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Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the
Online Banking Service. It also describes the rights and obligations of
Union Savings Bank. Please read this Agreement carefully. As an
authorized account holder you must abide by the terms and conditions of
this agreement, and those provided to you at account opening, in order
to use this Service.
CUSTOMER DISCLOSURE AND AGREEMENT
TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging
your receipt of the information listed below, (2) agreeing that any
contract you enter into with Union Savings Bank for the provision of
certain Online Banking Services, may be in electronic form, and (3)
agreeing that certain information that may be delivered in connection
with the Service may also be in electronic form.
You are also acknowledging receipt of the following information and
agree that:
- We may provide you with this Agreement and any revisions and
amendments thereto in electronic form, and that, if you choose to
accept the Agreement, you are consenting to enter into and are
entering into an agreement electronically that will govern all
future transactions you conduct using the Service.
- We may provide you revisions and amendments to the Agreement and
such other information, including but not limited to information
under Regulation E and under other applicable banking or financial
services laws or regulations in connection with the Service,
electronically as a part of the Agreement or otherwise as a part of
the Service. While you may print and retain a copy of the Agreement
or any information provided to you in relation to the Service, we
only provide these documents electronically.
- You have a right at any time to withdraw, without service
charges, your consent to receive information electronically.
However, because the Agreement and the Information are provided only
in electronic format, your withdrawal of consent will terminate the
Service.
- If you wish to withdraw consent to receive information
electronically, to terminate the Service, or to update your
information such as a change of address, or email address, you may
call Union Savings Bank at (505) 341-5200, or write a letter and
send it to:
Union Savings Bank
Attention: Online Banking Department
1500 Mercantile Ave NE
Albuquerque, NM 87107
- You are able to access information that is provided in the same
manner as the information and the Service via the Internet.
DEFINITIONS
The following definitions apply in this Agreement.
"Online Banking" is the Internet-based service providing access
to your account(s) under the terms set forth in this Internet Banking
Terms and Conditions Agreement
"Online Account" is a Union Savings Bank account from which you
will be conducting transactions using a Service.
"Business Day" refers to Monday through Friday, excluding
holidays as determined by Union Savings Bank. All Online transaction
requests received after 7:00 p.m. EST, or on a non-Business Day, will be
processed immediately, but will not appear in the online history until
the following Business Day.
"Password" is a series of numbers and/or letters that you select
after the initial sign-on, that establishes your connection to the
Service. Union Savings Bank will provide you with a code for use during
the initial sign-on process.
"Time of day" references are to Eastern Standard Time.
"We," "us" "our" or "Union Savings Bank" refer to Union
Savings Bank, which offers the Service provided under this Agreement and
holds the accounts accessed by the Service.
ACCESS TO SERVICES
Union Savings Bank will provide online instructions describing how to
use the Online Banking Service. To gain access to this Service you will
need your Access ID and your Password.
HOURS OF OPERATION
The Service is generally available 24 hours-a-day, 7 days a week, except
during special maintenance and upgrade periods, which routinely are
scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.
USE OF YOUR SECURITY PASSWORD
The safety of our customers' accounts and account information is of
paramount importance to Union Savings Bank. We go through great lengths
to protect confidentiality and the security of your account, and urge
you to do the same. You agree not to allow anyone to gain access to the
Service or to let anyone know your Password used with the Service. You
agree to assume responsibility for all transactions initiated through
the Service with your Union Savings Bank User-ID, up to the limits
allowed by applicable law. While Union Savings Bank continues to provide
our customers with the level of online security we believe necessary and
appropriate, customers who share their User-IDs and Passwords are giving
up the full benefit of our security measures and legal protections to
which they may be entitled. No Union Savings Bank representative will
ever call and ask for your Access ID or User Password.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call Union Savings Bank
immediately at (505) 341-5200, between 9:00 a.m. and 5:00 p.m., Monday
through Thursday or between 9:00 a.m. and 6:00 p.m. on Friday.
Telephoning Union Savings Bank is the best way of minimizing your
losses. You may also restore the security of your Service by immediately
changing your Password. If you believe your Password has been lost or
stolen and you notify us within two Business Days after you learn of the
loss or theft, you can lose no more than $50.00 if someone uses your
Password to conduct unauthorized electronic funds transfers without your
permission. If you do NOT notify us within two Business Days after you
learn of the loss or theft of your Password, and we can prove we could
have stopped someone from using your Password to conduct unauthorized
electronic funds transfers without your permission if you had told us,
you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ONLINE BANKING
In addition to viewing account information, you may use Online Banking
to conduct the following transactions:
- Transfer funds among your linked checking, savings, money
market, loan and line of credit accounts.
