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- CIP Disclosure
- Internet Banking
- Regulation "E"
- Funds Availability
- Mobile Remote Deposit Services Agreement
- Bill Payer Terms & Conditions
- Electronic Fund Transfers
- Home Mortgage Disclosure
- Truth in Savings
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying document.
Internet Banking Disclosure
MidWest America Federal Credit Union (MWAFCU or we) and the below named member(s) (member or you) hereby agree as follows:
1. Internet Banking Services. Member hereby applies to MWAFCU for Internet Banking services. In order to remain eligible for Internet Banking, member must remain a member of MWAFCU in good standing. The following transactions may be performed by the member through Internet Banking: (a) Transfers. You may transfer funds among your MWAFCU Share or Loan Accounts. Transfers from any share except Checking Shares are limited to six (6) per month in any combination of transfers to other MWAFCU accounts, overdraft transfers, over the phone or Internet Banking transactions. You may transfer funds between different MWAFCU accounts. These transactions are subject to prior approval of the other account holder. (b) Additional Services. From time to time, MWAFCU will announce additional services which are available through Internet Banking. Your use of these services will constitute acceptance of the terms and conditions presented at the time they are announced. (c) Access Limitations. MWAFCU reserves the right to limit the amount of on-line access per month or per session.
2. Operating Systems. Internet Banking is designed to work with most commonly used Internet browsers such as Internet Explorer or Mozilla Firefox.
3. Internet Banking Security. You agree that use of Internet Banking by other persons will give them access to any of your share, IRA, Certificate and loan accounts. Access to a member account will be by means of a username and password. You agree not to make your username or password available to any other person. If you believe that your username or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (800) 348-4738 or write us at 1104 Medical Park Drive, Fort Wayne IN 46825.
4. Liability for Unauthorized Transfers. (a) Liability disclosure. Tell us AT ONCE if you believe your PIN and password have been lost or stolen and immediately change your password. Telephoning is the best way of limiting your potential losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN and password, and we can prove we could have stopped someone from using them 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 kept you from telling us, we may extend the time periods. (b) Address and telephone number. If you believe your pin or password have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (800) 348-4738 (nationwide), (260) 482-3334 (in Fort Wayne) or write: MidWest America Federal Credit Union, 1104 Medical Park Drive Fort Wayne, IN 46825
5. Charges. MWAFCU does not intend to charge a fee for this service. We do, however, reserve the right to do so in the future and will provide 30 days advance notice to all users through the system.
6. Statements. All transactions generated by you through Internet Banking and any Internet Banking fees will appear on your monthly or quarterly statement.
7. Our 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 enough money in your account to make the transfer; if the transfer would go over the credit limit on your overdraft credit line; if the Internet Banking equipment or software was not working properly and you knew about the breakdown when you started the transfer; if circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken. We shall not be responsible for any other loss, damage or injury whether caused by the equipment, software and/or the Internet Banking service, nor shall we be responsible for any direct, indirect, special or consequential damages arising in any way out of the installation, use or maintenance of your equipment, software and/or Internet Banking, except where the law requires a different standard. We do not make any warranties concerning the equipment, the software or any part thereof, including, without limitations, any warranties of fitness for a particular purpose or warranties of merchantability.
8. Errors and Questions. In case of errors or questions about your electronic transfers, telephone us at (800) 348-4738 or write us at 1104 Medical Park Drive, Fort Wayne IN 46825 as soon as you can. We must hear from you no later than sixty (60) days after you learn of the error. You will need to tell us: your name and account number; why you believe there is an error and the dollar amount involved; approximately when the error took place. 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 and correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint, but you will have the use of the funds in question after the ten (10) business days. 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 during the investigation. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at the telephone number shown above.
9. Business Day. Our business hours are 9:00 a.m. - 5:00 p.m. Monday through Thursday and 9:00 a.m. - 6:00 p.m. Friday. Holidays not included.
