Online Banking Terms and Conditions
1. General. The Terms in this Agreement apply to the Internet Home Banking Services (the “Services”). By using the Services or by authorizing anyone else to use the Services, you agree that your use of the Services is governed by the Terms herein, the terms of the Mesquite Credit Union Membership and Account Agreement, and any additional terms, conditions, or disclosures that may be provided to you when your application is approved. In the event of any conflict between the Terms and any other governing terms, conditions, or disclosures, the Terms herein control.
In these Terms, Conditions, and Disclosures, the words “we,” “us,” “our,” and “Credit Union” mean Mesquite Credit Union. “You," “your,” and "user" mean each person who applies for one or more of the services and each Account owner or other person authorized to transact business on any Credit Union Account that may be accessed by way of the Services.
2. Computer Equipment and Software. You may access the Services by visiting our website at www.mesquitecu.org. You will need a personal computer, an Internet service provider, and a browser that supports the Secured Sockets Layer (SSL) protocol, such as Microsoft Internet Explorer 5.0 or higher, Netscape Navigator 5.0 or higher, or AOL 5.0 or higher, to access the Services. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone company or Internet service provider.
NEITHER THE CREDIT UNION NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY ON ANY EQUIPMENT, HARDWARE, SOFTWARE, OR THE SERVICES, OR WITH RESPECT TO YOUR INTERNET PROVIDER, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
We are not responsible for any loss, damage, or injury, whether caused by your equipment or software, the Services, or any technical or editorial errors contained in or omissions from any user guide related to the Services. We are not responsible for any direct, indirect, special, or consequential damages arising in any way out of the installation, use, or maintenance of your equipment, software or the Services, except where the law requires a different standard. You agree to be bound by and to comply with the requirements set forth in any user’s guide, instructional manual, or other instructions that we may provide to you in connection with the Services.
3. Additional Services. We may introduce new Services or enhance the existing Services from time to time. We will notify you when these new or enhanced Services are available. By using new Services when they become available, you acknowledge and agree that those Services are governed by these Terms as well as any additional terms, conditions, and disclosures that we may provide to you.
4. Overdrafts. You agree that your use of the Services and your User ID and Security Code shall be subject to the Overdrafts provisions set forth in the Membership and Account Agreement. If there are insufficient funds available in your Account or from any form of overdraft protection, we may not process a bill payment that you have arranged for. In such event, you understand and agree that you will be responsible for making alternate payment arrangements with the payee or for rescheduling the payment through the Services. We are under no obligation to process a bill payment for which insufficient funds are available, and we are not required to notify you in such event. In the event we do decide to process a payment for which insufficient funds are available, however, we will charge the total cost of the transaction to you, including any fees or service charges.
5. Safeguarding Your Security Code. When you use the Services, you will access your Accounts by way of a user-defined Security Code. You agree to keep your Security Code in confidence, refrain from disclosing it to any third party other than those to whom you provide your express authorization, and refrain from recording or displaying it in such a manner that it will be accessible by any such third parties. Any person having access to your Security Code will be able to access the Services and perform all transactions, including reviewing Account information and making transfers to other Accounts and other persons. You agree that the use of the Security Code by you, any other applicant, any party to any of your Accounts that may be accessed by the Security Code, anyone you permit or authorize to use your Security Code, and anyone to whom you disclose your Security Code or give access to your Security Code is deemed an authorized use for which you are liable. If you authorize other persons to use your Security Code in any manner, your authorization is considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, and you are responsible for any transactions made by any such persons until you notify us in writing that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon your notification.
You are responsible for reporting the loss, theft, or compromise of your Security Code to us as soon as possible after the loss, theft, or compromise. For your security, in the event that someone tries to access your Account without knowing your Security Code, the Services will lock out all access to your Account after a certain number of incorrect Security Code entries. In such event, you must contact the Credit Union to have access to the Services restored.
6. Stop Payment. When you arrange for a Service, you acknowledge and agree that you may not stop payment of Account transfers initiated through your use of the Services, except that, under certain conditions, you may stop payment of certain preauthorized transfers. See the disclosures below for more information concerning your right to stop payment of preauthorized transfers.
7. Termination of the Internet Home Banking Services. You or any other party to your Account can terminate your access to the Services by selecting the appropriate option within the services. Unless otherwise indicated, termination by you applies only to the Internet Home Banking Service and/or Bill Pay Service, does not terminate your other relationships with us, and is effective immediately. Termination of the Bill Pay Service cancels all pending bill payments. If you cancel a pending bill payment, you will be responsible for making alternate payment arrangements with the payee. When you cancel the Bill Pay Service, all payee information and history is deleted and cannot be recovered. Except as otherwise provided in this Agreement, termination of the Services does not affect the rights and obligations of the parties to this Agreement for transactions initiated prior to termination. Notwithstanding your termination of the Services, you remain responsible for any transactions initiated by any person to whom you have furnished your Security Code. We reserve the right to terminate your use of the Services at any time without prior notice.
