Online Banking, Mobile Banking & Electronic Fund Transfers Agreement and Disclosure
This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by Lower East Side People’s Federal Credit Union (“Credit Union”). In this Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1) or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.
EFT Services — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.
People’s Check Card. If approved, you may use your MasterCard® to purchase goods and services from participating merchants. However, you may not use your card to initiate any type of gambling transaction. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your share draft account. For all types of transactions, including ATM transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established or authorized with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and personal identification number (PIN) in ATMs of the Credit Union, Co-Op, Cirrus, PULSE, NYCE networks, and such other machines or facilities as the Credit Union may designate.
At the present time, you may also use your card to:
The following limitations on People’s Check Card transactions may apply:
Card Information Updates and Authorizations. If you have authorized a merchant to bill charges to your card on a recurring basis, it is your responsibility to notify the merchant in the event your card is replaced, your card information (such as card number and expiration date) changes, or the account associated with your card is closed. You are responsible for making direct payment until recurring charges resume.
People’s Voice Response. If we approve People’s Voice Response for your accounts, a separate personal identification number (PIN) will be required. You must use your personal identification number (PIN) along with your account number to access your accounts. At the present time, you may use People’s Voice Response to:
Your accounts can be accessed under People’s Voice Response via a touch-tone telephone. People’s Voice Response service will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing.
The following limitations on People’s Voice Response transactions may apply:
The Credit Union reserves the right to refuse any transaction which 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. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each telephone call.
Preauthorized EFT’s.
Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft, you may authorize your check or draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.
Online Banking. If Online Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use Online Banking to:
Your accounts can be accessed under Online Banking via personal computer. Online Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which 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. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.
The following limitations on Online Banking transactions may apply:
Mobile Banking. If Mobile Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use Mobile Banking to:
Your accounts can be accessed under LES People’s Mobile Banking app via mobile device or other approved access device(s). LES People’s Mobile Banking app will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which 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. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.
The following limitations on Mobile Banking transactions may apply:
iPay Billpay. We will process bill payment transfer requests only to those creditors you authorize and for whom the credit union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.
We will withdraw the designated funds from your share draft account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you schedule for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.
The following limitations on iPay Billpay transactions may apply:
View Online Account Information. You may use Online Banking and Mobile Banking to view the balance and recent activity in your qualifying accounts. Online account information that is available to you may vary depending on whether you access this Online Service through CUE-Branch (Online Access) or ARECU Mobile. Online account information is provided as a convenience to you for tracking purposes only. The online account information provided may differ from your records because it may not include deposits in process, outstanding checks, withdrawals, payments, fees or charges. In addition, the transaction history may be limited to a particular number of days.
Conditions of Services:
FEES AND CHARGES — There are certain fees and charges for EFT services. From time to time, the charges may be changed. We will notify you as required by applicable law.
ATM FEES and Charges. If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.
1. People’s Check card Fees.
Member Liability. You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your card or your access/user code, you are responsible for any transactions they authorize or conduct on any of your accounts.
TELL US AT ONCE if you believe your card or access/user code has been lost or stolen, if you believe someone has used your card or access/user code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Contacting us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit).
For all other EFT transactions involving your card or access/user code, including if you were negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days after you learn of the loss or theft of your card or access/user code, you can lose no more than $50.00 if someone used your card or access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or access/user code and we can prove we could have stopped someone from using your card or access/user code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make including those made by card, access/user code or other means, TELL US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time.
If you believe your card or access/user code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:
Main Branch (212) 529-8197
Outside USA (877) 695-3728
Lost /Stolen Card (888) 241-2510 outside USA (909) 941-1398
or write to:
Lower East Side People’s Federal Credit Union
37 Avenue B
New York, NY 10009
Fax: (212) 529-8368
Right to Receive Documentation
Account Information Disclosure. We will disclose information to third parties about your account or the transfers you make:
Business Days. Business days are Monday through Friday, excluding holidays.
Credit Union 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, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:
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 30 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.
Safety Precautions. The following information is a list of safety precautions regarding the use of ATMs facilities:
Billing Errors. In case of errors or questions about electronic fund transfers from your share and share draft accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears. Call us at:
Main Branch (212) 529-8197
Outside USA (877) 695-3728
Lost /Stolen Card (888) 241-2510 outside USA (909) 941-1398
or write to:
Lower East Side People’s Federal Credit Union
37 Avenue B
New York, NY 10009
Fax: (212) 529-8368
When you call or write to us tell us your name and account number. Describe the electronic transfer you are unsure about and explain as clearly as you can why you believe the Credit Union has made 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) business days. We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five to sixty (45-60) days to investigate your complaint or question. We will tell you the results 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.
