The terms and conditions of these Agreements, Disclosures and Terms and Conditions shall apply to and govern your electronic access and use of all VyStar Credit Union ("VyStar") Internet Banking Services and/or Mobile Banking Services ("Service" or "Services") currently offered or that may be offered in the future, including Mobile Check Deposit, Bill Pay, SMS Text Banking and Other Payment Services. In this Agreement, the words "Credit Union" "Branches" "us" "we" "our" "VCU" or "VyStar" means VyStar Credit Union and all agents, independent contractors, designees, or assignees of VyStar. The words "you," "your," "signer," and "owner" refer to you the member(s)/owner(s)/signer(s), as well as anyone you permit to access your deposit account or loan account, including, but not limited to savings, checking, money market, credit card, home equity line of credit, or line of credit ("Account(s)"). All agreements, disclosures, rules and regulations applicable to your Accounts, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
You agree that by using the Services, or allowing another to access your Account(s) via the Services, that you have received a copy of, and agree to be bound by, the Agreements and Disclosures of the most recent VyStar Membership and Account Agreement, Funds Availability Policy Disclosure, Electronic Funds Transfers Agreement, all applicable loan disclosures, and these Internet Banking Agreements and Disclosures. These Agreements and Disclosures constitute the agreement between you and us related to the Services and supplement any other agreement or disclosure related to any of your Accounts. In the event of a conflict between these Agreements and Disclosures and any other agreement or disclosure related to any of your Accounts, any statement by our employees or agents, or any representation or statement relating to the Services, these Agreements and Disclosures shall control. If any part of these Agreements and Disclosures are deemed invalid, the remainder will remain in full force and effect. VyStar reserves the right to amend, modify, revoke, or cancel the Services and the terms of these Agreements and Disclosures in accordance with applicable law. You may not assign these Agreements and Disclosures, or any of your rights or responsibilities under these Agreements and Disclosures, to any other party. We may assign these Agreements and Disclosures, and any or all of our rights and/or responsibilities under these Agreements and Disclosures, or delegate any or all of such rights and responsibilities, to any third party or parties. We may change the terms and conditions of this Agreement at any time without notice except as required by applicable law. Any required notice may be included in your Credit Union account statement. Continued use of the Service(s) following a change or amendment constitutes your acceptance of any changes or amendments to this Agreement, unless a longer period is required by law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
VyStar offers its members access to view account information, perform transactions and manage their money with features designed to meet your needs.
Enrollment requires identification of your banking relationship with the Credit Union. You may opt out of any of these services at any time.
The Internet Banking Service, Mobile Banking Service and/or Software may not be available at any time for any reason.
To access Services, you must use your username and password. You will be able to choose your own username and password, provided that it meets our security requirements and is not already in use.
A password is required to access Services in conjunction with your username. To help safeguard your password, you should change it frequently. Your password can be used to access money and information about your Accounts; you are responsible for keeping your password and Account data confidential. You agree you will not provide or give access to your password to another party. Disclosing your password constitutes authorization for use by others and you agree to be liable for their actions, including those of additional parties to whom they may disclose your password, in each case, whether disclosure occurs intentionally or inadvertently.
In addition to using your username and password to confirm your identity, VyStar utilizes additional security measures to authenticate your identity. You will be required to select challenge questions from a list provided when you first register, as well as provide answers to each of those questions. When providing answers to the challenge questions please remember that you, or other joint members, will need to provide the exact answer in the same format if that question is presented for identity confirmation. To help protect your Account, you will be asked challenge questions periodically based on a variety of factors, including but not limited to resetting your password. You should safeguard your challenge question answers in the same manner as your password.
Subject to system availability, you may initiate transactions at any time seven (7) days a week, 24 hours a day. However, Business Days are Monday through Friday, excluding Federal Holidays. Refer to your account disclosures for transaction limitations and funds availability information.
We reserve the right to refuse any transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits.
You may make immediate funds transfers between eligible deposit and loan accounts and schedule immediate or recurring transfers for future dates. Future dated transfers will occur on the scheduled date. Transfers that are scheduled but fail to take place can be located on the Internal Transfer page under the "Transfer History" column. Review your account disclosures for any restrictions or limitations for internal transfers.
