COASTLIFE CREDIT UNION
INTERNET Banking AND BILL PAYMENT SERVICES Agreement
1. Agreement. This Agreement governs the CoastLife Credit Union Internet Banking Services, including our Internet Banking App, the Bill Payment Service, the E-Statements Service, and the Secure Email Messaging Service (each individually a "Service" and all collectively referred to herein as the "Services"). Except for the Secure Email Messages Service, you must apply or request each Service separately, and you must first enroll in the Internet Banking Service to use the Internet Banking App and the Bill Payment Services. In this Agreement, the words "you," "your," and "user" mean (i) each Account Owner (including Joint Account Owners) and any person requesting the Services on behalf of the Account Owner, (ii) any person authorized by an Account Owner to use the Services and transact business on the accessed deposit or loan Account, and (iii) any person given access to the User ID and Password to access the Services and the Accounts. "Account Owner" means the person(s) or entity that owns the Account accessed through the Services, including Business Account Owners. "Primary Member" means the Account Owner under whose member number the Services are established. "We," "our," "us," and "Credit Union" mean CoastLife Credit Union and its service providers and licensors, and their successors. By requesting, enrolling in, using, or authorizing any other person to use the Services, you agree to be bound by the terms of this Agreement and any additional terms, conditions, and instructions, or other materials (collectively, "Additional Terms") we may provide to you in connection with the Services, all of which are incorporated herein and may be amended from time to time. You represent that you are authorized to enter into this Agreement on behalf of all persons who jointly own or are authorized to access your Accounts, and that all such persons will be bound by this Agreement. You authorize the Credit Union and its service providers to make Account transfers, bill payments, and to take any other actions in order to provide the Services under this Agreement. The CoastLife Credit Union Membership and Account Agreement is incorporated into this Agreement and continues to govern your Credit Union membership relationship and accounts with us. If there is any conflict between this Agreement and the Membership and Account Agreement, the Electronic Fund Transfers Agreement and Disclosure, or any other agreements you have with us, the terms of this Agreement and any Additional Terms will control unless this Agreement specifically provides otherwise. This Agreement does not modify any other agreements you have with us except as expressly provided herein or to the extent of any conflict in which this Agreement controls. Defined terms used in this Agreement but not defined herein shall have the same meaning as in the Membership and Account Agreement.
We may add additional services to the Services from time to time, and any new services will be subject to this Agreement and any additional terms, conditions, and instructions provided in connection with the new service.
2. Additional Terms for Business, Organization and Association Accounts; Security Procedures. If you are requesting the Services in connection with your Business Accounts, you acknowledge and agree that any User ID and Password issued to a business, organization, or association Account in connection with a Service may be used for business purposes only and may not be used for personal, household, or family purposes. You agree to implement reasonable measures to ensure that your Business Account User ID and Password are used for business purposes only. You agree to indemnify and hold us harmless from any costs or damages that you sustain as a result of our carrying out your instructions. IN ANY EVENT, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THEM. As additional security measures for Business Accounts, you agree to regularly instruct and require each authorized user of the Services to (i) memorize or keep User IDs and Passwords in a place of safekeeping and in the user's sole possession, (ii) refrain from disclosing User IDs and Passwords to any unauthorized third party, and (iii) use the User IDs and Passwords for business purposes only. You agree to notify us immediately when you terminate an authorized user's rights to use the User IDs and Passwords, and you agree to comply with any instructions we provide. You acknowledge and represent that these security procedures provide a commercially reasonable degree of protection against unauthorized use of the User IDs and Passwords in view of your business's particular circumstances. We assume no duty to discover (i) any breach of security by you or any authorized user, or (ii) any unauthorized disclosure or use of a User ID and Password. You agree to review your Account statements promptly and notify us within 60 days of the date of your statement if you think an electronic fund transfer transaction appearing on your Account statement is wrong. You must notify us of electronic fund transfer errors or discrepancies within 60 days from the date of your Account statement at the address or telephone number appearing in Section 23 below or your claim will be waived.
You acknowledge and agree that the issuance of a User ID and Password in connection with a Business Account affords ready access to the Account by the person or persons authorized by the Account Owner, as well as any other persons who are provided access to the User ID and Password or who otherwise obtain the User ID and Password, whether by way of negligence, theft, collusion, or otherwise. As a result, and except as may otherwise expressly be provided in this Agreement, you acknowledge and agree that the Account Owner and all persons authorized by the Account Owner to use the User ID and Password are jointly and severally liable for their use. Any use of a User ID and Password by an authorized user or anyone authorized by an authorized user (all such persons referred to collectively herein as an "authorized user") shall not be deemed unauthorized use. To the extent permitted by applicable law, the Account Owner and all of the authorized users jointly and severally agree to indemnify, release, and hold us harmless from any claims, demands, expenses, losses, or damages, including legal fees and expenses, arising out of, resulting from, or directly or indirectly related to the use of any User ID and Password by any authorized user pursuant to this Agreement.