Termination of EFT Services. You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access/user code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access/user code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.
Governing Law. This Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of New York, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
Enforcement. You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.
EStatements. The provisions of this section are applicable upon enrollment and activation for the LESPFCU EStatement service which is automatic when you enroll in Online Banking. Your first statement will become available on the first of the month after enrolling.
Any Account Transfer. LESPFCU is pleased to offer the Any Account Transfer service (referred to as "Service" in this subsection) as a feature of Online and Mobile Banking. The Service offered by LESPFCU, allows you to transfer funds to or from your Eligible Accounts held at LESPFCU.
The Service also includes the optional capability to electronically send money to members who are friends, family or other associates with accounts held at LESPFCU. You do not have to be an owner of the account to which you are sending money using this feature. Account transfer can occur with using member account number, suffix and surname of the person you are transferring funds to at LESPFCU. You may also transfer by using a transfer nickname given by the member whose account you are transferring funds to be credited at LESPFCU.
Do not initiate a transaction if you have or expect to have insufficient funds to cover the transaction(s). It may result in additional fees, as disclosed in our Truth in Savings Disclosure, loan or deposit agreements/disclosures, or other fee schedule applicable to you. Do not count on overdraft services, or other sources to be available to cover your transfers.
Your ability to transfer funds from certain accounts may be restricted or limited by us, by either federal law or the terms of your account. You may use your Online and Mobile Banking to set-up recurring transfers. Be sure to schedule your transfer several days before your intended transfer date.
Joint Account Management. Remember that if you give someone access to use Online Banking, Mobile Banking, Bill Pay and External transfer, you are responsible for all transactions they perform until you tell us to change or cancel access. This is true even if the person exceeds the scope of permission you gave them to use your accounts. We are not subject to agreements that you make with other people limiting their use of your accounts.
Text or email alerts. Online Banking and Mobile Banking has the capability of providing email or text alerts of certain account information, such as alerts for withdrawals, daily balance, account balance, funds deposited, funds withdrawn, check cleared, one time personal reminder or recurring personal reminder. We may add new alerts from time to time, or cancel old alerts with or without notice to you.
We transmit alerts to you either by text message, email or both. While LESPFCU does not charge for the delivery of the alerts, please be advised that text or data charges or rate may be imposed by your carrier.
Account alerts are one-way communications from us to you. An electronic message to reply sent by you through this online service will not be received by us. No action will be made on any electronic message you send to us through this online service.
You acknowledge that the mobile number you provide is registered in your name. You agree to provide your correct email or text number. If your email address or your mobile device’s number changes, you understand that it is your sole responsibility to modify your contact information on the site, or cancel this online service. If we are notified by a carrier or the new owner of your old number that you have changed or given up your mobile number, we may unsubscribe you from the alert service until you provide us with correct information.
You understand and agree that your alerts may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
We will never ask you for your user ID or password under this online service. If you receive such an email or text message, you agree to immediately report it to us.
Links to Third Party Sites. Online Banking and Mobile Banking may contain link to other websites. Such links are provided solely as a convenience for you. We do not screen, approve, review or otherwise endorse any content or information contained in any link sites. You acknowledge and agree that we, our affiliates and partners are not responsible for the contents of any linked sites, including the accuracy or availability of information provided by linked sites, and make no representations or warranties regarding the linked sites or your use of them. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
Loan Application. Submission of the completed form under the loan tab indicates you want Lower East side People’s Federal Credit Union to process a loan for decision by our Underwriting Department. This form is not considered complete until all required disclosures are returned and all requested underwriting documents are forwarded to the Credit Union. You must submit this form to start the approval process and a signed application will be required to complete it.
By submitting this form you are authorizing the Credit Union to make inquiries about and access your credit information. The submission of this form is not an approval or commitment by the Credit Union.
We value the security of your personal information. Be assured that the information you are sharing with us is protected using data encryption.
Mobile Remote Deposit Capture/Mobile Check Deposit. This Agreement contains the terms and conditions for the use of Mobile Remote Deposit Capture /Check Deposit (“RDC”) services. By accepting the Terms and Conditions, I, as the account signer, authorize Lower East Side People’s Federal Credit Union to verify credit and/or have a credit reporting agency prepare a credit report. Lower East Side People’s Federal Credit Union Membership Agreement is hereby incorporated into and made a part of the Agreement. In the event of a discrepancy between this Agreement and the Membership Agreement, this Agreement will control.
Acceptance of these Terms.
