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INTERNET WEB SITE AGREEMENT

WE RECENTLY INSTITUTED THE SECONDARY PASSWORD FOR ACCESSING YOUR ACCOUNT. IF YOU DO NOT HAVE THIS PASSWORD SET-UP, PLEASE CALL THE CREDIT UNION TO SELECT A SECONDARY PASSWORD

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By continuing beyond this page you are agreeing to the terms and conditions in the Internet Service Electronic Fund Transfer Disclosure and Agreement below. Please read this disclosure carefully and print it for your records. Using your browser’s print command and a printer can print a copy of this Agreement. If you are unable to print this document, a copy can be provided to you by the Credit Union upon request.

Internet Service Electronic Funds Transfer
Disclosure and Agreement

This Internet Service Electronic Funds Transfer Disclosure and Agreement as amended from time to time ("Agreement") sets forth the terms and conditions governing the use of American Spirit Federal Credit Union's Internet Service Electronic "Internet Account Access" and "Electronic Bill Payment" services (collectively "Internet Access Services"). Disclosure information that applies to "Internet Account Access" and "Electronic Bill Payment" services offered by American Spirit Federal Credit Union is given below. The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other deposit account and credit agreements you have with the Credit Union. Please read this Agreement completely and retain it with your personal records. By using, or allowing another person to use, the "Internet Account Access" and "Electronic Bill Payment" services offered by American Spirit Federal Credit Union, 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, and the terms "we", "us", "our(s)" and "Credit Union" refer to American Spirit Federal Credit Union. The term Internet Access Services refer to American Spirit Federal Credit Union’s Internet Account Access and Electronic Bill Payment services. This Agreement is incorporated by this reference and becomes a part of American Spirit Federal Credit Union's Electronic Funds Transfer Disclosure and Agreement effective May, 1997. All other terms and conditions of your Electronic Funds Transfer Disclosure and Agreement, as amended, remain in force.

Electronic Disclosure of American Spirit Federal Credit Union’s Internet Service Electronic Funds Disclosure and Agreement

By accessing our Internet Access Services, you acknowledge electronic receipt of the Credit Union's Internet Service Electronic Funds Transfer 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 the Credit Union will not provide you with an additional paper (non-electronic) copy of this Agreement unless you specifically request it.

Who is Bound by this Agreement

Each person ("subscriber") who completes the online Electronic Bill Payment Application, accesses the online Internet Account Access and/or Electronic Bill Payment services, enters their PIN/Personal Security Code, or signs an Electronic Bill Payment Application agrees to be bound by the terms and conditions of this Agreement. If more than one person subscribes to the Internet Access services, all subscribers are jointly and severally liable. The Credit Union can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Agreement is also binding upon your heirs, personal representatives and successors.

Signatures

By accessing the system, or authorizing anyone else to access the system, and/or by subscribing to Internet Access Services, you agree to be bound by the terms and conditions of the Agreement.

Right to Receive Documentation of Transactions

You will receive a monthly account statement reflecting all of your transactions unless there is no activity in a particular month. In any case you will receive a statement at least quarterly. If you have arranged to have direct deposits made to your account at least once every sixty- (60) days from the same person or company, you can call us at (302) 738-(ASAP) 2727. ASAP is American Spirit’s Automated Phone to find out whether or not deposits have been made. If the only possible transfers to or from your account are direct deposits or pre-authorized deposits, you will get at least a quarterly statement from us.

Your Liability for Unauthorized Transactions

Tell us AT ONCE if you believe your code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your 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 code, and we can prove that we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00. If you have authorized someone else to use the code, you are responsible for all transactions which that person or persons initiates at any time, even if the amount or transactions exceed what you may have authorized. Also, if your statement shows transactions 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 hospital stay) kept you from telling us, we will extend the time periods.

How to Notify the Credit Union in the Event of an Unauthorized Transaction

If you believe your access code has been lost or stolen or someone has transferred or may transfer money from your account without your permission, call us at (302) 738-4515, or write to us at 1110 Elkton Road, PO Box 8065, Newark, DE 19714.

Business Days

For purposes of these disclosures, our business days are Monday through Friday, excluding holidays.

Personal Identification Number

We will issue you a Personal Identification Number (PIN). This number should be memorized. After memorizing it, you should destroy it. Your accounts can only be accessed by the use of an access device with the PIN. If you forget your PIN, contact the Credit Union and we will issue you a new one.

Charges

All charges associated with our Internet Access Services electronic funds transactions are disclosed in our Fee Schedule that accompanies this Agreement.

