may also cover my overdrafts in accordance with the Premium Overdraft Service found elsewhere in the Truth In Savings Disclosure and Account Agreement Overdrafts that cannot be honored are payable on demand and may result in termination of my account s My ATM Card and or VISA Debit Card Both an ATM Card and or VISA Debit Card and a Personal Identification Number PIN will be used each time use an ATM The following conditions must be observed for both the privacy and protection of my account and the system 1 I MUST KEEP MY CARD IN A SAFE PLACE AND PERMIT NO UN AUTHORIZED PERSON TO USE IT 2 MUST NOT A TELL ANY UNAUTHORIZED PERSON MY PIN B WRITE MY PIN ON MY CARD C WRITE MY PIN ON A SEPARATE PIECE OF PAPER AND KEEP IT IN MY PURSE OR WALLET WITH MY CARD OR D OTHERWISE MAKE IT AVAILABLE THROUGH THEFT MY OWN NEGLIGENCE OR OTHERWISE TO ANYONE ELSE 3 MUST TELL YOU IMMED
40. iffer by more than a certain amount from the previous payment or when the amount would fall outside certain limits that set Periodic Statement will receive a monthly account statement for each month in which a transfer is made but at least a quarterly statement if no transfers are made Right to Stop Preauthorized Payment If want to stop any of the preauthorized payments or revoke a preauthorized payment authori zation must call you at 831 479 6000 or toll free at 888 4BAYFED or write you at BAY FEDERAL CREDIT UNION 3333 Clares Street Capitola CA 95010 ATTENTION Member Service Center in time for you to receive my stop request no less than three 3 business days or more before the next payment is scheduled to be made If call you may also require me to put confirmation of my request in writing at the above address and get it to you within fourteen 14 days after call An oral request ceases to be binding after fourteen 14 days if have not provided you with my required written confirmation of my request You will charge me for each stop payment or revocation request give pursuant to your current Fee Schedule If have given you a request to revoke this entire preauthorized payment authorization understand and agree that must also promptly contact the third party to cancel revoke the entire preauthorized payment authorization and you may require me to provide you with a copy of my written revocation notice to
41. ip that you will post to my designated checking account International Transactions Purchases cash advances and cred its made in foreign currencies will be billed to my Account in U S dollars The conversion to U S dollars will be made in accordance with the VISA operating regulations for international transactions Transactions processed outside of the United States or in a foreign currency may be charged an international transaction fee regard less of whether there is a currency conversion associated with the transaction The conversion rate in dollars will be a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable Central Processing Date which rate may vary from the rate VISA itself received or the government mandated rate in ef fect for the applicable Central Processing Date in each instance plus a two percentage point 2 fee charged by you The conversion rate may be different than the rate on the day of the transaction or date of the posting to the account When a credit to the account does not fully offset a charge to the account due to changes in the rate am responsible for the difference ELECTRONIC CHECK TRANSACTIONS If have authorized a one time transfer of funds from my account via automated clearing house ACH where have provided a paper check or check information to a merchant or other payee in person or by telephone to capture the routing account and
42. it Union or the Bill Pay Service Provider You will overdraft from my indicated savings account personal line of credit account or VISA Credit Card Account as applicable according to the instructions have given you or you may cover an overdraft using your Premium Overdraft Service if there are not sufficient funds in the designated checking account A written notice will be sent to me of transactions you are unable to process because of insufficient available funds after each attempt 3 attempts In all cases am responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Pay Service Insufficient available funds will prevent you from making more payments until resolved authorize you and any third party acting on your behalf to choose the most effective method to process my payments will receive a transaction confirmation num ber for each properly instructed payment You may charge my designated checking account on the day that a check or other transaction is presented to you directly or electroni cally for payment The Credit Union reserves the right to refuse to make any payments but you will notify me of any such refusal within two 2 to four 4 business days following receipt of my process date Stop Payment Under some circumstances may stop or modify some authorized payments The Service s ability to process a stop payment request will depend on the payment
