This Online Access Agreement ("Access Agreement") for accessing your RCU accounts through RCU eBranch explains the terms and conditions governing the Online banking offered through RCU eBranch. By using RCU eBranch, you agree to the terms and conditions of this Access Agreement. This Online Access Agreement will be governed by and interpreted in accordance with Federal law and regulation, and to the extent there is no applicable Federal law or regulation, by the laws of the State of Wisconsin. The terms "we," "us," "our," "RCU," and "credit union" refer to RCU. "You" refers to each signer on an account. The term "business days" means Monday through Friday, excluding RCU observed holidays.
The Electronic Fund Transfer Act and Regulations require that we disclose pertinent information to you about EFT's to or from your account. By EFT's within this document, we mean preauthorized transactions to and from your account with us or by means of your RCU Business ePay, Electronic Check Conversion, or RCU eBranch.
RCU eBranch can be used to access RCU accounts. Each of your accounts at RCU is also governed by the applicable account disclosure statement ("Deposit Agreement and Disclosure"). There is a separate enrollment process and disclosure statement for Business ePay ("RCU Business ePay Terms and Conditions").
II. Accessing Your RCU Accounts through RCU eBranch
To access your accounts through RCU eBranch, you must have an RCU account, online authorization information, and an email address must be provided and kept current.
B. Electronic Mail (email)
Mail Box: Sending secure electronic mail (email) through the Mail Box within RCU eBranch is a way to communicate with RCU. The Mail Box is provided for you to ask questions about your account(s) and provide general feedback. Email is accessible after you sign on to a session of RCU eBranch. To ensure the security of your account information, we recommend that you use the email feature provided within RCU eBranch (Mail Box) when asking specific questions about your account(s).
Third Party email: A third party email address (email address) must be provided and kept current to access eBranch. Third party email providers include internet service providers who also offer email services, web email, or your place of business. This form of electronic mail (email) is not a secure method of communicating with RCU. Do not send specific account information through your third party email. RCU may communicate non-secure information to you using the email address you provide.
You cannot use email to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within RCU eBranch or call RCU Member Service at 715-833-8111 or 1-800-341-9911.
There are no monthly or transaction fees for accessing your account(s) through RCU eBranch.
Please note that fees may be assessed by your online service provider.
D. New Services
RCU may, from time to time, introduce new online services. We will notify you of any new services. By using these services when they become available, you agree to be bound by the rules communicated to you concerning these services.
E. Benefits of Using RCU eBranch
With RCU eBranch, you can manage your accounts from your home or office on your personal computer or web-enabled mobile device or text messaging on your mobile phone. You can use RCU eBranch to:
- View account balances and review transaction history.
- Transfer money between accounts. (As noted in the applicable account Deposit Agreement and Disclosure Statement).
- Communicate directly with RCU through email.
- Access to Business ePay which allows you to pay bills, manage your business payroll, process your tax payments and transfer money to/from your account at another financial institution to/from your RCU accounts.
III. Terms and Conditions
The first time you access your RCU accounts through RCU eBranch you agree to be bound by all the terms and conditions of this Agreement, and this acknowledges your receipt and understanding of this disclosure.
A. Your Online Authorization Information
Your online authorization information includes an online password and security images.
You will be given an Online Password that will be required to access your RCU accounts within RCU eBranch. This password can be changed within RCU eBranch using the options button. We recommend that you change your password regularly.
RCU will act on instructions received under your online authorization information. For security purposes, it is recommended that you memorize your online authorization information and do not write it down. You are responsible for keeping your online authorization information, account numbers, and other account data confidential.
B. Payment Account
Although there are no fees for accessing your accounts through RCU eBranch, you may be asked to designate a payment account for selected services such as Business ePay. You agree to promptly pay all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees.
If you close the payment account, you must notify RCU and identify a new payment account for the selected services. Additionally, if you close all RCU accounts, you must notify RCU Member Service to cancel the RCU eBranch services.
Your online access may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, RCU eBranch services may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call RCU Member Service at 715-833-8111 or 1-800-341-9911.
If you do not access your RCU accounts through RCU eBranch for any (6) six month period, RCU reserves the right to disconnect your service without notice. Please note that your Business ePay and online scheduled transfer information will be lost if you are disconnected. You can enroll again at any time to re-activate these services.
You agree to be responsible for any Internet access charges, wireless access charges, or text messaging fees incurred by accessing your RCU accounts through RCU eBranch.
