This Online Services Agreement (this “Agreement”) states the terms and conditions for the Online Banking (Legacy Connect/Flashtalk), Legacy Mobile Banking, Bill Pay (iPay), and Remote Deposit Capture services (collectively, “Online Services”)offered by Legacy Community Federal Credit Union (“Credit Union”). As used in this Agreement, “you” or “your” refers to each person(s) subscribing to, using or accessing any Online Service; “we”, “us” or “our” refers to the Credit Union or any agents, independent contractor, designee, or assignee the Credit Union may, in its sole discretion, involve in the provision of Online Services.
By enrolling in online services, you are automatically enrolled in electronic statement delivery. You agree that we may provide you with any Communications relating to your Accounts in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent. The terms and conditions of our electronic statement agreement can be seen below.
Effectiveness of Agreement
When you use, or you permit any other person(s) to use any of these Online Services, you agree to the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any accounts you have with the Credit Union. This Agreement is an addendum to the existing Master Account Agreement that you received when opening your account, as amended from time to time.
Third Party Providers and Agreements
The Credit Union may provide Online Services through one or more third parties with whom the Credit Union has contractual or other relationships. The Online Services are subject, in all respects, to the terms and conditions of the contracts with third parties.
In using the Online Services, you will be accessing internet sites that are maintained and controlled by third parties. Although the Credit Union believes that the third parties and the sites maintained by those third parties are reliable and secure, the Credit Union cannot provide any assurance as to the reliability and security of the third parties or the sites.
Exclusion of Warranties
The warranties, if any, stated in this Agreement are limited warranties and are the only warranties made by the Credit Union. WE DO NOT MAKE, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY BY LEGACY COMMUNITY FEDERAL CREDIT UNION OF ANY KIND SHALL BE IMPLIED. The stated limited warranties are in lieu of all liabilities or obligations arising out of or in connection with the delivery, use, or performance of the Online Services.
Limitation of Liability
Our sole obligation to you arising out of (i) the non-availability of any Online Service, or (ii) an interruption or delay in providing any Online Service shall be to use commercially reasonable efforts to resume the Online Service or to notify you of the termination of the Online Service. ANY LIABILITY OF LEGACY COMMUNITY FEDERAL CREDIT UNION ARISING FROM USE OF ANY ONLINE SERVICE DESCRIBED HEREIN IS LIMITED TO THE FEE YOU PAID LEGACY COMMUNITY FEDERAL CREDIT UNION FOR THE TRANSACTION THAT GAVE RISE TO THE ALLEGED LIABILITY. YOU AGREE THAT THIS DAMAGE LIMITATION IS COMMERCIALLY REASONABLE IN LIGHT OF THE VALUE OF THE SERVICE. ACCESSING HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK. LINKS PROVIDED BY THOSE SITES ARE NOT INVESTIGATED, MONITORED OR ENDORSED BY LEGACY COMMUNITY FEDERAL CREDIT UNION. The foregoing, the Electronic Fund Transfers Disclosure Statement (for consumer accounts only), and the Master Account Agreement provided to you upon opening your account shall constitute our entire liability and your exclusive remedy. In no event shall we (or any of our agents, directors, employees or affiliates) be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if advised of the possibility of such loss or damage) arising in any way out of the Online Services.
Access to Online Services
You must have a personal or business membership/savings account at the Credit Union and access to the Internet to use Online Services. To use any Online Service and perform a transaction, you must first enter your Online Banking ID and PIN/Password as directed by the Online Banking screen message.
Equipment
You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing Online Services and any fees related thereto. The Credit union will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access services. This includes upgrading your browser to maintain the level of encryption required to operate any Online Service, as that level may change from time to time. We are not responsible for any computer virus or related problems that may be associated with the use of an on-line system. We recommend that you routinely scan your computer using a reliable virus detection product to remove any viruses found.
Business Days/Hours of Operation
The Credit Union’s business days are Monday through Friday, except Federal Reserve holidays. Online Banking and Online Services are available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control.
Fees
The Credit union will not charge you a fee for using Online Services. We may assess a fee for any bill payment request drawn against insufficient funds in your Payment Account. You will reimburse us for any fees imposed on the Credit Union as a result of the return and you will reimburse us for any fees we incur in attempting to collect the amount of the return from you.
Limitation of Access/Security
The Credit Union may terminate Online Services in whole or in part at any time without prior notice. The Credit Union reserves the right to limit or suspend your access to any Online Service at any time. In order to maintain secure communications and reduce fraud, you agree to protect the security of your Online Banking ID and PIN/Password. We reserve the right to block access to Online Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be compromised or are being used or may be used by an unauthorized person(s).