Refer to the current Fee Schedule for fees related to Internet Banking, Mobile Banking and related services. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. VyStar reserves the right to charge for Services. You will be given notice, in accordance with applicable law, before VyStar implements or changes any fees related to the Services.
You should note that depending on how you access or use any of the Services, you might incur charges for any Internet Service Provider (ISP) fees or purchase of computer programs such as Financial Management Software (e.g. Quicken, etc.). Refer to the Credit Union Membership and Account Agreement for details; additionally, fees may be assessed for added self-service features available through Internet Banking or Bill Payment Service. Please refer to the Credit Union's Fee Schedule to see if you are subject to these fees. An Insufficient Fund Fee or late fee may also apply if you schedule payments and your available balance is not sufficient to process the transaction on the date scheduled.
Messaging and Data Charges.
By participating in the Service, you agree it may require the use of your mobile device's data and text messaging capabilities and that standard data and text messaging charges apply in according with your service agreement with your mobile service provider. You agree that the Credit Union is not responsible for any charges you may incur while using the Service.
Electronic Mail (e-mail).
Member initiated e-mail messages will be deemed to have been received on the following Business Day. The Credit Union cannot act on transactions sent by you from an external e- mail address. You must use Internet Banking secure e-mail to send instructions or inquiries about your Credit Union Account(s). If for any reason your external e-mail address changes or becomes disabled, please be sure to update your e-mail address within Internet Banking and/or Bill Pay, or contact us to ensure you continue to receive your automated messages.
The Bill Payment Service permits you to direct payments from your designated Bill Pay account to third parties you wish to pay. Your Bill Pay account must be a checking account. Through the Bill Payment Service, you can pay bills from your Bill Pay account to businesses or individuals.
Additional Provisions Applicable to Consumer Accounts Only.
The provisions under this section are applicable only to online electronic fund transfers ("EFTs") that credit or debit an Account owned by one or more individual members and used primarily for personal, family or household purposes. These provisions do not apply to business or other non-consumer Accounts. To the extent that these provisions are subject to the Federal Reserve Board's Regulation E, the Credit Union may rely on any exceptions to these provisions that are contained in Regulation E.
Reporting Unauthorized Transactions, Errors or Questions Tell us immediately if you believe:
- Your username or password has been lost or stolen.
- An unauthorized transaction has occurred or may occur involving your Account(s)
You could lose all the money in your Credit Union deposit account plus your maximum overdraft line of credit. You may notify us by telephone, in writing, or by e-mail using the secure e-mail service in our Internet Banking web site. The telephone number and address you may use are: (904) 777-6000 or 1 (800)445-6289, or write to us at VyStar Credit Union, Attn: Call Center, P. O. Box 45085, Jacksonville, FL 32232-5085. If you believe that an unauthorized person has performed or may perform an unauthorized transaction you should immediately change your username and password.
When you contact us, you will need to provide the following information:
- Your name and account number;
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the transaction was not authorized by you, an error occurred, or why you need more information.
- Tell us the dollar amount of the suspected error.
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days of the oral notice. We will notify you with the results of the investigation within ten (10) Business Days (or twenty (20) Business Days if the transaction was not initiated within the United States or its possessions and territories). For additional information please refer to the Membership Booklet.
Your Liability for Unauthorized Use.
You agree it is your responsibility to protect your username or password to protect against unauthorized use. Additionally, you agree to ensure the security of the electronic device used to access your Accounts is secure. You acknowledge and agree that time is of the essence in such situations. Telephoning is the best way of keeping your potential losses to a minimum.
The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
- If you notify the Credit Union within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your username and password without your permission.
- If you do not notify the Credit Union within two (2) Business Days after you learn of the loss or theft of your username and password, and we can prove that we could have stopped someone from using your username and password without your permission, you could lose as much as $500.00.
For further details refer to the Membership Booklet.
