Digital Banking Agreement

Digital Banking Agreement

1. Introduction

This Agreement is the contract which covers your and our rights and responsibilities concerning the Online and Mobile banking and Bill Pay bill payment services offered to you by Providence Federal Credit Union. In this Agreement, the words you and yours mean those who submit a paper or Online and Mobile Authorization form and any authorized user. The word account means any one or more share accounts you have with the Credit Union. 

By submitting the authorization for the Online and Mobile Banking service or by accepting or using the password to make any Online and Mobile Banking transactions, you agree to the following term governing your and our rights and responsibilities concerning Online and Mobile electronic funds transfer services. Electronic funds transfers (EFTs) are electronically initiated transactions through Online and Mobile Banking Online and Mobile services involving your deposit accounts. 

2. Online and Mobile Banking Services

Upon approval, you may use your personal computer or mobile device(s) to access your accounts. You must use your username and your password to access your accounts. The Online and Mobile Banking service is accessible seven (7) days a week, 24 hours a day. However, from time to time, some or all of the Online and Mobile Banking services may not be available due to system maintenance. You will need a personal computer and a web browser (such as Google Chrome or Microsoft Edge). For Mobile, you will need an iPhone or Android mobile device. You are responsible for the installation, maintenance and operation of your computer or device. The Credit Union will not be responsible for any errors or failure involving your computer or device. At the present time, you may use the Online and Mobile Banking service to: 

• Transfer funds to internal and external accounts 
• Review account balance, and transaction history 
• Review information on your loan account(s) 
• Make Bill Pay bill payments from your Checking account
• Request a withdrawal from any eligible Share or Checking account by check mailed to you
• Download account information to Quicken   
• Communicate with the Credit Union using the Secure Message Center
• Order checks  
• Setup eAlert notifications

Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable. 

3. Online and Mobile Banking Service Limitations

The following limitations on Online and Mobile Banking transactions may apply: 

     a. Share to Share Transfers. You may make share transfers to your other accounts as often as you like. 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. All checks are payable to you as primary member and will be mailed to your postal address of record. The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits. 

     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. 

     c. Secure Message Center. You may use the secure message center to send messages to us. The message may not, however, be used to initiate a transfer or stop payment order on your account. The Credit Union may not immediately receive messages that you send and the Credit Union will not take action based on requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 5. 

     d. Bill Pay Service. When you apply for the Bill Pay service you must designate your Checking account as the account from which payments that you authorize will be deducted. You will be given the ability to set up merchants, institutions or individuals that you would like to pay. You are not permitted to designate governmental agencies or courts. We reserve the right to not allow the designation of a particular merchant or institution.

You or any persons who you have authorized to use your Online and Mobile Banking Service can perform the following transactions:  

4. Password 

     
a. Initial Access. You must register to use the Online and Mobile Banking service. To log‐on to the Online and Mobile Banking Service, you must use your username and password.

b. Password. The password that you select is for your security purposes. The password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping of your password. You agree not to disclose or otherwise make your password available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your password, you understand that person may use the Online and 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 password and you agree that the use of your password will have the same effect as your signature authorizing transactions.

c. Authorization. If you authorize anyone to use your password in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your password immediately. 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 password is changed. If you fail to maintain or change the security of your password 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 and Mobile Banking services under this Agreement. If you permit other persons to use your password, 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 password and accessed your accounts without your authority. For Online and Mobile Banking transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that 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 Online and Mobile Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized Online and Mobile Banking or Bill Pay transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods. 

If you believe your security code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (503) 215‐6090.  Or contact us electronically by sending a secure message through the Online and Mobile Banking service. You can also write to us at: 

6. Business Days

Our business days are Monday through Friday. Holidays are not included. 

7. Fees and Charges

There are certain charges for Online and Mobile Banking 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. The Online and Mobile Banking service fee is free to members. 

     b. Bill Pay Service is free. 

8. Transaction Documentation

Transfers and withdrawals transacted through Online and Mobile Banking will be recorded on your periodic statement which will be sent by mail or electronically if you have requested an electronic statement. You will receive a statement monthly. You may request that your statement be provided electronically. 

9. Account Information Disclosure

We will maintain the confidentiality and privacy of your electronic funds transaction information in accordance with our privacy policy as stated on our website at: providencecu.org. However, We will disclose electronic funds transfer information to third parties about your account or the transfers you make in the following limited circumstances: 

a. As necessary to complete transfers; 

b. To verify the existence of sufficient funds to cover specific electronic transactions upon the request of a third party merchant as allowed by law; 

c. To comply with government agency or court orders; 

d. If you give us your express permission. 

10. Limitation of Liability for Online and Mobile 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 will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union, or by the Internet browser providers, or by Internet access providers or by Online and Mobile service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online and Mobile Banking services and Bill Pay services, or Internet browser or access software. In this regard, although we have taken measure to provide security for communications from you to us via the Online and Mobile Banking and Bill Pay Services and may have referred to such communication as secured, we cannot and do not provide any warranty or guarantee of such security. 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, or the transfer would go over the credit limit on your line of credit, if applicable. 

b. If you used the wrong password or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and Bill Pay transactions. 

c. 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. 

d. If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction. 

e. If the funds in your account are subject to an administrative hold, legal process or other claim. 

f. If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer. 

g. If, through no fault of ours, a Bill Pay 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. 

h. 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 Credit Union. 

i. If there are other exceptions as established by the Credit Union. 

11. Termination of Online and Mobile Banking Services

You agree that we may terminate this Agreement and your Online and Mobile Banking services, if you, or any authorized user of your Online and Mobile Banking services or password 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 if you conduct or attempt to conduct any fraudulent, illegal or unlawful transaction, or if we reasonably believe your account conduct poses an undue risk of illegality or unlawfulness. 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 this service is offered. The Credit Union will notify you at least twenty‐one (21) days before the effective date of any change, as required by law. This means we will mail you notice or if you have consented to electronic disclosures, we will send it to the e‐mail address you have designated. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations. 

13. Statement Errors

In case of errors or questions about your Online and Mobile Banking transactions, contact us by: telephone at the phone numbers, send us an e‐mail, or write us at the address set forth in Section 5, 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. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty‐five (45) calendar days to investigate your complaint or question ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re‐credit your account within ten (10) business days 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 ten (10) business days, we may not credit your account. 

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. Other General Terms 

     
a. Other Agreements. In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to your relationship with the Credit Union, as described in your Membership and Account Agreement, prior receipt of which you acknowledge. 

b. Severability. In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement. 

15. 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 Oregon 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 Oregon 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 provision 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.