Online ID & PIN/Security Procedure
Use of your Online Banking ID and PIN/Password is the agreed security procedure to access Online Banking and Online Services. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Banking or Online Services, you agree, by using Online Banking and/or any Online Service, to keep confidential, and to not give or make available your IDs and PINs to any person not authorized to access your accounts. The loss, theft or unauthorized use of your IDs and PINs could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection and/or courtesy pay. If you disclose your IDs and/or PINs to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and payments you authorize using Online Banking. If you permit any other person(s) or entity to use Online Banking and/or any Online Service or to access or use your IDs and/or PINs, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us of any unauthorized use of your IDs and/or PINs or of any other breach of security, or if you believe someone may attempt to use Online Banking or any Online Service without your consent or has transferred money without your permission. You can contact us by calling (205) 930-5000 during our normal business hours.
We protect your and our data with industry level encryption consistent with industry standards for data in transit. You understand that these industry standards are dynamic and constantly developing. By agreeing to enroll in our online baking service, you acknowledge and understand that there are risks to electronic communications, including, but not limited to, delay or failure of delivery due to technical difficulties, weather conditions, matters beyond our reasonable control or interception and/or alteration of such communications by third parties in spite of the credit union's commercially reasonable security measures.
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to any e-mail at either the address provided with the communication, the email address we have on records for your membership account, or any other application or written communication actually received by us.
Although we have no obligation to do so, we reserve the right to require authentication, including multi-factor authentication of electronic communications and transactions performed through online services.. The decision to require authentication is at the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.
Online Banking Services
You may perform the following transactions using Online Banking:
b. Withdrawal Transaction. You may use Online Banking to perform funds transfers from your Credit Union checking or savings accounts to other Credit Union checking, savings or loan accounts. The dollar amount is limited only by your account balance. Funds transfers from Online Banking are considered preauthorized withdrawals and/or transfers from savings and are limited under Regulation D. Please see your Master Account Agreement for transfer limitations.
Withdrawals from your Credit Union checking account may cause advances from the unused portion of your Overdraft Protection/Courtesy Pay. This may result in fees being incurred.
c. Statement Inquiries. You may use Online Banking to view and print out copies of your statements.
d. Download to financial software. You may use Online Banking to receive and download (to Intuit Quicken, Microsoft Money, etc.) balance and transaction information for Credit Union accounts.
e. Member Service. You may communicate with the Credit union by using a personal computer to send and receive written messages electronically. E-mail through Online Banking is a secure communication method. Depending on the time the e-mail is sent will determine the response time. If you need to contact us immediately, you should call us at (205) 930-5000.
f. As a feature of your digital banking account, we will provide you with your credit score and report. This is a soft pull and will not affect your credit score.
You authorize our partner SavvyMoney, Inc. to continuously obtain your credit report and use the information to verify your identity, provide you with financial education, and invite you to apply for products and services made available by us.
Click here if you wish to decline enrollment in SavvyMoney services.
By clicking 'I Agree’, you are accepting SavvyMoney's Terms of Service and Privacy Policy (unless you completed the decline enrollment instructions above). You may revoke this authorization at any time through your credit score profile settings."
Mobile Banking Services
Mobile Banking is offered as a convenience and supplemental service to our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your Accounts and Services with us. Mobile Banking allows you to access your Credit Union Account information, make payments to payees, transfer funds and conduct other banking transactions we may authorize. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your supportable mobile device, including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic, which is also capable of receiving text messages (“Device”). Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Mobile Banking Service may not be supportable for all Devices. The Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Mobile Banking Service at any time. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option. We make no representation that any content or use of the Mobile Banking Service is available for use in locations outside of the United States. Accessing the Mobile Banking Service from locations outside of the United States is at your own risk.
You may use the Mobile Banking Service to transfer funds between your eligible Credit Union Accounts. Funds transfers from Online Banking are considered preauthorized withdrawals and/or transfers from savings and are limited under Regulation D. Please see your Master Account Agreement for transfer limitations.
If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate internal transfer via the Mobile Banking Service.
You must have sufficient funds available in the selected Account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees.
You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Mobile Banking Service. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Mobile Banking Service.
You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Mobile Banking Service. You agree not to leave your Device unattended while logged into the Mobile Banking Service and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access the Mobile Banking Service, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
Electronic Statements
You agree to receive all statements and disclosures electronically (“estatements”) under the following terms.
