GARDEN ISLAND FEDERAL CREDIT UNION
Online Banking and Bill Payment Service
Agreement and Disclosure Statement
Before enrolling in Garden Island FCU 's Online Banking and Bill Payment services, please review the policies and regulations that will apply to your accounts and transactions.
The Online Banking Service allows you to access your Garden Island FCU account and loan information over the Internet. Additionally, if you have chosen the Bill Payment Service, you may pay bills from your Share Draft Account via the Internet to vendors you have identified.
In this Agreement, the words "you" and "yours" mean the Accountholder or Accountholders, if there is more than one person in whose name the Account is held. The words "we", "us", "our" and "Credit Union" mean Garden Island FCU . The word "Account" means any one or more share or other accounts you have with the Credit Union.
Acceptance and Agreement
This Agreement and Disclosure Statement (the "Agreement") applies to your use of the Online Banking Service and the Bill Payment Service, including electronic funds transfers made using either of these services. Your initial accessing of Online Banking Service by use of your valid personal identification number (PIN) signifies your receipt of the disclosures and your agreement to be bound by the terms contained in this Agreement.
This Agreement supplements, but does not replace, the Electronic Funds Transfer Agreement and Disclosure and other information applicable to your Garden Island FCU deposit accounts, including your signature card, all accompanying fee and other schedules and any related disclosures or notices of changes of terms or conditions and the terms and conditions of any credit agreements applicable to your Garden Island FCU loan accounts, including all accompanying fee and other schedules and any related disclosures or notices of changes of terms or conditions.
Hardware and Software Requirements: In order to access, view, and retain electronic Communications that we make available to you, you must have:
Personal Online Banking requires an Internet browser of Internet Explorer, Firefox, Chrome, Safari, or Microsoft Edge on the two most up to date platforms.
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
Adobe Acrobat Reader that is most current.
An e-mail account with an Internet service provider and e-mail software in order to receive our electronic communications; and
A personal computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing electronic communications.
Online Banking Service
Subject to the terms and conditions of this Agreement, you may use a personal computer and modem to access Online Banking Service to:
View account and loan balances for each of your selected Accounts;
View available account and loan histories for each of your selected Accounts, excluding Visa loans and 7/1 Adjustable Rate Mortgages (ARMs);
Transfer funds between your Accounts and loans in your selected Accounts, excluding Visa loans and 7/1 ARMs;
Obtain time-delayed stock price quotations;
Track a portfolio of up to twenty (20) different stocks; and
Look up corporations to determine the appropriate exchange trading symbols.
Bill Payment Service
The Credit Union has contracted with a third-party to provide bill payment service to its members. The bill payment service provider will be processing bill payments and answering questions directly related to these member-initiated bill payments. The Credit Union, at its sole discretion, reserves the right from time to time, to change Bill Payment Service providers.
If you elect the Bill Payment Service, you may use a computer and modem to do the following, subject to the terms and conditions of this Agreement:
Schedule and make bill payments (one-time or recurring) from your designated Share Draft Account to third-party vendors;
Add to or edit your vendor list for recurring payments;
Verify that information submitted regarding payments is correct;
View a history of payments made over a specified time period of up to ninety (90) days with information sorted by date, amount, or alphabetically by vendor name; and
After you add a vendor for bill payment, your vendor list will show whether the vendor will be paid by an electronic transfer or by paper check, mailed to the payee. You authorize us to choose the way to process your payment or transfer request. All payments made through the Bill Payment service will be deducted from your Share Draft account. Any payment paid through the Bill Payment Service must be payable in U.S. dollars to vendors in the United States. Each payee must appear on the payee list created by you and the account you are paying from must be in your name. You must provide sufficient information about each payee on your payee list in order for us to direct a payment to that payee. The information must also be sufficient to permit the payee to credit the correct account with your payment. You may not use the Bill Payment Service to make payments to a federal, state or local government or tax unit, for alimony, child support or other court-directed payment, to a securities broker, or to other categories of payees that we may establish from time to time.
You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time, you assume full responsibility for all late fees, finance charges, or other actions taken by the payee. We will not be liable for late charges, service fees, or any other charge if you do not schedule payments as required above.
IMPORTANT: Payments may take up to ten (10) days to reach the vendor (payee), as they are paid either electronically or by physical check, mailed to the payee.