3. Description of the Services. Using the Services, a user may access the Primary Member's Credit Union Accounts via a personal computer or Internet-enabled mobile device to (i) perform balance and account history inquires on selected eligible Accounts, (ii) make fund transfers between eligible Accounts and, subject to request and approval, make cross-Account transfers to other approved accounts; (iii) manage and schedule bill payments to certain payees, (iv) apply for loans and make payments on your loan Accounts with us, (v) set balance and transfer email alerts, (vi) view, print, and download periodic Account statements, (vii) view and/or print cleared check images for up to 60 days, (viii) communicate with us through the Secure Email Messaging Service, and (ix) perform any additional services that we may offer from time to time. We may adjust the scope and functionality of the Services from time to time, and this Agreement will continue to apply to any such changes. Some Services and transaction types may not be available immediately or on all devices and for all Accounts. We will advise you or post a message on our website or within the Internet Banking Services program when Services are available. If you have any questions regarding the availability of the Services in general or for certain devices or Accounts, please contact us. We reserve the right to limit the Services in any manner or decline any transaction at any time without notice for security reasons or when other circumstances warrant. Except as otherwise provided in this Agreement, if we decide to limit or decline a Service, we will attempt to notify you as soon as possible.
4. Access to the Services. The Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible occasionally for system maintenance and other necessary downtime. We will attempt to limit interruptions to the Services, but we are not responsible for failure to provide the Services due to system maintenance, other necessary downtime, and any unforeseen acts or circumstances outside of our control.
5. Using the Services. You represent that you are an Account Owner or an authorized user on any Account you access. You agree to follow any instructions we provide in connection with your use of the Services. You are responsible for the proper operation of your personal computer or mobile device and any Internet or cellular data service used to access the Services. Account information obtained using the Services may be considered accurate as a "working balance," but should not be relied upon as authenticated accounting for deposit or loan balances. You may not to use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other person's use and enjoyment of the Services. The Primary Member is required to maintain a valid and current email address on file with us for the purpose of notifying you of important information concerning your use of the Services and your Accounts. The Primary Member and any other Account Owners agree to promptly inform all authorized users of any notices we provide concerning the Services. You agree to notify us promptly if the Primary Member's email address changes. All communications sent to us through the Services are our property. We are not responsible for any charges, expenses, or costs you may incur as a result of any use or misuse of a personal computer, mobile device, or any Internet or cellular data service. If you should experience an interruption while conducting a transaction using the Services, you should immediately logout of the Services and login again to verify whether the transaction was completed. If you cannot login to the Services, you agree to contact the Credit Union promptly to determine if the transaction was completed. In order to avoid duplicate transactions, you agree not to re-request a transaction performed during an interrupted session. If you conduct a duplicate transaction payable to a third party, we will not be responsible if the third-party refuses to refund the duplicate transaction amount.
6. Prohibited Uses. You may not use the Services or any software provided in connection with a Service ("Software") in any manner that violates this Agreement, the rights of a third party, or applicable law. Prohibited uses include, without limitation, uses that (a) infringe or violate the privacy or proprietary rights of the Credit Union, its service providers, licensors, or any other third party, (b) interfere with or disrupt use of the Services by other users, (c) interfere with or disrupt one or more computer networks connected to the Services, (d) involve fraudulent or other illegal transactions or activity, including but not limited to false, misleading, or deceptive acts, and (e) access or attempt to access any computer systems or parts thereof not expressly authorized by this Agreement. In addition, you may not use the Services from any location where the content provided by the Services or use of the Services is illegal, and you assume all responsibility and risk of loss if you do so. You acknowledge that the Software may be subject to U.S. export controls and other trade and use restrictions, and you agree to comply with all provisions of U.S. law and other applicable law.
