Chartway Online Banking Terms And Condition

Transcription

Annual Online BankingTerms and ConditionsEffective 07/01/2020Scroll to review and accept

Table of ContentsWelcome to Chartway Online Banking . 1Authorization. 2Agreement to Use Electronic Signatures . 2Online Service Disclosure . 3Account Access. 3Internet and Mobile Banking Transfers: . 3Transaction Limitations . 3Fees and Charges . 3Confidentially . 3Documentation . 3Business Days . 3Preauthorized Payments . 4Credit Union Information: . 5External Transfers Service Agreement . 6Person-to-Person Service Agreement. 7E-Signature and Electronic Disclosure . 7Agreement to Conduct Transactions by Electronic Means . 7Availability of Printed Copies . 7Contact Information . 7Hardware, Software and Operating System . 7Terms of Use for the Service (“Terms of Use”) . 8Definitions. . 8Description of Service and Consent . 8Transfers . 9Recipient Acknowledgment . 10Fees and Limitations on Transfers . 10Timing of Transfers . 10Issues Affecting the Posting of Transfers . 11Security . 11Cookies, Browser Information and Related Issues . 11Access to Information about You . 12Amendments . 12Limitations of Warranties . 12Limitation on Liability . 12Limitation on Damages. 13Time for Making a Claim . 13Indemnification . 13Severability . 13Contacting Us. 13Disclosure Access . 13Remote Deposit Capture Terms and Conditions . 14Agreement . 14Rules, Laws and Regulations . 14Definitions . 14Authorized Users. 14Services and Funds Availability . 15Prohibited Checks . 15

Access . 15Equipment or System Failure . 15Transmission Deadlines . 15Security . 16Deposit of Original Checks . 16Check Retention Period . 16Image Quality . 16Adjustments . 16Termination . 16Bill Pay Service Disclosure and Agreement . 17Set Up Payees / Payments. 17Bill Pay Process . 17Liability . 17Recurring Payment . 18Amendment and Termination . 18Fees . 18

Welcome to Chartway Online BankingCarefully review these agreements, disclosures, terms and conditions contained in this agreement (collectively,“Agreement”). They govern your use of the online banking services (collectively, “Online Banking Services” or“Services”) offered by Chartway Federal Credit Union (“Chartway,” “Credit Union” or “us”). All disclosures relatedto the Online Banking Services can also be found on Chartway’s website, www.chartway.com. The use of theOnline Banking Services is subject to Regulation E, which establishes the rights, liabilities and responsibilities ofconsumers and the financial institutions with which they conduct business. Please review Chartway’s SecurityStatement and the brochure titled “Conducting Your Transactions Online” to understand how Chartway protectsyour information as well as your responsibilities when conducting transactions online. Any capitalized term used,but not defined, in this Agreement shall have the meaning given that term in the Online Banking ServicesAgreement signed by you when opening your account or in any amendments thereto.1

AuthorizationAgreement to Use Electronic SignaturesBy checking the “I accept the terms of service” check box, you are electronically signing and agreeing as follows:(a)You agree to abide by the terms and conditions of this Agreement.(b)You agree that any acceptance or electronic signature that you provide through this online processis valid and enforceable as your legal signature.(c)You agree that any electronic signature will legally bind you to the terms and conditions containedin whatever document you are electronically signing just as if you had physically signed the samedocuments with a pen.(d)You agree to receive all legal and regulatory notices, disclosures and other communicationsassociated with your registration or use of these Services through electronic means including webbased electronic interface, mobile phone interface or email.(e)You agree that Chartway may amend this Agreement or any other disclosures at any time byposting a revised version on Chartway’s website. The revised version will be effective immediatelyat the time it is posted, unless a delayed effective date is expressly stated therein. Chartway alsomay provide you with an email notification of such amendments. Chartway may require you toaffirmatively acknowledge or accept the revised Agreement to continue using the Services. Anyuse of the Service after a notice of change (whether by website posting, email, or expressacknowledgment or acceptance) will constitute your express agreement to such changes.You have previously opened a deposit account or credit account with Chartway in accordance with Chartway’sapplicable account documents. You are now applying to access your Chartway account through Chartway’s OnlineBanking Services. You also have the option to apply to use Chartway’s online electronic bill payment service (“BillPayment Service”). You represent and warrant to Chartway that all action has been taken as required by theorganizational documents of Member, if any, and applicable law to authorize you to use the Online Banking Servicesand the Bill Payment Service. If Chartway requests, you agree to provide written confirmation to Chartwayevidencing this authorization.You understand, acknowledge and agree as follows:(a)The terms of this Agreement regulate and govern your usage of the Online Banking Services andthe Bill Payment Service.(b)You authorize Chartway to rely on instructions received in or through the Online Banking Servicesassociated with your account number and accessed by your online banking identification (“OnlineBanking ID”) and password (“Password”). Registration of your Online Banking ID and Password isdiscussed in more detail below.(c)If your Online Banking ID and Password are used to access the Online Banking Services, thenChartway has no obligation to inquire into the identity of the person using the Online BankingServices.(d)You are solely responsible for safeguarding your Online Banking ID and Password.(e)Disclosure of your Online Banking ID and Password will or might give someone other than you theauthority to perform transactions related to your account, including access to the Bill PaymentService. It is best practice to safeguard your Online Banking ID and Password.(f)You expressly authorize Chartway to debit your account in the amount of any transaction initiatedthrough the Online Banking Services. When Chartway is directed to transfer funds or makepayments on your behalf, you are authorizing Chartway to withdraw from the designated accountthe amount of funds required to complete the transaction specified in the request.(g)You expressly authorize Chartway to grant requests for new account Services and to followinstructions provided to change existing account information or Services, when initiated throughthe Online Banking Services.You may terminate your access to the Online Banking Services at any time by providing advance written noticeto Chartway. Chartway may terminate your access to the Online Banking Services at any time if Chartway, in itssole discretion, believes the Online Banking Services are being used in a manner inconsistent with thisAgreement.2

