|
KEEPING YOUR ACCOUNT
CONFIDENTIAL
Personal Access Code Protection
Personal Information Protection
Examine Your Statement
HOW TO REACH US
Business Days
E-mail
ELECTRONIC BANKING
DISCLOSURE
Account Access
Limitations on Fund Transfers
From Savings Accounts
Disclosure of Information to
Third Parties
In Case of Errors or Questions
About Your Electronic Transfers
Lost or Stolen Card or Access Code
Incomplete Transfer of Funds
MISCELLANEOUS FEES AND
CHARGES
OTHER GENERAL TERMS
I. Introduction
This Disclosure and Agreement
("Disclosure") for
accessing your NOCCU accounts using NOC OnLine is provided for your
information. Please read it carefully as it pertains to your accounts
and the NOC OnLine home banking services. For the purpose of this Agreement, the terms
"we," "us," "our," "NOCCU,"
and "credit union" refer to North Orange County Credit Union. "You"
and "your" refers to our Members, account owners and anyone
authorized to use NOC OnLine.
This Disclosure applies to any electronic
funds transfer made to or from your accounts via NOC OnLine.
Each time you access your NOCCU account(s) through
NOC OnLine you confirm your agreement to abide by this Disclosure and acknowledge your receipt and
understanding of this disclosure. Permitting another person to use your
personal access code confirms your agreement to the terms of this
Disclosure and Agreement. Furthermore, you agree that your use
of NOC OnLine and your obligations under this Disclosure means that you
are consenting to the electronic delivery to you by NOCCU of all
disclosures and other information required by law. We may change terms
or amend this Disclosure from time to time without notice or as otherwise
provided by law. NOC OnLine services can be used to access certain NOCCU
accounts. Each of your accounts at NOCCU is also governed by
the applicable account disclosure statement (prior receipt of which you
acknowledge).
This Agreement will be governed by and
interpreted in accordance with federal law and regulation, and to the
extent that there is no applicable federal law or regulation, by the
laws of the State of California. To the extent permitted by applicable
law, you agree that any legal action regarding this Agreement shall be
brought in the county in which the credit union is located.
return to top
II. Keeping Your Account
Confidential
A. Personal
Access Code Protection
For your protection, we recommend that
you regularly change your personal access code used to access NOC OnLine. You can change your access code using the
Other Options menu.
You agree to hold your personal access code in strict confidence and
you will notify us immediately if your personal access code is lost or
stolen. You are responsible for keeping your personal access code and account
information confidential. If you disclose your personal access
code to anyone, you understand that you have given them access to your
accounts via NOC OnLine and that you are responsible for the
transactions they conduct.
B. Personal
Information Protection
In addition to protecting your personal
access code and account information, you should also protect your
personal identification information, such as your driver's license,
Social Security Number, etc. This information, alone or together with
information on your account, may allow unauthorized access to your
account. It is your responsibility to protect your personal
information with the same level of care that you protect your account
information.
C. Examine
Your Statement
We do not provide you with a separate
written confirmation for individual transactions made through NOC
OnLine. Confirmation is available through your online account
information and your periodic statements.
You will get a monthlyaccount statement
(unless there are no transfers in a particular month). In
any case, you will get a statement at least quarterly.
You must promptly review your statement
upon receipt. See In Case of Errors or Questions
About Your Electronic Transfers.
return to top
III. How to Reach Us
A.
Business Days
Our business days and hours are: Monday
through Friday 9:30 a.m. to 5:30 p.m. PST, excluding holidays. You can contact us by visiting our
office during normal business hours or by telephoning (714) 871-8400.
Our representatives are available Monday through Friday, 9:30 a.m. to
5:30 p.m. PST, excluding holidays. Calling us is the best way to report
any problems or to get questions answered. If you cannot call us or
come in person, you can write to us at: North Orange County CU, P.O.
Box 4179, Fullerton, CA 92834.
B. E-mail
Sending e-mail through our web site is
one way to communicate with us. We have provided e-mail links for you
to ask general questions or give comments regarding our web site or NOC OnLine
service.
Please note that e-mail is not initiated from a
secure session. To ensure the security of your account information,
you cannot use e-mail to initiate transactions on your account(s) or
to request action from us such as stop payment on a check you have
written. In
addition, we recommend that you contact us by telephone to report any
problems or ask questions about your account. Further, do not include
personal information such as your social security number or account
number in any email to us. We will never email you asking you to
verify this information. We respond to e-mail during regular business
hours.
return to top
IV. Electronic Banking
Disclosure
A. Account
Access
NOC OnLine
is a service provided to
our Members. By using a computer equipped with a modem, communications
software and an Internet service provider along with your personal access code, you
can access NOC OnLine and conduct the following transactions:
- Make inquiries
- Check account balances
- View recent check images
- Request a copy of a check
- Reorder checks
- Transfer funds between your savings,
checking, money market, and loan accounts
- Access your current or past monthly
transaction history
- Request a withdrawal by check
- Download account transaction history
into personal financial management software, such as Quicken and
Microsoft Money
Services or transactions available may be added or
canceled at any time. We will update this Disclosure to notify you of
the existence of these new services. By using these services when they
become available, you agree to be bound by the rules contained in this
Disclosure.