If you wish to cancel any of the RCU eBranch services offered through RCU eBranch, please contact RCU Member Service at 715-833-8111 or 1-800-341-9911 or send us cancellation instructions in writing to RCU, PO Box 970, Eau Claire, WI 54702-0970.
C. Our Liability
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, RCU, or by Internet browser providers, such as Microsoft Corporation (Microsoft Internet Explorer browser) and Mozilla Foundation (Mozilla Firefox browser), or by Internet access providers or by online service providers, wireless carriers, or by an agent or subcontractor of any of the foregoing: nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use, or maintenance of the equipment, software, the online financial services, or Internet browser or access software.
D. Overdrafts: Order of Payments, Transfers, Other Withdrawals
If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, RCU eBranch transfers and Business ePay payments and transfers, etc.) that you have requested for a given date, then:
- Certain electronic transfers involving currency disbursement, like ATM withdrawals, will have priority, and
- The electronic funds transfers initiated through RCU eBranch may result in an overdraft of your account and may, at RCU's discretion, be canceled.
In addition, you will be charged the same overdraft charges that apply to your account.
E. Hours of Accessibility
You can access your RCU accounts through RCU eBranch seven days a week, 24 hours a day. However, at certain times, some or all of RCU eBranch may not be available due to system maintenance. You will be notified online when this occurs.
Immediate transfers will take place immediately. All immediate transfers that are completed before 8:00 pm Monday through Sunday except RCU observed holidays will have a post date of the same day. Any immediate transfers completed after 8:00 pm will be posted on the next day. Any immediate transfers completed on an RCU observed holiday will post on the next day.
All scheduled transfers that are scheduled to occur on a future date of a Monday through Sunday or RCU observed holiday, will process on the selected date at 8:30 am and all will post on the selected date except for RCU observed holidays which will post on the next day.
Any recurring transfer where the initial transfer is scheduled to process that day, will have the initial transfer process immediately and follow the rules of immediate transfers. The subsequent transfers in the recurring transfer schedule will follow the rules of scheduled transfers.
F. Additional Terms and Conditions
Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts. Current balance and activity information is available, at minimum, as of the close of the previous day.
Transferring Funds - If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
IV. RCU Credit Card Account Access
A. Using the Service
Your consent covers all of the transactions you conduct online, including without limitation, any transactions you may conduct under the online credit card account access service. Your consent will be effective for as long as you remain a subscriber to this service.
B. Electronic Mail (Email)
In order to ensure that we are able to provide you with important notices and other information from time to time, you must update us with any change in your email address. You can change your email address from within eBranch by navigating to the Options page and following the prompts.
C. Credit Card Payments
Payments using the credit card account access service must be submitted by 4:00 p.m. CST in order for your payment to be posted to your credit card account with today's date. Payments made using the eBranch Transfer feature must be completed by 5:00 p.m. CST Sunday through Friday (except Holidays) to be posted with today's date. Although your payment will be credited to your account today, you should allow at least three business days before the payment is reflected in your available credit. If your payment is not received by the due date on your statement, the account will be subject to the fees and finance charges as described in your Cardholder Agreement.
V. General Terms
A. Right to Stop Payment
If you have told us in advance to make regular payments out of your account, you can stop any of these payments in the following ways:
Online Check Stop Payments - To place an online check stop payment, use the Stop Payment feature of eBranch which will process the stop payment immediately. The fee for placing a stop payment is listed in the Special Service Charges disclosure and will be assessed to the checking account for which the stop payment was placed within 24 hours.
If the funds are not available at the time the charge is assessed, the stop payment will be removed from the account and RCU will not be liable for payment of the check. You are not permitted to stop payment on any purchase, withdrawal, payment or transfer originated by use of the RCU Credit Card, Check Card, ATM Card, eBranch Immediate Transfers, CompuTeller Transfers, or preauthorized drafts, and RCU has no obligation to honor any such stop payment request by you. If RCU does not have a reasonable time to act on a stop payment before RCU has accepted the item, or before RCU has paid the item in cash, or before the item has been deposited or received for deposit for credit in an account of a customer with the payor bank, then RCU may be entitled to enforce payment of the item against the drawer. Due to sorting or routing, the check may have already been accepted by RCU and RCU may be unable to determine this until two days after acceptance.
In this instance days are defined as weekdays, excluding RCU observed holidays.