Your acceptance of these terms and/or use of the services constitutes your acceptance of this Agreement. The agreement is subject to change; we will notify you of any material change via email or on our website with a link to the revised agreement. Further, Lower East Side People’s Federal 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.
1. “Authorized User” means Depositor or agent of Depositor.
2. “Banking Day” means any day which Lower East Side People’s Federal Credit Union is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.
3. “Capture Device” means any device acceptable to Lower East Side People’s Federal Credit Union, that provides for the capture of images from original Items and for transmission through a clearing process.
4. “Check” means an Original Check, as defined in Regulation CC and Check 21 and does not include a Substitute Check or a remotely created check.
5. “Check 21” means the Check Clearing for the 21st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A.
6. “IRD” or “Image Replacement Document” means (a) a Substitute Check as defined in Check 21; or (b) the paper reproduction that will be created when an Item cannot be converted to an Electronic Transaction.
7. “Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an Office of a United States financial institution from a Payor to Depositor
8. “Payor” means consumers or businesses that make payments to Depositor by means of Items.
9. “Service(s)” means the specific service(s) provided by Alabama Rural Electric Credit Union, including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose for delivery to Alabama Rural Electric Credit Union for clearing as an IRD. Services also include any applicable support services.
10. “Service Start Date” means the date that the Services are first available to the Depositor.
11. “Technology” means Alabama Rural Electric Credit Union’s or its subcontractor’s deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to Alabama Rural Electric Credit Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to Depositor service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Alabama Rural Electric Credit Union or its subcontractors and used in the provision of Services hereunder. Any software provided by Alabama Rural Electric Credit Union or its subcontractors pursuant to the Service shall be considered Software as defined in the Software License Agreement.
12. “Term” shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.
1. Eligible Items. Depositor agrees to scan and deposit only checks as that term is defined in the Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted shall be deemed an “item” within the meeting article 4 of the Uniform commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder
c. Checks or items drawn on a financial institution located outside the United States.
d. Checks or items not payable in United States Currency.
e. Checks or items containing obvious 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
f. Checks or items previous converted to a substitute check, as defined in Reg CC.
g. Checks or items that are remotely created checks, as defined in Reg CC.
h. Checks or items dated more than 12 months prior to the date of deposit.
i. Checks or items prohibited or otherwise not acceptable under the terms of your Lower East Side People’s Federal Credit Union account.
j. Savings Bonds.
k. Any item that is incomplete.
2. Endorsement. In order for an item to be processed for deposit, the item must be signed by the payee and be restrictively endorsed in the proper location on the back of the Item with the following words: “For LESPFCU Mobile Deposit Only”. For example, if John Smith was depositing a check made payable to John Smith through Mobile Remote Deposit Capture/Check Deposit, John Smith would sign his name on the back of the check and write underneath his signature For LESPFCU Mobile Deposit Only.
IMPORTANT: Items not properly endorsed will be rejected.
3. Image Quality. Items transmitted using the Services must be legible, and must comply with requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house, or associated.
4. Depositor Responsibilities. Depositor agrees to, at its sole expense: (a) provide connectivity between the Capture Device and the Technology; (b) maintain the Capture Device in accordance with the instructions provided by Lower East Side People’s Federal Credit Union, its subcontractors and/or any other Capture Device provider; (c) if applicable, utilize Depositor’s software, or Lower East Side People’s Federal Credit Union software to scan, load, and format Items as needed for transmission to Lower East Side People’s Federal Credit Union prior to the Mobile Remote Deposit Capture/Check Deposit cut-off-time of 3:00 PM Eastern Time; (d) process return data and any remittance data delivered by Lower East Side People’s Federal Credit Union for the purpose of updating Depositor internal systems (which may include electronic and paper return Items); (e) implement and maintain security measures, including firewall protection, in compliance with its obligations under this Agreement.
5. Withdrawal of Access/Suspension of Service. Lower East Side People’s Federal Credit Union reserves the right to deny, suspend or revoke access to the Services immediately, in whole or in part, in its sole discretion, without notice, if Lower East Side People’s Federal Credit Union believes Depositor and/or its Authorized users are in breach of this Agreement or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Lower East Side People’s Federal Credit Union or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure as set forth in the Service Agreement.
6. Account Statement Examination. All deposits will be reflected on the Depositor’s account statement. All deposits made through the Services shall be deemed to be correct, unless Depositor notifies Lower East Side People’s Federal Credit Union of any errors to deposits made through the Services within 60 days after the applicable account statement is mailed or otherwise provided to Depositor.
7. Hardware and Software Requirements. The Services are designed to work with touch-based operating systems commonly found on tablet devices. The following tablet-based operating systems are supported: (1) Android Default browser and Chrome – 2 most recent versions and (2) Mobile Safari for iOS devices – 2 most recent versions.
