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Online Banking Terms and Conditions
ELECTRONIC SIGNATURE DISCLOSURE
The Electronic Signatures in Global and National Commerce Act (ESIGN) requires your approval before we can provide disclosures to you electronically. This Agreement governs Electronic Access to services provided by Ventura County Credit Union through its website at www.vccuonline.net ("Website") including Online Banking and any additional online or other electronic services including, but not limited to, Electronic Statements, Bill Payment, Electronic Account Notifications, Mobile Account Access and Remote Deposit Capture, that VCCU currently makes or in the future may make available via Electronic Access and which you currently or in the future may access or otherwise use (an "Electronic Service"). In order to access an Electronic Service, you must request each service individually by agreeing to the terms and conditions of the separate agreement pertaining to such service. However, the terms of this Agreement control all general aspects of your obtaining Electronic Services, including, among other things, 1) the use of your "Electronic Signature" with respect to all Electronic Services and the agreements relating to such services; 2) your consent to receive/obtain "Member Services" via Electronic Access; and 3) restriction or revocation of receiving/obtaining Member Services via Electronic Access.
Please read this Disclosure and Agreement carefully and save or print a copy for your records.
Terms
This Disclosure and Agreement ("Agreement") is the contract which covers your and our rights and responsibilities concerning your use of an Electronic Signature in connection with or related to the Electronic Services offered to you by Ventura County Credit Union ("VCCU"). These Electronic Services may permit you to electronically open a deposit account online, initiate account transactions involving your accounts, and communicate with, and receive disclosures and records regarding, your account. In this Agreement, the words "you", "your," and "yours" mean the person electronically signing this Agreement below and any joint account owners or any person authorized to use Electronic Services. The words "we", "us", and "our" mean VCCU.
The terms of this Agreement are in addition to the terms of any deposit account agreements you have with us, including but not limited to the 1) Membership and Account Agreement 2) Truth-in-Savings Disclosures 3) Funds Availability Policy Disclosure 4) Privacy Notice Disclosure 5) Electronic Fund Transfers Agreement and Disclosure and any Changes of Terms notices. In the event of a conflict between any other agreement or disclosure and this Agreement, you agree that the terms of this Agreement shall control.
Electronic Signature
You consent and agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action or to otherwise provide VCCU instructions via Electronic Access, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures, or conditions constitutes your signature, acceptance, and agreement as if actually signed by you in writing (your "Electronic Signature"). You also agree that no certification authority or other third party verification is necessary to validate your Electronic Signature and the lack of such certification or third party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between you and VCCU. If you open an account electronically within VCCU’s Online Banking service, including a Personalized Savings account, Holiday Club account, Money Market Access account, or a Checking account, or for any additional account that VCCU may make available in the future, you authorize the same vesting information from your Primary Share account, including, but not limited to, any joint account owner or beneficiary, and you authorize the opening of accounts via your Electronic Signature as described above. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You understand and agree that your Electronic Signature executed in conjunction with the electronic submission of your application shall be binding and such transaction shall be considered authorized by you.
Consent to electronic delivery
You specifically agree to receive and/or obtain any and all "Member Services" via Electronic Access. The term "Member Services" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records, and any other communications regarding your accounts or relationship with VCCU, that VCCU elects to provide via Electronic Access. You acknowledge that, for your records, you are able to use Electronic Access to retain a record by printing and/or downloading and saving the following: 1) this Agreement; 2) all Member Service communications; and 3) any other Agreements, documents, or records that you sign using your Electronic Signature. You accept as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, Member Services via Electronic Access and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
System Requirements
To receive the applicable disclosures electronically, you must have a computing device capable of running current and prior major releases of Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari (Apple devices only). Beta versions are not supported. In addition, you must have PDF viewing software installed and able to operate as a plugin to a supported browser. You will also need access to the Internet with an email address and the capability of receiving downloads of up to 5MB.
If there is a change in the hardware/software requirements associated with this service, we will notify you and provide an explanation of the updated hardware/software requirements. It is your sole responsibility to ensure your personal computer and related equipment are compatible with and capable of operating in a manner that allows you to utilize Electronic Services. If you cannot meet the requirements for any reason, you have the right to withdraw your consent at that time at no cost to you.
