MARINE FEDERAL CREDIT UNION ONLINE SERVICES AGREEMENT AND ELECTRONIC STATEMENT AGREEMENT Definitions: We, us, Marine FCU, and Credit Union refer to Marine Federal Credit Union. MFCU@Home refers to the online account access system offered by Marine FCU. Online Service(s) refers to MFCU@Home, MFCU@Home Online Bill Payment and Presentment Service, eStatements, Funds Transfer/Pay People Services, and any additional available services made available in the future, either individually or collectively. You, your, my and I refer to all who activate, accept, use, or authorize use of MFCU@Home and Online Services. Access Code refers to your selected code(s) and/or user ID(s) required to access any Marine FCU Online Service. Agreement refers to all the Terms and Conditions Agreements associated with Marine FCU's Online Services. Business Day refers to Monday through Friday, excluding Federal holidays. Payment Service refers to MFCU@Home Online Bill Payment Service and the third party Bill Payment and Presentment service provider. Metavante refers to the third party Bill Payment and Presentment service provider. Payment Account refers to your Marine FCU MarChek checking account and, in the instance of non-sufficient funds and/or an overdrawn account, any applicable share account or available balance on lines of credit at Marine FCU from which all bill payments may be made and/or such funds collected. Payee refers to the person or entity to which you wish a bill payment to be directed. Payment Instructions refer to the information provided by you to the Payment Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.). Scheduled Payment Date means the Business Day of your choice upon which your bill payment will be processed. Cutoff Time refers to the time by which you must transmit instructions for that particular Business Day. E-Bill refers to the receipt of a bill in electronic format. E-Bills may be obtained through a Participating Payee or through obtaining an E-Bill from the website of the Payee. eStatements: As part of MFCU@Home access, you request electronic delivery of your periodic statements. You must view the Online Electronic Statement Agreement and click “Sign Up” prior to completing your MFCU@Home access process. You acknowledge electronic receipt of the eStatement Disclosure. Electronic Disclosure of the Agreement: You acknowledge electronic receipt of the Agreement associated with Marine FCU's Online Services, MFCU@Home, Electronic Statement and Electronic Fund Transfer Act disclosures, and agree that you have read and will abide by all terms and conditions. You also agree that Marine FCU will not provide you with a paper (non electronic) copy of this Agreement unless specifically requested. Further, you understand that by using your browser's print command and a printer you can print a copy of this Agreement. Account and Technical Requirements: You understand that you must have Internet Access through an Internet Service Provider (ISP) and Internet Browser software (Microsoft Internet Explorer 6.0, Netscape 6.1 or higher, AOL 8.0 or higher, Firefox 1.0) to use MFCU@Home and MFCU@Home Online Services. You understand that Marine FCU does not make any warranties on equipment, hardware, software or ISP, or any part thereof, expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. You agree that Marine FCU is not responsible for any loss, injury, or damages, whether direct, indirect, or caused by the ISP, any related software, the use of MFCU@Home and/or its Online Services, or arising in any way out of installation, use or maintenance of your personal computer hardware, software or other equipment.
Access Code: You agree not to give or make available your Access Code (s) to any unauthorized individuals. If you permit other persons to use your Access Code(s) to access any Marine FCU Online Service, you are responsible for all resulting transactions. If you believe that your Access Code(s) has been lost, stolen, or compromised, or that someone may attempt to use the Online Services without your consent, or that an unauthorized transaction has occurred on your account, you must notify Marine FCU by calling the 24 hour/7 days a week call center at 910.577.7333 or 800.225.3967. You also agree that Marine FCU may revoke your Online Services if unauthorized account access and/or transactions occur as the apparent result of negligence of any kind, including failure to safeguard your Access Code(s). You understand that Marine FCU may revoke or refuse to grant you any Online Service if you have caused the credit union a loss. Fees and Charges: Refer to the Fees and Charges Schedule in the Truth in Savings disclosure. There are no fees to use MFCU@Home. Any fees associated with your other deposit account(s) or services apply. You are responsible for all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet Service Provider. If you receive eStatements, there is no fee for MFCU@Home Online Bill Payment and Presentment Service. Otherwise, the fee is $3.95 per month. Your Payment Account will be debited on the 14th of each month or the following business day for the previous month's Bill Payment and Presentment service. The Funds Transfer fee is $5.00 per transaction for transfers from your Marine FCU account to a third party individual or financial institution using Online Services. Alterations and Amendments: The terms of this Agreement, applicable fees, and service charges may be altered or amended by Marine FCU from time to time. In such event, Marine FCU shall notify you as required by law. Your use of the Online Services after Marine FCU notifies you of a change constitutes your agreement to such change(s). Further, Marine FCU may revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Marine FCU reserves the right to terminate this Agreement and all prior versions of MFCU@Home, Funds Transfer, eStatements and Online Bill Payment and Presentment Service programs, services, and/or related material and/or limit Online Service access in accordance with the most current Agreement. Termination and Discontinuation: If you wish to discontinue your MFCU@Home Online Services, you must submit the request in person at any Marine FCU Branch, via fax to 910.355.7866, or via mail to: ATTN: Online Services Marine FCU PO Box 1551 Jacksonville, NC 28541-1551 Marine FCU may terminate use of the Online Service(s) to any individual at any time without advance notice. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement. Information Authorization: Through your enrollment in Marine FCU's Online Services, you agree that Marine FCU or the Payment Service reserves the right to request a consumer agency report and/or a review of your credit rating at its own expense through an authorized consumer/credit agency/bureau. In addition, you agree that the Payment Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems. Disputes: Read this provision carefully because it limits your rights in the event of dispute. Any disputes between you and Marine FCU must be resolved by arbitration. Arbitration is a means of having an independent third party resolve a dispute without using the court system. With arbitration, there is no right to appeal the decision of the arbitrator. You understand that each of us is waiving the right to a jury trial or a trial before a judge in a public court. Either of us may submit a dispute concerning this Agreement to binding arbitration at any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced. If either of us fails to
submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. Any controversy or claim arising out of or relating to this Agreement, or the accounts covered by this Agreement, will be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. All statutes of limitation and rules of law that would otherwise be applicable to this Agreement, including those provided in the North Carolina General Statutes, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. Nothing in this Agreement shall be construed to prevent our or your use of (or advancement of any Claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure, or other prejudgment or provisional remedy relating to any collateral, security, or property interests for contractual debts now or hereinafter owned by either party to the other. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Assignment: You may not assign this Agreement to any other party. Marine FCU may directly or indirectly assign this Agreement to any future affiliated company. Marine FCU may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third-party service providers. No Waiver: Marine FCU shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Marine FCU. No delay or omission on the part of Marine FCU in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Captions: The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and the Federal Credit Union Act. MARINE FCU ONLINE ACCOUNT ACCESS First time users: In order to use Marine FCU Online Services you must read and accept the online disclosures. Upon acceptance, you will be required to change your password, enter your email address, and select your security questions. Changing your password in MFCU@Home does not affect your Authorization Code in the Touch Teller system. Available Transactions: In addition to transactions stated in the Electronic Funds Transaction Disclosure, you may perform the following transactions are available via MFCU@Home. 1. Review and search for particular items in your account histories. 2. Download account histories to hard drive or to financial software such as Microsoft Money or Quicken. 3. Pay most bills with MFCU@Home Online Bill Payment Service option. 4. Change your address, phone number, or email in the User Options menu.
5. Transfer funds to or from other financial institutions. 6. Transfer funds to other people. 7. Send email notifications and set up automatic transfers. 8. Establish transfers between Marine FCU accounts.* *To access this part of the system, the owner or joint owner on the account from which the funds are being transferred must complete and sign an Account Transfer Agreement. The maximum transfer amount is the available balance in your share accounts, plus the unused portion of your Marine FCU Line of Credit (standard minimum transfer limits apply). You may obtain an account transfer agreement by contacting Marine FCU. ONLINE BILL PAYMENT AND PRESENTMENT MFCU@Home Online Bill Payment and Presentment Service allows users to make payments (pay bills) to any individual or entity in the United States or its territories and/or possessions as well as view qualified bills in an electronic format (E-Bill). This service will not be permitted on accounts with overseas addresses with the exception of FPO/APO addresses. Bill Payments may be scheduled up to one year in advance of the scheduled payment date, to pay one-time or on a recurring basis. Required Accounts: In order to use MFCU@Home Online Bill Payment and Presentment Service you must have a Marine FCU MarChek or ATM/Debit checking account. Termination or Discontinuation: If you wish to discontinue your MFCU@Home Online Bill Payment and Presentment Service, you must contact Marine FCU through one of the following methods: In person at any Marine FCU branch; Via phone at 910.577.7333 or 800.225.3967; Via fax to 910.355.7866; Via e-mail to eservices@marinefederal.org. IMPORTANT: Please include only the last 3 digits of your account number in your e-mail; this is an unsecured