First Heritage Federal Credit Union
First Line User Agreements
Important: To enroll for First Line, you must consent to receive notices and information about the service electronically. You must have the ability to receive and retain electronic communications before you accept the terms of the First Line User Agreement (“Agreement”).
The Agreement sets forth the terms and conditions under which you may utilize the various features of First Line, as more fully explained below. By selecting the “I Agree” box, you consent to receive information electronically and agree to the terms and conditions set forth in this agreement. First Heritage Federal Credit Union (“Credit Union”) reserves the right to provide information about the service to you by non-electronic means.
Scope of Agreement
This agreement establishes the terms and conditions of your use of First Line online banking, mobile banking, and DepositNow services.
We will use best efforts in order to ensure continuous service through First Line. However, because of the nature of communication over the internet, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. You agree that we are not responsible for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
First Line Changes or Discontinuation
We reserve the right to change or discontinue, temporarily or permanently, First Line at any time without notice. In order to maintain the security and integrity of First Line, we may also suspend your access to First Line at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of First Line.
Hardware or Software Requirement
Enrollment for the First Line service requires that you have access to the internet and an internet browser with 128-bit encryption, and a printer or disk drive or other electronic storage device. The Credit Union reserves the right to require you to obtain the different type of technology from time to time in order to use First Line.
You agree to notify us immediately of any changes in your email address.
Enrollment for First Line
Each owner or authorized signer on an account can enroll that account with First Line.
Limitation of Liability
The Credit Union does not make any representations or warranties that will provide First Line without interruption. First Line is provided on an “As Available” basis and the Credit Union makes no representation or warranties relating to the availability of First Line, any expressed or implied warranties relating to the merchantability, fitness for a particular purpose or non-infringement of third-party rights and title. The sole and exclusive remedy for any failure or nonperformance of First Line shall be for the Credit Union to make reasonable efforts to enable you to make proper use of First Line. In no event will the Credit Union or any of its officers, directors, subsidiaries, affiliates, or agents be liable for any consequential, indirect incidental, special or punitive damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with this agreement, First Line, or the inability to use First Line, even if advised of the possibility of such damages. Any action or proceeding to enforce any obligation, duty or right arising under this agreement must be commenced within one year from the date that such cause of action arises.
The terms and conditions of this Agreement constitute the entire agreement to use First Line as described herein and may be modified or amended by the Credit Union as described below. The terms and conditions of this Agreement are in addition to and part of the terms and conditions of the agreement governing the use of the website, and are in addition to all other terms and conditions in agreements governing your account with the Credit Union and constitute an amendment of those other agreements.
The Credit Union reserves the right to amend, add to, or delete the terms and conditions of this Agreement and, unless otherwise required by law, the Credit Union chooses to notify you of an amendment, or is required to do so by law, you may receive such notice electronically and you may be asked to consent to an amended version of the Agreement electronically. In addition, the Credit Union may mail or deliver a separate notice, statement message or electronic message. Your continued use of First Line following any such notice of a change shall constitute your agreement to be bound by all such changes.
If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe or describe the scope or the extent of such section. The failure to act with respect to a breach does not otherwise waive the Credit Union’s right to act with respect to subsequent or similar breaches. This Agreement represents the sole and exclusive agreement between the Credit Union and you regarding First Line and merges and supersedes all previous agreements and understandings regarding First Line. Should any term or condition be in conflict between this Agreement and any document incorporated herein by reference, this Agreement shall control with respect to issues relating to First Line. This Agreement is governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law principles.
Electronic Fund Transfer Disclosure
The following information describes the various types of electronic fund transfers which are available to members with First Line and your rights and responsibilities concerning those transactions, including your rights under the Electronic Fund Transfers Act (“EFT Act”). Please read this document carefully. You may print or save this document for future reference. Electronic access to this document in the future for printing or saving can be found at the First Line Login page. If you would like a paper copy, you may notify us at the telephone number or address listed in the section titled “In case of Errors or Questions about Electronic Transfers”. The EFT Act is applicable only to consumer accounts. Non-consumer account holders are not entitled to the rights provided under the EFT Act. See Non-Consumer Accounts on First Line and the Electronic Transfer Act below for more information.
Electronic Fund Transfers are deposits to, withdrawals from or transfers between your accounts which are not originated by check, draft or similar paper instrument. If your account(s) involves such transfers, you have certain rights under the law, which is described below. Please contact us at the telephone number or address listed in the section titled “In Case of Errors Or Questions About Electronic Transfers” if you have any questions or problems.
Types of Electronic Fund Transfers Available with First Line
You may access your account(s) to transfer funds to other First Heritage Federal Credit Union account(s) either your own or another First Heritage member’s (see Any Account Transfers), transfer to loan account(s) with us (including VISA). Such transfers can only be made if the funds are deposited into your First Heritage Federal Credit Union account, used to pay a First Heritage Federal Credit Union loan, or transferred to another account that has been authorized to receive a transfer from you.