Access
In order to access the services, you will need your account number and a password to access your account. You may change your passwords at any time in the future by completing and electronically submitting an online change of password request. Make sure you enter passwords which you can remember but cannot be easily ascertained by anyone else. To help safeguard your passwords, you should change them frequently. You must follow the foregoing procedures in order to properly access these services. You also agree that you will keep your account number and password secret. This is extremely important to prevent unauthorized access to or use of your Account. You agree that you will be responsible for all transfers and payments made from your Account by anyone you authorize to use your Account, whether such use is pursuant to or beyond your instructions.
Account Transfer
You may transfer funds to and from your Accounts, as long as you have sufficient funds available to complete the transfer and nothing in the terms and conditions of the Account Agreement prohibit the transfer. Transfers from your Account are subject to all of the transfer restrictions, if any, included in your Account Agreement. In addition, you may not transfer from your Account any funds which are secured as collateral for loans you have with us or a third party. By signing this Agreement, you authorize the Credit Union to charge your Accounts for the amount of any bill payer payment that you make or that you authorize, as well as any charges for providing this service. You also authorize us to initiate any reversing entry or file and to debit or credit any Account in order to correct any mistaken debit or credit entry.
Additional Information about the Services
We may update or delay any or all services referenced in this Agreement to ensure security. We will deny access to the Online Banking service if an incorrect PIN is entered five (5) times. If access is denied, contact the Credit Union at (808) 245-2712 between 8:30 a.m. and 4:30 p.m. (Hawaii Standard Time) Monday through Thursday (until 5:30 p.m. Friday) except holidays. Additional information and instructions on use of the Online Banking Service and Bill Payment Service may be found in this Agreement.
Bill Payment Service Preauthorized Payments Preauthorized Payments: You may use the Bill Payment Service to schedule recurring payments to third party vendors.
Stop Payment: Payments that are pending or not issued may be deleted or modified while using Bill Payment Service. If, however, the payment is already reflected in the Bill Payment Service history and you wish to request a stop payment or change a Bill Payment Service transaction, you must contact the Bill Payment Service provider's customer service department in time for the Bill Payment Service provider to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Liability for Failure to Stop Payment: If you order us to stop payment a preauthorized transfer 3 business days or more before the transfer is scheduled, and the Bill Payment Service provider does not do so, we and/or the Bill Payment Service provider will be liable for your losses and damages.
Limitation on Transactions
Unless specified in this Agreement, there is no limit to the number of times you may use Online Banking Service, and you may transfer or authorize payments up to the available balance in your Account at that time. However, we may:
Set limits on the total dollar amount of any one transaction;
Check and authorize each transaction before it becomes final; and
Limit the number of transactions in certain accounts as required by law. (For Share Savings you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers (including overdraft protection transfers) per account to another account of yours or to a third party during any calendar month. Of these six (6), you may make no more than three (3) transfers to a third party by check or Debit Card. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearinghouse. You may make unlimited transfers to any of our accounts or to any Credit Union loan account and may make withdrawals in person, by mail, or at an ATM. However, we may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend, or close your account.)
Consumer Use
The Online Banking Service and the Bill Payment Service are designed and intended for personal, family, or household purposes. The services are not designed for business or commercial use. You may not use the services for any commercial purpose. You will take full responsibility if your accounts are business or commercial accounts and will reimburse us for any loss, costs, or expenses we incur as a result of your use of the services for business or commercial purposes.
Fees and Charges
Fees and applicable charges are found in the Credit Union Rate & Fee Schedule. From time to time, the charges may be changed, and we will notify you of any changes as required by applicable law.
The following fees apply only to the Bill Payment Service. These fees are subject to change.
Monthly Fee (Includes 10 pmts per month) $ 5.00 (Monthly Fee has been waived indefinitely)
Each Additional Pmt $ .50
Stop Payment $10.00
Non-sufficient Funds (NSF) $20.00
Documentation
You will get a monthly account statement unless there are no transfers in a particular month. You may also generate a printed history of activity while using Online Banking Service. In any case, you will get a statement of activity at least quarterly.
