Online Banking Services Agreement and Disclosures
DISCLOSURE REQUIRED BY FEDERAL LAW
Please read this all important information before proceeding. Under federal law, you must consent to entering into and receiving the related legal disclosures and agreements electronically before we, Johns Hopkins Federal Credit Union, can provide them to you in this manner. If you later withdraw your consent for electronic delivery, such withdrawal will not void or alter any transactions you have already agreed to electronically.
If you do not want to receive the legal disclosures, agreements, and instructions electronically, you should exit this area of our web site. If you do not consent to receiving an electronic copy of the legal disclosures, agreements and instructions pertaining to online banking, we cannot proceed with your online banking registration at this time. Instead, please visit any of our branches to speak with a customer service representative. If you consent to receive the disclosures, agreements and instructions electronically, you can also request a paper copy of the related legal disclosures, agreements and instructions by contacting us at 410-534-4500 or 800-543-2870. We will not charge you any fees for providing a paper copy of the disclosures, agreements and instructions to you, although we may charge you a reasonable fee if you request multiple paper copies.
- Introduction: This Online Banking Agreement (Agreement) describes your rights and obligations as a user of Johns Hopkins Federal Credit Union’s (JHFCU) Online Banking (Service). By clicking on the Agree button you agree to abide by the terms and conditions set forth in this Agreement and acknowledge your receipt and understanding of the Agreement and the disclosures contained within. In this agreement the words “you” and “your” mean the members who use online banking and any authorized users. The words “Credit Union,” “us,” “we,” and “our” mean JHFCU.
If you use certain features, products or Services available on or through the Service, you will be subject to, and/or required to agree to, separate agreements relating to such features, products or services. Other agreements may include, without limitation, Membership Agreement and Disclosures, Truth in Savings Disclosures, Electronic Funds Transfer Agreement, E-Statement Agreement, Opt In/Opt Out for Overdraft Services and Disclosures, Ca$hPerks Terms and Conditions, MoneyDesktop Disclosures, and Bill Pay Terms and Conditions.
- Consent and Acknowledgement: This consent applies to the Service and any accounts, which you register to use with the Service. You have agreed to accept the disclosures and other information electronically as described above and you accept the following:
- Acknowledging receipt of the Notice and Consent regarding the Service;
- Confirming you are able to access and retain this information provided electronically;
- Consenting to the receipt of the disclosures and other information electronically as described above, and;
- Agreeing to the Terms and Conditions for the Service.
Account: means any one or more share savings, share draft checking, or other deposit or loan account(s) that you have with the Credit Union. Account also means all accounts you access through an ACH transaction, and any account held at other financial institutions with which you have transacted, or have initiated an ACH transaction.
Authorized Person: means, with respect to an individual account, each person who has an interest in or authority to transact business in such account, with respect to each person listed as an authorized signer on the signature card or anyone you authorize access to your online banking account to transact business with respect to such account.
Business Day: is every day except Saturdays, Sundays, and holidays.
Communications: means any periodic statement, year-end tax statement, authorization, agreement, disclosure, notice, or other information related to your Accounts, including but not limited to information that we are required by law to provide to you in writing.
Computer: means your computer, computer system, mobile device, or any other method of access used to access our website and related equipment and software.
Transfers: shall mean any combination of Internal Transfers, Member-to-Member Transfers, External Transfers, and/or Wire Transfers.
Internal Transfers: shall mean monetary transfers between your accounts at the Credit Union.
Cross Account Transfers: shall mean monetary transfers between one of your accounts at the Credit Union and another Credit Union member's account.
Bill Pay Transfers: shall mean payments or transfers to a company or another institution. “Password” or “Access Credential” is the code you create that establishes your connection to the Services.
- Description of Services: Online Banking "Service" or "Services" shall mean all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, through the online banking site including but not limited to: (a) transfer ring funds between accounts; (b) obtaining account balances and certain other information for various accounts that you may have (including, without limitation share savings, share draft checking, or other deposit accounts, and loan accounts); (c) initiating online bill payments or transfers (d) initiating wire transfer requests; (e) initiating stop payment requests; (f) obtaining transaction information on certain accounts; (g) downloading certain account transactions to your computer; (h) viewing online statements; (i) viewing online check images; (j) re-ordering checks; if you have initiated a check order with one of our branches; (k) depositing or withdrawing a check; (l) establishing electronic alerts, applying for a loan or credit card, and n) using the personal financial management/budgeting service. These services shall also be deemed to include any portion of the online banking site and any software used to operate the Services.
The Service is accessible 7 days a week, 24 hours a day. However, from time to time and at any time, some or all of the Services may not be available due to system maintenance, or for other reasons. Certain features, information, types of transactions or other services available while using the Services are only available for certain accounts and may not be available when accessing the Services via mobile device or for all of your accounts. Additional agreements may be required prior to accessing certain offered features.