With First Line, you can also download account history files to be used as import files in Quicken or MS Money, change mailing address and email address, change account titles, place a stop payment on paper drafts, and similar services related to your account. If you choose, you may enroll for our online Bill Pay Service and our eStatement service within First Line.
Any Account Transfers
Any Account Transfers are transfers of funds that you initiate from your account to any other member of First Heritage FCU.
Alternate Account Access
The Alternate Account Access feature allows you to link and display certain First Heritage FCU accounts under one account. Accounts that are linked together will appear on your “Account Summary” page on First Line without regard to who else may have an ownership interest in each account.
You must have an ownership role on the accounts you wish to aggregate and must complete an additional request form to use this service.
Non-Consumer Accounts on First Line and the Electronic Transfer Act (EFT Act)
In accordance with the Electronic Transfer Act, accounts such as Corporation, Trust, Partnerships, LLCs, etc. are considered non-consumer accounts. You acknowledge your responsibility for all funds transferred affecting your non-consumer accounts initiated using First Line. The credit union shall have no duty to verify the identity of the person or persons using your First Line account to transfer funds and transact on your non-consumer account other than the standard authentication security procedures provided for on First Line.
You shall at all times indemnify, defend and hold the credit union harmless from and against all actions, proceedings, claims or loss, damage, costs and expenses which may be brought against the credit union or incurred by the credit union and which shall have arisen in connection with the instructions transmitted by the credit union’s First Line system relating to your account.
Limits on Withdrawals/Transfers
For Share Savings Accounts and Money Market Accounts: During any statement period, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction or through First Line. Please note that transfers completed in person at a Credit Union office, through an ATM, or by withdrawal check mailed directly to you are not counted toward the limit of six per month.
Receipts and Statements
You will receive a confirmation screen with reference information after every transfer you make. You may save or print this information for your records. You will receive a monthly statement showing all electronic fund transfers. You will receive a monthly account statement from us for your Share Savings and Money Market accounts, unless there are no electronic transfers in a particular month. In any case, you will get a statement at least quarterly.
Credit Union Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account(s) on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer;
If your funds are subject to legal process or other encumbrances restricting such transfer;
If circumstances beyond our control (such as fire, flood or Acts of God) prevent the transfer, despite reasonable precautions we have taken
Address and Telephone Number to Notify If Unauthorized Use of Your Account Occurs
If you believe that someone has transferred or may transfer money from your account without your permission, call (607) 936.4667 or (800) 833.3338 or write us at First Heritage Federal Credit Union, 110 Village Square, Suite 101, Painted Post, New York, 14870.
Your Liability for Unauthorized Transfers
If you believe your First Line User name and Password has been lost or stolen it is your responsibility to inform us immediately. If you inform us within two business days your liability is limited to $50 if someone used your First Line User name and Password without your permission. IF YOU DO NOT inform us within two business days after you learn of the loss or theft or your User name and Password and we can prove we could have stopped someone from using your User name and Password without your permission if you had told us, your liability could be as high as $500.
Also, if your statement shows transfers that you did not make, inform us at once. If you do not inform us within sixty days after the statement was mailed to you, you may not get back any money you lost after the sixty days if we can prove that we could have stopped someone from taking the money if you had told us in time. Exceptions to this policy will be considered on a case-by-case basis and no recovery of the funds is guaranteed.
Our business days are Monday through Friday. Holidays are not included. If the end of the calendar month falls on a Saturday or Sunday the Credit Union will frequently “close its books” for that month after the last business day but before the actual last day of the month. Transfers made using First Line after the books are closed will be treated for dividend calculation purposes as if they occurred on the first day of the next month and will be reported on the statement applicable to the next month; but they will be shown on that statement as having occurred on the actual calendar day you made the transaction. Loan payments made by using First Line after the books are closed will be treated for interest calculation and transaction reporting purposes as if they occurred on the actual calendar day you made the loan payment; but they will appear on the statement applicable to the next month. If having a record of the date on which you make a loan payment is important to you for income tax reporting purposes, you may want to make the payment on or before the close of the last business day of December to make sure it will appear on your year-end statement.
Disclosure of Account Information to Third Parties
Information about your account is confidential. Without your permission, we will not disclose such information to unaffiliated third parties except where necessary to complete a transfer, or to report or confirm the existence and condition of your account for a credit bureau or merchant, or in order to comply with government agency or court orders.
