Evansville Federal Credit Union
e-Banking and e-Bill Pay Agreement & Disclosure

This e-Banking & e-Bill Pay Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the e-Banking service or the e-Bill Pay service ("Services"). It also describes the rights and obligations of Evansville Federal Credit Union ("Credit Union"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.

I. Definitions
The following definitions apply in this Agreement:

  1. "Authorized Representative" refers to a person with authority (with respect to the account);
  2. "e-Bill Pay" is the online service that enables the scheduling of e-Bill Pays using a personal computer;
  3. "ISP" refers to your Internet Service Provider;
  4. "e-Banking" is the internet-based service providing access to your Credit Union account(s);
  5. "Online Account" means the Credit Union account from which you will be conducting transactions using a Service;
  6. "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
  7. "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
  8. "Time of day" references are to Central Standard Time;
  9. "User ID" is the Credit Union-generated identification code assigned to you for your connection to the Service;
  10. "We", "us", or "Credit Union" refer to Evansville Federal Credit Union which offers the Services and which holds the accounts accessed by the Services; and
  11. "You" or "your" refers to the owner of the account or the authorized representative.
  12. "Business Days" refers to a calendar day other than a Saturday or Sunday and any Federal Reserve Holiday.

II. Access to Services
The Credit Union will provide instructions on how to use the e-Banking and e-Bill Pay Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.

III. Credit Union Transactions with e-Banking

  1. Account Access. Transfer money, check account balances, view share draft checking histories, pay loan payments. NOTE: Because regulations require the Credit Union to limit preauthorized transfers (including e-Banking transfers), the following limitations apply:
    1. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your Savings, Club and Money Market Savings accounts will be limited to a total of six (6) in any one month.
  2. Additional Services. New services may be introduced for e-Banking from time to time. The Credit Union will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

IV. Schedule of Fees
The Credit Union offers the benefits and convenience of the e-Banking Service to you free. e-Bill pay is free to members with Choice Checking Accounts. For members with Business Checking accounts, e-Bill Pay is free up to10 bills per month and $.55 per bill over 10. EFCU checking account required. From time to time, the charges may be changed. We will notify you of any changes as required by law.

V. Statements
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If you have opted to receive e-Statements, you will no longer receive a hard copy statement.


VI. Use of Your Security Password
You are responsible for keeping your password and online account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Credit Union immediately at 812-424-2621 between the hours of 9:00 a.m. to 5:00 p.m., Monday through Thursday, until 5:30 p.m. on Friday, and between 9:00 a.m. and noon on Saturday. Telephoning the Credit Union is the best way of minimizing your losses and liability. (See; Section XI)If you believe your Password has been lost or stolen, please use the Password change feature within the e-Banking section of the Web site to change your Password.

VII. Electronic Mail (E-mail)
If you send the Credit Union an e-mail message, the Credit Union will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

NOTE: E-mail transmissions outside of the e-Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system.


VIII. e-Bill Pay Services

  1. Description of Service. The e-Bill Pay Service permits you to use your Internet-enabled device to direct payments from your designated online e-Bill Pay Account to third parties you wish to pay. Your e-Bill Pay Account must be a primary checking account. Through the e-Bill Pay Service, you can pay bills from your e-Bill Pay Account to businesses or individuals. All payments you make will be deducted from the checking account that you designate as your e-Bill Pay Account for the e-Bill Pay Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the e-Bill Pay Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
  2. Scheduling Payments. Funds must be available in your e-Bill Pay Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your e-Bill Pay Account the following business day (e.g. Monday). After funds are withdrawn from your e-Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check. You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the e-Bill Pay Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee. For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the e-Bill Pay Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Credit Union will work with the payee on your behalf to reverse any late fees or charges.
  3. No Duty to Monitor Payments. The Credit Union is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Credit Union will not be liable in any way for damages you incur for any of the following reasons:
    1. insufficient funds in your e-Bill Pay Account to make the payment on the processing date;
    2. delays in mail delivery;
    3. changes to the payee's address or account number unless we've been advised of the change in advance
    4. the failure of any payee to correctly account for or credit the payment in a timely manner, or
    5. any other circumstances beyond the control of the Credit Union.