- Computer Equipment and Software: You will need computer hardware and software sufficient to enable you to access the Internet. You will need to have a reliable Internet service provider and a browser that is SSL compliant with a minimum of 128-bit encryption and that is currently supported by the browser developer. Outdated versions of browsers or hardware, including mobile/tablet operating systems will not be supported by JHFCU’s Online Banking service. You are responsible for the installation, maintenance, security and operation of the computer and browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate and/or update the computer and software properly. We are not responsible for any loss, damage or injury, whether caused by your equipment or software, the Services, or any technical or editorial errors contained in or omissions from any user guide related to the Services. We will not be responsible for any direct, indirect, special or consequential damages arising in any way out of the installation, use or maintenance of your equipment, software or the services, except where the law requires a different standard.
By using the Service, you agree to maintain current antivirus and firewall software on your computer and to promptly install the latest security patches provided by your computer manufacturer, operating system and key applications.
If we make additional security services and features available to you, you agree that you will utilize these services and features and that by not using such security services and features you are not exercising reasonable care. If you decline to utilize these services and features, we reserve the right to limit your access to the Service. In addition, you understand and agree that, to the extent permitted by applicable law, you will be solely responsible for any losses which could have been prevented had you used the additional security services and features.
- Unavailable, Delayed, or Inaccurate Account Information: JHFCU strives to provide complete, accurate, and timely account information through the Service. However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed, or inaccurate. With respect to electronic funds transfer problems; such as unauthorized transfers or JHFCU’s failure to properly complete authorized transfers, the extent of our liability is described in this Agreement.
- Security of Access Credentials: Your access credentials are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your online banking credentials. You agree not to disclose or otherwise make your online banking credentials available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your access credentials, you understand that person may use the Services to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access credentials and you agree that the use of your access credentials will have the same effect as your signature authorizing transactions.
If you authorize anyone to use your access credentials in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your access credentials immediately. You are responsible for any transactions made by such persons until you: 1. notify us that transactions and access by that person are no longer authorized and; 2. your access credentials are changed. If you fail to maintain or change the security of these access credentials and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately. You will be responsible for any loss sustained by the Credit Union as a result of your failure to maintain or change your access credentials.
- Your Liability for Unauthorized Transfers: If you tell us within 2 Business Days after you first discover your password or other means to access your account has been lost or stolen, you can lose no more than $50.00 should someone access your account without your permission. If you do not tell us within 2 Business Days after you first learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you will be liable for as much as $500.00. If your monthly statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within 60 days after the statement was sent to you, you may lose any amount transferred without your authorization after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we may extend the period.
- Enrollment in Services; Accounts Which Can Be Accessed: By enrolling in the Services, you authorize us to process transactions for you as requested by you from time to time, and you authorize us to post transactions to your account(s) as directed. You further authorize us to make automatic payments in such manner as you direct.
- Electronic Instructions: You agree that all electronic instructions that we receive on the online banking site or otherwise in connection with the Services, such as those directing us to take action with respect to your account will be deemed valid, authentic, and binding obligations. Pursuant to law and regulations, these electronic instructions therefore will be given the same legal effect as your written and signed paper instructions, shall be considered writing or in writing and shall be deemed for all purposes (i) to have been signed and (ii) to constitute an original when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such instructions or any related transactions, absent proof of altered data or tampering, under provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.
You agree to indemnify, defend and hold harmless JHFCU, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all losses JHFCU sustains, third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees, litigation expenses and costs) arising out of or in any way connected to your use of the Services, including E Statement services if applicable, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms of this Agreement or your infringement, or infringement by any other user of your JHFCU account, of any intellectual property or other right of any person or entity.
BECAUSE E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET, WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL. PLEASE BE AWARE YOU CANNOT USE E-MAIL TO INITIATE TRANSACTIONS ON YOUR ACCOUNT(S).
- Bill Payment Service: The Bill Payment Service permits you to use your Internet enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a share draft checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.
All payments you make will be deducted from the share draft checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
You may choose to schedule payments to recur in the same amount at the regular payment intervals permitted under the Online Bill Payment Service. When you create a new payee in the Bill Payment Service, it takes 2 business days to set up the payee to receive payments. You should schedule a payment to a new payee at least 10 business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.
For all subsequent payments, you agree to allow at least 5 to 10 business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it may take up to 5 business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to 10 business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Credit Union will work with the payee on your behalf to reverse any late fees or charges.