Electronic Consent and Acceptance Agreement
In order to enroll to use First Line, you must consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, and all other disclosures, notices and information related to products, services, or transactions available while using First Line, electronically. In the event a change to this Agreement, the terms and conditions of your First Line account, or the products, services or transactions available while using First Line requires prior notice to you, we may notify you by email, at the public email address you have provided, of the new or different terms and conditions, or we’ll provide you with a link within such email, or on or near the First Line login page where you may view the new or different terms and conditions on a website. Any such notice will be deemed received when made available to you at the address you have provided, or, if posted on the First Line login page, after you log in to your account. If you continue to use First Line after the effective date of such notice, your continued use of First Line constitutes acceptance of the changes and an agreement to be bound by these terms, as amended. If you do not agree to the changes, you agree to discontinue your use of First Line.
If you enroll for or purchase a new product or service using your First Line account, or if you make a change to a product or service you already have, or if you perform a transaction using First Line that requires a disclosure, the Credit Union may elect to provide the required disclosures, notices and information relating to that product, service or transaction, electronically. The Credit Union may provide the related disclosures notices and information by email, by a link to a website within an email, or by posting the disclosures, notices or information on a website which is made known to you. You must provide us with timely updates to your email address. If you wish to update your email address, you may do so after logging into your First Line account. The disclosures, notices and information referred to in this section of the Agreement include, but are not limited to, disclosures required by NCUA regulations, disclosures required by Federal Reserve Board regulations, disclosures required by the E-Sign Act, and by CFPB (Consumer Financial Protection Board. By selecting “I Agree” box you agree to receive all required disclosures, notices and other information described in this section of the Agreement, electronically.
You may request a paper copy of any disclosure, notice, or other information sent to or made available to you electronically by telephoning us at (607) 936.4667 or (800) 833.3338, or such number we may specify from time to time. You may withdraw your consent to receive such information electronically by contacting us by telephone at the number specified above, or such number we provide from time to time. Withdrawing your consent in this manner will not prevent you from re-enrolling for First Line.
In order to use First Line and to view and retain a copy of the terms and conditions contained in this Agreement, you understand that you must have a computer equipped with at least: a browser with 128 bit encryption and either a printer or a disk drive or other electronic storage device. You can also obtain a printed copy of this Agreement by calling (607) 936.4667 or (800) 833.3338.
If you wish to withdraw your consent to receive disclosures, notices and information related to your First Line account electronically, you may do so by terminating your First Line service. You must call us to terminate your First Line service. You will not be charged a fee to terminate your First Line service.
By selecting the “I Agree” box, you (1) acknowledge that you have software and equipment that satisfies the above requirements: (2) consent to receive disclosures, notices and information about your account and First Line, including the Agreement and any subsequent amendments to it, electronically; and (3) consent to receive an electronic version of the Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment for First Line can only occur electronically, you understand that you will be unable to proceed if you do not select the “I Agree” box.
Mobile Banking and DepositNow
First Heritage Federal Credit Union endeavors to provide you with the highest quality Mobile Banking (the “Service”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”).
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law.
As used in this Agreement the following words have the meanings given below:
“Account(s)” means your eligible First Heritage Federal Credit Union shares, share draft, term share(s) or other products that can be accessed through Mobile Banking.
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
“Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking.
“You” and “Your(s)” mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
“We”, “Us”, and “Credit Union” mean First Heritage Federal Credit Union.
Mobile Banking Service
A. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our First Line online banking services. It is not intended to replace access to First Line Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your First Heritage Federal Credit Union account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system. Information about First Heritage Federal Credit Union’s Mobile Banking Service is available on our website at www.fhfcu.org.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In additions, the Service may not be supportable for all Devices. First Heritage FCU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.
B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our internet banking platform. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
C. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any share account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transactions limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use the Service to transfer funds between your eligible First Heritage FCU accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution with the Service.
If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking.
You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees.
Federal regulations require financial institutions to limit the way withdrawals may be made from share or money market account. Each transfer from a share or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Important Account Information for Our Members Disclosure.
We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
- Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connections with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
- User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, logon information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
- User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would; (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
- No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorize to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
- Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless First Heritage FCU its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (a) third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; of (c) your use, or use by a third party, of Mobile Banking.
- Error Resolution Notice. In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as possible, if you think your statement is wrong or if you need more information about a transfer listed on the statement after we sent the FIRST statement on which the problem or error appeared: (1) tell us your name and account number (2) Describer the error or the transfer you are unsure about, and explain clearly why you believe it is an error or why you need more information (3) tell us the dollar amount of the suspected error. If you tell us orally we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the tie it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide that there was no error we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Send inquiries to: First Heritage FCU Attn: EFT Department 110 Village Square, Ste. 101 Painted Post, NY 14870 607.936.4667 or 800.833.3338
DepositNow Agreement and Disclosure
The DepositNow Agreement and disclosure (“Agreement”) contains the terms and conditions for the use of First Heritage Federal Credit Union DepositNow. Other agreements you have entered into with First Heritage Federal Credit Union, including the First Line Online Banking Agreement, as applicable to your First Heritage Federal Credit Union account(s), are incorporated by reference and made a part of this Agreement.