1. Image Replacement Document Processing. Depositor authorizes Lower East Side People’s Federal Credit Union to convert Items to Image Replacement Document (IRDs) or transmit as an image and further authorizes Lower East Side People’s Federal Credit Union or any other facility to which an item is sent for process. Items may be transmitted to a printing facility for printing and clearing through traditional paper processing channels, at Lower East Side People’s Federal Credit Union’s sole discretion. The IRDs will be created in accordance with Check 21; alternatively, Lower East Side People’s Federal Credit Union may process Items as photocopies in lieu of originals, under guidelines established between Lower East Side People’s Federal Credit Union and Depositor and applicable industry standards. Items that fail to satisfy the warranties made to Lower East Side People’s Federal Credit Union by Depositor, that fail to meet the requirements of Lower East Side People’s Federal Credit Union or Check 21, or that are otherwise not able to be processed may be charged back to Deposit’s account and/or returned to Depositor. Depositor agrees to be bound by any applicable laws, rules and regulations to which Lower East Side People’s Federal Credit Union is a party.
2. Processing of Items. Images of Items transmitted by Depositor are not considered received by Lower East Side People’s Federal Credit Union until Depositor has received an electronic confirmation of the receipt of the deposit from Lower East Side People’s Federal Credit Union. We are not responsible for items we do not receive or for images that are dropped during transmission. Receipt of the confirmation from Lower East Side People’s Federal Credit Union does not mean that the transmission was error free or complete. Lower East Side People’s Federal Credit Union reserves the right to reject any item transmitted through the Services, at our discretion.
3. Handling of Transmitted Items. Upon receiving electronic confirmation of receipt of an item, Depositor agrees to prominently mark the item as “Electronically Presented”; agrees to store the original item in a safe and secure environment for at least sixty (60) days; and agrees never to represent the item. Depositor will promptly (but in any event within 5 business days) provide any retained original Item to Lower East Side People’s Federal Credit Union when requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item or as Lower East Side People’s Federal Credit Union otherwise deems necessary.
4. Availability of Funds. Depositor understands and agrees that items transmitted using the Services are not subject to the funds availability requirements of Reg CC. Funds from Items deposited under the terms of this Agreement will generally be available after Lower East Side People’s Federal Credit Union receives payment for the funds submitted. Lower East Side People’s Federal Credit Union may make such funds available sooner to certain customers at its sole discretion.
5. Depositor Liability. Depositor shall be solely responsible if any Item for which Depositor has been given provisional credit is subject to return or reversal, and neither Lower East Side People’s Federal Credit Union nor its subcontractors shall be liable or responsible for same. Depositor acknowledges that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (a) may be received prior to final positing and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Lower East Side People’s Federal Credit Union shall have no liability for the content of payment-related information.
6. Deposit Limits. Lower East Side People’s Federal Credit Union reserves the right to impose limits on the amounts(s) and/or number of deposits that you transmit using the Services, and to modify such limits from time to time.
1. Depositor Warranty. Depositor represents and warrants to Lower East Side People’s Federal Credit Union:
(A) Depositor has the authority to enter into this agreement and perform its obligations hereunder and all information supplied by depositor to Lower East Side People’s Federal Credit Union is accurate and true; (B) Depositor will provide all reasonable assistance to Lower East Side People’s Federal Credit Union and its subcontractors in providing the services set forth herein; (C) Depositor and any authorized users will only use the services for lawful purposes and in compliance with all applicable rules and regulations and with Lower East Side People’s Federal Credit Union’s reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (D) Depositor has only transmitted acceptable items for deposit and has handled the original items following transmission to Lower East Side People’s Federal Credit Union as agreed, directed by with Lower East Side People’s Federal Credit Union and in accordance with applicable law; (E) Depositor is a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (F) The items have not been altered; (G) Each item bears all applicable endorsements in a restricted format as directed by Lower East Side People’s Federal Credit Union; (H) All the warranties set forth in and subject to applicable laws and regulatory agencies; (I) (1) The electronic image portion of each item accurately and legibly represents all of the information on the front and back of the original check as of the time the original check was deposited, (2) The information portion of the item contains a record of all applicable MICR-line information required for a substitute check, and (3) The item conforms to the technical standards for an electronic item as specified by Lower East Side People’s Federal Credit Union from time to time; (J) Depositor will submit only one accurate and clear image of the front and back of each item to Lower East Side People’s Federal Credit Union only one time; (K) Depositor will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (L) The amount of an item entered by depositor or any authorized user for transmission to Lower East Side People’s Federal Credit Union is accurate; and (M) Depositor and any authorized users will not (1) Sell, lease, distribute, license or sublicense the technology or services; (2) Modify, change, alter, disassemble or decompile the technology or services in any way for any reason; (3) Provide, disclose, divulge or make available to, or permit use of the technology or services by, any third party; (4) Copy or reproduce all or any part of the technology or services; (5) Interfere, or attempt to interfere, with the technology or services in any way; (6) Engage in spamming, fraudulent, illegal or unauthorized use of the services, (7) Introduce or transmit through the technology or services, without limitation, via any portion of the depositor’s computer system that interfaces with the technology or services, or otherwise, any virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the technology, services or other computer systems of Lower East Side People’s Federal Credit Union or its subcontractors; (8) Remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the technology or services; or (9) Engage in or allow any action involving the technology or services that is inconsistent with this agreement. Should depositor receive notice of any claim regarding the services, depositor shall promptly provide Lower East Side People’s Federal Credit Union with a written notice of such claim.
