Disclosures & Fees

External Transfer Agreement

Credit Card Agreement – Business

Credit Card Agreement – Consumer

E-Sign Act Disclosure and Consent

What you need to know about Online Banking

What is a one-time security code?

It is a randomly generated one-time code we provide from 32858. You enter it before completing certain transactions to prevent fraudulent transactions and unauthorized access to your financial information.

Why is a one-time security code needed?

It is an extra layer of online banking protection that ensures that your funds and financial information are safe. By requiring the entry of a one-time code and the use of a phone you have on record with us, fraud is prevented even if an unauthorized user learns your online banking user ID and password. It also ensures that you are notified if an unauthorized user attempts to access your account information or complete transactions without your knowledge.

How do I use a one-time security code?

It is easy! We’ll give you the one-time code and you are asked to enter it when the code is sent by text to the cellphone number on record with us.

Do I need to save the code?

No. Once the code is entered, it is not needed again.

Terms of Use

For Text Message (SMS)

1. Your wireless carrier’s standard messaging rates apply to SMS correspondence. IC Credit Union does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
2. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
3. We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
4. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
5. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies.
6. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document.
7. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
8. The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
9. The service is available only in the United States.
10. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
11. If you have any questions, email IC Credit Union. You can also text the word HELP to 49794 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 49794. We do not charge for help or info messages; however, your normal carrier rates apply.

END USER TERMS

This service is provided to you by IC Credit Union and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and IC Credit Union. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

Thank you for using IC Credit Union Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 49794. To cancel your plan, text “STOP” to 49794 at any time. In case of questions please contact customer service at [email protected] or call 800-262-1001.

TERM AND CONDITIONS

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from IC Credit Union. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by IC Credit Union and not by any other third party. You and IC Credit Union are solely responsible for the content transmitted through the text messages sent to and from IC Credit Union. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

REMOTE DEPOSIT CAPTURE AGREEMENT

This Agreement contains the terms and conditions for the use of IC CREDIT UNION Mobile Deposit and/or other remote deposit capture services that IC CREDIT UNION may provide to you (“you,” or “User”). Other agreements you have entered into with IC CREDIT UNION, including the Depository Agreement and Disclosures governing your IC CREDIT UNION account, are incorporated by reference and made a part of this Agreement.

1. 1. Services. The mobile deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from your mobile device by taking a picture of the front and back of the check and delivering the images and associated deposit information to IC CREDIT UNION or IC CREDIT UNION’s designated processor. Service Charges may apply and will be referenced in the Schedule of Service Charges as revised from time to time and available at www.iccreditunion.org.
   2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, IC CREDIT UNION reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
   3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
   4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to IC CREDIT UNION shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Massachusetts.
      You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
      • a. Checks or items payable to any person or entity other than you.
      • b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
      • c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
      • d. Checks or items previously converted to a substitute check, as defined in Reg CC.
      • e. Checks or items drawn on a financial institution located outside the United States.
      • f. Checks or items that are remotely created checks, as defined in Reg CC.
      • g. Checks or items not payable in United States currency.
      • h. Checks or items dated more than 6 months prior to the date of deposit.
      • i. Checks or items prohibited by IC CREDIT UNION’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your IC CREDIT UNION account.
   5. Image Quality. The image of an item transmitted to IC CREDIT UNION using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
   6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For deposit only, IC CREDIT UNION account #______” or as otherwise instructed by IC CREDIT UNION. You agree to follow any and all other procedures and instructions for use of the Services as IC CREDIT UNION may establish from time to time.
   7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from IC CREDIT UNION that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
   8. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after IC CREDIT UNION receives payment for the funds submitted. IC CREDIT UNION may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as IC CREDIT UNION, in its sole discretion, deems relevant.
   9. Disposal of Transmitted Items. Upon your receipt of a confirmation from IC CREDIT UNION that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented”, “Deposited” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to IC CREDIT UNION as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for IC CREDIT UNION’s audit purposes.
   10. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
   11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by IC CREDIT UNION from time to time. See IC Credit Union.com for current hardware and software specifications. IC CREDIT UNION is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
   12. Errors. You agree to notify IC CREDIT UNION of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable IC CREDIT UNION account statement is sent. Unless you notify IC CREDIT UNION within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against IC CREDIT UNION for such alleged error.
   13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in IC CREDIT UNION’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
   14. Ownership & License. You agree that IC CREDIT UNION retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to IC CREDIT UNION’s business interest, or (iii) to IC CREDIT UNION’s actual or potential economic disadvantage in any aspect. You may use the Services for business or personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
   15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
   16. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF IC CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
   17. User warranties and indemnification. You warrant to IC CREDIT UNION that:
       • a. You will only transmit eligible items.
       • b. Images will meet the image quality standards.
       • c. You will not transmit duplicate items.
       • d. You will not deposit or represent the original item.
       • e. All information you provide to IC CREDIT UNION is accurate and true.
       • f. You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless IC CREDIT UNION from any loss for breach of this warranty provision.