Requesting Paper Version of Member Services Communications
You may request a paper version of a Member Services communication. You acknowledge that VCCU reserves the right, at its discretion, to charge you a reasonable fee as may be specified in the Fee Schedule that is in effect at the time of your request for delivering a Member Services communication in paper form or by any form other than Electronic Access. To request a paper version of a Member Services communication, contact VCCU by one of the following options:
- E-mail: memberservicecenter@vccuonline.net
- Telephone: 800-339-0496 during normal business hours
- Mail: Ventura County Credit Union, PO Box 6920, Ventura, CA 93006-6920
Updating Your Personal Information
Your email address is required in order for you to obtain Electronic Services. VCCU may notify you through email when a Member Service communication or updated agreement pertaining to Electronic Services is available. It is your responsibility, however, to use Electronic Access regularly to check for updates to Member Services and also to check for updates to this Agreement and any other agreement for Electronic Services to which you are a party. To ensure that you continue to receive any such email notice pertaining to Member Services or an agreement pertaining to Electronic Services, you agree to keep VCCU informed of any changes in your email address. You may modify your email notification address by accessing Profile within VCCU’s Online Banking service which is accessible via VCCU’s web page at www.vccuonline.net.
Right to Withdraw Consent
You have the right to withdraw your consent to receive/obtain Member Services via Electronic Access at any time. You acknowledge that if you restrict or revoke your consent to receive/obtain Member Services via Electronic Access, VCCU reserves the right, at its discretion, to charge you a reasonable fee as may be specified in the Fee Schedule that is in effect at the time of your request. You also acknowledge that VCCU reserves the right to restrict your use of or to terminate your access to any or all Electronic Services if you withdraw you consent to receive/obtain Member Services via Electronic Access. If we send you an email notification and it is returned to us as undeliverable, VCCU will presume that you have revoked you consent to receive/obtain Member Services via Electronic Access and Electronic Services may be discontinued. If you wish to withdraw your consent, you must contact VCCU by one of the following options:
- E-mail: memberservicecenter@vccuonline.net
- Telephone: 800-339-0496 during normal business hours
- Mail: Ventura County Credit Union, PO Box 6920, Ventura, CA 93006-6920
Online Banking Account Access Disclosure and Agreement
This Disclosure and Agreement ("Agreement") establishes the rules and requirements regarding your electronic access to your account(s) at Ventura County Credit Union through Online Banking. You are bound by this Agreement when you enroll for Online Banking. You also accept all of the terms and conditions of this Agreement by clicking "Submit" below or by using Online Banking.
Read this document carefully. You can print a copy for your files.
For the purposes of this agreement, the terms "we," "us," "our," and "Credit Union" refer to Ventura County Credit Union. "You," "your," or "yours" refers to the Credit Union member, joint account owner, or anyone authorized by the member to use the account. "Account" means any one or more share or loan accounts you have with the Credit Union.
This Agreement explains and describes the types of Electronic Funds Transfers which are available to you within Online Banking. This Agreement also contains your rights and responsibilities concerning transactions that you make through Online Banking, including your rights under the Electronic Funds Transfer Act. The terms and conditions of the Credit Union’s Membership and Account Agreement, Electronic Services Disclosure, and any other applicable agreements and/or disclosures supplement this Agreement and are incorporated herein by this reference. In the event of a conflict between this Agreement and any other agreement or disclosure, this Agreement shall control.
ACCESS TO ONLINE BANKING
To use Online Banking, you are required to create a Username and Password in connection with your registration and use of the Online Banking service. Your Username and Password are confidential and should NOT be disclosed to others. Your Username must NOT be the same as your account number or password. The Username must be between 6 and 20 characters, must start with a letter and may only contain numbers and letters. You are responsible for the proper safekeeping of your Username and Password. If you authorize anyone to use your Username or Password, that authority shall continue until you specifically revoke such authority by changing the Username and Password or by notifying the Credit Union and creating a new Username and Password. Anyone to whom you give your Username and Password will have full access to your accounts even if you attempt to limit that person’s authority.