What does eStatements include? eStatements include all activity for savings accounts, checking accounts, club accounts, certificates of deposit, IRA accounts and loans. If you select eStatements, you will also be consenting to electronic delivery, at the Credit Unions sole option, of all electronic records such as disclosures, agreements, contracts, receipts, notices, modifications, amendments, and all other evidence of Credit Union transactions with you or on your behalf.
Requirement for Email Address: You agree to provide the Credit Union with an email address for you to receive statement availability notifications and electronic records. You agree that if you change your email address, it is your responsibility to provide the Credit Union with a new email address for eStatements notifications. You may provide the Credit Union with your new email address by logging in to your account and clicking “Settings – Update Address”, by speaking with a Credit Union representative, or by a signed written request.
Equipment and Software Requirements: To receive eStatements or electronic records and to access our Home Banking service area, you need Internet access and a web browser, (such as Microsoft’s Internet Explorer or Edge, Firefox, or Google Chrome). By selecting to receive eStatements, you represent that you have such equipment and software and that you can download, access, read, review, print and store the eStatements Legacy Credit Union provides to you.
Accessing eStatements: eStatements may only be accessed after you log in to your account. eStatements for the prior calendar month (or quarter, if you receive only quarterly statements) will be available for viewing within five (5) business days of the last business day of the calendar month (or quarter). When eStatements are available for your review you will be notified at the email address you have registered with Legacy Credit Union. Any E-statement posted to Legacy Credit Union web site will be considered delivered on the day that it was first made available to you for viewing.
Your Rights to Receive Paper Statements and to Withdraw Consent: You have the right to receive paper copies of any electronic records, in whole or part. You have a right to receive past or current statements in paper form. You may withdraw your consent to receive eStatements and records electronically at any time. To withdraw your consent to receive eStatements and electronic records, or to request a paper copy of your statements, contact Legacy Credit Union in person at any branch office; or call (205) 930-5000, or write us at Legacy Credit Union, PO Box 55377, Birmingham, AL 35255. Any notice will not become effective until received by Legacy Credit Union and Legacy Credit Union has had sufficient time to act on it (up to two (2) business days). A fee to cancel this service or to request paper copies of statements or electronic records may be imposed as set forth in our Rate and Fee Schedule.
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 while using any electronic service Legacy Credit Union offers; or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to the validity of your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and Legacy Credit Union.
Agreement: You consent that Legacy Credit Union may communicate with you electronically as necessary. You further consent that Legacy Credit Union may provide to you electronically all periodic statements and electronic records. Legacy Credit Union reserves the right to send any or all electronic records or statements to you in paper form to your current mailing address on file at Legacy Credit Union.
Your selection to receive your statements electronically will become effective immediately following your response to the authentication email sent to the email address you have provided and means that you will no longer receive paper statements by U.S. Mail. By signing the Member Application, you acknowledge that you have read and agree to the terms in this "AGREEMENT TO RECEIVE ELECTRONIC DELIVERY OF ACCOUNT STATEMENTS". This Agreement, including the validity of any signatures or consents, any claims, or any disputes arising hereunder shall be construed in accordance with and governed by the laws of the State of Alabama.
Bill Pay Service
As used in this Agreement, the term “Payee” means the person or entity to whom you wish a bill payment to be directed; “Payment Instruction” means the information provided by you to us for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date); “Payment Account” means your checking account from which a bill payment will be made; “Business Day” means Monday through Friday, excluding Federal Reserve holidays; “Scheduled Payment Date” means the Business Day of your choice upon which your bill payment will begin processing (a Scheduled Payment Date of a non-Business Day will be considered to be the previous Business Day); and “Cutoff Time” means 9:00 PM Central Standard Time (CST) on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
To gain access to Bill Pay, you must sign on to Online Banking by entering your Online Banking ID and authentication credentials as required by the Credit Union on the Credit union’s web page. Select an option under “Bill Pay” from the Online Banking menu. To use Bill Pay, you must provide information online to us to identify your Payees. You can search the extensive database for existing Payees or set up a new Payee. You must provide sufficient information about a Payee to permit us to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. You do this by filling in all required fields with accurate information, as directed by Bill Pay screen messages. By providing us with the names and account information of those Payees to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive through the payment system. When we receive a payment instruction, you authorize us to debit your Payment Account and remit funds to the Payee on your behalf.