1. Other terms. You may not assign this Agreement. This Agreement is entered into in Fitchburg, Massachusetts, and shall be governed by the laws of the State of Massachusetts and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

This Agreement and Disclosure (the “Agreement”) governs the terms and conditions of the use of IC Credit Union’s Online Banking Services (“Online Service”). This agreement between you and IC Credit Union (“we,” “our,” “us,” “the Credit Union”) governs your use of the Online Service. The word “Account” means your share or loan accounts which you have elected to be accessed over the Internet pursuant to the terms of this Agreement. Your use of our Online Service is also governed by the Share Account Agreement provided to you when you opened your Account. By registering for and using the Online Service, you consent to the terms of this Agreement. The Online Service enables you to view your account balances and recent transactions, pay bills and perform banking transactions, and communicate with us via a personal computer. The Services are provided to you by our technology solutions partner, FIS Global (FIS).

Computer Requirements

In order to use the Online Service and access your online statements, you will need a computer, software and a commercially available Internet browser that supports 128-bit encryption. To retain a printed copy of this Agreement and Disclosure, you will also need a printer linked to your computer that is capable of printing from your Internet web browser. You will also need Adobe® Reader® software version 5.0 or higher in order to read your e-Statements. You may download Adobe Reader for free at www.adobe.com. To retain a printed copy of your e-Statements, you will also need a printer linked to your computer that is capable of printing from your Internet web browser.

(In this Agreement, your computer and the related equipment are referred to collectively as your “Computer”). You are responsible for the installation, maintenance and operation of your Computer. We are not responsible for any errors or failures caused by any malfunction of your Computer, and we are not responsible for any computer virus or related problems that may be associated with the use of the Online Service or your Computer. In the future, we may change the computer systems which you need to access our Online Banking product, in which case you may need to change your Computer, software and Internet browser to continue to utilize the Online Service, and you agree to do so if you wish to continue such services. We will notify you of any change to software or hardware requirements needed to access Online Banking or your Online Statement.

Access & Security

As a security measure, a User ID and Password are required to access the Online Service. Your User ID and Password should be kept confidential to prevent unauthorized access to your accounts. For added security, you may want to change your password on a regular basis.

The first time you login to Online Banking, you will be presented with our enhanced sign-on authentication-enrollment process. In addition, you will be required to choose and answer several challenge questions to help us identify you when logging into the Online Service. You may enroll your computer so that is automatically recognized by our Online Service. This enrollment places a computer ‘cookie’ (small text file with computer authentication) on your computer. If you sign in from a computer that has not been enrolled, we will use the confirmation questions you chose to verify that you are authorized to access your account.

Subscription to the Services

You authorize us to use FIS to provide the Online Service to you. By your application for the Online Service and receipt of this agreement, you authorize us to make payments or transfers, including recurring payments or transfers, via the Online Banking Service on your behalf. Please retain a copy of this agreement for your records.

