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ABILENE TEACHERS FEDERAL CREDIT UNION
TERMS, CONDITIONS, AND DISCLOSURES
FOR HOME BANKING SERVICES

(Please read these Terms, Conditions, and Disclosures before applying for Home Banking Services with Abilene Teachers Federal Credit Union. If you wish to apply for Home Banking Services, please indicate your acceptance of these Terms, Conditions, and Disclosures where indicated at the bottom of the page.)

  1. General. The terms, conditions, and disclosures which appear below apply to Abilene Teachers Federal Credit Union's Home Banking Services (the "Services"). If you apply for one or more services, you agree that your use of the Services will be governed by the terms of your Account Agreement, these Terms, Conditions, and Disclosures, and any additional terms, conditions, or disclosures that may be provided to you when your application is approved. In these Terms, Conditions, and Disclosures the words, "we," "us," "our," and "Credit Union" refer to Abilene Teachers Federal Credit Union. "You" and "your" refer to each person who applies for one or more of the services, and each Account owner or other person authorized to transact business on any Credit Union account which may be accessed by way of the Services.

  2. Computer Equipment and Software. You will need to have a personal computer, modem, an Internet service provider and a browser such as Microsoft Internet Explorer 5.5 or higher or Netscape Navigator 6.0 or higher to access the Services. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone company or Internet service provider.

    THE CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, OR SOFTWARE, OR WITH RESPECT TO YOUR INTERNET SERVICE PROVIDER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    We are not responsible for any loss, damage or injury, whether caused by your equipment or software, the Services, or any technical or editorial errors contained in or omissions from any user guide related to the Services. We will not 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 or the Services, except where the law requires a different standard. You agree to be bound by and to comply with any requirements in any user's guide, instructional manual, or other instructions which we may provide to you in connection with the Services.

  3. Additional Services. We may introduce new Services or enhance the existing Services from time to time. We will notify you when these new or enhanced Services are available. By using these Services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures as well as any additional terms, conditions, and disclosures we provide to you.

  4. Overdrafts. You agree that your use of the Services and your User ID and Personal Identification Number ("PIN") shall be subject to the Overdraft and Overdraft Protection provisions set forth in the Account Agreement.

  5. PIN Security. You agree to keep your PIN in confidence, to refrain from disclosing your PIN to any third party and to refrain from recording or displaying your PIN in such a manner that it will be accessible by third parties. You agree that the use of the PIN by you, any other applicant, any party to any of your Accounts which may be accessed by the PIN, anyone you permit or authorize to use your PIN, and anyone to whom you disclose your PIN or give access to your PIN shall be deemed an authorized use for which you shall be liable. You will be responsible for reporting the loss, theft, or compromise of your PIN to us as soon as possible after the loss, theft, or compromise.

  6. Electronic Communication.
  7. You expressly agree that we may send any required disclosures of information to you by electronic communication. The term "electronic communication" means a message transmitted electronically in a format that allows visural text to be displayed on electronic equipment such as a personal computer monitor.

  8. Stop Payment. When you arrange for a Service, you acknowledge and agree that you may not stop payment of account transfers initiated through your use of the Services; provided, however, that under certain conditions you may stop payment of certain pre-authorized payments through our bill paying services. See the disclosures appearing below for more information concerning your right to stop payment of pre-authorized transfers.

  9. Termination of Home Banking Services. You agree that we may terminate this Agreement and your use of the Services if you or any authorized user of your Account or your PIN fail to comply with the terms and conditions set forth in this Agreement, or in any other Agreement you have with us, or if we have reason to believe that there has been or may be any unauthorized use of your Account or your PIN. You or any other party to your Account can terminate this Agreement and the Services by notifying us in writing. Termination will be effective on the first business day following our receipt of your written notice. However, termination of this Agreement or the Services will not affect the rights and obligations of the parties to this Agreement for transactions initiated prior to termination. Notwithstanding your termination of this Agreement or the Services, you will remain responsible for any transactions initiated by any person to whom you have furnished your PIN. In addition, be sure to cancel all outstanding bill payment orders before you notify us that you are terminating this Agreement or the Services. We will not be liable for payments that you fail to cancel, or that were made because you failed to notify us promptly that you were terminating the Services.