If you voluntarily subscribe to a third party account aggregation service where your selected Credit Union deposit and loan account(s) as well as your accounts at other financial/investment institutions may be accessed on a website, you may be requested to give your access code to the aggregate service provider. You understand that by doing so, you are providing the aggregate service provider access to your account(s) at the Credit Union.
We recommend that you change your access code regularly. Your access codes must contain between 8 and 20 characters including numbers, letters and special character (~!@#$%^&?+=) We recommend that you do not use access codes that could be easily guessed, such as your birthdate, last name, or other information that may be publicly available. The access code is case sensitive and must not be the same as your account number or username. We are entitled to act on instructions received under your access code. For security purposes, you must keep your access code and account information confidential. This means that you should memorize your access code and not write it down. If, through your own negligence or otherwise, you make your access code available to an unauthorized third party, you agree to notify us immediately. In such a case, you understand that we may terminate your access to the Service to protect the security of the Service and your Account.
The Credit Union will never contact you and ask you to provide your access code. If you are contacted by anyone claiming to be a representative of the Credit Union who asks you to provide any access code, you understand that you should not provide your access code and you should contact us at (800) 339-0496 immediately to report the incident.
The Credit Union recommends that you purchase and utilize anti-malware software as a defense against keyloggers and certain forms of attacks by unauthorized third parties seeking access to or control over your account. Anti-malware is a term that is commonly used to describe various software products that may also be referred to as anti-virus or anti-spyware. Anti-malware software is used to attempt to prevent, detect, block, and remove adware, spyware, and other forms of malware such as keyloggers.
The Credit Union recommends that commercial (business) online banking users should perform an internal internet banking risk assessment and controls evaluation periodically.
If you forget your Username or Password, you should first utilize the "Forgot Username?" or "Forgot Password?" feature available on the Sign In webpage to assist you. However, if your Sign In is locked or disabled due to the use of an incorrect Username or Password, contact the Credit Union at 800-339-0496.
If you fail to maintain security of your Username and/or Password and we suffer a loss, we reserve the right to terminate your access to Online Banking under this Agreement. We may also take other actions or seek other remedies available to us in contract, at law, or in equity.
Online Banking can be accessed through the Ventura County Credit Union website at www.vccuonline.net or by using a downloadable application using compatible and supported mobile phones and/or other compatible and supported wireless devices (collectively, including phones, "Wireless Devices"). Online Banking is generally available 24 hours a day, 7 days a week, although some or all of the services may not be available occasionally due to emergency or scheduled system maintenance.
You can perform the following transactions on all accounts which you are authorized and have been given access to:
- Transfer funds from your savings, checking, loan, and money market accounts.
- Obtain balance information for your savings, checking, loan, money market, club, and certificate accounts.
- Make loan payments from your savings, checking, and money market accounts.
- Access available funds on your AdvantageLine, and Credit Card loans.
- Determine if a particular item has cleared.
- Verify the last date and amount of your payroll deposit.
- Make bill payments to preauthorized creditors.
- Request stop payments on checks.
- Order checks
- Request a check withdrawal (payable to member and mailed to address on file)
- Update selective member information.
- View transaction history for the past 365 days.
- Transfer funds from your VCCU account to another VCCU account with prior authorization.
- Transfer funds between your VCCU account and accounts you maintain at another financial institution.
- View copies of paid checks
LIMITATIONS ON TRANSFERS
Federal regulations restrict the number of transfers and/or withdrawals members may make from their savings or Money Market accounts using an audio response system (Telephone Teller), Online Banking, or automatic overdraft protection. This regulation affects savings and Money Market accounts but does not apply to checking accounts. During any statement period, you may not make more than six (6) withdrawals or transfers to another Credit Union account of yours or to a third party by means of a pre- authorized or automatic transfer. If you exceed the transfer limitations in any statement period, your savings or money market account may be subject to a fee or account closure.