10. Governing Law. This agreement shall be governed by and constructed in accordance with the laws of the State of Indiana
Regulation "E" Disclosure
1. Notify us at once if you believe your debit card is lost or stolen. Contacting the credit union by telephone is the best way to keep your possible losses down. If you notify us within (two) 2 business days, you can lose no more than $50.00 if someone used your debit card without your permission (see exception below #3). Failure to notify us within 2 business days could result in your being liable for up to $500.00 of the unauthorized transactions. Also, notify us at once if your statement shows transactions that you did not make. If you do not notify us within 60 days after the statement was mailed to you and we can prove that your failure to do so kept us from stopping the unauthorized usage, you may not get back any of the money you lost.
2. If you believe that your debit card has been lost or stolen or someone has knowledge of your PIN, call us at (260) 482-3334 or (800) 348-4738 or notify us in writing:
MidWest America Federal Credit Union
Attn: Electronic Services Department
1104 Medical Park Drive
Fort Wayne, IN 46825-5826
3. Your Personal Identification Number is to be kept secret. If you allow any other person to know your PIN, your debit card privileges can be terminated and you will be held responsible for any transactions that they complete using your debit card. If you write the PIN on any item kept with the debit card, such as in a wallet, purse, or address book, your debit card privileges can be terminated.
4. Your debit card can be used at any MidWest America ATM machine to complete any of the following transactions at no cost: a. inquire about account balances (share draft and savings only), b. transfer between share draft and savings accounts, c. withdraw cash from either your savings, share draft.
5. Your debit card can be used at any NYCE or Cirrus ATM not showing the MidWest America FCU logo to complete any of the following: Transactions b through d will result in a $1.50 fee for each completed or attempted transaction. The fee will be taken at the time of the transaction. If the funds are not available to complete a withdrawal and take the fee, the transaction will abort and the ATM machine will tell you to enter a lesser amount. a. inquire about account balances (share draft and savings only), b. deposit to your savings or share draft accounts, c. transfer between share draft and savings accounts, d. withdraw cash from either your savings, share draft or signature line of credit.
6. Withdrawals from the ATM machines will be limited to $300 each business day.
7. You may receive a receipt at the time you conduct any transaction on your account using the ATM machine. Also, you will receive a monthly statement showing your transactions.
8. We will disclose information to third parties about your account or the transfers you make: a. where it is necessary for completing transfers, or b. in order to verify the existence and condition of your account for a third party, such as a credit bureau, a merchant, or another financial institution or c. in order to comply with a government agency or court orders, or d. if you give us your written permission.
9. In case of errors or questions about your electronic transfers, telephone us at: (260) 482-3334 or (800) 348-4738 or write us at:
MidWest America Federal Credit Union
Attn: Electronic Services Department
1104 Medical Park Drive
Fort Wayne, IN 46825-5826
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 send you the FIRST statement on which the problem or error appeared. This letter must contain the following: a. your name and account number b. description of the error or the transaction you are unsure about and explain as clearly as you can, why you believe it is an error and why you need more information c. the dollar amount of the suspected error.
If you tell us orally, we require that you also send us your complaint or question in writing within 10 business days.
TERMS AND CONDITIONS
1. The signing of a MidWest America Federal Credit Union debit card request form shall indicate your assent to these terms and conditions and to any modification thereof. Any modification shall become effective and be binding 21 days after notice of the modification is posted in the office of the credit union and our member newsletter except where the Federal Electronic Fund Transfer Act provides otherwise.
2. Personal Identification Numbers must not be carried with the debit card, in any form, at any time. (See section #3 in disclosure.)
3. All debit cards must be surrendered prior to closing the primary account.
4. All correspondence will be mailed to the address shown on the permanent files of the credit union. It is the responsibility of the member to keep this information current.
5. Debit card activity may be suspended or canceled permanently if any one of the following conditions exists: a. card is lost, stolen, or misplaced, b. past due loan account, c. unsatisfactory account relationship, d. closure of the share draft account due to NSF activity, e. abuse of debit card privileges, f. if the PIN is kept with the debit card.
