SEFCU ONLINE AGREEMENT AND DISCLOSURE

1. INTRODUCTION - This Agreement and Disclosure specifically governs the SEFCU OnLine “Service”, and informs you of your rights and responsibilities and the terms and conditions associated with the service you have requested. Please read this Agreement and Disclosure carefully. In this Agreement and Disclosure, the words “you”, “your”, and “yours” mean each and every one who utilizes SEFCU OnLine. The words “we”, “us”, “our”, “SEFCU” and “Credit Union” mean SEFCU. The words “the Service” refer to SEFCU OnLine.

By initiating inquiries and/or fund transfers through the Service, or by permitting another to use the Service on your behalf, you acknowledge receipt of the Agreement and Disclosure and agree to be bound by all terms and conditions contained herein, and all applicable terms and conditions in our other agreements (found in this SEFCU Member Benefit Guide) with you governing your checking, savings, and loan accounts accessible in connection with the Service. You further agree to follow all instructions provided by the Service and reflected on your computer screen. The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other deposit account and credit agreements you have with the Credit Union, including all such disclosures made pursuant to such agreements. You further agree to abide by any terms or conditions which may be added because of future enhancements to SEFCU OnLine. 

2. SERVICES - Using your personal computer (“PC”) and your Personal Identification Number (“PIN”), you can access your SEFCU accounts and process transactions 24 hours a day, seven days a week (whenever the Service is available. See “System Unavailability”). You may use your PC and PIN to carry out the following transactions:

• Inquire about and download account balance and transaction history on your savings, checking, share certificates, and loan accounts
• Initiate fund transfers between your savings, checking, and loan accounts established under the same primary account number
• Make transfers to another member’s account, if you have pre-designated the accounts when enrolling for the Service or at a later date
• Obtain cash reserve/line of credit advances and have the funds deposited to your other accounts
• Access your SEFCU account statement via the eStatement option  {Note: This feature requires separate enrollment in the SEFCU eStatement Service.}

3. BUSINESS AND PROCESSING DAYS - SEFCU OnLine will be available 24 hours a day, seven days a week, except when down for maintenance as indicated in the paragraph titled “System Unavailability.”

4. LIMITS ON TRANSFERS AND TRANSACTIONS - With the exception of the specific transactions listed below, there are no limits on the number or value of transactions you may initiate through SEFCU OnLine, provided collected funds are available in your account or sufficient credit is available on your line of credit. You cannot initiate a transfer from Share Certificates or IRA accounts, or any restricted accounts, such as mortgage holding or Holiday Club accounts. Overdraft Protection is NOT automatically triggered to cover “insufficient funds” transactions. You may initiate transfers from your account to another member’s account ONLY if you have pre-designated these accounts or shares in writing. SEFCU reserves the right to limit the frequency and dollar amount of transactions at any time for security reasons.

5. TRANSACTION LIMITATIONS ON SHARE SAVINGS ACCOUNTS - During any statement period, you may not make more than six withdrawals or transfers from any savings account to another credit union account of yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be made by SEFCU draft, debit card, if applicable, or similar order to a third party. If you exceed the transfer limitations set forth above in any statement period, SEFCU reserves the right to close your account. No such limitations apply with regard to checking account transactions.

6. FINANCE CHARGES ON LOAN TRANSFERS - Each transfer made from your line of credit is considered a cash advance and finance charges begin to accrue from the effective date of the transfer, in accordance with the terms of your credit agreement(s).

7. FUNDS AVAILABILITY AND ACCRUAL OF DIVIDENDS - Funds from electronic funds transfer credits/deposits will be available on the effective date of the transfer in accordance with our “Funds Availability Policy”. Dividends begin to accrue on the effective date of the transfer.