The Credit Union is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Credit Union will not be liable in any way for damages you incur for any of the following reasons:
- insufficient funds in your Bill Payment Account to make the payment on the processing date;
- delays in mail delivery;
- changes to the payee's address or account number unless we've been advised of the change sufficiently in advance
- the failure of any payee to correctly account for or credit the payment in a timely manner, or
- any other circumstances beyond the control of the Credit Union.
Johns Hopkins Federal Credit Union is under no obligation to notify you if it does not complete a transfer because there are insufficient funds in your account to process a transaction. With respect to any negative balance caused by honoring either a paper or electronic payment, you agree to reimburse us, for any funds we have already paid to one or more of your designated merchants or financial institution which we were unable to recover by debit to the merchant or financial institution. You agree that we may impress and enforce a statutory lien upon your accounts with us to the extent you owe us any money and we may enforce our right to do so without further notice to you. We have the right to set-off any of your money or property in our possession against any amount you owe us. The right of set-off and our impressed lien does not extend to any Keogh, IRA, or similar tax deferred deposit you may have with us. If your account is owned jointly, our right of set-off and our impressed lien extends to any amount owed to us by any of the joint owners. You agree to pay us all reasonable fees, including without limitation, all attorneys’ fees and all costs incurred in our efforts to collect the amounts you owe the Credit Union hereunder.
In the event that you do not comply with the terms and conditions set forth in this Agreement, or in the event that your payment instruction is not made in time for us to process your payment prior to the due date required by a particular merchant or financial institution, you will be liable for all penalties and late fees imposed, and we will not be liable for any such penalties or fees. Without limiting the foregoing, JHFCU shall also not be liable for late charges, interest, penalties, or other amounts incurred by you or any for any failure to allow sufficient time for processing and delivery of any deposits or payment(s) so long as JHFCU has complied with the provisions of this Agreement. Unless otherwise required by law, the Credit Union will not be liable to you under any circumstances for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. We reserve the right to refuse to make any payment.
- Payment Cancellation Requests: 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 the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, and therefore in such case a stop payment request must be submitted.
- Stop Payment Requests: You may request JHFCU to stop a written draft or an ACH debit on your account. You understand if an item is presented and does not exactly match the information you provide on this form it may be paid or returned according to JHFCU policies and procedures. If the item is presented in a different method than you have indicated, the item may still be paid with no liability to the Credit Union. You also understand JHFCU will not be responsible for stopping payment unless your request is received by the Credit Union within a reasonable time for the Credit Union to act on your order prior to a final payment or similar action; or at least three business days before the scheduled date of the ACH. The Credit Union’s liability shall not, in any event, exceed the amount of the draft or ACH debit. You agree to reimburse the Credit Union for any loss it sustains in honoring this request. If you wish to cancel this request it must be received in writing. Please be advised certain ACH items are not allowed to have stop payments placed. The Credit Union will not be liable if a stop payment for an ACH item which is later determined to be a force paid item. For drafts, the stops are searched by draft number and amount. For ACH items, the stops are searched by amount and/or payee (only if the same item has been paid previously).
- Alerts: Online banking offers opt-in alerts via email, text, and push notification in the mobile app for your convenience. You will be asked to provide contact information when you sign up for the alert. By signing up to receive any opt-in alerts, you represent and warrant to us that the e-mail addresses and/or mobile phone numbers you provide are owned by you or authorized by the rightful owner to be used by you. You consent to delivery of such opt-in alerts, in the format selected, to the e-mail addresses you identify or provide. You are responsible for maintaining any changes to your e-mail addresses or mobile number to which alerts are sent. To stop receiving any optional alerts, log into online banking and in the Alerts section select the alert you would like to delete.
Alerts may contain information about your accounts. Information, including but not limited to, account balances and payment due dates may be included in the alert, depending on the specific type of alert or how you configure it. Anyone with access to your e-mail may be able to access the contents of alerts. It is your responsibility to secure these devices, protect your Online Banking ID and password, and provide timely information about e-mail or phone number contact changes in order to protect the confidentiality of this information. You consent to any disclosures by us which may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.
The Credit Union endeavors to provide alerts in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any alerts. Alert balances will not reflect pending transactions. If you require additional details about a transaction you can log into online banking or call us at 1-800-543-2870. You agree that Credit Union shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of any alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Transfers: Online transfers include (i) internal transfers, (ii) cross account transfers, (iii) bill-pay transfers and (iv) external account transfers . Funds transfers are subject to this Agreement and your JHFCU Membership Agreement and Disclosures.
We reserve the right to refuse or cancel a transfer. We are obligated to notify you promptly if we decide to refuse or cancel any transfer request that complies with these terms and conditions. However, we are not obligated to provide notification of your transfer being refused or cancelled if you attempt to make transfers that are prohibited under this agreement, any additional agreement affecting your terms of your account(s), or federal and state law.
