HAWAII COMMUNITY FEDERAL CREDIT UNION
eBranch and Bill Payment Agreement
Effective Date: October 23, 2019
eBranch Department: (808) 930-7700 Toll Free 1 (800) 514-2328 73-5611 Olowalu Street Kailua-Kona, HI 96740
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.
1. Scope of this Agreement
This Agreement between you and Hawaii Community FCU, 73-5611 Olowalu St. Kailua-Kona, HI 96740 governs your use of our eBranch and Bill Payment services (the "Service"). The Service permits our members to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.
WHEN YOU CLICK ON THE "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALSO, BY ACCEPTING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER ACTING WITH FULL AUTHORITY AND THAT YOU ARE DULY AUTHORIZED TO EXECUTE THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON.
You should print and/or save a copy of this Agreement for your records. Future updates will be sent electronically as further described below in Section 4. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select "File" and then "Save As" on your browser.
If you need a paper copy of this Agreement, please contact our eBranch Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.
Login ID - means an Login Identification Code used to access the eBranch Service
Agreement - means these terms and conditions of the eBranch and Bill Payment services.
Authorized User - is any individual, Consumer, Member, Joint Member, Sub-User or Business Member whom you allow to use the Service or your Password or other means to access your Eligible Account(s).
Bill Payment Service Provider - refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery services, Jack Henry & Associates Inc.
Biller - is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
Billing Account - is the checking account from which all Service fees will be automatically debited.
Business Day - is every day Monday through Sunday, excluding Federal Reserve holidays.
Business Member - Refers to anyone other than a Consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
Consumer - Refers to a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family, or household purposes.
Due Date - is the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts - An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking, or share draft account, money manager checking, premium saver checking and business checking accounts may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment Service Provider.
You may request Internet access to any account that you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account.
When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts - an Eligible Account that is added to the Service which is jointly held or has multiple signers.
Password - means your password that is known solely by you and not by this Financial Institution or our Service Providers that you use to access the eBranch Service.
Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
Payment Instruction - is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment - is a Bill Payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date - is the day you want your Biller to receive your Bill Payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
Service - means the eBranch, Bill Payment and Delivery services offered by Hawaii Community FCU through its Service Providers.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that this Financial Institution may involve in the provision of eBranch, Bill Payment, and electronic Bill Delivery services.
Sub-User - means an Authorized User who has been assigned access to a Business Member's Eligible Account by the business owner or other authorized Sub-User.
you and your - As used within this Agreement, "you" and "your" refer to the person enrolling in the Service, owner of the eligible accounts, Business Member as well as any Authorized Users or Sub-Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
we, us, or our - As used within this Agreement, refer to Hawaii Community FCU and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that Hawaii Community FCU may involve in the provision of the Service.
4. Prerequisites for Enrolling in the eBranch Service
In order to enroll in the eBranch Service:
Hardware and Software Equipment Requirements:
Prior to enrolling in the eBranch Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the eBranch Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there is a material chance that impact your ability to access the eBranch Service, we will give you advance notice of these changes and provide you an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.
5. Electronic DisclosuresWe may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include:
The equipment necessary for accessing these types of disclosures electronically is described above in Section 4. WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER EBRANCH RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE EBRANCH SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
If you consent to receive electronic disclosures and later change your mind, you may withdraw your consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:
Sending us a letter to 73-5611 Olowalu Street, Kailua-Kona, HI. 96740
Sending us a secure message through the eBranch Service
If you send us a secure message through the eBranch Service or write us a letter, please be sure to identify yourself and the applicable accounts.
If you enroll for e-statements and then later close your accounts with Hawaii Community FCU, your access to the eBranch Service will also be terminated. You may request paper copies of historical statements at the address listed above
You should print or save a copy of all disclosures delivered electronically. eBranch members may request paper copies of disclosures such as this eBranch Agreement free of charge
6. Basic eBranch Services
The basic features currently available through the Service include:
Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment process and/or you can add Bill Payment services at a later time by contacting our eBranch Department or sending us a secure message through the Service. Bill Payment members also have access to electronic Bill Presentment or Bill Delivery. We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.< /br>
7. Other Basic eBranch Features
Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services
Additional features within the Service include: check reorders, address changes, document requests. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure message to this Financial Institution. Generally, requests received through the Service's secure message feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our eBranch Department.
We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. In addition, in the User's Services menu, you can request Bill Payment services and the addition/ removal of Linked Accounts. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed in our fee schedule and/or at the time of your request.
8. Commercial Internet Banking Services
Additional online features are currently available for Business Members. These features may be subject to additional terms and conditions.
We may add or remove certain features and/or functionality from time-to-time. Business Members interested in these services should contact us for additional information.
