Online & Mobile Banking Services Agreement and Disclosure
1. General Terms and Conditions Applicable to Online and Mobile Banking Services: This Online & Mobile Banking Services Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the Online and Mobile Banking services offered to you by Sandia Area Federal Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words "we," "us," and "our" mean the Credit Union. The word "account" means any one (1) or more share (savings), share draft (checking), or Money Market accounts you have with the Credit Union. Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds transfer services described below. By signing an application or account card for Online and Mobile banking services, or using any of the Online and Mobile Banking services, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the Online and Mobile Banking services offered.
You agree to conduct the transfers offered through the Services by electronic means and acknowledge that all documents, disclosures, forms and other information related to such transactions will be provided to you through a mobile or web-based electronic interface or email. Each time you use this Service and submit information to the Credit Union you agree to the electronic access, receipt and acceptance of documents, disclosures and forms. You may not use this Service unless you agree to receive documents by electronic means.
You further agree that you intend to electronically contract with us for the Services and that all transactions completed through the Services will result in valid and legally binding agreements. You also agree that you have adequate access to a computer or mobile phone with sufficient internet connectivity to conduct these transactions online. You acknowledge that you meet the hardware and software requirements to access this Service as described below.
2. Relation Between Agreements: If this Agreement conflicts with another agreement, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. The other agreement will only control with respect to the Eligible Account or Online and Mobile Banking Service it is associated with, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions regarding online services or features that appear in another agreement covering your Eligible Account or Online and Mobile Banking Service, but not in this Agreement, will apply.
3. Security: If we approve Online and Mobile Banking for your accounts, a separate personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with your user name to access your accounts. Your Username and PIN are established for security purposes. You cannot use any of the Services without a Username and PIN. You acknowledge that use of a username and PIN is a reasonable method to ensure security You understand that if you disclose your Username and PIN to anyone, you have given them access to your account(s) via the Services to review all of your account information and to engage in account transactions and you are responsible for all such transactions. We may act on all transaction instructions received using your Username and PIN, which will have the same effect as your signature for the purpose of authorizing transactions. If you authorize anyone to use your Username and PIN in any manner, that authority will be considered valid until you specifically revoke such authority by notifying us in writing, and immediately changing your Username and Password. You will be responsible for any transactions made by such authorized persons up to the time you notify us of the revocation and the Username and Password have been changed. If you fail to maintain the security of your Username and/or PIN and we suffers a loss as a result, we may terminate your access to the Services immediately. If you believe your Username or PIN has been lost or stolen, or if you suspect any fraudulent activity on your account, contact us immediately.
4. Hardware, Software and Operating System: The requirements for accessing our online mobile banking systems to use this Service and access disclosures are as follows: You must use a computer or smart phone to use this Service. You must have a device that uses a supported version of one of the following browsers: Internet Explorer, Firefox, Chrome, or Safari. You may also use a mobile phone application developed for this Service if your mobile phone supports it. You are responsible for installation, maintenance, and operation of devices used to access this Service. The Credit Union is not responsible for errors, failures, or malfunctions of any device used or attempted to be used for access to this Service. The Credit Union is also not responsible for viruses or related problems associated with use of these online systems.
With respect to the hardware or software and operating systems you use for these services, we cannot and do not make any express or implied warranties on any of them, including your Internet provider, ware, software or internet provider service, or any part of them. We are not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the internet provider, any related software, or our use of any of them or arising in any way from the installation, use or maintenance of your personal computer hardware, software, or other equipment
5. Eligibility: In order to access the Sandia Area Federal Credit Union Online and Mobile Banking Service, you must be a member in good standing and maintain at least one membership share as required by the Credit Union's bylaws. When using the Online and Mobile Banking Service, you must, when prompted, enter your member number or user name, your Online and Mobile Banking password/access code or personal identification number and any other requested information. By entering the correct information you will have direct access to your Credit Union accounts.
To complete your enrollment in the Online and Mobile Banking Service, you will be required to validate your email address and other information that we have on file. Additionally, you are required to maintain an email address that is continuously operational to receive email communications from us in order to continue to access your accounts within the Online and Mobile Banking Service.