We will not be required to complete a transfer or withdrawal from your account(s) if you do not have sufficient funds in the designated account(s). You agree to not use Online Banking to initiate a transaction that would cause the balance in the designated account(s) to go below zero. If you have a line of credit loan or credit card, you agree not to use Online Banking to initiate a transaction that would cause the outstanding balance of your line of credit loan or credit card to go above your credit limit. We will not be required to complete such a transaction, but if we do, you agree to pay us the excess amount or improperly withdrawn amount or transferred amount immediately upon our request.
FEES FOR ONLINE BANKING
Currently there is no monthly service fee for using Online Banking. However, the Credit Union reserves the right to implement a fee in the future. The Credit Union will notify you of any changes to the fee schedule as required by law. If at that time, you choose to discontinue using Online Banking, you must notify us in writing.
PERIODIC STATEMENTS
Your periodic statement will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions. If you do not initiate electronic transactions from your account, you will receive account statements at least quarterly.
INFORMATION ABOUT YOUR DESIGNATED ACCOUNTS
You authorize us to obtain any information deemed necessary to process your request for access to Online Banking. Additionally, you agree that we will disclose information to third parties about your designated account(s) or the transactions you make:
- Where it is necessary for completing or documenting transactions or resolving errors involving transactions.
- In order to verify the existence and condition of your designated account(s).
- In order to comply with orders or subpoenas of governmental agencies or courts.
- If you give us written permission.
MOBILE BANKING TERMS AND CONDITIONS
Mobile Banking is a personal financial information management service that allows you to view balance information and account histories, receive account information (including account histories and balances), and make transfers between your accounts at the Credit Union using a downloadable application on your Wireless Device. We reserve the right to modify the scope of the Services at any time. We reserve the right to refuse to make any transaction you request through the Services. You agree and understand that the Services may not be accessible or may have limited utility over some mobile telephone networks, while roaming or otherwise. The most current list of available Services is posted on our website. When you register for the Services, the accounts you designate will be accessible to you through your Wireless Device.
1. Use of Services. You accept full responsibility for making sure that you understand how to access and use the Services before you actually do so and for using the Services in accordance with the online instructions posted on our website. You also accept full responsibility for making sure that you know how to properly use your Wireless Device and the software ("Software") that enables you to access and use the Services. Regardless of any changes we may make in accessing or using the Services, you are responsible for making sure you that you understand how to access and use them. We will not be liable to you for any losses, costs, or damages caused by your failure to properly access or use the Services or your Wireless Device.
2. Relationships to Other Agreements. You agree that the Mobile Banking Service is subject to the terms and conditions of all of your existing agreements with us or any service providers of yours, including service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Agreement does not amend or supersede any of those agreements. The accounts you access using the services are subject to the terms and conditions of your Account Agreement and this Online Banking Agreement with us to the extent that they are applicable and do not conflict with these Mobile Banking terms and conditions. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of the Services (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of the Services, including while downloading the Software, receiving or sending text messages as part of the Services, or other use of your Wireless Device when using the Software to access and use the Services), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services and that any issues that arise regarding such products and services will be resolved with the provider and carrier. You agree that we shall not be liable or responsible for resolving any such provider or carrier issues, nor for any associated costs, losses, or damages. You also agree that if you have any problems with the Services themselves, you will contact us directly.
3. Mobile Banking Software License. You are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license ("License") to download, install, and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Software to that new or different Wireless Device. This License shall be deemed revoked immediately upon (i) your termination of this Agreement in accordance with its provisions; (ii) your deletion of the Software from your Wireless Device; or (iii) our written notice to you of termination at anytime which we may give with or without cause. If this License is revoked for any reason, you agree to promptly delete the Software from your Wireless Device. The provisions of Sections 4 and 5 below shall survive revocation of the License and/or termination of this Agreement.