We reserve the right to impose a limit to the dollar amount of transfers and/or a limit to the total number of transfers that may be requested. We reserve the right to place a hold on any funds prior to debiting your funding account for the transfer amount. You are required to have sufficient funds available in the funding account of any transfer request(s) by the opening of business the day the transfer is to be processed.
In the event that a debit to any of your accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited account as set forth above, we reserve the right, and you shall authorize us, to debit any of your internal accounts (including accounts upon which you are listed as joint account holder) to the extent necessary to offset any resulting deficiency. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited you authorize us to debit the credited account or the debited account in either the same dollar amount as the original funds transfer or a portion of the debit. If we are unable to recover from you, then the recovery process set forth in the Membership Agreement and Disclosures will apply. You will also be held responsible for any additional fees charged in accordance with our Fee Schedule.
When you schedule any type of transfer or recurring transfer for a future date using the Service, it must be properly submitted at least one (1) calendar day prior to the desired processing date.
All scheduled or recurring Bill Payment transfers for a future date will only be processed on Business Days. If the future date for processing a Bill Payment is not a Business Day, the transfer will be processed on the next Business Day following the scheduled date. All scheduled or recurring internal account or cross-account transfers for a future date will be processed on Calendar Days, including weekends and holidays.
With respect to ACH transactions, if you receive credit for the completion of a transfer but there are/were insufficient funds available in your account and/or the debit to your account is returned for any reason you understand and agree that you are responsible for reimbursing us for the amount of the transfer, along with any additional fees in accordance with our Fee Schedule. You further understand that any and all ACH transactions processed by us are purely at our discretion and that the payment by us under these circumstances in no way obligates us to pay the same or similar bills in the future. ACH payments are governed by the rules of the National Automated Clearing House Association.
- Wire Transfer Requests: THESE ARE THE TERMS AND CONDITIONS WHENEVER YOU REQUEST A TRANSFER OF FUNDS FROM YOUR ACCOUNT(S) WITH US BASED UPON YOUR WRITTEN REQUEST. WE WILL PROVIDE WIRE TRANSFER SERVICES AS A MEANS TO INITIATE DOMESTIC AND INTERNATIONAL TRANSFERS FOR YOU, SUBJECT TO THE TERMS OF THIS AGREEMENT, WHICH YOU AGREED TO BY SIGNING YOUR APPLICATION FOR MEMBERSHIP WITH US AT THE TIME THAT YOUR ACCOUNT WAS ESTABLISHED.
- We are authorized to charge your Account for the payment of wire transfer requests. If more than one Account(s) is designated, we may charge any of the designated Accounts unless you give us specific written directions otherwise and there are sufficient funds available in the account you designate. Your transfer requests may involve the transfer of funds from any of your designated Accounts with us to another account you have with us, to any other financial institution, or to a third party or account of a third party maintained with us or any other financial institution. There are no restrictions or limitations on the amounts which may be ordered or requested, or on the location or address of the beneficiary of a transfer unless you give us written instructions to the contrary.
- The party(ies) named in your application for membership are the Authorized Persons who may issue payment orders to us for the initiation of wire transfers or receive telephone calls from us, in accordance with this Agreement, for the purpose of confirming payment orders for the initiation of wire transfers for any Account designated in your application for membership. For confirmation purposes, we may call any party designated in your application for membership. If more than one Authorized Person is named, anyone of them may issue payment orders on any designated Account.
- Wire transfer requests must be given to us in compliance with our cut-off hours, as established from time to time by us. We are not responsible for the accuracy of a routing number that you supply verbally and which is contained in your wire transfer request. Wire transfer requests received by us after our cut-off hours may be treated as if received on the following business day.
- We have no obligation to accept or execute any wire transfer request. We will provide you telephonic notice of rejection. If we are unable to reach you by telephone, we may, at our option, give you notice of rejection in writing electronically.
- If we accept a wire transfer request consistent with this Agreement, you agree that any such transfer requests that we receive are effective as your transfer request, whether or not authorized.
- You will have no right to cancel or amend a payment order to initiate a wire transfer after we receive it. We will make a reasonable effort to act on a cancellation or amendment of a payment order made by you prior to the time that we execute such payment order, but we have no liability if your cancellation or amendment is ineffective.
- You agree to re-execute this Agreement or to execute a new agreement if changes are necessary. Your application for membership designates any Account which may be charged in relation to wire transfer requests. All parties that you have authorized to issue wire transfer requests or to receive telephonic confirmations from us are identified in your application for membership. All modifications or additions to your application for membership must be in writing.
