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This Agreement is the contract which covers your and our rights and responsibilities concerning Online Banking services offered to you. In this Agreement, the words "you" and "yours" mean those who sign the Membership Application / Update ("Application") or any Online Banking authorization form. The words "we," "us," and "our" mean OnPoint ("Credit Union"). The word "account" means any one or more savings, checking or certificate of deposit accounts you have with the Credit Union.
By signing a Membership Application / Update or completing and transmitting an account authorization form on the Online Banking service, you agree to the following terms governing your and our rights and responsibilities concerning the Online Banking electronic funds transfer services. Electronic funds transfers ("EFTs") are electronically initiated transactions involving your deposit accounts at the Credit Union through your personal computer (Online Banking).
1. Online Banking Services
Upon approval, you may use your personal computer to access your accounts. You must use your Access Code along with your
member/account number to access your accounts. The Online Banking service is accessible seven (7) days a week, 24 hours a day. You will need a personal computer or access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your computer. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At the present time, you may use the Online Banking service to:
- Review account balance and transaction history for your deposit and loan accounts.
- Review information on your loan account including payoff amounts, due dates, and balance information.
- Transfer funds between your savings, checking, and loan accounts.
- Transfer funds to accounts of other members (advance written authorization required).
- Make bill payments from your checking account.
- Communicate with the Credit Union using the electronic mail (email) feature.
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit or loan account will be subject to your Loan Agreement and Disclosures, as applicable.
2. Online Banking Service Limitations
The following limitations to Online Banking transactions may apply:
a. Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your savings, Market Rate Savings
or Teachers Deposit Fund accounts will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
b. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy.
c. Email. The Credit Union may not immediately receive email communications that you send and the Credit Union will not take action based on email requests until the Credit Union actually receives your message and has a reasonable opportunity to act. We reserve the right to require any stop payment notices to be put in writing and we may refuse to send certain information through unsecure email communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 4.
d. Bill Payments. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either variable (i.e. payments on merchant charge accounts that vary in amount) or fixed (i.e. fixed mortgage payments). When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from your checking account. We will process bill payment transfer requests only to those creditors as you authorize and for whom the Credit Union has the proper vendor information. The Credit Union will not process any bill payment transfer if we know the required transaction information is incomplete. In any event, the Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for entering or knowing. If there are insufficient funds in your account to make the bill payment, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. The Credit Union will initiate your bill payment transfer within one (1) business day of the date you schedule for payment.
It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions at least ten (10) days before a bill is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization.
You may cancel or stop payment on variable or fixed bill payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a variable or fixed payment that you have already scheduled for transmission through the Online Banking service, you may electronically edit or cancel your payment request through the Online Banking service. Your cancellation request must be entered and transmitted through the Online Banking service before the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment.
If you wish to place an oral stop payment on a fixed bill payment transaction not using the Online Banking service, the Credit Union must receive your oral stop payment request at least three (3) business days before the payment is scheduled to be made.
You may call the Credit Union at the telephone number set forth in
section 4 to request a stop payment. If you call, the Credit Union may
require you to confirm your stop payment request in writing within 14
days after the call. If your Online Banking or oral stop payment request to the
Credit Union is not timely, you may call toll free 1-800-825-4321 to request assistance in intercepting the transmission prior to payment.
The Credit Union cannot stop or alter your payment instruction once it is transmitted. The Credit Union shall not be responsible for payment instructions or inquiries not provided directly to the Credit Union.
3. Security of Access Code
The personal identification number or "Access Code" is for your security purposes. The Access Code is confidential and should not be disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your Access Code. You agree not to disclose or otherwise make your Access Code numbers available to anyone not authorized to sign on your accounts. If you authorize anyone to use your Access Code, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of your Access Code and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
4. Member Liability
You are responsible for all transfers you authorize using the Online Banking services under this Agreement. If you permit other persons to use your Access Code, 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 Access Code and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down.
For Online Banking transactions, if you tell us within 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 2 business days after you learn of the unauthorized use of your account or Access Code, and we can prove that we could have prevented the unauthorized transaction if you had told us in time, you could lose as much as $500. Your liability for unauthorized loan transactions through the Online Banking service is $50.00.
