Transactions
involving your deposit accounts will be subject to the terms of your Membership
and Account Agreement.
3.
Service Limitations. The following limitations on TeamNet/Home
Financial Services transactions may apply:
a.
Transfers. You may make funds transfers to your accounts as often as you
like. You may transfer up to the available balance in your account at time of
the transfer, except as limited under this Agreement or your deposit agreement.
The Credit Union reserves the right to refuse any transaction that would draw
upon insufficient or unavailable funds, or lower an account below a required
balance. The Credit Union may set other limits on the amount of any transaction
and you will be notified of those limits.
b.
Account Information. The account balance and transaction history
information may be limited to recent account information involving your
accounts. Also, the availability of funds for transfer may be limited due to the
processing time for any deposit transactions and our Funds Availability Policy.
c.
E-Mail. You may use the e-mail to send messages to us. E-mail may not,
however, be used to initiate a transfer on your account or a stop payment
request. The Credit Union may not immediately receive E-mail communications that
you send and the Credit Union will not take action based on E-mail requests
until the Credit Union actually receives your message and has a reasonable
opportunity to act. If you need to contact the Credit Union immediately
regarding an unauthorized transaction or stop payment request, you may call the
Credit Union at the telephone number set forth in Section 5.
4.
Security of Access Code.
a.
Initial Access. After you have successfully completed and submitted the
TeamNet/Home Financial Services Registration Form, you will be contacted
by a representative from the Credit Union to initiate your use of the services.
To log on to our TeamNet/Home Financial Service for the initial sign-on,
you must use your PIN (Personal Identification Number). After you have
successfully accessed the TeamNet/Home Financial Service, you will then
select a specific, PIN or personal password to access the TeamNet/Home
Financial Services for future access to the system. After your initial sign-on,
you may change your PIN or password at any time by selecting the
appropriate function from the User Options menu within the TeamNet/Home
Financial Services.
b.
Security. The personal identification number or access code (“access code”)
that you select is for your security purposes. The access code is confidential
and should not be disclosed to third parties or recorded. You are responsible
for safekeeping your access code. You agree not to disclose or otherwise make
your access code available to anyone not authorized by you to sign on your
accounts. If you authorize anyone to have or use your access code, you
understand that person may use the TeamNet/Home Financial Services
service to review all of your account information and make account transactions.
Therefore, we are entitled to act on transaction instructions received using
your access code and you agree that the use of your access code will have the
same effect as your signature authorizing transactions.
c.
Authorization. If you authorize anyone to use your access code in any
manner, that authority will be considered unlimited in amount and manner until
you specifically revoke such authority by notifying the Credit Union and
changing your access code immediately. You are responsible for any transactions
made by such persons until you notify us that transactions and access by that
person are no longer authorized and your access code is changed. If you fail to
maintain or change the security of these access codes and the Credit Union
suffers a loss, we may terminate your electronic funds transfer and account
services immediately.
5.
Member Liability. You are responsible for all transfers you authorize using
the TeamNet/Home Financial Services under this Agreement. If you permit
other persons to use your access code, you are responsible for any transactions
they authorize or conduct on any of your accounts. However, tell us at once if
you believe anyone has used your access code and accessed your accounts without
your authority. Telephoning is the best way of keeping your possible losses
down. For TeamNet/Home Financial Services transactions, if you tell us
within two (2) business days, you can lose no more than $50 if someone accessed
your account without your permission. If you do not tell us within two (2)
business days after you learn of the unauthorized use of your account or access
code, and we can prove that we could have stopped someone from accessing your
account without your permission if you had told us, you could lose as much as
$500.
Also,
if your statement shows TeamNet/Home Financial Services transfers that
you did not make, tell us at once. If you do not tell us within sixty (60) days
after the statement was mailed to you, you may be liable the full amount of the
loss if we can prove that we could have stopped someone from making the
unauthorized EFT transactions. If a good reason (such as a hospital stay) kept
you from telling us, we may extend the time periods.
If
you believe your access code has been lost or stolen or that someone has
transferred or may transfer money from your account without your permission,
call:
(800)
547-7657 or (503) 251-2390
or
write:
Teamsters
Council #37 Federal Credit Union
PO Box 20849
Portland, OR 97294-0849
6.
Business Days. Our business days are Monday through Friday. Holidays are not
included.
7.
Fees and Charges. There no charges for the TeamNet/Home Financial
Services at this time. We will notify you of any changes as required by law.
8.
Transaction Documentation. Transfers transacted through TeamNet/Home
Financial Services will be recorded on your periodic statement by mail.
9.
Account Information Disclosure. We will maintain the confidentiality and
privacy of your account information. We will disclose information to third
parties about your account or the transfers you make in the following limited
circumstances:
a.
As necessary to complete transfers;
b.
To verify the existence of sufficient funds to cover specific transactions upon
the request of a third party, such as a credit bureau or merchant;
c.
To comply with government agency or court orders;
d.
If you give us your express permission.
10.
Limitation of Liability for TeamNet/Home Financial Services. If we do not
complete a transfer to or from your account on time or in the correct amount
according to our agreement with you, we will be liable for your losses or
damages. Our sole responsibility for an error in a transfer will be to correct
the error. You agree that neither we nor the service providers shall be
responsible for any loss, property damage or loss, whether caused by the
equipment, software, Credit Union, or by Online browser providers such as
Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer
browser), or by Internet access providers or by online service providers 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, download,
use, or maintenance of the equipment, software, TeamNet/Home Financial
Services or Internet browser or access software. In this regard, although we
have taken measures to provide security for communications from you to us via
the TeamNet/Home Financial Services and may have referred to such
communication as “secured,” we cannot and do not provide any warranty or
guarantee of such security. In states that do not allow the exclusion or
limitation of such damages, our liability is limited to the extent permitted by
applicable law. The Credit Union will not be liable for the following:
a.