Online Service DisclosureThe information and disclosures in this Agreement are made to comply with the requirements of (a) the ElectronicFunds Transfer Act (“Act”) and (b) Regulation E, issued by the Federal Reserve (this Regulation together with theAct, “EFT Laws”). The EFT Laws establish the basic rights, liabilities and responsibilities of consumers who useelectronic fund transfer services and of the financial institutions providing such services. The information anddisclosures in this Agreement cover the Online Banking Services and Bill Payment Service offered by Chartway.This Agreement restates and replaces in their entirety all documents containing disclosures, terms or conditionsthat have been provided by Chartway to you for any Online Banking Services, Bill Payment Service or relatedservices.Account AccessInternet and Mobile Banking Transfers: You will create and register an Online Banking ID and a Password that areunique to you. You may access your account(s) by using your Online Banking ID and Password to log in to theChartway website on a desktop computer or a mobile device to conduct the following transactions online:(a)Transfer funds from savings or checking accounts to loan or other share accounts.(b)Make payments from checking accounts to third parties using the Bill Payment Service.(c)Obtain loan and other share account balances and information.(d)Obtain an advance on an approved line of credit.Transaction Limitations: Chartway does not limit the number of Online Banking Services or Bill Payment Servicetransactions that may be conducted, but your ability to initiate transfers or conduct transactions may be limited byRegulation D (as provided in more detail below), the EFT Laws or other applicable laws. Applicable accounts mustmaintain sufficient funds at all times to complete all transactions. For security purposes, Chartway may impose amaximum dollar amount for certain withdrawals and transfers. You agree that Chartway may treat any transactionfrom a deposit account the same as a duly executed written withdrawal, transfer or check and that Chartway maytreat any such transaction to a deposit account the same as a deposit, all in accordance with the terms of thisAgreement and any deposit agreement between you and Chartway.Fees and Charges: Although Chartway does not charge a fee for use of the Online Banking Services, certainrequests available through the Online Banking Services may have associated fees and charges. These chargesare set forth on the Rate and Fee Schedule, as from time to time in effect. You may obtain a copy of the Rate andFee Schedule by viewing the Disclosure of Account Fees located on www.chartway.com. Copies of the Rate andFee Schedule also are available in all branch offices. The Rate and Fee Schedule is subject to change at any timeand Chartway will provide notification of such changes to you in accordance with applicable law. You herebyauthorize Chartway to automatically debit your account(s) as and when such fees become due and payable. Youunderstand that you are directly responsible for all costs associated with the establishment and ongoingmaintenance of the Online Banking Services.Confidentially: Chartway may disclose certain information to third parties about your account or the transactionsyou conduct in the following circumstances:(a)To complete the transaction.(b)To verify the existence and condition of an account for a third party (i.e., a credit bureau ormerchant).(c)To comply with a state, local or federal government agency, mandate or court order.(d)With your written permission.(e)In New Jersey, in our sole discretion, as permitted by applicable New Jersey law that provides forthe release of account information pertaining to actual or suspected illegal activities.Documentation: Chartway sends paper or electronic statements for each account each month in which electronictransaction are initiated or accounts have activity. When there is no account activity, Chartway provides quarterlystatements.Business Days: For purposes of these Terms and Conditions, Chartway’s “business days” are Monday throughFriday, except those holidays, and any other days, on which Chartway is closed for business.3