Your Liability for Authorized Use.Notwithstanding anything to the contrary in this Agreement, when you give someone your username and password, you are authorizing that person to use the Services, and you are fully responsible for all transactions that person performs while using the Services, as well as any transactions performed by third parties to whom that person provides your username and password, intentionally or inadvertently. All transactions that person performs, even those transactions you did not intend to be performed, are authorized transactions which are binding and for which you are fully responsible until you notify the Credit Union that the authorized person is no longer permitted to conduct transactions on your Accounts. If you believe that an authorized person has performed or may perform an unauthorized transaction you should immediately change your username and password.
Transactions that you, or someone else acting with you, initiates with fraudulent intent are always authorized transactions.
Credit Union's Liability.Our obligations hereunder are limited to receiving and executing, as applicable, your transfer or payment instructions to us in accordance with the terms of this Agreement. If we improperly effect or fail to effect a directed transfer or payment in accordance with the terms of the accepted instruction, we shall reimburse amounts improperly transferred from your Account(s), if and to the extent such reimbursement is required under applicable law, with such interest as may be required by applicable law, within a commercially reasonable time after you notify us of any such error, provided we have verification of the occurrence of such error. We have no further obligation or liability for any loss or expense which you may incur unless such loss or expense is attributable to the gross negligence or willful misconduct of the
Credit Union or our agents, including liability for direct or consequential damages, such liability being hereby specifically waived by you in consideration of this Agreement. Unless prohibited by applicable law, under no circumstances will the Credit Union be liable to you in contract, tort or otherwise for special, indirect, incidental, punitive, exemplary or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages. Without limiting the foregoing, we will not be liable:
- For erroneous instructions given by you to us.
- If instructions sent by e-mail are intercepted or are not received in time by us.
- If through no fault of the Credit Union, you do not have enough money in your Account to make the transfer or payment.
- If circumstances beyond our control (including, but not limited to, fire, flood, delay in US mail, power outage, interruption in your electrical power or telephone, or equipment or technical defect, malfunction, failure or breakdown) prevents the transfer or payment despite reasonable precautions that we have taken.
- If there is a hold on your Account, or if access to your Account is blocked, or if funds in your Account are otherwise unavailable.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer or payment.
- If your transfer or payment authorization terminates by operation of law.
- If the Service or your access device (laptop, mobile device, etc.) is not working properly or is temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or transaction.
- If you have not properly followed the instructions for using the Service.
- If we have received incomplete, inaccurate, conflicting or untimely information from you or a third party involving the Account or transaction.
- If we have a reasonable basis for believing that unauthorized use of your Password or Account has occurred or may be occurring or if you default under this Agreement, the deposit Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
Additional Provisions Applicable to Business Accounts ONLY.The provisions set forth in this section apply only to Business Accounts (i.e., Accounts used primarily for business, commercial or agricultural purposes). If you are a business, you agree the Service and Accounts linked thereto will be used only by Authorized Representatives and only for legitimate business purposes incurred in the ordinary course of their employment or agency with you. Any Authorized Representative of your business shall be authorized, on such terms, conditions, and agreements as we may require, to: enter into this Agreement, as amended from time to time; access each Credit Union Account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and use any Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
Protecting Your Services.You agree that we may send notices and other communications, including either your username or password 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. You further agree that the Credit Union 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. You agree to: keep your username and password secure and strictly confidential. You are fully responsible for all access and transactions relating to your Internet Banking, Mobile Banking and linked Accounts that are made using your username and password, whether or not such access or transactions are authorized by you. The Credit Union will have no liability to you for any unauthorized payment or transfer made using your username and/or password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. The owners of business and other non-consumer Accounts assume sole responsibility for any such unauthorized use of the username and/or password, and shall indemnify, defend, and hold the Credit Union harmless from any and all claims, losses, damages, liabilities, actions, proceedings, costs and expenses (including reasonable attorneys' fees) related to or arising out of any such unauthorized use. We may suspend or cancel your username and/or password if we suspect your username and/or password(s) are being used in an unauthorized or fraudulent manner. The indemnity obligations in this paragraph shall survive the termination of this Agreement.
