Home Banking User Agreement
(rev. 11-01-05 )
IMPORTANT: TO ENROLL FOR HOME BANKING, YOU MUST CONSENT TO RECEIVE NOTICES AND
INFORMATION ABOUT THE SERVICE ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND
RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THE HOME BANKING USER
AGREEMENT ("AGREEMENT").
THE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY UTILIZE THE
VARIOUS FEATURES OF HOME BANKING, AS MORE FULLY EXPLAINED BELOW. BY CLICKING THE "I AGREE"
BUTTON, YOU CONSENT TO RECEIVE INFORMATION ELECTRONICALLY AND AGREE TO THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT. CORNING CREDIT UNION RESERVES THE RIGHT TO
PROVIDE INFORMATION ABOUT THE SERVICE TO YOU BY NON-ELECTRONIC MEANS.
Scope of Agreement
This Agreement establishes the terms and conditions of your use of Corning Credit Union's
Home Banking Service.
Service Limitations
We will try very hard to make your experience with us a productive one. However, because
of the nature of communication over the internet, we cannot always foresee or anticipate
technical or other difficulties. These difficulties may result in loss of data,
personalization settings or other service interruptions. You agree that we are not
responsible for the timeliness, deletion, mis-delivery or failure to store any user
data, communications or personalization settings.
Home Banking Changes and Discontinuation
We reserve the right to change or discontinue, temporarily or permanently, Home Banking at
any time without notice. In order to maintain the security and integrity of Home Banking,
we may also suspend your access to Home Banking at any time without notice. You agree that
we will not be liable to you or any third party for any modification or discontinuance of
Home Banking.
Hardware and Software Requirements
Enrollment for the Home Banking service requires that you have access to the internet and
an internet browser with 128 bit encryption, and a printer or a disk drive or other
electronic storage device. Corning Credit Union reserves the right to require you to
obtain the different type of technology from time to time in order to use Home Banking.
Enrollment for Home Banking
Each authorized signer on an account can enroll that account for Home Banking.
Limitation of Liability
CORNING CREDIT UNION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT IT WILL PROVIDE
HOME BANKING WITHOUT INTERRUPTION. HOME BANKING IS PROVIDED ON AN "AS AVAILABLE" BASIS AND
THE CORNING CREDIT UNION MAKES NO REPRESENTATION OR WARRANTIES RELATING TO THE AVAILABILITY
OF HOME BANKING, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE. THE SOLE AND
EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF HOME BANKING SHALL BE FOR THE CORNING
CREDIT UNION TO MAKE REASONABLE EFFORTS TO ENABLE YOU TO MAKE PROPER USE OF HOME BANKING.
IN NO EVENT WILL CORNING CREDIT UNION, OR ANY OF ITS OFFICERS, DIRECTORS, SUBSIDIARIES,
AFFILIATES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOME BANKING, OR THE INABILITY TO
USE HOME BANKING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION OR
PROCEEDING TO ENFORCE ANY OBLIGATION, DUTY OR RIGHT ARISING UNDER THIS AGREEMENT MUST BE
COMMENCED WITHIN ONE YEAR FROM THE DATE THAT SUCH CAUSE OF ACTION ARISES.
Other Agreements
The terms and conditions of this Agreement constitute the entire agreement to use Home
Banking as described herein and may be modified or amended by Corning Credit Union as
described below. The terms and conditions of this Agreement are in addition to and part
of the terms and conditions of the agreement governing the use of the website, and are
in addition to all other terms and conditions in agreements governing your account with
Corning Credit Union and constitute an amendment of those other agreements.
Amendments
Corning Credit Union reserves the right to amend, add to, or delete the terms and
conditions of this Agreement and, unless otherwise required by law, Corning Credit
Union may amend this Agreement without prior notice to you. If Corning Credit Union
chooses to notify you of an amendment, or is required to do so by law, you may receive
such notice electronically and you may be asked to consent to an amended version of the
Agreement electronically. In addition, the Corning Credit Union may mail or deliver a
separate notice, statement message or electronic message. Your continued use of Home
Banking following any such notice of a change shall constitute your agreement to be bound
by all such changes.
Miscellaneous
If any provision of this Agreement is held to be invalid or otherwise unenforceable,
the remainder of the provisions shall remain in full force and effect and shall in no
way be invalidated or otherwise affected. Headings are for reference only and in no way
define, limit, construe or describe the scope or extent of such section. The failure to
act with respect to a breach does not otherwise waive Corning Credit Union's right to act
with respect to subsequent or similar breaches. This Agreement represents the sole and
exclusive agreement between the Corning Credit Union and you regarding Home Banking and
merges and supersedes all previous agreements and understandings regarding Home Banking.
Should any term or condition be in conflict between this Agreement and any document
incorporated herein by reference, this Agreement shall control with respect to issues
relating to Home Banking. This Agreement is governed by and construed in accordance with
the laws of the state of New York, without regard to conflicts of law principles.