Member Service - To place a stop payment, call RCU's Member Service Department at 715-833-8111 or toll free at 1-800-341-9911, or write us at 200 Riverfront Terrace, PO Box 970, Eau Claire, Wisconsin, 54702-0970 in time for us to receive your request 3 business days or more before payment is scheduled to be made. If you call, we may also require you to put your request in writing. The fee for placing a stop payment is listed in the Special Service Charges disclosure. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages. You are not permitted to stop payment on any purchase, withdrawal, payment or transfer originated by use of the RCU Credit Card, Check Card, ATM Card, eBranch Immediate Transfers, or CompuTeller Transfers, and RCU has no obligation to honor any such stop payment request by you.
eBranch Scheduled Transfers - to cancel a payment or transfer that is scheduled for a future date on eBranch, you must delete the transfer on eBranch the day prior to the processing date.
B. Limitations on Dollar Amount of Transfers
You may make transfers between your accounts on RCU eBranch up to the amount of the available balance in your account. There are no limitations on the dollar amount you can transfer on RCU eBranch.
C. Limitations on Frequency of Transfers
There are no limitations on the number of CompuTeller, or RCU eBranch transfers. However, in compliance with Regulation D of the Federal Reserve Board, you are limited to six transactions per month from each of your savings or Money Market accounts without your physical presence at a branch or ATM. This includes but is not limited to transactions by means of eBranch, CompuTeller, check, preauthorized payments to a third party, telephoning Member Service, or by automatic transfer due to insufficient funds.
D. Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees, or other terms described in this Agreement. However, when changes are made to any fees or charges, we will notify you online, send a notice to you at the address shown on our records, or send you an electronic mail message (email). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount, or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate.
We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Deposit Agreement and Disclosure.
E. Disclosure of Account Information
You understand that in addition to information furnished pursuant to legal process, some information about your accounts may automatically be disclosed to others. For example, the tax laws require disclosure to the government of the amount of the interest you earn, and some transactions, such as certain large currency and foreign transactions, must be reported to the government. The Bank may also provide information about your account(s) to persons or companies RCU believes would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, RCU routinely informs a credit bureau when accounts are closed by RCU because they were not handled properly. RCU may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account. You authorize these transfers of information.
F. Questions on Error Correction on RCU eBranch Transactions
In case of questions or errors about RCU eBranch funds transfers through RCU eBranch involving your account, here is what you should do:
- Contact RCU by electronic mail (email) through the secure email provided within RCU eBranch.
- Fax RCU at 715-552-3000.
- Telephone RCU at 715-833-8111 or 1-800-341-9911.
- Write RCU at PO Box 970, Eau Claire, WI 54702-0970, as soon as you can if you think your statement or transaction record is wrong or if you need more information about a transaction listed on the statement or transaction record.
- We must hear from you no later than sixty (60) days after the statement on which the problem or error appeared was made available to you. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
- Tell us your name and account number.
- Describe the error or the transaction you are unsure about and explain why you believe it is in error or why you need more information.
- Tell us the dollar amount of the suspected error.
- For a bill payment on Business ePay, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.
Here's what we will do:
We will tell you the results of our investigation within ten (10) business days or twenty (20) business days in the case of point of sale purchases, 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 or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days or twenty (20) business days in the case of point of sale or international transactions 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 will not credit your account.
If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.
If we do not complete a transfer to or from your RCU account on time or in the correct amount according to our agreement with you, 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 a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone you allow, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly.
- If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
- If you have not properly followed the instructions for using RCU eBranch.
- If circumstances beyond our control (such as fire, flood, or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.
G. Other General Terms
Other Agreements - In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement and Disclosure, RCU's rules and regulations, the rules and regulations of any funds transfer system to which RCU belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also.
RCU reserves the right to terminate this Agreement and your access to RCU eBranch, in whole or in part, at any time without prior notice.
VI. Protecting Your Account
A. Preventing Misuse of Your Account
Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call RCU Member Service at 715-833-8111 or 1-800-341-9911.
Protecting Personal Information - In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
Taking Care of Your Online Authorization Information - The authorization information that is used to gain access to RCU eBranch should also be kept confidential. For your protection, we recommend that you change your online password regularly. It is recommended that you memorize this online authorization information and do not write it down.
You are responsible for keeping your online authorization information, account numbers, and other account data confidential. If you believe that your online authorization information may have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, notify RCU Member Service at 715-833-8111 or 1-800-341-9911.