You will be able to set up the following types of bill payments:
a. Single Payment: You may schedule a payment to be made one time to a Payee. The payment may be scheduled on a future date or on the same day that you enter the Payment Instruction provided you enter the Payment Instruction by the Cutoff Time.
b. Recurring Payment: You may schedule payments to Payees to be automatically initiated in a fixed amount on the same scheduled payment frequency. You may make payments weekly, bi-weekly, semi-monthly, monthly, quarterly, semiannually or annually. If the Scheduled Payment Date does not exist in a certain month, then the payment will be initiated on the last Business Day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on or before the 28th day of February.
You will be provided a confirmation number for each payment you schedule using Bill Pay. This number is available on the Personal Payment Schedule prior to the scheduled Payment Date and on the Payment History screen under the Bill Payment menu if you need to refer to it in the future. The confirmation number will help us resolve any questions you may have concerning your transactions. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same date for the same amount as a previously schedule payment. A duplicated payment is different from a Recurring Payment. A Recurring Payment is scheduled for the same amount to the same Payee on a recurring schedule. Verification by the Credit Union will be required for any Single Payment or Recurring Payment of $10,000.00 or higher.. In addition, Single Payment to a Payee must be “In Process” (hereinafter defined) before an additional Single Payment can be scheduled to the same Payee.
While it is anticipated that most transactions will be processed and completed on the next Business Day after your Scheduled Payment Date, and arrive approximately 3-5 Business Days after your selected schedule Payment Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your account. For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than five (5) Business Days before the bill’s actual due date if paid by check and three (3) Business Days before the bill’s actual due date if paid by electronic funds transfer, not the late date and/or a date in the grace period. Payment instructions entered after the Cutoff Time or on non-Business Days will be considered entered in Bill Pay on the next Business Day. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of Business Days between the Recurring Payment date the bill’s actual due date. If you properly follow the procedures described herein, and we fail to send a payment according to the Payment Instructions received, we will bear responsibility for late charges (up to a maximum of $50.00 per scheduled payment per business Payee.) In any other event, including, but not limited to, choosing a Scheduled Payment Date less than five (5) Business Days before the bill’s actual due date if paid by check and three (3) Business Days before the bill’s actual due date if paid by electronic funds transfer, the risk of incurring and the responsibility for paying all late charges or penalties shall be borne by you.
We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you through Bill Pay because of the existence of any one or more of the following circumstances:
to complete the transaction or the transaction would exceed the amount of any account’s balances or lines of credit through Overdraft Protection and/or through “Courtesy Pay” for overdraft protection;
c. The Payee mishandles or delays a payment sent by us;
d. You have not provided us with the correct name, phone number or account information for the Payee, or you have not provided us with accurate personal information either during enrollment or on your Bill Pay(Bill Payment ) Application, or you have otherwise provided incomplete Payment instructions; or,
e. Circumstances beyond our control (such as, not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transactions and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing five (5) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to the proper Payee any previously misdirected transactions.
Your ability to initiate transactions and bill payments through the Bill Pay service is subject to the limitations in the Credit Union’s EFT Disclosure and the Credit Union’s Master Account Agreement, copies of which were provided to you upon opening your account, and the following limitations:
You may not initiate a payment to a Payee that does not have a U.S. payment address or that has not agreed to accept payments through the Bill Pay service.
You may not make a payment other than in U.S. dollars.
The Credit Union, from time to time in its sole discretion, may exclude additional transactions from the Bill Pay service. Bill payments are not made until good and available funding for such payments is available to or through the Credit Union.
A bill payment is a “Scheduled Payment” starting from the time you enter Payment Instructions until the payment is “Processed”. A bill payment is “Processed” starting at the Cutoff Time on the Scheduled Payment Date. You may cancel or edit any Scheduled Payment (including Recurring Payments) by following the directions within Online Banking and Bill Pay. There is no charge for canceling or editing a Scheduled Payment. A canceled payment will not appear on your Payment History.
We may not have a reasonable opportunity to act on any stop payments or cancellation order given after payment is “Processed”. If you desire to cancel or stop any payment that has been processed, you must call 1-866-730-8939. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payments requests will be accepted only if we have a reasonable opportunity to act on such requests. Stop payment requests sent to us via electronic mail or in any other manner may not reach us in time for us to act on your request. The charge for each stop payment order will be the then current charge for such service, as amended from time to time.
Once your scheduled bill payment is “Processed”, we will relay your payment information to a third party vendor, who in turn will remit payment to your Payee by one of the following means, at the vendor’s sole discretion: (1) by electronic funds transfer; (2) by mailing your Payee a check drawn on an account the vendor maintains for this purpose. The timing when your scheduled bill payment is debited from your Payment Account is approximately 48 hours after the Scheduled Payment Date.