  10. Amendments to this Agreement. We reserve the right to amend this Agreement and to change the terms and conditions governing our Home Banking Services at any time subject to such notice as may be required by applicable law. Your use of the Services following receipt of any such notice will constitute your acceptance of any such change. Your use of the Home Banking Services is subject to existing regulations governing your Accounts and any future changes to those regulations.

  11. Enforcement and Governing Law. You agree to be liable to us for any liability, loss or expense which we may incur as a result of any dispute involving your Accounts or the Services. You authorize us to deduct any such liability, loss or expense from your Account without prior notice to you. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Texas, and by the bylaws of Abilene Teachers Federal Credit Union as they now exist or may be hereafter amended. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement will prevail to the extent that any such law, regulation or rule may be modified by agreement between us.

  12. Inactive Home Banking Accounts. If you have not used your home banking account for a period of 180 consecutive days, we may choose to deactivate your home banking access. (In no way does this affect your ability to access your accounts in person or on the phone.) You can re-activate your online account at any time by signing back on as a new user.

ELECTRONIC FUND TRANSFER DISCLOSURES

The following disclosures provide important information concerning your rights and responsibilities when you make transfers to and from your Accounts using the Services.

  1. Contact in Event of Unauthorized Transfer. If you believe your PIN has been lost, stolen, compromised, or that someone has transferred or may transfer money from your Account without your permission, call or write to us at:

    Abilene Teachers Federal Credit Union
    P.O. Box 5706
    Abilene, TX 79608
    (325) 677-2274 or (800) 677-6770

  2. Transfer Types and Limitations.
    1. Account Access Services. The following transactions are available through the Services:
      • Perform Account balance inquiries and transaction history inquiries
      • Transfer funds between your Accounts with the same member number including loan payments
      • Transfer funds to another member number
      • Download your Account information to Quicken or Microsoft Money financial software programs
      • Make bill payments to designated merchants, persons or entities permitted by the Credit Union
      • Obtain information (payee, payment status, etc.) about your bill payments
      • Communicate with us using E-mail
      • Conduct other transactions permitted by Abilene Teachers Federal Credit Union

      Transactions involving your Accounts, including Share Draft (Checking) Account stop payment requests, will be subject to the terms of your Account Agreement.

    2. Bill Payments. Bill payments may be transacted from your Share Draft (Checking) Account only. You may not make bill payments to governmental agencies or courts, or to payees outside of the United States. We reserve the right to refuse to pay any payee to whom you direct a payment. If we decide to refuse to pay a payee, we will notify you promptly except in the case of payments directed to governmental entities or foreign payees as set forth above.

      By providing the Services with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Services to follow the payment instructions that it receives from you. When the Services receives a payment instruction from you, you authorize the Services to debit your Checking Account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible.

      It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. When you initially set up each of your bill payment payees, the system will notify you whether a payment or payments to the payee will be made by means of an electronic payment or by paper draft. Because of circumstances beyond our control, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to be credited by your payee to your account. For that reason, you must schedule all payment dates at least three business days before the actual payment due date if the bill payment will be transmitted by us electronically, and at least five business days before the actual payment due date if the bill payment will be transmitted by us by means of a paper draft. You are responsible for any late payments or finance charges that may be assessed by your payee as a result of late payment if you do not comply with this procedure. When you designate a payment date for a bill payment, your payment will be sent to the merchant, institution or individual on the date you select or the next business day if that date falls on a weekend or a holiday. Payments will be posted to your account within two business days of the date that the payment was sent to the merchant, institution or individual. Please consult your Abilene Teachers Federal Credit Union Bill Payment User Guide for more information concerning scheduling of bill payments.