2. Lower East Side People’s Federal Credit Union Warranty. Lower East Side People’s Federal Credit Union warrants that: (A) Lower East Side People’s Federal Credit Union has the authority to enter into this agreement and perform its obligations hereunder; and (B) It has developed each service (other than any portion furnished by a subcontractor or third party vendor) and owns and/or has the right to furnish the same (including any portion furnished by a subcontractor or third party vendor.)
3. Disclaimer. Except as set forth above in Section 2, Lower East Side People’s Federal Credit Union and its subcontractors make no representations or warranties, whether express, implied or statutory regarding or relating to any of the technology or services and/or access to or use of the services or technology provided to depositor hereunder. Lower East Side People’s Federal Credit Union and its subcontractors specifically disclaim any and all implied warranties or merchantability, fitness for a particular purpose and non-infringement. Lower East Side People’s Federal Credit Union and its subcontractors also do not guarantee that depositors’ access to the services provided under this agreement will be uninterrupted, error free or secure. Lower East Side People’s Federal Credit Union and its subcontractors also do not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by depositor or agents. Lower East Side People’s Federal Credit Union and its subcontractors do not warrant the accuracy, reliability, completeness or timeliness of the content of internet websites or other data received by depositor or payers via the internet.
1. Limitation of Liability. Notwithstanding anything to the contrary herein, in no event will Lower East Side People’s Federal Credit Union’s liability under this agreement for any damages of any kind exceed an amount equal to the amount of items received by Lower East Side People’s Federal Credit Union from depositor for the services during the month preceding the date on which the claim first accrued. Lower East Side People’s Federal Credit Union shall not be liable for any special, indirect or consequential damages, even if it has been advised of the possibility of these damages.
2. Indemnification. In addition to its indemnification obligations in this agreement, and except for losses or expenses attributable to Lower East Side People’s Federal Credit Union’s own lack of good faith or failure to exercise ordinary care, depositor agrees to indemnify Lower East Side People’s Federal Credit Union for any loss or expense sustained (including interest, costs, attorney’s fees and expenses of litigation) resulting from (i) Depositor’s lack of authority to make the warranty in subsection III (E) under Warranties and Disclaimers; (ii) any action taken or not taken by Lower East Side People’s Federal Credit Union within the scope of its authority in handling an item; (iii) any warranty required to be made by Lower East Side People’s Federal Credit Union with respect to an item under applicable law or regulation; and (iv) breach of the warranties in subsections III.1(A) through III.1(M) under Warranties and Disclaimers.
1. Termination. In addition to the denial, suspension, revocation and termination provisions in this Agreement, Lower East Side People’s Federal Credit Union may immediately terminate the Service or any portion of the Service if Lower East Side People’s Federal Credit Union determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. Depositor may terminate the Service with notice to Lower East Side People’s Federal Credit Union. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same.
2. Obligations upon Termination. Upon the termination of this Agreement for any reason: (a) Depositor’s access to, and use of, the Services will terminate; (b) Depositor will return to Lower East Side People’s Federal Credit Union any and all Lower East Side People’s Federal Credit Union Services, equipment, software, documentation, Technology or other deliverables provided to Depositor by Lower East Side People’s Federal Credit Union, including any copies thereof held by Depositor; (c) Lower East Side People’s Federal Credit Union will deliver to Depositor all Depositor documentation and other materials stored by Depositor on Lower East Side People’s Federal Credit Union’s or its subcontractor’s network; and (d) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and provide written verification of same. Notwithstanding the foregoing, Lower East Side People’s Federal Credit Union’s obligations with respect to subsections (c) and (d) shall be subject to Lower East Side People’s Federal Credit Union’s record retention policies and applicable laws and regulations. The provisions of sections III, IV, V and VI shall survive termination of this Agreement.