All of your payments made through Bill Payment will appear on your monthly account statement(s). You can also view payment activity on the Online Banking and Bill Pay Activity screen.
You may cancel your use of Bill Pay at any time by sending an electronic message or request (see the e-mail section) or by calling the Credit Union at (205) 930-5000. If you notify us by telephone, we may request that you put your request in writing. We cannot cancel Bill Pay until all Pending Payments have cleared your Payment Account. If you have Pending Payments and do not want to wait for them to clear, you may individually delete these future payments. You will not receive a refund of any service fee if you cancel. The Credit Union may cancel or suspend Bill Pay in whole or in part, at any time without prior notice. Cancellation or suspension shall not affect your liability or obligations under this Agreement.
In using Bill Pay, you are requesting that we make payments for you from your Payment Account. If we are unable to complete the transactions for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive an overdraft notice from the Credit union. In such case, you agree that:
a. You will reimburse us immediately upon demand for the transaction amount that has been returned to us;
b. You will reimburse us for any fees imposed by the Credit union as a result of the return;
c. You will reimburse us for any fees we incur in attempting to collect the amount of the return from you; and,
d. We are hereby authorized to report the facts concerning the return to a credit reporting agency.
You agree to promptly notify the credit union of any address change, electronic mail address change, and/or any change to your telephone number.
We reserve the right to refuse to pay any Payee to whom you may direct a payment for security reasons or any other reason. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required, however, if you attempt to make a prohibited payment under this Agreement.
Your enrollment in Bill Pay may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in Bill Pay, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Payee to resolve payment-posting problems.
You are responsible for any outstanding Bill Pay payments if you choose to close your bill payment account. You are to inform the Credit Union of any outstanding payments at the time you close your bill payment account.
REMOTE DEPOSIT CAPTURE SERVICES DISCLOSURE AND AGREEMENT
WARNING: YOU SHOULD NOT USE THIS SERVICE WHILE OPERATING A MOTOR VEHICLE.
This Remote Deposit Capture Services Disclosure and Agreement (“Agreement”) governs the use of Remote Deposit Capture Services (“RDC”, “RDC Services” or “Services”) offered by Legacy Community Federal Credit Union (“Credit Union”, “we”, “us”, “our”) to accountholders (“you”, “your” or “user”). By clicking “I Agree” when you register for our RDC Services and/or by using the RDC Services, you agree to the terms and conditions of this Agreement.
Description of the RDC Services
The RDC Services allow you to make deposits to certain of your accounts with us that we approve (“Account”) by electronically transmitting a digital image of checks to us for deposit. In order to use the Service, you must be enrolled in our Online Banking service and our Mobile Banking application must be installed on your wireless device. You acknowledge and agree that no transaction made through or using the Service is an “electronic fund transfer” as defined by the federal Electronic Fund Transfer Act and/or Regulation E of the Consumer Financial Protection Bureau.
Ineligible Accounts
We may from time to time limit or prohibit the use of the Service for deposits to certain account types, at our sole discretion. Currently, we do not permit the Service to be used for deposits to the following Accounts: Individual Retirement Accounts (IRAs), Health Savings Accounts (HSAs), Share Certificate Accounts, or Incentive Savings Account. Further, you are not permitted to use the Service to make payments on any outstanding loan with us.
Eligible Items
You agree that you will use the Service only to scan and transmit images of “checks”, as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System, for a deposit to your Account. Any reference herein to “check” shall refer to each and every check or item that is transmitted to us by you using the Service, both individually and collectively. You agree that the image of any check that is transmitted via the Service shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Alabama. You further agree that you will not use the Service to scan or transmit any check or item that: (a) is payable to any person or entity other than you (a “third party check”); (b) is drawn or otherwise issued by you on any account you own or have an interest in, or on which you are an authorized signer; (c) is prohibited by our then current procedures pertaining to the Service or is in violation of any law, rule or regulation; (d) bears any alteration or that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; (e) is either a “substitute check” (as defined in Regulation CC or other applicable federal law or regulation) or an “image replacement document” that purports to be a substitute check; (f) is drawn on a financial institution that is located outside of the United States; (g) is a “remotely created check” as that term is defined in Regulation CC; (h) is not payable in United States currency; (i) is dated more than six (6) months prior to the date of scanning and transmission or is “post dated”; (j) is payable jointly, unless the check is being deposited to an Account in the name of all payees on the check; (k) is payable on sight or is a payable through draft, as defined in Regulation CC; (l) has any endorsement on the back other than the endorsement specified in this Agreement; (m) has previously been submitted through the Service or through any remote deposit capture service offered by any other financial institution; (n) is drawn or otherwise issued by the U. S. Treasury; (o) is not acceptable to us for deposit into your Account as provided in the deposit agreement that governs your Account; or (p) is cash, a money order, cashier’s check, or traveler’s check (any of the foregoing being herein referred to as a “Prohibited Check”).