Electronic Fund Transfer Disclosure
The following information describes the various types of electronic fund transfers which
are available to members with Home Banking and your rights and responsibilities concerning
those transactions, including your rights under the Electronic Fund Transfers Act. Please
read this document carefully. You may print or save this document for future reference.
Electronic access to this document in the future for printing or saving can be found at
the Home Banking Login page. If you would like a paper copy, you may notify us at the
telephone number or address listed in the section titled "In Case Of Errors Or Questions
About Electronic Transfers." Some information may not pertain to you.
Electronic Fund Transfers are deposits to, withdrawals from or transfers between your
accounts which are not originated by check, draft or similar paper instrument. If your
account(s) involves such transfers, you have certain rights under the law, which are
described below. Please contact us at the telephone number or address listed in the
section titled "In Case Of Errors Or Questions About Electronic Transfers" if you have
any questions or problems.
Types of Electronic Fund Transfers Available with Home Banking:
With access to the internet, your member account number, a password you select, and your
D.A.D. access code, you may perform the following transactions using Home Banking: balance
inquiries; account and loan/visa history inquiries; transfers from one of your Credit
Union accounts to another of your accounts; loan/visa payments to the Credit Union from
one of your Credit Union accounts; and advances from your VISA Retail Installment Credit
Agreement, your Home Equity Line of Credit, your Unsecured Line of Credit, or such other
loans or lines of credit as Corning Credit Union may permit from time to time. Such
advances can only be made if the funds are deposited into your Corning Credit Union
share account, used to pay a Corning Credit Union loan, or transferred to another Corning
Credit Union account that has been set up to receive a transfer from you. Each member that
is a joint owner on your Share Savings Account is an authorized user with the ability to
request cash advances and loan advances through Home Banking on the following loans: VISA
loan, your Unsecured Line of Credit, and your Home Equity Line of Credit. Such joint owner
may take such advances even if that joint owner is not a co-borrower on the loan. This
includes joint members/owners presently on your Share Savings Account and joint members/owners
added in the future.
With Home Banking, you can also: download account history files to be used as import
files in Quicken® or MS Money®, change mailing address and email address, change
account titles, place a stop payment on paper drafts, open Certificates, submit secure
online forms requesting additional accounts and services, apply for loans, name changes,
stop payments, automatic payments, and similar services related to your account. If you
choose, you may enroll for our online Bill Pay service and our eStatement service within
Home Banking.
Limits on Withdrawals/Transfers:
- For Share Savings Accounts only: During any month, 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 (including overdraft protection)
or telephonic order or instruction or through Home Banking. No more than three of the
six transfers may be made by check, share draft, check card or similar order to a third
party. You may not make any transfers to third parties at POS facilities. PLEASE NOTE:
Transfers completed in person at a Credit Union office, through an ATM or POB facility,
or by a withdrawal check mailed directly to you are not counted toward the limit of
six/three per month.
- Advances under your VISA Retail Installment Credit Agreement, your Home Equity Line
of Credit, your Unsecured Line of Credit, or any other Credit Union loan may not exceed
your available credit limit. If we do permit you to exceed your available credit limit,
any amount extended over your credit limit must be repaid by you immediately.
- Mortgage loan payments must be equal to or greater than the scheduled amount.
Receipts and Statements:
- You will receive a confirmation screen with reference information after every
transfer you make. You may save or print this information for your records.
- You will receive a Monthly statement showing all electronic fund transfers. You
will receive an account statement quarterly, even if you do not perform any transactions
on your account in that quarter.
Credit Union Liability For Failure To Make Transfers:
If we do not complete a transfer to or from your account(s) on time or in the correct
amount, we will be liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make
the transfer.
- If your funds are subject to legal process or other encumbrance restricting such
transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer,
despite reasonable precautions we have taken.
Address and Telephone Number To Notify If Unauthorized Use of Your Account
Occurs:
If you believe that someone has transferred or may transfer money from your account
without your permission, call (607) 962-3144 or (800) 677-8506 or write us at Corning
Federal Credit Union, One Credit Union Plaza, PO Box 1450, Corning, NY 14830-1050.
Your Liability For Unauthorized Transfers:
TELL US AT ONCE if you believe your Home Banking password or your D.A.D. access code has
been lost or stolen. Telephoning is the best way of keeping your possible losses down. If
you tell us within two business days, you can lose no more than $50 if someone used your
Home Banking password and D.A.D. access code without your permission. IF YOU DO NOT tell
us within two business days after you learn of the loss or theft of your password and D.A.D.
access code, 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.
Also, if your statement shows transfers that you did not make, tell us at once. If you
do not tell us within sixty days after the statement was mailed to you, you will not get
back any money you lost after the sixty days if we can prove that we could have stopped
someone from making the transfer if you had told us in time.
If a good reason, such as a long trip or hospital stay, kept you from telling us, we
will extend the time periods.
In Case of Errors or Questions About Electronic Transfers:
Telephone us at (607) 962-3144 or (800) 677-8506 or write us at Corning Federal Credit
Union, One Credit Union Plaza, PO Box 1450, Corning, NY 14830-1050, as soon as you can,
if you think your periodic account 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.
