EFFECTIVE December 01, 2018
Electronic Services Department
Wepawaug-Flagg Federal Credit Union
105 Sanford Street
Hamden, CT 06514
EFFECTIVE December 01, 2018
Electronic Services Department
Wepawaug-Flagg Federal Credit Union
105 Sanford Street
Hamden, CT 06514
This document contains the terms and conditions of your Mobile Banking agreement with Crosspoint Federal Credit Union and the disclosures required by the Electronic Funds Transfer Act. The terms and conditions of this Agreement are in addition to the account agreements, disclosures, internet banking agreement and other documents in effect from time to time governing your account.
I acknowledge electronic receipt of this Terms and Conditions Agreement (“Agreement”) associated with Crosspoint Federal Credit Union’s Mobile Banking Service and agree that I have read and will abide by this Agreement. I also agree that CFCU does not need to provide me with an additional paper copy of this Agreement unless specifically requested. Further, I understand that a copy of this Agreement can be printed by using my browser’s print command and a printer.
A. Agreement – Means these terms and conditions of the Mobile Banking services.
B. Access ID – Is your Mobile Banking username. In most cases, your Access ID is your account number unless you chose another username.
C. Authorized User – Is any individual or agent to whom you allow use of the Service or your PIN or other means to access your Eligible Account(s).
D. Business Day – Is every Monday through Friday, excluding Federal Reserve holidays. The Business Day ends at 4:00 PM on Monday through Wednesday, and 5:00 PM Thursday and Friday.
E. Business Customer – Refers to anyone other than a Consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
F. Business Day Cutoff – Refers to the cutoff time for posting purposes. The cutoff time for online transactions is based upon our Business Days and Eastern Time. For posting purposes, we will process all transactions immediately.* Transactions completed after the end of the Business Day will be processed as of the following Business Day.
*Deposits submitted through the mobile app will appear in your account within one hour after each successful submission during business hours. For deposits submitted after business hours, it will appear in your account within one hour after we open the following business day.
G. Consumer – Refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
H. Eligible Accounts – An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement.
You may request Internet access to any account on which you are a signer or owner. If you or your Authorized Users desire features of The Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account.
When using The Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
I. Joint Accounts – If the Eligible Accounts added to The Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access ID and PIN are authorized unless we have been notified to cancel The Service.
J. PIN – Means the password code that you use in accessing your accounts through the Mobile Banking Service (and any change to that password code that you have made) and that you must have to conduct transactions through Mobile Banking. PIN also means biometric identification (Touch ID or touch-screen fingerprint).
K. The Service – Means the Mobile Banking Service offered by Crosspoint Federal Credit Union through its Service Providers.
L. Service Provider – includes any agent, licensor, independent contractor or subcontractor that this Financial Institution may involve in the provision of Mobile Banking, I Banking, Bill Payment, and electronic Bill Delivery services.
M. You and your – As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the eligible accounts, as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
N. We, us, or our – As used within this Agreement, “we”, “us” and “our” refer to Crosspoint Federal Credit Union and any agent, independent contractor, service provider, sub-contractor, licensor, designee, or assignee that Crosspoint Federal Credit Union may involve in the provision of the Service.
Mobile Banking Service is a service which allows you to access your account(s) through the use of a mobile application, communications software, and your Personal Identification Number (PIN) through the Internet and will enable you to perform monetary transactions and account inquiries.
You may use your Access ID and Personal Identification Number (PIN) to process the following requests and transactions on the Credit Union account for which the Access ID and PIN has been assigned:
Bill Payment services are optional. Bill Payment customers also have access to electronic Bill Presentment or Bill Delivery. You must register with the Bill Pay service and accept the terms and conditions of that service before using Bill Pay. We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
There is no fee for using the Mobile Banking service; however, there may be a charge for additional transactions and other optional services. You agree to pay all such charges and authorize us to deduct the calculated amount from your account. Any fees associated with your standard deposit accounts will continue to apply. 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
Prior to enrolling in The Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access The Service and to retain a copy of this Agreement. If we revise hardware and software requirements, and if there’s a material chance that the changes may impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
When any transfer, ACH, or other Payment Instruction is initiated through The Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.