The Online Banking Service allows you to:

• Transfer funds between checking, savings and money market account(s)
• Make loan payments from your checking, savings or money market account with us
• Make loan advances from your Home Equity Line of Credit by transferring the funds to your Checking, Statement Savings, or Statement Money Market account
• Make payments from checking to third parties (Bill Payment)
• Make expedited payments to selected third party payees
• View, pay and file e-bills from selected payees
• Get information about account balances, deposits, withdrawals, and payments to or from checking, savings, money market accounts, certificates of deposit, or loan accounts
• View images of paid checks
• Stop Payments on Checks
• Send and Receive Secure Emails to and from the bank
• Download Account Activity in CSV/Quicken format

Fees and Charges

There are currently no fees for Online Banking or any related payment services; however, we reserve the right to charge for these services based on the type of account(s) associated with this service. Fees for ancillary services such as stop payments, and non-sufficient funds are disclosed on our Schedule of Fees. The fee for expedited payments will be disclosed to you before you execute the transaction. We reserve the right to change the fees for the Online Service and will disclose these changes to you in advance of the effective date.

Transfers

You may initiate a single or recurring transfer to or from your selected accounts (“Internal Transfers”). Internal single transfers are posted at the time you make them; recurring transfers are posted on the date you schedule them to occur. Transfers between your accounts are real-time transactions and can be processed at any time the Online Banking Service and our data processing systems are operating. The cutoff hour for transfers is 9:00 PM EST. Transfers attempted at any time our data processing system is not operating will normally not be processed until the following business day.

Transaction Limitations

Savings and Money Market Accounts are limited to six (6) transfers by preauthorized, automatic, telephone transfer, or similar orders from your account each statement period, but only three (3) may be payments by check to third parties. Each funds transfer or payment that you initiate using your Online Banking service is counted as one of the six transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit. If you exceed these transfer limitations, your account may be subject to closure by us, or the funds in such account may be transferred to a Checking Account.

Bill Payment Services

If you elect to use Bill Payment, you may make a single or recurring payment to any Payee that agrees to accept payments through the Online Banking Service. You select the IC Credit Union checking account or accounts you wish to use for bill payment (your “Funding Accounts”), and you authorize us to deduct your payments from your Funding Accounts even if they create an overdraft. You may not select a savings account or money market account for third party payments via the Online Service.

You may use the Online Banking Service to make payments from your Funding Account. In addition, you may select alternate checking accounts from which to pay your bills. We reserve the right to limit the frequency and dollar amount of your payment orders from your account for security purposes.

Payments are generally processed in one of two ways: electronically or by sending the payee a paper check. Subject to the terms and conditions of this Agreement, you authorize us and any third party acting on our behalf to choose the most effective method to process your payments, including without limitation, electronic, paper or some other means.

Recurring Payments – You may pay recurring bills (i.e. payments scheduled in advance to recur at regular intervals) by using our Online Banking Service to authorize automatic recurring payments. These payments must be for the same amount each month, and they will be paid on the same calendar day of each month, except for weekends and holidays, when payments will occur on the following business day.

Insufficient Funds – When transmitting a payment order, you authorize us to reduce the funds in your Funding Account. If there are insufficient funds in the account to make payments, we may either refuse to pay the item or make the payment thereby overdrawing your account. In either occurrence, you are responsible for any non-sufficient funds (NSF) or overdraft charges imposed, as stated in our schedule of fees. Also, your Funding Account may be blocked due to overdrafts. If this occurs, no additional bill payments will be processed until the account is properly funded, and all payments or transfers are cleared. If a payment has been made to one of your designated merchants for which funds were not available in your Funding Account, you agree to repay the funds owed immediately upon demand.

Scheduling Payments – You should schedule your payment dates by 9:00 p.m. Eastern Time at least three (3) business days or six (6) business days in advance of the date the payment is actually due, depending on whether your payment will be sent electronically or by check. It is your responsibility to schedule your payments sufficiently in advance of the due dates. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions sufficiently in advance of the due date. The date the merchant credits the payment depends on the merchant’s actual payment processing procedures. IC Credit Union will not be responsible for any delay in crediting the payment, which is the result of the merchant’s payment processing procedures. Subject to the terms and conditions hereof, you authorize us and any third party acting on our behalf to select the most effective method to process your payment, including without limitation, electronic, paper or other acceptable means.