- Tell us your name and account number.
- Describe the error or the 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.
- 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 after we hear
from you and will correct any error promptly. If we need more time, however, we may take up
to 45 calendar days to investigate your complaint or question. If we decide to do this, we
will re-credit your account within 10 business days for the amount you think is in error,
so that you will have 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 re-credit your account.
The 10 business day period discussed above becomes 20 business days if the notice of
error involves a transfer to or from the account within 30 days after the first deposit to
the account.
We will tell you the results within 3 business days of the completion of our
investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
Business Days:
Our business days are Monday through Friday. Holidays are not included. If the end of a
calendar month falls on a Saturday or Sunday, the Credit Union will frequently "close its
books" for that month after the last business day but before the actual last day of the
month. Transfers made using Home Banking after the books are closed will be treated for
dividend calculation purposes as if they occurred on the first day of the next month and
will be reported on the statement applicable to the next month; but they will be shown on
that statement as having occurred on the actual calendar day you made the transaction.
Advances made under the VISA Retail Installment Credit Agreement, Home Equity Line of
Credit, Unsecured Line of Credit and loan payments made by using Home Banking after the
books are closed will be treated for interest calculation and transaction reporting purposes
as if they occurred on the actual calendar day you received the advance or made the loan
payment; but they will appear on the statement applicable to the next month. If having a
record of the date on which you make a loan payment is important to you for income tax
reporting purposes, you may want to make the payment on or before the close of the last
business day of December to make sure it will appear on your Year-end Statement.
Disclosure of Account Information To Third Parties:
Information about your account is confidential. Without your permission, we will not
disclose such information to unaffiliated third parties except where necessary to complete
a transfer, or to report or confirm the existence and condition of your account for a
credit bureau or merchant, or in order to comply with governmental agency or court orders.
Electronic Consent and Acceptance of Agreement
In order to enroll to use Home Banking, you must consent to receive and accept the terms
and conditions of this Agreement, and any amendments to it, and all other disclosures,
notices, and information related to products, services, or transactions available while
using Home Banking, electronically. In the event a change to this Agreement, the terms
and conditions of your Home Banking account, or the products, services, or transactions
available while using Home Banking requires prior notice to you, we may notify you by
email, at the public email address you have provided, of the new or different terms and
conditions, or will provide you with a link within such email, or on or near the Home
Banking login page where you may view the new or different terms and conditions on a
website. Any such notice will be deemed received when made available to you at the address
you have provided, or, if posted on the Home Banking login page, after you log in to your
account. If you continue to use Home Banking after the effective date of such notice, your
continued use of Home Banking constitutes acceptance of the changes and an agreement to be
bound by these terms, as amended. If you do not agree to the changes, you agree to
discontinue your use of Home Banking.
If you enroll for or purchase a new product or service using your Home Banking account,
or if you make a change to a product or service you already have, or if you perform a
transaction using Home Banking that requires a disclosure, Corning Credit Union may elect
to provide the required disclosures, notices, and information relating to that product,
service or transaction, electronically. Corning Credit Union may provide the related
disclosures, notices and information by email, by a link to a website within an email,
or by posting the disclosures, notices or information on a website which is made known
to you. You must provide us with timely updates to your email address. If you wish to
update your email address, you may do so after logging into your Home Banking Account.
The disclosures, notices and information referred to in this section of the Agreement
include, but are not limited to, disclosures required by NCUA regulations, disclosures
required by Federal Reserve Board regulations, and disclosures required by the E-SIGN Act.
By clicking "I Agree," you agree to receive all required disclosures, notices,
and other information described in this section of the Agreement, electronically.
You may request a paper copy of any disclosure, notice, or other information sent to or
made available to you electronically by telephoning us at (607) 962-3144 or (800) 677-8506,
or such other number we may specify from time to time. You may withdraw your consent to
receive such information electronically by contacting us by telephone at the number
specified above, or such other number we may provide from time to time; however, by doing
so you understand that you will terminate your right to use Home Banking. Withdrawing your
consent in this manner will not prevent you from reenrolling for Home Banking.
In order to use Home Banking and to view and retain a copy of the terms and conditions
contained in this Agreement, you understand that you must have a computer equipped with
at least: a browser with 128-bit encryption and either a printer or a disk drive or other
electronic storage device. You can also obtain a printed copy of this Agreement by calling
(607) 962-3144 or (800) 677-8506.
If you wish to withdraw your consent to receive disclosures, notices, and information
related to your Home Banking account electronically, you may do so by terminating your Home
Banking service. You must call us to terminate your Home Banking service. You will not be
charged a fee to terminate your Home Banking service.
By clicking on the "I Agree" button, you: (1) acknowledge that you have software and
equipment that satisfies the above requirements; (2) consent to receive disclosures, notices
information about your account and Home Banking, including the Agreement and any subsequent
amendments to it, electronically; and (3) consent to receive an electronic version of the
Agreement and agree to be bound by the terms and conditions contained therein. Because
enrollment for Home Banking can only occur electronically, you understand that you will be
unable to proceed if you do not click on this button.