transmission; or In writing to the following address: ATTN: Online Bill Payment and Presentment Service Marine Federal Credit Union P.O. Box 1551 Jacksonville, NC 28541-1551 The service discontinuation may take up to 10 business days. If service is discontinued any time during any month, the service fee for that month will be drafted from the applicable Payment Account the following month. Enrollment: To access the Bill Payment and Presentment option you must first access MFCU@Home and then select the "Bill Payment" tab. Marine FCU reserves the right to refuse enrollment in the MFCU@Home Online Bill Payment and Presentment Service to any member who does not meet the MFCU@Home Online Bill Payment and Presentment Service criteria which has been established by Marine FCU and/or the Bill Payment and Presentment service provider. Use of a Third-Party Bill Payment and Presentment Service Provider: Marine FCU has contracted with Metavante to provide Bill Payment and Presentment services. Metavante processes Bill Payment and Presentments and answers questions directly related to these member-initiated transactions. Marine FCU, at its sole discretion, reserves the right to change service providers without notice. By providing the Payment Service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the Payment Service to follow the Payment/E-Bill Instructions that it receives from you through the MFCU@Home Online Bill Payment and Presentment Service. When the Payment Service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf. Stopping or Modifying MFCU@Home Online Bill Payment and Presentment Authorized Payments: You may cancel or change Bill Payment and Presentment instructions before the
cutoff time of 8:00 p.m. CT the night prior to the Scheduled Payment Date. After the cut off time, you may contact Marine FCU customer service at 910.577.7333 or 800.225.3967. Cancellation requests received after the cutoff time will not be processed until the next business day. Bill Payment and Presentments: All payments you make through MFCU@Home Online Bill Payment and Presentment Service will be deducted from your designated Payment Account. Sufficient funds must be available by midnight the night before the Scheduled Payment Date. Funds will be deducted from your Payment Account within two to four business days after the Scheduled Payment Date. Any payment you wish to make through the Payment Service must be payable in U.S. Dollars. Each Payee must appear on the Payee list you create within Marine FCU Bill Payment and Presentment Service, and the account you are paying must be in your name. You must allow sufficient time for the Payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with Payee, not taking into account any grace period provided by the Payee). Marine FCU is not liable for any late fees, finance charges, or other actions levied against you. Payment will be made to your Payee either electronically via the Automated Clearing House (ACH) or by check via the United States Postal Service. The method of payment depends upon the processing method that can be accommodated by the Payee or Metavante (e.g., some Payees are unable to accept electronic payments). Payments made through the Payment Service will appear on your Marine FCU periodic statements. Marine FCU is responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated merchant. Marine FCU is not liable for any damages you incur (1) if you do not have sufficient funds in your account to make the payment on the processing date; (2) if the estimated time to allow for delivery to the Payee is inaccurate; (3) due to delays in mail delivery; (4) due to changes of merchant address or account number; (5) due to the failure of any merchant to correctly credit your account in a timely manner; or (6) due to any other circumstance beyond the control of Marine FCU. To use the Payment Service, you must keep Marine FCU aware of changes in your current home or business phone numbers, as well as changes in your home mailing address and email address. If transactions cannot be processed because of insufficient funds in the Payment Account, your online Bill Payment and Presentment Processing will be frozen until funds are received. Metavante will debit your account up to three times before turning it over to their collection department. Once funds have been received by Metavante, you may contact Marine FCU to determine if and when Bill Payment and Presentment processing will be reactivated. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling your payments through MFCU@Home Online Bill Payment and Presentment Service. Your MFCU@Home Online Bill Payment and Presentment Service may be terminated due to excessive NSFs. You authorize Marine FCU and any third-party acting on behalf of Marine FCU to choose the most effective method to process your payments. You will receive a transaction confirmation number for each properly instructed payment. In addition to all other limitations of liability set forth herein, Marine FCU shall not be liable for any failure to make a payment if you do not receive a confirmation number. Prohibited Payments: The following payment types are prohibited through the Payment Service: 1. Tax Payments. 2. Court Ordered Payments. 3. Payments to Payees outside the United States or its possessions/territories. 4. Other categories of Payees that we may establish from time to time. Payee Limitations: Marine FCU reserves the right to refuse to pay any person or entity to which you may direct a payment. Marine FCU will notify you promptly if it decides to refuse to pay a person or entity designated by you. However, this notification is not required if you attempt to pay any individuals/entities which are prohibited under this Agreement.
