COAST CAPITAL SAVINGS CREDIT UNION DIRECT ACCESS SERVICES AGREEMENT
This Coast Capital Savings Credit Union Direct Access Services Agreement, (the "agreement"), replaces all previous Direct Access Services agreements between the Member and Coast Capital Savings Credit Union ("the Credit Union") governing the use of the Computer Services. In exchange for the Credit Union permitting the Member to use the Computer Services, the Member agrees as follows:
1. DEFINITIONS
'Account' means any personal or business account under any membership held by the Member, by the Member together with other Members, or by another Member under which the Member is an authorized signatory.
'Computer Services' means all of the services available through the use of the PAC together with the Software and/or Equipment, currently known as Pacific Coast Direct ®, Pacific Coast Direct Business ®, or null Net, or any combination of these.
'Credit Union' means Coast Capital Savings Credit Union.
'Equipment' means the equipment, such as a personal computer which, when used in combination with the Software and the PAC or an Internet browser such as Microsoft Internet Explorer ® or Netscape Navigator ® and the PAC, permit access to the Computer Services.
'Member' means any shareholder under any the Credit Union membership including a sole Member or a joint Member as well as an individual who is an authorized signatory to the account of a Member whether or not that individual is a shareholder under the Credit Union Membership.
'PAC' means the personal access code selected by the Member for the Member's use, which when used with Equipment and the Software or with an Internet browser such as Microsoft Internet Explorer ® or Netscape Navigator ® permits access to the Computer Services.
'Signing Authority' means any person authorized to sign on an Account.
'Software' means the Pacific Coast Direct ® or any other proprietary software belonging to the Credit Union which in combination with the Equipment and the PAC permit access to the Computer Services, and includes all upgrades, revisions, releases and new versions of such computer software which the Credit Union makes available to the Member from time to time.
'Transaction' means any transaction performed using any of the Computer Services.
2. USE OF COMPUTER SERVICES
The Member may use the Computer Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the Computer Services, the member will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the Computer Services.
When a PAC is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount specified in any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with the Credit Union's normal practices. The Credit Union's practices respecting the debiting or crediting of any Transaction under any of the Computer Services may be revised from time to time with or without notice to the Member.
The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify the Credit Union for all liability or loss or both arising out of any such Transaction.
3. LIMITATIONS
The Member agrees that the Computer Services will be available only on an 'as is' and 'as available' basis.
The Credit Union offers the Computer Services in order to improve the accessibility of the Credit Union to its Members. However, the provision of Computer Services is dependent in part on communication lines and other third party equipment, services and software. The member agrees the Credit Union will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of services or the failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the Credit Union be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damage whatsoever.
The Credit Union strictly manages access to its Member services and financial systems and databases using technological and procedural systems to ensure security is not breached. This includes physically securing all the Credit Union computer hardware and telecommunications systems. Internet communication involves a risk of interception by third parties. The Member must share in the responsibility for the security of Computer Services. The Credit Union uses industry standard security techniques which include Secure Socket Layers (SSL) and encryption to help ensure that the Member's personal and financial information is protected while in transit between the Equipment and the Credit Union Server.
While the Credit Union's Internet Banking is available using both 40 and 128-bit versions of Netscape Navigator ® and Microsoft Internet Explorer ®, the Credit Union strongly recommends that Members use 128-bit encryption as the strongest publicly-available encryption protection today. the Credit Union cannot accept responsibility for interception of Internet communications by third parties. "E-mail" transmissions are particularly vulnerable as they are not protected by encryption, so confidential information should not be transmitted by e-mail.
4. CONFIDENTIALITY OF PAC
The PAC is for the Member's use alone and may not be assigned or transferred. The Member agrees to keep the PAC confidential and not to disclose it to any person other than to a Signing Authority on the Account. The Member agrees not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voice mail or e-mail. For security reasons, the Credit Union recommends that all Members regularly change their PAC every 90 or 120 days. Further, the Credit Union recommends that Members do not use numbers that are part of their PIN, easy to guess (such as 12345) or that are based on personal information (avoid Member birth date, address, phone number, social insurance number, or similar information about family or friends). If the PAC becomes known to other than a Signing Authority on the Account, confidential information about the Member's Account may be accessed and Accounts could be debited.
It is the responsibility of each Member with a Business Account to ensure that the PAC is immediately changed each time an authorized signatory on a Business Account is changed, in addition to ensuring that the other documentation required by the Credit Union in order to add or change an authorized signatory is completed.
5. TRANSACTION VERIFICATIONS AND RECORDS
All Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Member authorized the Transaction, which may affect the Transaction date.
The Credit Union's records of each Transaction, and the Credit Union 's accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of a Transaction generated for the Member as part of the Computer Services will be for the Member's convenience only. If the Member believes that the Credit Union 's records contain an error or omission, the Member must give written notice of the suspected error or omission to the Credit Union within the time provided in the Application for Membership and Account Operation Agreement between the Member and the Credit Union for the relevant Account or Accounts.
If the Credit Union does make an error or omission for any reason, with respect to the recording of any Transaction, the liability of the Credit Union will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to the Member by the Credit Union. Specifically, the Member agrees that the Credit Union will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or any delay or inconvenience whatsoever caused by or arising from any such error or omission.