You are entitled to receive and retain a copy of this agreement and disclosure statement. Unless you inform us otherwise, you consent to electronic receipt of this agreement and disclosure statement, all Account statements, and other notices provided from time to time on our Online Banking Service web site by using our Online Banking Service or Bill Payment Service. You may request a free paper copy by calling the Credit Union at (808) 245-2712 between 8:30 a.m. and 4:30 p.m. (Hawaii Standard Time) Monday through Thursday (until 5:30 p.m. on Friday) except holidays. You may revoke your consent in writing by contacting us by
or U.S. mail at: Garden Island FCU
Operations Dept.
P O Box 1165
Lihue, HI 96766
Or Fax at: (808) 245-7241
Member Liability
You must tell us AT ONCE if you believe your PIN or Passwords have been lost, stolen, or otherwise become available to an unauthorized person. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus the maximum amount of your overdraft protection account. If you tell us within two (2) business days after learning of the loss or theft, you can lose no more than $50 if someone used your PIN or Passwords without your permission. If you believe your PIN or Passwords have been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your PIN or Passwords without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or Passwords, and we can prove we could have stopped someone from using your PIN or Passwords without your permission if you had told us, you could lose as much as $500.
Also, if your account statement shows electronic fund transfers that you did not make, you must tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was provided to you, you may not get back any money.
If you believe your PIN or Passwords have been lost or stolen or that someone has transferred or may transfer money from your Account without your permission you must contact us immediately by telephone, e-mail, or in writing. Telephoning is the best way of keeping your possible losses down. Call the Credit Union at (808) 245-2712 between 8:30 a.m. and 4:30 p.m. (Hawaii Standard Time) Monday through Thursday (until 5:30 p.m. on Friday) except holidays,
or U.S. mail at: Garden Island FCU
Operations Dept.
P O Box 1165
Lihue, HI 96766
Or Fax at: (808) 245-7241
Include in your correspondence, your full name, address, and account number. You may be required to sign an affidavit in connection with such unauthorized activities.
Confidentiality and Account Information Disclosures
We will disclose information to third parties about your account or the transfers you make:
where it is necessary for completing transfers; or
in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; or
in order to comply with a government request
if you give us your written permission.
If you believe that we have reported inaccurate information about your Account to a consumer-reporting agency, write to us at the address found in Section 13 above. Please include your name, account number and a description of the suspected inaccuracy.
Garden Island FCU Liability
Access to the Bill Payment services may be temporarily unavailable from time to time due to system updating, maintenance or technical difficulties. You agree that the Credit Union will not be liable for delays in payments in such cases. If we do not complete an electronic fund transfer to or from your Account in time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money available in your Account to make the electronic fund transfer, if any funds in your Account necessary to complete the transfer are held as uncollected funds or pursuant to our Funds Availability Policy, or if the funds in your Account are pledged as collateral or frozen because of a delinquent loan;
If the electronic fund transfer would go over your overdraft protection credit limit;
If, through no fault of ours, we have not actually received enough money to cover an electronic deposit from a third party;
If the funds in your Account are subject to legal process or other encumbrances restricting the electronic fund transfer;
If your computer, modem, software, or Internet access is not working properly or you do not have the required software for Internet access;
If our processing system was not working properly and you knew about the problem when you started the electronic fund transfer;
If circumstances beyond our control (such as fire or flood) prevent the electronic fund transfer, despite reasonable precautions that we have taken;
If you have not provided us with correct and complete information about the payee;
If the payee is not a valid business payee;
If you did not timely provide us with correct instructions as to when to make a payment;
If the payee, on its own, mishandles or delays processing the payment sent to us;
If this Agreement is terminated;
If the authorization for your electronic fund transfer is revoked by law or court order (in case of death or incompetence, for example); or
If other exceptions are provided in other agreements we have with you or by applicable law.
We will not be required to complete any transaction described above. In the event that such a transaction is completed, you agree to pay us that amount that exceeds your Account balance or your line of credit or that is otherwise improperly withdrawn immediately upon request.
In Case of Error or Questions About Your Electronic Funds Transfers
In case of errors or questions about your electronic fund transfers, or if you think your statement or receipt is wrong, or if you need more information about an electronic fund transfer listed on the statement or receipt, contact us at the appropriate telephone number, e-mail address, or address listed below as soon as you can. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
Tell us your name and your Account number.
