Online Banking Disclosure

This Online Banking Services Agreement and Disclosure (“Agreement”) describes your rights and obligations as a user of the Online Banking service (“Service”). It also describes the rights and obligations of ElecTel Cooperative Federal Credit Union (“Credit Union”). Please read this Agreement carefully.

By requesting and using these Services, or authorizing any other persons to use these services, you agree to comply with the terms and conditions of this Agreement.

Definitions
The following definitions apply in this Agreement:
1. “Authorized Representative” refers to a person with authority (with respect to the account);
2. “ISP” refers to your Internet Service Provider;
3. “Internet Account Access” is the internet-based service providing access to your Credit Union account(s) i.e. “Online Banking”;
4. “Online Account” means any Credit Union account or loan from which you will be conducting transactions using this Service;
5. “Password” is the member-generated code or PIN (Personal Identification Number) selected by you for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service and without which you cannot access the Service;
6. “PC” means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
7. “Time of day” references are to Eastern Standard Time;
8. “User ID” is the Credit Union-generated identification code assigned to you for your connection to the Service;
9. “We”, “us”, or “Credit Union” refer to ElecTel Cooperative Federal Credit Union which offers this Service and which holds the accounts accessed by the Service; and
10. “You” or “your” refers to the owner of the account or the authorized representative.
Access to Service
The Credit Union will provide instructions via the Credit Union’s website on how to use Online Banking (Internet Account Access) service. 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 Service may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.You can initiate our Internet Account Access/Online Banking service at any time by following the website instructions provided. Note that you may be required to change your Password/PIN in order to access the service subsequent to your first sign-on withOnline Banking. For purposes of transactions, the Credit Union’s business days are Monday through Friday, excluding holidays and weekends.
Credit Union Transactions with Online Banking
1. Account Access. You may access any of your Credit Union personal accounts online, including share savings, checking, and club accounts, certificates of deposit, and loan accounts.
2. Transfer of Funds. In addition to viewing account information, you may use Internet Account Access to conduct the transfer of funds. You may transfer funds between your checking accounts and share savings accounts, and from your checking or share savings accounts to your club accounts. NOTE: Because regulations require the Credit Union to limit preauthorized transfers (including Internet Account Access transfers), the following limitations may apply: You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Internet Account Access.
3. 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 provided to you concerning these services.
Schedule of Fees and Costs
The Credit Union offers the benefits and convenience of Online Banking to you for free.Fee structures are subject to change.You agree to pay, or any person authorized by you to use the PIN Online Banking service, any fees and charges assessed against your online accounts under the terms of this Agreement, the Fee Schedule, and any other agreement you have with the Credit Union. If you do not pay any amounts owing to the Credit Union under this Agreement, you authorize the Credit Union, in its sole discretion, to add any amount owing to the Credit Union to the balance of any Loan or Line of Credit you have with the Credit Union. Additionally, ElecTel Cooperative Federal Credit Union has the right of offset on any outstanding fees or negative balances you may owe.Additionally, if legal action is necessary to enforce this Agreement or collect any amounts owing to the Credit Union or collect any fees or charges assessed under this Agreement, the Credit Union has the right, subject to applicable law, to payment by you of all attorney’s fees and costs, including fees on any appeal and any post-judgment actions. You agree that such legal action may be filed and heard in the county and state in which the Credit Union’s principal place of doing business is located, if allowed by applicable law. Any disputes regarding this agreement shall be within the jurisdiction of the court of the county in which the credit union’s principal place of doing business is located.
Statements and Notices
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. Members with checking accounts will receive monthly statements. Members who do not have a checking account will receive a statement at least quarterly, as well as for any month in which an electronic transfer transaction is executed.Statements and notices will be mailed to you at the most recent address you have given the Credit Union. You agree to promptly notify the Credit Union in writing of any address change. Additionally, you agree to notify the Credit Union in writing at least ten (10) Business Days in advance of any change in your Checking Account or your general Credit Union status.
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. NOTE: E-mail transmissions outside of Online Banking are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password/PIN, account information, etc. via any general or public e-mail system.
Term and Termination
1. 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.
2. Termination. We may immediately terminate your electronic account access privileges without notice to you under the following circumstances:
  1. you do not pay any fee required by this Agreement when due or
  2. you do not comply with this agreement or any agreement governing your deposit or loan accounts, or
  3. your accounts are not maintained in good standing.
  We may terminate this Agreement for your use of the service for any reason at the Credit Union’s sole discretion. We will notify you as required by applicable law if we terminate this Agreement or your use of the Service for any other reason.
3. Termination for Convenience. To terminate this Agreement, you must notify the Credit Union, providing your name and address, indicating the Service you are discontinuing, and stating the termination date of the Service. Notice of termination shall not be effective on the Credit Union until the business day after the business day on which such notice is actually received by the Credit Union. You may notify the Credit Union by any one of the following methods: — By sending an e-mail to: Memberservices@electel.org (Insert in the Subject Line: Online Banking)
  By calling: 919-872-2395 or 1-800-849-5600
  or by writing a letter and either sending it to the following address:
  Attention: E Commerce
  ElecTel Cooperative Federal Credit Union
  3400 Sumner Boulevard
  Raleigh, NC 27616
  or by giving the letter to a Manager at any of the Credit Union’s locations.
Liability
1. 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/Internet Account Access service accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service 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 a 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 the Credit Union’s Internet Account Access policy.
  4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
  5. f 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, your membership and account agreement with the Credit Union, 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.
2. 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/Internet Account Access account.
3. 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.
4. We will not be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access Online Banking/Internet Account Access account.
5. 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, your files, and your hardware.
General Terms and Conditions
1. Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the all of the requirements of all agreements applicable to each of your Online Accounts. Your use of the Online Banking Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review these other disclosures carefully, including disclosure of charges that may be imposed for electronic funds transfers completed as well as disclosure of any limitations upon your rights to make electronic funds transfers, and you should carefully review the fee schedule contained in this Agreement. We will automatically deduct any fees, if any applicable, related to the Online Banking service from your Share Savings account each month.
2. Changes and Modifications. The Credit Union may modify the terms and conditions applicable to this Service from time to time. We may send any notice required by applicable law to you, except as prohibited by applicable law, and you will be deemed to have received this notice five 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 Service in whole or in part at any time without prior notice.
3. Captions. The captions of sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
4. 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.
5. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
6. Disclosure of Information. We will only disclose information to third parties about your account or the 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.
7. Governing Law. This Agreement is governed by the laws of the State of North Carolina and applicable federal law.

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