Legal Information
Envision Financial - Internet Banking AGREEMENT
In exchange for Envision Credit Union permitting the Member to use the Internet
Banking services, the Member agrees as follows:
1. Definitions
"Account" - means any account under any membership held by
the Member with Envision Credit Union;
"Internet Banking"
- means all of the services available through the use of the PAC in combination
with the Equipment, currently known as MemberDirect® Internet Banking;
"Equipment" - means the equipment, such as personal
computer equipment which when used in combination with an Internet browser and
the PAC, permit access to the Internet Banking services;
"PAC" - means the personal access code selected by
the Member for the Member's use, which when used with the Equipment and an Internet
browser, permits access to the Internet Banking services;
"Signing Authority" - means any person authorized
to sign on an Account;
"Transaction" - means any transaction performed using
any of the Internet Banking services.
2. Use of Internet Banking Services
The Member may use the Internet Banking services to access any permitted Account
and to conduct Transactions as may be permitted with respect to any such Account.
When using the Internet Banking 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 Envision Credit Union in effect from time to time with respect
to the use of the Internet Banking 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 Envision Credit Union to debit or credit,
as the case may be, the amount of any Transaction to the Account or Accounts
designated by the Member at the time of the Transaction, in accordance with
Envision Credit Union's normal practices. Envision Credit Union's practices
respecting the debiting or crediting of any Transaction under any of the Internet
Banking 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 Envision Credit Union for all liability or loss arising out of any
such Transaction.
3. Limitations
The Member agrees that the Internet Banking services will be available only
on an "as is" and "as available" basis.
Envision Credit Union offers the Internet Banking services in order to improve
the accessibility of Envision Credit Union to its Members. However, the provision
of Internet Banking services is dependent in part on communication lines and
other third party equipment and services. The member agrees Envision 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 or failure
to provide services or the malfunction or failure to operate any software or
equipment for any reason whatsoever.
In no event will Envision Credit Union be liable for any personal injury, or
property damage or any loss of business or profit or other indirect or consequential
damages whatsoever. Envision 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 Envision 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 the Internet banking
services. Envision Credit Union uses industry standard security techniques that
include Secure Socket Layer (SSL) and encryption to help ensure that the Member's
personal and financial information is protected while in transit between the
Equipment and the Envision Credit Union Server. Envision Credit Union cannot
accept responsibility for interception of Internet communications by third parties.
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 voicemail or e-mail.
For security reasons, Envision Credit Union recommends that each Member change
their PAC on a regular basis, such as every 90 to 120 days. Further, Envision
Credit Union recommends that Members do not use numbers that are part of their
PIN, easy to guess or that are based on personal information. 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.
5. Transaction Verification and Records
All Transactions are subject to verification and acceptance by Envision 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.
Envision Credit Union's records of each Transaction, and Envision 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 Internet banking services will be for the Member's convenience
only. If the Member believes that Envision Credit Union's records contain an
error or omission, the Member must give written notice of the suspected error
or omission to Envision Credit Union within the time provided in the Application
for Membership and Account Operation Agreement between the Member and Envision
Credit Union for the relevant Account or Accounts.
If Envision Credit Union does make an error or omission for any reason, with
respect to the recording of any transaction, the liability of Envision 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 Envision
Credit Union. Specifically, the member agrees that Envision 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 delay or inconvenience whatsoever
caused by or arising from any such error or omission.
6. Service Fees
Envision Credit Union will establish service fees for use of the Internet Banking
services and/or for conducting Transactions and may change these service fees
from time to time. The Member authorizes Envision 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), once the PAC
is used by the Member to conduct a Transaction by accessing the Internet Banking
services the Member may not revoke or stop any such Transaction once the Transaction
request has been processed.
When the Member uses the Internet Banking 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. Envision 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. Envision Credit Union will not be responsible or obligated to retrieve
or return such funds to the Member.
Envision Credit Union reserves the right to apply daily limits and transaction
limits.
8. Member's Liability
The Member agrees to notify Envision Credit Union immediately, in writing, if
his or her PAC becomes known to anyone other than the Member.
The Member is liable for all unauthorized use of the PAC until such notification
is made and acknowledged, in writing, by Envision Credit Union. Until the Member
receives Envision Credit Union's acknowledgment, notification is not deemed
to have been received by Envision Credit Union.
9. Termination
Envision Credit Union may at any time without notice withdraw permission to
use any of the Internet Banking services, or cancel or alter any of the Internet
Banking services without being liable for any loss resulting from such action.
The termination of Internet banking services for any reason will not relieve
the Member of any obligations under this Agreement with respect to the Internet
Banking services.
10. Changes to Agreement
Envision Credit Union can add to or change the terms and conditions of this
Agreement from time to time, but Envision 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 Envision Credit Union, or in the form of a notice displayed
at all Envision Credit Union branches, or in the form of a notice displayed
on the login screen accessed when using the Internet Banking services. If the
Member continues to use any of the Internet Banking 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.
11. Other Agreements
The terms and conditions of the Application for Membership and Account Operation
Agreement with Envision Credit Union and any other conditions or agreements
between the Member and Envision Credit Union regarding any Accounts shall remain
in full force and effect and shall 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 Envision Credit Union will prevail
over this Agreement.
12. Execution
This Agreement may be executed in several counterparts or electronically. When
executed in counterparts, each counterpart shall be deemed to be original and
such counterparts together shall constitute one and the same instrument and
notwithstanding the date of execution shall be deemed to bear date as of the
date written on the counterpart Agreement. When executed electronically, use
of Internet Banking services shall be deemed to be acceptance of the terms and
conditions hereof as of the date of first use.
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 Internet Banking services with respect to that Account.