This Online Banking Agreement
and Disclosure ("Agreement") describes your rights and
obligations as a user of the Online Banking service or the Bill
Payment service ("Services"). It also describes the rights
and obligations of Hoosier Hills Credit Union ("Credit Union").
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.
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 a personal computer;
3. "ISP"
refers to your Internet Service Provider;
4. "Online
Banking" is the internet-based service providing access to
your Credit Union account(s);
5. "Online
Account" means the Credit Union account from which you will
be conducting transactions using a  Service;
6. "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;
7. "PC"
means your personal computer which enables you, with the Internet
browser and ISP, to access your  Online
Account;
8. "Time
of day" references are to Eastern Standard Time;
9. "User
ID" is the Credit Union -generated identification code assigned
to you for your connection to the Service;
10. "We",
"us", or " Credit Union " refer to Hoosier Hills
Credit Union which offers the Services and which holds the accounts
accessed by the Services; and
11. "You"
or "your" refers to the owner of the account or the authorized
representative.
II. Access to Services
The Credit Union will provide instructions on how to use the Online
Banking and Bill payment Services. 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.
For purposes of transactions,
the Credit Union's business days are Monday through Saturday, excluding
Sundays and holidays. All Online Banking transaction requests received
after approximately 6 p.m. on business days and all transactions
which are requested on Sundays and holidays on which the Credit
Union chooses to remain closed, will be processed with the Credit
Union’s next business day’s date.
III. Banking Transactions
with Online Banking
A. Account
Access. This feature allows you to access your various savings and
loan accounts. With Account  Access,
you can view your current savings and loan balances, view several
months of transaction history for each account
and transfer funds between your accounts.
B. Transfer
of Funds. In addition to viewing account information, you may use
Online Banking to conduct the  transfer
of funds. You may transfer funds among your checking accounts, savings
accounts, and money market accounts.
Also, you may transfer from deposit account to loan accounts to
make loan payments.
C. Additional
Services. New services may be introduced for Online Banking from
time to time. The Credit Union 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
The Credit Union offers the benefits and convenience of the Online
Banking Service to you free. The monthly service fee for Bill Payment
is dependent on your account relationship at the Credit Union. The
fee will be deducted automatically from your Bill Payment account.
See the following service fee tiers:
Tier 1
For members
who have direct deposit or payroll deduction with HHCU.
Signup Fee:
None
Monthly Fee:
None
Per Bill Fee:
$.36
Tier 2
For members
who do not have direct deposit or payroll deduction with HHCU.
Signup Fee:
$2.00
Monthly Fee:
$1.75
Per Bill Fee:
$.36
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:
* Do not give
out your account information, Password, or User ID;
* Do not leave
your PC unattended while you are in the Credit Union's Online Banking
Site;
* Never leave
your account information within range of others; and
* Do not send
privileged account information (account number, Password, etc.)
in any public or general e-mail  system.
If you believe your password has been lost or stolen, or if you
suspect any fraudulent activity on your account, call the Credit
Union immediately at 812.279.6644 between the hours of 8 a.m. to
4:30 p.m., Monday through Thursday and 8 a.m. to 6 p.m. on Friday.
Telephoning the Credit Union 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 the Online Banking section of
the Web site to change your Password.
VII. Electronic
Mail (E-mail)
If you send the Credit Union an e-mail message, the Credit Union
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.
* NOTE: E-mail
transmissions outside of the Online Banking site are not secure.
We advise you not to send us or ask
for sensitive information such as account numbers, password, account
information, etc. via any general or public
e-mail system.
VIII. Bill Payment
Services
A.
Description of Service. The Bill Payment Service 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 the Bill Payment Service,
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 the Bill Payment Service. 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 the Service from time to time. You should
not use the Bill Payment Service 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 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 the Bill Payment Service, 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 three (3) to
five (5) 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 three (3) business days to reach the  payee.
However, if the company or person that you are paying cannot accept
an electronic payment, the Bill  Payment
Service will send a check that may take up to five (5) business
days. 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. If you  schedule
your payment and follow all instructions provided, but the payment
is not received by the payee in a  timely
manner, the Credit Union will work with the payee on your behalf
to reverse any late fees or charges.
C. No Duty
to Monitor Payments. The Credit Union is only responsible for exercising
ordinary care in processing and
sending payments upon your authorization in accordance with this
Agreement. The Credit Union will not be  liable
in any way for damages you incur for any of the following reasons:
* insufficient
funds in your Bill Payment Account to make the payment on the processing
date;
* delays in
mail delivery;
* changes
to the payee's address or account number unless we've been advised
of the change in advance
* the failure
of any payee to correctly account for or credit the payment in a
timely manner, or
* any other
circumstances beyond the control of the Credit Union.
If
the session during which you schedule a payment or transfer ends
by 2:00 p.m., the Credit Union will be  considered
to have received it on that day. Otherwise, it will be considered
received on the following business day. For
all entries made using the Services, the time recorded by the Online
Banking Service will be considered the official
time of the transaction.
