GOLDEN PLAINS ON-LINE AGREEMENT AND DISCLOSURE
This Agreement sets out the rights and obligations of a user of the Golden Plains On-Line Services. It describes the rights and obligations of Golden Plains Credit Union. Please read this Agreement carefully. You must sign a copy of this Agreement before your on-line service will be effective. You should also keep a copy for yourself as this sets forth how your account will be handled. You will also be responsible for any subsequent changes to this agreement after you have been given thirty (30) days written notice of the changes. The written notice can be either posted to the Golden Plains Credit Union site (www.gpcu.org) or included with your monthly statement.
DEFINITIONS
The following definitions apply in this Agreement. Golden Plains On-Line is the WEB-based service providing access to your Credit Union account(s); "Online account" means any account from which you will be conducting transactions using this service; and "password" is the member-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the service. "Time of day" references are to Central Standard Time or Central Daylight Time, as applicable. "Transaction date" means that day, unless after 3:00 p.m., or on a holiday in which case it means the next business day. Any "We", "Us", or "Credit Union" refer to Golden Plains Credit Union which offers the services, and which holds the accounts accessed by the services. "Authorized use" is use of the system by anyone using your "security code", who you have given the "security code", or to whom you have made the "security code" available.
1. Account Requirements.
In order to subscribe to the service, you must have at least one account with Golden Plains Credit Union. You may also include other accounts such as checking, savings, money market, certificates of deposit or loan accounts. Golden Plains On-Line is not available on any account, for which two signatures are required for withdrawals, charge off or dormant accounts. Use of the service will be subject to the underlying deposit account or loan account agreement for each account.
2. Hardware and Internet Use.
a. Technical Requirements. In order to use the service, you will need access to the Internet. Failure of your equipment to access the Internet, or any failure on your system that causes a problem with your transactions is a risk that is accepted by you. We will make an effort to assist you in determining whether there is a system incompatibility problem between your system and ours, but ultimately the problems with any incompatibility is a responsibility you accept.
b. No Liability. We are not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including without limitation, any web browser, any Internet Service Provider, or any equipment you may use, including, without limitation, telecommunication's facilities, computer hardware and modem. You are solely responsible for the set-up and maintenance of your computer, modem, or other access devices. Except as specifically required in this Agreement or by applicable law, you agree that we will not be liable for any damage, whether direct, indirect, special or consequential or otherwise, including economic, property, personal, or other loss or injury whether caused by hardware or system wide failure, whether due to a virus or other disabling routine, or otherwise, or resulting from the installation, use, or maintenance of the equipment, or other items necessary to access or use the service.
3. Availability of Service.
The Services are available 24 hours a day, seven (7) days a week, except during maintenance periods.
4. Access to Services.
The Credit Union will provide instructions on how to use Golden Plains On-Line and Bill Payment service. You will gain access to your On-Line accounts through the use of your Internet-enabled device, your Internet Service Provider, your security code and your User ID.
5. Use of your Security Code.
You agree not to allow anyone to gain access to the services or to let anyone know your security code used with the services. In order to protect yourself against fraud, you need to adhere to the following guidelines:
A. Do not give out your account information, security code, or member number.
B. Do not leave your PC unattended while you are using the online credit union service.
C. Never leave your account information within range of others, and
D. Do not send privileged account information (account number, security code, etc.) in any public or general e-mail system.
6. Lost or Stolen Security Code.
If your Security Code or password has been lost or stolen, call the Credit Union immediately at (800) 825-7661 between the hours of 9:00 a.m. to 5:00 p.m. (Central Time), Monday through Friday. Telephoning the Credit Union is the best way of minimizing your losses. If you believe your security code has been lost or stolen and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your security code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your security code, and we prove we could have stopped someone from using your security code without your permission if you had told us, you could lose as much as $500. If you believe your security code has been lost or stolen, please use the security code change feature within the Golden Plains On-Line section of the Web site to change your security code. If you find that someone has changed your security code, call us immediately so that unauthorized transactions may be stopped.