1. Lower East Side People’s Federal Credit Union Information. Depositor acknowledges that the Technology and Service contain valuable trade secrets, which are the sole property of Lower East Side People’s Federal Credit Union or its subcontractors (“Credit Union Confidential Information”), and Depositor agrees to hold same in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein. Depositor agrees to use no less than reasonable care to prevent other parties from learning of these trade secrets. Depositor will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Credit Union Confidential Information.
2. Intellectual Property Ownership. This Agreement does not transfer to depositor any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Lower East Side People’s Federal Credit Union or its subcontractors.
3. Depositor Information. Lower East Side People’s Federal Credit Union acknowledges that Depositors’ information may contain information regarding its Depositors, which are the sole property of Depositor (“Depositor Confidential Information,” and, collectively with Bank Confidential Information, “Confidential Information”), and Lower East Side People’s Federal Credit Union agrees to hold same in confidence and will protect Depositor Confidential Information pursuant to Lower East Side People’s Federal Credit Union’s Privacy Policy.
4. Exceptions. The obligations of this Section VI shall not apply to any information that: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party (the “Receiver”), generally known or available; (b) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver’s records; (c) is hereafter furnished to the Receiver by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by the Receiver without reference to or use of the disclosing party’s information; or (e) is required to be disclosed by law or in connection with a legal or administrative proceeding, provided that the party to whom the information belongs is given prompt prior written notice of such proposed disclosure, if not otherwise prohibited.
5. Unauthorized Use. Both parties acknowledge that the unauthorized use, disclosure or duplication of trade secrets or other confidential information belonging to each party shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the owner, for which there is no adequate remedy at law. Accordingly, Lower East Side People’s Federal Credit Union and Depositor each hereby agree that the other party may seek injunctive relief against it to prevent or remedy any breach of the confidentiality obligations described herein without the other party being required to post bond, or if bond is required, only nominal bond.
1. Items Returned Unpaid. A written notice will be sent if an item submitted for processing is returned as unpaid. In the event such item is dishonored, Lower East Side People’s Federal Credit Union will debit the amount of the item from the Account.
2. Unavailability of Services. Depositor understands that the Services may at times be temporarily unavailable due to routine system maintenance or technical difficulties including those of the Internet Service Provider, cellular service provider, and internet software. In the event that Services are unavailable, Depositor acknowledges that original checks may be deposited at one of the Lower East Side People’s Federal Credit Union branch locations or by mail. It is the Depositor’s sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by Lower East Side People’s Federal Credit Union.
3. Relationship of Parties. Lower East Side People’s Federal Credit Union and Depositor are independent parties and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Lower East Side People’s Federal Credit Union and Depositor. Neither Lower East Side People’s Federal Credit Union nor Depositor will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
4. Notices. Depositor agrees that any notices required or permitted under this Agreement or the Service Agreement may be given electronically.
5. No Waiver. The failure of either party to enforce at any time any provision of this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce any provision or exercise any right hereunder.
6. Severability. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision.
7. Governing Law. This Agreement is entered into in New York, and shall be governed by the laws of New York and of the United States, and any rule or regulation of New York or a federal agency having jurisdiction over Lower East Side People’s Federal Credit Union. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of Lower East Side People’s Federal Credit Union under this Agreement are cumulative of all other rights Lower East Side People’s Federal Credit Union may have by law or otherwise.
8. Amendments/Change in Terms. Unless applicable law provides otherwise, this Agreement may be amended by notice sent electronically or by mail to Depositor at Depositor’s last address known to Lower East Side People’s Federal Credit Union to be effective not less than thirty (30) days after the day transmitted or mailed. Lower East Side People’s Federal Credit Union shall not be bound by any modification of this Agreement unless Lower East Side People’s Federal Credit Union expressly agrees to the modification in writing. Depositor shall have the right to terminate the Agreement prior to the effective date of amendment. This Agreement supersedes all prior agreements and amendments.
9. Assignment. Depositor may not assign this agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.
BILL PAY
This Agreement contains the terms and conditions for the use of Lower East Side People’s Federal Credit Union (“Credit Union”, “us,” or “we”) iPay Bill Pay service that we or our affiliates may provide to you (“you,” or “User”). Other agreements you have entered into with us, including the Membership & Account Agreement, Electronic Funds Transfer Agreement. Online Banking, Remote Deposit Capture, and other Disclosures governing your account, are incorporated by reference and made a part of this Agreement.