NOTE: Because regulations require Union Savings Bank to limit
pre-authorized transfers (including Online Banking transfers), the
following limitations apply:
- Statement Savings Account-- You can make no more than six (6)
transfers per statement period by pre-authorized or automatic
transfer, or by telephone or Online Banking.
- Money Market Account-- You can make no more than six (6)
transfers per statement period by pre-authorized or automatic
transfer or by telephone or Online Banking, and no more than three
(3) of these may be by check, draft or debit card.
New services may be introduced for Online Banking from time to time.
Union Savings Bank will notify you of the existence of these new
services. By using these services when they become available, you agree
to be bound by the rules that will be made available to you concerning
these services.
STATEMENTS
You will continue to receive your regular account statement either
monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Union
Savings Bank immediately at (505) 341-5200, or write a letter and send
it to:
Union Savings Bank
Attention: Online Banking Department
1500 Mercantile Ave NE
Albuquerque, NM 87107
If you do not notify Union Savings Bank within sixty (60) days after the
statement was mailed to you, you may not recover any money lost after
the sixty (60) days which would not have been lost if Union Savings Bank
had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking transaction,
you may call Union Savings Bank at (505) 341-5200, or write a letter and
send it to:
Union Savings Bank
Attention: Online Banking Department
1500 Mercantile Ave NE
Albuquerque, NM 87107
We must hear from you at the specified telephone number or address no
later than sixty (60) calendar days after we sent you the first
statement on which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question, and an
explanation concerning why you believe it is an error or need more
information.
- The dollar amount of the suspected error
- The date on which it occurred.
If the report is made orally, we may require that you send the
complaint or question in writing within ten (10) Business Days from your
initial contact. We will notify you with the results of the
investigation within ten (10) Business Days after you contact us and
will correct any error promptly. If more time is needed, however, we
may, at our sole discretion, take up to forty-five (45) calendar days to
investigate a complaint or question. If this occurs, we will credit your
account within ten (10) Business Days for the amount you think is in
error. This will allow you to use the money during the time it takes us
to complete our investigation. If your complaint or question is not
received in writing within ten (10) Business Days from your original
contact, we may not credit your account until the investigation is
completed.
If your notice of error concerns a transaction that occurred during the
first 30 days after the first deposit to the account was made, the
applicable time periods are 20 Business Days in place of 10 Business
Days and 90 calendar days in place of 45 calendar days.
If we determined that no error occurred, we will send you a written
notice within three (3) Business Days. You may request copies of the
documents that were used in the investigation.
You agree that Union Savings Bank may respond to you by e-mail with
regard to any claim of unauthorized electronic fund transfer related to
the Service. Any such electronic mail sent to you by Union Savings Bank
shall be considered received within three (3) Business Days of the date
sent by Union Savings Bank, regardless of whether or not you sign on to
the Service within that time frame.
LIMIT OF UNION SAVINGS BANK'S RESPONSIBILITY
Union Savings Bank agrees to make reasonable efforts to ensure full
performance of Online Banking. Union Savings Bank will be responsible
for acting only on those instructions sent through Online Banking that
are actually received, and cannot assume responsibility for
circumstances over which the bank has no direct control. This includes
but not limited to, the failure or malfunctions in communication
facilities, which may affect the accuracy or timeliness of messages you
send.
Any information you receive from Union Savings Bank is believed to be
reliable. However, it can only be provided on a best-efforts basis for
your convenience and is not guaranteed. Union Savings Bank is not liable
for any deficiencies in the accuracy, completeness, availability, or
timeliness of such information, or for any investment or other decision
made using this information.
Union Savings Bank is not responsible for any fees incurred for Internet
access, or for any computer virus or related problems that may be
attributable to services provided by any Internet access service
provider.
You are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for performing
Online Banking. Union Savings Bank will not be responsible for any
errors or failures from the malfunction or failure of your hardware or
software.
The limit of Union Savings Bank's liability shall be as expressly set
forth herein. Under no circumstances will Union Savings Bank be liable
in contract, tort, or otherwise for any special, incidental, or
consequential damages, whether or not foreseeable. By consenting to use
the Service, you agree to waive any and all right to any of the
aforesaid, and you acknowledge that the limit of your remedy is as
otherwise expressly set forth herein.
UNION SAVINGS BANK'S RESPONSIBILITY
Union Savings Bank will be responsible for your actual losses if they
were directly caused by our failure to:
- Complete an Electronic Funds Transfer as properly requested
- Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
- Through no fault of Union Savings Bank, you do not have enough
money in your account to make the transfer
- Through no fault of Union Savings Bank, the transaction would
have caused you to exceed your available credit
- Circumstances beyond our control (e.g., fire, flood, power
outage, mail delivery delays, equipment or technical failure or
breakdown) prevent the transfer, despite reasonable precautions that
we have taken
- There is a hold on your account, or if access to your account is
blocked in accordance with banking policy
- Your funds are subject to legal process or other encumbrance
restricting the transfer
- Your transfer authorization terminates by operation of law
- You believe someone has accessed your accounts without your
permission and you fail to notify Union Savings Bank immediately
- We have received incomplete or inaccurate information from you
or a third party involving the account or transfer.