If the session during which you schedule a payment or transfer ends by 4:00 p.m. CST, the Credit Union will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the e-Banking Service will be considered the official time of the transaction.

If your e-Bill Pay Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the e-Bill Pay Service will automatically block future e-Bill Pay Service until the account has sufficient funds to make the payment. The Credit Union will attempt to notify you by e-mail or U.S. Postal Mail, but the Credit Union shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting the bill payment service provider (Checkfree) to either make alternate arrangements for the payment or reschedule the payment through them. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.

IX. Business Accounts
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

X. Term and Termination

  1. Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
  2. Termination for Cause. We may immediately terminate your electronic Branch privileges (including the e-Bill Pay Service) without notice to you under the following circumstances:
  3. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

  4. Termination for Convenience. To terminate this Agreement, you must notify the Credit Union and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s) When e-Bill Pay is terminated, any prescheduled bill payments made through e-Banking will also be terminated. Your final charge for the e-Bill Pay service will be assessed at the end of your statement cycle. You may notify the Credit Union by one of the following methods:


If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

XI. Electronic Fund Transfer Provisions For Consumers

  1. Applicability. These provisions are only applicable to online electronic fund transfers which credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Credit Union may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
  2. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
    1. If you notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less
    2. If you fail to notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of:
      • $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and
      • The total of authorized EFTs which occur during the two (2) days before notification to the Credit Union, provided the Credit Union establishes that these EFTs would not have occurred had the Bank been notified within that two-day period.
    3. You must report an unauthorized EFT which appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above.
    4. If the report is made orally, we will require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
    5. You may notify the Credit Union by telephone or writing. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.
  3. Telephone Numbers and Addresses. In case of errors or questions regarding an e-Banking transaction, call 812-424-2621 or write us at: Attn: e-Banking Services, PO Box 0651, Evansville, IN 47704-0651. We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
  4. If you have a question regarding an e-Bill Pay transaction, please call Checkfree at 877-370-1783, or follow the inquiry instructions provided within the e-Bill Pay service.

    XII. Liability

    1. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your e-Banking or e-Bill Pay services accounts. Unless otherwise required by applicable law, we are only responsible for performing the e-Banking and e-Bill Pay services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
    2. We will not be liable to you in the following instances:

      1. If through no fault of the Credit Union, you do not have enough money in your account to make the transfer.
      2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
      3. If there is a hold on your account, or if access to your account is blocked, in accordance with Credit Union policy.
      4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
      5. If your transfer authorization terminates by operation of law.
      6. If you believe someone has accessed your accounts without your permission and you fail to notify the Credit Union immediately.
      7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
      8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
      9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

      IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

    3. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an e-Banking or e-Bill Pay account.
    4. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an e-Banking or e-Bill Pay account.
    5. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your computer using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

    XIII. General Terms and Conditions

    1. Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the e-Banking Service or the e-Bill Pay Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your e-Bill Pay Account each month.
    2. Changes and Modifications. The Credit Union may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
    3. Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
    4. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
    5. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
      1. where it is necessary for the provision of e-Banking and for completing 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 or court orders, or other reporting requirements;
      4. if you give us your permission;
      5. to the Credit Union affiliated companies.
    6. Governing Law. This Agreement is governed by the laws of the State of Indiana and applicable federal law.


TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS

"Service" means the bill payment service offered by Evansville Federal Credit Union, through CheckFree Services Corporation.

