NOW Account fees	based on daily balance
$300.00 to $399.00	$1.00
$200.00 to $299.00	$2.00
$0 to $199.00	$3.00
Premium Checking fees
< $500.00	$5.00
Optimum Checking fees
<$5,000.00	$15.00

•Use at NON-MCU ATM	$1.00
•Card Replacement	$10.00
•ATM/Debit/Bill Payer Overdraft	$30.00
•Point of Sale (POS) transaction	$0.75
•Deposit of Empty Envelope	$20.00

•Annual Rental	$35 to $130
•Drilling of Box	$25+cost
•Lost Key	$16.00
•Late Fee	$10.00

•Abandoned Property	$50.00
•Tax/Levy Attachment	$30.00
•Copy of Check/Statement	$5.00
•Demand Statement (per page)	$1.00
•Overdraft Sweep	$5.00
•Coin Counting (members)	3.00%
•Coin Counting (non-members)	8.00%
•Research (per hour)	$25.00
•Wire Transfer
-Domestic	$20.00
-International	varied
-Incoming	$10.00
•Foreign Currency Exchange	$40.00
•Foreign Item Collection	varied
•Official Bank Check	$4.00
•Money Order	$3.00
•Temporary Checks	$1.00

This Agreement describes your rights and obligations as a user of the Online Banking Service and all other services made available online by Millbury Federal Credit Union, including without limitation the Online Bill Payment Service (“Service” or “Services”). It also describes the rights and obligations of Millbury Federal Credit Union. Please read this Agreement carefully. As an authorized account holder, you must abide by the terms and conditions of this agreement, and those provided to you at account opening, in order to use this Service. If you do not agree to these terms, do not complete your registration for the Services or use the Services.

MEMBER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS

By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Millbury Federal Credit Union for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.

You are also acknowledging receipt of the following information and agree that:

• You will check your e-mail regularly for Notices from Millbury Federal Credit Union.
• You will provide accurate, current and truthful registration information and contact information (including your e-mail address) and that you will keep this contact information up-to-date with Millbury Federal Credit Union.
• We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.
• We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as a part of the Services. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
• You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.
• If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, you may call Millbury Federal Credit Union at 508-865-7600, or write a letter and send it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

• You are able to access information that is provided in the same manner as the information and the Services via the Internet.

DEFINITIONS

The following definitions apply in this Agreement.

“Online Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.

“Online Account” is a Millbury Federal Credit Union account from which you will be conducting transactions using a Service.

“Business Day” refers to Monday through Friday, excluding holidays as determined by Millbury Federal Credit Union. All Online transaction requests received after regular banking hours or on a non-Business Day, will be processed immediately, but may not appear in the online history until the following Business Day.

Millbury Federal Credit Union Regular Banking Hours:
Monday through Wednesday 9:00 a.m. – 4:00 p.m.                                                                               Thursday 9:00 a.m. – 5:00 p.m.                                                                                                               Friday 9:00 a.m. – 6:00 p.m.                                                                                                                       Saturday 9:00 a.m. – 12:00 p.m.

“Password” is a series of numbers, special characters and/or letters that you select after the initial sign-on that establishes your connection to the Service(s). Millbury Federal Credit Union will provide you with a code for use during the initial sign-on process.

“Time of day” references are to EST Standard Time.

“Millbury Federal Credit Union” “we,” “us” or “our” refer to Millbury Federal Credit Union or Credit Union, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.

ACCESS TO SERVICES

Millbury Federal Credit Union will provide online instructions describing how to use the Online Banking Service or Online Bill Payment Service. To gain access to this Service you will need your Access ID, your Password and Security questions.

HOURS OF OPERATION

The Service(s) are generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods, which are scheduled between 11:00 pm Wednesday to 5:00 am CT Thursday, and 11:00 pm Sunday to 5:00 am CT Monday. When this occurs the service(s) will not be available.

FEES

Currently there is no associated fee to access the Online Banking Service. Any fees associated with Bill Payment or TransferNow/External Payments will be presented prior to authorizing the payment. If and when fees are assessed a minimum of a 30-day notice will be given to Online Banking members.

USE OF YOUR SECURITY PASSWORD

The safety of our members’ accounts and account information is of paramount importance to Millbury Federal Credit Union. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your Millbury Federal Credit Union Access ID, up to the limits allowed by applicable law. While Millbury Federal Credit Union continues to provide our members with the level of online security, we believe necessary and appropriate, members who share their Access IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No representative from Millbury Federal Credit Union will ever call or e-mail and ask for your Access ID or User Password; however, if you contact Millbury Federal Credit Union you may be asked for your Access ID and other personal information to verify your identity.

LOST OR STOLEN PASSWORD

If your Password has been lost or stolen, call Millbury Federal Credit Union immediately at 508-865-7600 or your local branch during normal business hours. Telephoning Millbury Federal Credit Union is the best way of minimizing your losses— DO NOT USE EMAIL TO NOTIFY US. You may also restore the security of your Service by immediately changing your Password. If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.

BANKING TRANSACTIONS WITH ONLINE BANKING

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

• Transfer funds among your linked checking, savings, loans and line of credit accounts.
  • Passbook Savings Account– You may complete balance inquiries; however, you may only transfer funds into a passbook savings account.
  • External Transfers are Account to Account – the account must have the same name as the Millbury Federal Credit Union Account.

New services may be introduced for Online Banking from time to time. Millbury Federal 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.

ONLINE BILL PAYMENT (CHECKFREE) AND POPMONEY

Pay bills to third party vendors and persons online from your checking account. (Refer to Terms and Conditions from Online Bill Pay).

STATEMENTS

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE

If your statement shows transfers that you did not make, notify Millbury Federal Credit Union immediately at  508-865-7600, or write a letter and send it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

If you do not notify Millbury Federal Credit Union within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Millbury Federal Credit Union had been notified in time.

ERRORS AND QUESTIONS

In case of errors or questions regarding an Online Banking transaction, you may call Millbury Federal Credit Union at 508-865-7600, or write a letter and send it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

For errors or questions regarding Online Banking Bill Pay payments, you may call CheckFree Customer Service at 855-817-2649.

We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:

• Your name and account number.
• A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
• The dollar amount of the suspected error.
• The date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (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 ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.

If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.

If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.

You agree that Millbury Federal Credit Union may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Millbury Federal Credit Union shall be considered received within three (3) Business Days of the date sent by Millbury Federal Credit Union, regardless of whether or not you sign on to the Service within that time frame.

LIMIT OF MILLBURY FEDERAL CREDIT UNION’S RESPONSIBILITY

Millbury Federal Credit Union agrees to make reasonable efforts to ensure full performance of Online Banking and Bill Pay. Millbury Federal Credit Union will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the Credit Union has no direct control. This includes but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Millbury Federal Credit Union is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information you receive from Millbury Federal Credit Union is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Millbury Federal Credit Union is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Millbury Federal Credit Union is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking and Bill Pay. Millbury Federal Credit Union will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of Millbury Federal Credit Union’s liability shall be as expressly set forth herein. Under no circumstances will Millbury Federal Credit Union be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all rights to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

MILLBURY FEDERAL CREDIT UNION’S RESPONSIBILITY

Millbury Federal Credit Union will be responsible for your losses, as allowed by law, if they were directly caused by our failure to:

• Complete an Electronic Funds Transfer as properly requested.
• Cancel an Electronic Funds Transfer as properly requested.