6. We reserve the right to charge you for any and all expenses incurred while attempting to collect any outstanding funds owed to the Credit Union associated with the debit card transactions.
7. Members who lose or damage their debit card and request a replacement card will be charged a $6.00 replacement fee.
8. Deposits are subject to verification by authorized personnel. The actual amounts deposited may vary from the figure shown on the receipt you receive at the time of deposit.
9. We reserve the right at any time and without notice (except as may be required by the Federal Electronic Fund Transfer Act) to eliminate any or all of the services that currently are available to you by use of your debit card or to add new services.
10. To the extent applicable, the rules and regulations governing your account with us also apply to your use of your debit card.
11. These terms and conditions are subject to and governed by all applicable present and future provisions of state and federal laws and Federal Reserve Board regulations, and from time to time, shall be deemed automatically amended to the extent necessary to comply therewith.
12. Members who use ATM machines not owned by MidWest America Federal Credit Union will be charged a $1.50 fee according to the Regulation “E” Disclosure above.
13. When you use an ATM not owned by us, you may be charged a fee by the ATM operator and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer or withdrawal.
MidWest America Federal Credit Union is owned by its members and run by a board of directors you elect. You can be confident that your financial privacy is a top priority of this credit union. We are required by the Gramm-Leach Bliley Act to give you this privacy notice to explain how we collect, use and safeguard your personal financial information. The notice we provide (see link below) is in the format prescribed by the Gramm-Leach Bliley Act for distribution for our members. If you have any questions, please contact a member service representative at (260) 482-3334 or (800) 348-4738
MidWest America Federal Credit Union recognizes the importance of protecting the privacy of members and others who visit our websites. To this end, MidWest America Federal Credit Union is committed to securing and protecting information that may personally identify you in the online environment.This is MidWest America's commitment to you, our valued members.
For each visit to our web pages, we collect the domain name and information volunteered by visitors (such as survey information and/or site registrations). We also collect the email addresses of those who communicate with us via email so that we may respond. Information on what pages are accessed or visited is collected on an aggregate basis, not individually.
The information we collect is used to improve the content of our websites and the services and products that may be offered to you.This information may also be used to notify visitors who have requested to be contacted about product news, updates, and information.
If you do not want to receive email from us in the future, please let us know by sending an email to us at email@example.com telling us that you do not want to receive emails from the credit union.
If you supply us with your postal address and/or
telephone number online, we may use them to contact you with
information on products and services or upcoming events.If
you never wish to be contacted for any products, services,
or special promotions, please let us know by sending an email
It should be noted that information contained in email is not entirely secure and can be intercepted by a third party. Instead of relaying sensitive personal information via email, we suggest you visit one of our branches or call our telephone call center at (260) 482-3334 or toll free at (800) 348-4738.
Online Security: We maintain reasonable security to protect member information. Our database is not directly accessible through the internet. Firewalls and SSL (Secure Sockets Layer) Handshake Protocol that utilizes 128-bit encryption and authentication technology, are used to protect proprietary information on our network from unauthorized access via the internet. Network traffic is monitored for hacking activity and computer viruses and a third party security service provider regularly evaluates and tests for system vulnerabilities. Also, mwafcu.org is a VeriSign Secure site.
What can you do to protect your account?
Members can add to the security of their accounts by choosing unique access codes at least six characters long and use a combination of alpha and numeric characters. They should also keep their access codes confidential and monitor the "last activity" box that pops up after logging in for unauthorized attempts to access their account. If an unauthorized attempt has occurred, the member should change their password immediately and evaluate the security of their PC.
Children's Online Privacy:
Normally, we do not knowingly collect, use, or maintain personal information from our website about children under the age of 13. However, members of all ages can submit questions, comments or requests through the website. Should a child under the age of 13 send personal information to us, we will only use that information to respond directly to the child. Only information required to complete the request such as email address, name, and type of request will be collected. After the response is made, all paper and electronic information related to the child will be destroyed. If the child is requesting a service or similar activity where service or repeated communication between the child and the Credit Union is necessary, parental/guardian consent will be sought. If consent is not received, all paper and electronic information related to the child will be destroyed. Under no circumstances will personal information collected from children under the age of 13 be shared with non-affiliated third parties.
