Kent Credit Union Disclosures
On this page: Virtual Branch Agreement and Disclosure and Electronic Statement Disclosure
Kent Credit Union Virtual Branch Agreement and Disclosure
1. Introduction:
This Kent Credit Union Virtual Branch Agreement and Disclosure is referred to as the “Agreement”. It explains the terms and conditions governing basic Internet banking services offered by Kent Credit Union. These services are referred to in the agreement as “Virtual Branch” or “Online Services”. The terms “we”, “us”, “our”, “Kent Credit Union”, and “Credit Union” mean Kent Credit Union, a state-chartered credit union. The term “you” and “your” means each person who enrolls for Virtual Branch and has a password. The term “business day” means Monday through Friday, excluding federal holidays.
By using Virtual Branch, you agree to the terms and conditions of the agreement. Virtual Branch and each of your accounts at the Credit Union are also governed by the applicable deposit account agreement, the applicable rules and regulations, the applicable Electronic Funds Disclosure Statement and other disclosures and online instructions issued by the Credit Union, as each of these may change from time to time. In case of conflicts between this Agreement and the other Credit Union disclosures, the Agreement will control.
2. Description of Virtual Branch Services:
A. Kent Credit Union Virtual Branch is an electronic service provided via the Internet that permits you to:
- Access information about accounts which you are authorized to view;
- Transfer funds between authorized accounts;
- Download copies of statements;
- Download transaction information to your personal financial management software;
- Review account balances and transaction history for authorized accounts;
- Make Credit Union loan payments from your checking or savings accounts;
- View and print copies of checks that have cleared from your checking account.
B. You must have at least one active deposit account with the Credit Union to use this service.
C. The service is provided free of charge for account inquiry and funds transfer. We may offer additional services in the future, which are subject to these terms and conditions. Fees and charges for Virtual Branch will not be changed without at least 30 days prior notice and shall be charged to your account. Any fees associated with the Virtual Branch service and any other fees you may incur through your Internet service provider or telephone company through the use of our Virtual Branch service are your responsibility. It is your responsibility to record all transactions conducted using our Virtual Branch service. We will not mail printed receipts for transactions conducted through the Virtual Branch service.
D. In order to use the Virtual Branch services, you will need to install Internet browser software on your computer if you do not already have it installed. Modifications to the services in the future may require installation of upgrades to the browser software. You are responsible for the installation, maintenance, and operation of your browser software.
E. The service is generally available 24 hours a day, seven days a week; however the service may be unavailable from time to time for maintenance, data processing, or due to unscheduled down time.
3. Service Limitations:
The following limitations on Virtual Branch transactions may apply in using this service:
A. Transfers: You may make funds transfers to other Kent Credit Union accounts of yours as often as you like. During any statement period, you may not make more than six withdrawals or transfers from your savings account to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer. This includes transfers by phone, fax, wire, cable, overdraft transfers to checking, and Internet instruction. The Credit Union will not be required to complete a withdrawal or transfer from your share accounts if you do not have enough money in the designated account to cover the transaction. You agree not to use Virtual Branch to initiate a transaction that would cause the balance in your designated share account to go below the required minimum balance. We will not be required to complete such a transaction, but if we do so, you agree to pay us the excess amount or improperly withdrawn or transferred amount and any overdrawn account fees resulting from such transactions, immediately upon our request. We will also decline to complete your transactions if we have canceled your access to Virtual Branch or we cannot complete the transaction for security reasons.
B. Account Information: The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to processing time and our Funds Availability Policy.
C. E-Mail: The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action until we actually receive your message and have a reasonable opportunity to act. Requests for funds transfer as well as the transmittal of account information should not be communicated to the Credit Union through the use of E-mail. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at 330-678-2274.
4. Member Liability
You are responsible for all transactions you authorize using Virtual Branch under this agreement. If you permit someone else to use the Virtual Branch service, you are responsible for any transactions they authorize or conduct on any of your accounts. However, TELL US AT ONCE if you believe your password has been lost or stolen, if you believe someone has used your password or otherwise accessed your accounts without your permission, or if you believe that an electronic funds transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).
