Lanco Federal Credit Union Online Banking Service Agreement
1. Scope of This Agreement
This Agreement between you and Lanco Federal Credit Union governs your use of our Online Banking Service (collectively, the “Service”). The Service permits our members to perform many functions on accounts linked to the Service using a personal computer or mobile device, and the Internet.
2. Agreement Definitions
you and your – the person enrolling in the Service, owner of the Eligible Accounts, as well as any Authorized Users, subject to the parameters of multiple user access as set forth within the Service.
we, us, our, and Credit Union – Lanco Federal Credit Union, its subsidiaries and affiliates, and any agent, independent contractor, Service provider, sub-contractor, licensor, designee, or assignee that Lanco Federal Credit Union may involve in the provision of the Service.
Eligible Accounts – accounts you own with us that can be enrolled in the Service.
Authorized Users – any person that you allow to access your account via the Service.
3. Service Features
The Service can be accessed from the Credit Union’s website and is available (7) days a week, (24) hours a day, (365) days a year. Online services may be used to:
- Obtain account balances and transaction history
- Make one-time and recurring funds transfers
- View and download check images
- Make loan payments
- Make advances from lines of credit
- Update personal contact information
- Use the Message Center to communicate with us securely
- Access additional services, as offered at the discretion of the Credit Union
We may add or remove certain features and/or functionality from time to time, and some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
4. Optional Services
A. E-Statements Service — The E-Statements Service allows you to receive account statements, disclosures, and notices electronically via the Service and requires additional enrollment. You can elect to enroll in the E-Statements Service if you have the required hardware and software and agree to the additional Terms and Conditions of the E-Statements Service. Enrollment in the E-Statements Service may be requested by accessing the E-Statements section of the Service.
B. Mobile Banking Services — Mobile Banking Services allow you to access your accounts via supported mobile devices connected to the Internet. Mobile Banking Services require additional enrollment. You can elect to use your Online Banking ID and password to access Mobile Banking Services, if you have the required hardware and software and agree to the additional Terms and Conditions of the Mobile Banking Services. Enrollment in Mobile Banking Services may be requested by downloading the Lanco FCU mobile app from the Apple® App Store® or Google Play®.
C. Bill Payer Services — Bill Payer Services allow you to send payments from your Credit Union checking account to other companies or people. Bill Payer Services are offered via the Service and require additional enrollment. You can elect to access Bill Payer Services via the Service, and Mobile Banking Services if enrolled, if you have a Credit Union checking account and agree to the additional Terms and Conditions of the Bill Payer Services.
D. FI to FI Service — The FI to FI Service allows you to perform transfers between your Credit Union accounts and accounts that you have at other financial institutions. The FI to FI Service is offered via the Service and requires additional enrollment and approval. You can request to access the FI to FI Service by contacting the Credit Union and agreeing to the additional Terms and Conditions of the FI to FI Service.
5. Fees and Charges
There is no fee or service charge to enroll in o\r use the Service. However, we may assess fees set forth in the other agreements, disclosures or fee schedules for services or accounts (such as overdraft or transfer fees). Optional services or features provided through the Service may be subject to fees, and if applicable, such fees will be disclosed to you when you request those services.
6. Enrolling in the Service
You must complete the enrollment process to use the Service. Prior to enrolling in the Service, you should verify that you have the required hardware and software necessary to access the Service as follows:
- Up-to-date device or devices (e.g. computer or mobile device) suitable for connecting to the Internet;
- Local, electronic storage capacity to retain our communications and/or a printer to print them;
- Valid e-mail account.
To enroll in the Service, visit the Credit Union’s website and follow the instructions to complete online enrollment in the Service.
7. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. The balances within the Service are updated in real-time unless the Service is offline. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
8. Transfer Limitations
You may use the Service to check the balance of your Eligible Account(s) and to transfer funds among your Eligible Accounts. You must have sufficient funds in your account to cover the amount of any online transfers and bill payments or the transaction may not be processed or may incur a fee. Non-Sufficient Funds (NSF) and/or overdraft charges may be incurred if transactions exceed your account balance. Current federal regulations limit the number of transactions that you can make from certain types of depository accounts, such as Savings Accounts and Money Market Accounts. For these types of accounts, automatic or preauthorized transfers (including transfers initiated by the Service or by telephone) exceeding six (6) per month will be assessed a fee as stated in the Credit Union’s Fee Schedule.
9. Disclosure of Account Information to Third Parties
We understand how important privacy is to our members. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our Privacy Notice before completing the enrollment process for the Service. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- When it is necessary for completing transactions;
- When it is necessary for activating additional services;
- To verify the existence and condition of your account to a third party, such as a credit bureau;
- To comply with a governmental agency or court order; or
- You give us your written permission.
THE CREDIT UNION WILL NOT CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR USERNAME, YOUR PASSWORD, OR YOUR SECURITY ANSWERS. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE HANG UP AND CONTACT US IMMEDIATELY AT (717) 569-7180 OR (888) 318-4222.
10. Online Banking ID and Passcode Responsibilities
You agree not to give or make available your Online Banking ID or password or other means to access your account to any unauthorized individuals. You represent and warrant that Authorized Users have the appropriate authority to initiate transfers and request other services through use of the Service. You authorize us to act upon, and you agree to be bound by, any transaction, authorized or not, that is initiated with your Online Banking ID and password. Furthermore, any instructions, directions, or other information provided by you, or any Authorized User, will be deemed to have been authorized by the you. The Credit Union will not be responsible for verifying the identity or authenticity of any person claiming to be an Authorized User.