However, we will NOT be responsible for your losses if:

• Through no fault of Millbury Federal Credit Union, you do not have enough money in your account to make the transfer.
• Through no fault of Millbury Federal Credit Union, the transaction would have caused you to exceed your available credit.
• Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
• There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
• Your funds are subject to legal process or other encumbrance restricting the transfer.
• Your transfer authorization terminates by operation of law.
• You believe someone has accessed your accounts without your permission and you fail to notify Millbury Federal Credit Union immediately.
• You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service.
• For the failure of any payee to correctly account for or credit the payment in a timely manner.
• We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
• For changes to the payee’s address or account number (unless you have advised us of the change within three (3) Business Days in advance).
• 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.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

STOP PAYMENT TERMS AND CONDITIONS

Before placing your stop payment, verify the check(s) has (have) not cleared your account. Checks can only be returned if they have not cleared the account. The system will not automatically verify this. The stop will be placed immediately and a fee will be charged to your account according to the Millbury Federal Credit Union current fee schedule.

In requesting the Millbury Credit Union to stop payment on this or any other item you agree to hold the Credit Union harmless for all expenses and costs incurred by you on account of refusing payment of said item. By placing and confirming a stop payment through Retail Online Banking, you further agree not to hold the Credit Union liable on account of payment contrary to the request if same occurs through inadvertence, accident, or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. No stop payment request renewal or revocation thereof heretofore or hereafter given orally or by e-mail shall be valid unless subsequently served in writing with an authorized signature to the Credit Union within 14 days. A written request is effective for only six months unless renewed in writing.

Please contact our Member Service staff at 508-865-7600 or any other branch office for additional information.

ELECTRONIC MAIL (EMAIL)

If you send Millbury Federal Credit Union an electronic mail message through the Service, Millbury Federal Credit Union will be deemed to have received it on the following Business Day.  Do not send a full account number or tax ID number through email.

Emails will be answered within a reasonable timeframe.

You should not rely on electronic mail if you need to communicate with Millbury Federal Credit Union immediately (e.g., 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).

You agree that Millbury Federal Credit Union may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Millbury Federal Credit Union shall be considered received within three (3) days of the date sent by Millbury Federal Credit Union, regardless of whether or not you sign on to the Service within that time frame.

OTHER AGREEMENTS

In addition to this Agreement, you and Millbury Federal 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 Online Banking service or the Online Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Millbury Federal Credit Union, 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 at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.

MODIFICATIONS TO THIS AGREEMENT

Millbury Federal Credit Union may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. 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.

DISCLOSURE OF INFORMATION TO THIRD PARTIES / PRIVACY POLICY

A copy of Millbury Federal Credit Union’s Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling Millbury Federal Credit Union at 508-865-7600, or writing a letter and sending it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

You can also access our Policy online by clicking on the Privacy Notice link on the Millbury Federal Credit Union Website (www.millburycu.com). By registering for the Services as a new member, or registering for a new Service, or continuing to use the Services following your registration, you authorize the collection, use, and disclosure of personal information by Millbury Federal Credit Union as provided under the then-current Millbury Federal Credit Union Consumer Privacy Statement.

INACTIVITY / TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Online Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

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 180-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.

To cancel the Online Banking and/or Online Bill Payment Service, you must notify Millbury Federal Credit Union in writing. Your notification should include your name, address and the effective date to stop the service(s). When Online Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. These written requests should be mailed to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

GOVERNING LAW

This Agreement is governed by the laws of the State of Massachusetts and applicable federal law(s).

FEE SCHEDULE

Millbury Federal Credit Union offers the benefits and convenience of the Online Banking and Online Bill Pay service to you at no monthly charge. Account research, stop payment charges, and overdraft charges will be assessed at the rates published in Millbury Federal Credit Union’s brochure and applicable account disclosures and deducted from the associated account or another account you hold at Millbury Federal Credit Union.

These fees are subject to change. Millbury Federal Credit Union will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

TRANSFERNOW TERMS OF SERVICE

GENERAL TERMS FOR EACH SERVICE

1. Introduction. This Terms of Service document (hereinafter “Agreement”) is a contract between you and Millbury Federal Credit Union (hereinafter “we” or “us”) in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a “Service”) offered through our online banking site or mobile applications (the “Site”). The Agreement consists of these General Terms for Each Service (referred to as “General Terms”), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a “Definitions” Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.
3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.
4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: 50 Main Street, Millbury, MA 01527. We may also be reached at 508-865-8714 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
9. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
12. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
2. Payments that violate any law, statute, ordinance or regulation; and
3. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
6. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
7. Tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.
16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service 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 payments 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 will extend the time periods specified above to a reasonable period.
17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
19. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
20. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;

1. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
21. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
22. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
23. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
24. Errors, Questions, and Complaints.

1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
2. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
   1. Tell us your name;
   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.
3. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, 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 Eligible Transaction 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 Eligible Transaction 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. We may revoke any provisional credit provided to you if we find an error did not occur.

23. Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.
25. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
26. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
27. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.
28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
29. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of law’s 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. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 28 of the General Terms above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 28 of the General Terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
30. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.
31. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
32. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.
33. Exclusions of Warranties. THE SITE AND 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
34. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
35. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
36. Definitions.

1. “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
2. “Affiliates” are companies related by common ownership or control.
3. “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
4. “Eligible Transaction Account” is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
5. “Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
6. “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
7. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS

1. Description of Service, Authorization and Processing.

1. The term “Transfer Money Terms” means these Account-to-Account Transfers Additional Terms. The Account-to-Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the “Service”) enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
2. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
3. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
4. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
   1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
   2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
   3. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
   4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
   5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
5. It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

2. Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).
4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 22 of the General Terms. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 18 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
7. Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.
8. Definitions

“Account” means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

“Eligible Transaction Account” is as defined in Section 36 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.

“External Account” is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.

“Transfer Instruction” is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of fund.

Last updated: March 1, 2022

This Business Online Banking Services Master Agreement (“Agreement”) contains the terms and conditions (referred to herein as these “Terms”) that apply to the business banking services that the member (referred to herein as “you”) may obtain from Millbury Federal Credit Union (referred to herein as “we”, “us” or “bank”).  This Agreement may be supplemented by completed enrollment forms that we accept from you and such accepted enrollment forms will be considered part of these Terms (enrollment forms may, for example, permit you to select from among various optional product features). This Agreement is to be read in conjunction with the Business Deposit Account Agreement which contains general terms governing your deposit accounts, as well as the Online Banking and Business Online Bill Pay Terms & Conditions which govern access to certain business services. In the event of a conflict between these Terms and the Business Deposit Account Agreement, whichever provision is more protective of us shall control. Your request or use of any of the business banking services covered by this Agreement constitutes your agreement to and acceptance of these Terms. Please read this Agreement carefully and keep it for your records.