Image Quality
The image of any check transmitted to us through the Service must, in our sole and absolute judgment, be legible and contain images of the front and back of the check. The image quality of the check must meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association. These requirements include, but are not limited to, ensuring the following information can be clearly read and understood by sight review of the check image: (a) the amount of the check (both written and numeric); (b) the payee; (c) the signature of the drawer (maker); (d) the date the check was written; (e) the check number; (f) pre-printed information that identifies the drawer and the financial institution on which the check is drawn, including the MICR encoded account number and financial institution routing/transit number; (g) all other information placed on the check prior to the time an image of the check is captured, such as any endorsements applied to the back of the check.
Endorsements
You agree to restrictively endorse any check transmitted through the Service by supplying the following verbiage: “For Remote Deposit Only, Account #_____”, and your legally-binding signature to endorse the check. For example, a proper endorsement would appear as follows:
For Remote Deposit Only
Account #123456
s/ John A. Doe
You further agree that we may handle and process any check image you transmit to us through the Service in accordance with the terms of this Agreement notwithstanding any restrictive, qualified, or conditional endorsement you may apply to the check without our approval or direction.
Security Procedures
You agree to follow any and all procedures, instructions, and guides for use of the Service as we may require from time to time and to download each software update as it is made available by us to you. We may require you to use a user identification code, a personal identification number, and/or passwords and other security procedures (collectively, “Service Access Procedures”) to access the Service. You agree at all times to comply with the Service Access Procedures, to safeguard the confidentiality of the Service Access Procedures, and to notify us immediately if you have any reason to believe the security or confidentiality of the Service Access Procedures has been compromised or breached.
Receipt of Images
We have no obligation to accept any check or image you transmit to us through the Service, and we may reject any check or image that you transmit in our sole and absolute discretion without liability to you. You agree that we are not responsible or liable to you for images that are dropped during transmission, that we do not receive, or that are intercepted or altered by, or misdirected to, any unauthorized third party. You assume the risk that any check image or information from a check image may be intercepted or misdirected during transmission. An image shall be deemed received by us when you receive an electronic confirmation from us that we have received the image. Such confirmation only confirms the receipt of the image and does not confirm that the transmission was complete or error free, or that the amount of the check will be finally collected from the drawee institutions and/or credited to your Account. If, after we confirm the receipt of a check image, we determine that the check is a Prohibited Check, you agree that we may charge the amount of the check back to your Account. You agree that we will not be liable to you for any loss, costs, or fees as a result of the exercise of our chargeback rights.
Funds Availability
You agree that check images transmitted using the Service and the funds represented by the checks are not subject to the funds availability requirements of Regulation CC. Except as otherwise provided in this Agreement, and subject to the requirements of applicable law or regulation, funds from any check transmitted through the Service will be available after final payment with respect to the check is made by the drawee of the check, and any credit of funds to your Account before that time is provisional. However, we may make funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant, and/or based upon funds availability options we may offer to you in connection with the Service. You acknowledge and agree that no funds availability option we offer constitutes a promise or guarantee that check funds will be finally collected from the drawee institution and/or finally paid to you. In any event, we reserve a right of chargeback to your Account in the event of dishonor or nonpayment by the drawee institution, and we reserve the right to chargeback all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback (including, but not limited to, returned deposit item fees and overdraft fees). For purposes of this Service, the term “Business Day” means Monday, Tuesday, Wednesday, Thursday or Friday, except when those days are holidays or days on which we may be closed due to emergency conditions. Check images received by us before 3:00 p.m. Central Standard Time on a Business Day will be processed on the same day. Check images received by us after 3:00 p.m. Central Standard Time will be processed on the next Business Day.
Contingency Plan
The RDC Service is provided by us to you as a convenience. Because the Service could be unavailable from time to time for various reasons, you should not rely on the Service as the sole means of depositing checks to your Account. If you wish to deposit any check to your Account and you are unable to transmit the image of the check to us through the Service or are unable to use the Service in compliance with the terms of this Agreement for any reason (including, without limitation, reasons related to communications, equipment or software outages, interruptions or failures), you acknowledge and agree that you are solely responsible for using alternative available means of depositing the check to your Account, such as depositing the check in person at any Credit Union branch location or through any Credit Union Shared Service Center. Such alternative means will be governed by the terms and conditions of our Deposit Account Agreement and not by the terms of this Agreement.