When you enroll in The Service we will link all of your Eligible Accounts to one Access ID. Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in The Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cutoff time to be effective the same Business Day.
The balances within The Service are updated as transaction processing occurs and The Service will display the most current balance available. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction as the basis for our approval for account transfers. For assistance, you can send us a secure e-mail through the Service or call our Electronic Services Department at (203) 288-1695.
If you need our assistance on making edits to automatic/future dated transfers, you can send us a secure email through The Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing.
You may use The Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover the amount of any online transfers or the transaction may not be processed.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and Bill Payments authorized by personal computer through The Service are counted toward the six permitted monthly transfers. Bill Payments are considered third party transfers and are limited to three (3) transactions. Federal regulations currently place no limits on the number of transfers or Bill Payments from your Share Draft accounts, therefore this financial institution currently limits the Bill Payment Service to only Share Draft Accounts.
We understand how important privacy is to our members. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Our Privacy Notice is incorporated by reference into this Agreement. You should read this Privacy Notice, available on our website (www.wffcu.org) before completing the enrollment process for the Service. In order to protect your privacy, we will not disclose any information about you or your account to any person, organization or agency except:
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. When you log into the app for the first time, your credentials will be your existing home banking credentials. If this is your first time using the app or home banking your username will be your credit union account number, and your password will be the last 4 digits of the primary account holder’s social security number. You will then be prompted to create a new PIN and set up a series of security questions. Once you have completed this process, you will be able to use the same credentials on your computer. You agree not to give or make available your PIN to any unauthorized individual. You are responsible for all payments you authorize using The Service. IF YOU OR YOUR AUTHORIZED USERS PERMIT OTHER PERSONS TO USE YOUR PIN, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL TRANSACTIONS THEY PERFORM OR AUTHORIZE. Because your PIN is used to access your accounts, you should treat it as you would any other sensitive personal data.
If you believe someone may attempt to or has transferred money from your account by accessing your account without your permission, you must notify Wepawaug-Flagg Federal Credit Union by calling our Electronic Services Department during normal Business Hours at (203) 288-1695. We will require that you send us a written statement detailing the unauthorized transaction(s). NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PIN. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY
Mobile banking uses strong encryption techniques to protect your data. Multiple security processes including Transport Layer Security are utilized to ensure that your information stays private.
Information regarding Mobile Banking transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
A. Errors and Questions
In case of errors or questions about your payments contact us as soon as possible. You may contact us by phone at (203) 288-1695 during member service hours or write to us at Wepawaug-Flagg FCU, 105 Sanford Street, Hamden, CT 06514. If you think your statement is wrong or if you need more information about a transaction on your statement, we must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared. A statement is considered to be sent when it is first made available. Please provide us with the following information:
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account. For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
B. Consumer Liability for Unauthorized Users
Tell us AT ONCE if you believe your Access ID or PIN has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable). 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 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 account 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 someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Additional Provisions Applicable Only To Business Consumers
A. Protecting Your Account
The Service will allow a Business Customer to establish only one (1) Access ID and PIN for an account. Business Customer(s) will be solely responsible for determining Authorized Users of this Access ID. Business Customer represents and warrants that its Authorized Users have the appropriate authority to initiate transfers and Bill Payments through the Service.
Business Customer authorizes this institution and its Service Providers to act upon, and you agree to be bound by, any transaction, whether or not authorized, that is initiated with your Access ID and PIN. Furthermore, any instructions, directions, or other information provided by the Business Customer, or any of its Authorized Users, will be deemed to have been authorized by the Business Customer. This Financial Institution and its Service Providers will not be responsible for verifying the identity or authenticity of any person claiming to be an Authorized User of the Business Customer.