If you or your authorized users disclose your Online Banking ID and password to anyone, and/or if you allow someone to use this information to access your accounts, you are authorizing them to act on your behalf and will be responsible for any use of the Service by them (for example, if you provide this information to a joint account holder, a friend or family member, and/or an aggregation service provider).
If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling (717) 569-7180 or (888) 318-4222 during business hours. If the Eligible Accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated using your Online Banking ID and password are authorized unless we have been notified to cancel the Service. There may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
11. Transactions That Are Not Completed
We will use commercially reasonable efforts to ensure all your transactions are processed properly and in a reasonable period. When performing a transfer, retain the confirmation number provided upon completion of the transaction. We shall incur no liability if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
- If this Agreement has been terminated;
- If, through no fault of ours, your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your account (if applicable);
- If the Service is not working properly and you know or have been advised by the Credit Union about the malfunction before you execute the transaction;
- If your Eligible Account is closed;
- If your computer, software, and/or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction;
- If the transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
- We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
- If circumstances beyond control of the Service, our Service Providers, and the Credit Union (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), the Credit Union shall be responsible for returning the improperly transferred funds to your account.
12. Documentation and Verification of Payments and Transfers
Information regarding transactions performed within the Service will be reflected on the account detail within the Service and your periodic statements.
13. Errors or Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
- Telephone us at (717) 569-7180 or (888) 318-4222 during business hours;
- E-mail us at firstname.lastname@example.org;
- Send a secure message through the Message Center;
- Write to us at Lanco Federal Credit Union, 349 West Roseville Road, Lancaster, PA 17601.
If you think your statement is incorrect or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name and relevant account number(s);
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) business days after your verbal notification. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. For errors regarding electronic transactions on new consumer accounts, we may take up to ninety (90) days to investigate your complaint or question. We may take up to twenty (20) business days to credit a new account for the amount you think is in error. If it is determined there was no error, we will mail you a written explanation within three (3) business days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
14. Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Online Banking ID or password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft limit, if applicable). If you tell us within two (2) business days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your periodic statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period at our sole discretion.
15. Limitation of Our Liability
The Credit Union will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our gross negligence or willful misconduct. The Credit Union will have no liability for any loss or damage:
- Related to the actions of your authorized users;
- Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request;
- Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Credit Union and third parties, or any other condition outside of our control.
You and your Authorized Users will defend, indemnify and hold harmless the Credit Union against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (1) the processing of any request received by us through the Service; (2) any breach of the provisions of this Agreement; (3) any request for stop payment; (4) any dispute between you and any third party in connection with the use of the Service; and (5) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including legal fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
17. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. We may deliver amendments to this Agreement to you in an electronic format. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
18. Address, Email or Payment Account Changes
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service or by contacting the Credit Union.
19. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service or any other Optional Service which you are enrolled in, contact the Credit Union by calling (717) 569-7180 or (888) 318-4222. Any transactions or requests already processed by the Service or Optional Service before the effective cancellation date may be completed by the Service or Optional Service. All future scheduled transactions or requests will not be processed by the Service or Optional Service once the cancellation is effective. You will remain responsible for any fees associated with the Service or Optional Service prior to the effective cancellation date. We may terminate or suspend your Service at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. Access to the Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account is closed or restricted for any reason, we may consider reinstatement once sufficient funds are available in your account to cover any fees and other pending transfers or debits. To request reinstatement of the Service, you must call our Member Service Department at (717) 569-7180 or (888) 318-4222.
20. Exclusions of Warranties and Limitation of Damages
The Service and related documentation are provided “as-is”, “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a purpose. Notwithstanding our efforts to ensure that the Service is secure, we cannot and so not warrant that all data transfers via the Service will be free from monitoring or access by others. You are solely responsible for the maintenance, installations, and operation of your computer. The Credit Union shall not be responsible for any delays, errors, deletions, or failures that occur because of any malfunction of your computer or software. The foregoing shall constitute the Credit Union’s entire liability and your exclusive remedy. In no event shall the Credit Union be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits or legal fees (even if advised or the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software and/or your use of the Service.
You may not assign this Agreement to any other party. We may assign this Agreement at our sole discretion. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties.
22. No Waiver
The Credit Union shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
24. Disputes/Final Agreement
Notwithstanding any other provision in this Agreement, in the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the aggrieved party shall promptly give written notice of the dispute, claim, question, or disagreement to the other party. Within fifteen (15) calendar days of receipt of such notice, the parties shall initiate good faith efforts to settle the dispute, claim, question, or disagreement. They shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither party may terminate this Agreement or pursue other contractual, equitable, or legal remedies it may have against the other party prior to complying with this Section. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of the Credit Union and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
25. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the Credit Union and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
26. Governing Law and Relation to Other Agreements
This Agreement shall be governed by and construed in accordance with applicable federal law and the laws of the State of Pennsylvania, without reference to provisions on conflict of law. The state and federal courts located in Lancaster County, PA shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Accounts and Services provided by us may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately. Each party hereby irrevocably waives all right to a trial by jury in any action, proceeding, claim, or counterclaim (whether based on contract, tort, or otherwise) directly or indirectly arising out of or relating to this Agreement. This provision is a material inducement for the parties entering this Agreement.
If you have any questions about this Agreement, please contact Lanco Federal Credit Union by calling (717) 569-7180 or (888) 318-4222, writing to Lanco Federal Credit Union, 349 West Roseville Road, Lancaster, PA 17601 or emailing email@example.com.