7. Joint Account Owners and Other Authorized Users. Any Joint Account Owner or other person to whom an Account Owner or other user provides or gives access to the User ID and Password is authorized to provide instructions, transact business, and obtain information for all Accounts that may be accessed through the Services. We may rely on the instructions of any Joint Account Owner and other persons authorized to access or given access to the Services. If you are an Account Owner of a Credit Union Account under a different member number and you grant cross-Account transfer authority to that Account, you understand and agree that any person authorized to access the Primary Member's Account will have authority to perform transfers and obtain available account information for the Account you have designated for cross-Account transfers. Owners of Accounts under a different member number may only provide cross-Account transfer authority to Accounts on which they are an Owner.
8. Services. The following describes the Services available at this time.
(a) Internet Banking and Internet Banking App Services. With your User ID and Password, you may access the Internet Banking Service and Internet Banking App to:
Some Services May Not Be Available for All Accounts or on All Devices
(b) Bill Payment Service.
Using the Service; Prohibited Payees
You may use the Bill Payment Service to make payments to third-party businesses and individuals for bills owed by the Account Owner(s). You must designate the Primary Member's primary Checking Accounts (the "Bill Payment Account") to make bill payments. The Bill Payment Service is provided and administered by our service provider from within the secure environment of the Internet Banking Service. Our service provider is held to strict confidentiality and security standards to protect your financial information and may not use your information except to perform the Services.
With the Bill Payment Service, bill payment history may be viewed for up to 24 months. You may not use the Bill Payment Service to pay bills for persons or entities other than the Account Owner(s). You must be in good standing with the Credit Union to use the Bill Payment Service. You may use the Service to set up your own personal database of payees and establish onetime or recurring payments to your payees. When you add payees to the Bill Payment Service, you must enter your Account number with the payee and the payment address exactly as those items appear on your payment stub, statement, or invoice. You agree to keep the payment data for each of your payees up to date at all times. In order to process your bill payments more efficiently, we may edit or alter the payment data you provide to us in accordance with standards and directives provided by the U.S. Postal Service and the payee. We are not responsible for errors that may appear in payment data as a result of our following such standards and directives.
All bill payments are made in U.S. dollars only and only to payees located in the continental United States. You may not use the Bill Payment Service to make the following specific types of prohibited payments: (i) tax payments, (ii) court-ordered payments (for example, alimony, child support, and traffic ticket payments), (iii) government payments, (iv) payments to settle securities purchases, and (v) payments for any illegal purpose. We may establish additional categories of prohibited payees by notifying you. Any payments to these payees will be your sole responsibility if processed, delayed or improperly handled or credited. If we process a payment to a prohibited payee, we may refuse to process future payments to that payee. Bill payments may be requested for a maximum $9,999.99 per payment and a maximum of $19,999.99 in aggregate bill payments per day. We reserve the right to decline to pay any payee to whom you direct a payment, including without limitation, a payee appearing on any list of the United States Office of Foreign Assets Control or if we suspect or believe in good faith that the payment is fraudulent. If we decline to accept a payee you have designated, we will attempt to notify you within two business days of the scheduled payment date, except we will not notify you of our rejection of prohibited payments as set forth in this paragraph.
Bill Payment Procedure
One-time bill payments and recurring bill payments may be scheduled up to one year in advance. Recurring payments are payments that are scheduled to occur at substantially regular intervals and can be scheduled monthly, semi-monthly, and weekly. If you arrange for a onetime or recurring bill payment and the scheduled payment date falls on a day we are not open for business (generally a weekend or a federal bank holiday), the payment will be processed on our next business day.
By providing the bill payment Service with the names and account information of those persons or entities to whom you wish to make a payment, you authorize the Service to follow the payment instructions received from you. We will exercise ordinary care in processing and sending your bill payments. Two business days are required to set up new payees. For this reason, when establishing new payees, you must schedule the first payment at least 10 business days before the first payment due date (not including any grace period) to allow time for payee set up and account verification. When the bill payment Service receives your payment instruction, you authorize the Credit Union and its service provider to deduct the funds from the Bill Payment Account on the scheduled payment date you have designated. Normally, the funds are withdrawn from your Account on the scheduled payment date, but the withdrawal can occur at any time after the scheduled payment date, and you agree to maintain sufficient available funds in the Bill Payment Account to fund the bill payment at any time on or after the scheduled payment date.