Entitlements.You may elect to grant access through the Service to your VyStar Credit Union deposit accounts, loans, line of credit and credit cards accounts to other individuals ("Sub-users") by granting them access through the entitlement service. Account owners wishing to grant this privilege must complete the User Management enrollment process and select the access level desired. All services may not be available through the selected access. This access may be granted by consumer and business members.
You are fully responsible for all transactions conducted by any and all Sub-users, and all third parties to whom such Sub-users may disclose their username and password, whether those transactions are authorized by you or not.
Transactions you or a Sub-user initiate with fraudulent intent will be considered as authorized transactions for which you remain fully responsible.
It is your responsibility to terminate access through Internet Banking for any and all Sub- users that are no longer authorized to have access to your Account(s).
Any and all Sub-users must agree to all conditions set forth within the Internet Banking and Mobile Banking Terms and Conditions.
Cancellation of Services.This Agreement will become effective on the date you sign up for these Services and shall remain in full force and effect until terminated in accordance with the provisions of this Section. Upon termination, you will remain liable for any payments, transfers and other transactions in process, and any accrued fees and charges.
Term and Termination
Our Ability to Terminate We may immediately terminate any or all of the Services without notice to you under the following circumstances: you do not comply with the terms and conditions of this Agreement or any other agreement governing any one or more of your Credit Union Accounts; your Credit Union Accounts are not maintained in good standing; unauthorized access (suspected or otherwise) to your Account due to your negligence; you initiate bankruptcy proceedings; or, you close your membership at the Credit Union.
Your Ability to Terminate You (or any owner of an Account if there is more than one owner) may terminate this Agreement by notifying the Credit Union and providing your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). We are not responsible for notifying any other Account owners of the termination. When Bill Pay is terminated, any prescheduled bill payments made through such Service will also be terminated. You may notify the Credit Union by any one of the following methods:
- Through Internet Banking secure mail.
- By calling (904) 777-6000 or 1 (800) 445-6289.
- By writing a letter and either sending it to the following address: P. O. Box 45085, Jacksonville, FL 32232, or by delivering it to a Member Service Representative at any of our branch locations during business hours.
Termination of your I Services will not terminate your Credit Union Accounts. If you do not sign on to your Internet or Mobile Banking or initiate a transaction through a Service during any consecutive 60-day period, we may convert your Internet and Mobile Banking to an inactive status. If any Service is converted to inactive status, you must contact us to have your access restored before you will be able to schedule any transaction through a Service.
You acknowledge and agree that in connection with your use of the Service, the Credit Union and its affiliates and service providers, including Fiserv, Inc. and its affiliates ("Fiserv"), may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Mobile Banking Service or Software (collectively "User Information"). The Credit Union and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Credit Union and its affiliates and service providers also reserve the right to monitor use of the Services for purposes of verifying compliance with the law, these Terms and Conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. Refer to the VyStar Credit Union Privacy Statement for additional information.
Restrictions on Use.You agree not to use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and that you will use the Service only in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations.
Administration Regulations.Without limiting the foregoing, you agree that you will not use the Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Credit Union (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Credit Union or any third- party service provider involved in the provision of the Service; (iv) material or data that is gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Credit Union, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any software or services for which your use has not been authorized; (ii) use or attempt to use a third party's account; or (iii) interfere in any manner with the provision of the Services, the security of the Services or other customers of the Services or Software, or otherwise abuse the Services.
Use of Mobile Banking Service.You accept responsibility for using the Mobile Banking Service in accordance with the online instructions posted on our website. You also accept responsibility for ensuring your mobile device and operating system are properly used and maintained. We reserve the right to change, upgrade or modify the scope of the Mobile Banking Service at any time. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your mobile device. You agree and understand that the Mobile Banking Service may not be accessible or may have limited availability over some mobile networks, such as while roaming.
Information available directly through Internet Banking without the use of a mobile device may not be available via the Mobile Banking Service may be described using different terminology (including capitalized terms used in these Terms and Conditions or on our Internet Banking site(s). The method of entering instructions via the Mobile Banking Service may also differ from the method of entering instructions directly through Internet Banking without the use of a mobile device. We are not responsible for such differences including but not limited to delays, whether or not attributable to your use of the Mobile Banking Service.