Basic eBranch Service: (view balances and account transfers) - No charge
Bill Payment Fees: Standard Payments - No-Charge
There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.
You are responsible for any and all fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the eBranch Service was used during the billing cycle.
10. Enrollment Process
You must complete the enrollment process to use the Service.
The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Login ID and Password during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our eBranch Department will verify the information you submit for accuracy and proper authorizations.
11. Linked Accounts
When you first enroll for the Basic eBranch Service we will link all of your designated Eligible Accounts to one Login ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at (808) 930-7700 or toll-Free 1 (800) 514-2328 or send us a secure message through the Service.
With the exception of sole proprietors, Business Members may not link personal Consumer accounts to the Service.
If the Eligible Accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Login ID and Password are authorized unless we have been notified to cancel the Service.
12. Signature Requirements
When any online transfer or other Payment Instruction is initiated through the eBranch Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Authorized Users of Business Members that may be assigned payment or transactional capabilities through the Internet Banking Service should be authorized by the Business Member to make or approve electronic transfers, even though that person's authority to make transfers by other means may still require dual signatures.
13. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
The balances within the Service are updated periodically and the Service will display the most current "as of" date on the "accounts" detail page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
14. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still "pending".
If you need to edit a pending or approved transaction after-cut-off time, please contact us immediately; although in these situations, we may not have sufficient time to stop the transfer from further processing.
15. Transaction Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Manager and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized (automatic) electronic funds transfers (EFTs), during a given monthly statement period. Online account transfers and bill payments are counted toward the six permitted monthly transfers. Please refer to your original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits on the number of transfers or Bill Payments from your checking, or share draft account, money manager checking, premium saver checking and business checking accounts , therefore this financial institution currently limits the Bill Payment Service to only checking, or share draft account, money manager checking, premium saver checking and business checking accounts.
We understand how important privacy is to our members. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice (found on our website) before completing the enrollment process for the Service.
(A) Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Please refer to our privacy notice (found on our website) for additional detail on disclosure of account information.17. Internet Security
The eBranch Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to transact using the eBranch Service, our eBranch Department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the eBranch Service.
Login IDs and Passwords - One of the main security features protecting the eBranch Service is the unique combination of your Login ID and Password. During the enrollment process, you will be asked to select a unique Login ID and Password. For security purposes, do not use your account number or social security number as your Login ID. Encryption and access controls are used to protect your Password within our database. If you need to reset your Password, you may use our online automated Password reset feature or you may contact this Institution for assistance.
Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.
When you enroll for the eBranch Service you agree to change your Password immediately if you suspect that your Password has been compromised. This can be done at any time from the "Security Preferences" menu after you log on to the eBranch Service.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU BY TELEPHONE, EMAIL OR TEXT MESSAGING REQUESTING PERSONAL INFORMATION, SUCH AS YOUR LOGIN ID, PASSWORD, CREDIT CARD NUMBER, ATM CARD NUMBER OR ATM PIN. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS TYPE OF INFORMATION, DO NOT PROVIDE ANY INFORMATION AND CONTACT OUR EBRANCH DEPARTMENT IMMEDIATELY.
Encryption – The eBranch Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using eBranch. Your browser automatically activates this technology when it attempts to connect to our eBranch Service. The eBranch Service requires a browser that supports 128-bit encryption and we will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from "open" to "locked". What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the eBranch Service have been certified by a certificate authority to assure you that you are actually talking to the eBranch Service instead of someone pretending to be us. By clicking on the lock within the eBranch Service, you can view the certificate to ensure its valid.
Cookies - During your use of the eBranch Service, our eBranch Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide an Login ID and Password for each individual transaction. You must accept this cookie to use the eBranch Service. The session cookie is stored on your computer's hard-drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or "permanent" cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer's hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the eBranch Service.
Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we provide SMS Verification to help verify your identity in the event unusual login or transaction activity is detected.18. Your Security Obligations
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.
Occasionally we may post important security notices on our website and/or send online banking users security related notices or reminders; it is your responsibility to read all security notices.19. Protecting Your Password
When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Password or other means to access your account to any unauthorized individual(s). You are responsible for all transactions authorized or requested though the eBranch Service using a valid Login ID and Password, including those situations when your Login ID and Password are obtained due to compromise to your computer. If you permit other persons to use the eBranch Service with your Password, or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Password or other means to access your account has been lost or stolen or that someone may attempt to use the eBranch Service without your consent or has transferred money without your permission, you must notify us at once by calling (808) 930-7700 or Toll-Free 1 (800) 514-2328 during member service hours. You can also contact us by sending a secure message through the eBranch Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSWORD TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSWORD TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE EBRANCH SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AN AGGREGATION SERVICE PROVIDER, OR WHEN YOUR PERSONAL COMPUTER IS COMPROMISED BY A KEY STROKE LOGGING VIRUS OR ANY OTHER TYPE OF MALWARE).
