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Monterra Credit Union Electronic Signatures (ESIGN) and Digital Banking (Retail & Business) Disclosures and Agreement
1. Electronic Signatures in Global and National Commerce Act (ESIGN) Disclosure and Agreement
Please read this Electronic Signatures in Global and National Commerce Act (ESIGN) Disclosure and Agreement carefully and keep a copy for your records. This ESIGN Disclosure and Agreement, as amended from time to time, provides important information required by the ESIGN Act and confirms your consent to receive certain disclosures and information electronically. In this Agreement, the terms “you” and “your(s)” refer to the member, and the terms “we”, “us”, “our(s)” and “Credit Union” refer to Monterra Credit Union.
Electronic Copy of Related Disclosures, Agreements and Instructions. In order to speed up the deposit account application process, and/or to access online banking services, mobile banking services, mobile deposit services and/or electronic periodic statements, with your consent, we will provide you with certain Account Documents (as defined below) electronically, rather than by postal mail or in person.
You agree to the terms and conditions stated herein and consent to receive electronic delivery of the following documents: (a) application(s) and agreement(s) for the product(s) you select; (b) all applicable legal disclosures including, but not limited to, disclosures and notices pursuant to the Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Truth in Savings Act (Regulation D), Truth in Lending Act (Regulation Z), Real Estate Settlement Procedures Act (Regulation X), Electronic Funds Transfer Act (Regulation E), and Expedited Funds Availability Act and the Check Clearing for the 21st Century Act (Regulation CC); (c) notices or disclosures about any change in terms for your account(s); (d) privacy policies and notices; (e) stop payment and notices of dishonor; (f) periodic account statements (monthly or quarterly, as applicable) for your account(s); (g) instructions for signing and returning the account signature card; (h) tax statements and notices; and (i) privacy policies/notices, (j) service or end-user agreements for our online services, (k) disclosures and notices we are legally required to provide to you or choose to provide to you in our discretion, (l) notifications to advise you of conditions or fees imposed on your deposit account (collectively, “Account Documents”). The Account Documents will be provided either: (1) via e-mail, (2) via accessing a website designated for such purpose; or (3) via a PDF file that you may download.
Your Consent is Required. You must consent to receiving the Account Documents before we can provide them to you electronically, by consenting to the terms of this ESIGN Disclosure and Agreement. If you do not consent to electronic delivery of the Account Documents, you will not be able to enroll in the online banking services. Enrollment in the online banking service is required to access the mobile banking and/or mobile deposit services, and to access your statements, notices and disclosures electronically. If you do not consent to electronic delivery of the Account Documents, we will not be able to open the loan or deposit account (as applicable) through our website. You may visit any of our branch locations and speak with a Member Services Representative. A list of our branch locations can be found on our website or by calling the Credit Union at (888) 363-1725.
Paper Copy of Account Documents. If you do not want to receive the Account Documents electronically, you should not sign or otherwise affirm your consent to this form. If you consent to receive the Account Documents electronically, you can also request a paper copy of the related Account Documents by contacting our Contact Center by phone at (888) 363-1725. We will not charge you any fees for providing a paper copy of the Account Documents. Periodic account statements (monthly or quarterly, as applicable) are provided in paper for free only at the close of the monthly or quarterly, statement cycle and are mailed to the address on record. Any request for a paper statement or multiple paper statements outside of the prior month or quarter statement cycle is subject to a Statement Copy fee as stated in the Consumer Fee Schedule.
System Requirements to Access and Retain Information. To receive and/or retain an electronic copy of a requested file, you must have the following:
Withdrawing Consent. You may withdraw your consent to receive electronic delivery of the Account Documents at any time by calling us at (888) 363-1725, or you may visit any of our branch locations and speak with a member services representative. If you withdraw your consent to receive electronic delivery of the Account Documents, you will no longer be able to access online banking or mobile banking.
Address Change. You must promptly notify the Credit Union of any changes to your e-mail address to ensure electronic delivery of the Account Documents. To do so, you may call us at (888) 363-1725 or write to us at:
Monterra Credit Union
P.O. Box 910
Redwood City, CA 94064-0910
Amendments. The Credit Union may change the terms and conditions of this ESIGN Disclosure and Agreement from time to time by sending written notice to you at your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given prior notice of the change to the extent required by applicable law. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of the ESIGN service or designated accounts.
Other Agreements. Except as stated otherwise herein, this ESIGN Disclosure and Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union.