DEFINITIONS

• Services: The business online banking services which include those available through this Agreement and other agreements noted herein.
• Electronic Communications: Communications which include, but are not limited to, the registered email address of you or your Personnel, messaging within the Service, SMS or other text messaging to the registered mobile device of you or your Personnel, messages provided on e-Statements, or other similar methods.
• Personnel: Those individuals (officers, directors, partners, employees, agents, representatives, and contractors, including persons granted signature authority on your accounts and personnel) who are permitted to give us instructions with respect to transactions processed here under.
• Secure Tokens: A security device that may be required for access and for Specific Services. The Secure Token will be provided as either a virtual token or physical token.  The cost of each token with be a onetime fee of $20.00.
• Effective Date: The Banking Day specified by the originator on which it intends a batch of entries to be settled.
• Specific Services: Those services as defined later in this Agreement.

GENERAL TERMS

Services That We Provide.

You may decide which of our Services you wish to receive. Some Services may require the completion of an application or enrollment form. All the Services listed below under “Specific Services” are covered by this Agreement. Applications, enrollments and requests are subject to our approval. Covered services that you have requested and we have approved are included in the term “Services.”

CONSENT TO ELECTRONIC DISCLOSURES, COMMUNICATIONS, AND TRANSACTIONS.

I consent to do business by electronic means concerning the Service and transactions conducted through the Service. Your consent includes, but is not limited to, receiving communications such as this agreement or other notices via Electronic Communication instead of in writing. Your continued use of the Service or continued use by your Personnel, constitutes acceptance of the communications. You are solely responsible for notifying Credit Union of any changes in electronic addresses for you or any of your Personnel. You shall notify the Credit Union of electronic address changes by contacting us at Millbury Federal Credit Union, Attn: Member Services Dept., 50 Main Street,  Millbury, MA 01527-0032, or [email protected], or 508-865-7600, or via any online portal that we may make available through the Service for purposes of updating your profile or of the profile of your Personnel.

You agree that we may communicate with you by any means that we deem reasonable, including notice in your account statement or notice electronically. We may monitor and record all communications (including electronic transmissions and telephone conversations) between us and you.

You represent and agree that you are able to view, print, and/or save a copy of Electronic Communications that are sent to you at any of the foregoing electronic addresses (including PDF attachments to emails). All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address currently in our records. Notices and disclosures may also appear on your account statements or within the Service. Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. You may, without charge, request a paper copy of an individual notice or disclosure by contacting the Member Services Dept., 50 Main Street, Millbury, MA 01527-0032, or [email protected], or 508-865-7600.

Electronic Communications To Us.

If you use Electronic Communications to contact us, it should only be used for general, non-urgent communications. We caution you against using Electronic Communications for transmitting sensitive or confidential information. You should not rely on Electronic Communications for time-sensitive notices. In any event, we will not take action based on an Electronic Communication request until we actually receive your message and have a reasonable opportunity to react.

Changes.

You acknowledge and agree that the Services (including access requirements, Service features and our Processing Schedule) and the systems we use to provide Services may change over time and that we may use Electronic Communications to notify you any Service changes or changes to this Agreement. If we believe such a change will have a material impact on you, we may give you thirty (30) days advance notice of the change, unless a shorter notice period is required to prevent loss to you or us or unless the change is based on a change in law. You will be deemed to have consented to the change by using the Services after the effective date stated in the notice. If you do not agree with a change, you may terminate this Agreement prior to the change taking effect or in accordance with the paragraph on “Termination of Services” below (and changes which have a material adverse effect on you will be considered to provide cause for termination).

Termination of Services.

You may terminate receiving some or all of the Services whenever you choose by contacting us at, Millbury Federal Credit Union, Attn: Member Services Dept., 50 Main Street, Millbury, MA 01527-0032, or [email protected], or 508-865-7600. We may terminate providing some or all of the Services whenever we choose. In this case, we shall notify you through Electronic Communications, in writing, or verbally at least thirty (30) days in advance, unless such termination is for cause. Cause will exist: (i) for either party, if the other party commits a material breach of these Terms and fails to cure the breach within ten (10) days after written notice; (ii) for either party, if a material adverse change occurs in the other party’s financial condition (including a bankruptcy, reorganization, or receivership proceeding); (iii) for us, if you no longer satisfy our underwriting or policy standards for the Services; (iv) for us, if you no longer have active accounts and/or have closed your relationships with us but did not notify us to close any Services; (v) for us, if you or your Personnel return a scanner provided by us and you are no longer using the service (via scanner or mobile device); (vi) for us, if you are no longer actively using the Service (generally defined as no consecutive use of the Service for a period of ninety (90) days); or (vii) for us, if your use of the Services creates a risk of loss to us (including a third party claim or a reputational injury resulting from the inappropriate use of our Services or your alleged violation of law).

Fees and Charges.

You agree to compensate us for Services rendered in accordance with our standard pricing schedules, as in effect from time to time. We shall endeavor to give you at least thirty (30) days’ notice prior to changing any of our fees, charges or assessments. Fee schedules are available at any branch office. Your use of the Service after receipt of such notice shall constitute your agreement to the changes in the applicable fees, charges or assessments. You agree that we may deduct our compensation from your account(s) with us. If you have made other payment arrangements with us, we will not make deductions from your account(s) unless those other arrangements fail to produce payments when required.

Reserve Amount.

You may be required to maintain a reserve amount in your account for purposes of offsetting any of your obligations under this Agreement. The required reserve amount will be determined by us in our sole discretion. If the reserve falls below the required amount, you agree to deposit sufficient funds immediately to replenish the reserve. Your obligation to maintain a reserve amount in your account shall survive the termination of this Agreement for a period of time to be determined by us in our reasonable discretion.

Our Standard of Care.

We have certain obligations to you under applicable law. In addition, we agree to use ordinary care in performing Services. That obligation shall be measured by the reasonableness of banking procedures established for the transaction involved and general banking usage in the local area served by us. Clerical error, inadvertence or oversight, or an honest mistake of judgment shall not constitute a failure to exercise ordinary care.

Our Liability.

We have certain obligations under the Uniform Commercial Code (“UCC”) to re-credit your account for the amount of any item charged thereto which was not properly payable. We also may have other liability to you imposed by statute which cannot be waived. Except for the liability referenced in the preceding two sentences, our liability for any loss or damage for any cause whatsoever (including liability arising out of this Agreement or our Services) shall be limited to liability for direct damages caused by our material breach of this Agreement. Our cumulative aggregate liability shall not under any circumstances exceed the total fees paid to us for the Services involved in the breach for the three (3) months preceding the breach. IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose. Services are not guaranteed to be free from error or interruption. Your remedies herein are exclusive and in lieu of all other remedies in law or equity.

Your Remedies.

You agree to notify us promptly if you believe we have failed to fulfill our obligations to you. If we are unable to resolve your complaint, you may terminate receipt of any Service in accordance with the paragraph on “Termination of Services” above. If you prefer not to terminate, you agree to give us written notice of our failure, in which case we shall be afforded a reasonable opportunity to cure.

Your Obligations.