6. Business Days: Our business days are Monday through Friday, excluding holidays.
7. How to Contact Us: For all purposes under this agreement, and with respect to any of the online or mobile banking services, including if you wish to terminate any of your online or mobile banking arrangements, you may notify us in person, by telephone, or in writing by calling us at 505-292-6343 ext. 5 or 800-228-4031 ext. 5 or writing us at PO Box 18044, Albuquerque, NM 87185. Or you may email us at firstname.lastname@example.org.
8. How We May Contact You: To use this Service you must provide your current email address so that we can send you important information related to your use of this Service. You may review and update the personal information maintained about you in the "Account Settings" section of the Site at any time to ensure that it is accurate. You authorize us to send emails and text messages to you or others on your behalf, as necessary to complete your transaction instructions within the Online and Mobile Banking Service. These communications may identify you by name and may state that we’re sending them on your behalf and according to add your instructions. We may also mail notices to you that will be effective when we have mailed them or delivered them to your last known address in our records. Notices from you will be effective when received by us at the address specified in this Agreement. We will mail notice to you of any changes to this agreement or to any of the services at least twenty-one (21) days before the effective date of any change. Use of any of these services is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
Certain of the features of the services provide you with additional or expedited notice procedures. You should carefully review the features of the services below to familiarize yourself with those notice procedures.
9. Available Online and Mobile Banking Services. If approved you may conduct any one (1) or more of the online and mobile banking functions:
- Transfer funds from your share, share draft, and Money Market accounts.
- Obtain balance information for your share, share draft, Money Market, certificate and loan accounts.
- Make loan payments from your share, share draft, and Money Market accounts.
- Determine if a particular item has cleared.
- View cleared check images on your share draft account.
- Reorder checks for your share draft account.
- Place stop payments on a share draft account.
- Obtain tax information on amounts earned on share, share draft, and Money Market accounts or interest paid on loan accounts.
- Verify the last date and amount of your payroll deposit.
- Make bill payments to preauthorized creditors.
- Make Person to Person Payments (P2P) to other individuals using your Sandia Area Debit Mastercard.
- Set account alerts to monitor your account activity.
- Make transfers to and from External Accounts, upon enrollment. (A2A)
- Make Internal Transfers to other Sandia Area Member Accounts. (Sandia Internal Transfers)
- Receive and send electronic messages to the Credit Union.
10. Availability of Services: Online and Mobile Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access. In addition, the following limitations on Online Banking transactions may apply:
- There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
- There is a a $9,999.99 limit per bill payment, if there are sufficient funds. There is a $20,000.00 daily aggregate bill payment limit.
11. System maintenance: Sometimes you may not be able to access one your accounts via online and mobile banking due to system maintenance or circumstances beyond our control. During these times, you may be able to call Member Services at 1-800-228-4031 ext. 5, or Call 24 at 800-228-4031 ext.3, or visit a CU Anytime ATM to access your account information.
12. Overdrafts: You may not use Online Banking to overdraw your account. If an overdraft in your account does occur, you will pay the full amount of the overdraft to us immediately upon request and the current fees for overdrafts.
13. Transfer Limitations: For all nontransactional (savings, Money Market) accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic or Internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee or be closed. Each of the services may have additional associated limitations which are described below.
14. Prohibition against illegal activities: You represent that you are not intending to use, and will not use, any of the services offered hereunder for illegal purposes, including unlawful Internet gambling. You further agree that you will not use any of your accounts, access devices or services for unlawful Internet gambling or other illegal activities. We may terminate your account relationship if we have reason to believe that you have engaged in or are engaging in unlawful Internet gambling or any and all other illegal activities, specifically including any activity that would result in you being or becoming a "money service business" as defined in the Bank Secrecy Act and its implementing regulations.