    3. Limitations on Transfers from Your Credit Union Share Accounts. Electonic drafts cannot be made from Share (savings) Accounts.

  3. Fees. There is no fee for account access. Effective May 1, 2005 the Bill Payment Service is also free. Pricing for all fee associated Services is subject to change.

    Bill payment services are administered by a third-party organization. They charge a $25.00 fee for each non-sufficient funds (NSF) entry resulting from your use of the Services. This charge is in addition to the $20 NSF fee assessed by Abilene Teachers FCU. You agree to pay the NSF fees even if a payment is not returned but is paid and overdraws your Share Draft (Checking) Account.

    You understand that if you do not have sufficient funds in your Account, you are responsible for making alternate arrangements for the payment or rescheduling the payment through the Services. We reserve the right to suspend your access to the Services until all non-sufficient funds issues have been resolved.

    There is a $25.00 fee for each stop payment order you make in connection with the Services.

    You agree to pay the fees and charges set forth above, and authorize the Services to charge your Share Draft (Checking) Account for these amounts and any additional charges that you may incur. These fees are subject to change at any time.

  4. Business Days. Our business days are Monday through Friday except for federal holidays.

  5. Documentation. You will receive a confirmation screen with reference information after every transfer you make. You may save or print this information for your records. All payments and transactions made using the Services will be listed on your monthly Account statement that you receive from us.

  6. Confidentiality.We will disclose information to third parties about your Account or the transfers you make:
    • Where it is necessary for completing transfers, or
    • In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
    • In order to comply with government agency or court orders, or
    • If you give us your written permission
  7. Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting. If you believe your PIN has been lost, stolen or compromised, you should change your PIN immediately using the Services.

    Tell us AT ONCE if you believe your PIN has been lost, stolen, or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit, if any). If you tell us within two business days, you can lose no more than $50 if someone used your PIN without your permission.

    If you do NOT tell us within two business days after you learn of the loss or theft of your PIN, and we can prove we could have stopped someone from using your PIN 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 sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

    If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

  8. Pre-authorized Payments.
    1. Right to Stop Payment and Procedure for Doing So. If you have arranged to have regular payments made from your Account, you can stop any of these payments by calling or writing to us at the number and address listed in Section 10 below.

      You must notify us in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. A fee as set forth above in Section 3 or any amendment thereto will be imposed for each stop payment order you give.

    2. Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before each payment when it will be made and how much it will be unless you have agreed with the merchant to receive notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.

    3. Liability for Failure to Stop Payment of Pre-authorized Transfers. 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.
  9. Credit Union Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

    • If, through no fault of ours, you do not have adequate funds in your Account to complete a transaction, your Account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
    • If you used the wrong access code or you have not properly followed any applicable computer, Internet access, or user instructions for making transfer and bill payment transactions.
    • If your computer fails or malfunctions or the Abilene Teachers Federal Credit Union Home Banking service was not properly working and such problem should have been apparent when you attempted such transaction.
    • If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent making the transaction.
    • If the funds in your Account are subject to an administrative hold, legal process or other claim.
    • If you have not given us complete, correct and current instructions so that we can process a transfer or bill payment.
    • If the error was caused by a system beyond our control, such as that of your Internet service provider.
    • If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
    • If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.
    • If there are other exceptions that we may establish from time to time.

  10. In Case of Errors or Questions about Your Electronic Transfers.

    Call us at: (325) 677-2274 or (800) 677-6770

    Or write us at:

    Abilene Teachers Federal Credit Union
    ATTN: Accounting
    P.O. Box 5706
    Abilene, Texas 79608

    as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we send you the FIRST statement on which the problem or error appeared.

    1. Tell us your name and Account number (if any).

    2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

    3. Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

    We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account.

    If you give notice of an error within 30 days after the first deposit to an Account is made, we will tell you the results of our investigation within 20 days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 90 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 20 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.

    We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

    If there is an error on an electronic transfer made through our bill paying service contact Electronic Payment Services at 1 (800) 823-7555 for error resolution.



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