You authorize us and our service provider to choose the most effective method to process and present your bill payments, whether electronically, by paper check, or by other means. Electronic payments will typically reach the payee faster than check payments, but not all payees can receive electronic payments. For payments made after the first payment using the bill payment system, the scheduled payment date must be four to ten business days before the payment due date, not including any grace period provided by the payee. Electronic payments will generally reach the payee within four business days, while payments made by check will generally reach the payee within ten business days. If you do not follow these instructions, you will be fully responsible for all late fees, finance charges, and other actions taken by your payee. You agree to monitor your bill payments to determine (i) how a particular payee is being paid, whether electronically or by paper check, and (ii) how long it takes the payee to process and credit the payment to your account once the payment is received, and adjust your bill payment scheduling activity accordingly. Because there may be delays in posting a payment once it reaches a payee, we are not responsible if your payments are not posted on time due to delays of the payee or its designee, even if the payee receives the payment by the actual payment due date. If you follow all of our instructions and the payee does not receive your payment in a timely manner, we will attempt to work with the payee to reverse any late fees or other charges. We are not responsible for delays resulting from circumstances outside of our control such as weather, labor strikes, and U.S. Postal Service delays. For critical payments such as mortgage loan payments, we recommend scheduling the processing date so that the expected "deliver by" date is at least a few business days before the actual payment due date.
Bill Payment Processing; Cancelling a Bill Payment; Insufficient Funds
If the session during which you schedule a bill payment ends by 9:30 p.m. Central Time on our business day, it will be considered to be received on that day. Otherwise, it will be considered received on our next business day. For all transactions made through the Services, the time recorded by the Internet Banking Service will be considered the official time of the transaction.
Scheduled payments may be changed or cancelled using the Service if the action is taken before 6:30 p.m. Central Time on the scheduled payment date. After processing has begun, a bill payment transaction generally may not be changed or cancelled, but if you ask us to cancel a payment after it is processed and we agree to do so, we may charge you a stop payment fee in accordance with our Fee Schedule. We make no guarantee that we will be able to stop a payment after it has been processed. Stop payment orders, whether oral, written, or electronic, will remain in effect for six months. If we request, you agree to confirm any oral stop payment order in writing. After six months, a stop payment order will terminate and must be renewed (subject to an additional stop payment fee) to remain in effect. We may pay any item or order that is presented following the lapse of any stop payment order.
Recurring bill payments also may be cancelled by notifying us orally or in writing at the telephone number or address listed in Section 23 of this Agreement at least three business days before the scheduled processing date. If you call us, we may require that you put your request in writing and get it to us within 14 days. If you are cancelling a recurring payment orally or in writing, we may require you to cancel the authorization for all recurring payments to the payee. You may always establish a new recurring payment at a later time if you wish.
Sufficient funds must be available in the Bill Payment Account, and if necessary, from any overdraft protection sources, on and after the scheduled payment date. Applicable service charges will apply for insufficient funds and for accessing overdraft protection sources. If funds are not available to process your bill payment, we or our service provider will attempt to notify you by postal mail or an email to the Primary Member's email address. In such cases, you will be responsible for making alternate payment arrangements or rescheduling the bill payment through the Service. If a bill payment cannot be processed due to insufficient funds, no additional bill payments (scheduled or unscheduled) will be processed until your Account is adequately funded and any outstanding returns have been cleared. We may close your Account and terminate or suspend the Bill Payment Service without notice to you if we are unable to collect the funds to process your bill payments. You are responsible for any late payment fees, interest, and other charges your payee may impose if your bill payment is late or not received due to any processing problems caused by you, including insufficient funds. Your Account may be referred to a collection agency if you do not promptly settle any outstanding amounts owed on your Account.
For each properly instructed payment, you will receive a transaction confirmation number. IF YOU DO NOT RECEIVE A TRANSACTION CONFIRMATION NUMBER, WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN MAKING PAYMENT, INCLUDING ANY FINANCE CHARGES OR LATE FEES INCURRED.
If a bill payment check or an electronic bill payment is not cashed or deposited or otherwise claimed by the payee within 90 days of issuance, we may place a stop payment on the payment and it may not be paid. In such case, the bill payment will be refunded to your Account and you will be responsible for satisfying any payment obligation you have to the payee. You additionally authorize the Credit Union to credit the Bill Payment Account for any bill payment returned to us by the U.S. postal service or by any other party.
You agree to maintain a valid and current email address and a daytime contact telephone number on file with us for communication purposes regarding bill payment issues such as payment errors or questions. In the event that a payment is unable to be processed due to an error with the information provided by you or the payee, we will repost any drafted funds to your Bill Payment Account and notify you by telephone, email, or the Secure Email Messaging Service that the payment was not processed. It is your responsibility to regularly monitor your Internet Banking Service, email account, and telephone voice mail for any messages from us regarding bill payments or reposted payments to your Account. You may be required to resubmit a bill payment request with updated payee or account information if we cannot complete a payment with the information you have provided.