15. Fees and Charges: There are certain fees and charges for Online and Mobile Banking services. The current fees and charges are disclosed in the Sandia Area Federal Credit Union Membership and Account Agreement (as amended from time to time) do apply. This Agreement is available in any Credit Union branch and on-line at our website www.sandia.org. We reserve the right to change the fees (as well as other terms of this agreement) at any time. We will notify you of any changes as required by applicable law. In addition, you may incur additional charges including fees charged by any external financial institution. You agree to pay these fees and charges and authorize us to deduct the calculated amount from your account, with only such notice as the law requires. You are also responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
16. THE SERVICES: The specific terms applicable to each of the services offered by the credit Union are set forth below. We will make the services available to you only after we approve your application.
A. BILL PAY. Payment Processing. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete. The Credit Union is not responsible for any bill pay account information that is lost due to account inactivity or a closed checking account.
We will withdraw the designated funds from your checking account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you schedule for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.
Prohibited Payments. Bill Payments to a payee outside of the United States are prohibited and may not be issued under any circumstances. It is unlawful to use this system to transfer money to any person or organization listed in the Office of Foreign Asset Control’s Specially Designated Nationals list. The Credit Union reserves the right to refuse to pay any Biller to whom you may direct a payment. You will be notified promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
Exception Payments. You further agree that you understand that due to legal requirements, Sandia Area Federal Credit Union’s Bill Pay service limits the ability to make certain types of payments. The following payments are discouraged, but may be scheduled at your own risk:
- Tax payments to the Internal Revenue Service or any state or other government agency;
- Court-ordered payments, such as alimony or child support;
- Payments to insurance companies.
If you attempt to make any of these payment types Sandia Area Federal Credit Union will not be liable if we do not make a prohibited or discouraged payment that you've scheduled.
E-Bill Delivery and Presentment. This service is for the presentment of electronic bills only and is your sole responsibility to contact your Billers directly if you do not receive your statements. If you elect to utilize these services, you agree to the following:
a. Any changes or disputes to your account information with billers that you utilize through this service will need to be made by contacting the biller directly.
b. Upon activation of your e-bill presentment service, Sandia Area Federal Credit Union Bill Pay service will notify the Biller of your request for electronic billing. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. In the event you do not receive your electronic bill, it is your responsibility to contact the Biller to ensure timely payments of all bills.
c. By utilizing the electronic bill pay service you authorize us to obtain bill data on your behalf. We may request you provide your user name and password for that Biller. By providing with us with such information you authorize us to use the information to obtain bill data.
d. Each Biller reserves the right to cancel your electronic bill at any time. You may cancel your electronic bill presentment at any time. The Credit Union will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.
Insufficient Funds. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds (See your account fee schedule) or other conditions that may prevent the withdrawal of the bill payment funds from my account. Sandia Area Federal Credit Union has no obligation to initiate any payment if there are not sufficient funds in your selected account, but may at our discretion. If there is not sufficient funds in your account, you understand the Bill Payment Company may try up to three (3) times to debit your account which may result in an NSF Fee being charged to my account for each unsuccessful attempt. If a scheduled bill payment is returned for insufficient funds, it may result in other scheduled payments not being processed.
Payee Returned Payments. There are circumstances when a payment may be returned to the Credit Union. These circumstances may include, but are not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Credit Union will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Credit Union account.
Transaction Limitations. The following limitations on Bill Pay transactions may apply:
- There is no limit on the number of bill payments per day.
- There is a a $9,999.99 limit per bill payment, if there are sufficient funds. There is a $20,000.00 daily aggregate bill payment limit.
B. INTERNAL TRANSFERS TO OTHER SANDIA AREA ACCOUNTS. You may transfer funds from any of your eligible accounts to another Sandia Area Federal Credit Union member savings or checking account. You must provide the Credit Union with the information regarding the other Sandia Area Account including, account number, member name, and whether the Account is a checking or savings account. All information must match exactly before the account can be successfully enrolled. The Online and Mobile Banking system will notify the member of the other account that you have requested to enroll their account. Sandia Area Federal Credit Union reserves the right to reject an enrollment request for any reason, including without limitation suspected fraud or misuse.