You agree that we may send notices and other communications, including Password change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.20. Our Liability for Failure to Complete Transactions
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.21. Documentation and Verification of Payments and Transfers
Information regarding eBranch and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).22. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Login ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).
If Members who are Consumers tell us within two (2) Business Days after you discover your Password, Login ID used or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Password, Login ID or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
23. Provisions Applicable Only to Business Accounts
A. Protecting Your Account(s)
The Service will allow Business Members to establish individual Login IDs, Passwords and privileges for each Authorized User. Transaction history is maintained for each Login ID. Business Member(s) will be solely responsible for designating Authorized Users and assigning privileges within the service.
The Business Member shall be solely responsible for designating Sub-Users.
A Business Member may authorize individual Sub-Users who may be granted full or limited online access to the Eligible Accounts and may also be granted full or limited access to File Transfers, Stop payments and Check Reorders. Dual control should be established to help regulate the actions of multiple Sub-Users.
For security and auditing purposes, each Sub-User should be assigned separate Login IDs and Passwords. All cash management activity by both the Sub-User originator and Business Member is in the online Web Activity Log. Internal transfers are tracked for each Login ID.
The Business Member will need to provide the Login ID and temporary Password to each new Sub-User. The temporary Password will be used to gain access to the Internet Banking Service initially. After the Sub-User's initial log on, they will be prompted to set up their own unique Password, known only to them, for future use of the Internet Banking Service.
C. Business Member Liability
BUSINESS MEMBER REPRESENTS AND WARRANTS THAT IT'S AUTHORIZED USERS and sub-Users HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE INTERNET BANKING SERVICE. BUSINESS MEMBER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE INTERNET BANKING SERVICE BY IT OR ON IITS BEHALF.
BUSINESS MEMBER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN LOGIN ID AND PASSWORD OF ANY AUTHORIZED USER(S).
FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS MEMBER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS MEMBER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS MEMBER.
BUSINESS MEMBER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE INTERNET BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS MEMBER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN LOGIN ID AND PASSWORD OF BUSINESS MEMBER'S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER.
Business Member agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that HAWAII COMMUNITY FEDERAL CREDIT UNION and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to:
We may disable Passwords of Authorized Users even without receiving such notice from you, if we suspect Passwords are being used in an unauthorized or fraudulent manner.
Business Members shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Internet Banking Service.
This financial institution and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business Members' selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Members' development or implementation of said security procedures or the failure of Business Member to maintain said procedures.
Business Members shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Internet Banking Service using a valid Login ID and Password.
D. Commercially Reasonable Security Procedures
When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable.
You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Internet Banking Service, including procedures to protect the confidentiality of your Login ID and Password and the same for your Authorized Users. You agree to notify this Financial Institution in the event that your use of the Internet Banking Service would necessitate or be better served by a level of security that exceeds that offered by the Internet Banking Service. If you fail to notify this Financial Institution, you acknowledge and agree that the security aspects of the Internet Banking Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
E. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
Telephone us at: (808)930-7700 or toll free at (800)514-2328;
Write us at: 73-5611 Olowalu Street, Kailua-Kona, HI 96740
F. Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized transactions as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transaction, Hawaii Community Federal Credit Union will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
Hawaii Community Federal Credit Union and its Service Providers shall have no liability to you for any unauthorized transactions made using your Password that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
G. Limitation of Institution Liability
This Financial Institution and its Service Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. This Financial Institution and its Service Providers will have no liability for any loss or damage:
If this Financial Institution and/or its Service Providers fail or delay in making a payment or transfer pursuant to your instruction, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instruction.
We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank OF SAN FRANCISCO for each day interest is due, computed on the basis of a three hundred sixty (360) day year.
No third party will have rights or claims against HAWAII COMMUNIT FEDERAL CREDIT UNION and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.