B. Unauthorized Transactions in Your RCU Accounts
Notify us immediately if you believe another person has improperly obtained your online authorization information. Also, notify us if someone has transferred or may transfer money from your account without your permission or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call RCU Member Service at 715-833-8111 or 1-800-341-9911 or write to RCU at PO Box 970, Eau Claire, WI 54702-0970.
If your online authorization information has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your online authorization information without your permission to access an RCU deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.00.
Also, if your statement shows withdrawals, transfers, or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the statement was made available to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.
C. Security Alerts
RCU will send security alerts as a third party email message to the email address you provide. Security alerts will include notification when your password has changed. Notify us immediately if you believe another person has improperly obtained your online authorization information.
VII. Business Accounts and Security Administrator
A. Security Administrator Responsibility
Upon completion of the RCU eBranch setup process, the Security Administrator identified in the enrollment process and authorized by the Organization Resolution will select and provide to RCU an initial individual sign-on identification ("User Identification"). Once we enter the User identification into our system and provide the Security Administrator with an initial online password, the Security Administrator will be able to set up and manage your RCU eBranch service by using his/her User Identification, and online password and security images ("Online Authorization Information"). The Security Administrator will be able to set up any desired other authorized persons (collectively called "Users"), designating the levels of account access and privileges, and will be responsible for providing these Users with their respective User Identification and Online Authorization Information.
The Security Administrator, through RCU eBranch, will be able to enroll in Business ePay and set up any other Users, designating the levels of account access and permissions, and will be responsible for providing these Users with their respective sign on information for Business ePay. RCU will require a new Organization Resolution to change the status of a Security Administrator.
B. Security Procedure For All Transactions Conducted Through RCU eBranch
- The following describes the Security Procedure you and your Users agree to follow when providing us with instructions to make any and all funds transfers (including intra-financial institution transfers and bill payment orders) from or to your accounts using the RCU eBranch service. The purpose of this Security Procedure is to verify the authenticity of a funds transfer instruction (or request for cancellation or amendment) given through the use of RCU eBranch and not to detect an error in the transmission or content of a funds transfer instruction. No security procedure for the detection of any error has been agreed upon between you and RCU. You are strictly responsible to establish and maintain the procedures to safeguard against unauthorized transmissions.
- You agree to take reasonable steps to maintain the confidentiality of the security procedures and any User Identification, Online Authorization Information, security devices and related instructions you provided or that are provided by us in connection with these security procedures.
- In managing your RCU eBranch service, a User may specify the accounts to be charged for. You are responsible for all transfers and withdrawals your Users conduct using RCU eBranch even if your Users exceed the authority you have given them. We have no knowledge of any limitations you may have in place for your Users and we will not be responsible to you or to any third parties for any transactions that exceed limitations you may have in place. If you or your Users permit non-authorized persons to use RCU eBranch, your User Identifications and/or your Online Authorization Information, you are responsible for any transactions they conduct.
- The Security Administrator will furnish the User Identification and initial Online Authorization Information for all Users. After signing on for the first time, each User will select his/her own online password. We will not be provided with Online Authorization Information.
- You and your Users agree to protect the secrecy of the User Identifications, Online Authorization Information and account data accessed via RCU eBranch, and we have no responsibility if you or a User discloses the same. You and your Users also agree to limit distribution of this information to only those authorized by you to access RCU eBranch. You must notify us immediately by calling us at the telephone number listed on our web site if you believe or suspect any of your accounts have been accessed without your permission or a User Identification or Online Authorization Information has been used without your permission to access your accounts. The occurrence or unauthorized access will not affect any transaction made in good faith by RCU prior to the receipt of such notification and within a reasonable time period to prevent unauthorized transactions.
For security purposes, we recommend that Users memorize their own Online Authorization Information and User Identifications and not write them down. The system gives your Users the ability to change online passwords regularly and you may require that Users change online passwords regularly, including when Users are deleted.
- A User may only log on to RCU eBranch using his/her correct User Identification and Online Authorization Information. Once the User has entered his/her correct User Identification and Online Authorization Information, the User will be able to conduct any transactions consistent with the privileges and levels of access which have been granted the user by the Security Administrator or another User who has been granted authority to manage Users. We have no knowledge of the privileges and levels of access granted individual Users.