8. Access. The Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible for a reasonable period of time each week for system maintenance. We are not liable under this Agreement for failure to provide access to the Services or for service interruptions due to a system failure or other unforeseen acts or circumstances.
9. Amendments to this Agreement. We reserve the right to amend this Agreement and to change these Terms at any time subject to such notice as may be required by applicable law. Your use of the Services following receipt of any such notice constitutes your acceptance of any such change. Use of the Services is subject to our policies, procedures, and existing regulations governing your Accounts and to any future changes to those policies, procedures, and regulations.
10. Enforcement and Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Texas to the extent not pre-empted by applicable federal law, and venue lies in Dallas County, Texas. You agree that if there is any inconsistency between these Terms and any applicable law, regulation, or rule, the terms of this Agreement prevail to the extent that any such law, regulation, or rule may be modified by agreement between us.
Electronic Fund Transfers - Disclosures
The following disclosures provide important information concerning your rights and responsibilities when you make transfers to and from your Accounts using the Services.
1. Contact in Event of Unauthorized Transfer. If you believe your Security Code has been lost, stolen, compromised, or that someone has transferred or may transfer money from your Account without your permission, call or write to us at:
Mesquite Credit Union
1510 North Galloway
Mesquite, TX 75149
2. Transfer Types and Limitations. The following transactions and other features are available through the Services:
(a) Account Access Service. The following transactions are available through the Services:
- Review Account balances and transaction history
- Transfer funds between your Accounts with the same member number except Share IRA and CD Accounts
- Arrange, review, and change scheduled transfers
- Communicate with us using e-mail
- Conduct other transactions permitted by the Credit Union
Scheduled fund transfers received after 2 p.m. EST or on a weekend or a federal holiday will take effect on the next business day. Immediate fund transfers received after 8 p.m. EST Monday through Friday or on a weekend or a federal holiday may not take effect until the next business day.
Limitations on Transfers from Your Credit Union Share Savings Accounts. Government regulations restrict the number of automatic and preauthorized transfers (including transfers by way of data transmission) from your Credit Union Share Savings and Money Market Accounts to no more than an aggregate of six per month per account. Transfers made through your use of the Services are included when counting the permissible number of monthly transfers. Transfers from checking Accounts and transfers from any Savings or Money Market Account to make payments on your loans with us do not count against this limitation. We may refuse or reverse a transfer or assess fees, suspend, or close your Account if you exceed these limitations.
(b) Bill Payment Service. The Bill Payment Service allows a user to make prearranged bill payments to third parties. You may set up your own personal database of payees and establish one-time or recurring monthly payments. When you add payees to the Bill Payment Service, you must enter your account number with the payee and the payment address exactly as they appear on your payment stub or invoice. Bill payments may be made from your Checking Account only. You may not make bill payments to tax entities, collection agencies, pursuant to court-orders (for example, court-ordered payments such as alimony, child support, and traffic tickets), payees outside the United States, or to other categories of payees we may establish from time to time. Payments to payees with an Armed Forces postal code (such as AE and AP), to settle securities transactions, to payoff special financing transactions, and unprocessed payments due to debit failures are not prohibited, but are not subject to the guarantee set forth below. We reserve the right to refuse to pay any payee to whom you direct a payment. If we decide to refuse a payee, we will notify you within three business days following the payment Processing Date except in the case of payees that are prohibited from receiving payment as set forth in this paragraph. The term “Processing Date” as used in this Agreement is defined as the date you designate for payment (or the next business day if you schedule a payment to occur after our 2 p.m. cutoff time or on a weekend or a holiday) and the time when we will deduct the funds from your Account. All payments are made in U.S. dollars only.
By providing the Services with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Services to follow the payment instructions that it receives from you. When the Services receive a payment instruction from you, you authorize the Services to debit your Checking Account on the Processing Date. Sufficient funds must be available in your Checking Account on the Processing Date or the payment may not be made. You are responsible for scheduling payments to arrive to the designated payee by their due date. You acknowledge and agree that you must schedule each Processing Date to occur at least five business days before the payment due date if the payment is to be made by check, and at least two business days before the payment due date if the payment is to be made electronically. Your personal payee list will show whether a payee will receive payment by check or has agreed to receive payments electronically. Subject to the terms and conditions of this Agreement, you authorize us and any third party acting on our behalf to choose the most effective method to process your payment or transfer, including without limitation, electronic, paper, or some other means of payment. For each properly instructed payment, you will receive a transaction confirmation number.
We will process a bill payment on the Processing Date you have designated if we receive your instructions before 2 p.m. central time on a business day we are open. If we receive your instructions after that time or on a weekend or a holiday, we will process the payment on our next business day. If you schedule a bill payment for a future date, we will process the transaction after 2 p.m. Central time on the day you have designated, if that day is a business day. If the Processing Date you have designated is not a business day, then the Processing Date will be the next business day.