7. Credit Union Transactions with Golden Plains On-Line.
A. Fund Transfers and Account Information.
1. Internet Credit Union Service. You may use the service to: (i) transfer funds between your Accounts that are checking, savings, money market deposit, or loan accounts; (ii) view current balance information for your accounts; and (iii) import or export your Account information to and from software such as Microsoft Money financial management software (1997 and subsequent versions), or such other software for which the credit union may from time to time decide to make export hooks. The Credit Union does not accept responsibility for any such conversion utility, nor does it promise to continue to make this service available in the future.
2. Fund Transfers-Authorization. You may transfer funds between your accounts that are checking, savings or money market deposit accounts in any amount equal to or greater than $1.00 and less than $10,000. When you request a fund transfer using the service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating account to the designated recipient account. The "transaction date" is the date that the fund transfer is actually made. We deduct the amount of your fund transfer from the designated originating account on the transaction date. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your account on the transaction date. Funds transferred to the designated recipient account will be deemed deposited on the transaction date and will be available thereafter in accordance with our funds transfer availability policy.
3. Account Information. The account balance shown will be current as of the immediately preceding business day. The account balance may include deposits still subject to verification by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
B. Bill Payment Service
1. Bill Payments. You may also use the service to pay bills if you choose the Bill Payment Service. Unless the context clearly requires otherwise, all references to the "service" herein also refer to the Bill Payment Service as long as you subscribe to the Bill Payment Service. With the Bill Payment Service, you may: (i) make current, future, or recurring payments to certain companies or individuals you select and make current, future, or recurring payments directly to your loan or credit accounts with us. You may make bill payments in any amount greater than or equal to $1.00 and less than $10,000.00. Bill payments may not be made to pay taxes, child support maintenance, alimony or other court-ordered obligations. Payments made outside of the U.S. and its territories are not recommended. If you authorize periodic payments to any entity, those payments may continue until you either terminate the periodic payment, or there are insufficient available funds to allow the payment. The risk of loss due to over payment on any authorized payment using the Bill Payment Service is on you.
Bill Payment disclosures and instructions are provided before you enroll in this service.
8. Limits and Transfers from Accounts.
Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) pre-authorized electronic fund transfers and telephone transfers, including bill payment transactions, checks and point-of-sale transactions, per month. Each fund transfer or bill payment through the service from your savings or money market deposit account is counted as one (1) of the six (6) transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts. Your ability to transfer funds from certain accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.
9. New Services.
New services may be introduced for Golden Plains On-Line from time to time. The Credit Union will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
10. Electronic Mail (E-Mail).
If you send the Credit Union an e-mail message, the Credit Union will be deemed to have received it on the following business day. The Credit Union will have a reasonable time to act on your e-mail. You should NOT rely on e-mail if you need to communicate with the Credit Union immediately. For example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur e-mail transmissions outside of the mail you create within the Golden Plains On-Line site are not secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, password, and account information, etc. via any general or public E-mail system.
11. Fee Schedule.
The Credit Union offers the benefits and convenience of Golden Plains On-Line to you free.
12. Statements.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If your statement shows transfers that you did not make, notify the Credit Union immediately by calling (620) 275-2151, 9:00 a.m. to 5:00 p.m. (Central Time), Monday through Friday or writing the Credit Union at: Attn: Member Finance Department, Golden Plains Credit Union, P. O. Box 459, Garden City, Kansas 67846. If you do not notify the Credit Union within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if the Credit Union had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting the Credit Union, the Credit Union may extend the time periods.