Use of Services. As a condition to using the Services, you are solely responsible for the use of the Services and that you will use the lnternal Transfer to other Sandia Area Account Services in accordance with this Agreement. It is your responsibility to ensure you enter valid and correct Sandia Area Member Account information. Internal Transfers to other Sandia Area Accounts sent to invalid or incorrect account numbers may be not recoverable and the Credit Union is not responsible for returning funds due to an unrecoverable Internal Transfer to other Sandia Area Accounts error. You shall be liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the Internal Transfers to other Sandia Area Accounts Services by you.
Sandia Area Federal Credit Union may, at its sole discretion:
- Honor Internal Sandia Area funds transfers under the terms of any Sandia Area Federal Credit Union overdraft protection program you have established with the credit union.
- Honor the Internal Sandia Area funds transfer and create an overdraft in your account. We may advance funds from your Line of Credit, under any overdraft programs you have established with the credit union.
C. ACCOUNT TO ACCOUNT (A2A) EXTERNAL TRANSFERS. You may transfer funds to and from your Sandia Area account to the External Account.
External Account Enrollment. By enrolling an External Account, or by requesting a transfer using the External Account Transfer Services, 1.)You acknowledge and represent that you are an owner of that External Account and are authorized by any other owners of the External Account to enroll that account to make external transfers; 2.) You authorize Sandia Area Federal Credit Union to initiate credit and debit transactions on the External Account entered through Sandia Area Federal Credit Union’s Online and Mobile Banking Service, or to correct any errors that Sandia Area Federal Credit Union identified through the External Account transfers. There is a fee for this service, see the credit union fee schedule for current fee.
External Account Transfer Approval. Once the external account is verified and enrolled for the External transfers you may use the Services to transfer funds to or from an External Account. You must provide the Credit Union with the information regarding your External Account, ABA routing number, account number, name of the external financial institution, and whether the External Account is a checking or savings account. By enrolling your External Account, you authorize Sandia Area Federal Credit Union to make trial deposits to the External Account. The user of the External Account must verify the exact amounts of the trial deposits, before Sandia Area Federal Credit Union will allow that account for External Transfer activity. Sandia Area Federal Credit Union reserves the right to reject an enrollment request for any reason, including without limitation suspected fraud or misuse. You agree to enroll only personal accounts and are aware that not all types of accounts are eligible for ACH transfer. Ineligible accounts may include IRA, certificates of deposit, trusts, custodial accounts, business accounts, corporate accounts and other types of accounts.
Processing External Account Transfers. All External Transfers are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds to an External Account where the transfer would not be allowed under the rules and regulations of such accounts.
Transfer TO an External Account. When you process a transaction for an External Transfer to an External Account, Sandia Area Federal Credit Union will hold the funds on the scheduled date of the transaction. The hold will remain in effect until the funds are sent and the transaction is completed. The credit union may honor but is not required to honor External Transfers to an External Account if the account has non-sufficient funds to cover the transfer.
Transfer FROM an External Account. All External Transfers from External Accounts are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds from an External Account where the transfer would not be allowed under the rules and regulations of such accounts. When you process a transaction for an External Transfer from an External Account, Sandia Area Federal Credit Union is notifying you that your funds will generally be available on the third business day after the day of deposit. If we are not going to make funds from your deposit available as described herein, we will notify you of longer delays as required by the Fund Availability Disclosure. If any External Transfer from an External Account is rejected or returned, you authorize Sandia Area Federal Credit Union to collect from any of your shares accounts maintained at the credit union including any jointly owned accounts and any overdraft protection program. If funds are not available from any of your credit union accounts, you agree to reimburse the credit union for the amount of the return along with any applicable service fees, collection fees, and/or legal fees.
Deadlines. Item deposits/withdrawals initiated through the System before 2:00 p.m. Mountain Time on a business day are processed that same day. Deposits completed after 2:00 p.m.
Mountain Time or on a non-business day will be posted on the next business day. Transfers must be cancelled/edited before 2:00 p.m. Mountain Time. In the event that we receive an A2A Item from You on a day that is not a business day or at a time which is after the applicable processing cutoff time for a business day, the Transfer Item is deemed to have been received by us at the opening of the next business day. "Business day" shall mean Monday through Friday, except observed Federal holidays.