You are responsible for obtaining and maintaining any hardware, software, communications, encryption capability and trained personnel needed to access or use the Services (these are referred to as the “Access Requirements”) and you understand that the Access Requirements may change over time. You are responsible for protecting your systems against viruses and other unwanted functionalities and you agree to take reasonable efforts not to introduce the same to our systems. You are solely responsible for selecting the Services you need, for the accuracy and adequacy of the data you provide, and for the results of using the Services in the operation of your business. You represent, warrant and covenant that you have all necessary rights, power and authority to: (i) provide us with any information that you submit in connection with the Services; and (ii) initiate the transactions that you submit in connection with the Services. You agree to use ordinary care in using our Services. You agree to review all account, analysis and other statements (paper and/or online) that we make available to you and you agree to do so within a reasonably prompt time after the statements are made available to you. If we provide you with statements relating to the Services that reflect debits to your account(s), your review should not be any later than thirty (30) days after the statement is mailed or otherwise made available to you. You agree to give us immediate telephonic notice, thereafter confirmed in writing, of any unauthorized, erroneous, or improperly executed transactions. Your failure to notify us of any unauthorized, erroneous, or improperly executed transactions within such thirty (30) day period shall relieve us of any liability of such error, omission, or discrepancy.

Banking Days and Processing Schedules/Cut-off Times.

A Banking Day is defined as Monday-Friday; excluding Federal bank holidays and any other day we are not actually open for business. Processing Schedules/Cut-off Times are described within each of the Specific Services described below.

Operating Procedures.

Per the Service(s) you select, you acknowledge that we have established Banking Days and Processing Schedules/Cut-off times. If we provide you with written or electronic instructions or operating procedures, input or transmission formats, incoming work specifications, eligibility of items, deadlines or cut-off times, or other limitations or requirements relating to use of the Service(s) (referred to herein as “Operating Procedures”), you agree to comply with those Operating Procedures and understand that we may reject or be unable to process incoming items, instructions or work that does not comply. We may change our Operating Procedures and will provide notice of those changes to you. If you continue to use the Service thereafter, you agree to comply with the changed procedures.

You agree to comply and to remain in compliance with all applicable federal, state and local laws, rules, regulations, ordinances and determinations of governmental authorities (referred to herein as “Requirements of Law”) including, but not limited to, the Gramm-Leach-Bliley Act, Electronic Fund Transfers Act, the Unlawful Internet Gambling Enforcement Act, the Bank Secrecy Act, the USA PATRIOT Act and all rules, regulations and obligations with respect to programs administered by the Office of Foreign Assets Control or the U.S. Department of Treasury’s Financial Crimes Enforcement Network. You agree not to (i) resell or otherwise make our Services available to others; or (ii) use our Services in a way that damages or violates the rights of any third party, that violates Requirements of Law, or that will subject us or our contractors to investigation, prosecution or legal action. To the extent that the Services we provide involve the use of clearing systems (such as the Federal Reserve System) or other networks or associations, including the National Automated Clearing House Association (such systems, networks and associations being referred to collectively herein as “Associations”), you agree that Services are provided subject to the rules, regulations and guidelines of the Associations, all of which you agree to comply. You understand and agree that we are not responsible for the acts or omissions of any Association (including, for example, an Association’s failure to satisfy a customary service level that affects our performance) or of any other member of any Association. Nothing in this Agreement shall be construed to diminish, restrict or otherwise reduce your obligations under relevant Association rules. Our rights and remedies under this Agreement are in addition to and not in lieu of our rights and remedies under Association rules. To the extent that our Services involve the processing of consumer payments, you agree to receive, respond to and resolve, at your own expense, all consumer complaints regarding those payments. You agree not to materially change your business or submit to us any transactions that are submitted in a way or for a product or service of yours that was not previously described to and expressly accepted by us. You are responsible for your own computer back-ups and contingency planning (including contingency planning for an unplanned interruption in our Services). If work to be processed by us is time sensitive, we recommend that you submit the work to us in advance of our final input deadline. This will minimize the possibility of delays resulting from unplanned occurrences.

Overdrafts.

We are not obligated to pay checks, drafts, transfers or other items on your account if there are not sufficient available funds in your account or if you do not make other satisfactory provisions approved in writing by us. In the event that we in our sole discretion pay any check, draft, transfer or other item when there are not sufficient funds in your account, you shall immediately reimburse us for any overdraft created thereby or we may, in our discretion, deduct the amount of the overdraft from any other account that you maintain with us. All checks, drafts, transfers or other items received for deposit under the Services are credited by us provisionally and are subject to final collection. Any returned or rejected items (including checks, drafts, transfers, electronic entries or other items) shall be charged as returns to your account. Our funds availability policy disclosure provided to you reflects our policies relating to the availability of deposited items.

Responsibility of Your Personnel.

You are responsible for all acts and omissions of your Personnel. We are entitled, without further inquiry or investigation, to assume that the actions of your Personnel are appropriate and authorized by you. You are strongly advised to establish and maintain policies and procedures and accounting and auditing controls that will prevent (or at least allow the early detection of) fraud or other unauthorized activity by your Personnel. As between you and us, you agree to accept sole responsibility for losses attributable to the acts or omissions of your Personnel.

Hardware and Software Requirements.

The Services selected require you to use computer and/or mobile hardware or software that meets certain technical requirements for the proper delivery of the Services. You and your Personnel may also incur additional related expenses for additional items, including, but not limited to, telephone service, internet service charges, and wireless carrier fees related to the use of the Services. You are responsible for any costs or expenses associated with meeting and maintaining technical requirements or additional items necessary to use the Service. We advise you to scan your computer or mobile device hardware and software on a regular basis using a reliable virus detection product in order to detect and remove viruses. WE MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY COMPUTER OR MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM OR RELATED EQUIPMENT, YOUR SOFTWARE OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF OUR SOFTWARE, INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Access to Technology.

If we provide or permit you to access hardware, software, documentation, systems or other technology or intellectual property (“Technology”), you agree that we and/or our suppliers retain all intellectual property rights in the Technology. You further agree: (i) to read and comply with any license terms that are made available to you in connection with the Technology; (ii) to use the Technology solely for purposes of accessing or using our Services; (iii) to maintain the confidentiality of the Technology and not to copy, transfer or disclose the Technology; (iv) not to attempt to circumvent any use or access limitations contained in the Technology, not to access any system, file, software or service other than those specifically made available by us and not to translate, reverse engineer, disassemble or decompile any Technology; (v) to limit Technology access to those of your Personnel who have a need to have such access in connection with your receipt of Services from us; (vi) to use the Technology in accordance with its documentation and all relevant security policies and procedures; and (vii) to return any and all copies of the Technology to us on request. Technology is provided to you on an “AS IS” basis and for purposes of this Agreement will be considered part of the “Services.” You agree to be responsible for misuse of Technology by your Personnel or by third parties to whom your Personnel may disclose their User IDs and/or passwords. You agree to cooperate with us in the investigation of any apparent unauthorized use of or access to our Technology by any person using a User ID or password assigned to you or who otherwise appears to have accessed our Technology through your systems.

Service Availability.

While we make every attempt to ensure the Services are available for your use, the Service(s) may be unavailable temporarily due to system maintenance or technical difficulties, including but not limited to, those of the given Internet service provider, cellular service provider, or Service software.

Security Procedures.

You will use User IDs and passwords to use the Service; and in some cases, additional security processes (together “logon credentials”). You agree to keep, and to require your Personnel to keep, your logon credentials secret. You agree to prevent unauthorized access to your systems. You agree to notify us immediately if your logon credentials or those of your Personnel are lost or stolen, if you believe someone else has discovered your logon credentials or those of your Personnel, if you suspect there has been a breach of your computer system or if a device used for the Service is lost or stolen. You should change your logon credentials whenever any person with access to them transfers to a new assignment, leaves your employment, is no longer authorized to use the Services on your behalf, or if you believe that security of all User IDs or passwords have been compromised. Passwords should also be changed regularly. We are authorized to provide Services to, to release your account information to, and accept as authentic any instructions given to us by, any person who has entered a User ID and password assigned to you.