Business Customer assumes any and all liability arising from the use or misuse of the Service or company accounts by its Authorized Users. Business Customer agrees to indemnify and hold harmless this Financial Institution and its Service Providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with your Access ID and Pin.
Internet Addresses and Other Information: You and we will provide each other with Internet addresses and other information as needed for purposes of this Agreement and will update such information as needed.
Acceptance Required: We will credit your Account for a Qualifying Item included in a Remote Deposit (including Qualifying Items drawn “on us”) is provisional only until collection is final. Until final settlement, we will act only as your agent, regardless of the form of endorsement or lack of endorsement on a Qualifying Item, even if we have provisionally credited your Account. We can reverse any provisional credit to your Account of a Qualifying Item included in a Remote Deposit that is lost, stolen, or returned. You will indemnify us and hold us harmless from any loss we may incur as a result of our lawfully reversing a provisional credit to your Account.
Failures or Alternations in Transmission: We will not be liable for any failures or alternations in the transmission of Remote Deposits to us.
Presentment/Collection: Presentment and collection of Qualifying Items included in Remote Deposits will be by any means and through any clearing agents we deem appropriate, and you consent to any applicable clearing house rules.
Information on the Check: Any image of a Check that you transmit through the Service must accurately and legibly provide all of the information on the front and back of the Check at the time it was presented to you. You must endorse the original Check with a restrictive endorsement before scanning it by applying your signature, Account Number and the legend, “For Remote Deposit Only to Wepawaug-Flagg FCU.” You authorize the Bank to supply an endorsement on your behalf for deposit to your account if a Check is missing or has an improper endorsement.
You agree that the scanned image of each Check shall provide the following information: (1) identification of the drawer and the paying bank that is preprinted on the Check, including complete, full-field, and accurate MICR (magnetic ink character recognition) line, routing transit number, number of the account on which the Check is drawn, and drawer signature(s); (2) amount, payee, date, Check number; and (3) other information placed on the Check before imaging, such as any required identification written on the front of the Check and any endorsements applied to the back of the Check.
Funds Availability: You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. For purposes of determining the availability of funds, checks deposited via Remote Deposit Service are considered received by the Credit Union when the Remote Deposit Capture system expressly indicates that the checks were received by or delivered to the Credit Union. Member agrees that the image capture and transmitting of checks does not constitute receipt by Credit Union. The first $200 of funds deposited using the Service will generally be made available in three business days from the day of deposit. Any amount over $200 will generally be made available in four business days from the day of deposit. Credit Union may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Credit Union, in its sole discretion, deems relevant. There is a total combine daily limit of $2,000 for all items submitted with this service. The Credit Union has the ability to limit total monthly deposits over $5,000 submitted through this service.
Warranties: Unless prohibited by law, by making Remote Deposits you make the following warranties to us and agree to indemnify us and hold us harmless from any breach of such warranties, including payment of our reasonable attorneys’ fees and litigation expense:
Return Items: If Qualifying Items included in your Remote Deposits are returned, we will provide you with images or substitute checks of the returned items, rather than the paper originals.
Statements: You will examine your statement of account and report to us any alternations or unauthorized signatures purporting to be yours or on your behalf relating to Remote Deposits that you discover, or reasonable should have discovered, with reasonable promptness. Reasonable promptness for this purpose will not exceed 30 days from when the statement was first sent or made available to you. If you do not make such a report with reasonable promptness, you cannot assert against us such alterations or unauthorized signatures, or any others made by the same wrongdoer before we receive such a report, unless we failed to exercise good faith/ If we failed to exercise reasonable care the loss will be allocated between you and us according to the extent to which your and our failure to exercise reasonable care contributed to the loss. In addition, if you do not discover and report to us any such alterations or unauthorized signatures or any other issues regarding Remote Deposits within 60 days from when the statement including the Remote Deposits was first sent or made available to you, you cannot assert them against us, even if we failed to exercise reasonable care.