Unless you receive a confirmation number, we are not liable for any failure to make a payment, including any finance charges or late fees incurred as a result. It is also important that you schedule the processing date by the time periods prescribed above since the time for the payee to receive your payment may vary according to the particular payee. You must become familiar with the payment processing time for each payee and allow the appropriate number of business days between the processing date and the payment due date subject to the limitations in this agreement. If you follow the procedures for payments as described herein and you are assessed a late charge or finance charges we will pay the payee for those charges. You authorize the payee to release your account payment and fee information to us for the purpose of fulfilling our payment guarantee. In the event that you do not adhere to the obligations set forth in this agreement, including scheduling a payment by the required number of business days before the due date according to the payment method, then we do not guarantee timely payment. In such a case, you will bear full responsibility for all late fees and finance charges, and we will not be liable for any such fees and charges. This disclaimer of liability, however, does not preclude us from working to resolve these types of issues when they arise. If required, we will be responsible for providing provisional credit while investigation is underway.
If we are unable to process a scheduled payment request through the Bill Payment Service, such as for insufficient funds in the designated Account, the transaction will result in a “Failed Payment.” Failed payments will not affect other scheduled payments.
3. Fees. If you have requested and been approved for the Bill Pay Service and you have no bill payment transactions during a statement period, you will be assessed a Bill Pay Non-Usage Fee of $6.50 for each month in which there is no bill payment activity. You authorize us to automatically deduct this fee from your Checking Account each time it is assessed. In the event that funds in your Checking Account are not available, you authorize us to effect automatic payment from any Account on which you are an owner. You must follow the procedures set forth above if you wish to cancel your access to the Services. By using the Services, you may also incur applicable fees as set forth in our Truth-in-Savings Fee Schedule. Pricing for all fees associated with the Services is subject to change.
4. Business Days. Our business days are Monday through Friday excluding federal holidays.
5. Documentation. You will receive a confirmation screen with reference information after every transfer you make. You may save or print this information for your records. All transactions made using the Services will be listed on your monthly Account statement that you receive from us. If you do not receive a monthly Account statement from us, we will send you a statement at least quarterly.
6. Confidentiality. We will disclose information to third parties about your Account or the transfers you make:
Where it is necessary for completing transfers, or In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or In order to comply with government agency or court orders, or If you give us your written permission
7. Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting. If you believe your Security Code has been lost, stolen, or compromised, you should change your Security Code immediately using the Services.
Tell us AT ONCE if you believe your Security Code has been lost, stolen, or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two business days, you can lose no more than $50 if someone used your Security Code without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Security Code, and we can prove we could have stopped someone from using it without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
8. Preauthorized Transfers.
Right to Stop Payment and Procedure for Doing So. If you have arranged to have scheduled transfers made from your Account you can stop any of these transfers by deleting or changing the transfer through the Scheduled Transfer feature. We must receive your cancellation or change instructions before 2 p.m. central time on the scheduled Processing Date. You may also stop scheduled transfers by calling or writing to us at the number and address listed in Section 10 below. If you call or write, you must notify us in time for us to receive your request at least three business days before the Processing Date. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. After the Processing Date, electronic payments cannot be stopped. We may be able to stop payments made by check after the Processing Date if we receive your request in adequate time to give us a reasonable opportunity to act on it. In no event, however, will we be liable for not stopping a payment if we receive your request after the Processing Date. A fee as set forth in our Fee Schedule or in any amendment thereto may be imposed for each stop payment order you give.
Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these transfers three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
9. Credit Union Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we 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 adequate funds in your Account to complete a transaction, your Account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
- If you used the wrong access code or you have not properly followed any applicable computer, Internet access, or user instructions for making transfer and bill payment transactions.
- If your computer fails or malfunctions or the Service were not properly working and such problem should have been apparent when you attempted such transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent making the transaction.
- If the funds in your Account are subject to an administrative hold, legal process, or other claim.
- If you have not given us complete, correct, and current instructions so that we can process a transfer.
- If the error was caused by a system beyond our control, such as your Internet Service Provider.
- If you do not authorize a transfer soon enough for your transfer to be made.
- If you have closed the Account to or from which the transfer was to be made.
- If there are other exceptions that we may establish from time to time.
Our sole responsibility for an error in a transfer is to correct the error, but in no case will we be liable for any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental, or consequential damages, our liability is limited to the extent permitted by applicable law.
10. In Case of Errors or Questions about Your Electronic Transfers.
Call us at:
Or write us at:
Mesquite Credit Union
ATTN: Internet Home Banking
1510 North Galloway
Mesquite, TX 75149
as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
(i) Tell us your name and Account number.
(ii) 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.
(iii) 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 business days.
We will tell you the results of our investigation within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten business days for the amount you think is in error, so that you will have the 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 ten business days, we may not credit your Account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your Account for the amount you think is in error.
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.
Questions? Give us a call at 972.285.8951.