Disclosure of Account Information to Third Parties

We will disclose information in accordance with our Privacy Policy to third parties about your account or the transfers you make:
a) When it is necessary to complete the transaction.

b) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
c) In order to comply with government agency or court orders or other legal process.
d) If you give your written permission to do so.

Address Change

You are required to keep the Credit Union informed of your current address to insure correct mailing of monthly statements.

Amendments

The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to you at your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given at least twenty-one (21) days prior notice of the change. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of our Internet Access Services or designated accounts.

Termination

You may terminate this Agreement with us at any time. The Credit Union reserves the right to terminate this Agreement and/or your use of our Internet Access Services with or without cause. We may do so immediately if:

  1. You or any authorized user of your account breaches this or any other agreement with the Credit Union;
  2. We have reason to believe that there has been or might be an unauthorized use of your account; or
  3. You or any authorized user of your account requests that we do so.

Collection Costs

You agree to pay the Credit Union our reasonable expenses, including court costs and attorney's fees, for enforcing our rights under this Agreement.

Additional Benefit Enhancements

The Credit Union may from time to time offer additional services to you in connection with your accounts. Some services may be at no additional cost to you and others may involve a specified fee. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time.

Reservation of Rights

Failure or delay by the Credit Union to enforce any provision of this Agreement or to exercise any right or remedy available under this Agreement, or at law, shall not be deemed a waiver and the Credit Union expressly reserves the right to enforce such provision, or to exercise such right or remedy, at a later date.

Other Agreements

Except as stated otherwise in the Agreement, this Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union.

Severability

If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect

In Case of Errors or Questions About your Electronic Transfers

Telephone us at (302) 738-4515, or write to us at 1110 Elkton Road, PO Box 8065, Newark, DE 19714 as soon as you can, if you think your 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.

  1. Tell us your name and account number (if any).
  2. 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.
  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 10 business days. We will tell you the results of our investigation within 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 45** days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 10 business days, we may not credit your account.
If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
* If you assert an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days.

** If you give notice of an error within 30 days after you make the first deposit to your account, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate.

Additional Disclosures Applicable to Internet Access Services

Transactions Available with " Internet Account Access" Services

The following is a list of transactions available when you have logged on to our Internet Account Access services:

  1. Obtain balances and other account details on your share and loan accounts
  2. Make transfers between your Share/Savings, Share Draft/Checking, and Money Market accounts;
  3. Make loan payments (Including Visa Card and Master Card accounts),
  4. Review transaction history of activity for all your accounts, and
  5. Download statements to personal financial management software including Quicken® and Microsoft® Money.

Internet Access Services Limitations

SHARE SAVINGS - Federal Regulations prohibit more than six preauthorized, automatic, or telephone transfers from your Share/Savings account or money market deposit account to another account at the Credit Union or to a third party in any calendar month, and no more than three of these six transfers may be made by check, draft, debit card, or similar order payable to a third party. If you exceed, or attempt to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer request, and the Credit Union may reclassify or close your account.

OTHER TRANSACTIONS - You cannot initiate a transfer from certificates or IRA accounts or any restricted accounts, such a mortgage holding or holiday club accounts. Overdraft is not automatically triggered to cover "insufficient funds"

Finance Charges on Loans

Each transfer made from your line of credit is considered a cash advance and finance charges begin to accrue from the effective date of the transfer, in accordance with the terms of your credit agreement(s).

Funds Availability and Accrual of Dividends

Funds from electronic funds transfer credits/deposits will be available on the effective date of the transfer, in accordance with our "Funds Availability Policy". Dividends will begin to accrue on the effective date of the transfer.

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. Through no fault of ours, you do not have enough money in your account to make the transaction;
  2. The transaction would go over the credit limit on your credit line;
  3. The network system was not working properly and you were aware of the malfunction when you started the transaction;
  4. Circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the transactions despite reasonable precautions that we have taken;
  5. The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction;
  6. Your PIN/Personal Security Code has been entered incorrectly;
  7. The payee mishandles or delays a payment sent by our bill payment service provider;
  8. You did not properly follow the service instructions on how to make the transfer;
  9. You have not provided the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment; or
  10. The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account.

There may be other exceptions not specifically mentioned above.

Right to Stop Payment of Preauthorized Transfers, Right to Receive Notice of Varying Amounts, and Our Liability for Failure to Stop Payment.