If, through no fault of ours, you do not have enough money in your account to
make the transfer or your account is inactive.
b.
If you used the wrong access code or you have not properly followed any
applicable computer, or Credit Union user instructions for making transfer and
transactions.
c.
If your computer fails or malfunctions or the phone lines or Credit Union
computer system was not properly working and such problem should have been
apparent when you attempted such transaction.
d.
If circumstances beyond your control (such as fire, flood, telecommunication
outages or strikes, equipment or power failure) prevent making the transaction.
e.
If the funds in your account are subject to an administrative hold, legal
process or other claim.
f.
If you have not given the Credit Union complete, correct and current
instructions so the Credit Union can process a transfer.
g.
If the error was caused by a system beyond the Credit Union’s control such as
a telecommunications system, an Internet service provider, any computer virus or
problems related to software not provided by Credit Union.
h.
If there are other exceptions as established by the Credit Union.
11.
Termination of TeamNet/Home Financial Services. You agree that we may
terminate this Agreement and your TeamNet/Home Financial Services , if
you, or any authorized user of your TeamNet/Home Financial Services or
access code breach this or any other agreement with us; or if we have reason to
believe that there has been an unauthorized use of your Accounts or access code
or if you conduct or attempt to conduct any fraudulent, illegal or unlawful
transaction, or if we reasonably believe your account conduct poses an undue
risk of illegality or unlawfulness.
You
or any other party to your account can terminate this Agreement by notifying us
in writing. Termination of service will be effective the first business day
following receipt of your written notice. Termination of this Agreement will not
affect the rights and responsibilities of the parties under this Agreement for
transactions initiated before termination.
12.
Notices. The Credit Union reserves the right to change the terms and
conditions upon which this service is offered. The Credit Union will notify you
at least twenty-one (21) days before the effective date of any change, as
required by law. This means we will mail you notice or if you have consented to
electronic disclosures, we will send it to the e-mail address you have
designated. Use of this service is subject to existing regulations governing the
Credit Union account and any future changes to those regulations.
13.
Statement Errors. In case of errors or questions about your TeamNet/Home
Financial Services transactions, contact us by: telephone at the phone numbers
or write us at the address set forth in Section 4, as soon as you can. We must
hear from you no later than sixty (60) days after we sent the first statement on
which the problem appears.
If
you tell us orally, we may require that you send us your complaint or question
in writing within ten (10) business days.
We
will tell you the results of our investigation within ten (10) business days
after we hear from you and will correct the error promptly. For errors related
to transactions occurring within thirty (30) days after the first deposit to the
account (new accounts), we will tell you the results of our investigation within
twenty (20) business days. If we need more time, however, we may take up to
forty-five (45) calendar days to investigate your complaint or question (ninety
(90) calendar days for new account transaction errors, or errors involving
transactions initiated outside the United States). If we decide to do this, we
will re-credit your account within ten (10) business days for the amount you
think is in error, so that you will have the use of the money during the time it
takes us to complete our investigation. If we ask you to put your complaint or
question in writing and we do not receive it within ten (10) business days, we
may not recredit your account.
If
we decide after our investigation that an error did not occur, we will deliver
or mail to you an explanation of our findings within three (3) business days
after the conclusion of our investigation. If you request, we will provide you
copies of documents (to the extent possible without violating other members’
rights to privacy) relied upon to conclude that the error did not occur.
14.
Other General Terms.
a.
Other Agreements. In addition to this Agreement, you agree to be bound by
and will comply with all terms and conditions applicable to your relationship
with the Credit Union, as described in the Membership and Account Agreement,
prior receipt of which you acknowledge.
b.
Severability. In the event that any portion of this Agreement is held by a
court to be invalid or unenforceable for any reason, the remainder of this
Agreement shall not be invalid or unenforceable and will continue in full force
and effect. All headings are intended for reference only and are not to be
construed as part of the Agreement.
15.
Enforcement. You agree to be liable to the Credit Union for any liability,
loss, or expense as provided in this Agreement that the Credit Union incurs as a
result of any dispute involving your accounts or services. You authorize the
Credit Union to deduct any such liability, loss, or expense from your account
without prior notice to you. This Agreement shall be governed by and construed
under the laws of the state of Oregon as applied to contracts entered into
solely between residents of, and to be performed entirely in, such state. In the
event either party brings a legal action to enforce the Agreement or collect any
overdrawn funds on accounts accessed under this Agreement, the prevailing party
shall be entitled, subject to Oregon law, to payment by the other party of its
reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy
proceedings, and any post-judgment collection actions, if applicable. Should any
one or more provisions of this Agreement be determined illegal or unenforceable
in any relevant jurisdiction, then such provision be modified by the proper
court, if possible, but only to the extent necessary to make the provision
enforceable and such modification shall not affect any other provision of this
Agreement.
TEAMNET/ HOME FINANCIAL SERVICES AGREEMENT &
DISCLOSURES -- ©2000 Teamsters Council #37 Federal Credit Union/Farleigh, Wada
& Witt, P.C. 12/20/2000