Describe the error or the electronic fund transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us verbally, we will require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigations within ten (10) business days after we hear from you and will correct any error promptly. Where applicable, we will credit interest and refund any fees or charges imposed on your Account. 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 provisionally 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 do not receive your complaint or question in writing within ten (10) business days after you tell us verbally, we will not credit your Account.
For errors involving transfers within thirty (30) days after the first deposit to the account was made, or initiated outside the United States, the periods referred to above are twenty (20) business days instead of ten (10) business days and ninety (90) days instead of forty-five (45) days.
If we decide that there was no error, we will send you a written explanation of our findings within three (3) business days after we complete our investigation. You may ask us for copies of the documents that we used in our investigation. If we provisionally credited your Account, we will also notify you that we reversed the credited amount. We will honor any checks, drafts or other similar paper instruments and any preauthorized electronic fund transfers up to the amount we reversed plus the available balance in your Account and the available balance in your overdraft account (if applicable) without imposing any overdraft charges from your Account for a period of five (5) business days after our notice of reversal is sent to you.
For errors or questions, call the Credit Union at (808) 245-2712 between 8:30 a.m. and 4:30 p.m. (Hawaii Standard Time) Monday through Thursday (until 5:30 p.m. Friday) except holidays,
or U.S. mail at: Garden Island FCU
Operations Dept.
P O Box 1165
Lihue, HI 96766
Or Fax at: (808) 245-7241
Terminating This Agreement
You can terminate this Agreement at any time by notifying us in writing and no longer using your PIN or Passwords. We can also terminate this Agreement at any time. If we do, we will notify you. Whether you terminate this Agreement or we do, the termination will not affect your obligations under the Agreement, even if we allow any transaction to be completed after this Agreement has been terminated. Inactivity would be cause for this Agreement to be terminated.
Notices
All notices from us will be effective when we have electronically provided, mailed or delivered them to the last address that we have for you in our records. Notices from you will generally be effective once we receive them at the appropriate address specified in this Agreement. If more than one person holds the Account, notice to or from one of the Accountholders will be effective for every Accountholder. We reserve the right to change the terms and conditions upon which the service is offered.
Business Days
For purposes of these disclosures, business days are Monday through Friday. Holidays are not included.
Records
All records (no matter the format) used and retained by the Credit Union for the transactions contemplated by this Agreement shall be and remain the property of the Credit Union. The Credit Union may, in its sole discretion, make available certain stored information upon the member's request, provided that, any expenses incurred by the Credit Union in doing so shall be paid by the member.
Changing This Agreement
We have the right to change the terms of this Agreement from time to time. We will notify you at least twenty-one (21) days before the change will take effect if the change will result in greater costs or liability to you or decrease your ability to access your Account. As permitted by law, we will not notify you in advance if the change is immediately necessary for security reasons. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
Our Rules and Regulations
Yours Accounts may also be governed by other agreements between you and us and by our rules and regulations.
Enforcement
If we ever have to file a lawsuit to collect what you owe us, you agree to pay our reasonable expense, including court costs and our attorney's fees and costs. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Credit Union is located, if allowed by applicable law.
Evidence
If we go to court for any reason, we can use a copy, microfilm or microfiche of any document to prove what you owe or that a transfer has taken place. A copy, microfilm or microfiche will have the same validity as the original.
Governing Law
Except to the extent that federal laws apply, the laws of the State of Hawaii will govern this Agreement. If any term of this Agreement cannot legally be enforced, this Agreement is to be considered changed to the extent necessary to comply with the law.
Waivers
No delay or omission by us in exercising any rights or remedies under this Agreement and Disclosure Statement shall impair or be construed as a waiver of such right or remedy. All waivers must be in writing and signed by us.
Consent And Authorization For Electronic Transmission Of All Account Statements
In this Consent and Authorization, the words “I”, “Me”, and “My” mean each person who electronically signs below. The words “Account Number” mean the account number that I entered to access this Consent and Authorization. The word “Account” means any and all accounts held at Garden Island FCU under the Account Number, including but not limited to accounts held under a suffix number, such as share, checking, savings, retirement, certificate and loan accounts.