Also, if your statement shows Online Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days of the mailing date of your statement, you may be liable for the full amount of the loss if we can prove that we could have prevented the unauthorized transactions if you had told us in time. Should some emergency such as extended travel or hospitalization prevent you from contacting us, a reasonable extension of time will be allowed.
If you believe your Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
(503) 228-7077 local
1-800-527-3932 toll free or write:
OnPoint
PO Box 3750
Portland, OR 97208-3750
5. Business Days
Our business days are Monday through Friday. Holidays are not included.
6. Fees and Charges
There is no charge for Online Banking account access
services. Online Bill Payment service is free if you have
an Interest Checking account. With a Basic Checking Account
Online Bill Payment service is free for the first three months
and $3.95 a month thereafter to pay an unlimited number of
bills. From time to time, the charges may be changed. We will
notify you of any changes as required by law. If you request
a transfer or check withdrawal from your line of credit account,
such transactions may be subject to finance charges and fees
under the terms and conditions of your Loan Account Agreement.
7. Right to Receive Statements
Transfers and withdrawals transacted through Online Banking will be recorded on your periodic statement. You will receive a statement monthly.
8. Account Information Disclosure
We may disclose electronic funds transfer information to third parties about your account or the transfers you make:
a. As necessary to complete transfers;
b. To verify the existence of sufficient funds to cover specific transactions upon the request of an
authorized party to the transaction;
c. To comply with government agency or court orders;
d. If you give us your express permission.
9. Limitation of Liability for
Online Banking Services
If we do not complete a transfer to or from your
consumer account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
(A consumer account is defined as an account belonging to a natural
person and used primarily for personal, family, or household purposes.)
Our sole responsibility for an error in a transfer will be to correct
the error. You agree that neither we nor the service providers shall be
responsible for any loss, property damage or loss, whether caused by the
equipment, software, Credit Union, or by Online browser providers such
as Netscape (Netscape Navigator browser) and Microsoft (Microsoft
Internet Explorer browser), or by Internet access providers or by online
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 Credit Union Online banking
services 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 Credit Union Online Banking Services and may have
referred to such communication as "secured," we cannot and do
not provide any warranty or guarantee of such security. In states that
do not allow the exclusions or limitation of such damages, our liability
is limited to the extent permitted by applicable law.
Additionally, 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 complete a transaction, your account is inactive or closed, or the transaction amount would exceed the credit limit on your line of credit.
b. If you used the wrong Access Code or you have not properly followed any applicable computer, Internet, or Credit Union
user instructions for making transfer and bill payment transactions.
c. If your computer fails or malfunctions or the Online Banking service was not properly working and such problem was or should have been apparent when you attempted such transaction.
d. If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular creditor and a fee, penalty, or interest is assessed against you.
e. If circumstances beyond our control (such as fire, flood, telecommunications outages or strikes, equipment or power failure) prevent the transaction.
f. If the
funds in your account are subject to legal process or other claim, or if your account is frozen because of a delinquent loan, overdrawn account, or suspected fraud.
g. If the error was caused by a system beyond the Credit Union's control such as a telecommunications system, or Internet service provider.
h. If you have not given the Credit Union complete, correct, or current information so the Credit Union can process a transaction.
i. If there are other exceptions as established by the Credit Union.
10. Termination of Electronic Fund Transfer Services
You agree that we may terminate this Agreement and your electronic fund transfer services, if you or any authorized user of your Online Banking services or Access Code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or Access Code.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
11. Notices
The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail notice to you at least thirty (30) days before the effective date of any EFT change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
12. Billing Errors
In case of errors or questions about your Online Banking transactions, telephone us at the phone numbers or write us at the address set forth in Section 4 above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
a. Tell us your name and member/account number.
b. Describe the transaction you are unsure about, including the transaction confirmation or reference number if applicable, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error.
The following
two paragraphs apply only to
consumer accounts (an account
belonging to a natural person and
used primarily for personal, family,
or household purposes):
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly.
For errors related to transactions occurring within thirty (30) days
after the first deposit to the account (new accounts), we will tell you
the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or
question (ninety (90) calendar days for new account transaction errors,
or errors involving transactions initiated outside the United States). If we decide to do this, we will re-credit your account within ten (10) business days 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 ten (10) business days, we may not re-credit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.
13. Enforcement
You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Oregon 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.
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