Business Member(s) and its Authorized Users will defend, indemnify and hold harmless Hawaii Community Federal Credit Union and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Hawaii Community Federal Credit Union through the Internet Banking Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Internet Banking Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
24. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
25. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a "Welcome" e-mail. We will also send you e-mails and/or secure messages through the Service regarding important EBranch and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the Address Change menu or by contacting us at (808) 930-7700 or Toll-Free 1 (800) 514-2328 or by writing us at Hawaii Community FCU at 73-5611 Olowalu Street, Kailua-Kona, Hi 96740
Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
26. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our eBranch Department or send us a secure email through the Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any eBranch or Bill Payment activity for a period of ninety (90) days, accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call us at (808) 930-7700 or Toll-Free 1 (800) 514-2328 or by writing us at Hawaii Community FCU at 73-5611 Olowalu Street, Kailua-Kona, Hi 96740
27. Exclusions of Warranties and Limitation of Damages
THE EBRANCH SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE EBRANCH SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE EBRANCH SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
WE ARE NOT RESPONSIBLE FOR AND YOU AGREE TO HOLD US HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF OR IN CONNECTION WITH ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, OR YOUR FAILURE TO OBTAIN ADEQUATE ONLINE SECURITY HARDWARE AND SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUSES THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING THE EBRANCH SERVICE. IN ADDITION, WE WILL NOT BE RESPONSIBLE FOR ANY THIRD PARTY ACCESS OR ATTEMPTED ACCESS TO YOUR COMPUTER OR SOFTWARE WHILE USING THE EBRANCH SERVICE OR OUR WEBSITE.
WE ARE NOT RESPONSIBLE AND YOU AGREE TO HOLD US HARMLESS FOR SECURITY BREACHES CAUSED BY OR ARISING FROM A BREACH OF YOUR COMPUTER SYSTEM, INTERNET PROVIDER OR YOUR MOBILE DEVICE CARRIER.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.
THE FOREGOING SHALL CONSTITUTE HAWAII COMMUNITY FCU AND IT'S SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL HAWAII COMMUNITY FCU OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE EBRANCH SERVICE.
28. No Unlawful or Prohibited Use
As a condition of using the eBranch Service, you represent and warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the eBranch Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
30. No Waiver
This Financial Institution and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of this financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
33. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Hawaii Community FCU and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
34. Governing Law and Relation to Other Agreements
Accounts and services provided by this Financial Institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State Hawaii, without regard to its conflicts of laws provisions.
35. Bill Payment Terms and Conditions
(A) Bill Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller (typically five (5) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling Bill Payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
(B) Bill Paying Process
Single Payments – A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment's processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the Financial Institution, is currently 10:00am HST
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment's processing date, the payment will be processed on the first business day following the designated processing date.
Recurring Payments – When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.
(C) Single and Recurring Payments
The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your "Payees".
(D) Payment Authorization and Payment Remittance
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives. When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.
(E) Available Funds
Funds will be debited on the date the transaction is processes (sent), which could be up to five (5) days prior to the due date, dependent on payment method.
(F) Payment Methods
Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment.
(G) Bill Payment Stop Payment Requests
You may cancel or edit a Scheduled Payment up until the time that payment processing begins. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment, it cannot be cancelled or edited and a stop payment request must be submitted.
We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun. The ability of this Financial Institution and its Service Provider to process a stop payment on a Bill Payment request that is already in process will depend on the payment method and whether or not the payment has cleared.
If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact Hawaii Community FCU immediately at (808) 930-7700 Toll Free 1 (800) 514-2328 We will make every effort to accommodate your request but we will have no liability for failing to do so unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized EFTs. Fees may apply.
We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule. Please refer to our website for a Fee Schedule.
(H) Returned Payments
In using the Service, you understand that Billers may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
Payments returned by the United State Postal Service, will be sent back to the address on file for the account holder.
(I) Bill Payment Information Authorization
Requests for Bill Payment privileges may not be fulfilled if this Financial Institution and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service; you agree that this Financial Institution and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that this Financial Institution and its Service Providers reserve the right to obtain financial information regarding your account from a Biller or your Financial Institution (for example, to resolve payment posting problems or for verification).
(J) Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments to Internet gambling sites are also prohibited through the Service.
(K) Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall this Financial Institution or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
(L) Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides 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.
(M) Failed Transactions
In using the Service, you are requesting us 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 (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed and a Non-Sufficient Funds (NSF) fee will be charged according to our Fee Schedule. In some instances, you will receive a return notice. In such case, you agree that:
The Financial Institution has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.
36. Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
(A) Information Provided to the Biller
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by you; contact the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's or company's bill.
Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Upon activation of the electronic bill feature, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
(D) Cancellation of Electronic Bill Notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider 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. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
(E) Non-Delivery of Electronic Bill(s)
You agree to hold harmless, this Financial Institution and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
(F) Accuracy and Dispute of Electronic Bill
Neither this Financial Institution, nor its Service Providers are responsible for the accuracy of your electronic bill(s). This Financial Institution and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
Proceed with Enrollment for the Service
By clicking on the "I agree" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the "I Agree" button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.
(If you do not agree, choose cancel below.)
If you click "cancel" you can still enroll at a later time. You will still be asked to accept the terms and conditions of this Agreement.