You agree to use one or more of the security procedures described herein or made available with the Service when using the Services. You have the responsibility for determining the level of security that you require and for evaluating the suitability of the security procedures that you have chosen. You agree that the security procedures will be commercially reasonable for your situation. You acknowledge that you have had an opportunity to propose your own unique security procedure and that you have freely selected the procedure indicated. Should you require using unique security measures, you agree that you are responsible for managing and maintaining the unique security, that you are responsible for all transactions related to use of the Service, and that a separate addendum may be required for use of the Service. The security procedure is intended to verify that a transaction has been authorized by you and is not intended to detect errors in the transmission or content. Any order or instruction issued in your name and accepted by us in compliance with the security procedure shall be effective as your order and instruction, and you agree to be bound by the same, whether or not authorized. It is your responsibility to review your accounts every Banking Day to identify any unauthorized, erroneous, or improperly executed transaction.

Your Responsibility for Security Breaches.

If a security breach occurs, unless our internal security is proved to have been breached, there shall be a presumption that your security has been breached. You are solely responsible for determining, on your behalf, who should be trusted with a User ID and password and for supervising their use thereof. You are responsible for all transactions initiated by your Personnel even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether your Personnel violates your rules.

Force Majeure.

Neither party is responsible for any failure or delay in performance caused by Act of God, strike, flood, fire, war, public enemy, any electrical, equipment or communications failure, third party act or omission, operation of any adverse governmental law, ruling, regulation, order or decree or any other event beyond its reasonable control.

Indemnity.

You agree to indemnify, defend and hold us harmless from and against any and all liabilities, claims, demands, losses, costs, fines, fees, damages and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party claim based on our provision of Services that you requested, including any responsibility that we have to others for handling or being associated with an instrument, transfer or other transaction for you; or (ii) your acts or omissions or breach of these Terms (including your warranties and representations); or (iii) us acting on your requests, instructions or processing submissions. In the event any checks, drafts, transfers or other items on your account are determined to bear an unauthorized signature, to have been altered or otherwise to be irregular, we may (even though not liable for such items) take action reasonably requested by you to enforce against prior parties (including prior collecting financial institutions, endorsers and other holders) whatever rights you or we have against such prior parties. If we take such action, you shall indemnify us for all liabilities, costs and expenses (including reasonable attorneys’ fees and legal expenses) incurred in connection therewith. We may or may not condition our taking of such action on your execution of a written indemnification undertaking, but you will in any event remain responsible under the preceding sentence. You are not required to indemnify us for our own willful or intentional misconduct.

Miscellaneous.

This Agreement: (a) constitutes the entire agreement with respect to the subject matter hereof, except as provided in the paragraph on “Changes” above; (b) shall be binding upon and inure to the benefit of the parties and their successors and assigns; (c) may not be assigned by either party without the other party’s written consent; and (d) shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding conflict of law principles.

This Agreement is solely for the benefit of you and us and may not be relied upon or enforced by any third party. No third party (including your Personnel and your members) is a third party beneficiary of this Agreement. Any litigation arising out of or related to these Terms or the Services shall be commenced and maintained solely and exclusively in a state or federal court sitting in the City of Worcester, Massachusetts. You irrevocably submit to the jurisdiction of any state or federal court sitting in the City of Worcester, Massachusetts in any action or proceeding arising out of or relating to these Terms or our Services and you irrevocably waive, to the fullest extent you may effectively do so, the defense of an inconvenient forum in the maintenance of such action or proceeding. If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other term hereof. If any term is held to be unreasonable in time, scope, or otherwise, it shall be construed by limiting it to the minimum extent so as to be enforceable.

We reserve the right to waive the enforcement of any of these Terms with respect to any transaction or series of transactions. Any such waiver will not affect our right to enforce any of our rights with respect to our other members, or to enforce any of our rights with respect to later transactions with you, and will not be sufficient to modify these Terms on a going forward basis. We are entitled to use such agents, contractors, service providers, networks and other third parties as we may deem appropriate in providing the Services.

You agree that we may contact any source necessary and may obtain credit reports in connection with starting, continuing and/or discontinuing Services. The delivery of an executed signature page by PDF is as effective as executing and delivering this Agreement.

You agree that we may maintain a copy of this Agreement and any and all other documentation related to the Services in electronic form and that we may destroy the originals.

You agree that a copy produced from such electronic form or by any other reliable means (for example, photocopy, image or facsimile) shall in all respects be considered equivalent to an original and you waive any objection to our use of such copies. As used in this Agreement, the term “including” means “including, but not limited to.”

You agree to submit annual financial statements and such other financial information as we may reasonably request from time to time and you agree that we may conduct audits and on-site inspections as we reasonably deem necessary to verify your compliance with these Terms or applicable Association rules.

SPECIFIC SERVICES

Please Note: None of these Services diminishes your responsibility to discover and report unauthorized signatures, endorsements or alterations of items, unauthorized transfers, and other discrepancies. Nor shall these Services be construed to increase our duties with respect to your accounts or the payment of items.

Stop Payments.

Stop payment instructions allow us to protect the account without further intervention by you and can be used to assist inquiring financial institutions that a stop payment is in effect for a particular check. We strongly recommend the use of stop payment orders when appropriate. Stop payment fees may be assessed as shown on our Schedule of Fees.

Limitations.

Nothing in this Agreement shall be construed as relieving you of your ordinary due diligence responsibilities regarding the examination of account statements and individual checks, including the alteration of check information. We shall not be liable for any loss arising from your failure to exercise such due diligence.

Remote Deposit Capture (RDC) /Merchant Capture

Statement of Services.

Remote Deposit Capture Services permit us to process, on your behalf, electronic images that you create from paper checks through a scanner (RDC) or the Millbury Federal Credit Union Mobile RDC App for deposit into one or more of your accounts.

Image Quality.

The image of the paper item transmitted through the Service must be a fully legible, clear image of the paper check sufficient to reproduce it as a substitute check, as determined in our sole discretion. You must transmit the image to us or to our third party processor, electronically using hardware and software that satisfies our specifications. We will either print a paper substitute check or image replacement document from the image that you have transmitted, or we may forward the electronic image to the appropriate Federal Reserve Bank or other entity for collection. As used in this Agreement, the terms “substitute check” or “image replacement document” mean a paper reproduction of an original check that you receive that contains an image of the front and back of the original check, bears an original MICR line, conforms to the paper stock, dimensions and other requirements as established from time-to-time by the Federal Reserve Board or any other regulatory agency, clearing house or association, and is suitable for automated processing in the same manner as the original check, with the required legend attached for a substitute check, all as required by the Check Clearing for the 21st Century Act (the “Check 21 Act”).

Eligible Items.

