AGREEMENT AND DISCLOSURE

(Home Banking, Mobile Banking & E-Notices)

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

HOME BANKING

Account Access.  If we approve your application for the Home Banking, you may use your personal computer to access your accounts.  You will set up a User ID and Password to access your accounts.  The Home Banking service is accessible seven (7) days a week, twenty-four (24) hours a day.  You will need a personal computer, a compatible browser, and access to the Internet (World Wide Web).  You are responsible for the installation, maintenance, and operation of any software and your computer.   The Credit Union will not be responsible for any errors or failures involving any telephone service, Internet service, software installation, or your computer.

Types of Transactions.  At the present time, you may use Home Banking to:

•   - Transfer funds between your share draft, savings, and loan accounts.
•   - Transfer funds to accounts of other members you authorize for any of your accounts.
•   - Review account balance, transaction history, and tax information for any of your share draft, savings, certificates, or loan accounts.
•   - Request a withdrawal from your savings or checking account by check mailed to you.
•   - Conduct other transactions permitted by the Credit Union.
•   - Communicate with the Credit Union using electronic mail (“E-mail”) feature.

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

Service Limitations.  The following limitations on Home Banking transactions may apply in using the services listed above:

Transfers.  You may make funds transfers to other accounts of yours as often as you like. However, transfers from a savings account will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account, except as limited under the Agreement or your deposit or loan agreements.  The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

 Account Information.  The account balance and transaction history information may be limited to recent account information involving your accounts.  Also, the availability of funds for transfer or withdrawal may be limited due to our Funds Availability Policy. 

 E-Mail.  The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act.  If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in the Liability for Unauthorized Access section.

Bill Pay. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as 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 checking 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 Bill Pay transactions may apply:

•   - There is no limit on the number of bill payments per day.

Security of Access Code.  The personal identification number (PIN) or access code (“access code”) issued to you is for your security purposes.  The access code is confidential and should not be disclosed to third parties or recorded.  You are responsible for safekeeping your access code.  You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts.  If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying the Credit Union.  If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your Home Banking services immediately.

Liability for Unauthorized Access.  You are responsible for all transfers and payments you authorize under this Agreement.  If you permit other persons to use the Home Banking or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.  However, tell us at once if you believe anyone has used your access code or accessed your accounts through Home Banking without your authorization.  Telephoning us at (531) 226-3177 is the best way of keeping your possible losses down.  If you tell us within two (2) business days, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission.  If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or access code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as five hundred dollars ($500.00).  In any event your liability for unauthorized transactions through Home Banking is fifty dollars ($50.00).

Also, if your statement shows Home Banking transfers that you did not make, tell us at once.  If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time.  If a good reason, (i.e. a hospital stay) kept you from telling us, we will extend the time periods.

If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, call the Credit Union.

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

Fees and Charges.  There may be certain charges for Home Banking as set forth on the Credit Union’s Fee Schedule.  From time to time, the charges may be changed.  We will notify you of any changes as required by law. 

Periodic Statements.  Transfers, withdrawals, and payments transacted through Home Banking will be recorded on your periodic statement.  You will receive a statement monthly unless there is no transaction in a particular month.  In any case, you will receive a statement at least quarterly.

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

•   - If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
•   - If you used the wrong access code or you have not properly followed any applicable computer, Internet access, or Credit Union user instructions for making transfer and payment transactions.
•   - If your computer fails or malfunctions or the Home Banking was not properly working and such problem was apparent when you attempted such transaction.
•   - If circumstances beyond our control (i.e. fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
•   - If the funds in your account are subject to an administrative hold, legal process, or other claim.
•   - If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can process a transaction.
•   - If the error was caused by a system beyond the Credit Union’s control, such as your Internet service provider.
•   - If there are other exceptions as established by the Credit Union from time to time.

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

You or any other party to your account can terminate the Agreement by notifying us in writing.  Termination of service will be effective the first business day following receipt of your written notice.  However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Notices.  The Credit Union reserves the right to change the terms and conditions upon which this service is offered.  The Credit Union will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law.  Use of the service is subject to existing regulations governing your accounts and any future changes to those regulations.

Billing Errors.  In case of errors or questions about your Home Banking transactions, telephone us at (531) 226-3177 or write us immediately.

We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

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

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days.  We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

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

If you give notice of error within thirty (30) days after you make the first deposit to your account; we will have twenty (20) business days instead of ten (10) business days.  If you give notice of an error within thirty (30) days after you make the first deposit to your account, involving a point of sale transaction, or notice of an error involving a transaction initiated outside the United States or its territories; we will have ninety (90) days instead of forty-five (45) days to investigate.

Enforcement.  You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement, that the Credit Union incurs as a result of any dispute involving your accounts or services.  You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you.  In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs.  These costs include fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

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

LINKS TO THIRD PARTY WEBSITES

 Any web site you visit by a link from this site is solely the responsibility of the provider of that web site.  Links that may be accessed via this site are for the convenience of browsers only.  The content of, including materials and information contained on, any site to which you link from this site is solely the responsibility of the provider of that web site.  Any transactions that you enter into with a vendor, merchant or other party listed in this site or linked from this site are solely between you and that vendor, merchant or other party.  Omaha Public Power District Employees Federal Credit Union does not endorse the content contained in these sites, nor the organizations publishing those sites, and hereby disclaims any responsibility for such content.  Access linked third party websites at your own risk.

Mobile Banking

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

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

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

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

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

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

How to Register For OPPD Employees Federal Credit Union Mobile Banking:
You must first register for OPPD Employees Federal Credit Union Mobile Banking from a personal computer, not from a mobile device, via the “Mobile Bank Set Up” tab in HomeBanking. You will be provided with free access to the Mobile Banking website services.

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

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

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

e-Notices

By choosing to enroll in the Electronic Notices (“e-Notices”), you agree to accept various account related notices by email delivery.  Your online e-Notices may include:

•   - Monthly/Quarterly Account Statements
•   - Checking Account Overdraft
•   - ACH Overdraft
•   - Debit Card Overdraft

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