- RCU may rely on the User Identification and Online Authorization Information provided by the individual submitting the funds transfer instruction. RCU has no responsibility for verifying User Identification and Online Authorization Information.
C. Description of RCU eBranch Business Service
RCU eBranch allows the Security Administrator and Users in your Organization to use a personal computer equipped with an active connection to an Internet Service Provideror or a web-enabled mobile device or text messaging on a mobile phone to access your account(s), 24 hours a day, 7 days a week, with possible interruptions due to system maintenance or causes beyond our control. Upon opening your membership and providing the signed Agreement and Organization Resolution authorizing this service, the Users you authorize will be able, by use of a User Identification and Online Authorization Information, to complete confidential inquiries on your accounts established at RCU and perform any or all of the following functions, as granted by the Security Administrator. In addition, Users will be able to perform any functions that may be added to the RCU eBranch service, as granted by the Security Administrator.
Management (Administration) of Your RCU eBranch Service
- Manage Accounts - Request accounts to be enrolled or deleted for RCU eBranch services, establish and edit transactional limitations on these accounts;
- Manage Users - Add, delete and modify other Users. Each User can be granted or denied transactional privileges and authority on an account by account basis. Any Users can be granted the authority to perform any or all of the functions listed in this Agreement, or which are later added to the RCU eBranch service;
- Manage Company - Establish transactional limitations and approval requirements for RCU eBranch services;
- Manage Reports - Create and view reports detailing User and account information.
Inquiries and Transactions on Your RCU eBranch Service
Users may complete, when available, the following transactions in addition to inquiries:
- Intra-financial institution transfers between checking, savings, and money market accounts;
- Intra-financial institution transfers from checking, savings, or money market accounts to loan accounts;
- Advances against a line of credit loan account to be transferred to checking, savings, or money market accounts;
- Communicate directly with RCU through Electronic Messaging;
- Inquiries and transactions on accounts held at third parties, where available;
- Transactions initiated through the use of Business ePay, if enrolled.
D. Organization Resolution Information
Any organization resolution ON FILE WITH US giving authority for RCU eBranch service supersedes any resolution, signature card or other document on file with us that limits authority over any specific account or all of your accounts with us. A change in the authority over any specific account or all of your accounts with us made in any resolution, signature card or other document on file with us will NOT change this Agreement, or any accompanying Organization Resolution.
E. Authorization For Transactions
You agree that the Security Administrator identified in the Organization Resolution ON FILE WITH US has authority to establish the RCU eBranch service for your Organization and establish additional Users with the access capability and privileges as determined by the Security Administrator in establishing and managing your RCU eBranch service. You agree that each individual who has been issued a User Identification and Online Authorization Information has general authority from your Organization to give instructions and authorize transactions with respect to your accounts through RCU eBranch, including general authority over the movement of your Organization's funds between your accounts at RCU and to perform inquiries on your accounts. You agree that RCU has full authorization from your Organization to rely and act upon any instructions received from Users without further inquiry.
F. Separate Account Agreements And Disclosures
Each of your accounts at RCU is also governed by the separate account agreement you have with us for the account and the applicable account disclosures ("Account Agreement and Disclosures", "Account Information and Fee Schedule" and "Dividend Rate Schedule") that have been delivered to you. All Agreements applicable to your various accounts or loan relationships with us shall continue in full force and effect except as specifically modified by this Agreement, and shall be applicable to all transactions initiated by use of a User Identification and Online Authorization Information. However, if any such account is an account requiring two or more signatures, all signature requirements are hereby waived by you and all signers.
In addition, you and all signers agree to any transaction initiated by the use of a User Identification and Online Authorization Information and agree to be bound by the transaction.
G. Changes To RCU eBranch For This Agreement
We may limit services or transactions available on RCU eBranch, from time to time, at our discretion and without prior notice. We may make changes or modifications to RCU eBranch, including expanding services or transactions available from time to time. We may make amendments to this Agreement including, without limitation, changing any cut-off time, any business day and format requirements for RCU Business ePay orders. Such amendments shall become effective upon notice sent to you by mail or electronically or upon such later date as may be stated in our notice to you. If you maintain or your Users use the RCU eBranch service after the effective date of the change, you confirm your agreement to the change and/or the expansion of services or transactions. We may, without notice, modify or discontinue a User's access to RCU eBranch.