You agree to scan and deposit only checks that are allowed by this Agreement. Any of the following types of checks or other items shall be considered ineligible items and may be rejected by us:

• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all payees.
• Checks previously converted to a substitute check, as defined in Reg. CC.
• Checks drawn on a financial institution located outside the United States.
• Checks that are remotely created checks, as defined in Reg. CC.
• Checks not payable in United States currency.
• Checks dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by mobile deposit (including, by not limited to, savings bonds) or which are otherwise not acceptable under the terms of your Bank account.
• Checks or items prohibited or which are otherwise not acceptable under the terms of your Bank account.
• Checks payable on sight or payable through Drafts.
• Checks with any endorsement on the back other than that specified in this agreement.
• Checks that have been previously deposited through any channel (including, but not limited to, any financial institution branch or ATM), or that have been submitted through the Service or through any remote deposit capture service (including mobile deposit) offered at this or any other financial institution.
• Digitally scanned, photocopied or otherwise duplicated versions of checks.

Processing Schedule.

Deposited items received by us before 5:00 PM (ET) will be processed that Banking Day. Deposited items received by us after 5:00 PM (ET) will be processed the next Banking Day.

Applicable Rules. You agree to comply with all rules and operating guidelines of the Electronic Check Clearing House Organization, the Check 21 Act, Federal Reserve Regulation CC, and similar state laws and regulations, as applicable.

Deposit Limits.

We may limit the amount you may deposit through the Service. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the RDC Service and/or Mobile RDC Service and to modify such limits from time to time, without prior notice to you. 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. We reserve the right to reject a deposit at our sole discretion.

Your Responsibility.

When you submit the electronic image to us for processing using the Scanning Equipment or a mobile device, you will be deemed to be the warrantor of those warranties under the Check 21 Act, including the following: (1) all information and data submitted to us showing the front and back of the check accurately represents the information on the front and back of the original check as of the time the original check was received by you, and none of that information was altered or modified, except for the addition of any endorsement on your behalf that is necessary in order to properly collect the check; (2) you will permanently remove the original check from the forward collection process, you will retain the original check for at least thirty (30) days, you will have controls in place to properly safe-keep the original check in your possession, and you will properly destroy the original check after the 30 day period; (3) you will not, after an electronic image has been successfully transmitted to us, submit the original or another image of the check to us for processing, but this will not prevent you or us from resubmitting a check or electronic image for collection in the event the check was returned uncollected; and (4) all information, data and imaged files submitted to us are accurate and do not contain viruses. The express representations and warranties set forth above are in addition to the representations and warranties you make under the UCC and under our other account agreements with respect to any item you submit to us for deposit and collection. All images that do not meet ASC X9 standards are not allowed to be transmitted into the network. You agree that you will use this Service only for checks made payable to you and that you will not submit any third party checks through this Service. You agree that we may conduct periodic site inspections or other processes to review the location, use of security parameters related to the RDC services and devices. In addition, you will be liable for any loss we may incur if you deposit a check through the Service and subsequently deposit the original check.

Terms Specific to Use of Scanners for Remote Deposit Capture

Scanning Equipment.

When using Scanning Equipment, unless otherwise agreed to by us, you must use the hardware and software (the “Scanning Equipment”) that we provide to you. If we provide the Scanning Equipment to you, the Scanning Equipment shall be our property at all times, you shall have no ownership rights in the Scanning Equipment, and you must return the Scanning Equipment within 15 calendar days to us when you cease using this Service, when your use of the Service becomes Inactive, or when we terminate the service for cause. We may charge a fee for Scanning Equipment not returned to us within 15 calendar days as posted on our then current Business Banking Services Pricing Schedule. We may charge you a fee for the use of the Scanning Equipment provided by us if shown on our Business Services Pricing Schedule. You agree to rely exclusively on any warranties provided by the vendors of the Scanning Equipment with respect to the proper operation and performance of the Scanning Equipment. This is the case even if part of your fees for the Service includes a fee for use of the Scanning Equipment. You must ensure that the Scanning Equipment otherwise meets your requirements. You must properly maintain the Scanning Equipment, if provided by us, and your other hardware, software and communication facilities to ensure that the Scanning Equipment continues to perform satisfactorily. You are solely responsible for your contingency planning and computer back-up to ensure that you preserve an adequate record of the information you enter using the Scanning Equipment. We make no representation or warranty concerning the completeness, accuracy, operation or performance of the Scanning Equipment or communication facilities you use to receive the Service. You agree that we shall have no liability whatsoever in respect of any deficiency in, or the malfunction of, your Scanning Equipment or related software, equipment or communications facilities. Your sole recourse will be as provided in the warranties, if any, provided to you by the vendor of the Scanning Equipment. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SCANNING EQUIPMENT, COMMUNICATIONS FACILITIES OR THE SERVICES, AND WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES IN RESPECT THEREOF, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT BY THE SCANNING EQUIPMENT OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Maintenance Assistance and Support.

We will assist you in obtaining technical support from the vendor of the Scanning Equipment that we provide to you and other information for the operation and use of the Scanning Equipment we provide to you. If you need assistance with the Scanning Equipment we provide to you, you should call us at 508-865-7600 first and thereafter we will call the vendor.   The cost of servicing the device will be your responsibility.

Inactivity.

In the event that you do not use this Service for a period of ninety (90) consecutive days, we have the right to terminate your use of the Service and you must return the Scanning Equipment to us as stated under Scanning Equipment.

Automated Clearing House (“ACH”)

Statement of Services.

ACH Services will consist of creating ACH files based on information you provide and sending and/or receiving ACH transactions on your behalf. You shall transmit credit and debit entries (and requests for cancellation or amendment thereof) to us based on the formatting and other requirements of the National Automated Clearing House Association (“NACHA”) rules (available at http://www.achrulesonline.org and defined below) and such additional policies and procedures (including restrictions on the types of ACH transactions that may be initiated) as may be provided by us from time to time. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the NACHA Rules. The term “Entry” shall have the meaning provided in the NACHA Rules and shall also mean the data received from you hereunder from which we initiate each Entry. In the event you use a third party service provider to send Entries to us on your behalf, you will remain fully responsible for all your obligations and warranties to us under these Terms and for the compliance of your third party service provider with your obligations and warranties under these Terms. You are responsible for contractually obligating your third party service provider to the foregoing obligations, warranties and security procedures. We are not responsible in any manner for the acts or omissions of your third party service provider. We may debit and/or credit ACH Entries that you originate to your relevant accounts. We may send Entries to any ACH processor selected by us, to an affiliate financial institution or directly to another bank or credit union. You understand that the Services are limited by exposure limits that we establish for you from time to time. In addition, we may reject files and/or Entries if we deem necessary for failure to comply with these Terms, loss prevention or regulatory compliance purposes. If you request us to do so, we may, but are not obligated to, amend or cancel files or Entries after our initial receipt of your instructions. You shall deliver Entries to us prior to our daily cut-off time. Any Entry received by us after our daily cut-off time may be processed on the next Banking Day. In the event that we miss a deadline for submission of Entries, whether due to our delay or your delay, we shall not be liable to you for such delay, but shall use good faith efforts to meet the next succeeding ACH deadline.

Processing Schedule.

Credit Entries Delivery Method	Deadline	Day of Delivery
Transmission	4:00 p.m. Eastern Time	Although the ACH system will allow ACH transactions to be processed with one day or same day notice, best practice is to allow two (2) days between your file initiation and Effective dates to avoid processing delays due to unanticipated service interruptions. ACH files will not be processed on Federal or MA State Holidays or weekends or if the file is not funded prior to the effective date.

