DIGITAL BANKING ACCESS AGREEMENT
This Digital Banking Access Agreement ("Agreement") is a contract that governs your ability to receive certain online and mobile banking services collectively called “Digital Banking” services provided by Guardian Credit Union (the “Credit Union”).
In this Agreement, the words “you”, “your”, and “yours” mean those who request and use the Credit Union’s Digital Banking service, including any joint owners of accounts accessed under the Agreement and any person authorized by you. The words “we”, “us”, and “our” mean the Credit Union. The word “account” means any one or more accounts you have with us. By using any Digital Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
The terms of this Agreement are in addition to the terms of any share account agreements you have with us, including the Membership and Account Agreement, and any change in terms notices. In the event of a conflict, the terms of this Agreement control.
SECTION I – SERVICE DESCRIPTION, FEATURES, FEES, AND LIMITATIONS
Digital Banking
The Digital Banking service allows you to perform activities on eligible accounts including:
- • Review balances, activities, and recent transactions.
- • Transfer funds among eligible accounts.
- • Communicate with us via secure messages.
- • Place a stop payment request on your checks.
- • Pay Bills through the separate bill payment service.
- • Submit a share account application.
- • Submit a loan application.
Some Digital Banking services or features may not be available for certain accounts. Digital Banking functionality may differ when accessed by a desktop or laptop computer, versus a mobile device or the mobile application.
Transfer Limitations
Transfers out of your savings and money market savings accounts may be limited by federal law. Under these regulations, preauthorized electronic funds transfers, online bill payments, and bill payments from a savings or money market account could be limited to a total of six (6) in any one month.
We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or exceed applicable transfer limitations. Please contact the Credit Union if you are interested in offered Courtesy Pay services.
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 an ATM transaction and our Funds Availability Policy.
Email We may not immediately receive email communications and secure messages you send and we will not take action based on email or secure message requests until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may telephone us at 334-244-9999.
Bill Payment Service
See the separate Bill Pay Service Agreement.
External Transfers
External transfers for which the Credit Union is either the receiving or originating financial institution are subject to limitations. You may not exceed $5,000 daily, $15,000 weekly, and $50,000 monthly, respectively, in external outgoing or incoming transfers in a thirty (30) day period. This is subject to change. During the first thirty (30) days after a new membership account is opened, external transfers will not be available. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, exceed applicable transfer limitations, or otherwise require us to increase our required reserve on the account. Information about the processing time for your external transfer is available when you set up the transfer.
Internet Email Notifications It is important to keep a current Internet email address on file with us, as we use this to communicate important security events about your account to you, such as:
- • Password changes.
- • User ID changes.
- • Internet email address changes (sent to old and new addresses).
Service Termination We may terminate your participation in Digital Banking for any reason, at any time without notice or refund of fees you have paid. We will attempt to notify you in advance, but we are not obligated to do so. Termination will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Fees Refer to the Schedule of Fees for any charges. From time to time the charges may be changed. We will notify you of any changes as required by law.
Periodic Statements Transfers and withdrawals conducted through Digital Banking will be included on your periodic statement. You will receive a statement each month for which there are transactions on your account. In any case, you will receive a statement at least quarterly.
Provisions Applicable Only To Business Accounts
Digital Banking may only be requested and used by the owner(s) of the business. At the Credit Union’s discretion access for additional users may be available upon request. Because you are a business customer, the provisions in Section III of this Agreement do not apply to you. The business customer is responsible for any and all transactions, whether authorized or not.
Additional Provisions Applicable to Mobile Banking
The term “Mobile Device” means a cellular telephone or similar wireless communication device onto which you have downloaded software provided by us (“Mobile Banking Software”) for the purpose of permitting Mobile Banking.
You may determine which Mobile Banking functions are available for Mobile Devices at any time by logging into Mobile Banking. Mobile Banking functions (e.g., viewing balances, searching for transactions, viewing transactions, specific types of funds transfers, and remote deposit capture if selected by you and approved by the Credit Union), may be added, reduced or modified by us from time to time without prior notice. We may also modify, reduce or expand the geographic areas in which we offer Mobile Banking or any of its functions or services. We reserve the right to refuse to make any transaction you request through Mobile Banking. Not all functions that are described in this Agreement or available at the Digital Banking website may be available with Mobile Banking software.