Sandia Area Federal Credit Union may, at its sole discretion:
- Honor External funds transfers under the terms of any Sandia Area Federal Credit Union overdraft protection program you have established with the credit union.
- Honor the external funds transfer and create an overdraft in your eligible account. We may advance funds from your Line of Credit, under any overdraft programs you have established with the credit union.
- Refuse to honor the external funds transfer.
- Cancel any and all External Transfers TO/FROM any and all External Accounts.
Returned External Transfers. Any External Transfer that is returned to Sandia Area Federal Credit Union for any reason will be credited or debited from your account within a reasonable amount of time. If the credit union suffers a loss, we may terminate and/or suspend your External Transfer services immediately.
External Account Transfer Limitations. Sandia Area Federal Credit Union has established External Transfer limits on the amount of funds and transactions that can be transferred during any one day, week, and month. External Transfers are currently limited to a daily aggregate of $500.00; weekly aggregate of $1,000.00 and monthly aggregate of $2,500.00 for External Transfers to and from Eligible External Transfer accounts. Sandia Area Federal Credit Union may change your individual transfer transaction amounts at any time without notice.
Member Liability. As a condition to using the Services, you are solely responsible for the use of the Services and that you will use the External Transfer Services in accordance with this Agreement. It is your responsibility to ensure you enter valid and correct External Account information. External Transfers sent to invalid or incorrect account numbers may be not recoverable and the Credit Union is not responsible for returning funds due to an unrecoverable External Transfer error. You are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the System and the Services as well as accessing or using the System or the Services in any other unauthorized manner. You are liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the External Transfer Service by you or anyone you authorized to utilize the service.
D. PERSON TO PERSON (P2P) SERVICE. This P2P service (powered by Acculynk) allows you to send funds to another person. These terms apply to all communications, documents, disclosures and electronic signatures related to the products, services and transfers offered or accessible through the P2P Service all cardholders, authorized users, account owners, account signers, applicants, and any other person using this Service as a Sender or Recipient or registering to use this Service.
- "Recipient" means the cardholder to whom the Sender transfers funds.
- "Sender" is the Credit Union Cardholder that transfers funds to another person through the Service.
- "Service" means the P2P service powered by Acculynk that allows a Sender to send funds to Recipient.
- "Service Provider" is Acculynk a company that arranges for person-to-person payments to customers of any U.S. financial institution.
- "Site" is the Service Provider’s electronic location accessed by a user through a mobile phone, computer or other access device.
- "Transfer" means an electronic movement of funds from an account at Credit Union to an account of another party by means of the Service.
- "Transfer Instructions" are the information that you provide when using the Service.
- "You" and "Your" mean each person who applies or registers to use the Service and each person who uses the Service, including both the Sender and Recipient of a Transfer.
Description of Service and Consent. Credit Union MasterCard debit cardholders may send one-time Transfers to Credit Union members or a depositor of another financial institution. Notice is given to the Recipient by the Sender providing the Recipient's email address or mobile phone number. You may originate these Transfers by use of a computer or a mobile smart phone. You may register for the Service which will make future Transfers more convenient for you. To use this Service you are providing information to our Service Provider from your mobile phone, desktop, laptop, or other computer. Service Provider is a vendor of Credit Union.
By participating in the Service, you are representing to the Credit Union that you are the owner or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding Transfers. In addition, you are consenting to the receipt of emails or automated text messages from the Credit Union or its agent, regarding the Transfers and represent to the Credit Union that you have obtained the consent of the Recipients of your intended Transfers.
Funds may be transferred to any account in the United States as long as the Transfer is legal and allowed by the financial institutions involved.
Eligibility. Individuals aged 18 years and older with a MasterCard debit card issued by Credit Union are eligible to use this Service to send funds to a Recipient. Any individual age 18 years and older with an account in the United States that may receive POS or ACH transactions may use this Service to receive funds that are transferred by the Sender. The Service is not offered to individuals under the age of 18. Other restrictions and eligibility requirements apply as described in this Agreement or other disclosures. Credit Union does not knowingly collect any personal information from or about individuals under 18 years of age. Please do not submit such information to the Credit Union, and as a parent or legal guardian, please do not allow your children to submit personal information without your permission. By using the Site or the Service, you represent that you meet these requirements.