- You agree to pay us the amount of any transfer request that we transmit pursuant to this Agreement when we execute a payment order to carry out your wire transfer request. You will not make any wire transfer request that would cause you to exceed the available balance in the Account designated to pay the transfer request. If a payment order is executed that creates an overdraft, with or without our prior consent, you agree to pay us the overdraft amount and any overdraft fee immediately upon our demand. We have the right to set-off the amount of any overdraft against the balance in any of your accounts with us, and we may exercise any rights we have under any agreements that grant us security for the payment of your liabilities or obligations to us, including, but not limited to, the right to freeze your account and enforce our statutory lien.
- You understand and agree that the payment of a wire transfer request may be made by us, or any other financial institution used to carry out the transfer request, on the basis of an identifying or account number that you have provided for a beneficiary, even if the number identifies a person different from your intended beneficiary. You also understand and agree that we, or any other financial institution used to carry out a transfer request, may rely on the identifying number of the intermediary or beneficiary's financial institution that you have provided as the property identification of the intermediary or beneficiary's financial institution, even if the number identifies a financial institution different from the one you intended to identify. We or any other financial institution are not responsible for determining whether any identifying or account numbers you have provided to initiate a wire transfer are accurate. You will be liable to us for the amount of any transfer request, even if payment of the transfer request is made to a person different from the named beneficiary, based upon the beneficiary's identifying or account number provided by you, or payment of the transfer request is made to a financial institution different from the one identified by name, based on the identifying number which you have provided to us.
- You agree to examine any statement or confirmation that we provide you and notify us within 60 days after the mailing date on any statement or confirmation, of any discrepancy or error. If you fail to notify us of any discrepancy or error within the required time period, you agree that we are not liable to pay interest or reimburse you for any discrepancy or error in relation to a transfer request described in such statement or confirmation.
- You and the Credit Union agree that the following specified security procedures represent a commercially reasonable method of providing security against unauthorized payment orders:
- Only individuals named in your application for membership shall issue wire transfer requests to us; and
o We reserve the right to telephonically contact any individual named in your application for membership for the purpose of confirming a transfer request, regardless of amount, although we have no obligation to do so. If we cannot obtain a confirmation satisfactory to us, then we reserve the right to refuse to honor any wire transfer request.
- We have no responsibility to verify the identity of any party identifying themselves as an individual authorized to receive a telephonic confirmation of any wire transfer request, other than to verify that the name given by such party corresponds to a party named in your application for membership. If, for any reason, we are not satisfied that a wire transfer request was issued or confirmed by an authorized party, we may refuse to execute the transfer request. If we do so, we shall not incur any liability of any nature. You agree to prevent disclosure, other than on a need-to-know basis, of any of the aspects of the security procedures that you have agreed to with us. You will notify us immediately if you believe the confidentiality of the security procedures has been compromised, and you shall act to prevent the security procedures from being further compromised.
- Only individuals named in your application for membership shall issue wire transfer requests to us; and
- We have no liability of any nature for delays or mistakes, provided we act in good faith and with reasonable care. We are not responsible for delays or mistakes caused by other parties through whom we transmit funds, whether such other parties were selected by you or us. We are not required to make a wire transfer on the day a wire transfer request is received, unless the wire transfer request is received within a reasonable time before any cut-off hour we have established. We will generally use the funds transfer system, but we may use any means and routes that we, in our sale discretion, consider suitable for the transmission of funds.
- You agree that we have no liability and are not responsible for any delay or failure to transfer any amount specified in any wire transfer request because of rules, regulations, or policies of the Federal Reserve Board which limits, in the aggregate, the amount we can transfer from time to time during any business day, provided, however, that we will promptly notify you of any such failure or delay and effectuate the transfer as soon as is reasonably possible.
- This Agreement is governed by the provisions of Regulation J, 12 CFR Part 210, Subpart B, including the Appendices, to the extent that any wire transfer request is carried out. Terms that are not defined in this Agreement shall have the same meaning as defined in the Uniform Commercial Code Article 4A. This Agreement is also subject to all applicable Operating Circulars of the Federal Reserve Bank in the district in which we are located and any other applicable provisions of federal or state law. To the extent that Regulation J does not apply to this Agreement, this Agreement shall be governed by the laws of the state in which we are chartered.
- Special Rules for International Transfers
- Once an international transfer has been sent, it cannot be cancelled or amended. You may request an international transfer be recalled, and we will communicate your request to the beneficiary's bank. If the beneficiary's bank agrees to return the funds to us, then upon confirmation of receipt of funds in our account, we will credit your account at the current retail buy rate for that currency that day (see below). Please note that the exchange rate will be different from the original rate applicable to the Outbound transfer, which may result in a loss to you. Furthermore, the beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you. We will have no liability to you if the beneficiary's bank or foreign beneficiary refuses your request to recall the international wire transfer.
- If an international transfer is returned by the receiving bank or beneficiary's bank for no fault of ours, we will credit your account at the current retail buy rate for the currency that day (see below). Please note that the exchange rate will be different from the original rate applicable to the Outbound transfer, which may result in a loss to you. Furthermore, a returning bank and/or beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you.