Terminating the Bill Payment Service
You may terminate the Bill Payment Service at any time by notifying us. Termination will be effective not later than the first business day following our receipt of your notice. You are responsible for all payments you have requested and charges and fees incurred prior to termination. When the Bill Payment Service is terminated, any pending scheduled bill payments will be cancelled, and you are responsible for making alternate payment arrangements with your payees.
We may suspend or terminate your Bill Payment Service without notice (i) if you do not sign on to Internet Banking or there is no bill payment activity within a consecutive 90-day period, (ii) if your designated Bill Payment Account is closed for any reason, (iii) if there is unauthorized use on your Account, (iv) or if there are excessive instances of insufficient funds or for other reasons related to not maintaining your Account in good standing, as determined by us in our sole discretion. Bill payments scheduled before suspension or termination will be cancelled and you will be responsible for making alternate payment arrangements with your payees. You are responsible for all amounts paid on your behalf and applicable fees and charges. We are not responsible for processing scheduled payments that have been cancelled due to suspension or termination. If your access to the Bill Payment Service is suspended or terminated due to inactivity in any consecutive 90-day period, you must contact us to have the Service reactivated before you will be able to schedule any further payments through the Service.
For Assistance or Errors Related to the Bill Payment Service.
If you have questions, need assistance, or need to report an error related to the Bill Payment Service, please contact us at (361) 985-6810.
This Service May Not Be Available for All Accounts or on All Devices
(c) E-Statements Service. By electing our free E-Statements Service, you agree to receive your Credit Union deposit Account statements (which may include some loan accounts) and all other disclosures and notices included with the paper Account statement (collectively, the "deposit Account statements"), and any other documents or materials we provide to you, electronically instead of in paper form. If you elect this Service, you will not receive your deposit Account statements and disclosures in paper form, and you agree that electronic delivery satisfies our obligation to provide the deposit Account statement and disclosures to you. Notwithstanding your election to receive Account statements and other documents electronically, we may choose to provide paper deposit Account statements or other documents by U.S. mail at any time in our sole discretion, but we are under no obligation to do so. The Primary Member agrees to maintain a valid e-mail address on file with us and promptly notify us if that e-mail address changes. If you request, we will send a courtesy e-mail notification to the Primary Member's e-mail address when E-Statements and other documents and notices are available for review. If you do not elect to receive a courtesy e-mail notification, or if we send an e-mail notification to the Primary Member and it is returned to us undelivered, you agree that your responsibility to retrieve and review your Account statements in a timely manner is in no way diminished. We reserve the right to terminate your E-Statements Service if an e-mail notification we send to the Primary Member is returned to us as undelivered within 30 days of our notifying the Primary Member by paper mail that an e-mail notification we have previously sent could not be delivered. If we terminate your E-Statements Service, Account statements will be sent to the Primary Member's address of record in paper form. Your Consent to Receive the E-Statements Service includes additional terms and conditions for the E-Statements Service.
This Service May Not Be Available at the Time this Disclosure is Provided to You
or for All Accounts or on All Devices. Check with Us to Confirm When this Service Will Be Available.
(d) Secure Email Messaging Service. The Internet Banking Service features a secure internal e-mail Service. You may use this Service to send messages to us and to manage response messages received from us. The Service is generally available at all times for your questions, concerns, or requests. The Service is not manned 24 hours-a-day or every day, and we will be deemed to have received your message through the Service on the next business day following the day your message is sent. You should not use this Service to report unauthorized transactions or to stop payment. If you need immediate assistance, please call us at (361) 985-6810 during our regular business hours. Some requests may require further action by you before they can be acted upon. You should not send sensitive information such as Account numbers, passwords, or other Account information through any general or public email system. Such systems may not be secure. We are not responsible for e-mail communications sent to us through any e-mail system other than the Secure Email Messaging Service.
This Service May Not Be Available for All Accounts or on All Devices
9. Device Requirements. You are responsible for the acquisition, maintenance, and protection of a personal computer or mobile device capable of accessing the Services, including maintaining up-to-date anti-virus and malware protection. Not all devices may support the Services. You must have appropriate software and access to an Internet service to access the Services, and you are responsible for all costs, fees, and expenses related to your personal computer and mobile device and any access service plan, including without limitation, data charges and fees. The Services may not be available on all networks or in some locations. We are not responsible for any losses, errors, or failures that occur as a result of any malfunction of your personal computer or mobile device or resulting from a technology virus or other harmful code. Nor are we responsible for problems of your Internet or cellular service provider or of any other service provider that may affect your access to the Services.