Transfers. You may make one-time Transfers by entering your MasterCard debit card number and email address. The Sender provides the Recipient's email address or mobile phone number, and the Service uses this information to notify the Recipient. A Recipient must accept the Transfer within 10 days, or the Transfer will be cancelled and reversed. During this period, funds will be removed from the Sender's Account for the amount of the Transfer and the fee. Once the Recipient has successfully accepted the Transfer, funds will be sent to the Recipient’s financial institutions for deposit to the Recipient's account. If the Sender and Recipient are both Credit Union members enrolled in the Service, Transfers will be immediately debited from the Sender's Account and reflected in the Recipient's Account. If the Sender and Recipient are both enrolled in the Service but are customers of different financial institutions, Transfers will be immediately debited from the Sender's Account and will be delivered to the Recipient's financial institution once claimed. Credit Union is not responsible for any failure of another financial institution to timely credit its customer's account.
You acknowledge and agree that Transfers will be completed using only the email address or mobile phone number you enter even if it identifies a person different from your intended Recipient. The name you enter will help you identify your intended Recipient in the drop down menu and your transaction history but will not be used to process payments. You must accurately enter the Recipient's email address or mobile phone number since your obligation to pay for the Transfer will not be excused by an error in the information you enter.
Transfer Instructions relating to external accounts and the transmission and issuance of data related to such Transfer Instructions shall be received pursuant to the terms of this Agreement, and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house, as well as any EFT Network, or networks, utilized to automate the transfer of funds and governed by Regulation E, (collectively, the "Rules"). The parties agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an Account shall be provisional until the Credit Union or the third party institution, which holds the account, has finally settled such credit.
It is the responsibility of the Sender and Recipient of funds to provide accurate information. You agree that you as Sender are authorized to withdraw or as Recipient are authorized to deposit funds into the Accounts whose numbers you provide or into the Accounts associated with the card number you are providing. You authorize the Credit Union, directly or through third parties, to make any inquires considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources.
You authorize the Credit Union to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the crediting of your account using card networks or NACHA
Sender Acknowledgment. By using this Service you, as the Sender, authorize the sending of an email or text message instructing the Recipient how to receive the funds that you are sending. You are further authorizing any Recipient of this message to act on the instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide or text message at the mobile phone number you provide may obtain the funds you are sending.
We are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message you provide. Your funds may not reach the intended Recipient because of errors made by the Sender or Recipient and you could lose all the funds. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions. Furthermore, we may reject any Transfer request and may terminate your use of this Service for any reason including attempting insufficient funded Transfers.
Recipient Acknowledgment. By using this Service you as the Recipient are confirming that you are the person to whom the Sender intends to transfer funds. As the Recipient, you will be asked to provide your debit card information that will be used to transfer funds to your Account. If you choose not to provide your debit card information or your institution does not participate, you will be asked to provide account information including account number and routing information for your financial institution. In this case the funds will be transferred through the Automated Clearing House.
It is important that you enter accurate information. You agree that Credit Union, the receiving financial institution and our Service Provider may rely solely on the instructions you provide. If you enter inaccurate cardholder or account number information the funds may be deposited into another person’s account. You acknowledge that the financial institution may make the deposit based on the account number or card number you provide even if those numbers do not correlate to the name that you provide. Retrieval of these funds will be the Recipient’s responsibility to work with the financial institution to which the funds were sent. You may lose all the funds that were transferred. The funds that are credited to the account cannot be recalled by us.
If you suspect that you have entered information incorrectly or that you have received funds in error, call us immediately and we may attempt to cancel the transaction. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Recipient’s instructions.
By using this Service you agree that you are the intended recipient of the email or text message and that you are the intended recipient of the funds. If you are not the person to whom the funds are intended then you agree to take no further action. You understand that it is a federal felony to use another person's identification with the intent to commit unlawful activity. You represent that the information you are providing is your true and correct information. If any information you provide is fraudulent, Credit Union reserves the right to recover all costs or losses from you, regardless of whether such costs or losses are incurred directly or indirectly.