Canceling Payments – Except for those payments and transfers which are completed immediately (for example, transfers between your IC Credit Union accounts), you may cancel or modify via the Online Service a “Current Payment” (that is, a single payment you schedule to initiate the next time you transmit payments) up to 9:00 p.m. Eastern Time on the initiation date. A “Future Payment” (that is, a one-time payment you schedule to occur within the next 364 days) or a “Recurring Payment” (that is, a payment you schedule to occur weekly, monthly, quarterly, semi-annually or annually) must be cancelled by 9:00 p.m. at least one (1) business day prior to the scheduled transmission date. If your request is not received before the transmission date, you will be responsible for the payment. A cancellation of a recurring payment or transfer instruction will affect all future payments or transfers associated with that payment or transfer.

Stopping Payments – If you wish to stop a payment previously authorized, and it is too late to cancel the payment as described above, you should contact us at 800.262.1001. Unless otherwise provided in this agreement, you may not stop payment of electronic fund transfers; therefore you should not employ electronic access for purchases of services unless you are satisfied that you will not need to stop payment. The initiation by you of certain electronic fund transfers from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer.

Confirmation of Payments – Each time you properly execute and send a payment, a “Payments Confirmation” screen will appear with the details of the payment you have scheduled. All payments, including future payments, will appear in “My Bills & Scheduled Payments”, on the “Pending Payment” list until they are transmitted. Once the payment has been sent, it will no longer appear on the Pending Payments list. If you have cancelled a payment successfully, the Pending Payments list will no longer show the payment. If the Service does not show the payment on the Pending Payments list on the day you make the payment, you have not successfully initiated a payment, and we will not process your payment instructions. You may print a copy of the Pending Payment list for your records.

Documentation as Evidence of Transfer – Any documentation that is provided to you that indicates an electronic funds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

If you follow the procedures as described for payments or transfers but are assessed a penalty or late fee by a merchant because your payment is late, we will reimburse you for your losses, including late charges, to the extent required by applicable law. However, if the payment does not show on the Pending Payments List or if you have been notified of our refusal or inability to make a payment or transfer, we shall not be liable for any failure to make a payment or transfer, including any finance charges or late charges incurred by you as a result.

Restrictions – You may not use the Online Banking Services to transmit child support, alimony or other court-directed payments, nor to pay taxes or make other payments to government agencies. You are prohibited from using the Services to make payments to, or process payments for, illegal Internet gambling sites. You may only make payments to payees with U.S. addresses. You may not make payments to “Cash.”

The date the Payee credits the payment depends upon the Payee’s payment processing procedures, and IC Credit Union will not be responsible for any delay in crediting the payment which is the result of the Payee’s payment processing procedures or delays in delivery to the Payee caused by the U.S. Postal Service.

It is your responsibility to maintain your current e-mail address within Online Banking. If you do not provide a current e-mail address, you will not receive certain disclosures and advisories related to Online Banking or Bill Payment.

In the event that you do not adhere to your obligations under these terms and conditions, or you initiate a payment less than the number of days before the payment due date required for a particular merchant, you will bear full responsibility for all penalties, late charges and damages caused by your scheduling, and we will not be liable for any such charges.

Expedited Bill Payments

For an additional fee, you may pay your bills faster with Expedited Bill Payments, avoiding the need to schedule your payments days in advance, as described above. You may elect one of two methods: Expedited Electronic Payment or Expedited Payment by Overnight Check; however, not all payees accept payments by either or both methods. The Services will tell you if your payee will not accept payment by the method you choose. If you choose to pay your bill by Expedited Bill Payment, the following additional terms apply:

• A fee will be charged for the service, as disclosed on the expedited payment screen and confirmation email received after the transaction is submitted.
• Because these payments are processed quickly, you cannot stop an Expedited Bill Payment you have already ordered to be processed.
• Expedited Electronic Payments are limited by the cut-off time established by the payee for accepting same day payments. Payee cut-off times vary by payee; Overnight Check payments must be ordered before 7:45 p.m. Eastern Time for overnight delivery.
• Overnight Check payments can only be sent to payees with a valid street address within the continental United States.