43. iting by fax via secure e mail or in person at any of your branches Fees and Charges for Electronic Funds Transaction Services All fees and charges associated with my electronic funds transac tions are disclosed in your Fee Schedule A stop payment placed on a preauthorized electronic payment is subject to a fee as disclosed in your Fee Schedule for each stop payment order give There may also be a charge assessed if overdraw my Checking Account by the use of a VISA Debit Card If request a copy of the documentation relative to an ATM or POS transaction except if the documentation is for resolution of a billing error a fee equal to your reasonable cost of reproduction will be charged Any fees charged will be deducted from my savings account money market account or checking account Change in Terms You may change the terms and charges for the services indicated in this Electronic Services Disclosure and Agree ment and may amend modify add to or delete from this Disclo sure and Agreement from time to time If have an account with you through which electronic transactions are being processed will re ceive written notice at least twenty one 21 days prior to the effective date of the change s or as otherwise provided by law Disclosure of Delayed Funds Availability You may place a hold for uncollected funds on an item deposit This could delay my ability to withdraw such funds For further details will see you
44. keyloggers and certain forms of attacks by unauthorized third parties seeking access to or control over my account Anti malware is a term that is commonly used to describe various software products that may also be referred to as antivirus or antispyware Anti malware software is used to attempt to prevent detect block and remove adware spyware and other forms of malware such as keyloggers Joint Accounts If utilize the BayFedOnline Banking Service to ac cess my accounts that are jointly owned transactions performed on any such account by electronic means where my Online Banking Pass word is utilized shall be considered authorized by me All applicable fees will be charged as set forth in the Fee Schedule Granting Access to Other People Entitlements As the authen ticated primary user of Online Banking have the ability to entitle another person or persons sub users to access your Online Banking website and grant certain authorities with respect to my accounts Entitlement options may include 1 View only access 2 Making transfers between designated accounts and 3 Initiating bill payments from designated accounts to designated accounts Entitlements may be granted individually or in combination Other en titlement features may become available in the future By granting entitlements to sub users agree to the following terms 1 understand that have sole authority and control over entitling managing
45. lular data connectivity by using the Bay Federal Credit Union BayFedMobile Application and my smart phone or other electronic device to take and send an Electronic Image of the item It eliminates the need to deliver the paper item to the Credit Union Eligibility Requirements To be eligible for the Remote Deposit Capture service must meet all of the following minimum criteria 1 lam 18 years of age or older 2 lam a member in good standing with the Credit Union 3 maintain a Credit Union checking account 4 do not have a negative record with a consumer reporting agen cy e g closed account excessive or unpaid NSF activity etc 5 Ihave not caused a loss to the Credit Union 6 Iam qualified for and am currently enrolled in the Credit Union s Premium Overdraft program and 7 have not been more than thirty 30 days late on any Credit Union loan payment The Credit Union reserves the right in its sole discretion to limit or re strict services to any member in accordance with Credit Union policy and applicable law System Requirements To use Remote Deposit Capture must have a mobile device with an enabled camera and service plan that includes data and Internet access Third party fees may apply for data and Internet access will contact my mobile device carrier for additional information must also have the Bay Federal Credit Union BayFedMobile Application in stalled on my mobile device The
46. may not use these Services understand that you reserve the right to change amend modify add to delete from and or cancel the terms of this Agreement at any time with or without notice BayFedMobile BANKING SERVICE AGREEMENT In addition to the other terms and conditions in this Disclosure and Agreement that are applicable to the BayFedMobile Banking Service the following ad ditional terms and conditions apply To use the BayFedMobile Banking Service must register for the BayFedMobile Banking Service using BayFedOnline Banking BayFedMobile allows me to access my account information through my mobile device may access BayFedMobile by mobile application System Requirements To use BayFedMobile must have a mobile device with a service plan that includes data Internet access with Secure Socket Layer SSL capability and must be a BayFedOnline Banking user with a Username and Password Third party fees may apply for data text messaging and Internet use will contact my mobile device carrier for additional information To access the BayFedMobile Banking Service will download the Bay FedMobile app from my device s app store or from www bayfed com The operating system version must be compatible with the latest ver sion of the app as determined by my device s app store Types of Available Transactions may use the BayFedMobile Banking Service to 1 Obtain account loan balance information 2 Obtain acc