H. Lawful Activities
Any financial service provided by RCU may be used for any transaction permitted by law. You agree that illegal use of any financial service including, but not limited to the RCU eBranch service, will be deemed an action of default and/or breach of contract and such service and/or other related services may be terminated at RCU's discretion. You further agree, should illegal use occur, to waive the right to sue for such illegal activity directly or indirectly related to it. You also agree to indemnify and hold RCU harmless from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use. You are responsible for ensuring that Users are aware of this provision. You will be responsible for any illegal transactions or use of the RCU eBranch service by Users.
I. RCU Business ePay Services
The Security Administrator may establish your Business ePay service by enrolling in the service and accepting the RCU Business ePay Terms and Conditions.
J. Electronic Messaging
Sending electronic messages ("Electronic Messages" or "Electronic Messaging") through RCU eBranch is a way to communicate with RCU eBranch's Support Desk. Electronic Messaging is provided for your Users to ask questions regarding RCU eBranch. Electronic Messaging, however, is designed exclusively to facilitate the use of RCU eBranch, and therefore, should not be used to ask questions regarding any other service offered by RCU. For prompt action, these questions should be communicated directly with RCU. Electronic Messaging is accessible after Users sign on with their Online Authorization Information to a session of RCU eBranch. Users may also communicate with us by sending email messages outside of RCU eBranch. You and your Users may be required to sign a separate agreement with us concerning email communications before we will communicate with your Users outside of RCU eBranch.
However, your Users cannot use Electronic Messaging to initiate transactions on your account(s). For other services offered by RCU, please call RCU directly.
Since we may not receive or review it immediately, you and your Users should not rely on Electronic Messages if you need to communicate with us immediately. We shall have a reasonable time to act upon any Electronic Messaging request, and reserve the right to reject any transaction or request received by Electronic Messaging.
Unless you instruct us otherwise, and to the extent permitted by law, you agree that we may communicate with you by sending you Electronic Messages and that your Users will print a paper copy of all Electronic Messages you receive from us and retain them for your records. This means that we may choose to send you information including, without limitation, legally required disclosures about your accounts with us, agreements and updates and modifications to agreements and changes concerning RCU eBranch and periodic statements concerning your accounts with us, via Electronic Messaging, and that you will accept and read such Electronic Message. Any Electronic Message sent to you by us shall be considered as if sent by U.S. Mail, postage prepaid, and shall be considered received by you within three (3) days of the date sent by us, even if you have not signed on to RCU eBranch within that time frame.
K. Information We Send You
Any information you receive from us electronically is provided on a best-efforts basis and is believed to be reliable, but cannot be guaranteed. We are not responsible for any deficiencies in the accuracy, completeness, availability or timeliness of such information, or any investment or other decision you make using this information. Any notice we send your Users, whether orally, electronically or in writing, are just as effective as if sent to you at the address we have on file for you.
L. Recording and Use Of Communications
You and RCU agree that all telephone conversations and data transmitted between you and your employees, representatives or agents and RCU and its employees, representatives or agents made in connection with this Agreement may be electronically recorded and retained by either party by use of any reasonable means.
M. Our Responsibilities, Liability, Limitations On Liability, and Indemnity
In the performance of the services required by this Agreement, we shall be entitled to rely solely on the information, representations, and warranties provided by you pursuant to this Agreement, and we shall not be responsible for the accuracy or completeness thereof. We shall only be responsible for performing the services expressly provided for in this Agreement, we shall only be liable for our own negligence or willful misconduct, subject to the following limit. Our liability for our own negligence or willful misconduct is limited to direct money damages actually incurred by you in an amount not exceeding the amount of the transaction.
We shall not be liable in any case for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind, whether or not the likelihood of such damages was known or contemplated by us and regardless of the legal or equitable theory of liability that you may assert including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions pursuant to this Agreement.
We shall not be responsible for your or your User's acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any intra-financial institution transfer, bill payment order, or request to amend or cancel same received from you or your Users) nor the acts or omissions of any other person or entity including, without limitation, any Federal Reserve Financial Institution, Automated Clearing House or transmission, information or communications facility, any Receiver, Beneficiary, Intermediary Financial Institution or Receiving Depository Financial Institution and no such person will be deemed our agent.
