CESFCU Online and Mobile Banking Agreement and Disclosure
(Online Banking, Mobile Banking & E-Notices accompanied w/ Privacy Statement and Patriot Act)

This Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the Online Banking services offered to you by CESFCU.  The Online Banking service permits you to electronically initiate account transactions involving your accounts and communicate with CESFCU.  In this Agreement, the words "you”, “your" and "yours" mean those who request and use Online Banking, any joint owners of accounts accessed under this Agreement or any authorized users of this service.  The words "we", "us" and "our" mean CESFCU.  The word "account" means any one or more accounts you have with CESFCU.  By requesting and using the Online Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.

Online Banking SERVICE

Account Access:

If we approve your application for the Online Banking service, you may use your personal computer to access your accounts. You must use your account number or User ID and password to access your accounts. The Online Banking service is accessible seven (7) days a week, twenty-four (24) hours a day. You will need a personal computer, a compatible browser, and access to the Internet. You are responsible for the installation, maintenance and operation of any software and your computer. CESFCU will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your computer.

Types of Transactions:

 At the present time, you may use the Online Banking service to:
 

• Transfer funds between your accounts (savings, checking, loans, etc.).
• Transfer funds to accounts of other members you authorize for any of your accounts.
• Review account balance, transaction history and tax information for any of your accounts.
• Export your account information to Excel or upload the information to other financial management software programs like Microsoft Money, if applicable.
• Conduct other transactions permitted by CESFCU.
• Communicate with CESFCU using the electronic mail ("E-mail") feature.

Transactions involving your deposit accounts, including stop payment requests, will be subject to the terms of your account agreement and disclosures, as applicable.

Service Limitations:

The following limitations on Online Banking transactions may apply in using the services listed above:

• Transfers:
  You may make funds transfers to other accounts of yours as often as you like. However, transfers from a savings account 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, except as limited under this Agreement or your deposit or loan agreements. CESFCU 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.
• 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 and our Funds Availability Policy.
• E-Mail:
  CESFCU may not immediately receive E-mail communications that you send and CESFCU will not act based on E-mail requests until CESFCU receives your message and has a reasonable opportunity to act. If you need to contact CESFCU immediately regarding an unauthorized transaction or stop payment request, you may call CESFCU at the telephone number set forth in the Liability for Unauthorized Access section.

Security of Password:

The Password is confidential and should not be disclosed to third parties or recorded. You are responsible for the safekeeping. You agree not to disclose or otherwise make this available to anyone not authorized to sign on your accounts. If you authorize anyone to use your Password, that authority shall continue until you specifically revoke such authority by notifying CESFCU. If you fail to maintain the security of the password and CESFCU suffers a loss, we may terminate your Online Banking and account services immediately.

Liability for Unauthorized Access:

You are responsible for all transactions you authorize. If you permit someone else to use the password, you are responsible for any transactions they authorize or conduct on any of your accounts. Notify us at once if you believe your password has been lost or stolen, or an unauthorized person has obtained your account without your permission. An immediate hold can be placed on your account blocking online and mobile access. Telephoning is
the best way of keeping your possible losses down. If you believe anyone has used your password or accessed your account through CESFCU Online and/or Mobile Banking without your authorization, please contact us immediately, during business hours by calling (501) 671-2038.

CESFCU Credit Union is not liable for failure to make transfers:

• If you do not have adequate funds in your account to complete a transaction

• If your account is closed
• If the transaction amount exceeds your available line of credit limit
• If the funds in your account are subject to an administrative hold, legal process, or other claim
• If you have not provided accurate instructions
• If CESFCU Online and/or Mobile Banking is not working properly
• If your computer or mobile device malfunctions
• Or any other circumstance occurs beyond CESFCU’s control

Business Days:

Our business days are Monday through Friday. Holidays are not included.

Fees and Charges:

Fees and charges associated with CESFCU Online and/or Mobile Banking are disclosed in the Service Charges and Fees Schedule. Your use of CESFCU Online and/or Mobile Banking states you accept the terms and conditions along with any associated fees to the service of CESFCU Online and/or Mobile Banking and/or products offered within the service.