47. ment applies only to the electronic service transac tions described herein Provisions in other disclosure documents as may be revised from time to time remain effective for all other aspects of the account involved Governing Law understand and agree that this Disclosure and Agreement and all questions relating to its validity interpretation per formance and enforcement shall be governed by and construed in accordance with the internal laws of the State of California notwith standing any conflict ofaws doctrines of such state or other jurisdic tion to the contrary also agree to submit to the personal jurisdiction of the courts of the State of California Copy Received acknowledge receipt of a copy of this Disclosure and Agreement PREAUTHORIZED DEPOSIT OF NET PAYCHECK PENSION CHECKS AND FEDERAL RECURRING PAYMENTS If have arranged to have preauthorized electronic deposits of my net paycheck if available from my employer pension checks or Federal Recurring Payments for example Social Security payments the fol lowing applies to me Account Access Preauthorized deposits may be made to my sav ings account s or checking account s Notification of Preauthorized Deposits If have arranged with a third party for example the Social Security Administration to make preauthorized deposits to my account at least once every sixty 60 days that third party making preauthorized deposits may have agreed to
48. mplete accurate and unaltered item payable to me that it originated as a paper item and that am legally entitled to negotiate it e The original check has not and will not be i deposited ii en dorsed to a third party or iii otherwise negotiated or submit ted for payment after transmitting the digital image through the Remote Deposit Capture service e No other duplicate images of the original check have been made e The electronic image of the check or any substitute check as defined by federal law will become the representation of the check for all purposes except funds availability including return item processing e Any files and images transmitted to the Credit Union will not con tain any viruses or any other disabling features that may have an adverse impact on the Credit Union s network data or related system e will not attempt to deposit or otherwise negotiate any original check that have previously presented to you as an Electronic Image through the Remote Deposit Capture service will not attempt to present a duplicate Electronic Image agree to indemnify defend and hold the Credit Union its directors officers employees and agents harmless for any losses liabilities damages claims costs or expenses including reasonable attorneys fees arising from its reliance on these representations and warran ties as well as any of the following e Any negligent or intentional act or omissio
49. n Internet browser that supports 128 bit encryption e g the latest versions of Internet Explorer Chrome or Safari e An email account and e mail software capable of reading and responding to e mail e A personal computer or other device operating system and telecommunications connections to the Internet capable of sup porting the Online Service e Software which permits me to receive access and download Portable Document Format or PDF files such as Adobe Ac robat Reader available for downloading at http Avww adobe com products acrobat readstep2 html To retain a copy of the Communications my computer or Mobile De vice must have the ability to download and store PDF files You also recommend that have a printer capable of printing for my records paper copies of the Communications In order to access and use Mobile Banking must have a supported Mobile Device enabled to receive and transmit data and which includes texting functionality if required It is my responsibility to ensure that all computers and devices includ ing Mobile Devices used by me to access the Online Service comply with the Online Service s hardware and software requirements Configuration Requirements Cookies Session Enabled Permanent Enabled JavaScript Enabled Minimum Screen Resolution 1024 x 768 pixels Adobe Acrobat Reader Version 9 x or higher Adobe Flash Player Version 10 or higher UNDERSTAND THAT THE CREDIT
50. n by me in the perfor mance of my obligations under this Agreement e Calculation or data entry errors made by me e Any material breach of this Agreement or violation of any appli cable law statute or regulation in the performance of my obliga tions e My failure to securely maintain my hardware my security creden tials or to securely maintain or dispose of any original check This section shall survive the termination of the Remote Deposit Cap ture service FUNDS TRANSFER SERVICES AGREEMENT may use the Funds Transfer Service to transfer funds between any of my accounts whether such accounts are with you or at another unrelated financial institution may also use the Funds Transfer Ser vice to access Popmoney to transfer funds from one of my accounts to another party s account using a mobile telephone number or email address Frequency of Transfers You do not currently limit the number of funds transfers may make It is my responsibility to review your Ac count Disclosures to ensure that am complying with the terms and limitations of such Accounts From time to time you may impose additional limits on the frequency of transfers Dollar Amount of Transfers You reserve the right to change at your discretion and without notice the dollar amount of funds trans fers that am permitted to make Transfers Subject to Account Disclosures All funds transfers are subject to the relevant Account Disclosur