Severability. If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
You understand that you will not be enrolled to receive the Account Documents electronically until you have successfully completed the electronic verification process and confirm your consent electronically.
2. Digital Banking (Online and Mobile) Service Agreement – General Terms
This Monterra Credit Union Online and Mobile Banking Service agreement ("Agreement") is between Monterra Credit Union (hereinafter "we, us, our, Monterra or Credit Union"), and each member who has enrolled in the Monterra Credit Union Online and Mobile Banking Service (the “Services”), together with any person who is authorized by a member to use or access the Services (hereinafter referred together as "you, your or yours."). It sets forth the terms and conditions governing the use of Monterra Credit Union’s Online Banking Service and Mobile Banking Service (collectively, “Services”). All transactions will also be subject to the applicable provisions of Monterra Credit Union’s “About Your Credit Union Accounts” disclosure and agreement (“Membership Agreement”), inclusive of the Electronic Fund Transfer (EFT) Disclosure and Agreement.
Please read this entire Agreement carefully before using the Services. We recommend that you print or save a copy of this Agreement and any communication you receive from Monterra and retain a copy for your records.
You understand that by "accepting" below, or by using or continuing to use these Services, you agree to the terms and conditions of this Agreement, including any instructions provided in connection with the services as modified from time to time. You warrant and agree that you will not use Credit Union accounts or services, including but not limited to loans, to make or facilitate any illegal Transaction(s) as determined by applicable law; and that any such use, including any authorized use, will constitute a breach of this Agreement. You agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s). You further agree to indemnify and hold the Credit Union harmless from any suits, liability, loss, damages or adverse action of any kind that results directly or indirectly from such use.
We may, at any time, and at our sole discretion, make changes to the Services and this Agreement, provided, however, that we will give you prior notice of any changes, as may be required by applicable laws and regulations. Use of the Services after any such changes, constitutes your agreement to the changes.
Eligible Members enrolled in Online Banking can also enroll in Mobile Banking, which allows you to access your account and perform select financial transactions and other activities from a mobile device either via the mobile app or through a web browser. Mobile deposit is only available to eligible members via the Monterra Credit Union mobile app. These activities may include viewing account information, savings goals and budgets, bill payment, mobile deposits, transfers, and ATM locator services. We are not responsible for fees or charges from your mobile phone/device provider. Wireless carrier fees may apply.
Unless otherwise defined herein, the definitions contained in the Membership Agreement shall be applicable to this Agreement. In addition:
Any Eligible Member, in good standing, may enroll in and use the Service.
Before you initiate your first Transaction, you agree to familiarize yourself with the Service by reading the instructions provided to you either on paper or electronically. You agree that the information contained in the instructions and any updates to it are part of this Agreement.
4. Business Online Banking Agreement: Additional Terms
This section 3 of the Agreement sets forth additional terms and conditions applicable to your use of the Business Online Banking Services. Except where modified by this Agreement, all the existing terms and conditions of your Membership and Account Agreement, and this Agreement remain in effect.
Your Master User and Sub-Users
Certain memberships may have access to our Business Online Banking services. If your membership does qualify for these services, you will have the ability to designate a Master User to manage your services and the Master User will be able add other persons as Sub-Users. Any Master User or Sub-User so designated shall be your Agent and shall be bound to the terms and conditions of this Agreement. You shall remain responsible for any and all actions or transactions initiated or carried out by any designated Master User of Sub-User.
You will access and use the Business Online Banking through your Master User, who you authorize as your agent to take any and all actions on your behalf to enroll you in the Business Online Banking, including those Services requiring separate enrollment such as ACH origination, Bill Pay, external funds transfer, and online statements, and to initiate or originate any and all actions or transactions available via Business Online Banking services. By adding other persons as Sub-Users you agree to deliver a copy of this Agreement and the Membership and Account Agreement to the Sub-user.
You further authorize your Master User to add other persons as users of your Business Online Banking services and designate which of your accounts they may access and the level of activity in which they can engage in such accounts ("Sub-Users"). Accordingly, you hereby authorize each Sub-User to act on your behalf based on the rights that your Master User delegates to such Sub-Users. The designation of your Master User and Sub-Users, if any, as your authorized agents to engage in Business Online Banking services will be considered the authorization for all other account owners. Therefore, any and all actions or transactions undertaken or originated by your Master User and Sub-Users on an account, including those you did not want or intend, are transactions that are authorized by you and you are responsible for those transactions.