4. Your Obligations. When you use your Wireless Device to access accounts you designate during the registration process, you agree to the following:
a. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information that may be accessed via use of the Services. You represent and agree that all information that you may provide to us in connection with any one of the Services is accurate, current, and complete. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
b. Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works from the Services or our website content. Further, you agree not to reverse engineer or reverse compile any technology relating to the Services, including, but not limited to, any Software or other associated mobile phone applications.
c. User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Services to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) be false, misleading ,or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, unlawfully threatening, or unlawfully harassing; (g) be perceived as illegal, offensive, or objectionable; (h) interfere with or disrupt computer networks connected to the Services; (i) interfere with or disrupt the use of the Services by any other user; or (j) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
d. Transfers from Savings or Money Market Accounts. Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including Online Banking and transactions made via Wireless Device - you can make from money market deposit accounts and savings accounts. You are limited to six (6) preauthorized electronic fund transfers, telephone transfers, checks, and point-of-sale transactions per statement cycle (for more information on these accounts, see your Account Agreement and Truth in Savings Disclosure). Each transfer or payment made from such accounts through the Online Banking or use of the Services is counted as one of the six (6) limited transfers you are permitted to make each statement period. We may charge a fee for each transaction in excess of this limit and the account may be subject to closure.
e. No Commercial Use or Re-sale. You agree that the Services are for personal use only. You agree not to resell or make commercial use of the Services.
f. Indemnification. Unless caused by our intentional misconduct, you agree to protect and fully indemnify us from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your improper access to and use of the Services or the Software or your infringement of any intellectual property rights.
g. User Security. You agree not to give or make available your Mobile Banking Password (the "Password") or other means to access your account or the Services to any unauthorized individuals. You are responsible for transfers or other transactions you authorize using the Services. If you permit other persons to use your Wireless Device and Password or other means to access the Services, you are responsible for any transactions they authorize. If you believe that your Password, Wireless Device, or other means to access your account or the Services has been lost or stolen or that someone may attempt to use the Services without your consent, or has transferred money without your permission, you must notify us promptly by calling (800) 339-0496.
h. Service Charges. Currently, we do not charge separately for the Services; however, you agree to pay related account transaction fees and charges in accordance with our current fee schedule and as amended from time to time, which may be found at our website. You authorize us to automatically charge your account for all such fees incurred in connection with the Services. In the future, we may add to or enhance the features of the Services. By using such added or enhanced features, you agree to pay for them in accordance with the then current fee schedule.
5. Additional Provisions
a. Mobile Banking Service Limitations. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the Services. These difficulties may result in loss of data, personalization settings, or other interruptions. Therefore, we shall not be responsible for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Services. Further, we shall not be responsible for the operation, security, functionality, or availability of any Wireless Device or mobile network, which you utilize to access the Services.
You agree to exercise caution when utilizing the Services on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
Financial information shown on your Wireless Device while using the Services reflects the most recent account information available to us, but it may not be current. You agree that we shall not be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly.
b. Changes or Cancellation. You may cancel your access to and use of the Services by calling us at (800)339-0496. We reserve the right to change or cancel your access to and use of the Services at any time without notice. You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
In case of errors or questions about electronic fund transfers from your savings and checking accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears.
Call us at: (800) 339-0496;
Write to: Ventura County Credit Union
PO Box 6920
Ventura, CA 93006-6920;
Fax to: (805) 339-4226
- Tell us your name and account number.
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts or foreign-initiated transactions, we may take up to ninety (90) days to investigate your compliant or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
LIABILITY FOR UNAUTHORIZED TRANSACTIONS
You are responsible for all transactions you authorize using Online Banking services. If you permit someone else to use your Online Banking access codes, you are responsible for any transactions they authorize or conduct on any of your accounts.
TELL US AT ONCE if you believe your access code has been lost or stolen, if you believe someone has used your access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. A written notification to us should follow your telephone call. You could lose all the money in your account (plus your maximum overdraft line-of-credit). However, if you believe your access code has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft of your access code, you can lose no more than $50.00 if someone used your access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your access code and we can prove we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, TELL US AT ONCE. If you do NOT tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time.
If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, contact the Credit Union immediately:
Call us at: (800) 339-0496;
Write to: Ventura County Credit Union
PO Box 6920
Ventura, CA 93006-6920;
Fax to: (805) 339-4226
CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
- Through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request, exceeding your credit limit.