8. ISSUANCE AND CONFIDENTIALITY OF YOUR PIN - You are provided with an initial PIN for use with SEFCU OnLine and are required to choose a new PIN once your account is activated. Your PIN is confidential and should NOT be disclosed to others or recorded on documents or records located on or around your PC. You agree not to disclose or otherwise make your PIN available to anyone not authorized to sign on your accounts. If you authorize anyone to use your PIN, that authority shall continue until you specifically revoke such authority by changing the PIN or by notifying SEFCU and selecting a replacement PIN. You understand that if you reveal your PIN to anyone, you have authorized that individual to transfer and withdraw funds from any of your accounts which can be accessed by the PIN, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of the Service. If you fail to maintain security of your PIN and SEFCU suffers a loss, we reserve the right to terminate Service to you under this Agreement and Disclosure, as well as to terminate other Credit Union deposit and loan services. SEFCU will not be responsible for any losses you suffer due to your failure to maintain the security of your PIN.  Users of the Service should use such other PIN protection precautions as may be appropriate under any particular set of circumstances to ensure proper security over system access and access to account and transaction information and funds transfer capabilities. The Service provides the capability for you to change your PIN. To help safeguard your security, you should change your PIN frequently. If you forget your PIN or your system access is disabled due to the use of an incorrect PIN, you must contact a SEFCU Representative to have a temporary PIN issued to you. We reserve the right to require written re-application for a new/replacement PIN.

9. SEFCU'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, we may be liable for your losses and damages. However, it is your responsibility to verify that the transaction confirmation was received. There are some exceptions. We will NOT be liable for example, if: (1) Through no fault of ours, you do not have sufficient available funds in your account to make the transfer; (2) The transfer would exceed any permitted overdraft line you have with us; (3) Circumstances beyond our control (such as fire, flood, power failure, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transfer, despite reasonable precautions taken by us; (4) The funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; (5) The information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (6) The system was not working properly and you knew about the breakdown when you started the transfer; or (7) You are in default on an account to which you are attempting a transfer. (There may be other exceptions stated in our agreement with you.)

In addition, SEFCU will also have no liability whatsoever for failure to complete a payment or transfer you initiate or attempt to initiate through the Service under any of the following circumstances: (1) If you did not properly follow the Service instructions on how to make the transfer; (2) If you did not give SEFCU complete, correct, and current instructions or information; (3) If your personal computer and/or software malfunctioned for any reason; (4) If the transfer could not be completed due to system unavailability; or (5) We blocked the transfer to protect the integrity or security of the system.

10. MEMBER'S RESPONSIBILITY AND LIABILITY FOR UNAUTHORIZED TRANSFERS - You are responsible for all transfers you initiate and authorize using the Service. If you permit other persons to use the Service and your PIN, you are responsible for any transactions they authorize from any of your accounts. Notify us IMMEDIATELY if you believe that your PIN has been lost or stolen or that someone has used it or may use it to access your account or conduct transactions without your permission. Telephoning is the best way of keeping your possible losses down. Call SEFCU at 518-452-8183 or 800-727-3328 outside the 518 area code within the continental U.S. or write to us at: SEFCU, Patroon Creek Corporate Center, 700 Patroon Creek Blvd., Albany, NY 12206-1067. If you notify us within two (2) business days after learning or suspecting that your PIN was lost, stolen, or used by someone without your permission, you can lose no more than $50.00. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your PIN, and we can prove we could have stopped someone from using your PIN without your permission had you told us in time, you could be liable for as much as $500.00.

Also, if your statement shows 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 that you lost after the sixty (60) days, if we can prove that we could have prevented someone from taking the money had you told us in time. (SEFCU may, at its discretion, extend this time period based on a member’s inability to meet the 60-day requirement for reasons such as extended illness or travel.)

11. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUNDS TRANSFERS - Contact us IMMEDIATELY if you think your statement is wrong or if you need more information about a transfer. You may notify us at 518-452-8183 or 800-727-3328 outside the 518 area code within the continental U.S. or write to us at: SEFCU, Patroon Creek Corporate Center, 700 Patroon Creek Blvd., Albany, NY 12206-1067. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and account number, the dollar amount of the suspected error, and the date it occurred. Describe the error or the transfer you are unsure about, and explain as clearly as you can, why you believe it is an error or why you need more information.

If you notify us verbally, we may require you to send us your complaint or questions in writing within ten (10) business days. We will tell you, in writing, the results of our investigation 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 (45) calendar days to investigate your complaint or question. If we need to use the forty-five (45) days to investigate, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or request in writing and we do not receive it within ten (10) business days, the Credit Union is not required to credit your account.

For transactions initiated outside the United States, the time period stated above increases to ninety (90) calendar days instead of forty-five (45) calendar days, unless otherwise required by law, to investigate your complaint or question. If your claim is made within thirty (30) days of account opening, we will provisionally credit your account within twenty (20) business days and may take up to ninety (90) calendar days to conduct our investigation.