- Services. The DepositNow services (“Services”) are designed to allow you to make deposits to your share or share draft accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to First Heritage Federal Credit Union or First Heritage Federal Credit Union’s designated processor.
- Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after First Heritage Federal Credit Union has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, First Heritage Federal Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
- Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by First Heritage Federal Credit Union from time to time. See http://www.fhfcu.org for current hardware and software specifications. First Heritage Federal Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
- Eligible Items. You agree to scan and deposit “on us checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). ”On us checks” are checks drawn off from a First Heritage Federal Credit Union checking account. When the image of the check transmitted to First Heritage Federal Credit Union is converted to an Image Replacement Document for subsequent presentment and collections, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items: • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn • Checks payable jointly, unless deposited into an account in the name of all payees • Checks previously converted to a substitute check, as defined in Reg CC • Checks not payable in United States currency • Checks dated more than 6 months prior to the date of deposit • Checks or items prohibited by First Heritage Federal Credit Union’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your First Heritage Federal Credit Union account • Checks payable on sight or payable through Drafts, as defined in Reg CC • Checks with any endorsement on the back other than that specified in this agreement • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution • Checks or items that are drawn or otherwise issued by the U.S. Treasury Department
- Endorsements and Procedures. You agree to restrictively endorse any item deposited via the DepositNow service with your signature followed by "First Heritage Mobile Deposit". You agree to follow any and all other procedures and instructions for use of the service as First Heritage Federal Credit Union may establish from time to time.
- Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from First Heritage Federal Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credit to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Credit Union is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
- Email Address. You agree to notify us immediately of any changes in your email address, as this is the email address where notification of receipt of remote deposit items will be sent.
- Availability of Funds. You agree that items transmitted using the Services are subject to First Heritage Federal Credit Union funds availability requirements.
- Disposal of Transmitted Items. Please retain original check until it is deposited into your account. You agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to First Heritage Federal Credit Union upon request.
- Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $2000 per business day for retail banking clients and commercial banking clients. In addition, the current monthly dollar limit is $5000 per any 30 consecutive calendar day period for retail banking clients and commercial banking clients. There is no daily or monthly statement cycle limit on number of items, as long as the respective dollar limits are not exceeded.
- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in First Heritage Federal Credit Union’s sole discretion subject to the Important Account Information for our Members Disclosure governing your account.
- Errors. You agree to notify First Heritage Federal Credit Union of any suspected errors regarding items deposited through the Services right away, and in no event later than 33 days after the applicable First Heritage Federal Credit Union account statement is sent. Unless you notify First Heritage Federal Credit Union within 33 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First Heritage Federal Credit Union for such alleged error.
Send inquiries to: First Heritage Federal Credit Union Attn: Electronic Services Dept. 110 Village Square, Suite 101 Painted Post, NY 14870 607.936.4667 or 800.833.3338
- Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First Heritage Federal Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
- Image Quality. The image of an item transmitted to First Heritage Federal Credit Union using the Services must be legible, as determined in the sole discretion of First Heritage Federal Credit Union. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by First Heritage Federal Credit Union, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
- User Warranties and Indemnification. You warrant to First Heritage Federal Credit Union that: • You will only transmit eligible items • You will not transmit duplicate items • You will not re-deposit or re-present the original item • All information you provide to First Heritage Federal Credit Union is accurate and true • You will comply with this Agreement and all applicable rules, laws and regulations • You are not aware of any factor which may impair the collectability of the item • You agree to indemnify and hold harmless First Heritage Federal Credit Union from any loss for breach of this warranty provision
- Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
- Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Important Account Information for Our Members or any other agreement with us.
- Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Ownership & License. You agree that First Heritage Federal Credit Union retains all ownership and proprietary rights in the Services, associated content, technology, and websites(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to First Heritage Federal Credit Union’s business interest, or (iii) to First Heritage Federal Credit Union’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE AND, (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
- LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST HERITAGE FEDERAL CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
In Case of Errors or Questions about Electronic Transfers
Telephone us at (607) 936.4667 or (800) 833.3338 or write us at First Heritage Federal Credit Union, 110 Village Square, Suite 101, Painted Post, New York, 14870, or email us at email@example.com as soon as you can if you think your periodic account statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number
- 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.
- Tell us the dollar amount of the suspected error.
If you inform us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will communicate the results of our investigation within 10 business days after we are notified and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or questions. If we decide to do this, we will credit your account within 10 business days for the amount of the error you have reported; 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 question in writing and we do not receive it within 10 business days, we may not credit your account.
The 10 business day period discussed above becomes 20 business days if the notice of error involves a transfer to or from the account within 30 days after the first deposit to the account.
We will communicate the results of our investigation within 3 business days of the completion of our investigation. If we find 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.