Errors
You agree to notify us immediately of any suspected errors regarding your use of the Service. You may notify us by calling (205) 930-5000 or writing us at Legacy Community Federal Credit Union, P.O. Box 55377, Birmingham, AL 35255-5377. Any transactions made through the Service will be reflected on your monthly account statement. You understand and agree that you are required to notify us of any error or discrepancy relating to use of the Service by no later than sixty (60) calendar days after the date of the monthly account statement on which the discrepancy or allegedly erroneous transaction appears or should have appeared. You are responsible for any errors that you fail to bring to our attention within such time period.
Your Representations and Warranties to Us; Indemnification
Each time you use the Service to transmit any check image to us, you represent and warrant to us that: (a) the check is not a Prohibited Check; (b) you are entitled to enforce the check; (c) all signatures on the front and back of the check are authentic and authorized; (d) the check is not a counterfeit item; (e) the check has not been altered; (f) the check is not subject to a defense or claim in recoupment of any party that can be asserted against you; (g) you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check; (h) the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check; (i) the check image transmitted by you to us contains an accurate representation of the front and the back of the check and otherwise complies with all the requirements of the Service (including, but not limited to, any endorsement requirements); (j) you will neither create nor transmit through the Service any duplicate image of the check, nor will you deposit or otherwise negotiate the original check; (k) no person or entity will be asked to make payment on the check more than once; (l) neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through the Service, presented for payment, or returned; (m) the image of the check contains no computer viruses or other harmful, intrusive, or invasive codes; (n) all information you have provided to us in connection with the Service and the transaction is complete, true, accurate, and current; and (o) the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Agreement. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, SUITS, DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES) ARISING FROM OR RELATED IN ANY WAY TO YOUR BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, YOUR USE OF THE SERVICE, AND/OR OUR PROVISION OF THE SERVICE TO YOU. YOUR AGREEMENT TO INDEMNIFY US AND HOLD US HARMLESS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
Storage of Original Checks
After you transmit any check image to us and receive confirmation from us that we have received the image, you agree to securely store the original check for a period of thirty (30) days (“Check Retention Period”). During the Check Retention Period, you agree to take appropriate measures to ensure that (a) only authorized persons will have access to the check; (b) the information contained on the check will not be improperly disclosed; and (c) the check will not be duplicated or negotiated in any form. Promptly after the expiration of the Check Retention Period, you agree to destroy the original check, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, negotiation or presentment. During any time the original check or a copy or image thereof is available to you or in your possession, you agree to furnish it to us upon request.
Transaction Limits
We may from time to time impose or change limits on your use of the Service, including but not limited to, limits on the dollar amount and/or the number of checks you may transmit using the Service. We may accept or reject any transaction you attempt in excess of these limits in our sole discretion.
Presentment and Collection
The manner in which checks and images transmitted through the Service are cleared, presented for payment and collected shall be in our sole discretion subject to the Deposit Account Agreement governing your Account.
Disclaimer of Warranties by Us
YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVCIES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE AND (IV) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
Limitation of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
PC/Mobile Device Specifications
In order to use the Services, your PC or wireless or mobile device must meet current minimum technical specifications. You may refer to the Online Banking section of our website (www.legacycreditunion.com) for current information on required hardware, software, and other equipment. We do not guarantee the compatibility of the Services with all modem types, mobile devices, computer systems, internet browsers, hardware and/or software. You are responsible for obtaining and properly installing and maintaining all telephone equipment and services, wireless services, internet connection services, computer hardware and software, and all necessary upgrades thereto, and all other equipment necessary for you to access and use the Services.
Updated Contact Information
You agree to notify us immediately if you change your residential/mailing address, your telephone number or email address, as your email address is where we may send notifications or other communications to you. You authorize us to send information and inquiries to the email address we have on file for your Account.
Cancellation
You may cancel your participation in the RDC Service by calling us at (205) 930-5000. We reserve the right to change or cancel the RDC Service at any time without notice to you. We may also suspend your access to the RDC Service at any time without notice and for any reason, including but not limited to, your non-use of the Service.
Relationship to Other Agreements
You agree that when you use the RDC Service, you will remain subject to the terms and conditions of all your existing agreements with us or any service provider of yours, including service carriers or providers (e.g. AT&T, Verizon, Sprint, T-Mobile, etc), and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the RDC Service (for example, your mobile service carrier or provider may impose data usage charges for your use of or interaction with the RDC Service, including while downloading the software, or other use of your mobile device when using the software or other products and services provided by the RDC Service), and you agree to be solely responsible for all such fees, limitations and restrictions.