For all other EFT transactions involving access devices, your liability for unauthorized transactions is determined as follows. If you tell us within two (2) business days, you can lose no more than $50 if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code 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 including those made by card, code or other means, TELL US AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe that someone has transferred or may transfer money from your account without your permission, call 330-678-2274 or write to:
Kent Credit Union
6020 Rhodes Road
Kent, OH 44240
5. Credit Union Liability For Failure to Make Transfers
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 may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:
A. If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit.
B. If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
C. If the money in your account is subject to legal process or other claim.
D. If funds in your account are pledged as collateral or frozen because of a delinquent loan.
E. If the electronic transfer is not completed as a result of your willful or negligent use of Virtual Branch.
F. If the telephone or computer equipment you use to conduct online transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
G. Any other exceptions as established by the credit union.
6. Password Security:
The password issued to you for initial access to Virtual Branch is for security purposes. You should change your password for security reasons the first time you use the service. We recommend that you create a password that utilizes both upper-and lower-case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. Your password is confidential and should not be disclosed to third parties or recorded. You agree to accept responsibility for protecting the integrity of your password. You agree not to disclose or otherwise make your password known to anyone not authorized to sign on your accounts.
7. General Terms and Conditions:
You agree that we may provide by electronic communication any notice, communication or disclosure required to be provided orally or in writing to you. But we may require written confirmation from you of your electronic communication with us.
You agree to indemnify, hold harmless, and defend Kent Credit Union from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses as allowable by law) arising from your failure to abide by the rules and regulations governing use of the Virtual Branch Services set forth herein. You agree that the following uses of the Virtual Branch Services are strictly prohibited:
A. Unauthorized communication of any account information belonging to any other person or entity.
B. Unauthorized communication of any information concerning any password or other online access number, code, or identification or any other proprietary information belonging to any other person or entity.
C. Unauthorized use of the Virtual Branch services to copy or to distribute or transmit copies of copyrighted materials belonging to the Credit Union or any other person or entity.
D. Communicating any obscene or defamatory information including but not limited to posting information on bulletin boards or in conjunction with e-mail.
E. Any use of the Virtual Branch services for any purpose other than conducting banking business pertaining to your account(s) with Kent Credit Union.
For any reason and at any time we may alter, change, or otherwise create new policies concerning the terms of this Agreement. You will receive notice of changes in the manner that is required by law or under the terms of this Agreement. Unless otherwise provided by law, or unless no change is required, you will receive notice of changes within thirty days of the effective date of the change. If you have elected to receive notices and disclosures electronically and to the extent permitted by law, we will supply you with such notices via email or alert you to the availability of such notices on our website. Continued use of our Virtual Branch service following the effective date of any changes to the terms to the Agreement indicates your acceptance of any changes in terms to the Agreement.
In addition, you agree to the following:
A. User acknowledges and understands that access to the account and funds transfer between pre-authorized accounts may be gained via online services by any person in possession of User’s ID and password. Virtual Branch services are offered in a secure environment, provided you use a secure browser. This protects your account information and personal data. You select your own password. You are responsible for keeping your password confidential and notifying the Credit Union immediately, if your password is lost, stolen or compromised.
B. The Credit Union reserves the right to monitor and review transmissions online and in storage, and without prior notice to User, to remove or reject any material which the Credit Union, at its sole discretion, believes may be unlawful or objectionable.
8. Limitations and Liabilities
A. OUR VIRTUAL BRANCH SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND ON AN “AS IS” BASIS. YOU ASSUME ANY RISK IN USING THE VIRTUAL BRANCH SERVICE. NO GUARANTEES OR WARRANTIES OR REPRESENTATIONS ARE MADE REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY CONCERNING YOUR USE OF THE VIRTUAL BRANCH SERVICE. WE MAKE NO WARRANTY EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AS TO VIRTUAL BRANCH SERVICE UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
B. You explicitly agree that any liability of Kent Credit Union arising from the provision of Virtual Branch services is limited to a maximum amount equal to the fees, if any, for such services charged to you by us during the 12 months preceding the alleged failure by us giving rise to a loss by you. You expressly waive any claims for additional, consequential, incidental, compensatory or punitive damages and agree that the damage provisions set forth herein are reasonable in light of the value of such Virtual Branch Services.
