THIS AGREEMENT sets out the terms on which the undersigned (“you”) may obtain services from SCOTT CREDIT UNION (the “Credit Union”) using the Internet.
1. Internet Services; Fees. The following Credit Union services will be available to you through the Internet: check your current account information, transfer funds among your accounts at the Credit Union, stop payments on checks, reorder checks, and pay bills. You may be required to enter into other agreements in order to use any of these services. The Credit Union may, at any time, increase or delete any such services, provided that no services will be deleted unless you have been given at least 30 days prior written notice. You must provide your own access to the Internet through an Internet provider of your choice. You will be required to pay the standard fees for any transactions that you make through the Internet. Refer to your account agreement and fee schedule for the amount of fees. The Credit Union may establish other fees by giving you at least 30 days prior written notice. You are responsible for all telephone charges you incur in connecting to the Internet and for any charges imposed by your Internet provider.
2. Transfers of Fund; Bill Paying.
(a) You may transfer funds from one account to another account, provided you are an account owner and your social security number is on the account that the accounts are tied to your primary share account. The number of transfers that you may make may be limited by law or government regulation and the Credit Union may establish restrictions on transfers that may exceed those limits. The Credit Union will not be required to make transfers after 5:00p.m. on a business day.
(b) If you are enrolled in the Bill Pay Program, then you may pay bills from your accounts by designating the name and address of the payee and the amount of the bill. It is solely your responsibility to submit your instructions to the Credit Union in sufficient time for the payment to be issued and received by the payee in a timely manner. Bill payments submitted before 11:00 a.m. on a business day will be processed at 12:00 p.m. Bill payments submitted after 11:00 a.m. on a business day will be processed at 2:00 a.m. the next business day. You should allow up to 10 business days for payment to be received by your payee. This time period begins when the Credit Union receives your instructions before 1:00 p.m. on a business day. You are solely responsible for giving the Credit Union the accurate name of the payee of bills, the address of the payee, the amount of the bill to pay, and the bill account number or invoice number. You must give the Credit Union at least 20 days prior written notice if you want to cancel any automatic bill paying instructions if automatic bill paying services are made available by the Credit Union.
(c) The Credit Union will not be required to transfer any funds, or to honor any request to pay bills, unless there are collected funds in the originating account sufficient to cover the transfer or bill payment. If you give us instructions to make multiple transfers, or to pay multiple bills, and there are not sufficient collected funds for each transaction, the Credit Union may honor the instructions in the order that the instructions are received and may refuse to honor all further instructions. We have no obligation to notify you if there are not sufficient funds to permit the transfer or pay the bill. We may, but we are not required to, make the transfer or pay the bill at such future time as collected funds are available in the originating account.
3. Stop Payment Orders. If the Internet services include the ability to request stop payments on checks, or delays in payments of post dated checks, the Credit Union will not be required to act on such instructions until 4 hours after the notice is received by the Credit Union, or until 11:00 am on the next business day if the 4 hours would end after the normal business hours of the Credit Union. You should call the Credit Union if you wish your instructions to be acted on more quickly.
4. Changes in Terms; Cancellation. The Credit Union may change the terms of this Agreement at any time by giving you at least 30 days prior written notice of the change. If you use the Internet services after receipt of such notice, you will be deemed to have agreed to such change. Either you or the Credit Union may cancel this Agreement and terminate your use of the Internet services for any reason by giving the other 10 days prior written notice. Notwithstanding the foregoing, the Credit Union may terminate your rights under this Agreement at any time, and without prior notice or liability to you, if you have breached any of your obligations under this Agreement or any other agreement with the Credit Union, or if the Credit Union has reason to believe that you have attempted to access accounts or information at the Credit Union to which you do not have rights.
5. Security. You will be assigned identification codes to be used when you use the Internet system to obtain Credit Union services or to make transactions. The Credit Union reserves the right to block access to the Internet services in order to maintain or restore security if the Credit Union reasonably believes your identification codes have been or may be obtained, or are being used or may be used, by an unauthorized person(s). You are solely liable and responsible for all Internet transactions that are made using your identification codes, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority), or by any person who obtains your identification codes as a result of your act or negligence. If you have given someone your identification codes and wish to terminate their authority, or if you know or believe that your identification codes otherwise are compromised, you must telephone the Credit Union immediately so that the Credit Union can take the necessary steps to change your identification codes. You should call the Credit Union at the telephone number in Paragraph 9 below. You will defend, hold harmless and indemnify the Credit Union from and against any and all claims of any nature arising out of any access by a person you have authorized, permitted or enabled to have access to the Credit Union and any records or accounts maintained at the Credit Union regardless of whether the records or accounts belong to you or to others.
6. Interruption in Service; Limit of the Credit Union’s Liability. Any information you receive from the Credit Union can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Credit Union is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. The Credit Union is not responsible for any computer virus or related problems which may affect or result from your use of the Internet services. Neither the Credit Union, nor any of the Credit Union’s affiliates, officers, directors, employees or agents, will be responsible for any indirect, special, incidental or consequential damages arising in any way out of the Agreement or your use of the Internet services. Any liability of the Credit Union for actual damages shall be limited to the fees that you have previously paid to the Credit Union for the use of the Internet services under this Agreement. The Credit Union will have no liability to you if you are not able to complete any transaction using the Internet as provided herein if: (1) you do not have enough money in your accounts to make the transfer; (2) the Credit Union’s Internet or computer system, is not working properly and you knew about this when you started your transaction; (3) the failure is the result of any act or omission of any Internet service provider or any software provided by any third party, or the other party to the transaction; or (4) circumstances beyond the Credit Union’s control (for example, fire, flood, loss of power, or interruption of communication systems) prevent the completion of the transaction. The Credit Union may on a regular basis perform maintenance on the Credit Union’s equipment or systems which may result in interruption of the Internet services and the Credit Union will not have any liability to you as a result of any such interruptions.
7. Miscellaneous. If any one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable. The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. Any litigation arising under this Agreement or the Internet services shall take place only in the state or federal courts having jurisdiction over the home office of the Credit Union and you agree to such jurisdiction. The Credit Union shall be entitled to recover its costs (including attorneys fees) from you for any claims arising under this Agreement or the Internet services. The term “business day” means Monday through Friday except for legal Credit Union holidays. All references to time mean the local time at the home office of the Credit Union.
8. Entire Agreement. This Agreement is the entire agreement between you and the Credit Union regarding your use of the Internet services, and it supersedes any prior discussions and agreements between you and the Credit Union regarding the Internet services, and supersedes any marketing or other similar material pertaining to the Internet services. The foregoing does not apply to agreements and disclosures applicable to your accounts, or disclosures or agreements relating to specific transactions. This Agreement is subject to, and incorporates, all account agreements and other agreements or disclosures that the Credit Union has delivered, or may hereafter deliver, to you with respect to your accounts or Credit Union products or transactions.
9. Notices. The Credit Union may give you written notices either by mailing them to your last known address, or by sending such notice to you over the Internet at your designated Internet address. You agree that if the Credit Union is required by any laws or regulations to give you written confirmation of the completion of any transaction, then the Credit Union may in its sole discretion give such confirmation to you electronically over the Internet. If there is more than one account owner, the Credit Union will only be required to give notice to one of you. If you wish to give notices to the Credit Union you must send it in writing to either of the following addresses:
Mail Address:
1100 Beltline Road, Collinsville, IL 62234
Attn: IMMS
Internet Address: http://www.scu.org
Or you may call the Credit Union at 618-345-1000 or toll free at 800-888-4728.