51. notify me every time the party sends you money to deposit to my account If have not made such an arrangement may telephone you at 831 479 6000 or toll free at 888 4BAYFED and you will advise me whether or not the preauthorized deposit has been made Documentation of Preauthorized Deposits Generally will re ceive a monthly account statement for each month in which a pre authorized deposit is made but at least quarterly if no preauthorized deposits are made However if the only electronic fund transaction service have with you is preauthorized deposits then you reserve the right to send me a quarterly statement only PREAUTHORIZED PAYMENT SERVICES If have requested a preauthorized payment to a third party from my checking account or ACH payments via a savings account with you the following applies to me Account Access Preauthorized payments may be made from my checking or savings account s only Right to Receive Documentation of Preauthorized Payment Initial Authorization can get copies of the preauthorized pay ment documentation from the third party being paid at the time give them the initial authorization Notice of Varying Amounts If my preauthorized payment may vary in amount the party who will receive the payment is required to tell me ten 10 days before such payment when it will be made and how much it will be may agree with the person being paid to receive this notice only when the payment will d
52. on Frequency and Dollar Amount of Transactions 1 Withdrawals from my savings account s money market account s or checking account s or loan advances on my per sonal line of credit whether by check or transfer to other ac counts are not limited in terms of minimum or maximum dollar amounts per transaction except as listed below 2 All withdrawals and transfers from a savings account money market account or checking account are limited to the extent of clear funds available in the account 3 All loan advances are limited to the amount available from my personal line of credit 4 The maximum amount per withdrawal transfer is limited to the amount of available funds in my account at the time of the trans fer External transfers are limited in terms of the maximum dollar amount up to 50 000 00 of outstanding payments or transfers pending and 125 000 00 per month aggregate 5 There is no charge for BayFedOnline Banking Authorization authorize you to charge my designated checking account s for any transactions accomplished through the use of the Service including the amount of any recurring payment that make and all charges as shown in the Fee Schedule associated with the Service authorize you to transfer funds electronically between my designated checking account s according to my instructions initiated through BayFedOnline Banking Eligibility understand that in order to use BayFedOnline Banking mu
53. one Banking Types of Available Transactions may use my BayPhone PIN to 1 Balance Inquiries 2 Make withdrawals from my savings account s except from IRAs or from the principal of a certificate account or checking account s or advances on my personal line of credit by Credit Union check issued in the name of the member appearing first on the account signature card mailed to my address of record 3 Transfer funds between my savings account s and checking account s 4 Make loan payments by transferring the amount of the payment from my savings account s or my checking account s 5 Make account balance and transaction history inquiries on my savings account s checking account s or loan account s 6 Obtain loan payment due date and estimated payoff information 7 Find out if a specific check has cleared 8 Report a lost or stolen Bay Federal Credit Union VISA Debit Card or Credit Card 9 Activate my Bay Federal Credit Union Credit Card 10 Change my BayPhone PIN and All payments and deposits are subject to later verification by you You may offer additional services in the future and if so will be notified of them BayPhone Personal Identification Number PIN understand that cannot use BayPhone Telephone Banking without an identifica tion number which you refer to as a BayPhone PIN You will provide a temporary BayPhone PIN to me and agree to change it to a PIN of my own choosing
54. oper keying of my transaction Rev 10 2015 BFCU101