"Agreement" means these terms and conditions of the bill payment service.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment.  Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.  When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day.  If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date.  Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account.  The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system.  In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.  You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly.  However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller.  These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application.  There is no charge for canceling or editing a Scheduled Payment.  Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared.  The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed.  If you desire to stop any payment that has already been processed, you must contact Customer Service.  Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so.  The Service may also require you to present your request in writing within fourteen (14) days.  The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk.  In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments.  The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service.  The Service has no obligation to research or resolve any claim resulting from an exception payment.  All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements.  In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller.  Any changes will need to be made by contacting the Biller directly.  Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites.  You also agree not to use someone else's information to gain unauthorized access to another person's bill.  The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information.  The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller.  Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller.  While your electronic bill feature is being activated it is your responsibility to keep your accounts current.  Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf.  For some Billers, you will be asked to provide us with your user name and password for that Biller.  By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Service will use its best efforts to present all of your electronic bills promptly.  In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account.  It is your sole responsibility to ensure that this information is accurate.  In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills.  The time for notification may vary from Biller to Biller.  You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time.  You may cancel electronic bill presentment at any time.  The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller.  It may take up to sixty (60) days, depending on the billing cycle of each Biller.  The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.  The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s).  You are responsible for ensuring timely payment of all bills.  Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s).  The Service is only responsible for presenting the information we receive from the Biller.  Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals.  You are responsible for all payments you authorize using the Service.  If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize.  If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 877-370-1783 during customer service hours. 

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission.  If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.  If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once.  If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.  If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  1. Telephone us at 877-370-1783 during customer service hours;
  2. Contact us by using the application's e-messaging feature; and/or,
  3. Write us at:

    CheckFree
    PO 182477
    Columbus, OH 43218-2477

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears.  You must:

  1. Tell us your name and Service account number;
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification.  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.  However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation.  If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error.  If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account.  If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation.  You may ask for copies of documents used in our investigation.  The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential.  However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle.  There may be a charge for additional transactions and other optional services.  You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you.  Any financial fees associated with your standard deposit accounts will continue to apply.  You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account.  If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.  In some instances, you will receive a return notice from the Service.  In such case, you agree that:

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time.  In such event, the Service shall provide notice to you.  Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s).  Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.  Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.  In addition, as part of the Service, you agree to receive all legally required notifications  via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate.  This includes, but is not limited to, name, address, phone numbers and email addresses.  Changes can be made either within the application or by contacting Customer Service.  Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files.  All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information.  The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

  1. Telephone us at 812-424-2621 during customer service hours; and/or
  2. Write us at:

    Evansville Federal Credit Union
    6209 Vogel Rd.
    Evansville,Indiana,47715

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service.  All Scheduled Payments including recurring payments will not be processed once the Service is cancelled.  The Service may terminate or suspend Service to you at any time.  Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment.  The Service will notify you promptly if it decides to refuse to pay a Biller designated by you.  This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full.  The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.  You may receive notification from the Service.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. If your account was added online the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you in order to verify ownership of the Payment Account(s) and/or Billing Account.   Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau.  In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement.  You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement.  If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party.  The Service may assign this Agreement to any future, directly or indirectly, affiliated company.  The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service.  No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.  To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.  Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.  IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Privacy Policy

At CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. ("CheckFree"), we know privacy is important to you. It is also vital to our business. This Privacy Policy describes the types of "Personal Information" (information that is identifiable to a particular person) that we collect in connection with products and services offered through the website at "www.evansvillefcu.org" (the "Site"), and explains how we safeguard your privacy as a user of those products and services. For more details on what your rights and obligations are when using the products and services offered on the Site, please refer to the Terms & Conditions found on the Site.

Coverage

CheckFree offers many products and services, some of which are available through other organizations such as banks, credit unions, brokerage firms, Internet portals, and others. This Privacy Policy applies only to electronic billing, electronic payment, and other products and services offered by CheckFree through the Site. CheckFree products and services offered through other organizations comply with the Privacy Policies of those organizations.

What Types of Personal Information We Collect

The Personal Information that CheckFree collects from or about you may include:

  1. Contact Information such as name, postal address, and e-mail address;
  2. Account numbers and other information on bills you would like to view online;
  3. Information about bank checking accounts and credit card accounts, if you decide to make payments from those accounts through the Site;
  4. Information maintained about you by consumer reporting agencies, including credit bureaus; and
  5. Information to help verify your identity and authenticate your access to your information, products and services at the Site, including a password, secret question and secret answer.