NOC OnLine
is available seven days a
week, 24 hours a day. However, from time to time some or all of NOC OnLine
services may not be available due to system maintenance or
upgrades. During such times, you may be able to use TellerPhone (our
automated 24 hour service), or call or
visit our office. (See How to Reach Us for
business hours.)
return to top
B.
Limitations on Funds Transfers from Savings Accounts
Pursuant to federal regulations, you
are limited as to the number of certain transactions you can make on
your savings and money market accounts. Transfers from your savings
and money market accounts to another account of yours or to a third
party by means of a pre-authorized or automatic transfer or telephonic
or online transfer or instruction will be
limited to a total of six (6) in any one month. You may transfer any
available balance, unless limited under another agreement.
Online transfers are transfers from
savings to checking initiated through NOC OnLine. Telephone
transfers are transfers from savings to checking initiated by a
personal telephone call or by using TellerPhone. Preauthorized
transfers are transfers made according to a specific agreement between
a Member and us or another party. (Examples of preauthorized transfers
are automatic overdraft transfers from savings to checking, or regular
electronic payments from savings made to a third party, such as health
clubs, insurance companies, etc.)
You may transfer any available balance,
unless limited under another agreement.
C.
Posting of Transactions
Transactions made on any business day
are posted immediately. Transactions made on weekends or
holidays are posted to your account immediately, but are recorded, for
purposes of calculating dividends, on the following business
day.
D. Illegal,
Fraudulent or Improper Activity
You agree not to use NOC OnLine or the
Credit Union's website for any illegal, fraudulent or improper
activity including, but not limited to, gambling or linking of the
Credit Union's website to any other website. If we, or any
service provider, suspect that you may be engaged in or have engaged
in a fraudulent, illegal or improper activity, your access to the
Credit Union's website and NOC OnLine may be suspended or terminated,
without advance notice. You agree to cooperate fully with us to
investigate any suspected illegal, fraudulent or improper activity.
E..
Disclosure of Information to Third Parties
We will disclose information about your
account or the transactions you engage in to third parties only when one of the following conditions
exist:
- when necessary to complete a
transaction requested by you
- in order to verify the existence and
status of your account(s), such as for a retail merchant or credit
reporting agency
- in order to comply with government
agencies or court orders
- if you give us written permission
- in accordance with our privacy
policy
return to top
F. In Case of Errors or
Questions About Your Electronic Transfers:
Telephone us at (714) 871-8400, or write
to us at the address shown in How to Reach Us as
soon as you can if you think your statement or receipt is wrong, or if
you need more information about a transaction listed on your statement
or transaction receipt. We must hear from you no later than 60 days
after we sent the FIRST statement on which the problem or error
appeared.
In order to help you with your
questions, we will need the following information:
- your name, account number, and
transaction date in question
- the situation you are unsure about,
and why you believe there is an error or why you need more
information
- the dollar amount of the suspect
transaction
If you tell us orally, we may require
that you send us your complaint or question in writing within 10
business days.
In most instances you will receive the
results of our investigation within 10 business days and we will
correct any error promptly. If we need more time, however, we may take
up to 45 calendar days to investigate your question. If we do this, we
will provisionally credit your account within 10 business days for the
amount you think is in error so that you will have the use of the
money during the investigative period. If we ask you to put your
complaint or question in writing and we do not receive it within 10
business days of our request, we may not provisionally credit your
account. The 10 business day and 45 calendar day time periods will be
extended to 20 business days and 90 calendar days, respectively, for a
claim made within 30 calendar days after an account is opened
("new account"), any transaction initiated at a point-of-sale or ATM location, or a
transaction made outside the United States.
For new accounts, we may take up to 20
business days to credit your account for the amount you think is in
error.
If we decide there was no error, we will send you a written explanation
within three business days following our decision, based on our
investigation. You may ask for copies of the documents that we used in
our investigation.
return to top
G. Lost or
Stolen Access Code:
Tell us AT ONCE, if you believe your personal access
code has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission. Telephoning
is the best way of keeping your possible losses down. You could
lose all the money in your account and, if applicable, your overdraft
line of credit. Telephone us
at (714) 871-8400, or write to us at the address shown in How
to Reach Us as soon as you can.
If you tell us within two (2) business
days, you can lose no more than $50 if someone used your personal
access code without your permission.
If you do NOT tell us within two (2)
business days after you learn of the loss or theft of your personal
access code and we can prove that we could have stopped someone from
using your personal access code 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
60 days after the statement was mailed to you, you may not get back
any money you lost after 60 days if we can prove that we could have
stopped someone from taking the money 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.
If you authorize someone else to use
your NOC OnLine personal access code, you are responsible for all
transactions which that person initiates at any time, even if the
amount of the transaction or number of transactions exceeds what you
authorized.
return to top
H. Our
Liability for Failure to Complete Transactions:
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 and damages.
However, there are some exceptions. 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 account is frozen because of
a court order or a similar reason.