Additionally, not all of the products, services or functionality described on the Internet Banking site(s) or in the Internet Banking Agreements and Disclosures may be available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. The Mobile Banking Service may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported in connection with the Mobile Banking Service. You are responsible for contacting us to determine currently supported mobile service providers, carriers, and mobile devices and for ensuring that you satisfy all technical requirements for using the Mobile Banking Service.
Biometric Login for Mobile Banking.VyStar Credit Union offers the ability to sign-in to Mobile Banking using biometrics, such as your fingerprint or face. All of these services are optional.
- Touch ID™️ is a fingerprint sign-in method for Mobile Banking that is currently available for most Apple® devices that have a fingerprint scanner.
- Face ID™️ is a facial recognition sign-in method using iPhone X and above.
- Android Fingerprint Recognition is a fingerprint sign-in method for Android Devices.
Android Fingerprint Recognition is available for Android devices with a fingerprint scanner running Android OS 6.0 or higher. For Samsung devices, Fingerprint Recognition is not supported on devices released prior to May 2015. (For help with Touch ID or Face ID, contact Apple support at apple.com/support. For help with Fingerprint Recognition for Android, contact your mobile carrier). Fingerprints and facial features are stored on your device only and VyStar Credit Union never sees or stores your fingerprint or facial information. You acknowledge that by enabling Touch ID, Face ID or Fingerprint Recognition, you will allow anyone who has a fingerprint or face stored on your device access to your personal and payment account information within Mobile Banking. VyStar Credit Union reserves the right to suspend or disable these features at any time. Touch ID, Face ID and Fingerprint Recognition can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint or face, you can sign in using your password. To use Touch ID, Face ID or Fingerprint Recognition for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric sign-on anytime from the More menu within Mobile Banking.
Apple,Touch ID and Face ID are trademarks of Apple Inc.
Account Ownership/Accurate Information.You represent that you are the legal owner of the Accounts you access through the Services and any financial information which may be accessed through the Services. You represent and agree that all information you provide to us in connection with the Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Services. You agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
Proprietary Rights.You are permitted to use content delivered to you through the Services only in connection with your proper use of the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Service technology, including, but not limited to, the Software or other mobile device applications associated with the Mobile Banking Service.
No Commercial Use or Re-Sale.You agree that the Service is for personal use only. You agree not to resell or make commercial use of the Service.
Software License Agreement.Subject to your compliance with these Terms and Conditions, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license ("License") to download, install and use the Software on your mobile device within the United States and its territories. In the event that you obtain a new or different mobile device, you will be required to download and install the Software to that new or different mobile device. This License shall be deemed revoked immediately upon (i) termination of the Mobile Banking Service, (ii) termination of the Internet Banking service, (iii) your deletion of the Mobile Banking Service software from your mobile device, or (iv) notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Mobile Banking Service software from your mobile device. In the event of the revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.
"Smartphones" and Other Web Enabled Devices.You acknowledge that smartphones and other Web enabled devices, including the mobile device you use to access the Mobile Banking Service, are subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to secure your mobile device from malicious code (such as spyware, malware, and viruses). You also agree not to use a mobile device that has been altered from the original factory settings. This type of device altering is commonly referred to as "Jail Broken" or "unlocked".
You agree to exercise caution when utilizing the Mobile Banking Service application on your mobile device and to use good judgment and discretion when obtaining or transmitting information. Any losses, charges and unauthorized transactions involving your Accounts that are incurred through loss of your mobile device or your failure to safeguard the security credentials you use (such as usernames and passwords) to access the Mobile Banking Services and Internet Banking will remain your responsibility, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
Data Recording.When you use the Services, information you enter to conduct transactions, Account inquiries or other information will be recorded. By using the Services, you consent to such recording.
Use of Google Maps.You agree to abide by (1) the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and (2) the Google Legal Notices found at http://www.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.