I understand that pursuant to My account and/or loan agreements with Garden Island FCU , I may be entitled to receive periodic account statements in connection with My account, such as savings account statements and/or loan statements (“Account Statements”). By indicating My acceptance of these terms and conditions I authorize Garden Island FCU to discontinue sending Me such Account Statements via postal mail service for My Account and to instead deliver such Account Statements to Me electronically (“E-Statements”). I understand and agree that Garden Island FCU will send Me an e-mail on an ongoing basis to My primary e-mail address, as indicated in Online Banking, notifying Me that My E-Statements are ready to be viewed on the Garden Island Federal Credit Union website. I understand and agree that I will no longer receive paper copies of My Account Statements.
I further understand and agree that:
I am the authorized signer of the Account. My electronic signature executed in conjunction with this Consent and Authorization shall be legally binding and any transaction performed pursuant to this Consent and Authorization shall be considered authorized by Me.
If the Account Number entered to access this Consent and Authorization is a joint account, I acknowledge that I am the primary accountholder of the joint account and that My consent and authorization has been authorized by each of the joint accountholders. All joint accountholders are legally bound by the terms and conditions of this Consent and Authorization.
My ongoing consent to receive subsequent Account Statements electronically is voluntary and may be withdrawn at any time by un-registering for the service by selecting the “Services” tab in Online Banking and choosing the link to “Register or Unregister for eStatements” and following the instructions. I can also enroll at any time by submitting a request in writing, by telephone or by sending Garden Island FCU an e-mail at [email protected]. Subject to Garden Island FCU ’s confirmation of My request, such withdrawal shall become effective no later than fifteen (15) days after receipt by Garden Island FCU . Upon termination, I understand and agree that I will no longer have access to My Account Statements online and that I will receive all Account Statements in paper form via postal mail service.
My computer system meets the minimum system requirements set forth below. In addition, I have and will maintain a printer capable of printing any E-Statements that are e-mailed to Me and/or made available on Garden Island FCU ’s website. In the alternative, I have and will maintain the ability to electronically save and visually display on My computer screen any E-Statements that are e-mailed to Me and/or made available on Garden Island FCU ’s website. I understand Garden Island FCU recommends that I print a copy of any E-Statement and of this Consent and Authorization for My records.
Minimum System Requirements: To receive and review account statements electronically, and to view, download, and print E-Statement, you will need Microsoft Internet Explorer version 5.5 or higher, Netscape version 4.0 or higher, and Adobe Acrobat Reader 4.0 or higher.
I agree to maintain a valid, active e-mail address. I must promptly notify Garden Island FCU of any change in My e-mail or postal address by contacting Garden Island FCU at (808) 245-2712 or by changing my e-mail address in Online Banking by accessing the “Services” tab and choosing “Change Email Address” and following the instructions. Garden Island FCU is not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from E-Statements or notifications sent to an invalid or inactive e-mail address or postal address that I have provided.
I may also request a paper copy of any Account Statement. A fee may be charged for any such paper copies, subject to Garden Island FCU ’s Schedule of Fees and Charges.
I understand and agree that Garden Island FCU reserves the right to change the terms and conditions of this Consent and Authorization. Garden Island FCU will notify Me before the effective date of any change. This means Garden Island FCU will mail Me notice using the United States Post Office at the address Garden Island FCU currently has on file. By accessing My E-Statements after I receive any notice of change will constitute My agreement to such change(s). Garden Island FCU reserves the right to discontinue E-Statements program at any time.
Security Procedures: I understand that I cannot sign up for the E-Statements program and cannot access My account statements without first signing up for Online Banking and obtaining a Remote Access PIN and an Online Banking Password. I AGREE THAT USE OF A REMOTE ACCESS PIN AND ONLINE BANKING PASSWORD TO SIGN UP FOR THE E-STATEMENTS PROGRAM AND TO ACCESS MY ACCOUNT STATEMENTS CONSTITUTES A REASONABLE SECURITY PROCEDURE. I further understand that if I disclose My Remote Access PIN and Online Banking Password to other people, the may also have the ability to access My account statements and I will be responsible for any transactions they may complete. I agree to notify Garden Island FCU immediately if I believe any of My accounts have been accessed or an Access Code has been used without My permission to access My accounts. The terms and conditions in this Consent and Authorization for Electronic Transmission of All Account Statements only apply to the E-Statements program. Provisions in other Garden Island FCU agreements and disclosures, including but not limited to Garden Island FCU ’s Account Disclosure and in any and all loan agreements and disclosures, may be revised from time to time and remain effective for all other aspects of the accounts involved.