C. Unless we indicate to the contrary, any hyperlinks provided by other sites to our web page are not controlled by us. Any use of hyperlinks from this site to sites not controlled by us is done at your own risk. The Credit Union cannot be held responsible for the content, or for any information gathered on an outside site. Any links purporting to link this site are likewise done at your own risk. All content, products, opinions expressed or services offered, provided by those pages are the responsibility of their authors and are not endorsed, verified, or authorized by us. We make no representations or warranties concerning these sites or their services. Descriptions of our links or references to our website do not imply our endorsement of any products, services, or other information.
9. Screen Scraping
You should be aware of a practice commonly known as “screen scraping” or “information aggregation” whereby so-called “information aggregators” make available to their customers a web site on which the customers may view information obtained from other web sites. For example, a Credit Union member, John Doe, might have brokerage accounts, credit card accounts, bank accounts, insurance accounts and loans with a number of entities that provide online access to Mr. Doe. For each entity with which Mr. Doe has online account access, Mr. Doe might have a separate user ID and password, and he would have to log in separately to each entity’s web site to view account information or perform a transaction in a particular account. An information aggregator, or “screen scraper,” instead gives Mr. Doe the option to view and manage all of his online accounts held by the various securities, insurance, banking and lending entities in one place - on the aggregator’s web site. Often, the composite information from the various entities is reformatted to the information aggregator’s standards. To make this possible, the information aggregator will ask you for your user ID and password for the various online accounts you wish to view on the information aggregator’s web site. If you give the information aggregator this information, you do so at your own risk. Kent Credit Union cannot verify the identity of the person gaining access to your account with your user ID and password, whether that person is you, another individual to whom - despite the Credit Union’s warning - you have given your password, or an information aggregator. The Credit Union will not be liable for the consequences if you share your password and account information with others. You agree that if you use an automatic check writing service operating through use of a personal computer or otherwise, the treatment of each item presented against your account through that service and Kent Credit Union’s rights and obligations regarding the items presented will be the same as if the item were signed or initiated personally by you. Kent Credit Union’s privacy policies protect members’ nonpublic personal information. If you choose to give your password and account information to a screen scraper or information aggregator, you should understand that the person or company may not protect your nonpublic personal information to the same extent the Credit Union will. You should read carefully the screen scraper’s terms and conditions of service before you subscribe for its services.
10. Computer Performance, Equipment and Software
We will not be liable under any legal or equitable theory including contract, tort, or otherwise to you or any other persons for any indirect, special, incidental, or consequential damages of any character including but not limited to damage for loss of goodwill, loss of use, data, or profits, work stoppage, computer failure or malfunction, or any other commercial damages or losses. Kent Credit Union assumes no responsibility and disclaims any and all liability for loss or damage associated with the functionality or operation of your computer, your connection to the Virtual Branch service, your browser software or your Internet Service Provider’s services or performance, including loss or damage arising out of computer viruses. Kent Credit Union is not liable or responsible for any loss or other damage, whether direct or indirect, that you suffer as a result of your telephone service, cable service, or electric service being disconnected, interrupted, or otherwise unavailable; for deficiencies in the quality or speed of your connection; for any defect in the modem or computer you use to connect to the Internet; or for any problems with the service quality provided by the service provider you use to connect to the Internet. The Credit Union is not responsible for any damage to the equipment you use to connect to the Internet, or for any other property damage resulting from your use of the Credit Union’s Virtual Branch services. To use Virtual Branch services, you must use a secure browser that supports 128-bit encryption, such as Netscape Navigator or Microsoft Explorer. In addition, you must have Adobe Acrobat Reader version 5.0 or higher.