55. ount and loan transaction history 3 Obtain loan payment due date and estimated payoff information 4 Find out if a specific check has cleared and see image of check 5 Transfer funds between my accounts at Bay Federal Credit Union 6 Transfer funds to accounts outside of Bay Federal Credit Union 7 Pay Bills 8 Locate Bay Federal branches and ATMs 9 Send secure messages to Bay Federal Credit Union 10 Make deposits through Remote Deposit Capture Fees Associated With BayFedMobile You will automatically de duct any applicable fees from my designated checking account as set forth in your Fee Schedule Amendments This Agreement any user s manual and the appli cable fees and charges may be amended by you in the future In the event of amendment you shall send notice to me either by mail to my last known address or transmit such notice of the amendment through the BayFedMobile Service My use of the BayFedMobile fea ture following the receipt of such notice constitutes acceptance of such amendment BILL PAY SERVICES AGREEMENT In addition to the other terms and conditions in this Disclosure and Agreement that are applicable to the Bill Pay Service the following additional terms and conditions apply To use the Bill Pay Service must register for the Bill Pay Service using BayFedOnline Banking Types of Available Transactions may use the Bill Pay Service to 1 Add Delete Edit Payees Payee ref
56. r Truth In Savings Disclosure and Account Agreement or contact a Credit Union officer Termination of Electronic Funds Transaction Services may by written request terminate any of the electronic services provided for in this Disclosure and Agreement You may terminate my right to make electronic funds transactions at any time upon written notice and may reinstate such services at your discretion If ask you to terminate my account or the use of an ATM Card or any other access device will remain liable for subsequent authorized transactions oc curring prior to and after such termination Account Access My Account the Card s or any other access de vice or method including automated clearing house ACH and Elec tronic Check Transactions may not be used for any illegal activity or transaction understand that may not utilize my Account the Card s or any other access device or method for the purchase of any goods or services on the Internet that involve online gambling of any sort Prohibited activity and transactions include but may not be limited to any quasi cash or online gambling transaction electronic commerce gambling transaction conducted over an open network and any betting transaction including the purchase of lottery tickets or casino gaming chips or off track betting or wagering You may deny authorization of any transactions identified as gambling However in the event that a transaction described in
57. s by transfers from my savings account s check ing account s or money market account s 10 Utilize the Bill Pay service from my designated checking account s 11 Obtain loan payment due date and estimated payoff information 12 Obtain last year and year to date dividends paid information 13 Find out if a specific check has cleared 14 Place a stop payment on a check 15 Sign up to receive electronic statements e Statements 16 Access and view electronic statements e Statements 17 Request a new VISA Debit Card 18 Download transaction information to personal financial manage ment software from my checking or savings account s 19 Customize the name of accounts 20 Change my a BayFedOnline Banking Password b BayFedOnline Banking Username c Multifactor Authentication d Address e Email address and f Telephone number 21 Send an in session message to the Credit Union 22 Manage financial and personal alert settings on my account 23 Grant access to my designees via entitlements 24 Purchase Rewards You may offer additional services in the future and if so will be notified of them Balance Inquiries Balance information available through Online Banking may not be accurate because the balance information may not reflect all recent transactions For accurate balance information contact the Credit Union at 831 479 6000 or toll free at 888 4BAY FED Limitations
58. st have an account in good standing and have a BayFedOnline Banking Password with you BayFedOnline Banking Password understand that cannot use BayFedOnline Banking without a BayFedOnline Banking Password AGREE THAT THE USE OF THE PASSWORD CONSTITUTES A REASON ABLE SECURITY PROCEDURE FOR ANY TRANSACTION am responsible for the safekeeping of my BayFedOnline Banking Password and for all transactions made by use of the BayFedOnline Banking Service will notify you immediately by phone and send writ ten confirmation if my BayFedOnline Banking Password is disclosed to anyone If disclose my BayFedOnline Banking Password to anyone including without limitation an account aggregate service provider however understand and agree that have given them access to my account via BayFedOnline Banking and am responsible for any such transaction understand and agree that must change the BayFedOn line Banking Password immediately to prevent transactions on my ac count if anyone not authorized by me has access to my BayFedOnline Banking Password further understand and agree that my BayFedOn line Banking Password is not transferable and will not disclose it or permit any unauthorized use thereof If voluntarily subscribe to a third party account aggregation service where my selected Credit Union deposit and loan account s as well as my accounts at other financial investment institutions may be ac cessed on a website