If we determine there was no error, we will send you written explanation within three (3) business days after we complete our investigation. You may ask for copies of the documents that we used in our investigation and upon which we relied to conclude that the error did not occur. (We will make these available to you to the extent possible without violating any other person’s right to privacy).

12. RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS - Your completed Service transactions will appear on your periodic account statements. You will get a monthly account statement of the electronic funds transfer activity on your accounts, unless there is no activity in a particular month. In any case, you will get a statement at least quarterly. Be sure to review and verify all statement information thoroughly. You may also obtain information on transfers and payments through inquiry of your transactional account history using the Service.

13. FEES AND CHARGES - There is currently no fee for the Service. However, SEFCU reserves the right to impose fees or to subsequently change any fee structure, if necessary, at its discretion, with appropriate notice. SEFCU reserves the right to deactivate member access to SEFCU OnLine for those who have not logged into the service for 90 consecutive days or more.

14. ACCOUNT TRANSACTION HISTORY - Each time you inquire and download account transactional information, you will receive transaction data for the current month or from a selected date forward. You may also choose to view history for the previous 11 months. Based on the level of your transaction activity, it may be advisable to download transaction information at least once every sixty (60) days if you wish to maintain all of your account information on your personal computer.

15. ONLINE MAIL CAPABILITIES AND LIMITATIONS - The Service includes secure SEFCU OnLine e-mail capabilities, allowing you to send and receive electronic mail messages to and from the Credit Union. SEFCU may not immediately receive and review OnLine mail messages that you send and will NOT process any requests for fund transfers received via OnLine mail.
Further, the Credit Union may not act upon requests for stop payments, requests for replacement PINs, reports of lost or stolen PINs or unauthorized transactions (refer to “Member’s Responsibility and Liability for Unauthorized Transfers” above for appropriate action), reports of lost or stolen Visa® Cards, or on any other requests for which SEFCU would normally require written notification or your authorizing signature, without first confirming the authenticity of the OnLine mail request/notification via telephone. In some instances, written confirmation reflecting your authorizing signature may still be required. SEFCU will not take action based on your OnLine mail requests until SEFCU actually receives your message and has a reasonable opportunity to act. If your request requires immediate attention, contact SEFCU directly by telephone, in person, or via secure live chat via SEFCU OnLine.

16. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES - We will only disclose information to third parties about your account or the transfers you make: (a) Where it is necessary for completing transfers; or (b) In order to comply with government agency or court orders; or (c) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (d) If you give us your written permission.

17. SYSTEM UNAVAILABILITY - Access to the Service may be unavailable at certain times for the following reasons: (1) Scheduled maintenance - There will be periods when systems require maintenance or upgrades; (2) Unscheduled maintenance - service may be unavailable when unforeseen maintenance is necessary; or, (3) System outages- major unforeseen events, including, but not limited to: earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages, that may cause system unavailability. SEFCU will make all reasonable efforts to ensure the availability of the Service. However, SEFCU is in no way liable for the unavailability of the Service or any consequential damages that may result.

18. OTHER LIMITATIONS OF LIABILITY - Only browsers recommended on the “Configuration” page of the SEFCU OnLine website are acceptable. You are solely responsible for the selection, installation, maintenance, and operation of your personal computer and software. SEFCU expressly disclaims any and all liability as relates to the improper use of your personal computer and the transmission of data. SEFCU is not responsible for any errors or failures due to any malfunction of your personal computer or software, or unsuitability of your personal computer or software, or any virus, or any problems that may be associated with the use of any Internet service.

19. TERMINATION OF AGREEMENT AND SERVICE - You may cancel this Agreement and Disclosure and terminate your Service with SEFCU at any time by notifying SEFCU either orally or in writing and discontinuing use of the service. The Credit Union may terminate its Service and this Agreement and Disclosure at any time by giving you advance notification, either orally or in writing. Whether you or the Credit Union terminates this Agreement and Disclosure, the termination shall not affect your obligations under this Agreement and Disclosure for any transfers or payments made prior to termination. SEFCU reserves the right to deactivate member access to SEFCU OnLine for those who have not logged into the service for 90 consecutive days or more.

20. INCORPORATION BY REFERENCE - The disclosures, fees and policies set forth in the Funds Availability and Electronic Fund Transfers Regulation “E” Disclosure sections of this Member Benefits Guide, together with any Addendum and Fee Schedule adopted and approved by SEFCU from time to time are incorporated into this agreement by reference. You agree that you have received, understand and accept any additional terms and conditions set forth therein.