Service Providers.We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
Disclaimer of Warranty.CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICES OR ANY EQUIPMENT, SOFTWARE OR BROWSER, OR THE PERFORMANCE OF ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY APPLICABLE LAW.
Notwithstanding anything herein to the contrary, we are not responsible for any liability, loss, damage or injury resulting from: the non-availability, or an interruption or delay in the availability, of any of the Services; any computer virus that you may encounter using the Services; or any failure to obtain access to the Services. We are also not liable for any loss or liability resulting from any failure of your equipment or software, or any act or failure to act by an Internet browser provider or by an ISP.
Except to the extent that we are liable under this Agreement or any agreement that governs your Account with us, you agree to indemnify, defend and hold us and our affiliated companies, and each of our and their directors, officers, employees and agents, harmless from and against any and all claims, demands, liabilities, damages, losses, suits, actions, proceedings, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way related to your Internet or Mobile Banking or an Account linked thereto or to the Services. This paragraph shall survive the termination of this Agreement.
No Credit Union employee, nor any company affiliated with the Credit Union, will contact you via e-mail or telephone, specifically requesting your Username or Password. If you are contacted by anyone requesting this information, please contact us immediately.We are not responsible for any electronic virus or viruses, including spyware that you may encounter. You are responsible for how you use your computer and how you use the Services. We suggest that you routinely scan your PC using a virus protection and spyware product. Undetected viruses or spyware may corrupt and destroy your programs, files, and your hardware, as well as hijack personal information that could be used to steal your identity and access your Accounts without your knowledge or authorization.
No Liability and Hold Harmless.The Credit Union will use commercially reasonable efforts and ordinary care to provide you with access to the Mobile Banking Service in accordance with these Terms and Conditions. In no event, however, shall the Credit Union be liable for its failure to provide access to the Mobile Banking Service or for your failure to receive message service whether as a result of an error in or interruption of any Software application or as a result of any failure or interruption of your mobile device phone or data service or equipment. Without limiting the generality of the foregoing, the Credit Union shall not be liable to you for delays or errors occurring by reason of circumstances beyond the control of the Credit Union, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or any acts of civil, military, or banking authorities, national emergencies, labor difficulties, fire, flood or other catastrophes, acts of God, insurrection, war, riots, failure of transportation, failure of vendors, communication or power supply, or malfunction of or unavoidable difficulties with its equipment. The Credit Union will not be liable for consequential, incidental, special or exemplary damages, or lost profits, even if you advise the Credit Union of the possibility of such damages. You acknowledge and agree that you are solely responsible for protecting the confidentiality and security of the security credentials you use (such as username and passwords) to connect to the Mobile Banking Service and Internet Banking. You further acknowledge having been informed that the Bluetooth application on your mobile device must be turned off when accessing mobile banking in order to protect the privacy of your financial records and information. You assume and accept all responsibility for the accuracy of all transactions performed or undertaken utilizing the Mobile Banking Service. You agree to hold the Credit Union harmless from and against any liability of any character attributable to your use of the Mobile Banking Service, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
You understand and agree the Services may not be encrypted and will include the display and transmission of personal or confidential information about you, such as your Account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other transactions involving the movement of money, through the Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of Account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Services, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
Additionally, you agree that neither we nor our service providers will be liable for any errors in the content of information obtained or transmitted through the Services, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences selected by you). You are responsible for any and all charges, including, but not limited to, fees associated with data and text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any application store.
Indemnification.Without limiting any of your other obligations to us under the Agreement, you agree to protect and fully compensate us and our affiliates and service providers from any and all claims, actions, causes of action, and other proceedings, and all liability, damages, losses, expenses and costs (including, but not limited to, reasonable attorneys' fees and costs) incurred in connection therewith caused by or arising from your use of the Services, your violation of any of the terms of the Services or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. This paragraph shall survive the termination of this Agreement.
Attorneys' Fees and Costs.If legal action is necessary to enforce this Agreement or collect any amounts owing to Credit Union under this Agreement, Credit Union shall be entitled to payment by you of all our reasonable attorneys' fees and costs, whether incurred before or at trial, on appeal, during any bankruptcy or insolvency proceedings, during any post-judgment collection proceedings, or otherwise.