13. Your Responsibility.
In case of errors or questions regarding a Golden Plains On-Line or Bill Payment transaction, call (800) 825-7661, 9:00 a.m. to 5:00 p.m. (Central Time), Monday through Friday or write the Credit Union at: Attn: Member Finance Department, Golden Plains Credit Union, P. O. Box 459, Garden City, Kansas 67846. We must hear from you at the telephone number or address, listed above, no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. We will need: 1. your name and account number 2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information 3. The dollar amount of the suspected error and date on which it occurred. If the report is made orally, we will require that you send the complaint or question in writing within twenty (20) business days. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) business days (instead of ten (10) and ninety (90) calendar days (instead of forty-five (45). If we determine that no error occurred, we will send you a written explanation within three (3) business days after the investigation has been completed. You may request copies of the documents that were used in the investigation.
14. Our Responsibility.
If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
1. if through no fault of the Credit Union, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with credit union's policy.
4. If your funds are subject to legal process or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission, and you fail to notify the Credit Union immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
15. Virus Protection.
The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
16. No Signature Required.
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
17. Disclosure of Information to Third Parties.
We will disclose information to third parties about your account or transfers you make:
1.where it is necessary for completing transfers. Or,
2.in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant. Or,
3.in order to comply with government or court orders, or other reporting requirements. Or,
4.if you give us your written permission. Or,
5.where through action of your own, information about your account has been put onto the Internet in an insecure manner.
6. to the Credit Union affiliated companies.
18. Inactivity; Termination.
You are responsible for complying with all the terms of this agreement and with the terms and conditions agreement and all other disclosures governing the deposit accounts which you access using electronic credit union services. We can terminate your electronic banking privileges (including the Bill Payment Service) under this agreement without notice to you if:
you do not pay any fee required by this agreement when due or
You do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.
We will promptly notify you if we terminate this agreement or your use of the services for any reason. If you are not paying a monthly service charge for the service, we may convert your account to inactive status if you do not sign on to the service or have any transaction scheduled through the service during any consecutive ninety (90) day period. If your account is considered inactive, you must contact us to have the service activated before you will be able to schedule any transaction through the service. To cancel the Golden Plains On-Line and/or Bill Payment Service, you must notify the Credit Union and provide your name; address; whether you are discontinuing Golden Plains On-Line, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Golden Plains On-Line Bill Payment Services will also be terminated. You may notify the Credit Union by one of the following methods: 1. by calling (800) 825-7661, 9:00 a.m. to 5:00 p.m. (Central Time), Monday through Friday.
2. By writing a letter and either sending it to the following address: Attention: Member Finance Department, Golden Plains Credit Union, P. O. Box 459, Garden City, Kansas 67846. 3. By giving it to a Member Finance Representative at any of the Credit Union's locations.
19. Children�s Online Privacy Protection
It is not our intent to collect any personal information from any one under the age of 13 in accordance with the Children�s Online Privacy Protection (COPPA) rule.
20. E-Sign
You, the member, have the right and/or option to:
Have your records provided in paper format
Withdraw your consent for electronic records.
This consent applies to any and all electronic transactions with the Credit Union.
If you chose to withdraw your consent for electronic records/statements, please contact us by calling (800) 825-7661, 9:00 am to 5:00 pm (Central time) Monday through Friday or by writing a letter and either sending it to the following address:
Attention: Member Finance Department
Golden Plains Credit Union
P.O. Box 459
Garden City, Kansas 67846
or by giving it to a Member Finance Representative at any of the Credit Union's locations.
If it is necessary to update your contact information, please do so by any one of the methods described above.
After you have consented to receive electronic records, you may obtain a paper copy by any one of the methods described above. You may incur a fee for this �second� statement. Please reference the Fee Schedule.
The minimum hardware and software requirements for access to, and retention of, the electronic records are as follows:
Processor speed: 486 or higher
Modem speed: 28.8 Kbps or higher
Monitor Size: Any size, 800x600 resolution or higher
Memory Size: 16MB or higher
For maximum performance, we recommend that you use either Netscape Navigator 4.0 or higher or Microsoft Internet Explorer 4.0 or higher. We will not provide customer support to users with browsers whose release levels are lower than listed here.
I consent to the use of electronic records and signatures.
21. Governing Law.
This Agreement is governed by the laws of the State of Kansas and applicable federal law.