e-Bill Presentment

e-Bill Presentment is an optional feature of the Online Service that allows you to receive bills electronically from billers who elect to participate (“Payees”). If you activate e-Bill Presentment, you also agree that:

1. Each Payee has the sole discretion to accept or decline a request for electronic billing. Once accepted, the date of presentment of your first electronic bill may vary from Payee to Payee.
2. By your activation of e-Bill Presentment, you authorize us to use the login information you have registered with any Payee, including your password, in order to retrieve bill information on your behalf.
3. We are not responsible if your bill is not available from a Payee for retrieval, a Payee does not provide us with a bill summary, or a Payee does not provide access for you to view your bill in a timely manner. It is your sole responsibility to contact your Payees directly if you do not receive your bills or there is a delay in your receipt of a bill. You hold us harmless for any adverse consequences should you not receive a bill or there is a delay in your receipt of a bill.
4. Some Payees will turn off paper billing when you activate e-Bill Presentment; others will not. If you receive a bill both electronically and in paper format and you pay both bills, we will not be liable for crediting your account the overpayment. You must contact the Payee directly to resolve the issue. Your ability to receive a paper copy of your electronic statement in addition to an electronic bill is at the sole discretion of each Payee.
5. Any Payee may discontinue electronic billing at any time. You may also cancel e-Bill Presentment from any Payee at any time; if you do, you are responsible for making arrangements with the Payee for an alternative form of bill delivery.
6. We are not responsible for the accuracy of your electronic bill(s). Any disputes regarding the accuracy of an electronic bill must be addressed with the Payee directly.
7. The Services will store 18 months of bill summary information. However, images of the bills may only be available as long as the Payee maintains them. If you will have need of bill summary information or images of bills beyond these times, you should save them to your computer or print them.
8. The e-Bill Presentment feature is subject to the Liability Limitations described below and all other provisions of this Agreement.

Liability Limitations

We and our agents will use good faith efforts to make all your payments and transfers properly. However, under no circumstances will we be liable if we or our authorized third parties are unable to complete any payment or transfer initiated in the correct amount or in a timely manner via the Services because of the existence of any one or more of the following circumstances:

1. Your payment does not appear on the Pending Payments List on the day you initiate it (for Online Banking).
2. If, through no fault of ours, your selected account at IC Credit Union does not have sufficient available funds to complete the payment. Note: If this occurs, we are under no obligation to notify you that the payment or transfer has not been completed.
3. The funds in your selected account are subject to legal process or other encumbrance restricting such payment or transfer.
4. Your subscription to the Services has been suspended or terminated for any reason.
5. The Services, the software, or any communications link is not working properly, and you know or have been advised by us about the malfunction before you attempted to execute the transaction or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred.
6. Your computer or related equipment or software malfunction, or your Internet service provider fails to provide a connection.
7. You have not provided us with the correct or complete information for those payees to which you wish to direct payment or for those accounts to or from which you wish to make a transfer.
8. The merchant or other payee mishandles or delays crediting of any payments sent by us on your behalf, or the merchant or payee refuses or is unable to accept a payment.
9. You fail to schedule a proper date for payment sufficiently in advance of the date a payment is due.
10. A payment sent by check, including an Overnight Check, is delayed by the U.S. Post Office or other carrier selected by us.
11. Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside source) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid these circumstances.

If you have followed the procedures described in this Agreement for payments or transfers but are assessed a penalty or late charge by a merchant because we have failed to process a transaction timely in accordance with the terms of this Agreement, we will reimburse you for your losses, to the extent required by applicable law. However, our obligation to reimburse you for your losses is subject to the liability limitations described herein. In the event that you do not adhere to your obligations in this agreement, you will bear full responsibility for all penalties, late fees and damages approximately caused by your action or inaction, and we will not be liable for any such charges.

The Online Banking Service is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchant ability and fitness for a particular purpose. except as otherwise required by law, we and our officers, directors, employees and agents are not liable for any indirect, special, incidental or consequential damages, including lost profits, arising in any way out of the installation, use, or maintenance of your equipment or your use of the services, even if you advise us of the possibility of such damages. You acknowledge that your sole and exclusive remedy in the event of your dissatisfaction is to cease use of the Services.