Waivers.No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy or other right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy.
Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.
This Mobile Check Deposit Services Agreement ("Agreement") sets forth the terms and conditions for use of VyStar Credit Union's Mobile Banking Application ("the Service") offered by VyStar Credit Union ("Credit Union", "we", "us", "our") to you as a member ("you", "your", or "User") of VyStar Credit Union. The terms and conditions in this Agreement are in addition to the terms and conditions of the Credit Union Account Agreement which otherwise governs your rights and obligations when using your accounts. To the extent there is a conflict between this Agreement and your Account Agreement, the terms and conditions in the Account Agreement shall govern.
The Service is designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Credit Union or our designated processor. By using the Service, you authorize the Credit Union to convert checks to images or create substitute checks for the purpose of clearing the check.
Acceptance of these Terms.
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or via secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after the Credit Union has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Qualifications.Use of the Service is subject to Credit Union approval. In order to be eligible to use the Service, your account(s) must meet qualification criteria set by the Credit Union.
Limitations of Service.
When using the Service, you may experience technical or other difficulties and the Service may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. The Credit Union is not responsible for any technical or other difficulties or any resulting loss or damages that you may incur. In the event that the Service is unavailable, you may deposit original checks at our branches or through our ATMs. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
E-mail Address.You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of Mobile Deposit Transactions as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC 12 CFR 229 ("Reg. CC"). When the image of the check transmitted to Credit Union is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
Ineligible Items.You agree that you will not use the Service to scan and deposit any checks as shown below:
- Checks payable to any person or entity other than you, i.e., third party checks.
- Checks containing alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Regulation CC.
- Checks drawn or payable through any foreign bank or a financial institution outside the United States..
- Checks that are remotely created checks, as defined in Regulation CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit (stale dated checks).
- Checks that are post-dated.
- Checks that are in any way incomplete.
- Checks on which the numerical and written amount are different.
- Checks that have been previously returned unpaid by the financial institution on which they are drawn.
- Checks that are payable to cash.
Image Quality.The image of a check transmitted to Credit Union using the Service must consist of legible images of the front and back of the check. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:
- The amount of the check;
- The payee;
- The drawer's signature;
- The date of the check,
- The check number;
- Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
- Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check).
Endorsements.Endorsements must be made on the back of the check within ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "For VyStar Credit Union mobile deposit only". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
Receipt of Check Images.All images processed for deposit through the Service will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. We reserve the right to reject any check image transmitted through the Service, at our discretion, without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your Authorized Account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Account Agreement if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
Returned Deposits.If a check that you deposit using the Service is returned or charged back on your account it will be deducted in full from your account along with any fees that are incurred due to the check's rejection as described in our schedule of fees. We are not responsible for any losses incurred as a result of deposits returned on your account. You shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Business Days and Funds Availability.The Credit Union's general funds availability practices are outlined in our Funds Availability Policy within our Membership Booklet. For purposes of determining the availability funds deposited via the Service, Mobile Transaction Deposits are classified as "not in-person deposits" as defined in Regulation CC. Mobile Deposit Transactions confirmed as received before 5:00 p.m. Eastern Time on a business day will be credited to your account by the following business day as defined within our Funds Availability Policy. Mobile Deposit Transactions confirmed received after 5:00 p.m. Eastern Time and deposits received on a non- business day will be credited to your account on the second business day following your deposit.
For example, generally, if you make a deposit on Tuesday at 3:00 p.m. Eastern Time, your deposit will be credited by Wednesday. If you make a deposit on Tuesday at 9:00 p.m. Eastern Time, your deposit will be credited on Thursday.
Disposal of Transmitted checks.After you receive confirmation that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After the 30 days, you agree to dispose of your check in a manner which will ensure the check will not be presented again, mark the check as "Electronically Presented" or "VOID" or properly store the check to ensure that it is not presented again for payment.