You will indemnify us for all liabilities, costs, losses and damages of any nature, including allocated costs of staff counsel and other attorney fees, which arise out of or relate to disputes or legal actions by third parties about any action we take on a User's transaction or which result directly or indirectly, in whole or in part, from your or your Users' access of the services and performance of transactions via RCU eBranch or claims that we are responsible for any act or omission on your part or that of any other person. This indemnity does not apply to any costs, losses or damages attributable to our negligence or willful misconduct. Your obligation under this paragraph survives termination of this Agreement.
Without limiting the generality of the foregoing, we are excused from failing to act or delay in acting, and any failure to delay does not constitute a breach of this Agreement or otherwise give rise to any liability by us if (1) the failure or delay arises out of legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, natural disaster, labor dispute or other causes beyond our control, or (2) we believe our action would violate any guideline, rule or regulation of any government authority including, without limitation, failing to transmit or delay in transmitting if such transmittal would result in us having exceeded any limitation upon our intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in our reasonable judgment otherwise violating any provision of any present or future risk control program of the
Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority.
If RCU is obligated to pay compensation in the form of dividends, RCU will do so upon written demand. RCU will calculate for the relevant period as follows. For an analyzed account, RCU will use its account analysis procedures. For a non-analyzed, dividend bearing account, RCU will use the dividend rate(s) for the account. For a non-analyzed, non-dividend bearing account, RCU will use a rate equal to the average of the Federal Funds rates published by the Federal Reserve Bank of New York, less reserves.
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor any Internet or commercial on-line access or browser provider or wireless carrier (such as America Online, CompuServe, Verizon or Microsoft, collectively called "Service Providers") shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, RCU, OR by Service Provider OR by an agent or subcontractor of any of the foregoing. Nor shall we or the Service Providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, RCU eBranch, or Internet browser or access software. Neither we nor the Service Providers are responsible for any computer viruses. Further, we will only be responsible for acting on instructions sent through RCU eBranch which are actually received by us.
Except as otherwise stated in this Agreement, or as required by law, our entire liability and the liability of any Service Provider and your exclusive remedy with respect to RCU eBranch service is the replacement of any browser or software, if any, provided by us to you.
You are solely responsible for the selection, installation, maintenance and operation of your computer, mobile device, software, and connection to an Internet Service Provider, and wireless carrier.
N. No Warranties
We do not make any representations or warranties with respect to the legal effect or sufficiency, under any Federal, State or local statute or regulation or other law, of any forms, documents or other matters that we may provide to you from time to time in connection with this Agreement or the services available through RCU eBranch. NEITHER WE NOR ANY SERVICE PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE RCU eBRANCH SERVICE, SOFTWARE OR BROWSER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
O. Limitations on Export
You understand that to access the RCU eBranch service, your Users' browser software will require encryption capabilities that may be subject to strict export license requirements prior to export from the U.S. or Canada. We do not provide browser software. Your Users must obtain browser software directly from the manufacturer. You agree that your Users will not download, ship, transfer or export any browser software for other software or technical data for use with the RCU eBranch service or download a Service Provider's direct product into any country or use same in any manner prohibited by the United States Export Administration Act or the requirements of the Export Administration Regulations (15 CFR Parts 730-744) (the "EAE") or any other regulation, law or Executive Order. Further, you agree that your Users will not use RCU eBranch from any country to which the U.S. has embargoed goods. You will advise your Users of these export limitations and be responsible for any violations caused by them.
Your obligations under this provision shall remain in effect after termination of this Agreement.
P. Agreement Controls
Both you and RCU will be bound by this Agreement. If there is a conflict between this Agreement and something said by one of our employees, you agree that this Agreement controls. Any prior agreement between you and RCU concerning any subject matter contained in this Agreement is superseded by this Agreement. This Agreement constitutes the entire agreement between you and RCU concerning its subject matter.
Q. Collection Costs
RCU may collect amounts owed to us by you under this Agreement and you agree to pay RCU our reasonable expenses, including court costs and attorney fees, for enforcing our rights under this Agreement.
This Agreement does not create any agency, fiduciary, joint venture or partnership relationship between you and RCU and does not provide any rights or remedies to any person other than you and RCU.
RCU or you may delay exercising their rights without losing them. Any waiver or partial exercise of one right is not a waiver of other rights or the same right at another time.
If any provision of this Agreement, or its application to any person or set of circumstances is held invalid or unenforceable to any extent, the remainder of this Agreement, and the application of the provision to other persons or circumstances, is not impaired or otherwise affected.
NOTICE: IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU CANNOT USE RCU eBRANCH.