5. Setup and Use of Monterra Credit Union’s Online and Mobile Banking Service
a. Access to the Monterra Credit Union Online Banking Service
The Monterra Credit Union Online and Mobile Banking Services are generally accessible 24 hours a day, seven days a week. However, at certain times, some or all of the Services may not be available due to system maintenance or other unforeseeable problems.
We may modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of fees you’ve paid.
b. Account Access
You can access all of your Accounts at the Credit Union through the Services. We will provide you with instructions on how to set up the Services. These instructions are incorporated herein by reference and constitute part of this Agreement.
When using the Services, you must, when prompted, enter your Login Credentials. By entering the correct information, you will have direct access to your Credit Union Accounts. If you authorize anyone to use your Monterra Credit Union Online and Mobile Banking password or PIN in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your Monterra Credit Union Online and Mobile Banking password or PIN immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your Monterra Credit Union Online and Mobile Banking password or PIN is changed. If you fail to maintain or change the security of your Monterra Credit Union Online and Mobile Banking password or PIN and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
c. Equipment Requirements
In order to use the Online Banking Service, you must have a personal computer, operating system and telecommunications connections to the Internet and capable of supporting the below requirements. In an effort to provide the highest degree of confidentiality and security, we require the use of a browser that provides encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read your information. We recommend you protect your valuable financial information by using the most secure encryption available. The Credit Union is not liable for losses resulting from the use of 40-bit encryption. If you elect to use the 40-bit browser, this implies your acceptance of that risk.
In order to use the Mobile Banking Service, you must have a smart phone or other Internet-connected device with a service plan that includes data, text messaging and Internet access with Secure Socket Layer (SSL) capability, and you must be enrolled in the Online Banking Services with an active password or PIN. Third party fees may apply for data, text messaging and Internet access. Contact your mobile device carrier for additional information.
You are responsible for providing any equipment, services or advice related to equipment necessary to interface with the Credit Union’s or our Agent’s system. Neither the Credit Union or Agent are responsible for any error in connections, transmissions or otherwise regarding any system, software, entries or instructions. These hardware and software requirements may change from time to time with advances in technology and upgrades to the Service.
In addition, you must have:
An e-mail account and e-mail software capable of retrieving, reading and responding to emails; and
Sufficient electronic storage capacity on your computer’s or device’s hard drive or other data storage unit.
6. Available Transactions
You can use the Monterra Credit Union Online and Mobile Banking Services to access your accounts with us.
You may use the Online Banking Service to perform the following transactions:
You may use the Mobile Banking Service to perform the following transactions:
Limitations on Transactions
No more than six (6) preauthorized, automatic, online or telephonic transfers made to another account at the Credit Union or to a third party or no more than six (6) transfers or withdrawals made by check, draft, Visa Direct Check Card, or similar order payable to a third party may be made from each savings account or money market deposit account in any calendar month. If an Account Holder exceeds, or attempts to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer requests, and the Credit Union may reclassify or close the account. Transfers initiated by telephone must be counted among the six monthly transfers, except that there are no limits on the number of withdrawals paid directly to an Account Holder when initiated by mail, telephone or messenger. There are no limits on the number of withdrawals if initiated in person.
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.
7. Additional Information about the Monterra Credit Union Online and Mobile Banking Service
a. Processing Fund Transfers
We can process a fund transfer immediately if sufficient funds are available in your account. When you schedule a funds transfer using the Service, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer from your account on the date we process your instruction.
b. Canceling Fund Transfers
You may cancel a pending fund transfer transaction. However, to do so, we must receive your instruction to cancel prior to the cutoff time on the date the transaction is scheduled to be processed. If we don't receive your instruction to cancel a transaction before that time, we may process the transaction.
Transfers and withdrawals transacted through the Service will be recorded on your periodic statement which will be sent by mail or electronically if you have requested an electronic statement. A monthly account statement will be made available to you, unless there are no transactions in a particular month. In any case, a statement will be made available to you on all your accounts at least quarterly. Transactions are also available within the ‘Transactions’ tab in the ‘Account’ page of the Service.
There are certain charges for the Service as set forth below. From time to time, the charges may be changed. We will notify you of any changes as required by law. Please refer to the Credit Union Cost Recovery Schedule/Fee Schedule.
The Services are currently free to all members. However, you may incur other charges. These include charges for:
Normal checking and savings account fees and service charges;
Long-distance, toll or other telecommunications charges; and
Internet service provider fees.