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, the Bill Payment Service will automatically block
future Bill Payment Service until the  account
has sufficient funds to make the payment. The Credit Union will
attempt to notify you by e-mail or U.S.  Postal
Mail, but the Credit Union 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
the Service at 1.800.823.7555 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 the Service prior to
[9 p.m.] on
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 the Credit Union, 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. The Credit Union 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.
IX. Linked Accounts
All accounts with the Credit Union 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:
* the accounts
of the business for which that person is an authorized user;
* the accounts
of any other business for which that person is an authorized user;
and
* any consumer
accounts for which the person is a co-owner or authorized signer.
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:
* enter into
this Agreement, as amended from time to time;
* access each
account of yours in any manner and for any purpose available through
the Service, whether now  available
or available at some time in the future; and
* use any
Online banking service in any manner and for any purpose available
through the Service, whether now available
or available at some time in the future.
XI. Term and Termination
A. Term. This
Agreement will become effective on the Effective Date and shall
remain in full force and effect until termination
in accordance with the following provisions.
B. Termination
for Cause. We may immediately terminate your electronic banking
privileges (including the Bill  Payment
Service) 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 the agreement 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 your use of the Services
for any other reason.
C. Termination
for Convenience. To terminate this Agreement, you must notify the
Credit Union and provide your name,
address, the Service(s) you are discontinuing, and the termination
date of the Service(s). When Bill Payment is
terminated, any prescheduled bill payments made through Online Banking
will also be terminated. Your final  charge
for the Bill Payment service will be assessed at the end of your
statement cycle. You may notify the Credit Union
by one of the following methods:
 *
By sending an e-mail to hhcu@kiva.net.
 *
By calling 812.279.6644 or 800.865.2612.
 *
By writing a letter and either sending it to the following address: Hoosier Hills Credit Union / 630 Lincoln  Avenue
/ Bedford, IN 47421, or giving it to a Member Service Representative
at any of the Credit Union's   locations.
If you are not paying a
monthly service charge for the Service, we may convert your account
to inactive status if you do not sign on to the Service or have
any transaction scheduled through the Service during any consecutive
90 day period. If your account is considered inactive, you must
contact us to have the Service activated before you will be able
to schedule any transaction through the Service.
XII. Electronic
Fund Transfer Provisions For Consumers
A.
Applicability. These provisions are only applicable to online electronic
fund transfers which credit or debit a  consumer's
checking, savings or other asset account and are subject to the
Federal Reserve Board's Regulation E (an
"EFT"). When applicable, the Credit Union may rely on
any exceptions to these provisions which 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 the Credit Union within two (2) business days after
your password was lost or stolen, 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 the Credit Union within two (2) business days
after your password was lost or stolen, your  liability
will not exceed the lesser of $500.00 or the total of:
  *
$50.00 or the amount of unauthorized EFTs that occur within the
two (2) business days; and
  *
the total of authorized EFTs which occur during the two (2) days
before notification to the Credit Union,   provided
the Credit Union establishes that these EFTs would not have occurred
had the Credit Union been   notified
within that two-day period.
 3.
You must report an unauthorized EFT which 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 with 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 20   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 an alleged error involves an electronic fund transfer
outside a state or territory or  possession
of the United States, the applicable time periods for action by
us are 20 business days (instead of  10)
and 90 calendar days (instead of 45). 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 the Credit Union by telephone, by writing, or in
person. 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 812.279.6644 or 800.865.2612 or write us at: Attn: Electronic
Banking Services Department,  Hoosier
Hills Credit Union / 630 Lincoln Avenue / Bedford, IN 47421.
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 services accounts. Unless
otherwise required by applicable law, we are
only responsible for performing the Online Banking and Bill Payment
services 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 the Credit Union, 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 banking 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 the Credit  Union
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.
IN NO EVENT SHALL WE HAVE
ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
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.
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,
nor will we be liable for any direct, indirect, special
or consequential damages resulting from your access to or failure
to access an Online Banking or Bill  Payment
account.
D. Virus Protection.
The Credit Union is not responsible for any electronic virus or
viruses that you may encounter. We
suggest that you routinely scan your PC using a virus protection
product. An undetected virus may corrupt and destroy
your programs, files, and your hardware.
XIV. General Terms and Conditions
A.
Credit Union Agreements. In addition to this Agreement, you and
the Credit Union agree to be bound by and  comply
with the requirements of the agreements applicable to each of your
Online Accounts. Your use of the Online Banking
Service or the Bill Payment Service 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. The Credit Union 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.
C. Assignment.
We may assign this Agreement to an affiliate of the Credit Union
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 the other party's 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. Disclosure
of Information. We will only disclose information to third parties
about your account or transfers you make
under the following circumstances:
 *
where it is necessary for the provision of Online Banking and for
completing transfers;
 *
in order to verify the existence and condition of your account for
a third party, such as a credit bureau or   merchant;
 *
in order to comply with government or court orders, or other reporting
requirements;
 *
if you give us your permission;
 *
to the Credit Union affiliated companies.
F. Governing
Law. This Agreement is governed by the laws of the State of Indiana
and applicable federal law.
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