Wire Transfer Service

Statement of Services.

Wire Transfer Services (the “Service(s)”) are the capability to transfer funds from specific Deposit Account(s) to other accounts (the “Recipient Account(s)”) as directed by Member. The Recipient Account(s) may be Member accounts or domestic-only (U.S.- based) third-party accounts or international (non-U.S.-based) third-party accounts, and may be with Bank or with domestic third-party financial institutions. Member may use the Service to initiate one-time wire transfers or automated standing transfer orders (as described below) or to create templates for wire transfers made on a repetitive basis which involve the same Member Deposit Account and Recipient Account (“Repetitive Transfer(s)”). Member may also utilize Repetitive Transfers to initiate automated standing wire transfer orders, as further described below. All wire transfers must be initiated by Member and/or an Authorized User of Member.

Transfer Instructions and Transmission Methods.

Member may instruct Credit Union to transfer funds from any of their own designated Member Deposit Account(s) maintained at Credit Union.  For purposes of this agreement, such instruction (or “order”) shall be received from Member or an Authorized User and initiated by means of the Online Banking Service, unless Credit Union agrees otherwise in writing in its sole and exclusive discretion.

In order to transmit instructions via the Online Banking Service, Member must first agree to and transmit all instructions in accordance with all of the terms, conditions and security procedures applicable to the Service and set forth in Member’s Agreement, the Business Online Banking Service, and/or associated documents provided by Credit Union, as applicable, including any schedules associated therewith, as may be amended by Credit Union from time to time (collectively herein the “Security Procedures”).

Member’s authority to make the transfer and to issue other directions and instructions associated with the wire transfer shall be conclusively presumed if the Security Procedures associated with the applicable transmission method are followed.

Transactions Limits; Execution of Wire Transfers.

By submitting a wire transfer request, Member authorizes Credit Union to withdraw the amount of any requested wire transfer which Member may authorize and instruct, plus any applicable fees and charges, from Member’s designated Deposit Account. Subject to the terms of this Appendix, Credit Union will accept and execute a wire transfer received from Member that has been authenticated by Credit Union and is in conformity with the Security Procedures (as further described below), cut-off times, transaction limits and other requirements as described in this Appendix and any associated exhibits, set-up form(s) and other documentation. Credit Union will reject payment orders that would cause Member’s transactions to exceed the daily transaction limit or the daily exposure limit established by Credit Union for Member. The daily transaction limit and the daily exposure limit may be modified from time to time upon request of Member in accordance with Credit Union’s rules and policies. Any change to such limits shall be in Credit Union’s sole discretion.

Member shall, upon request by Credit Union from time to time, provide Credit Union with such financial information and statements and such other documentation as Credit Union reasonably determines to be necessary or appropriate regarding the financial condition of Member as Credit Union may reasonably request relative to Credit Union’s evaluation of its exposure or risk. Any transaction, exposure or similar limits established by Credit Union hereunder shall be made in Credit Union’s sole discretion and shall be communicated promptly to Member.

All wire transfers to accounts at other depository institutions are transmitted using the Fedwire funds transfer system owned and operated by the Federal Reserve Bank or via a similar wire transfer system used primarily for funds transfers between financial institutions, which may include a system provided by or through a Bank intermediary, correspondent or service provider.

Each wire transfer must include the following information in addition to any information which Bank may require for proper identification and security purposes: (i) Deposit Account number from which the funds are to be withdrawn, (ii) amount to be transferred, (iii) currency type, (iv) name and ABA routing number or SWIFT BIC of the beneficiary’s Bank, and (v) name, address and account number of the beneficiary. In the event a wire transfer describes an account number for the beneficiary that is in a name other than the designated beneficiary, Credit Union may execute the wire transfer to the account number so designated notwithstanding such inconsistency. Additional information may be necessary for international wire transfers, as further described below.

Templates created via the Business Online Banking Service or other instructions for Repetitive Transfers that are based on and reflective of information provided by Member are the sole and exclusive responsibility of Member. Member agrees to release and hold Credit Union harmless from any loss or liability (including reasonable attorney’s fees) which Member or Credit Union may incur after Credit Union has executed a Repetitive Transfer, including without limitation, any loss due to Member error in creating the Repetitive Transfer template or instruction.

Time of Execution – Domestic Wires.

Credit Union will execute each authenticated wire transfer that is in conformity with all Security Procedures, cut-off times and other requirements set forth herein, on the Business Day received or on the Business Day requested by Member if the wire transfer is future-dated. Credit Union may require additional authentication of any wire transfer request. Credit Union reserves the right to reject a wire transfer request that cannot be properly authenticated. Cut-off times may be established and changed by Credit Union from time to time. Instructions for wire transfers received after such cut-off times may be treated by Credit Union for all purposes as having been received on the following Business Day.

Except for future-dated outgoing wire transfers, domestic outgoing wire transfers (U.S.- based receivers) initiated and approved by the cut-off time set forth in Schedule A on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Outgoing domestic wire transfers initiated and approved after the cut-off time set forth in Schedule A will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Future-dated domestic outgoing wire transfers will be initiated on the effective date requested by Member, provided that date is a Business Day, not on the date Member entered the transaction using the Service. Member may submit a future-dated domestic wire transfer up to such period of time in advance of the effective date requested by Member as the Service permits.

Credit Union may handle wire transfers received from Member in any order convenient to Credit Union, regardless of the order in which they are received. If more than one wire transfer request is made at or about the same time and the Available Funds in the applicable Account do not cover all of such orders or requests, Credit Union may at its option execute as many of such orders or requests as possible within the dollar limits of such Available Funds.

International / Foreign Wires. – Not offered through Business Online Banking Portal

International/foreign wire transfers (non-U.S. receivers) of U.S. currency and of foreign currency initiated and approved by the cut-off time set forth in Schedule A on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Wire transfers initiated and approved after the cut-off time set forth in Schedule A for international wire transfers will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Industry standard delivery times of foreign wire transfers (in most, but not all cases, two (2) Business Days) may be subject to delays based on time-zone issues; the remote location of the recipient Bank; cultural differences with respect to holidays and times of observation, etc.; and incorrect or incomplete information being supplied by Member.

Member acknowledges that foreign currency wire transfers must be based on a currency that Credit Union trades and that all rates of exchange will be the rate in effect at the time of execution of the wire transfer order, or at any other rate as may be agreed to by the parties. If the financial institution designated to receive the funds does not pay the beneficiary specified in a wire transfer order that is payable in foreign currency and the funds are returned to Credit Union, Credit Union will not be liable for a sum in excess of the value of the funds after they have been converted from foreign currency to U.S. dollars at Credit Union’s buy rate for exchange at the time the cancellation of the wire transfer order is confirmed by Credit Union, less any charges and expenses incurred by Credit Union. If Member elects to initiate an international wire transfer in U.S. currency, Member acknowledges that the receiving Bank may elect to pay the beneficiary in foreign currency at an exchange rate determined by the receiving Bank. Member agrees to bear all risk of loss due to fluctuation in exchange rates, and Member shall pay Credit Union any costs and expenses of foreign currency conversion at Credit Union’s then-prevailing rates, terms and conditions. Member is advised that Credit Union’s prevailing exchange rates may be less favorable to Member than market exchange rates.