Preauthorized PaymentsStop Payment Procedure: You may request a stop payment on previously scheduled regular payments by oneor more of the following methods (each a “Stop Payment Request”): (a) submitting a request through the OnlineBanking Services; (b) calling Chartway at the number listed in this Agreement; or (c) sending a written requestto Chartway at the address listed in this Agreement. All such requests must be received by Chartway at leastthree (3) business days before the scheduled payment is to be made. Please note that for Stop PaymentRequests made over the phone or through the Online Banking Services, Chartway may also require a requestbe made in writing within fourteen (14) days after the Stop Payment Request was made over the phone orthrough the Online Banking Services. Chartway may, in its sole discretion, charge a fee for each Stop PaymentRequest received. Such charges are shown on the Rate and Fee Schedule.Liability for failure to stop payment of preauthorized transfer: Chartway shall not be liable for any loss, damage,fee or cost associated with any Stop Payment Request that is not received by Chartway at least three (3)business days before the transfer is scheduled to be made.Notice of varying amounts: If regularly scheduled payments vary in amount, you must advise Chartway at leastten (10) days prior to date on which each payment is to be made of the amount of each payment. Alternatively,you can set up your account to automatically make such regularly scheduled payments and only notify you whenthe amount of a payment exceeds a limit set by you.Consumer Liability: You must notify Chartway immediately if you believe your Online Banking ID or Passwordhas been, or may have been, lost, stolen, used or may be used without your authority (each, a “Loss”). Youshould immediately change your Online Banking ID and Password. In the event of notification by phone,Chartway may require follow-up notice in writing by U.S. Mail or electronic mail at the addresses in thisAgreement. Note that it is of utmost importance that you notify Chartway as soon as possible to minimize therisk of losing funds in your accounts.If you notify Chartway within two (2) business days after a Loss, you will be liable for only the first 50.00 lost ineach such Loss. If you do not notify Chartway within two (2) business days after a Loss, then you could lose asmuch as 500.Credit Union Liability: Chartway will correct any error made in crediting or debiting any account by making theappropriate adjustment to your account balance. You agree to repay promptly on demand any amount creditedto your account in error, and you authorize Chartway to initiate a debit transfer to any account to obtain paymentof any erroneous credit. Chartway shall not be liable in any of the following instances:(a)If, through no fault of Chartway, you do not have enough money in your account to make thetransfer.(b)If you have an overdraft line and the transfer would go over the credit limit.(c)If the automated teller machine where you are making the transfer does not have enough cash.(d)If the terminal or system was not working properly and you knew about the breakdown when youstarted the transfer.(e)If circumstances beyond Chartway’s control (such as fire or flood) prevent the transfer, despitereasonable precautions that we have taken.(f)If the funds in your account are subject to legal process such as garnishment or attachment, or ifthe account is subject to a pledge or security agreement.(g)If the transfer would go over the credit limit on your line of credit.(h)Any other exceptions stated in our agreement with you.4

Error Resolution Notices: You must notify Chartway immediately if your statement shows a transfer that you didnot authorize or if you have a question about a particular charge (each, an “Unauthorized Charge”), but in noinstance later than sixty (60) days after the date of the statement on which the Unauthorized Charge first appears.If you do not notify Chartway within that 60-day period, you may be responsible for all such Losses incurred afterthe 60-day period. In the case of all suspected Unauthorized Charges, you must take the following steps:(a)Provide your name and account number to Chartway.(b)Describe the Unauthorized Charge and explain why you believe it is an error.(c)Provide the dollar amount of the Unauthorized Charge.(d)If you provide notice by phone, Chartway may require that you also provide notice in writing withinten (10) business days of the initial notice. In the case of a request for reimbursement for anUnauthorized Charge, you agree to provide Chartway with an affidavit on Chartway’s standard formor some other form approved in advance by Chartway describing the nature of the loss.(e)Within ten (10) business days (or within five [5] business days for Visa -branded Debit Card pointof-sale transactions processed by Visa or within twenty [20] business days if the transfer involveda new account) (“Original Time Frame”) of receipt of notice of the Unauthorized Charge, Chartwaywill make a determination as to whether an error occurred. Notwithstanding the precedingsentence, Chartway may take up to 45 days (90 days if the transfer involved a new account, apoint-of-sale transaction, or a foreign-initiated transfer) to investigate your Unauthorized Charge,complaint or question. If Chartway takes more than the Original Time Frame, Chartway will credityour account within ten (10) business days (or within five [5] business days for Visa -branded DebitCard point-of-sale transactions processed by Visa or within twenty [20] business days if the transferinvolved a new account) for the amount you think is in error, so that you will have the use of themoney during the time it takes Chartway to complete its investigation of the Unauthorized Charge.Chartway is not responsible for crediting accounts when notice is not provided in writing within ten(10) business days of Chartway’s request for such notice to be in writing. Your account isconsidered a new account for the first 30 days after the first deposit is made, unless you alreadyhave an established account with Chartway before this account was opened.(f)Chartway will advise you of the results of its investigation within three (3) business days aftercompleting its investigation. If Chartway determines that there was no error, Chartway will providea written explanation for its determination.Credit Union Information:Chartway Federal Credit Union5700 Cleveland StreetVirginia Beach, VA 23462Phone: 1-800-678-8765www.chartway.comRegulation D: Under Regulation D, no more than six (6) transfers, withdrawals or a combination of the two maybe made from a savings account to another account at Chartway or to a third party by certain methods during acalendar month (“Reg D Savings Account Limit”). The following transfers from a savings account count towardthe Reg D Savings Account Limit:(a)Instructions received through the Online Banking Services to transfer funds to another account.(b)Telephone requests taken by any employee to transfer funds to another account.(c)Instructions received through our voice response system to transfer funds to another account.(d)Transfers to cover overdrafts in your checking account.(e)Transfers to cover ACH debits that overdraft the checking account.(f)Pre-authorized or automatic transfers to a third party (including ACH debits).The following transfers from a savings account do not count toward the Reg D Savings Account Limit:(a)Requests that are received by mail or messenger.(b)Requests that are made in person at a branch office.(c)Transfers made at an ATM.(d)Transfers that are made for the purpose of repaying a loan.5

