Please read this Agreement carefully before accessing or using these services. By accessing or using these services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use these services.
This Agreement is the contract which covers your and our rights and responsibilities concerning Online Banking, e.Pay – Bill Pay service, and Mobile Banking services offered to you by Credit Union of Colorado. In this Agreement, the words “you” and “yours” mean those who access Online Banking, e.Pay – Bill Pay service, or Mobile Banking, any joint owners of accounts accessed under this Agreement, and any authorized users of the service. The words “we,” “us,” and “credit union” mean Credit Union of Colorado. The word “account” means any one or more share or loan accounts or any other accounts you have with the credit union. "Device" means a 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. "Mobile Banking" means the banking services accessible from the device.
By requesting and using the Online Banking, e.Pay, and Mobile Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments. In addition to the terms herein, you acknowledge the receipt and incorporation herein of the terms of your Membership and Account Agreement with the Credit Union, which shall also govern our relationship with you. To the extent that the terms of a specific provision in this Agreement vary from the terms set forth in the Membership and Account Agreement, the specific terms and conditions of this Agreement will govern our relationship with you with regard to the services specially described herein.
• Update your address and other contact information.
The credit union does not make any warranty, express or implied, to you regarding the Quicken or Money software programs including but not limited to any warranty of merchantability or fitness for a particular purpose.
2. Online Banking Service Limitations. The following limitations on Online Banking transactions may apply:
a. Transfers. Transactions in Online Banking and e.Pay are subject to the terms and limitations disclosed in the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. The daily dollar limit for transactions using Online Banking is $10,000 for internal transfers, $10,000 for check withdrawals, and $5,000 for external account transfers. E.pay bill payment transactions are limited to a maximum of $10,000 per payment. Your scheduled e.Pay (bill pay) payments will be refused if you have exceeded these limitations. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The credit union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our 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. All checks requested through Online Banking are payable to you as a primary member and will be mailed to your postal address of record. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option.
b. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy. Any transfer of funds after regular business hours will post to the account on the following business morning with an effective date of the date the transfer was made.
c. E-Mail. You may email us by clicking here. E-mail may not, however, be used to initiate a transfer on your account or a stop payment request. The credit union may not immediately receive E-mail communications that you send and the credit union will not take action based on E-mail requests until the credit union actually receives your message and has a reasonable opportunity to act. Upon receipt of your e-mail the credit union will notify you via email as to the status of your request within one business day. If you need to contact the credit union immediately regarding an unauthorized transaction or stop payment request, you may call the credit union at 303-832-4816 or 1-800-444-4816.
d. e.Pay - Bill Payment Service. The bill payment service allows you to pay bills out of a designated account on a one-time or periodic basis to payees that you designate subject to the limitations described below.
(i) “Send On” Date Vs. “Deliver By” Date. When scheduling a bill payment, note the difference between the “Send On” date and the “Deliver By” date. The “Send On” date is the date we will
attempt to deduct the payment amount from your designated account. If the attempted deduction fails because you did not have enough funds in your designated account, including courtesy pay and overdraft protection limits, we will not make the payment. If the second attempted deduction is not successful, the transaction will be cancelled and you will be responsible for rescheduling. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the “Deliver By” date will be one business day later.
If you schedule a payment with the “Send On” date as the current date, you must have adequate funds in your account at the time the payment is scheduled. The funds will be deducted shortly after you log out of the session. If you schedule a payment with the “Send On” date in the future, there must be adequate funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 4:00 pm Eastern Standard Time. The “Deliver By” date is the date that you can expect the payee to receive your payment. The “Deliver By” date for your payment should be no later than the due date the payee has indicated for the payment.
(ii) Payment Guarantee. If a properly scheduled payment is not received and posted on time by the payee, we will attempt to remove any late fees or assessed finance charges. (Finance charges are calculated based on your payment amount rather than your entire balance.) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to add a note of explanation to your account to ensure that the situation does not negatively impact your credit rating.
The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
a. The payment was scheduled to be delivered on or before the due date of your bill, excluding any grace periods.
b. The payment was not made to a prohibited payee (see below) or the following type of payee:
• Payments to payees located in the Armed Forces Postal Codes, such as AE & AP
• Payments to settle securities transactions
• Payments to pay off special or delayed financing for purchases
• Payments to credit counseling agencies who pay creditors on your behalf
c. The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records).
d. You had sufficient funds in your account during our first deduction attempt on the “Send On” date.
We will only be responsible for the direct fees or finance charges associated with the late payment. We will not be responsible for any other consequential damages that might arise from the late payment.
(iii) Prohibited Payees. We will not process payments on your behalf to payees meeting any of the following criteria:
• Designated by the Office of Foreign Asset Control as being a prohibited payee
• Having an address outside of the United States (except for APO)
• Court-ordered payments such as alimony, child support, speeding tickets, etc.
• Tax entities
• Collection agencies
If a payment to a prohibited payee is inadvertently processed, the payment guarantee outlined above does not apply to that payment, and we reserve the right to not process a payment to that payee in the future.
(iv) Cancelling Bill Payments. We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action.
You may cancel an outstanding bill payment at anytime through e.pay. Bill payments are considered outstanding until the “Send On” date.
You can cancel a “Recurring” transaction by verbal or written request no later than three (3) business days before the “Send On” date of the transaction by contacting us in person at any or our offices or by calling 303-832-4816 or 1-800-444-4816. If you call, we may also require you to put your request in writing and provide it to us within fourteen (14) days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream.
e. Inappropriate Transactions. You warrant and agree that you will not use any online banking or any other credit union accounts or services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Card Service Providers’ Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The credit union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the credit union’s control and that the credit union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the credit union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.