6. SERVICE FEES
The Credit Union will establish service fees for use of the Computer Services and/or for conducting Transactions and may change these service fees from time to time. The Member authorizes the Credit Union to deduct any applicable service fees from any Account.
7. TRANSACTION PROCESSING
Except for those Transactions which are authorized to take effect on a future date (which can be revoked or countermanded prior to such date), and current dated bill payments (which can be revoked on the same day the payment is made), once the PAC has been used to access Computer Services and effect a Transaction, the Member cannot revoke or stop any such Transaction once the Transaction request has been processed.
When the Member uses the Computer Services to make bill payments from the Account, transfer funds to another member's account or otherwise transfer funds out of the Account, the Member is responsible for ensuring the accuracy of any billing account number, member account numbers or other recipient account numbers to which the Member intends to transfer funds. The Credit Union will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient resulting from the Member providing the wrong account number. The Credit Union will not be responsible or obligated to retrieve or return such funds to the Member.
The Credit Union reserves the right to apply daily limits and transaction limits. Transactions made from any Account in a foreign currency will be deducted from that Account in Canadian dollars. Conversion will be made at the exchange rate determined by the Credit Union on the day the Transaction is charged to the applicable Account.
8. SOFTWARE LICENCE - Pacific Coast Direct ® or Pacific Coast Direct Business ®
If the Member wishes to use the Computer Services on a dial direct into the Credit Union's system, the Member must obtain a copy of the Pacific Coast Direct ® computer software from the Credit Union. The Credit Union grants the Member a licence to use one copy of the Software in computer-readable form only. The Member will use the Software only for the purpose of using the Computer Services to access any Account and to request Transactions. The Member agrees to keep the Software confidential and not to use it or disclose it except for the purposes set out in this Agreement. The Member will use the Software only in accordance with the Credit Union's instructions in effect from time to time, including as set out in the instruction manual provided by the Credit Union in or with the Software and/or Equipment. The Member agrees not to copy any part of the manual. The Member has no rights in or to the Software other than the limited licence to use the Software as set out in this agreement.
The Member agrees not to copy or modify the Software or to reverse engineer, decompile or disassemble the Software or try to do so. The Member will not assign, transfer, rent, loan or sell the Software to anyone. If the Credit Union makes available a new version of the Software, the Credit Union may not support the prior version of the Software after 90 days from the newest release.
The Credit Union makes no representations or warranties with respect to the Software, which is provided 'as is'. The Member waives and the Credit Union disclaims all warranties and conditions express or implied with respect to the Software and its use by the Member, including without limitation any warranty or condition of merchantable quality, durability, performance, title or fitness for a particular purpose.
9. MEMBER'S LIABILITY
The Member agrees to notify the Credit Union immediately, in writing, if their PAC becomes known to anyone other than the Member.
The Member is liable for all unauthorized use of the PAC (whether fraudulent or otherwise) until such notification is made and acknowledged, in writing, by the Credit Union. Until the Credit Union 's acknowledgment is received by the Member, notification will be conclusively deemed not to have been received by the Credit Union.
10. TERMINATION
The Credit Union may at any time without notice withdraw permission to use any of the Computer Services, or cancel or alter any of the Computer Services without being liable for any loss resulting from such action. If the Credit Union withdraws permission to use the Computer Services, or if the Member no longer wishes to use the Computer Services, the Member will immediately return to the Credit Union any Software and instruction manuals received by the Member, and any Equipment provided to the Member by or on behalf of the Credit Union. The Software licence granted in this Agreement will be terminated effective upon the withdrawal of the Computer Services by the Credit Union. The termination of Computer Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the Computer Services.
11. CHANGES TO AGREEMENT
The Credit Union can add to or change the terms and conditions of this Agreement from time to time, but the Credit Union will give at least 30 days notice of any such additional or amended terms and conditions. Such notice may be given to the Member either in writing addressed to the last address provided by the Member to the Credit Union, or in the form of a notice displayed at all the Credit Union branches, or in the form of a notice displayed on the sign-on screens accessed when using the Computer Services. The 30 day notice will run from the date a notice is mailed or is first displayed at the branch or on sign-on screens. If the Member continues to use any of the Computer Services after the effective date of any additional or amended terms or conditions to this agreement, then the Member will be deemed to have accepted such additional or amended terms or conditions.
12. OTHER AGREEMENTS
The terms and conditions of the Application for Membership and Account Operation Agreement with the Credit Union and any other conditions or agreements between the Member and the Credit Union regarding any Accounts will remain in full force and effect and will apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Application for Membership and Account Operation Agreement between the Member and the Credit Union will prevail over this Agreement. This Agreement supersedes any Direct Access Services Agreement the Member may previously have entered into with the Credit Union.
13. GENERAL
If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Computer Services with respect to that Account. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect. This Agreement is binding upon the Member and the Member's heirs, personal representatives, and assigns. This Agreement is binding upon and will continue for the benefit of the Credit Union, its successors and assigns.
This Agreement is adopted by the Member signing a paper version of it, inserting the Member access code where prompted, or in accordance with paragraph 11 above. The Member agrees to comply with and be bound by the terms and conditions of this Agreement, and agrees to use the Computer Services only in accordance with the terms and conditions of this Agreement. The Member also acknowledges having received a true copy of this Agreement either from the branch or from the null Net Website or the Pacific Coast Direct ®, dial in banking system as the case may be.