External Transfers Service AgreementOne of the Online Banking Services that Chartway offers to Members is the External Transfer Service (“ETService”). The ET Service allows you to transfer funds between your linked personal deposit accounts at Chartwayand certain deposit accounts at other financial institutions (individually and collectively, whether one or more, “FI”).An inbound transfer moves funds into an account at Chartway from an account at another FI and an outboundtransfer moves funds from an account at Chartway to an account at another FI. To utilize the ET Service, you mustenroll each FI account that you wish to use for the ET Service. You represent and warrant that you will only enrollaccounts for which you have the authority to transfer funds. All accounts requested to be used as part of the ETService will be verified in accordance with Chartway’s internal procedures. The application and verification processmust be completed prior to you using the ET Service. You must complete the verification process within five (5)days after enrolling an account. Verification instructions are provided to you during the enrollment process.Funds requested to be transferred will be debited or credited, as applicable, to your Chartway account on thebusiness day following the day you initiate the transfer, provided that you have met the FI’s cutoff time for submittingsuch transfers. In the case of a future dated or recurring transfer, these time limits will be the business day followingthe scheduled date of the transfer. The cutoff time for initiating transfers is 5:00 pm Eastern Time. Funds requestedto be transferred will be debited or credited, as applicable, to the FI account according to the receiving FI’savailability and transaction processing schedule.Requests for immediate transfers of funds cannot be canceled or rescinded. Future dated and recurring transferscan be canceled by 4:00pm ET the business day prior to the scheduled transfer date. If the transfer status is “InProcess,” “Pending,” or “Processed,” the transfer cannot be altered, canceled or rescinded. There currently are nofees for the ET Service, but Chartway reserves the right to change or add fees for the ET Service at any time.Transfers are subject to the following limits unless other limits are agreed to by you and Chartway:(a)Five inbound and/or outbound external transfers per login/per day not to exceed a total of 3,000daily, and 10 inbound and/or outbound eternal transfers per login/per month not to exceed a totalof 10,000 monthly.The above limits apply to the total of all External Transfers of a specific type for all accounts enrolled in the ETService. We may change your dollar limits and transfer limits at any time.If your Chartway account does not have available funds to accommodate the requested transfers, the Micro Deposit(used for account validation), insufficient fund (NSF) or similar charge may be imposed. You agree that Chartwayis not responsible for negative account balances and that you will not be reimbursed for any NSF fees or similarcharge from Chartway or any FI.6

Person-to-Person Service AgreementE-Signature and Electronic DisclosureYou agree to use Chartway’s PERSON-TO-PERSON service powered by Acculynk that allows you to send fundsto another person.This Person-to-Person Service Agreement and E-Signature and Electronic Disclosure (“E-Sign Agreement”) appliesto all communications, documents, disclosures and electronic signatures related to the products, services andtransfers offered or accessible through the Service offered by Chartway for all cardholders, authorized users,account owners, account signers, applicants, and any other person using this Service as a Sender or Recipient orregisterin

applicable account documents. You are now applying to access your Chartway account through Chartway' s Online Banking Services. You also have the option to apply to use Chartway's online electronic bill payment service ("Bill Payment Service"). You represent and warrant to Chartway that all action has been taken as required by the