During the time the retained check is available, you agree to promptly provide it to Credit Union upon request. If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check's originator. If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Hardware and Software.In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software. You will also be required to download and install the Service application to your smart phone device from your wireless service provider. The Credit Union is not responsible for any third-party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation. You understand and agree that you are solely responsible for any Internet, cellular, data download other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.
Your Warranties.You make the following warranties and representations with respect to each image:
- Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate images of the original check.
- The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of the original check and no party will submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law.You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You represent and warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Mobile Deposit Security.You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Your Responsibility.You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Fiserv Inc., retain all rights, title and interests in and to the Services, Software and Development made available to you.
Accountholder's Indemnification Obligation.You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv and its affiliates, officers, employees and agents from and against any claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claims are related to the Services or the member's use of the Services, unless such claim directly results from an action or omission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of these Bill Pay Service Terms and Conditions by reference unless specifically modified. The term “Bill Payment Terms” means these Bill Payment Service Terms and Conditions. The bill payment service (for purposes of these Bill Payment Terms, the "Service") enables you to receive, view, and pay bills from the Site.
SERVICE DEFINITIONS"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 Monday through Friday, excluding Federal Reserve holidays.
"Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
"Eligible Transaction Account" is as defined is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. For the Service, the Eligible Transaction Account shall be limited to an account that you hold with us, and from which bill payments will be debited.
"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
"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 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.
The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the 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 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. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
THE SERVICE GUARANTEE.
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under Section 2 (Payment Scheduling) above.
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 the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction 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 the Service to credit your Eligible Transaction 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.
The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 (Service Guarantee) above) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. You may log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account).
PAYMENT CANCELLATION REQUESTS.
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS.The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service in the manner set forth in Section 19 (SERVICE TERMINATION, CANCELLATION, OR SUSPENSION) below. Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
PROHIBITED PAYMENTS.The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
- Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
- Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
- Tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 19 of any violations of the General Terms or the Agreement generally.
EXCEPTION PAYMENT REQUESTS.Exception Payments may be scheduled through the Service, however such Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service Guarantee (as describe in Section 3 (Service Guarantee) above) does not apply to Exception Payments.
BILL DELIVERY AND PRESENTMENT.The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
- Presentation of electronic bills - You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
- Paper Copies of electronic bills - If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
- Sharing Information with Billers - You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service's records and the Biller's records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for "trial basis" electronic bills.
- Information held by the Biller – We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses that is held by the Biller. Any changes will require you to 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 bill. We 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 for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information.
- Activation – We will 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. 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.
- Authorization to obtain bill data – You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
- Notification - We will use attempt to present all of your electronic bills promptly. In addition to notification within the Service, we 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.
- Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may 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. We 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.
- Non-Delivery of electronic bill(s) - You agree to hold us harmless 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.
- Accuracy and dispute of electronic bill – We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
EXCLUSIONS OF WARRANTIES.THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" 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 AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Your Liability for Unauthorized Transfers (Consumer Accounts Only).Please see our Membership Booklet for information on your liability for unauthorized transactions.
Errors and Questions.In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
- Send a secure message through Internet Banking.
- Telephone us at 1-844-596-1027, 8:00 AM to 8:00 PM (ET) Monday through Friday
- Write us at:
VyStar Credit Union
P.O. Box 182477
Columbus OH 43218
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
Service Fees and Additional Charges.You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 16 (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
Failed or Returned Transactions.In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered and there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit; and,
- Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
Alterations and AmendmentsThis Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves 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. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
Address or Credit Union Changes.It is your sole responsibility to ensure that the contact information in your user profile 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 Internet Banking application or by contacting Customer Service. Any changes in your Eligible Transaction Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Eligible Transaction Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSIONIn the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
- Send a Secure Message through the Service.
- Telephone us at 1-844-596-1027
- Write us at:
VyStar Credit Union
P.O. Box 45085
Jacksonville, FL 32232-5085
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Biller Limitation.The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you, as set forth in Section 8 (Prohibited Payments) or an Exception Payment under this Agreement.
Returned Payments.In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.
Disputes.In the event of a dispute regarding the Service, you and the Service 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 the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
Assignment.You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver.The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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 of this Agreement.
Governing Law.Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.