Periodic Statements:

Transfers and withdrawals transacted through Online Banking will be recorded on your periodic statement. You will receive a statement quarterly. Unless there are ACH transaction and then you will receive a statement monthly.

Account Information Disclosure:

We will disclose information to third parties about your account or the transfers you make:

• As necessary to complete transfers and bill payments;
• To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;
• To comply with government agency or court orders;
• If you give us your written permission.

CESFCU ’s Liability for Failure to Make Transfers:

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, CESFCU will not be liable:

• If through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
• If you used the wrong Password and Security Token or you have not properly followed any applicable computer, Internet Access, or CESFCU user instructions for making transfer and bill payment transactions.
• If your computer fails or malfunctions or the Online Banking service was not properly working, and such problem should have been apparent when you attempted such transaction.
• If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment, or power failure) prevent making the transaction.
• If the funds in your account are subject to an administrative hold, legal process, or another claim.
• If you have not given CESFCU complete, correct, and current instructions so CESFCU can process a transfer or bill payment.
• If the error was caused by a system beyond CESFCU 's control, such as your Internet Service Provider.
• If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
• If CESFCU makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.
• If there are other exceptions as established by CESFCU from time to time.

Termination of Online Banking Services:

You agree that we may terminate this Agreement and your use of the Online Banking services if you or any authorized user of your account or Password breach this or any other agreement with us, or if we have reason to believe that there has been an unauthorized use of your account or Password.

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. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Notices:

All notices from us will be effective when we have mailed them or delivered them to the appropriate address in the Credit Union’s records. Notices from you will be effective when received by the Credit Union at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least 21 days before the effective date of any change. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

Billing Errors:

In case of errors or questions about your electronic fund transfers from your savings and checking accounts or if you need more information about a transfer on the statement or receipt; telephone us at (501) 671-2038, email us at [email protected], or send us a written notice to CESFCU, 2301 S University Ave, Little Rock, AR 72204.

We must hear from you no later than thirty-three (33) days after we sent the first statement on which the problem appears.

• Tell us your name and account number.
• Describe the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will 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 funds 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 credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty-five (45) calendar days.

Enforcement:

You agree to be liable to CESFCU for any liability, loss, or expense as provided in this Agreement that CESFCU incurs because of any dispute involving your accounts or services. You authorize CESFCU 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 applicable 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.

Governing Law:

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the state where you opened your account and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.

CESFCU Mobile Banking

Mobile Banking is provided to you by CESFCU, its affiliates, and any of its direct or indirect subsidiaries. When CESFCU, or its affiliates or subsidiaries, hold an eligible account or provide an online mobile financial service this Agreement sets forth the terms and conditions for use of CESFCU Mobile Banking service. By accepting this agreement, you agree to all terms, conditions and notices contained or referenced in this Agreement, and you are providing your express prior consent.

CESFCU may at any time request the following from you in relation to your mobile banking activities: Electronic banking credentials, implementation of alternative risk control mechanisms, or contact authorities when suspicious account activity or member security-related events occur.

Access to and use of CESFCU Mobile Banking service is subject to all applicable federal, state, and local laws and regulations. Unauthorized use of CESFCU Mobile Banking service or information accessed via CESFCU Mobile Banking service is strictly prohibited.

Description of CESFCU Mobile Banking:

CESFCU Mobile Banking refers generally to any service allowing an existing CESFCU member to access and view “Eligible Account(s)” from a cell phone or handheld device (collectively, “mobile device”). CESFCU Mobile Banking service includes Wireless Application Protocol (WAP). In the event of any inconsistency between prior terms of use applicable to CESFCU Mobile Banking service and this Agreement, this Agreement shall apply. Undefined terms herein shall have the meaning assigned to them in the Account Agreement.

This Agreement supplements the Account Agreement. In the event of an inconsistency between the Account Agreement and this Agreement, the CESFCU Mobile Banking Agreement shall govern. CESFCU Mobile Banking service allows you to view balances and track recent account activity on your account(s) from your mobile device and receive alerts for which you have subscribed.

What Does CESFCU Mobile Banking Include?