Address Changes: You agree to promptly notify Marine FCU in writing of any address change. Updating your address at Marine FCU does not automatically update the address on the Payment Service. Use the Address Change Option through the MFCU@Home User Options menu to update your address with the Payment Service. In the Event a Service Transaction Is Returned and/or Overdraws Your Payment Account: When using the Payment Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (i.e., there are non-sufficient available funds (NSF) in your Payment Account to cover the transaction), the transaction may not be completed. In some instances you will receive a return notice from Marine FCU. In these cases, you agree that an NSF fee will be charged in accordance with Marine FCU's established and published service fees. You also agree that an NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your Payment Account. By enrolling for and using this MFCU@Home Online Bill Payment and Presentment Service, you agree that Marine FCU has the right to collect funds from any Marine FCU accounts owned by you, as well as the available balance on your line of credit accounts to recover funds for all payments that you have requested. E-Bills: E-Bills is a feature of the Bill Pay service that enables you to receive bills electronically from participating Payees. You must use Bill Pay and Presentment service in order to receive Ebills. Approval of E-Bills Participating Payees establish their own criteria for reviewing requests to receive E-Bills and have sole discretion to accept or decline your request. Marine FCU does not participate in this decision. Participating Payees generally take up to five (5) credit union business days to approve an E-Bill set-up request. Accessing E-Bills from a Third Party In some cases we obtain the E-Bill from the web site of the Payee. To do so, we will ask you for information needed for this purpose, such as any required password and user ID. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us your agent for this limited purpose. Timely Delivery of E-Bills We take no responsibility if a Payee does not provide the necessary data to forward an E-Bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other adverse consequences. Any Payee questions regarding your bill details should be directed to your Payee. Stop E-Bills All parties have the right to cancel the service at any time. We will notify you if Marine FCU or a Payee discontinues/stops E-Bills. You must allow (7) credit union business days for the payee to receive and process your requests to discontinue an E-Bill Privacy When you establish E-Bills with a participating Payee you will provide certain information that will be forwarded on to the Payee to complete your enrollment. If you have concerns about the future use of this information you should contact your Payee directly. FUNDS TRANSFER AND PAY PEOPLE SERVICES Funds Transfer and Pay People Services give you the option of transferring funds between your linked personal deposit accounts at Marine FCU and certain deposit or investment accounts at other financial institutions, or to another individual. An inbound transfer moves funds into an account at Marine FCU from an account outside Marine FCU. An outbound transfer moves funds from an account at Marine FCU to an account or person outside Marine FCU. You must register each of your non-Marine FCU accounts that you wish to use for these transfers. You agree that you will only attempt to register accounts for which you have the authority to transfer funds. Transfers may be Standard or Pay People Transfers. o Standard Transfers: Funds will be debited the business day after you initiate the transfer. Funds will be credited on or before the fourth (4) business day o Pay People Transfers: Funds will be available to collect within two (2) to four (4)
business days. Cut-off Time: The cut-off time for Standard Transfers is 11:59 p.m. ET. Any Standard Transfer made after the cut-off time will be initiated the next business day. o There is no fee for inbound transfers. There is a fee for outbound transfers. Please refer to the Fee Schedule in the Truth in Savings Disclosure for fees; fees are also disclosed at the time the transfer is processed. Transfers to/from Marine FCU accounts are subject to funds available in the account and to the following dollar limits/standards: o
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STANDARD SERVICE Inbound Transfers Daily $2,000 Monthly $5,000 Outbound Transfers Daily $15,000 Monthly $25,000 Monthly $1,000
PAY PEOPLE SERVICE Daily $500 Overall Limit (Across All Services) $25,000
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The above limits apply to the total of all transfers of a specific type for all accounts. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. A transfer remains “In Process” until fully completed. Standard Funds Transfers and Pay People Transfers typically remain “In Process” until the close of the fourth business day after the transfer is initiated.
Once a Pay People Transfer is available for collection, the recipient has 30 days to collect the money. If the money is not collected within 30 days the transfer will automatically be cancelled and the funds returned to the account of origin. Once the collection process has been initiated by a recipient, it will take up to 2 business days for the Pay People Transfer to be completed. Standard and Pay People Transfers are available to all members, but you agree we may cancel, without prior notice, upon the occurrence of a “Disqualifying Event,” as defined below. We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits to the amounts stated above without prior notice upon occurrence of a Disqualifying Event. Each of the following is a “Disqualifying Event”:
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You have any accounts with Marine FCU that are not current or not in good standing You had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Marine FCU account during the current or four prior calendar months.
You have had any prior Outbound or Inbound transfers involving accounts at Marine FCU and/or other financial institutions that were cancelled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason. All Standard Transfers are immediate. You may not cancel after the information has been transmitted. Pending Pay People Transfers may be cancelled using the Funds Transfer interface.