- If your PIN or Access Code has been
reported lost or stolen and we have blocked the account(s).
- If the failure to complete the
transfer is done to protect the integrity of the system and/or
protect the security of your account(s).
- If we receive incorrect or
incomplete information from a government agency, an automatic
clearing house, or any other parties or entity.
- You are in default on an account you
are attempting a transfer.
- You fail to properly follow NOC
OnLine applicable software instructions on how to make a transfer.
- There is a malfunction in your
personal computer, browser and/or software.
- The transfer could not be completed
due to system unavailability or a telecommunication or Service
Provider failure.
- If the system was not working
properly and you knew about the breakdown when you started the
transfer.
- If circumstances beyond our control
(such as fire or flood) prevent the transfer, despite reasonable
precautions that we have taken.
- There may be other exceptions stated
in an agreement we have with you.
return to top
V. Miscellaneous Fees and
Charges
There are no fees or charges for
accessing your account through NOC OnLine service. Other fees as described
in the Schedule
of Fees and Charges, prior receipt of which you acknowledge, may
apply for services you transact online.
Please note that fees, such as Internet
access fees or telephone line charges, may be assessed and billed
separately by your online service provider or phone company.
return to top
VI. Termination and
Amendment
Except where advance notice is required
by law, the Credit Union may terminate your rights to make electronic
fund transfers via NOC OnLine at any time or amend the terms of this
Disclosure, or cancel this Disclosure or the NOC OnLine service at any
time. Amendments to this Disclosure will be effective when
indicated and will be posted on our web site and/or mailed to
you. You may, by written notice to us and by actually
discontinuing use of NOC OnLine, terminate your NOC OnLine
service. Termination by any one account owner will be binding on
all account owners and we are not required to notify other account
owners of the termination. We may suspend or terminate your NOC
OnLine service if there are insufficient funds in any one of your
accounts or if any of your accounts are not in good standing.
Termination of NOC OnLine does not terminate your account(s) or
agreements with us and will not affect your authorization for
transfers and payments made prior to termination.
VII. Other
General Terms
Other Agreements - In addition to this
Disclosure, you agree to be bound by and will comply with all
disclosures and agreements applicable to your account with NOCCU,
as described in "Important Account Information for Our Members," prior
receipt of which you acknowledge. All agreements applicable to
your various accounts, certificates or loan relationships with the
Credit Union are applicable to all transactions initiated by your
personal access code, except that if any such account is an account
requiring two or more signatures, all signature requirements are
hereby waived by you and any other parties may withdraw funds in
connection with a transaction initiated by the use of your personal
access code and each party agrees to be bound by the transaction.
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.
Disclosure Controls - Both you and the
Credit Union will be bound by this Disclosure. If there is a
conflict between this Disclosure and something said by one of our
employees, you agree that this Disclosure controls. You should
refer to the paper version of the Credit Union's Electronic Services
Disclosure and Agreement, which you acknowledge you have received, for
disclosures applicable to all of the Credit Union's electronic fund
transfer Services.
Collection Costs - The Credit Union may
collect amounts owed to us by you under this Disclosure and you agree
to pay the Credit Union our reasonable expenses, including court costs
and attorney fees, for enforcing our rights under this Disclosure.
Available to U.S. Residents - Our
financial services through our website are offered only to residents
of the United States and its
territories.
Our Liability - Except as specifically
provided in this Disclosure 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, NOCCU, OR by Internet browser
providers such as Netscape (Netscape Navigator) and Microsoft
(Microsoft Explorer), 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, NOC OnLine 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 NOC OnLine and may have referred to such communication as
"secured," we cannot and do not provide any warranty or
guarantee of such security. We will only be responsible for
acting on instructions sent through NOC OnLine that are actually
received by us. In those states that do not allow for the
exclusion or limitation of liability for consequential or incidental
damages, our liability is limited to the extent permitted by law.
NO WARRANTIES: NEITHER WE NOR ANY SERVICE PROVIDER MAKES ANY
EXPRESS OR IMPLIED WARRANTIES CONCERNING THE NOC ONLINE 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.
return to top
Indemnification - To the extent
permitted by law, you agree to indemnify, defend and hold us and our
directors, officers, employees and agents harmless from and against
any damage, loss or liability of any kind which we may incur
including, without limitation, our reasonable attorneys' fees and
court costs that result directly or indirectly, in whole or in part,
from your access of the services and performance of transactions via
NOC OnLine.
Notices - Any notice we send you will
be effective when mailed to your last known street address as shown on
the Credit Union's records or if you have agreed to receive
communications electronically, your last known e-mail address as shown
on the Credit Union's records.
Copy Received - You acknowledge receipt
of a copy of this Disclosure.
NOTICE: IF YOU DO NOT AGREE TO
THE TERMS OF THIS DISCLOSURE, DO NOT USE THE NOC ONLINE SERVICE.
If
you click "I agree" below you will be giving your agreement
to this Disclosure.
| We invite you to print a
copy of this NOC OnLine Disclosure and Agreement and retain it for
your records. If you ask, we will mail you a hard copy of the NOC OnLine
Disclosure and Agreement. |
|
|
|