Fees and Limitations on Transfers. You may transfer up to $500 per transaction. The Credit Union may establish a limit on the number of Transfers and on the total dollar amount of Transfers that can be attempted or completed in one day. You may send multiple Transfers each day; a separate fee is charged for each Transfer you send. We may modify the amount and frequency of Transfers at any time for security reasons or due to account activity.
Funds may be transferred from the account from which the debit card is authorized to transfer funds. Such transfers may overdraft your account and may result in a transfer from another account to cover the overdraft. In any of these situations, a transfer fee will be charged, as applicable. You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account.
Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees. The receiving institution may have limits on the number and type of Transfers allowed. Your financial institution may also charge a transaction fee.
Timing of Transfers. Transfers to remove the funds from the Sender’s Account may take place immediately. However, the timing of funds received will depend on when the Recipient responds to the email and when their financial institution posts the Transfer. The posting of the Transfer is dependent on the business days of that institution.
Issues Affecting the Posting of Transfers. You authorize us to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the Credit Union to credit your Account using card networks/switches or NACHA.
Other events may affect the timing or success of a Transfer reaching the intended Recipient. Such events may include, but are not limited to, errors made by the Sender or Recipient in entering information, inaccurate account or card number information, delays in posting by the receiving institution, acts of God, and network and NACHA interruptions. If we believe the Transfer may be illegal, we may decline or reverse the Transfer. The receiving institution may choose not to post the Transfer or to delay posting the Transfer. Neither the Credit Union nor the Service Provider is responsible for any delays in the Transfer of funds or the posting of funds to the Recipient’s Account. You may have certain rights and responsibilities regarding the failure to timely post transactions and you are encouraged to pursue dispute resolution with the receiving financial institution.
Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow a POS or ACH transfer of funds. You are responsible for ensuring that these types of Transfers are allowed for the Account that you specify. For example, an IRA may not allow electronic transfers directly into the Account. We are not responsible for any action or lack of action taken by the financial institution that delays, inhibits, or prevents the posting of the Transfer to the Account.
Security. The Sender and Recipient of funds may choose to register for this Service to simplify their future use of the Service. They will be asked to create a username and password and you are responsible for keeping them secure. We will not ask you for your password.
If the financial institution contacts us or our Service Provider for information regarding your Account, you authorize us to discuss the Transfer and the account information you have provided.
17. Account information disclosure: We will disclose information to third parties about your account or the transfers you make:
- As necessary to complete transfers;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
- To comply with government agency or court orders; or
- If you give us your written permission.
18. Billing errors: In case of errors or questions about electronic funds transfers from your share (savings), share draft (checking), and Money Market accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. Call us at: (505) 292-6343 or (800) 228-4031 or write to: Sandia Area Federal Credit Union, P.O. Box 18044, Albuquerque, NM 87185, or Fax: (505) 256-6183
- Tell us your name and account number.
- Describe the electronic transfer you are unsure about, and explain as clearly as you can why you believe the Credit Union has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
19. Limitation on Warranties: The site and service and related documentation are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non- infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of the site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer or certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
The foregoing shall constitute your exclusive remedies and the entire liability of credit union and its affiliates and service providers and the employees and contractors of each of these, for the service and the portion of the site through which the service is offered. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including, but not limited to, any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons.
20. Limitation on Liability: In no event shall Sandia Area Federal Credit Union or its affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by its affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them.
21. Limitation on Damages: Sandia Area Federal Credit Union’s aggregate liability and the aggregate liability of its affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
22. Legal action: You agree to pay us for any loss, cost or expenses we incur resulting from your failure to follow this Agreement. You also agree to pay us our reasonable attorney’s fees and costs incurred if we bring a legal action to collect any amount due under or to enforce this Agreement. , you agree to pay us our reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgement collection actions. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you, whether assessed by a Court or not. You agree that the courts in Bernalillo County, New Mexico shall be the sole venue for any legal action brought under this agreement. You agree to submit to the jurisdiction of those courts.