Information and Access: You will promptly provide us with any information, including financial information, we request that is pertinent in any way to your Remote Deposits or this Agreement. In addition, upon our request you will grant us access to your documents and records sufficient to permit us to determine whether you are complying with the requirements of this Agreement.
Irreconcilable Conflicts: This agreement supersedes your account agreement to the extent of any irreconcilable conflicts.
Circumstances Beyond Our Control: We will not be responsible for any failure to act or delay in acting pursuant to this Agreement if the failure or delay is the result of circumstances beyond our control including, but not limited to, legal constraint, interruption of transmission or communication facilities, equipment failure, or war emergency conditions.
Standard of Care: Unless otherwise required by law, our standard of care in connection with this Agreement is limited to ordinary care.
Indemnification: You agree to indemnify us and any other recipient for any loss incurred by us or any other recipient if the loss resulted from the receipt of a Qualified Item by Remote Deposit.
Limitation on Damages: Unless otherwise required by law, we will not under any circumstances be liable for attorneys’ fees; litigations expenses; or consequential, special, incidental, indirect, or punitive damages.
Duration and Termination: This Agreement will continue until it is terminated. We can terminate it immediately without notice if you are in default or if we suspect that you are engaged in illegal activity. Either party can terminate this Agreement without cause by giving 30 days advance written notice of termination.
Changes: We can change the provisions of this Agreement, other than the above stated right to terminate without cause, by giving you 30 days advance written notice of the changes.
Waiver: We can waive rights under, and violations of, this Agreement without affecting other rights under, or other violations of, this Agreement.
Assignment: You are not entitled to assign this Agreement or your rights and obligations under this Agreement without our consent.
Benefit: This Agreement is for your benefit and our benefit only, and no other entities have rights under this Agreement.
Invalidity: The invalidity or illegality of any provision of this Agreement will not affect the remainder of this Agreement.
Governing Law: This Agreement will be governed by the laws of the state of Connecticut.
The software provided by Financial Institution to Customer contains software provided by one or more third parties (“Third Party Software”) under contract with Financial Institution (each a “Third Party”)
Restrictions. Customer agrees that it will not itself, and will not permit any parent, subsidiary, affiliate, agent or other third party to: (1) sell, provide, distribute, lease, rent, lend, relicense, sublicense, or display Third Party Software or related documentation except as necessary to utilize the Software for mobile check deposits; (ii) decompile, disassemble, reverse engineer or attempt to reconstruct the Third Party Software, identify or discover any source code, trade secret, know-how, or ideas underlying user interface techniques or algorithms of Third Party Software by any means whatsoever, or disclose any of the foregoing; (iii) create any derivative works or any other software program based upon Third Party Software or related documentation or modify Third Party Software in any way; or (iv) use Third Party Software or documentation to develop or enhance any product that competes with Third Party Software.
Intellectual Property. Financial Institution or the Third Parties, as the case may be, retain all rights, title and interests, including intellectual property rights, in and to the Third Party Software and services, any improvements, translations, modifications or derivatives thereof, and any related documentation provided or made available to Customer, including all intellectual property rights therein. Customer acknowledges that the Third Party Software and related documentation contain copyrighted material, trade secrets, and other material that is proprietary to one or more Third Parties. Except as expressly stated herein, this Agreement does not grant Customer any intellectual property rights in the Third Party Software, services, or any related documentation or materials and all rights not expressly granted herein are reserved by Financial Institution and the Third Parties. Customer agrees to assign, and hereby does assign, to the Third Party all rights, title and interest, including all intellectual property rights, in any ideas, modifications, enhancements, improvements, inventions, works of authorship or any other suggestions that Customer or any of its employees or agents propose, create, author or develop relating to that Third Party’s Software or services, and will take all necessary action, including execution of relevant documents, to perfect such party’s ownership thereof.
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