Credit Union reserves the right to refuse enrollment in Bill Pay for any member who does not meet the Bill Pay criteria that has been established by the Credit Union. Included in the criteria is a requirement that subscribers to this service must live within the United States, its possessions and territories.
The earliest possible Scheduled Payment Date (the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day) for each Biller (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) will be designated within the application when you are scheduling the payment. Therefore, the application 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 (the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period) 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.
The payment will be deducted from your Account by a transfer. All bill payments debited from your account will appear on your monthly Statement. They will also appear under the "BILL PAY HISTORY" section of Bill Pay in Online Banking and Mobile Banking. All payments can be viewed with the Payee's name, payment amount and payment date by reviewing your recent payment history under the history option provided to you as part of the Online Bill Pay Service.
Due to circumstances beyond the control of the Credit Union, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. User will bear responsibility for any late payment related charges should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described within this Agreement.
By providing Bill Pay with names and account information of Billers to whom you wish to direct payments, you authorize the Credit Union to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay system may edit or alter payment data or data formats in accordance with Biller directives.
When Payment Instructions are received, you authorize the Bill Pay system to debit your 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 us to credit your Account for payments returned by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of Bill Pay.
We will use our best efforts to make all your payments properly. However, the Credit Union shall incur no liability if we are 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 Credit Union, your Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account, if applicable (Note: Credit Union may, at its option, pay a scheduled bill payment (a payment that has been scheduled through Bill Pay but has not begun processing), which exceeds the balance in the checking account by transferring the amount of the resulting overdraft from your available line of credit or share account, indicated on the Membership Application and Agreement or on any subsequent Account Maintenance Form.
Payment processing is not working properly;
If the Payee mishandles or delays a payment sent by Bill Pay;
You have not provided Bill Pay with the correct Account information, or the correct name, address, phone number, or account information for the Biller: and/or
Circumstances beyond control of the Credit Union (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and Bill Pay has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if Bill Pay causes an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed to a Biller which does not comply with your Payment Instructions, Bill Pay shall be responsible for returning the improperly transferred funds to your Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Bill Pay reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, ACH, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Account when the laser draft is presented to your financial institution for payment).
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We 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 the Credit Union. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. The Credit Union may also require you to present your request in writing. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payments to Billers outside of the United States or its territories are prohibited through Bill Pay.
Tax payments and court ordered payments may be scheduled through Bill Pay, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Credit Union be liable for any claims or damages resulting from your scheduling of these types of payments. This guarantee does not apply to any late payment related changes. The Credit Union has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, miss-posted or misdirected payments will be the sole responsibility of you and not of the Credit Union.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the electronic bill options, you also agree to the following:
Information provided to the Biller - Bill Pay is unable to update or change your personal information such as; but not limited to, name, address, phone numbers, and e-mail addresses; with the electronic Biller. Any changes will need to be made by contacting 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. Bill Pay 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 at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Upon activation of the electronic bill feature Bill Pay may 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. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the 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.
Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. 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.
The Credit Union will use its best efforts to present all of your electronic bills promptly. In addition to notification within Bill Pay, 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 Bill Pay 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.
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. It is your sole responsibility to make arrangements for an alternative form of bill delivery. Bill Pay will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
You agree to hold the Credit Union 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.
The Credit Union is not responsible for the accuracy of your electronic bill(s). The Credit Union is 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 addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
Bill Pay can be accessed by logging into Online Banking and Mobile Banking and by clicking the Bill Pay link in the navigation menu.
You agree not to give or make available your Online banking and Mobile Banking username and password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using Bill Pay. If you permit other persons to use Bill Pay or your Online and/or Mobile Banking username and password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Online and /or Mobile Banking username and password or other means to access your account has been lost or stolen or that someone may attempt to use Bill Pay without your consent or has transferred money without your permission, you must notify the Credit Union at once by calling (212)529-8197 during business hours.
You also agree that Credit Union may revoke your Bill Pay service and/or Online and Mobile Banking account access services if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the Online and Mobile Banking username(s) and password(s) belonging to you and/or your authorized user. Further, you agree that, if Credit Union is notified that you have included the credit union in the filing of a petition of bankruptcy, Credit Union may revoke or refuse to grant you Bill Pay service and/or Online and Mobile Banking account access to your account.
Charges transactions and optional services (e.g., Non-Sufficient Funds or Stop Payment Fees) are specified in the Fee Schedule. You agree to pay such fees and charges, and authorize Bill Pay to charge your designated Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your savings or loan accounts will continue to apply. You are responsible for any and all telephone access fees or online service fees that may be assessed by your telephone utility and/or Online Service Provider.