CESFCU Mobile Banking includes Wireless Application Protocol (WAP). The Wireless Application Protocol (WAP) is the Mobile Banking website and requires Internet access on your mobile device. The Mobile Banking website allows you to view your account balance, review recent account history, and transfer funds between your accounts. From time to time, CESFCU may develop additional Mobile Banking services. As such services are developed; you will have the opportunity to add them to your CESFCU Mobile Banking service, provided you have compatible wireless hardware and software.

How to Register for CESFCU Mobile Banking:

You must first register for CESFCU Mobile Banking from a personal computer, not from a mobile device, via the “More” tab > Account Settings > Manage Mobile Access > Enable Mobile Access in Online Banking. You will be provided with free access to the Mobile Banking website services.

Relationship to Other Agreements:

You agree that when you use Mobile Banking Services, you will remain subject to the terms and conditions of all existing agreements with us, and our affiliates. You acknowledge that certain wireless service providers and/or wireless carriers may assess fees, limitations, and/or restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with Mobile Banking, including downloading the software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the software or other products and services provided by Mobile Banking).

You expressly agree that you are solely responsible for all such fees, limitations, and restrictions; and that we may contact you via your wireless device for any purpose concerning your accounts at CESFCU, including account servicing and collection purposes.

Account Ownership/Accurate Information:

You represent that you are the legal owner of the account and other financial information, which may be accessed via Mobile Banking. You represent and agree that all information you provide us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up-to-date, and accurate.

Links to Other Sites:

Our website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Credit Union of the contents on such third-party website. CESFCU is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Controlling Law and Users Responsibilities:

Our website and the electronic services that we provide (excluding linked sites) are controlled by the Credit Union from its principal office in Little Rock, AR, which law governs this Agreement. While you may choose to access our website and electronic services from other locations, we make no representation that any information, materials, or functions included on our website or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own.

e-Notices Disclosures

By choosing to enroll in the Electronic Notices (“e-Notices”) you agree to accept various account related notices by email delivery. Your online e-Notices may include:
• Monthly/Quarterly Account Statements
• Share Certificate Renewal
• ACH Overdraft
• ACH Paid NSF
• Certificate Payment
• Certificate Renewal
• Late Loan Payment
• ACH Unpaid NSF
• And others as developed by the credit union
 

You must have an e-mail address on file to receive and view e-notices. Upon agreeing to receive e-Notices online, the paper version or hard copy will not be mailed to you. You will not have the right to request and receive e-notices in paper form unless you terminate the e-Notices service in the e-Notices section within Online Banking. You may withdraw your consent to receive e-Notices or change your e-mail address at any time by using the Online Banking function to un-enroll or edit your e-mail address. It is your responsibility to change your e-Notice delivery options and/or e-mail address by updating it yourself. There are no fees or account restrictions for choosing to withdraw your consent for online e-Notices or changing your email address.

Privacy Notice:
Adopted February 22, 2001

At CESFCU, we value your membership and we are committed to protecting the privacy of all our members. It is important to us that you are confident that any information you give us is private. We make it a priority to provide privacy both on our website and in our business office.

CESFCU collects nonpublic personal information about you from the following sources:

1) Information we receive from you on applications or other forms, such as your name, address, social security number, assets, and income;

2) Information about your transactions with us or others, such as your account balance, payment history, parties to transactions, and credit card usage;

3) Information we receive from a consumer-reporting agency, such as your creditworthiness and credit history.

We do not disclose any non-public personal information about you to anyone, except as permitted by law.

The Credit Union may disclose all the information we collect as described above to companies that perform marketing services on our behalf or to other CESFCU with whom we have joint marketing agreements. These companies are required to keep this information confidential.

The Credit Union restricts access to your personal and account information to those employees who need to know that information to provide products or services to you.

The Credit Union maintains physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information.

If you decide to terminate your membership or become an inactive member, we will adhere to the privacy policies and practices as described in this notice.
 

Patriot Act:

To comply with the USA Patriot Act, CESFCU is required to obtain, verify, and record identification from all persons applying for and opening new accounts or services with the credit union. Information that we are required to obtain includes name, mailing and residential addresses, tax identification number, date of birth and a copy of government issued photo ID. Additional data may be gathered depending on the type of account opened. Data on existing members will be gathered as new or additional services are used. Confidentiality of the information gathered by the credit union will be maintained as required under the Privacy Act.