Mobile Banking users will be required to download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk. In connection with your use of the Mobile Banking software systems and programs, we and our licensors (or other third-parties who have directly or indirectly granted rights in those software systems and programs with respect to Mobile Banking) will require you to agree to the terms and conditions of certain license rights arrangements and/or “end user” license agreements. By subscribing to the portions of the Mobile Banking services relating to those software systems and programs and downloading and installing those software systems and programs, you will be evidencing your
acceptance of the terms and conditions of those arrangements and agreements. We may also condition your use of some or all of those software rights and programs on your execution of, agreement to or acknowledgment of, such arrangements and agreements through the use of “I Accept” dialogue box acknowledgements or other affirmative or use-based acknowledgement and agreement systems. We and our service providers (which includes, without limitation, any third-party provider of software used in connection with Mobile Banking) reserve all rights not granted to you in this Agreement and under the terms of those arrangements and agreements. If you obtain a different Mobile Device, you will be required to download and install the software to that different Mobile Device under the same terms set forth in this Agreement. You agree to delete all such software from your Mobile Device promptly if the license rights granted in this Agreement terminate for any reason. We reserve the right to change, add to or terminate services with our third-party software solutions partners, to substitute different software solutions for the software relating to the operation of Mobile Banking and to enter into arrangements and agreements for the provision of software solutions for Mobile Banking with other licensors and third-parties.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING. MOBILE BANKING AND SUCH SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS.
YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
SECTION II – WARRANTIES AND RESPONSIBILITIES
Member Responsibilities And Warranties
Security. You are responsible for keeping your user ID, password, and account data confidential. You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. We are entitled to act on transaction instructions received through your user ID and password. If you authorize anyone to use your password, that authority shall continue until you specifically revoke such authority by notifying us in writing. If you fail to maintain the security of your personal identification number (PIN) or password and we suffer a loss, we may terminate your Digital Banking services immediately.
You are responsible for all transactions that you, and any other persons you have authorized, conduct on any of your accounts.
LIMITS OF OUR RESPONSIBILITIES
EXCEPT AS EXPRESSLY SET FORTH ON OUR WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE DIGITAL BANKING, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy and Security
You can see a full description of our privacy policies by clicking on the “Privacy Policy” links on the login page for the Digital Banking service. We have multiple levels of security that have been designed especially for us, and all of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information.
Changes in Terms and Notices We reserve the right to change the terms and conditions upon which this service is offered. We may add, delete or amend terms, conditions, and other provisions, fees, charges, or other terms described in this Agreement. Use of the
Digital Banking service is subject to existing terms and regulations governing your accounts and any future changes to those terms and or regulations.
Assignment We reserve the right to assign our rights and delegate our duties under this Agreement to a company affiliated with us or any other company.
Arbitration Except as expressly provided below or otherwise prohibited by law, either you or we may elect, without the other’s consent, to require that any dispute between us concerning or related to, directly or indirectly, your account(s), any service related to your account(s), and/or any service provided by the Credit Union whatsoever, including but not limited to loan account(s), any solicitation, change or cost, collection of amounts due, recovery of collateral, statements, representations, be resolved by binding arbitration. You further agree that any such arbitration shall take place in Montgomery County, Alabama. Judgment upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This agreement to arbitrate shall include any claim involving, but not limited to, our officers, directors, employees, agents, representatives, contractors, subcontracts, parent, subsidiaries, affiliates, successor, and assigns. No provision of this Agreement, nor the exercise of any right under this Agreement, shall waive the arbitration requirement or limit our right to: (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order from a court having jurisdiction before, during, or after the pendency of any arbitration; (2) exercise self-help remedies, such as set-off; (3) evict, foreclose against or sell any real or personal property collateral by the exercise of a power of sale under a mortgage or other security agreement or instrument, a deed of trust, or applicable law; (4) exercise any other rights under this agreement upon the breach of any term or condition herein; or, (5) to proceed with collection of an account through all other legal methods, including, but not limited to, proceeding in court to obtain judgment. As a matter of example, if we elect to pursue a judgment utilizing the court system and you file a counterclaim, any such counterclaim will be controlled by this agreement to arbitrate.
The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the below class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contrary.
The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs of the arbitration for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails. Any and all arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, regardless of when the claim or cause of action arose or accrued, or when the allegations or facts underlying the claim or cause of action occurred. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED.
SECTION III – ERRORS / CORRECTIONS / CLAIMS
Unauthorized Access/Transfers
Notify us AT ONCE if you believe your password has been lost or stolen or if you believe someone has scheduled transfers or may schedule transfers or otherwise use your account without your permission. Telephoning us at (334) 244-9999 or (800) 239-7366 promptly is the best way to protect yourself from possible losses.
If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within two (2) business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Error Reporting Process
In Case of Errors or Questions About Your Electronic Transfers Telephone us at (334) 244-9999 or (800) 239-7366 or Write us at Guardian Credit Union, 418 Madison Avenue Montgomery, AL 36104 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
In your communication of the potential error or question,
- • Tell us your name and the account number of the Account to which the error relates.
- • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in 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 determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) 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 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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.