- We have a reasonable basis for believing that unauthorized use
of your Password or account has occurred or may be occurring, or if
you default under this Agreement, the Deposit Account Agreement, a
credit agreement, or any other agreement with us, or if we or you
terminate this Agreement.
There may be other exceptions stated in this agreement and in other
agreements with you. In no event shall we be liable for damages in
excess of your actual loss due to our failure to complete a transfer,
and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist
you with reasonable efforts in taking appropriate corrective action to
reprocess the transactions that may not have been completed or to
correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)
If you send Union Savings Bank an electronic mail message through the
Service, Union Savings Bank will be deemed to have received it on the
following Business Day. Emails will be answered within a reasonable
timeframe.
You should not rely on electronic mail if you need to communicate with
Union Savings Bank immediately (e.g., if you need to report an
unauthorized transaction from one of your accounts, or if you need to
stop a payment that is scheduled to occur).
You agree that Union Savings Bank may respond to you by electronic mail
with regard to any matter related to the Service, including responding
to any claim of unauthorized electronic funds transfer that you make.
Any such electronic mail sent to you by Union Savings Bank shall be
considered received within three (3) days of the date sent by Union
Savings Bank, regardless of whether or not you sign on to the Service
within that time frame.
OTHER AGREEMENTS
In addition to this Agreement, you and Union Savings Bank agree to be
bound by and comply with the requirements of the agreements applicable
to each of your Online Accounts. Your use of the Online Banking service
is your acknowledgment that you have received these agreements and
intend to be bound by them. You should review other disclosures received
by you when you open your accounts at Union Savings Bank, including the
charges that may be imposed for electronic funds transfers or the right
to make transfers listed in the fee schedules accompanying those
disclosures and the fee schedule at the end of this Agreement. We will
automatically deduct any fees related to this Service from your account
each month. All terms and conditions of the disclosures provided to you
at account opening, including but not limited to, the Truth in Savings,
Regulation E Disclosure, Depositor's Agreement and Terms and Conditions
apply to this Service.
MODIFICATIONS TO THIS AGREEMENT
Union Savings Bank may modify the terms and conditions applicable to the
Service from time to time upon mailing or delivering a notice of the
modifications to you at the address shown on our account records, and
the revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We may send any notice to you via electronic
mail and you will have been deemed to have received it three (3) days
after it is sent. We reserve the right to terminate this Agreement and
your use of the Service in whole or in part at any time without prior
notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY
A copy of Union Savings Bank's Consumer Privacy Statement is available
upon request at any of our branches, or can be mailed to you upon
request by calling Union Savings Bank at (505) 341-5200, or writing a
letter and sending it to:
Union Savings Bank
Attention: Compliance Officer
1500 Mercantile Ave NE
Albuquerque, NM 87107
You can also access our Policy online by clicking on the Privacy Notice
icon on the Union Savings Bank Website.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement
and with the terms of the agreement governing the deposit accounts which
you access using electronic banking services. We can terminate your
Online Banking privileges under this Agreement without notice to you for
any reason; or if you do not pay any fee required by this Agreement when
due, if you do not comply with the Agreement governing your deposit or
loan accounts, or your accounts are not maintained in good standing. We
will promptly notify you if we terminate this Agreement or your use of
the service for any other reason.
If you are not paying a monthly service charge for the Service, we may
convert your account to inactive status if you do not sign on to the
Service or have any transaction scheduled through the Service during any
consecutive sixty (60) day period. If your account is considered
inactive, you must contact us to have the Service activated before you
will be able to schedule any transaction through the Service.
To cancel the Online Banking, you must notify Union Savings Bank. Your
notification should include your name, address and the effective date to
stop the service. You may notify Union Savings Bank by one of the
following methods:
- By initiating a customer inquiry through our Website
- By calling (505) 341-5200
- By writing a letter and sending it to:
Union Savings Bank
Attention: Online Banking Department
1500 Mercantile Ave NE
Albuquerque, NM 87107
GOVERNING LAW
This Agreement is governed by the laws of the state of New Mexico and
applicable federal law(s).
FEE SCHEDULE
Union Savings Bank offers the benefits and convenience of the Online
Banking service to you at no monthly charge. Account research and stop
payment charges will be assessed at the rates published in Union Savings
Bank's account disclosures and deducted from your account.
These fees are subject to change. Union Savings Bank will notify you in
writing regarding any fee changes at least thirty (30) days in advance
of the effective date of these changes.
Last Revised: May 18, 2006
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