Service Charges
All charges associated with the RDC Service are disclosed in our Fee Schedule. You agree to pay related account transaction fees and charges in accordance with our current Fee Schedule, as amended from time to time. You authorize us to automatically charge your Account for all such fees incurred in connection with the RDC Service.
VISIFI PLAID CORE CONNECT SERVICE
Users may connect certain applications to their financial institution using Plaid. Use of any service that utilizes Plaid is at the user’s own risk. Legacy Community FCU has no control over any services provided by Plaid. The Credit Union makes no representations regarding the security of any data transferred to or otherwise made available to Plaid. The Credit Union cannot and does not warrant that any data transferred to or otherwise made available to Plaid will remain confidential. The Credit Union has no control or right to control data transferred to or otherwise made available to Plaid. In agreeing to provide Plaid Connectivity services to customer, provider is not an insurer of the data that the member may choose to transfer or make available to Plaid. Legacy Community FCU has disclaimed all warranties, conditions, and representation of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
DIGITAL DEBIT CARD
The Online Services allows you to manage your debit card through our online banking platform. You may request a replacement card, change your PIN and block your existing card.
IMPORTANT: If your debit card has been lost or stolen, report it to Legacy Community FCU Immediately at 205-930-5000
Digital Debit Card Replacement and Issuance may not be available in every circumstance. For your security, Legacy Community FCU reserves the right to decline replacement or issuance of a debit card through the online banking system.
Except as may otherwise be specifically provided for in these Terms, neither we, nor any of our affiliates, officers, directors, employees, or agents, will be responsible for any loss of your funds or property except as a result of our intentional act or gross negligence. We will rely on information you provide to us through the service, including but not limited to, your request that we block your card, the name on any new issue or replacement card, the PIN chosen by you. Any request to block your card will not be effective until we have had reasonable opportunity to act on your request. Any transaction authorized by you prior to our deactivating your card will not be cancelled. We will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via Digital Debit Card Services. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Service.
BY ACCESSING DIGITAL DEBIT CARD SERVICES YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Electronic Fund Transfer (EFT) Provisions for Consumer Accounts
The provisions in this section apply only to electronic fund transfers that debit or credit a member’s consumer checking account, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). The Credit Union may, when applicable, rely on any exceptions to the provisions in this Section that are contained in Regulation E. All terms not otherwise defined in this Agreement, which are defined in Regulation E, will have the same meaning when used in this section.
Your Liability. Your liability for an unauthorized EFT or a series of related unauthorized EFTS will be determined as follows:
Generally, tell us AT ONCE if you believe your Online Banking ID or PIN has been lost, stolen, or otherwise compromised. Telephoning is the best way to keep possible losses down. You could lose all the money in your account (plus your overdraft accounts and/or courtesy pay). If you tell us within two business days, you can lose no more than $50 if someone used your Online Banking ID and PIN without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Online Banking ID and PIN, and we can prove we could have stopped someone from accessing your account 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 received by you, uu 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 may extend the time period. You may notify us in person, by telephone, by e-mail, or in writing.
Errors or Questions. In cases of errors or questions concerning transactions completed with Online Banking and or Bill Pay, do one of the following, as soon as possible:
a. Contact us in person at the main office or anyone of our branches during those offices normal office hours.
b. Telephone the Credit Union at (205) 930-5000 during the main office working hours.
c. Write to us to Legacy Community Federal Credit Union, P.O. Box 55377, Birmingham, AL 35255-5377
We must hear from you no later than 60 days after the first statement on which the error or problem appeared. Please include the following information:
For Bill Pay errors, also tell us:
• Checking account number used to pay the bill
• Payee name
• Date the payment was sent
• Confirmation number
• Payment amount
• Payee account number for the payment in question
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) 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 10 business days, we may provisionally not credit your account. An account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened.
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.
Miscellaneous Terms
In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Master Account Agreement you received when opening your account, as amended, and with all applicable State and Federal laws and regulations. The Credit union may amend or change this Agreement (including applicable fees and service charges) by sending you written notice by electronic mail or by regular mail sent to your address as it appears on your account records. You agree that the Credit union may also send you future notices and disclosures about your accounts with the Credit Union by electronic mail, where permitted by law. Any use of the Online Banking after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material, and to limit access to Online Banking Services for more recent revisions and updates.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
I have read the disclosure displayed and agree to the terms and conditions.