How We Collect Your Information

CheckFree may collect Personal Information about you from the following sources:

  1. Your enrollment applications, or similar forms;
  2. Your use of the Site and the products and services offered through it, including data transmitted to CheckFree through cell phones and other mobile devices;
  3. Companies that provide content, such as electronic bills, to the Site, or that use CheckFree's electronic billing and/or electronic payment services at their sites;
  4. Consumer reporting agencies; and
  5. Other sources, as allowed by law.

Cookies and Other Related Issues

When you visit the Site, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. This data does not identify you uniquely. However, it is used to assist in "authenticating" who you are when you access the Site.

We may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the products and services offered through it. This data is used to make the site design more efficient.

Like most websites, the Site also uses "cookies," which are small text files placed on your computer by the web server when you visit the Site. Most such cookies are "session" cookies that are only used for a specific period during which you are on the Site (such as when you are going through the authentication process or using webchat), but a few are "persistent" cookies that stay on your hard drive and are read by the web server when you return to the site. The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. Cookies cannot and will not be used to deliver or run programs on your computer. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you will not be able to sign in or use other interactive features of the Site that depend on cookies.

How We May Use and Disclose Your Personal Information

Evansville Federal Credit Union treats your Personal Information as confidential. Evansville Federal Credit Union does not sell or rent your Personal Information. Evansville Federal Credit Union does not share your Personal Information in a manner that differs from what is described in this Privacy Policy without your prior consent. We may use and disclose your Personal Information for the following purposes, including limited disclosures to nonaffiliated third-party service providers performing services on our behalf, and to certain other non-affiliated entities as described below:

  1. To complete transactions and render products and services authorized by you (such as sharing the information with an electric company or other biller as necessary to allow the biller to authenticate you, to pay a bill, and to send messages to you related to the authorized products and services);
  2. To send you information about additional products and services that have been or will be offered through the Site by Evansville Federal Credit Union and others; although you may opt out of receiving commercial email marketing messages from Evansville Federal Credit Union by following the opt-out processes described in those messages;
  3. To perform fraud screening, to verify your identity, determine your credit history, collect on accounts, furnish delinquent account information to credit reporting agencies, and verify the information contained in your account (such as sharing information with a credit reporting agency during the account enrollment process);
  4. To comply with laws and regulations, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend Evansville Federal Credit Union from claims, and to protect Evansville Federal Credit Union's rights and property, and as otherwise permitted by applicable law; and
  5. As otherwise authorized by you.

Access to Your Information

You may review and update the Personal Information maintained about you in the "My Profile" section of the Site at any time to ensure that it is accurate and up-to-date.

How We Keep Your Information Secure

To ensure that your Personal Information remains confidential, CheckFree uses Secure Sockets Layer (SSL) technology to transmit and receive your Personal Information in an encrypted form.

Additionally, we maintain physical, electronic, and procedural safeguards to help prevent unauthorized access to your Personal Information. We update and test our technology frequently to improve these protections and to ensure the integrity of your Personal Information.

CheckFree has policies and procedures that limit employee access to your Personal Information to those with a business reason to have such information. We educate our employees about the importance of confidentiality and customer privacy, and we take appropriate disciplinary measures to enforce our privacy practices.

Protection for Former Customers

We treat the Personal Information of our former customers with the same care and respect as that of our current customers.

Compliance with Applicable Laws

CheckFree complies with applicable laws and regulations pertaining to information about you, including U.S. federal laws pertaining to "nonpublic personal information" and "consumer report information." CheckFree uses and discloses those types of information only as permitted by applicable law and described in this Privacy Policy.

Keeping Up to Date with Our Privacy Policy

The most current Privacy Policy is kept posted on the Site. For a printed copy of the most current Privacy Policy you may contact us by mail, by telephone, or by e-mail at the addresses listed below.

Contacting Us

At CheckFree, your privacy and the protection of your Personal Information are central to our business. Our products and services are developed with your privacy and security as a priority. If you have any questions about this Privacy Policy, please contact us in one of the following ways:

In writing: CheckFree Services Corporation
ATTN: Privacy Management
4411 East Jones Bridge Road
Norcross, GA 30092
E-mail: privacy@customercenter.net
Telephone number: 1-800-564-9184