With proper identification, parents/guardians may review personal information collected about their child under the age of 13. The parent/guardian may request that information collected about their child under the age of 13 be deleted from Credit Union records. Please contact us at firstname.lastname@example.org or call our telephone call center at (260) 482-3334 or toll free at (800) 348-4738 to make this request.
This disclosure describes your ability to withdraw funds at MidWest America Federal Credit Union. It only applies to the availability of funds in transaction accounts. The credit union reserves the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which accounts are affected by this policy.
General Policy. Our policy is to make funds from your deposits available to you on the same business day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash, and we can use the funds to pay share drafts you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit on a day we are not open, the deposit will be treated as if it were made on the next business day we are open.
- Reservation of Right to Hold. In some cases, we will not make all of the funds that you deposit by check available to you on the same business day that you make your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $200.00 of your deposit will be available on the same business day we receive your deposit. If we are not going to make all of the funds from your deposit available on the same day you make your deposit, we will notify you at the time you make your deposit. If the deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds would be available.
- Holds on Other Funds. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Deposits at ATM machines. Funds from any deposits (cash or check) made at automated teller machines (ATMs) we own or operate will be available on the second business day after the day of deposit, except that the first $200.00 of deposits will be available on the day of deposit. Funds from any deposits (cash or check) made at (ATMs) we do not own or operate will have the same availability as if the machine were owned by MidWest America Federal Credit Union.
- Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the fifth business day after the day of your deposit.
- Special Rules for New Accounts. If you are a new member, the following special rules will apply during the first thirty days your account is open. Deposits of traveler’s checks, cash, wire transfers and electronic funds made to your account will be available on the day we receive the deposit. If you are depositing checks, funds may be available under certain conditions. If you need the funds from a deposit right away, you should ask us when the funds would be available.
- Foreign Checks. Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institution that the check is drawn on.
Remote Deposit Capture (RDC) Check deposits utilizing RDC will generally be available after a three business day hold, except that the first $200.00 will be available on the day of deposit.
Mobile Remote Deposit Services Agreement
PLEASE NOTE: ALL CHECKS MUST BE ENDORSED WITH SIGNATURE AND THE WORDS MOBILE DEPOSIT
Mobile Deposit 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 us 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 of this Agreement, and we will not be obligated to allow such a deposit at other times.
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 Mobile Deposit to deposit:
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), any 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 1½ inches from the top edge, although we may accept endorsements outside this 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 Mobile Deposit 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 10 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 Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned 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 or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Your Warranties. You make the following warranties and representations with respect to each image:
With respect to each image, you 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 Mobile Deposit 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.
Mobile Deposit Unavailability. Mobile Deposit 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 Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs.
Funds Availability. Mobile deposits confirmed as received and approved by us will be posted to your account. The first $200.00 of your mobile deposit will be available on the same business day we receive your deposit and the remaining funds will be available within three business days.
Mobile Deposit 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 Mobile Deposit is used, by authorized or unauthorized persons, 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; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Access Softek, Inc. and Bluepoint Solutions, 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 Access Softek, Inc. and Bluepoint Solutions, Inc. and hold harmless Access Softek, Inc., its affiliates, officers, employees and agents, as well as Bluepoint Solutions, Inc., its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, 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 claim is related to FI or End User's use of the Services, Access Softek, Inc. or Bluepoint Solutions, Inc., unless such claim directly results from an action or omission made by Access Softek, Inc. or Bluepoint Solutions, Inc. 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 change 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.
This is your bill paying agreement with MWAFCU. You may use MWAFCU’s bill paying service, MidWest Bill Payer, to direct MWAFCU to make payments from your designated “checking” account to the Payee you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account.