Unauthorized Use

Your User ID and Password are confidential. These identifiers (your “Security Codes”) are for your personal use and should not be disclosed to any other person. We will not be liable if you voluntarily give your Security Codes to another person who makes transactions via the Services without your permission. Contact us immediately if you believe that someone has obtained your Security Codes or may have access to your accounts without your permission. Telephoning is the best way of minimizing your losses.

Customer Service Information

For questions or assistance please contact our Member Sales & Service Center at 800.262.1001.

If you believe that your User ID and/or Password have been compromised or that an unauthorized transaction has been made from your account, please telephone us immediately at 800.262.1001.

New Services

We may from time to time introduce new services or enhance the existing Services. By using these new services when they become available, you agree to be bound by the terms and conditions relating to these services, notice of which will be sent to you, if required by applicable law, prior to their release.

Electronic Communications

If you are an Online Banking customer, you agree by consenting electronically to this Agreement that we may communicate with you by electronic means regarding the accounts you maintain with us and designate for use with the Services. This means that we can provide this Agreement and Electronic Funds Transfer Disclosure electronically. To retain a printed copy of this Agreement and Disclosure, you will also need a printer linked to your computer that is capable of printing from your Internet web browser. This also means that we may send you electronic messages regarding your account or the Services. These messages may include any disclosures or notices required by applicable Federal or state law or regulation. For example, if you assert an electronic transaction error in your account, we may communicate the results of our investigation to you via the e-mail message feature within the Services.

You should check your e-mail messages within the Services regularly in order to insure that you have received any important information about your account or the Services. You will be deemed to have received any information, including any required disclosure or notice, as of the date we transmit such information to you. If your account is a joint account, we will consider our electronic communication to one owner as being given to all account owners.

All communications in either electronic or paper format will be considered to be “in writing.” You may request a paper copy of any electronic disclosure, this Agreement, or other electronic communication by contacting us at 800-262-1001.

Secured E-Mail Messages/Confidential Information

Whenever you are communicating Private Confidential Information to us about you or any of your accounts, you should always do so through the Secured Messaging system within the Online Banking application. (An example of Private Confidential Information might be your Social Security Number, Account Numbers, Debit Card Numbers, or any information related to you or your accounts with IC Credit Union.) Failure to do so may compromise the privacy of your account information and potentially result in fraud being perpetrated on your accounts. If you inadvertently communicate private-confidential information with us through an unsecured e-mail system, you should notify us immediately at 1.800.262.1001.

You should never provide Confidential Information to anyone that calls or emails you claiming to be from or originated by IC Credit Union. The only time you will be required to provide that information to a representative from IC Credit Union is to verify your identity when calling or logging into the Online Banking Application.

Electronic Statement Delivery (“e-Statements”)

The Scope of Your Consent – If you consent to e-Statements, you also consent to delivery of the following categories of communications from us in electronic form:

• Periodic and annual statements you are provided in connection with the accounts for which we offer, and you select, electronic delivery, whether now or in the future;
• Images of checks paid against your account(s) during the statement period, if applicable;
• Consumer disclosures, as applicable, that are required and may be provided on a consumer’s periodic statements, including, but not limited to, the Error Resolution Notice required by the federal Electronic Fund Transfer Act and Massachusetts General Laws Chapter 167B, certain share account terms as required under the federal Truth-in-Savings Act, and the Billing Rights Statement required by the federal Truth in Lending Act and Massachusetts General Laws Chapter 140D;
• Notices and other communications we may send to you, including but not limited to notices regarding changes to the terms of your account, including applicable fees. Your continued use of the Services following such communication will constitute your acceptance of the revised terms. (Certain changes in terms notices that would normally be provided as an insert with your paper statement may continue to be provided in paper form via U.S. mail or may be provided by e-mail.)

If your account is joint with another person or persons, one joint owner’s election to receive e-Statements shall apply to both or all of you.

You understand that once we process your Online Statement request, we will discontinue mailing printed account statements to your mailing address of record.

If you have a Passbook Savings Account, you will not have access to online statements even if you select your passbook savings account for online statements. If you have an electronic fund transfer transaction in a particular month, we will send you a paper statement that month.