9. Limitations of the Credit Union’s Responsibilities
You agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union, or by Internet browser providers, or by Internet access providers or by the Service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, the Service, or Internet browser or access software.
In this regard, although we have taken measures to provide security for communications from you to us via the Service and may have referred to such communications as "secured", we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law.
The Credit Union will not be liable for the following:
a. If, through no fault of ours, you do not have enough money in your Account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.
b. If you used the wrong security code or you have not properly followed any applicable computer, device or Credit Union user instructions for making transfer transactions.
c. If your computer or device fails or malfunctions or the phone or cable lines or Credit Union computer system was not properly working, and such problem should have been apparent when you attempted such transaction.
d. If circumstances beyond our control (such as earthquake, fire, flood, telecommunication outages or strikes, equipment or power failure, computer downtime, or interference from an outside force) prevent making the transaction.
e. If the funds in your account are subject to an administrative hold, legal process, or other claim.
f. If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can process a transfer.
g. If, through no fault of ours, a funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
h. If the error was caused by a system beyond the Credit Union's control such as a telecommunications system, an Internet service provider, any computer virus, or problems related to software not provided by the Credit Union.
10. Member Rights and Liability
a. Privacy and Confidentiality
We will collect only such information as you knowingly provide to us or specifically authorize us to obtain on your behalf. Our priority is to keep this information secure and to use it only as you authorize us. This information is necessary to create your user profile, which allows you to access the Service. However, we may disclose personal information about you to third parties in certain instances:
1.) If we have entered into an agreement with another party to provide any of the Monterra Credit Union Online or Mobile Banking Services. In this case, we will provide that party with information about your Account, your Transfers, and your communications with us in order to carry out your instructions;
2.) If it is necessary for completing Transfers or otherwise carrying out your instructions;
3.) In order to comply with applicable laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; or
4.) If you otherwise give us your specific permission.
b. Your Responsibility
You are responsible for all transfers you authorize using the Services under this Agreement. If you permit other persons to use your Monterra Credit Union Online or Mobile Banking password or PIN, you are responsible for any transactions they authorize or conduct on any of your accounts.
However, tell us at once if you believe anyone has used your password or PIN and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down.
For Monterra Credit Union Online or Mobile Banking transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.
c. In case of Errors or Questions About Your Transactions
Call us or write us at the telephone number or address listed on your statement, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1.) Tell us your name and account number (if any).
2.) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
3.) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for ATM/debit card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however we may take up to 45 days (90 days if the transfer involved a new account, point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this we will credit your account within 10 business days (5 business days for ATM/debit card point-of-sale transactions and 20 business days if the transfer involved a new account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
d. In Case of Errors or Questions About Your Mortgage Loan
If you think there is an error relating to the servicing of your mortgage loan, or if you need more information about the servicing of your mortgage loan, write us (on a separate sheet) ‘Attn: Error Resolution’ at the address on the front of your statement. You must notify us of any potential errors in writing. You may call us, however if you do, we are not required to investigate any potential errors and you may have to pay the amount in question.
In your letter, provide the following information:
1.) Your name.
2.) Your member number and loan number.
3.) Describe the error or provide a statement of the information you are requesting.
The Services will remain in effect until terminated by you or us. You may cancel the Services at any time by notifying us of your intent to cancel via the information below.
12. Changes in Terms and Other Amendments
The Credit Union may change the Services and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. Your use of these services after any such change will evidence your agreement to any changes. Rejection of the new, modified or amended terms will constitute your termination/cancellation of any services provided pursuant to this Agreement. Upon such termination/cancellation you will remain responsible to pay any sums owed to us pursuant to your existing Agreements with us.
13. Other Provisions
In the event either party brings a legal action to enforce this Agreement or collect any funds due on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to California law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement. The Credit Union can delay enforcing any of the provisions of this Agreement or the law any number of times without losing its right to enforce them at a later date.
This Agreement shall be governed by and construed in accordance with the laws of the state of California and federal law, as applicable without giving effect to its conflict of law provisions.
Hours of Operation
Our representatives are available to assist you at (888) 363.1725 or (650) 363-1725 on Monday through Friday from 8:00 a.m. – 6:00 p.m. and Saturday from 9:00 a.m. – 3:00 p.m. PT (excluding applicable Federal or Credit Union holidays). You can also visit one of our branch locations.
Scope of Agreement
This Agreement represents our complete agreement with you relating to our provision of the Services. No other statement, oral or written, including language contained in our Website, unless otherwise noted, is part of this Agreement.