  1. Right to stop payment and procedure for doing so.
    If you have told us in advance to make regular payments out of your account, you can also stop any of these payments. Here's how: On line through our Electronic Bill Payment Service, call (302) 738-4515, or write to us at 1110 Elkton Road, PO Box 8065, Newark, DE 19714 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

  2. Notice of varying amounts.
    If these regular payments vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

  3. Liability for failure to stop payment of preauthorized transfers.
    If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages

Additional Disclosures Applicable to
Internet Access Services "Electronic Bill Payment" Service

Transactions Available with "Electronic Bill Payment"

The following is a list of transactions available for Electronic Bill Payment service:

  1. Add/Edit Merchants: Merchant refers to the entity to which you pay bills. The merchant can be a company, organization, or individual. The Add/Edit Merchant feature allows you to add merchants to, delete merchants from or edit merchant information on your personal list of merchants. Recurring payments are scheduled under this feature,

  2. Pay Bills: The Pay Bills feature allows you to schedule payments. This feature enables you to specify the amount of the payment and the processing date, and

  3. Place stop payments on electronic bill payments.

Internet Access Service's "Electronic Bill Payment" Service Limitations

The following are limitations to the use of the Credit Union's Electronic Bill Payment service:

  1. Bill payments can only be made from your share draft/checking account or money market account;

  2. Payments cannot be made for tax payments, court-ordered payments or payments to payees outside of the United States;

  3. If you close the designated bill payment share draft/checking account or money market account, all scheduled payments will be stopped;

  4. You cannot stop a payment if the payment has already been processed; and

  5. You can schedule payments 24 hours a day, seven days a week, however, payments scheduled on a Saturday, Sunday, or holiday will be processed within one to two business days.

  6. No more than six preauthorized, automatic, or telephone transfers may be made from your Share/Savings account or money market deposit account to another account at the Credit Union or to a third party in any calendar month, and no more than three of these six transfers may be made by check, draft, debit card, or similar order payable to a third party. If you exceed, or attempt to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer request, and the Credit Union may reclassify or close your account.

Bill Payment Returns/Overdrafts

You will be subject to our Non Sufficient Funds (NSF) fee as stated on our Fee Schedule. You also agree that a NSF fee may be charged to your account even if the payment is not returned but is paid and overdraws your payment account.

"Electronic Bill Payment" Methods and Restrictions

Payments are made to your payee either electronically via the Automated Clearing- House (ACH) or by check or laser draft. The method of payment depends upon the processing method that can be accommodated by the payee or by our bill payment service provider. It is important that you take into consideration what method of bill payment will be used when scheduling bill payments to ensure payment deadlines are met. If the payee accepts electronic bill payment, the payment may take up to four business days to process. If the payee does not accept electronic bill payment, the payment will be sent in a check form, and may take up to ten business days to process.

"Electronic Bill Payment" Account Debits

Your account will be debited within two business days after the scheduled payment's processing date. You specify this date.

"Electronic Bill Payment" Service Responsibilities

You are responsible for:

  1. Any late payment or service fees charged by merchant(s) and any overdraft, NSF or stop payment fees charged by the Credit Union as a result of these transactions;
  2. Data input of payee information (payment amount(s), name, address and any other pertinent information); and
  3. Written notification to the Credit Union in the event you wish to cancel this service.

Our Liability for Failure to Make Transfer

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. Through no fault of ours, you do not have enough money in your account to make the transaction;
  2. The transaction would go over the credit limit on your credit line;
  3. The network system was not working properly and you were aware of the malfunction when you started the transaction;
  4. Circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the transactions despite reasonable precautions that we have taken;
  5. The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction;
  6. Your PIN/Personal Security Code has been entered incorrectly;
  7. The payee mishandles or delays a payment sent by our bill payment service provider;
  8. You did not properly follow the service instructions on how to make the transfer or payment;
  9. You have not provided our bill payment service provider with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment; or
  10. The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account.

There may be other exceptions not specifically mentioned above.

Right to Stop Payment of Preauthorized Transfers, Right to Receive Notice of Varying Amounts, and Our Liability for Failure to Stop Payment.

  1. Right to stop payment and procedure for doing so.
    If you have told us in advance to make regular payments out of your account, you can also stop any of these payments. Here's how: On line through our Electronic Bill Payment Service, call (302) 738-4515, or write to us at 1110 Elkton Road, PO Box 8065, Newark, DE 19714 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.
  2. Notice of varying amounts.
    If these regular payments vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
  3. Liability for failure to stop payment of preauthorized transfers.
    If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages

"Electronic Bill Payment" Monthly Service Fee

The Electronic Bill Payment monthly fee, as stated on the Credit Union's Fee Schedule, will be charged to your designated share draft/checking account each month. This fee allows you unlimited payments per month.

Fee Schedule Applicable to Electronic Bill Payment Services only

NSF Fee $20.00
Auto Transfer Fee $5.00
Monthly Bill Payment Fee  $4.95



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(302) 738-4515