- The exchange rate that Credit Union will offer you or assign to your transaction is determined by Credit Union based upon market conditions. We consider many factors in setting our exchange rates including without limitation exchange rates charged by other parties, desired rates of return, market risk and credit risk. You acknowledge that exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter-bank transactions effected during the business day as reported in the The Wall Street Journal or elsewhere. Exchange rates offered by other dealers, or shown at other sources (including online sources) may be different from Credit Union's rates. We do not accept any liability if our rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media (banknotes, check, wire transfer etc.)
- Ca$hPerks Terms and Conditions: These Terms and Conditions govern the Johns Hopkins Federal Credit Union Ca$hPerks program. Your click accepting these Ca$hPerks Terms and Conditions or requesting to "View Offers", your participation in Ca$hPerks, or your acceptance, redemption, or receipt of any offer or reward made available in connection with Ca$hPerks, constitutes your acceptance of and agreement to these Ca$hPerks Terms and Conditions. We may amend these Ca$hPerks Terms and Conditions from time to time, and any subsequent use of Ca$hPerks constitutes your acceptance of any amendment.
Details on Ca$hPerks and instructions on how to use the program are shown in Johns Hopkins Federal Credit Union's online banking Ca$hPerks pages.
Only the Johns Hopkins Federal Credit Union debit card(s) associated with an eligible checking account are eligible for use with Ca$hPerks. Ca$hPerks rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types. Johns Hopkins Federal Credit Union reserves the exclusive and absolute right to determine card eligibility. If you are unsure whether your card qualifies for Ca$hPerks, please contact the Credit Union.
To qualify for Ca$hPerks rewards, your purchase must be made as specified in the Ca$hPerks offer. To qualify, a purchase must comply with offer specifications, such as where the purchase can be made (e.g., online, at a store location, by telephone, etc.), expiration dates, minimum purchase amounts, purchase limits, and other applicable conditions. You must pay for the purchase using your eligible debit card.
While we and the merchants work hard to properly track and credit all qualifying purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact the Ca$hPerks support team if you believe you have made a qualifying purchase for which you did not receive Ca$hPerks rewards. We will try to help with correct tracking and crediting but we are not obligated to deliver on the offer.
Ca$hPerk credits earned are typically credited the month after the purchase for the qualifying offer has been made. We will make every effort to credit your account the following month, but if the merchant’s system or other circumstances with matching the purchase occur, the credit may be delayed.
All Ca$hPerks offers and rewards are provided by participating merchants, not by Johns Hopkins Federal Credit Union. You acknowledge and agree that the merchants are solely responsible for setting the specifications for a qualifying Ca$hPerks purchase, and you are solely responsible for complying with such specifications to receive Ca$hPerks rewards. The merchants are solely responsible for the content and offers presented through Ca$hPerks. Johns Hopkins Federal Credit Union makes no guarantees, warranties or promises of any kind and we shall have no liability as to the currency or accuracy of Ca$hPerks offer information nor any responsibility for merchant fulfillment of any offer. Participating merchants are subject to change at any time and from time to time. We are not responsible for the failure of a merchant to honor an offer or provide a reward. Unaccepted, unactivated, or unredeemed Ca$hPerks offers may be withdrawn at any time by the offering merchant. Offers may not necessarily be repeated or re-offered, notwithstanding any conduct or purchasing activity on your part. If your checking account is closed for any reason prior to the crediting of any earned Ca$hPerks reward, such reward will be forfeited in its entirety, and neither we nor the merchant shall have any liability to you.
Participating merchants are not affiliated with Johns Hopkins Federal Credit Union or with any of our affiliated companies. We do not make, and we hereby disclaim, any representation, warranty, or endorsement with respect to: any and all participating merchants and their respective goods and services; fulfillment of any transaction between you and a merchant; any merchant's compliance with its Ca$hPerks offer, commitment, promotion, incentive, or reward of any kind; and any merchant's policy positions or business practices. Any merchandise returns must be made to the merchant, not to or through us. If you have any claim against or dispute with any merchant concerning goods or services purchased from them, you agree that: you must resolve such claim or dispute directly with the merchant; we shall have no liability whatsoever arising out of such claim or dispute; and you will not involve us in such claim or dispute.
Ca$hPerks is offered at our sole discretion, and we have no obligation to continue Ca$hPerks or to make Ca$hPerks available at or during any particular time, or at all. We reserve the right to amend, cancel, change, discontinue, or suspend Ca$hPerks, in whole or in part, at any time in our discretion and without notice to you, and any such action shall be effective as of the time we determine.