Your Credit Union loan accounts may not be paid by using Bill Pay, but instead may be paid by using the transfer/payment option on the Credit Union Online and Mobile Banking service or by automatic transfer from your Credit Union Checking account at no charge.
In using Bill Pay, you are requesting Bill Pay to make payments for you from your Account. If we are unable to complete the transaction for any reason associated with your Account (for example, there are insufficient funds in your Account to cover the transaction and you have standard overdraft privilege), the transaction will not be completed. In these cases, you agree that a non-sufficient funds (NSF) fee will be charged in accordance with the credit union's established and published fees. Further, you also agree that a NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your Account. If you have extended overdraft privilege on your account, we will authorize and pay overdrafts for automatic bill payments. We pay overdrafts at our discretion, which means we do not guarantee that we will always authorize and pay any type transaction. If we do not authorize and pay an overdraft, your transaction will be declined.
By enrolling and using the Bill Pay service you agree that LESPFCU has the right to transfer funds from your available balance on your all of your share accounts to recover funds for all payments that have been requested to be paid by you and your authorized user: this includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner.
The terms of this Agreement, applicable fees and service charges may be altered or amended by the Credit Union from time to time. In such event, we send notice to you at your address of record or by secure electronic message via the Online and Mobile Banking service. Any use of Bill Pay after we send you a notice of change will constitute your agreement to such change(s). Further, we, may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Credit Union reserves the right to terminate this Agreement as to all such prior versions of the Bill Pay programs, services, and/or related material and limit access to recent revisions and updates.
In the event you wish to discontinue Bill Pay you must contact the Credit Union in writing, email, phone, (212)529-8197 at least 10 days prior to the next scheduled payment. Written notice must be signed and sent to:
Lower East Side People’s Federal Credit Union
37 Avenue B
New York, NY 10009
The Credit Union may terminate Bill Pay to any individual at any time with cause, but without advance notice. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement. Any payment(s) we have already processed before the requested cancellation date will be completed. All Scheduled Payments including recurring payments will not be processed once Bill Pay is cancelled.
We reserve the right to refuse to pay any person or entity to which you may direct a payment.
The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of the Credit Union 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.
WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SERVICE OR THE BROWSER, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES BECAUSE OF FAILURE OR DELAY IN THE DELIVERY OR PROCESSING OF ANY PAYMENT, NOT CAUSED BY US. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATION, WE DO NOT WARRANT YOUR EQUIPMENT, THE SOFTWARE OR THE BROWSER OR THAT THEY ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, OR OTHERWISE, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. ANY PROBLEMS WITH YOUR EQUIPMENT, THE SOFTWARE OR THE BROWSER MUST BE RESOLVED DIRECTLY WITH THE MANUFACTURER OR OTHER SUPPLIER. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR THAT OPERATION OF THE SERVICE WILL BE ERROR FREE OR SECURE.
Errors and Questions
In case of errors or questions about your transactions, you should notify us as soon as possible via one of the following:
1. Telephone us at (212) 529-8197
2. Write us at:
Lower East Side People’s Federal Credit Union
37 Avenue B
New York, NY 10009
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
Tell us your name and Service account number. Describe the error or the transaction in question, and explain as clearly as possible 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) business days. We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five to sixty (45-60) days to investigate your complaint or question. We will tell you the results 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.
Additional Information.
Online Banking, Mobile Banking, Bill Pay and External transfer services are generally available 24 hours a day, 7 days a week. The system may be temporarily unavailable from time to time for maintenance, due to high Internet traffic volume, or for other reasons beyond our control. If this happens, please try your transaction again later. We are not responsible for any delays you have in accessing or using Online Banking, Mobile Banking, Bill Pay or External transfer service.
Remember that if you give someone your User ID and Password, you are authorizing them to use Online Banking, Mobile Banking, Bill Pay and External transfer service and you are responsible for all transactions they perform until you tell us to change or cancel your User ID and Password. This is true even if the person exceeds the scope of permission you gave them to use your accounts. We are not subject to agreements that you make with other people limiting their use of your accounts.
With respect to your use of Online Banking, Mobile Banking, Bill Pay, we will disclose information about your accounts and the transfers you make to third parties (a) when necessary to complete transfers; (b) to verify the existence and condition of your account for a third party such as a credit bureau or merchant; (c) to comply with a governmental agency or court order; (d) if you give us written permission; (e) if necessary to fulfill agreements between us and our third party Online Banking, Mobile Banking, Bill Pay and External transfer service providers; or (f) if it involves a claim by or against us in connection with a deposit to or withdrawal from your account.