10. Ownership and License of the Software. You acknowledge that the Internet Banking Service, the Internet Banking App, and the Bill Payment Service systems and any software provided to you in connection with the Services is the property of the Credit Union or its service providers or licensors and is protected by copyright law. The Credit Union grants to you a limited, personal, non-exclusive, non-transferable license to download, install, and use the software solely to access and use the Services for your own use, subject to the terms of this Agreement and any future amendments. You acknowledge that all right, title and interest in the
software is owned and retained by the Credit Union, its service providers, and/or its licensors and that the software is not sold to you. Your rights to the software are strictly limited by this Agreement, and the Credit Union, its service providers, and/or its licensors reserve all rights not expressly granted herein. You may not, nor may you permit any third party to: (a) sublicense, rent, lease, transfer, sell, or redistribute the software or any portion thereof, (b) reverse engineer, decompile, disassemble, modify, create derivative works of, or attempt to derive the source code of the software or any portion thereof, or (c) use the software or any portion thereof in any manner or for any purpose not expressly permitted under this Agreement.
11. Account Security in General. You agree to exercise precautions to safeguard your identity, your Accounts, and your Account information. You agree never to give your personal information or Account information to anyone you do not know or whose identity you cannot verify. If you give your personal information to someone and that person uses your information to access your Account, you agree that such use will be deemed an authorized use for which you will be responsible. We will never contact you and ask you to give us your personal or Account information, including your Social Security Number, User ID, Password, and Account numbers, over the telephone, by e-mail, or by text messaging. You agree not to disclose your personal information and Account information to unknown persons through these channels for any reason. You agree to remain vigilant for phishing and other fraudulent scams and notify us promptly if you become aware of or suspect fraudulent activity involving your identity, your Accounts, your devices, or the Credit Union. If you fail to exercise reasonable care to protect your identity and safeguard your Accounts, we will not be responsible unless required by law.
12. Safeguarding Your Password. You will access your Accounts and the Services by using a User ID and Password. We may require additional login procedures in order to authenticate a user. You agree to keep your User ID and Password secure by memorizing it or keeping it in a safe place, not disclosing it to any third party other than those to whom you provide your express authorization, and you may not record or display the User ID and Password in such a manner that it will be accessible by unauthorized third parties. You agree not to leave your personal computer or mobile device unattended while logged into the Services, and you will promptly log off each time you finish using the Services. You understand that any person having access to your User ID and Password or your equipment when logged into the Services will be able to access the Services and perform all transactions, including reviewing all available Account information and making transfers to other Accounts and persons. You agree that use of your User ID and Password by you, any other applicant, any party to any of your Accounts that may be accessed by a User Name and Password, anyone you permit or authorize to use your User Name and Password, and anyone to whom you disclose your User Name and Password or give access to your User Name and Password is deemed an authorized use for which you will be liable. If you authorize another person to use your User ID and Password in any manner, your authorization is considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization. You are responsible for any transactions made by any such person until we have received your notice of revocation and have had a reasonable opportunity to act upon it.
You are responsible for reporting the loss, theft, or compromise of your User ID and Password to us as soon as possible after you learn of it or suspect that unauthorized use has or may occur. For your security, we may restrict access to the Services without notice if we suspect fraudulent activity.
13. Wireless Security and Mobile Devices. You understand that wireless communications may not be encrypted and that there are risks in accessing the Services with your mobile device. Subject to applicable law, you expressly agree to assume all such risks. Wireless communications may not be confidential or secure. Accordingly, you agree to exercise precautions to safeguard your mobile device, your identity, your Accounts, and your Account information. You agree never to provide your personal information or Account information to any person or through any wireless network you do not know or whose identity you cannot verify. If you do, you assume all risks, subject to applicable law. You agree to notify us immediately if your mobile device is lost, stolen, or destroyed or if you change your email address or other contact information.
14. No Warranty. THE INTERNET BANKING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERUPTED OR ERROR-FREE. NEITHER THE CREDIT UNION NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY ON ANY EQUIPMENT, HARDWARE, SOFTWARE, OR THE SERVICES, OR WITH RESPECT TO YOUR INTERNET OR CELLULAR SERVICE PROVIDER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR PERFORMANCE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability. We are not responsible for any loss, damage, or injury, whether caused by your equipment, your software, or any technical or editorial errors or omissions in any material provided or made available to you in connection with the Services. If we do not complete a transfer you have requested, we MAY BE liable TO YOU, BUT only for your actual losses and damages up to the amount of the transfer. We will not be responsible for any indirect, incidental, exemplary, special, punitive or consequential losses or damages arising in any way out of the use or maintenance of your equipment, software, or the Services. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental, or consequential damages, our liability is limited to the extent permitted by applicable law.
