Online Banking, Mobile Banking and Remote Check Deposit Agreements

AGCU Online Banking Disclosure & Agreement

This Online Banking Disclosure and Agreement as amended from time to time sets forth the terms and conditions governing the use of AGCU’s Online Banking electronic services. Disclosure information that applies to Online Banking services offered by AGCU is given below.

Please read this Agreement completely and retain it with your personal records. By using, or allowing another person to use, Online Banking services offered by AGCU, you are agreeing to be bound by the terms and conditions of this agreement. In this Agreement, the terms “you” and “your(s)” refer to the member (if this is a joint account, singular pronouns shall include each of you), and terms “we”, “us”, “our(s)”, and “Credit Union” refer to AGCU.

This Agreement contains the disclosures required by the Electronic Funds Transfer Act.

Electronic Disclosure of AGCU Online Banking Disclosure and Agreement

By accessing the AGCU Online Banking Services, you acknowledge electronic receipt of AGCU’s Online Banking Disclosure and Agreement. You agree that you have read this Agreement in its entirety and will abide by its terms and conditions. You understand that AGCU will not provide you with an additional paper (non-electronic) copy of this Agreement unless you specifically request it.
Notice of Your Rights and Responsibilities

Notify us immediately if your Password has been compromised, lost, stolen, or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the password. Telephoning us at (417) 831-4398 is the best way of limiting your possible loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If we are notified within two (2) business days after you discover that your password has been compromised, lost, or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the password without your permission, you could lose as much as $500.
If your statement shows unauthorized transfers, notify us within sixty (60) days. If we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason, (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time. You agree that if you give your account number and password to anyone else, you are responsible for any use by them.
Password & Personal Security

Your accounts can only be accessed through AGCU’s Online Banking portal by the use of an access device with the password. If you forget your password, contact AGCU and we will reset it.
You are responsible for maintaining the confidentiality of your password. The password should be memorized and not written, in order to prevent unauthorized use and so you may report its loss or theft accordingly. You agree that you will not use or allow anyone else to use your password for any transaction that is illegal under applicable federal, state, or local law.
Our Liability for Failure to Make Transfers

If we do not complete a transaction to or from your accounts 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. We will not be liable, for instance if:
1.) Your password has been entered incorrectly

2.) Through no fault of ours, you do not have enough money in your account to make the transaction

3.) The transaction would go over the credit limit on your credit line

4.) The network system was not working properly and you were aware of the malfunction when you started the transaction

5.) Circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the transactions despite reasonable precautions that we have taken

6.) The money in your account is subject to an uncollected funds hold, legal process, or any other encumbrance or agreement restricting a transaction

7.) The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account

8.) Other exceptions not specifically mentioned here
E-mail Address Change

You are required to keep the Credit Union informed of your current e-mail address to ensure correct notification of monthly statements.
Amendments

This Agreement may be amended by the Credit Union at any time at its discretion. You will receive notice of amendments as required by applicable law without restatement of terms herein.
Termination

You may cancel the Agreement and terminate your Online Banking with AGCU at any time by notifying AGCU in writing and discontinuing use of the service. The Credit Union may terminate Online Banking and this Disclosure and Agreement at any time by giving you advance notification, in writing. Whether you or the Credit Union terminates this Disclosure and Agreement, the termination shall not affect your obligations under this Disclosure and Agreement.
Transactions Available

You may access your account(s) by computer through the Internet at www.agcu.org and use your password and your account numbers, to:

1.) transfer funds from checking to savings

2.) transfer funds from savings to checking

3.) transfer funds from savings to savings

4.) make a payment on an AGCU loan

5.) stop payment on a check

6.) access e-statements

7.) get information about:

a. the account balance of checking or savings accounts

b. deposits to checking or savings accounts

c. withdrawals from checking or savings accounts

d. loan balances & history

 

ASSEMBLIES OF GOD

MOBILE BANKING AGREEMENT AND DISCLOSURE
ONLINE BANKING ADDENDUM

I. Introduction

Assemblies of God Credit Union (AGCU) 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.

II. Definitions

As used in this Agreement and Mobile Banking services, the following words have the meanings given below:

“Account(s)” means your eligible AGCU Checking, Savings, Loans, CDs, Safe Deposit Box information and other AGCU 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” means AGCU.

III. Mobile Banking Service

A. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to 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 AGCU 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. 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 addition, the Service may not be supportable for all Devices. AGCU 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 website. 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 you understand how to use Mobile Banking as modified. You also accept responsibility 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 deposit account, loan or other Credit Union 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 transaction limitations and fees which might apply to your use of Mobile Banking.

IV. Permitted Mobile Banking Transfers

You may use the Service to transfer funds between your eligible AGCU Accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using Mobile Banking.

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. Transfer transaction requests received after 6:00 p.m. CST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Credit Union chooses to remain closed, may be processed on the Credit Union’s next business day.