If you have combined statements, you will continue to have combined statements once you enroll in online statements.

Once you have activated online statement delivery, you will have access to all available prior online statements.

How We Will Provide e-Statements

You must provide a valid e-mail address for our notification purposes. Each statement period we will send you an e-mail notice advising you of the availability of your Online Statement. Once you receive our e-mail notice you may then access your current Online Statement at the IC Credit Union on-line banking system website.

If an e-mail we send to your e-mail address of record is returned as undeliverable we will attempt to contact you by telephone or U.S. mail, but we are not obligated to do so.

Requesting a Paper Copy of a Statement

You may request a paper copy of any e-Statement, check image, disclosure or notice received electronically under this agreement by writing to us at the address for notices above within seven years after we provided the statement, image, disclosure or notice to you electronically. You may be charged a fee for a duplicate copy, as described in our then current Fee Schedule.

Your Duty to Review Your eStatements

Your eStatement will be dated up to five days prior to the day of the e-mail notifying you of the availability of your Online Statement. You must promptly access and review your eStatement and notify us within the applicable time period specified in the Share Account Agreement, Electronic Fund Transfer Disclosure, and/or Billing Rights Summary of any error, unauthorized transaction, or other discrepancy. The applicable time period within which you must notify us begins on the day we send you the e-mail notification, regardless of when you receive or open your Online Statement. Loan customers understand that it is the responsibility of the customer to view the online statements for the loan and to make loan payments on time. Failure to make loan payments in accordance with the loan note will result in late charges as stipulated in the loan note.

Online Statement Access

Access to eStatements may be unavailable at times due to scheduled maintenance, unscheduled maintenance, or system outage. In addition, both environmental and physical events may occur that may cause the Services to become unavailable. We will make every reasonable effort to ensure the availability of access to your eStatements through the Services. However, we are not liable for the unavailability of the Services or any damage that may result from your inability to access your Online Statement.

Updating Your Contact Information

It is your responsibility to provide us with an accurate and complete e-mail address, postal address, and telephone number. You must promptly notify us of any change in your contact information. You may change your contact information with us through the Services or by contacting us directly as described above.

Suspension by Us

In the event of repetitive failed payments or transfers, we reserve the right to suspend your subscription to the Online Banking Services. This suspension may be without prior notice to you. If your subscription is suspended, transactions which were previously scheduled will be cancelled. In the event your subscription is suspended, we will notify you by mail at your last listed address or last listed e-mail address and all inquiries or correspondence relating thereto, including requests for reinstatement, should be directed to the Retail Operations Department.

Termination by Us

We reserve the right to terminate your use of the Services, in whole or in part, at any time without prior notice. If you have not logged in to the Services or performed any banking transactions or paid bills via the Services in more than 180 days, or if your account is not in good standing, we may terminate your subscription to the Services for security reasons, with or without notice to you.

Canceling the Services

If you wish to cancel your subscription to the Online Banking Service, you must provide the bank with ten (10) days’ advance notice by phone or e-mail, or you may notify IC Credit Union in writing. You will be responsible for all payments or transfers you have requested prior to termination unless cancelled by you, and for all other charges and fees incurred.

Amendment

We may amend this Agreement, or the applicable fees and charges, at any time. We will send notice to you of any amendment at your last listed address with us or transmit notice of the alteration or amendment over the Services at least 30 days prior to the effective date of the change, if required by law. However, if the change is made for security purposes, we can implement it without giving you prior notice. Your use of the Services following transmittal of a notice of alteration or amendment constitutes your acceptance of such alterations or amendments.

Resolution of Disputes

In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this Agreement. The terms and conditions contained here, as they may be amended from time to time, shall supersede any and all other representations made by our employees.

No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless agreed by us in writing.

Governing Law

This Agreement shall be construed and governed by the laws of the Commonwealth of Massachusetts, without regard to any conflict of law’s provisions. In the event of any conflict between the provisions of this Agreement and applicable law or regulation, this Agreement shall be deemed modified to the extent necessary to comply with such law or regulation.