- You used your access code in an incorrect manner.
- Circumstances beyond our control (such as fire, flood, or power failures) prevent the transaction.
- The money in your account is subject to legal process or other claim.
- Funds in your account are pledged as collateral or frozen because of a delinquent loan.
- The telephone or computer equipment you use to conduct online banking transactions was not working properly and you knew or should have known about the breakdown when you started the transaction.
- Your access code was reported lost or stolen or repeatedly entered incorrectly.
- Any other exceptions as established by the Credit Union.
GOVERNING LAW
This Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, and the laws and regulations of the state of California. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
ENFORCEMENT
You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any losses, costs, or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any postjudgment collection actions.
EXTERNAL ACCOUNT TRANSFER SERVICES AGREEMENT TERMS AND CONDITIONS
This Agreement is the contract which covers your and our rights and responsibilities concerning External Account Transfer Services offered to you by Ventura County Credit Union ("Credit Union") through our Online Banking site. In this Agreement, the words "you" and "yours" mean those who request and use the External Account Transfer Service. The words "we", "us," and "our" mean the Credit Union. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.
Definitions
"Recipient Account" is the Account to which your funds will be credited.
"Transaction Account" is the Account from which your funds will be debited, or to which funds will be returned.
"Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.
"Service" means the External Account Transfer Service offered by Ventura County Credit Union.
"ACH Network" means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.
Description of Service
The External Account Transfer service enables you to request a transfer of funds (1) from your Ventura County Credit Union account to an Account that you own at another financial institution; or (2) From an Account that you own at another financial institution to your Ventura County Credit Union Account. Ventura County Credit Union uses the ACH Network to execute your External Account Transfer requests.
Authorization to Transfer Funds Using External Account Transfer service
You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power, and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States.
When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.
We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transfer is refused as described in the following section (Transfer Cancellation Requests and Refused Transfers);
- You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and or
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
Verification of Accounts at Other Financial Institution
After agreeing to this Agreement and providing any additional information requested, you may enroll accounts that you hold at other financial institutions (each a "Third Party Account" in the External Account Transfer Service). You authorize us to verify a Third Party Account through the use of a trial transfer, in which one or more low volume payments will be credited to and debited from the Third Party Account. The trial credit will always occur before the trial debit and will always be of the same or lesser amount. In either case, we will then ask you to verify the amount of each deposit made into such account and each withdrawal made from such account. These accounts are referred to as "Verified Accounts".
External Account Transfers
Funds are credited to my account within three (3) business days. The Business Day on which a request for transfer is made begins at 4:00pm Pacific Standard Time (PST) and ends at 4:00pm Pacific Standard Time of the following day. (For example: If Monday and Tuesday are both Business Days, I can make a "Monday" request up until 4:00pm PST)
Limits on External Account Transfers
- Minimum amount = $1.00
- Maximum amount
- For new members (30 days or less since joining)
- $1,000 maximum transaction amount
- $1,000 maximum daily limit (total transactions processed in a single day)
- For existing members (more than 30 days since joining)
- $5,000 maximum transaction amount
- $10,000 maximum daily limit (total transactions processed in a single day)
Transfer Cancellation Requests and Refused Transfers
You may cancel a transfer at any time until it begins processing. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check.
Stop Payment Requests
If you as a Sender desire to stop any transfer that has already been processed, you must contact the credit union. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge as set forth in the applicable fee schedule.
Receipts and Transaction History
You may view 12 months of your transaction history by logging into your Online Banking Account with Ventura County Credit Union. You agree to review your transactions by this method instead of receiving receipts by mail.
Acceptable Use
As a condition of using the service, I understand that I am prohibited from using the Service for activities that (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or illegal activity with an entry fee or a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes.
Service Fees and Additional Charges
Applicable fees will be disclosed in the Fee Schedule. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount for the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Updating your Personal Information
You agree to ensure that the contact information in you Online Banking Profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made within Online Banking. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.