59. tations on Frequency and Dollar Amount of Transactions 1 Withdrawals from most ATMs are limited to a maximum of 600 00 per transaction and 600 00 per day Note however that withdrawal limitations may vary between networks and indi vidual machines In addition you reserve the right to adjust my maximum per day cash disbursement levels from time to time in your sole discretion 2 Minimum withdrawal amounts and increment amounts may vary depending on the system or machine access For example the minimum withdrawal and increment amount at Shared Network machines is generally 20 00 3 For security reasons in the event my ATM Card VISA Debit Card or VISA Credit Card or the PIN is lost or stolen there may be restrictions on transactions can make on the ATM System Overdraft to Line of Credit understand that if have an overdraft line of credit in conjunction with my checking account then may use that line of credit to fund any overdraft on my checking account including overdrafts caused by ATM or POS terminal access under stand that may not otherwise use my ATM Card s or VISA Debit Card to overdraw my savings account s checking account s or personal line of credit if applicable However if do overdraw authorize you to cover the overdraft as follows 1 Overdrawn Savings Account You may withdraw funds from my checking account s or make a cash advance from my per sonal line of credit account
60. the third party Your Liability for Failure to Stop Payment If order you to stop one of my preauthorized payments no less than three 3 business days or more before the transfer is scheduled and you do not do so you will be liable for my losses or damages to the extent provided by law agree to pay you a Stop Payment Fee in accordance with your Fee Schedule for each stop payment order give Liability for Unauthorized Electronic Payments may be liable for unauthorized transfers made from my account by a third party If believe such transfer has occurred must follow the procedures out lined in the General Disclosures Applicable to All Electronic Services section for resolving errors Please also refer to the section entitled ATM Electronic Funds Transactions Point of Sale Transactions Bay Phone Telephone Banking Transactions BayFedOnline Banking Trans actions Bill Pay BayFedMobile Banking Remote Deposit Capture Services Funds Transfers and Electronic Check Transactions BayPhone TELEPHONE BANKING BayPhone Telephone Banking is a telephone banking service which will allow me to perform monetary transactions and account balance inquiries without assistance from your staff have the option to use voice response or touch tone Before can use BayPhone Telephone Banking must request the service and then you will provide me with a personal identification number PIN for access to your BayPhone Teleph
61. to forty five 45 days to investigate my complaint or question If you decide to do this you will credit my account within ten 10 business days for the amount think is in error so that will have the use of the money during the time it takes you to complete your investigation If you ask me to put my complaint or question in writing and you do not receive it within ten 10 business days you may not credit my account In accordance with VISA Operating Rules and Regulations will re ceive provisional credit for VISA Debit Card losses for unauthorized use within five 5 business days after have notified you of the loss For errors involving new accounts point of sale or foreign initiated transactions you may take up to ninety 90 days to investigate my compliant or question For new accounts you may take up to twenty 20 business days to credit my account for the amount think is in error You will tell me the results within three 3 business days after com pleting your investigation If you decide that there was no error you will send me a written explanation may ask for copies of the docu ments that you used in your investigation Your Liability for Failure to Make or Complete Electronic Funds Transactions If you do not properly complete an electronic funds transaction to my account on time or in the correct amount accord ing to your agreement with me you may be liable for my losses and damages However there
62. uctions understand that as my agent you may provide such financial institution any required information to verify the instructions further agree that may authorize such financial institution to charge and debit my accounts based solely on these communications If the transfer is rejected for any reason the funds will be returned to the transferor ATM ELECTRONIC FUNDS TRANSACTIONS If requested that you issue me an ATM Card or VISA Debit Card to be used to transact business at any of your proprietary ATMs or any ATM displaying the STAR or PLUS Logo and belonging to the CO OP Shared Network System of ATMs or activated a VISA Credit Card to obtain advances at ATMs bearing the VISA logo then the information below applies to me Access to ATMs is through the use of a Card and a Personal Identification Number PIN which you will provide to me Types of Available Transactions and Limits on Transactions The types of currently available transactions are listed below Trans action types and services may be limited on certain ATMs on the systems that are not owned by you non proprietary ATMs such as for example withdrawal limits If a transaction or service type is not available the attempted transaction will generally be refused as an invalid transaction Account Access The ATM services that you make available to me are 1 Deposits to my savings account s money market account s and checking account

electronic services disclosure and agreement

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