In this agreement, “you” or “your” means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service. “Payee” means anyone you designate and MWAFCU accepts as a payee.
Refer to the fee schedule available at any of our MWAFCU locations or request a copy by contacting a Customer Service Representative. All fees assessed to cover the cost of expedited payments or gift pays will be disclosed accordingly.
Setting Up Payees & Payments
Payees: If you want to add a new “Payee,” first select the “Payee” tab located in the bill pay or speak to a service representative.
Payments: You may add a new payment to a “Payee” by accessing the service and entering the appropriate information.
You may pay any “Payee” with-in the United States (including U.S. territories and APO’s/AEO’s). MWAFCU is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.
Bill Payment Process
The system will calculate the Estimated Arrival date of your payment. This is only an estimate, so please allow ample time for your payments to reach your “Payees”
MWAFCU will process single payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by MWAFCU, which is currently 4:00 p.m. EST. Single payment requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. MWAFCU reserves its right to change the cut-off time by giving you notice if it changes.
When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency setting for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
1. If the recurring payment’s “Pay Before” option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
2. If the recurring payment’s “Pay After” option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.
NOTE: If your frequency setting for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and the day does not exist in the month of the calculated processing date, then the last calendar day for that month is used as the calculated processing date.
Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement provided when you opened your account, which discloses important information concerning your rights and obligations.
A bill payment can be changed or canceled any time “prior to” the cutoff time on the scheduled processing date.
When you have scheduled a payment, you authorize MWAFCU to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using the Bill Pay Service. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to MWAFCU. MWAFCU reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and MWAFCU has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree MWAFCU, at its option, may charge any of your accounts with MWAFCU to cover such payment obligations.
The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Payee.
You are solely responsible for controlling the safekeeping of, and access to, your pin. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify MWAFCU and arrange to change your pin. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. MWAFCU is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. MWAFCU is not liable for any failure to make a Bill Payment if you fail to promptly notify MWAFCU after you learn that you have not received credit from a payee for a Bill Payment. MWAFCU is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be MWAFCU's agent. In any event, MWAFCU will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if MWAFCU has knowledge of the possibility of them. MWAFCU is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond MWAFCU's reasonable control.
The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:
1. You have not provided the Bill Pay Service with the correct payment account information, or the correct name, address, phone number, or account information for the Payee upon initiation of the payment; and/or,
2. Circumstances beyond the control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances;
3. The payment-processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction;
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid; the Service is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
Amendment and Termination
MWAFCU has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on MWAFCU's records, by posting notice in branches of MWAFCU, or as otherwise permitted by law. MWAFCU has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to MWAFCU. MWAFCU is not responsible for any fixed payment made before MWAFCU has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by MWAFCU on your behalf.
Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Online Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking or On-line Financial Services; (ix) you knew that Online Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays. If you believe your login ID or password have been lost or stolen or that someone has access to your account without your permission, call (800) 348-4738 (nationwide) or, (260) 482-3334 (Fort Wayne) between 9 a.m. and 5 p.m. EST, Monday through Friday, or write: MidWest America Federal Credit Union; 1104 Medical Park Drive; Fort Wayne, IN 46825.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with MWAFCU regarding your accounts or the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. MWAFCU will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
Information submitted to MWAFCU or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by MWAFCU or prohibited by law.
Links to other Sites
Information that MWAFCU publishes on the World Wide Web may contain links to other sites and third parties may establish links to MWAFCU’s site. MWAFCU makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, MWAFCU does not endorse the products or services offered by any company or person linked to this site nor is MWAFCU responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
MWAFCU is not responsible for any electronic virus that you may encounter using the On-line Fund Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties
In addition to the terms previously disclosed,MWAFCU is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by MWAFCU or one of its suppliers. In addition, MWAFCU disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Online Banking or the On-line Financial Services. Without limiting the foregoing, neither MWAFCU nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. MWAFCU and its suppliers provide Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither MWAFCU nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from MWAFCU’s web site. MWAFCU MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. MWAFCU DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless MWAFCU and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, MWAFCU shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms
MWAFCU reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Indiana, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Fort Wayne, Indiana, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
MWAFCU may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and MWAFCU.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and MWAFCU, this Agreement will control.
