In exchange for the Credit Union permitting the Member to use the null Services, the Member agrees as follows:
The Member may use the null Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the null Services, the member will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the null Services.
When a PAC is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with the Credit Union’s normal practices. The Credit Union’s practices respecting the debiting or crediting of any Transaction under any of the null Services may be revised from time to time with or without notice to the Member.
The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify the Credit Union for all liability or loss arising out of any such Transaction.
The Member agrees that the null Services will be available only on an "as is" and "as available" basis.
The Credit Union offers the null Services in order to improve the accessibility of the Credit Union to its Members. However, the provision of null Services is dependent in part on communication lines and other third party equipment and services. The Member agrees the credit union will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the credit union be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.
The Credit Union strictly manages access to its Member services and financial systems and databases using technological and procedural systems to ensure security is not breached. This includes physically securing all the Credit Union computer hardware and telecommunications systems. Internet communication involves a risk of interception by third parties. The Member must share in the responsibility for the security of the null Services. The Credit Union uses industry standard security techniques that include Secure Socket Layer (SSL) and encryption to help ensure that the Member’s personal and financial information is protected while in transit between the Equipment and the Credit Union Server. The Credit Union cannot accept responsibility for interception of Internet communications by third parties.
The PAC is for the Member’s use alone and may not be assigned or transferred. The Member agrees to keep the PAC confidential and not to disclose it to any person other than to a Signing Authority on the Account. The Member agrees not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Credit Union recommends that each Member change the Member’s PAC on a regular basis, such as every 90 to 120 days. Further, the Credit Union recommends that Members do not use numbers that are part of their PIN, easy to guess or that are based on personal information. If the PAC becomes known to other than a Signing Authority on the Account, confidential information about the Member’s Account may be accessed and Accounts could be debited.
All Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Member authorized the Transaction, which may affect the Transaction date.
The Credit Union’s records of each Transaction, and the Credit Union’s accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of a Transaction generated for the Member as part of the null Services will be for the Member’s convenience only. If the Member believes that the Credit Union’s records contain an error or omission, the Member must give written notice of the suspected error or omission to the Credit Union within the time provided in the Application for Membership and Account Operation Agreement between the Member and the Credit Union for the relevant Account or Accounts.
If the credit union does make an error or omission for any reason, with respect to the recording of any transaction, the liability of the credit union will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to the member by the credit union. Specifically, the member agrees that the credit union will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.
The Credit Union will establish service fees for use of the null Services and/or for conducting Transactions and may change these service fees from time to time. The Member authorizes the Credit Union to deduct any applicable service fees from any Account.
Except for those Transactions which are authorized to take effect on a future date (which can be revoked or countermanded prior to such date), once the PAC is used by the Member to conduct a Transaction by accessing the null Services the Member may not revoke or stop any such Transaction once the Transaction request has been processed.
When the Member uses the null Services to make bill payments from the Account, transfer funds to another member’s account or otherwise transfer funds out of the Account, the Member is responsible for ensuring the accuracy of any billing account number, member account numbers or other recipient account numbers to which the Member intends to transfer funds. The Credit Union will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient resulting from the Member providing the wrong account number. The Credit Union will not be responsible or obligated to retrieve or return such funds to the Member.
The Credit Union reserves the right to apply daily limits and transaction limits.
The Member agrees to notify the Credit Union immediately, in writing, if their PAC becomes known to anyone other than the Member.
The Member is liable for all unauthorized use of the PAC (whether fraudulent or otherwise) until such notification is made and acknowledged, in writing, by the Credit Union. Until the Credit Union’s acknowledgment is received by the Member, notification is not deemed to be received by the Credit Union.
The Credit Union may at any time without notice withdraw permission to use any of the null Services, or cancel or alter any of the null Services without being liable for any loss resulting from such action. The termination of null Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the null Services.
The Credit Union can add to or change the terms and conditions of this Agreement from time to time, but the Credit Union will give at least 30 days notice of any such additional or amended terms and conditions. Such notice may be given to the Member either in writing addressed to the last address provided by the Member to the Credit Union, or in the form of a notice displayed at all the Credit Union branches, or in the form of a notice displayed on the login screens accessed when using the null Services. If the Member continues to use any of the null Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Member will be deemed to have accepted such additional or amended terms or conditions.
The terms and conditions of the Application for Membership and Account Operation Agreement with the Credit Union and any other conditions or agreements between the Member and the Credit Union regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Application for Membership and Account Operation Agreement between the Member and the Credit Union will prevail over this Agreement.
This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of null Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.
If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the null Services with respect to that Account.