ONLINE ACCESS AGREEMENT AND DISCLOSURE
This Agreement and Disclosure ("Agreement") is the contract which covers your and our rights and responsibilities concerning the Towpath Online for Members (hereto referred to as Extreme Green) services offered to you by Towpath Credit Union ("Credit Union"). Extreme Greenservice permits you to electronically initiate account transactions involving your accounts. In this Agreement, the words "you", "your" and "yours" mean those who request and use Extreme Green, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we", "us", and "our" mean Towpath Credit Union. The word "account" means any one or more accounts you have with the Credit Union. By requesting and using the Extreme Green service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
If we approve your application for Extreme Green, you may use your personal computer to access your accounts. You must use your personal identification number ("PIN") along with your account number to access your accounts. You will need a personal computer with a modem and access to the Internet in order to use Extreme Green You are responsible for the installation and maintenance of your computer. The Credit Union is not responsible for any errors or failures involving any telephone service, Internet service, or for the software or hardware of your computer.
TYPES OF TRANSACTIONS
You may use Extreme Green to:
Review account balance for any of your checking, savings, and loan accounts;
Review transaction history for any of your checking, savings, and loan accounts;
Make transfers between any of your checking and savings accounts;
Make your Credit Union loan and credit card payments from your checking or savings accounts;
Withdraw funds from your regular share account by check to be mailed to you at your address of record;
Review checks that have cleared from your checking account;
Inquire if a specific check has cleared;
Change your personal identification number;
Conduct any other transactions permitted by the Credit Union.
Transactions involving your deposit accounts will be subject to the terms and conditions of your account agreement as applicable.
The following limitations on Extreme Green transactions may apply in using the services listed above:
1.) TRANSFERS. You may make funds transfers to other Towpath Credit Union accounts of yours as often as you like. However, Federal regulations limit pre-authorized transfers from your regular share account. During any statement period, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer. This includes transfers by phone, fax, wire, cable, overdraft transfers to checking, and Internet instruction.
The Credit Union will not be required to complete a withdrawal or transfer from your share accounts if you do not have enough money in the designated account to cover the transaction. You agree not to use Extreme Green to initiate a transaction that would cause the balance in your designated share account to go below the required minimum balance. We will not be required to complete such a transaction, but if we do so, you agree to pay us the excess amount or improperly withdrawn or transferred amount and any overdrawn account fees resulting from such transactions, immediately upon our request. We will also decline to complete your Extreme Green transactions if we have canceled your access to Extreme Green or we can not complete the transaction for security reasons.
2.) 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 processing time and our Funds Availability Policy.
3.) E-MAIL. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action until we actually receive your message and have a reasonable opportunity to act. Requests for funds transfer as well as the transmittal of account information should not be communicated to the Credit Union through the use of E-mail. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at 330-664-4700.
PERSONAL IDENTIFICATION NUMBER "PIN" SECURITY
The PIN issued to you for initial access to Extreme Green is for security purposes. You should change your PIN for security reasons the first time you use the service. Your PIN is confidential and should not be disclosed to third parties or recorded. You agree to accept responsibility for protecting the integrity of your PIN. You agree not to disclose or otherwise make your PIN known to anyone not authorized to sign on your accounts. Granting access to your account through use of Extreme Green to any non-owner will make you financially liable for all access, losses, or misuse of your account(s) until reported to us. You also agree that we may revoke your Extreme Green access at any time without notice to you. Tell us at once if you believe your PIN has been lost or stolen.
FEES FOR Extreme Green SERVICE
There are certain charges for services available in Extreme Green as set forth on the Credit Union’s Fee Schedule. These fees may change from time to time as determined necessary by the Credit Union Board of Directors. We will notify you of any changes as required by law. There is currently no monthly charge for unlimited Extreme Green service per account per month. If a fee is instituted it will be automatically deducted from your checking account at the end of each month and you will be notified 30 days ahead of time of implementation of such fees. If funds are not available in your checking account to pay the fee it will be deducted from your savings account.
Your periodic statement will clearly identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions. In any event, you will receive an account statement at least quarterly.
Our business days, for purposes of electronic funds transfer, are Monday through Friday. Holidays are not included.
CREDIT UNION’S LIABILITY FOR FAILURE TO MAKE TRANSFERS
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 and the instructions you transmit, we will be liable for any returned check fees resulting from our failure to perform the transaction. However, the Credit Union will not be liable:
If, through no fault of ours, you do not have adequate funds in your account to complete a transaction or if your account is closed.
If you used the wrong PIN or you have not properly followed any applicable computer, Internet access, or Credit Union user instructions for making transfers or payments.
If your computer fails or malfunctions or Extreme Green was not properly working and such problem should have been apparent when you attempted such transaction.
If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
If the funds in the account are subject to an administrative hold, legal process, or other claim.
If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can process the transfer or payment.
If the error was caused by a system beyond the Credit Union’s control, such as your Internet Service Provider.
If there are other exceptions as designated by the Credit Union from time to time.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
1.) Where it is necessary for completing transfers, or
2.) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
3.) In order to comply with government agency or court orders, or
4.) If you give us your written permission.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Call us at 330-664-4700 or write;
Towpath Credit Union
2969 Smith Rd.
Fairlawn OH 44333
As soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after the date of the FIRST statement on which the problem or error appeared.
1.) Tell us your name and account number.
2.) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3.) 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 10 business days.
We will tell you the results of our investigation within 10 business days (20 business days if your question or complaint involves a transaction to or from an account opened within the last 30 days) after we hear from you and correct any error promptly. If we need more time, however, we may take up to 45 business days (90 business days if your question or complaint involves a transaction to or from an account opened within the last 30 days) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if your question or complaint involves a transaction to or from an account opened within the last 30 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 10 business days, we may not credit your account.
If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of documents that we used in our investigation. The Credit Union may revoke any provisional credit provided to you if we find an error did not occur.
The transactions you perform on Extreme Green are "real time" transactions and cannot be canceled except by performing corresponding reverse transactions. If you transfer money into a third party account, transfer money into your club accounts, or make payments on your loan accounts, you will not be able to reverse those transactions.
If you have arranged with the Credit Union in advance to make regular periodic payments out of your account, you can stop any of those payments by following these procedures:
1.) Call or write the Credit Union at the telephone number or address set forth above in time for it to be received three (3) or more business days before the payment is scheduled to be made.
2.) If you call, the Credit Union may require you to put your request in writing so that it reaches the Credit Union within 14 days after you call.
If you order us to stop one of these payments three (3) business days or more before the transaction is scheduled, and we do not do so, we will be liable for any returned check fees resulting from our failure to perform the transaction.
TERMINATING THIS AGREEMENT
You can terminate this Agreement at any time by notifying us in writing and ceasing to use your PIN to access Extreme Green We can also terminate this Agreement at any time for any cause. Whether you terminate the Agreement or we do, the termination does not affect your obligations under this Agreement, even if we allow any transaction to be completed with your PIN after this Agreement has been terminated.
CHANGING THIS AGREEMENT
The Credit Union reserves the right to modify the terms of this Agreement from time to time as deemed necessary. We will notify you at least 30 days before the change will take effect if the change will cause you a greater cost or liability or if it will limit your access to Extreme Green You will be notified of the changes in the Credit Union’s monthly newsletter and/or in a special mailing to members with access to Extreme Green We do not have to notify you in advance, however, if the change is for security reasons.
To complete an application for Extreme GREEN Online Banking, you must agree to these terms and conditions.