Refused Transfers
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
Service Cancellation by Member
In the event you wish to cancel the Service, you may
Telephone: 800-339-0496 during normal Business Hours
Write: Ventura County Credit Union
PO Box 6920
Ventura, CA 93006-6920
Fax: 805-339-4226
Any transfer(s) we have already processed before the requested cancellation date will be completed by us.
Service Cancellation, Termination, or Suspension by Credit Union
If we have reason to believe that you have engaged in any of the prohibited activities described in the Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend, or limit your access to or use of Online Banking and the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you.
Member Liability for Unauthorized Transfers
If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly VCCU statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped the unauthorized transfer had you told us in time. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
Governing Law
The laws of the State of California and applicable Federal laws and regulations shall govern this Agreement.
Errors, Questions, and Complaints
In case of errors or questions about your transfers or if you need more information about a transfer on the statement, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the first statement on which the problem appears.
Telephone: 800-339-0496 during normal Business Hours
Write: Ventura County Credit Union
PO Box 6920
Ventura, CA 93006-6920
Fax: 805-339-4226
If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must provide the following:
- Tell us your name and account number.
- Describe the transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error has occurred within ten (10)* business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45** days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10)* business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of ten (10) business days to investigate the error.
** If you give notice of an error within 30 days after you make the first deposit to your account, we will have 90 days instead of 45 days to investigate the error.
Indemnity
In consideration of the Agreement by Ventura County Credit Union to act upon your request to make an External Account Transfer in the manner provided in this Agreement, you agree to indemnify and hold Ventura County Credit Union, it’s directors, officers, employees and agents harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, expenses, including reasonable attorney fees, in connection with or arising out of our acting upon External Account Transfer instructions pursuit to this Agreement. This indemnity shall not be effective to relieve and indemnify Ventura County Credit Union against its gross negligence, bad faith, or willful misconduct.
Limitation of Liability
You agree that Ventura County Credit Union shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) you granting us authority to verify a Third Party Account; (2) our debit and/or credit of a Verified Account or our inability to debit/or credit such account(s) in accordance with your External Account Transfer instructions; (3) any inaccurate or incomplete information received from another financial institution in connection with verifying a Third Party Account or executing a transfer with a Verified Account; (4) any charges imposed by the financial institution holding a Verified Account; and (5) any transfer limitations set by a financial institution holding a Verified Account. In no event shall Ventura County Credit Union be responsible for any incidental or consequential damages or expenses arising in connection with External Account Transfer request. Except as may be expressly set forth in this Agreement, Ventura County Credit Union, it’s directors, officers, employees and agents hereby disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights. Ventura County Credit Union makes no warranty or representation regarding the results that may be obtained from the use of the External Account Transfer Service, the accuracy or reliability of any information obtained through the External Account Transfer Service, the accuracy of any information retrieved by Ventura County Credit Union from any financial institution holding any Verified Account or that the External Account Transfer Service will meet any requirements of any user, be interrupted, timely, secure or error free.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll to use External Transfer service, you consent to receive and accept the terms and conditions of this Agreement and any amendments to it, electronically. In the event any change to this Agreement requires a prior notice to you, Ventura County Credit Union will notify you by email, at the email address that you provided for notices pertaining to this Service, of the new or different terms and conditions or will provide you with a link within such email where you may view the new or different terms or conditions on a web site or within Online Banking. You understand that we reserve the right to provide any such notices to you in printed form. A record of each funds transfer request will be made available to you electronically at the time each External Account Transfer is requested and in summary form as part of your Ventura County Credit Union monthly statement. You may withdraw your consent to have this information provided to you electronically by contacting the Credit Union at 800-339-0496. However, by doing so you understand that you will terminate your right to use the External Account Transfer Service. Withdrawing your consent in this manner will not prevent you from re-enrolling for the External Account Transfer Service.
Required Equipment
In order to use the External Account Service and to view and retain a copy of the terms and conditions contained in this Agreement, you must have a computing device capable of running current and prior major releases of Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari (Apple devices only). Beta versions are not supported. In addition, you must have PDF viewing software installed and able to operate as a plugin to a supported browser. You will also need access to the Internet with an email address and the capability of receiving downloads of up to 5MB.