IN NO EVENT WILL WE BE LIABLE:
16. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Credit Union, its service providers and licensors, and their respective directors, officers, employees and agents harmless from and against all costs, claims, LOSSES, damages, liabilities, and expenses (including attorney's fees AND EXPENSES) RESULTING FROM OR arising out of or related to your ACCESS TO OR use OR MISUSE of the Services, WHETHER NEGLIGENT OR INTENTIONAL, or if you violate this agreement OR APPLICABLE LAW. iN THE CAPACITY OF THE INDEMNIFYING PARTY, YOU AGREE NOT TO SETTLE OR COMPROMISE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE INDEMNIFIED PARTY OR PARTIES IF SUCH SETTLEMENT OR COMPROMISE IN ANY MANNER INDICATES THAT THE INDEMNIFIED PARTY OR PARTIES CONTRIBUTED TO OR HAD ANY RESPONSIBILITY FOR SUCH CLAIM, OR IF SUCH SETTLEMENT OR COMPROMISE IMPOSES ANY OBLIGATIONS ON OR REQUIRES ANY ACTION OF the INDEMNIFIED PARTY OR PARTIES.
17. Additional Services. We may introduce new services or enhance the existing Services from time to time. We will notify you when these new or enhanced Services are available. By using new Services when they become available, you acknowledge and agree that those services are governed by this Agreement and any additional terms we may provide to you.
18. Overdrafts and Non-Sufficient Funds. You agree that your use of the Services shall be subject to our overdraft policies and the overdraft provisions as set forth in the Membership and Account Agreement. If there are insufficient funds available in your Account or from any other form of overdraft protection, we may not process a transaction you have requested. In such event, you understand and agree that you will be responsible for making alternate arrangements for the transaction. We are under no obligation to process a transaction for which sufficient funds are not available. In the event we do decide to process a transaction for which sufficient funds are not available, we will charge the total cost of the transaction to you, including applicable overdraft fees or service charges as set forth in our Fee Schedule.
19. Stop Payment. You acknowledge and agree that you may not stop payment of Account transfers initiated through your use of the Services, except that you may cancel bill payment transactions subject to the bill payment terms set forth in Section 8 of this Agreement.
20. Amendments. We may add to, change, or delete the terms of this Agreement at any time subject to such notice as may be required by applicable law. If we send any notice under this Agreement to any Account Owner, all other Account Owners are deemed to have received notice. Your use of the Services following receipt of any such notice constitutes your acceptance of any such change. Use of the Services is subject to our policies, procedures, and existing regulations governing your Accounts and to any future changes to those policies, procedures, and regulations.
21. Termination of the Services. We may suspend or terminate this Agreement, one or more Services, and your use of the Services, in whole or in part, at any time and for any reason permitted by applicable law in our sole discretion. We will notify you in advance when required by law. In some cases for security reasons, it may be necessary to suspend or terminate your access to the Services without advance notice. You or any other party to your Account may terminate one or more Services at any time by notifying us in writing to CoastLife Credit Union, Attn: Internet Banking Service, 6810 Saratoga Blvd., Corpus Christi, TX 78414, calling (361) 985-6810, or following any alternate termination instructions we provide. Some of the Services, such as the Bill Payment Service, are subject to additional terms of termination as provided in this Agreement. Termination will be effective after we have received your notification and have had a reasonable time to act on it. Termination by you only applies to the Services terminated and does not terminate your other Services or relationships with us. Termination of any Service does not affect the rights and obligations of the parties to this Agreement for transactions initiated before termination. Except as provided in this Agreement, termination of the Services by you or us does not affect your obligations or liability under this Agreement.
22. Fees. Use of the Services is subject to the following fees and other applicable fees as set forth in our Fee Schedule. You are also responsible for any fees charged to us by third parties in connection with your use of the Services. We may charge any Account on which you are an Owner for all such fees without advance notice to you.
Bill Payment Fee:
Monthly No Charge
Service Fees:
Nonsufficient Funds $25.00
Other Fees:
Check Copy $15.00
Stop Payment $20.00
23. Contact in Event of Errors or Unauthorized Transfers. If you believe your User ID or Password has been lost, stolen, compromised, or that someone has transferred or may transfer money from your Account without your permission, call or write to us at:
(361) 985-6810
CoastLife Credit Union
6810 Saratoga Blvd.
Corpus Christi, TX 78414
Telephoning us as soon as possible is the best way of keeping your possible losses down.