3. Mobile Banking Services: The following terms and conditions apply to the Mobile Banking service:
a. 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 account information, transfer funds, and conduct other banking transactions. To utilize the Mobile Banking service, you must be enrolled to use Online Banking.
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 also reserve the right to modify the scope of the service at any time.
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the 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. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
b. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use the service or your device.
c. Other Agreements. You agree that when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with the credit union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider 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 Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this service is also subject to the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
d. Permitted Mobile Banking Transfers. Transactions in Mobile Banking are subject to the terms and limitations disclosed in the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You may transfer or withdrawal up to the available balance in your account at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The credit union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our 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. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
e. You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
(i). Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. 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 Mobile Banking.
(ii). User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device
unattended while logged into Mobile Banking 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 Mobile Banking, 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.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
(iii). User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
(iv). No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
(v). Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the credit union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (i) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (ii) your violation of any law or rights of a third party; or (iii) your use, or use by a third party, of Mobile Banking.
4. Security of Access Codes. The personal identification number/password and username are the access codes that you select for your security. Your access codes are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized by you to sign on your accounts. If you authorize anyone to use your access codes, you understand that person may use the Online Banking or Mobile Banking service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access codes and you agree that the use of your access codes will have the same effect as your signature authorizing transactions.
If you authorize anyone to use your access codes that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the credit union and changing your access codes. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access codes are changed. If you fail to maintain or change the security of these access codes and the
credit union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
5. Member Liability. You are responsible for all transfers you authorize using the Online Banking and Mobile Banking services under this Agreement. If you permit other persons to use your access codes, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your access codes and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Online Banking and Mobile Banking transactions, your maximum liability for unauthorized use may be up to $500. If your statement shows transfers that you did not make, including those made by access codes or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods.
6. Business Days. Our business days are Monday through Friday excluding Holidays.
7. Fees and Charges. There are certain charges for services as set forth below. From time to time, the charges may be changed. We will notify you of any changes as required by law.
a. There is no monthly fee for the Online Banking service.
b. There is no monthly fee for the e.Pay Bill Pay Service, which includes 15 free bill payments each month.
c. There is a $0.40 transaction fee for each bill payment in excess of 15 each month.
d. A $25 e.Pay Non-Sufficient Funds Fee will be charged after two attempts to make a payment (1 attempt = 1 business day).
e. A stop payment fee of $20 will be charged per request.
f. A $25 Courtesy Pay fee will be charged for each payment made using your Courtesy Pay limit.
8. Transaction Documentation. Transfers and withdrawals transacted through Online Banking and Mobile Banking will be recorded on your periodic statement. You will receive a statement for any month in which you have Online Banking or Mobile Banking transactions.
b. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
c. To comply with government agencies or court orders; or
d. If you give us your written permission.
10. Limitation of Liability for Online Banking Services. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error and in no case will we be liable for any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The credit union will not be liable for the following:
a. If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, if funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability policy, or the transfer would exceed the credit limit on your line of credit.
b. If you used the wrong password or you have not properly followed computer instructions or the instructions in the e.Pay Information link for making transfers and e.Pay transactions.
c. If your access codes have been reported lost or stolen.
d. If your computer fails or malfunctions or the phone lines or credit union computer system was not properly working and such problem should have been apparent when you attempted such transaction.
e. If circumstances beyond our control (such as fire, flood, power failure, or computer or telephone system malfunction) prevent the transaction, despite reasonable precautions we have taken.
f. If the funds in your account are subject to an administrative hold, legal process, or other claim.
g. If funds in your account are pledged as collateral or frozen because of a delinquent loan.
h. If the electronic transfer is not completed as a result of your willful negligent use of your access codes, or any EFT facility for making such transfers.
i. If you have not given the credit union complete, correct and current instructions so the credit union can process a transfer.
j. If, through no fault of ours, an e.Pay transaction or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
k. If the error was caused by a system beyond the credit union’s control such as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by the credit union.
l. If our computer system or equipment does not receive the commands you sent from the computer workstation you used to transmit instructions.
m. If you transfer funds to a wrong account and we are not able to recover the funds for you.
n. If the system is unavailable due to a maintenance shutdown.
o. If your access codes (username and password) have been “locked out” and you have been denied access because of too many invalid log-in attempts on your account.
p. If there are other exceptions as established by the credit union.
11. Termination of Online Banking and Mobile Banking Services. You agree that we may terminate this Agreement and your Online Banking or Mobile Banking services if you, or any authorized user of your Online Banking or Mobile Banking services or access codes, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or access codes. In addition, we reserve the right to terminate the service if you fail to use the service for more than six months.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
12. Notices. The credit union reserves the right to change the terms and conditions upon which these services are offered. The credit union will notify you at least thirty (30) days before the effective date of any change, as required by law. Any change in terms will also be published online for your acceptance, prior to log on for Online Banking.
13. Statement Errors. In case of errors or questions about your transactions, contact us by: telephone at 303-832-4816 or 1-800-444-4816; sending us an e-mail; or writing us at Credit Union of Colorado, 1390 Logan Street, Denver, CO 80203, as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
· Tell us your name and account number.
· Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
· Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten
(10) business days.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If you give notice of an error that occurred on a new account (within thirty (30) days after you make the first deposit to your account), or a transaction initiated outside the United States we will have ninety (90) business days to investigate. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members’ rights to privacy) relied upon to conclude that the error did not occur.
14. Enforcement. You agree to be liable to the credit union for any liability, loss, or expense as provided in this Agreement that the credit union incurs as a result of any dispute involving your accounts or services. You authorize the credit union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Colorado as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Colorado law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provisions may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.