You agree that any Ca$hPerks notice, including (without limitation) any notice of a change in terms, may be provided to you electronically by posting on our website, sending it via email, or sending you an email notifying you that it is available on our website. Any notices sent by email will be sent to your email address on record with us. It is your responsibility to keep your email address updated with us. It shall be your responsibility to periodically review the Ca$hPerks Terms and Conditions at our website to stay aware of the most current Terms and Conditions. We may also send you any Ca$hPerks notices (or copies of them) on paper, any time in our discretion.
All terms, conditions, and agreements governing your Johns Hopkins Federal Credit Union membership, accounts and services remain in full force and effect, and are not in any way conditioned on the availability or operation of the Ca$hPerks program.
You will be solely responsible for any taxes resulting from any Ca$hPerks rewards. You are also solely responsible for any fees or charges associated with claiming any Ca$hPerks offer or reward. The program is void where prohibited by law, and we shall have no liability whatsoever in the event any applicable law restricts or invalidates any Ca$hPerks offer or reward.
Your participation in Ca$hPerks is strictly voluntary and you may decline to participate at any time, by simply not clicking on a "View Offers" link. We shall have no liability for, and you hereby absolutely and unconditionally release and discharge us (including our and our affiliates' officers, directors, agents, representatives and employees) from any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, attorneys' fees, costs and any type of litigation costs or expenses) arising from or related in any way to (i) the Ca$hPerks program, (ii) any participating merchant's performance or non-performance of any program obligations (including without limitation, fulfillment of any offer or reward), (iii) any goods or services obtained by you from a participating merchant, and (iv) any act or omission by a participating merchant in connection with any transaction between you and such merchant. In the event you are dissatisfied or aggrieved in any way with respect to Ca$hPerks, your sole and exclusive remedy as between you and us shall be to decline further participation in the program.
We may provide links from our website to third party websites, such as participating merchants' websites or others , in connection with Ca$hPerks. We do not own, operate, control or maintain such third party websites, and any links to such websites are provided strictly for convenience. If you click a link for a third party website, you will be leaving our website and navigating to the third party website. We do not control nor are we responsible for the content of any third party website; we do not endorse or guarantee any products, services, information, or recommendations provided by or through any third party website; and we are not liable in any way for any products or services shown on or provided by or through any third party website. Third party website privacy, information-sharing and security policies and procedures are separate and distinct from ours, so please be aware that a third party website may not be as secure as ours.
These Ca$hPerks Terms and Conditions constitute the current, valid agreement between you and us with respect to Ca$hPerks and your participation in the program. These Ca$hPerks Terms and Conditions replace and supersede all prior versions and any other rewards program that Ca$hPerks has replaced. Any frequently-asked-questions and other Ca$hPerks information is published on our website (collectively, "FAQs") are incorporated by reference and made a part of these Ca$hPerks Terms and Conditions; provided, however, that in any conflict between FAQs and these Ca$hPerks Terms and Conditions, these Terms and Conditions shall control. These Ca$hPerks Terms and Conditions shall be governed by the laws of the State of Maryland unless preempted by the laws and regulations of the United States of America, without regard to any conflicts of law principles that would choose another state's law. No delay or omission on our part shall impair any right or remedy available to us or be construed as a waiver of any right or remedy; nor shall any single or partial exercise of a right or remedy preclude full exercise thereof or the future exercise of that or any other right or remedy. No waiver shall be valid unless in writing and signed by our authorized representative. A waiver of any right or remedy on any one occasion shall not be construed as a bar or waiver for future occasions. We shall have sole and absolute authority in interpreting and administering Ca$hPerks and these Terms and Conditions, and our decision on any such matter shall be binding on you. If any provision of these Ca$hPerks Terms and Conditions is found by a court or arbitrator to be invalid, you and we hereby authorize the court or arbitrator to endeavor to give effect to the parties' intentions as reflected in the provision, and if such a construction is not reasonably possible, such provision shall be severed from these Ca$hPerks Terms and Conditions, and all other provisions shall remain in full force and effect.
- Liability for Failure to Complete Transactions: If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We will not be liable for the failure of a transfer in the following instances:
- If though no fault of ours, you do not have enough money in your account to make the transfer.
- If the circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with Credit Union policy.
- If your funds are subject to levy, garnishment, or other legal process or other encumbrance restricting the transfer.
- If your transfer authorization terminates by operation of the law.
- If you know or should have known that someone has accessed your accounts without your permission and you fail to notify us immediately.
- If you have not properly followed the scheduling instructions on how to make a transfer included in this agreement.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that unauthorized use of your Password, Access Credentials or account has occurred or if you default under this Agreement, the Membership Agreement, a credit agreement or any other agreement with us, or if we or you terminate this agreement.
EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN APPLICABLE STATUTE OR REGULATION, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JHFCU OR ITS EMPLOYEES WILL CREATE ANY WARRANTY. YOU ASSUME RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESSES THE SAME AT YOUR OWN RISK. JHFCU WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR ATTORNEYS’ FEES RELATING TO THE SERVICES OR THIS AGREEMENT EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATION, FOR ANY DAMAGES NOT LIMITED BY THE PRECEDING SENTENCE, YOUR EXCLUSIVE REMEDIES WILL BE LIMITED TO THOSE PROVIDED EXPRESSLY IN APPLICABLE STATUTE OR REGULATION AND ANY LATE FEES IMPOSED ON YOU BY A THIRD PARTY, BUT ONLY TO THE EXTENT THAT SUCH LATE FEE IS IMPOSED SOLELY DUE TO OUR FAILURE TO COMPLETE THE TRANSACTION .
We will assist you with reasonable efforts in taking appropriate corrective action to re-process the transactions that may not have been completed, or to correct incorrect transactions that have been processed.
- Fees and Charges: Except as provided herein, we do not at this time charge any enrollment fees, recurring usage fees or any other fees for your use of the Services. However we do charge fees in certain limited circumstances that may arise in connection with your use of the Services (including, without limitation, if you request a re-order checks) as further set forth in our Fee Schedule.
Notwithstanding the foregoing, fees are subject to change, and we may impose additional charges, penalties or fees in connection with your use of the Services at any time, subject to the terms hereof. You agree to be responsible for any telephone or mobile device carrier charges and/or internet service fees you incur while using the Services and any amounts we are charged as a result your or any Authorized Person's improper use of the Services or breach of your agreements with us.
- Transfers from a Share Savings or Money Market Account: Federal regulations and the Membership Agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of 6 automatic or preauthorized transfers, telephone transfers, or Online Banking transfers or payments from a savings or money market deposit account each monthly statement cycle.
- Disclosure of Account Information to Third Parties: It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a credit bureau or payee;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us permission.
- Your Responsibilities and Liabilities: It is your sole responsibility to ensure that the contact information in your online banking user profile is current and accurate. This contact information includes but is not limited to name, addresses, phone numbers, e-mail addresses, and account numbers. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.
- No Illegal Use of Services: You agree not to use the Services to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Services. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law.
- Billing Errors and Questions: In case of errors or questions about your transactions, 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:
Fax: (410) 342-1165
Or write to:
Johns Hopkins Federal Credit Union
2027 East Monument Street
Baltimore, MD 21205
- 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 and the date upon which it occurred.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will tell you the results of our investigation within three (3) business days after completing it. 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 provisional credit was made and we decide no error was made, we will reverse the provisional credit and notify you.
*An account is considered new if the electronic transfer occurs within the first 30 days after the account is opened.
- Amendments: This Agreement, applicable fees and service charges may be amended by the Credit Union from time to time. In such event, we will notify you of any changes by delivering a notice of the modifications to you electronically or by sending you an electronic mail message (email). The revised terms and conditions will be effective as of the date indicated in such notice. We may not give you prior notice when an immediate change is necessary to maintain or restore the security of our system. Any use of the Service after the Credit Union provides you a notice of change will constitute your agreement to such change(s). Further, the Credit Union may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. We reserve the right to terminate this Agreement and your use of the Services, in whole or in part, at any time.
- Termination: We reserve the right to terminate this agreement and your access to the Services, in whole or in part, at any time for any reason. If any of your share draft checking , share savings, or other deposit accounts is closed due to insufficient funds or for any other reason we reserve the right to deactivate or terminate your access to the service.
If you wish to terminate your ability to use online banking or the Services as a whole please call us at 1-800-543-2870 or send us cancellation instructions in writing to Johns Hopkins Federal Credit Union 2027 East Monument Street, Baltimore MD 21205. If you wish to reinstate your access to online banking or the Services as a whole following any such termination please call us at 1-800-543-2870. Please note that we reserve the right to not reinstate such Services as we determine in our sole discretion. You authorize the Credit Union to continue making those transfers and payments you or your Authorized Persons had scheduled or paid for prior to termination.
- Information Authorization: Your enrollment in the Service may not be fulfilled if the Credit Union cannot verify your identity or other necessary information.
- Other General Terms:
- Other Agreements: In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to your relationship with Johns Hopkins Federal Credit Union, as described in your Membership Agreement and Disclosures, prior receipt of which you acknowledge.
- Severability: In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable as a result of such ruling or holding and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the agreement.
- Enforcement: You agree to be liable to the Credit Union for any liability, loss, or expense, including, but not limited to reasonable attorneys’ fees, 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. This Agreement shall be governed by and construed under the laws for the state of Maryland unless preempted by the laws and regulations of the United States of America.