MWAFCU shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by MWAFCU or a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
Terms & Conditions of Electronic Fund Transfers
This notice, which is required by federal law, describes important terms and conditions under which MidWest America Federal Credit Union provides certain preauthorized transfer services to you. This disclosure pertains to Federal Reserve Bank and Automated Clearinghouse (ACH) transactions only. (See specific disclosures for other services offered.)
Our EFT service allows you to designate the type of transaction, such as social security, payroll deposits, insurance premiums, or mortgage payments. This service is provided to you at no charge.
When utilizing our ACH/Electronic Fund Transfers for bill paying services, funds must be available for withdrawal prior to 8:00 AM on Mondays and Fridays and 9:00 AM. Tuesdays through Thursdays, depending upon the day your scheduled ACH withdrawal is to occur.
There are NO limitations on the dollar amounts of EFTs. Share (savings) accounts are allowed 6 transfers per month. Share draft (checking) accounts have no frequency limitations.
We will disclose information to third parties about your account or the transfer you make: (1) where it is necessary for completing such transfers; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; (4) if you give us your written permission.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
(a) If you have arranged to have transfers made to or from your account at least once every sixty days from the same person or company, you can call (260) 482-3334 to find out whether or not the transfer has been made. (b) Periodic statements. You will receive a monthly account statement.
STOP PAYMENTS ON PRE-AUTHORIZED TRANSFERS
If you have made arrangements to make regular payments from your account, you can stop any of these payments. Here's how: Call us at (260) 482-3334, or write us at 1104 Medical Park Drive; Fort Wayne, IN 46825, 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 days after you call. We will charge you twenty-five dollars ($25) for each stop payment order you give.
If these regular payments vary in amount, the company you are going to pay will notify you, ten days before each payment, when it will be made and how much it will be.
If you order us to stop one of these payments 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.
Pre-authorized transfers that are returned to the Federal Reserve Bank due to insufficient funds in your account, will be assessed a thirty ($30) dollar fee for each item returned.
CHOICE OF LAW
We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing House ("ACH") Operators and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of New York as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.
NOTICE OF RECEIPT OF ACH ENTRIES
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, MidWest America is not required to give next day notice to you of receipts of an ACH entry and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Credit given by MidWest America to you with respect to an automated clearing house credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry [i.e., the originator of the entry] shall not be deemed to have paid you the amount of such entry.
MIDWEST AMERICA FEDERAL CREDIT UNION'S 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 will be liable for losses or damages. However, there are some exceptions. We will NOT be liable, for instance: if, through no fault of ours, you do not have enough money in your account to make the transfer; if the transfer would go over the credit limit on your overdraft line; if circumstances beyond our control (such as fire, flood, or mechanical failures) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions stated in our agreement with you.
In case of Errors or Questions About Your Electronic Transfers, telephone us at (260) 482-3334, or write us at 1104 Medical Park Dr; Fort Wayne, IN 46825, as soon as you can, if you think your statement or receipt is wrong, or if you need more information about the transfer listed on the statement or receipt. We must hear from you no later than sixty days after we sent the first statement on which the problem or error appeared. (1) Tell us your name and account number. (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 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 forty-five days to investigate your complaint or question. If we
decided 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 ten 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. Our business hours are:
Mon - Thurs 9 AM to 5 PM, Fri 9 AM to 5:30 PM. Holidays are not included.
Home Mortage Disclosure Act Notice
The HMDA data about our residential mortgage lending are available for review. The data show geographic distribution of loans and applications; ethnicity, race, gender, and income of applicants and borrowers; and information about loan approvals and denials. Inquire at any of our offices regarding where HMDA data may be inspected.