11. Termination
We reserve the right to terminate your access to or use of this service, or any portion thereof, without notice and without limitation, for any reason, including a violation of the conditions and restrictions in this agreement or any other applicable agreement. The Credit Union shall have no liability to you for such termination. You will not have Virtual Branch services for any accounts that have been closed.
You may terminate use of Virtual Branch services at any time by calling us at 330-678-2274, or writing to us at:
Kent Credit Union
6020 Rhodes Road
Kent, OH 44240
If there is a joint account holder on your account who has access to the service, they must provide a separate written notice of termination. Termination of your service does not affect your obligations under this agreement for any transactions you have conducted or instructions you have submitted, nor does it affect the terms and conditions of any other products or services you continue to maintain with Kent Credit Union.
12. Error Resolution
In case of errors or questions about electronic funds transfers from your savings and checking accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. Call us at: 330-678-2274 or write to:
Kent Credit Union
6020 Rhodes Road
Kent, OH 44240
- Tell us your name and account number.
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the credit union has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
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 tell you the results of our investigation within ten (10)* business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10)* 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 (10) business days, we may not credit your account.
We will tell you the results within three (3) business days of 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.
* If you give notice of an error within thirty (30) days after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days to investigate the error.
13. Assignability
You may not assign your rights under this agreement to any other party without our express written consent. We may assign our rights and responsibilities under the agreement without prior notice to you.
14. Severability
If any part or parts of this agreement are found to be invalid by a change in any applicable law or through any legal proceeding, it will not alter or affect the validity of any of the remaining parts of the agreement, which will remain in full force and effect.
15. Change In Terms
We may change any term of this Agreement at any time. If the change would result in a fee for Virtual Branch, or increased liability for you, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or Virtual Branch. We will post any required notice of the change in terms on our website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or Virtual Branch, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of Virtual Branch indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
16. Statements
By requesting Virtual Branch services, you can agree to receive your statement by electronic means. You understand that if you elect Electronic Statements you will not receive a statement via the United States Postal Service. By using Electronic Statements, you agree that we may hold delivery of the printed account statements that you had previously received, provided that we will send you a printed account statement, at any time, upon request to us. A fee may be imposed for mailing a statement to you. Please see our Rate & Fee Schedule for details. Finally, you agree to electronically view any changes in disclosures, election information, or updates to Credit Union products, services, or fees and opt out of the requirement for receiving this information by mail. You agree to accept the Electronic Statements available through Virtual Branch as your account statements.
You agree to notify the Credit Union of any address change for your accounts with the Credit Union. Failure to maintain a current address with the Credit Union may delay our ability to provide you with accurate information in a timely fashion.
Kent Credit Union Electronic Statement Disclosure
You have the right or option to have consumer disclosures, notices, and statements provided to you on paper. You may withdraw your consent for the provision of electronic consumer disclosures, notices, and statements at any time. If you do withdraw your consent, consumer disclosures, notices, and statements will be mailed to you in paper form. To withdraw your consent, to change your email address with the credit union, or to request paper copies of consumer disclosures, notices, and statements please email [email protected]. Please check the credit union fee schedule at www.kentcu.com for copy fee information. In order to consent to the electronic delivery and receipt of consumer disclosures, notices, statements and any other documents that would ordinarily be mailed to you, via email instead of via paper form, you will need a secure Internet browser that supports 128-bit encryption, such as Netscape Navigator or Microsoft Explorer. In addition, you must have Adobe Acrobat Reader version 5.0 or higher.
By enrolling in E-Statements, you hereby consent to the electronic delivery and receipt of consumer disclosures, notices, statements, promotional materials and any other documents that would ordinarily be mailed to you, via email instead of via paper form. You understand that you have the right to receive the aforementioned documents via paper if you so choose and that you may withdraw consent to receive electronic documents at any time. You understand that by electing to receive the above electronically, you will not receive these documents in paper form by mail or otherwise. You may receive delivery of these documents by email or mail but not both. You understand that you must inform the credit union of changes to your email address and physical mailing address.
An error resolution notice is provided with each periodic statement, whether on a monthly or quarterly basis. Please refer to the notice contained within your statement if you have any errors or questions about your account.
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