You may also write or call us to stop payment of recurring bill payment transfers, but the fastest way to stop these transfers is for you to cancel the bill payments from within the Bill Payment system before the processing cutoff time. If you decide to write or call, we must receive your oral or written request at least three business days before the scheduled processing date. See Section 8 above for more information.
24. Your Liability for Unauthorized Transfers and Advisability of Prompt
Reporting. If you believe your Password has been lost, stolen, or compromised, you should change your Password immediately by accessing the "My Settings/Login and Security" feature in the Online Banking system.
Tell us AT ONCE if you believe your Password has been lost, stolen, or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using it without your permission if you had told us, you could lose as much as $500.
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 you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
25. In Case of Errors or Questions about Your Electronic Transfers. Write to us or
call us at the address and telephone numbers listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on your Account statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
(i) Tell us your name and Account number.
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii) 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 business days.
We will tell you the results of our investigation within ten 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 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 business days, we may not credit your Account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three 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.
26. Business Days. Our business days are Monday through Friday excluding federal holidays.
27. Documentation. All withdrawal and transfer transactions made using the Services will be listed on your periodic Account statement that you receive from us. You also may access your transaction history through the Internet Banking and Internet Banking App Services. If you do not receive a monthly Account statement from us, we will send you a statement at least quarterly.
28. Confidentiality. We will disclose information to third parties about your Account or the transfers you make:
The Credit Union may use third-party service providers to perform some of the Services on the Credit Union's behalf. You agree that the Credit Union and its service providers may share your information with each other in order to provide the Services. The Credit Union requires its third-party service providers to implement and maintain administrative, technical, and physical
safeguards to protect the security and confidentiality of your information.
29. Third Party Links. The Internet Banking and Mobile Banking Services and our website may contain links to third-party websites. We do not provide, and we are not responsible for, any product, service, or content appearing on third-party websites. Third-party websites may be less secure than our website, and our privacy policies do not apply to those websites. Please review the privacy policies on all third-party websites before proceeding on those websites.
30. Notices. We may provide notices to you under this Agreement (i) by way of the Secure Email Messaging Service within the Internet Banking Service, or (ii) to your email address on file with us, (iii) by posting notices on our website at https://www.coastlifecu.com, or (iv) by postal mail. Notices sent by us are deemed to be sent on the date of the notice and are deemed to be received by you three business days after they are sent. Notice to any one of you constitutes notice to all of you. Except as otherwise provided in this Agreement, notices from you are deemed effective when we receive them.
31. Assignment. We may assign our rights or duties under this Agreement. You may not assign this Agreement to any other person without our written consent.
32. Enforcement of Rights. We do not waive our rights under this Agreement unless such
waiver is in writing and signed by us. We may delay or decline to enforce any of our rights under this Agreement without losing our right to enforce them or any other rights we have in the future.
33. Severability. If any provision of this Agreement shall be declared invalid, unenforceable, or void as against public policy, that provision will not affect the validity, enforceability, or legality of any other provision.
34. Collection Costs and Attorney's Fees. If you fail to follow this Agreement, you will be liable to us for any resulting losses, costs, or expenses we incur. You authorize us to deduct any such losses, costs, or expenses from any eligible Account on which you are an Owner without prior notice to you. If we initiate legal action to collect any amount you owe us under this Agreement, you will be responsible to pay us for our reasonable attorney's fees and costs, subject to applicable law.
35. Headings. The titles and headings of the various sections of this Agreement are for the sole convenience of the parties and are not intended for any other purpose or to explain, modify, of place any construction on any of the provisions of this Agreement.
36. Governing Law. To the extent not preempted by applicable federal law, this Agreement is governed by and shall be construed in accordance with the laws of the State of Texas and applicable federal law, and it is deemed executed in Nueces County, Texas. You agree that if there is any inconsistency between this Agreement and any applicable law, regulation, or rule, the terms of this Agreement shall prevail to the extent that any such law, regulation, or rule may be modified by agreement between us. Any legal matters affecting our service providers' or licensors' ownership, licensing, liability, or indemnification shall be governed according to the laws of the state in which the service provider or licensor is headquartered, without giving effect to the conflicts-of-law principles any of any such state, and to the extent permitted by law, jurisdiction and venue for any such matters shall be in the state where the service provider or licensor is headquartered.