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 a savings or money market account. Each transfer from a savings 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 Deposit Account Agreement and Disclosures. You may be subject to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures.

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.

V. Your Responsibilities

You represent and agree to the following by enrolling for Mobile Banking or by using the Service:

A. 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 connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of 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.

B. 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, login 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. You agree not to use any personally identifiable information when creating shortcuts to your Account.

We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.

C. 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.

D. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized 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.

E. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless AGCU 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) 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; or (c) your use, or use by a third party, of Mobile Banking.

AGCU MOBILE CHECK DEPOSIT SERVICES AGREEMENT


This AGCU Mobile Check Deposit Services Agreement contains the terms and conditions for the use of the remote deposit capture service (“Remote Deposit Anywhere”) Assemblies of God Credit Union (“AGCU”, “us”, or “we”) may provide to you (“you” or “User”). Other agreements you have entered into with AGCU are incorporated by reference and made part of this Agreement.

AGCU Remote Deposit Anywhere is designed to allow you to make deposits of checks (“original checks”) to your accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information (“images”) to AGCU (“us” or “we) or our processor with your Mobile Device.
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 to this Agreement, and we will not be obligated to allow such a deposit at other times.
Deposit Limits:

• Low: Daily limit – 5 items totaling $100/Monthly limit – 10 items totaling $500

• Medium: Daily limit – 5 items totaling $1,000/Monthly limit – 20 items totaling $2,000

• High: Daily limit – 10 items totaling $3,000 /Monthly limit – 20 items totaling $10,000
Eligible items. You agree to scan and deposit only checks (i.e.., drafts drawn on a credit union, savings and loan, or bank and payable on demand).
You agree that you will not use AGCU Remote Deposit Anywhere to deposit:

• Checks Payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).

• Checks payable to you and another party who is not a joint owner on the account.

• Checks that contain evidence of alteration, or that 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 previously converted to a substitute check, as defined by regulation CC.

• Checks drawn on a financial institution located outside the United States.

• Checks not payable in United States currency.

• Checks dated more than 6 months prior to the date of deposit.

• Checks that have previously been submitted through this service or through a remote capture service offered at any other financial institution.

Requirements. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), and required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the share draft or check within 1 ½ inches from the top edge, although we may accept endorsements outside the space. Your endorsement must include your signature and “via mobile deposit”. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.

Receipt of deposit. All images processed for deposit through AGCU Remote Deposit Anywhere will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images.

Original Checks. After you receive confirmation that we have received an image, you must securely store the original check for 60 calendar days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 5 calendar days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Returned deposits. Any credit to your account for checks deposited using AGCU Remote Deposit Anywhere is provisional. If original checks deposited through AGCU Remote Deposit Anywhere are dishonored, rejected or otherwise retuned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Hardware and software. In order to use the service, you must obtain and maintain, at your expense, compatible hardware and software as specified by AGCU from time to time. AGCU is not responsible for any third party software you may need to use the service. Any such software is accepted by you as is and is subject to the terms and condition of the software agreement you enter into directly with the third party software provider at time of download and installation.

Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. AGCU may change the fees for use of the Service at any time. You authorize AGCU to deduct any such fees from an AGCU account in your name.
If your deposit is returned unpaid, you authorize us to collect a fee as stated in our Schedule of Fees.
Your warranties. You make the following warranties and representations with respect to each image:
• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.

• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.

• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid,

• There are no other duplicate images of the original check.

• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.

• You are authorized to enforce and obtain payment of the original check.

• You have possession of the original check and no party will submit the original check for payment.
With respect to each image, you will make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Compliance with law. You will use AGCU Remote Deposit Anywhere for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

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 AGCU Remote Deposit Anywhere for any unauthorized or illegal purposes, or you use AGCU Remote Deposit Anywhere in a manner inconsistent with terms of your Account Agreement or any other agreement with us.

AGCU Remote Deposit Anywhere. AGCU Remote Deposit Anywhere may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that AGCU Remote Deposit Anywhere is unavailable, you may deposit original checks at any of our branches or through any of our ATMs.
Funds availability. For purposes of funds availability, AGCU Remote Deposit Anywhere deposits confirmed as received will be credited to your account by the end of the second business day (i.e. Monday-Friday, non-holiday) following the day of deposit.
AGCU Remote Deposit Anywhere Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Your responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if AGCU Remote Deposit Anywhere is used, by authorized person, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Jack Henry and Associates, Inc., retain all rights, title and interests in and to the Services, Software and Development made available to you.

Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Jack Henry and Associates, Inc. (JHA), and hold harmless JHA, its affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demand, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claims related to FI or End User’s use of the Services, JHA Applications, unless such claim directly results from an action or omission made by JHA in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE 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 ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE 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 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 ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Financial information. You must inform us immediately of any material changes in your financial circumstances or in any of the information provided in your Application for any remote banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.