Credit Union shall send Member’s authorized and authenticated wire transfers to foreign Banks, through any Bank which is a member of Credit Union’s correspondent network. Neither Credit Union nor any of Credit Union’s correspondents shall be liable for any errors, delays or defaults in the transfer of any messages in connection with such a foreign wire transfer by any means of transmission.

Credit Union makes no guarantee or representation as to the availability of funds at the foreign destination Credit Union makes no express or implied warranty as to the time or date the wire transfer will arrive at the receiving Bank, the amount of any fees to be charged by the receiving Bank or the time or date the beneficiary will receive credit for funds.

Member understands and acknowledges that if the named beneficiary does not match the account at the receiving Bank, there is a risk the beneficiary may not receive the wired funds. If the transfer is not received or credited in a timely manner, Credit Union will follow normal and customary procedures to complete the wire transfer, determine the location of the wired funds and/or return the funds to Member. If Credit Union is unable to determine that the funds have been credited to the beneficiary’s account or have the funds returned, Member assumes all financial liability or risk of loss for the amount of the wire transfer.

International wire transfers are subject to any and all applicable regulations and restrictions of U.S. and foreign governments relating to foreign exchange transactions. Credit Union has no obligation to accept any international wire transfer(s) directed to or through persons, entities or countries restricted by government regulation or prior Bank experience with particular countries. To the extent not otherwise prohibited by law, in connection with any international wire transfer(s) involving a transfer to or from any country outside of the U.S., Member agrees to release and hold Credit Union harmless from any loss or liability which Member may incur after Credit Union has executed the international wire transfer(s), including without limitation, any loss due to failure of a foreign Bank or intermediary to deliver the funds to a beneficiary.

Repetitive Transfers.

A Repetitive Transfer is a template-based transfer order that Member intends to be made on a recurring, periodic basis to the same beneficiary and the same account at the same beneficiary Bank and for which only the date and dollar amount and any additional optional information vary.

Upon set-up of any Repetitive Transfer, Bank will transfer funds from Member’s Deposit Account(s) according to the schedule and parameters set forth by and/or for Member in the Online Banking Service or any associated exhibits.

For domestic and international Repetitive Transfers transmitted through the Online Banking Service, Repetitive Transfers must be authorized in accordance with the terms and conditions of the Online Banking Service and related service requirements. Member shall be responsible for the creation of all Repetitive Transfer templates. Credit Union shall not be liable for any error in Member’s set-up or creation of any template.

Modifications or deletions of Repetitive Transfers that were established via the Online Banking Service must be modified or deleted by Member via the Online Banking Service prior to Member’s desired effective date of the change or deletion and in accordance with the time limits set forth within the Online Banking Service.

Cancellation and Amendment of a Wire.

Member may request that Credit Union attempt to cancel or amend a wire transfer previously received from Member. If a cancellation or amendment request is received by Credit Union before the wire transfer is executed and with sufficient time to afford Credit Union an opportunity to act upon Member’s request, Credit Union may, on its own initiative but without obligation, make a good faith effort to act upon such request. In the event Member’s cancellation or amendment request is received after execution of Member’s wire transfer request, Credit Union will attempt to have the wire transfer returned. Notwithstanding the foregoing, Credit Union shall have no liability for the failure to affect a cancellation or amendment, and Credit Union makes no representation or warranty regarding Credit Union’s ability to amend or cancel a wire transfer. Member agrees to indemnify Credit Union against any loss, liability or expense (including reasonable attorney’s fees) which Credit Union incurs as a result of the request to cancel or amend a wire transfer and the actions Credit Union takes pursuant to such request.

Notice of Rejection or Return.

Credit Union shall have no liability for wire transfers sent by Credit Union as directed by Member which cannot be completed or which are returned due to incorrect information furnished by Member. Member is required to fully complete beneficiary name and address, as beneficiary Bank may elect to return an otherwise valid wire transfer for incomplete beneficiary information. Bank may reject or impose conditions that must be satisfied before it will accept Member’s instructions for any wire transfer, in its sole discretion, including, but not limited to, if there are insufficient Available Funds on deposit with Credit Union for the specified Deposit Account, if the transfer order that does not comply with the security procedures, if there is any inconsistency between a transfer order and information previously supplied to Credit Union, if Credit Union is unable to obtain confirmation of such transfer order satisfactory to Credit Union, if Credit Union believes that the wire transfer may not have in fact been authorized, or if Credit Union has other reasonable grounds not to honor the payment order. A wire transfer may also be rejected by an intermediary or beneficiary Bank other than Credit Union, or by operation of law. If a wire transfer is rejected, Credit Union will endeavor to notify Member promptly by telephone. Upon rejection or return, Credit Union shall have no further obligation to act upon a wire transfer, nor shall Credit Union have any liability to Member due to rejection by another person in the wire transfer process, or the fact that notice was not given or was not given at an earlier time, or within any specified time of receipt, acceptance, execution or payment of any wire transfer.

Security Procedures.

Member agrees that the Security Procedures used by Member and set forth or incorporated by reference in this Appendix and/or associated documents, including but not limited to Schedule B to this agreement, as well as the terms of and schedules to the Online Banking Service, are a commercially reasonable method of providing security against unauthorized wire transfers and for all other instructions from Member to Bank. Any wire request transmitted by Member shall be deemed authorized if transmitted in accordance with the Security Procedures. Member also agrees that any election Member may make to change or refuse the Security Procedures is at Member’s risk and that any loss resulting in whole or in part from such change or refusal will be Member’s responsibility.

Member is strictly responsible for establishing and maintaining its own appropriate and commercially reasonable security procedures to safeguard against the unauthorized transmission of wire transfers to Credit Union. Member shall prevent and safeguard against unauthorized transmissions, disclosures and access to security-related items, including information associated with the transmittal of wire transfers, such as security procedures, instructions, passwords and user identifications, and systems and equipment that interface with, connect to or allow access to Credit Union, its information, systems and equipment (hereinafter referred to collectively as “Security-Related Items”). Member shall establish, maintain and enforce its own commercially reasonable security practices, techniques and procedures with respect to access to, storage and maintenance of Security-Related Items to safeguard against unauthorized transmissions and unauthorized access to Security-Related Items. Such practices, techniques and procedures shall be no less than the security-related requirements described in this Appendix or otherwise applicable to the Service.

Member acknowledges that Credit Union strongly recommends “dual control” as an additional layer of security to the wire transfer feature of the Service. With this additional security feature, one Authorized User is permitted to create, edit, cancel, delete and restore wire transfer requests with his/her User ID, password and Access Devices; a second different Authorized User with his/her User ID, password and Access Devices is required to approve, release or delete wire transfer requests.

Member warrants that no individual will be allowed to initiate transfers without proper supervision and safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any passwords, codes, security devices and related instructions provided by Credit Union in connection with the Security Procedures applicable to the Service and to restrict access thereto to Member’s employees trusted with the duty to transmit wire transfer orders to Credit Union.  If Member suspects, knows, believes or has reason to believe that any such information or instructions have been known or otherwise accessed by unauthorized persons, Member agrees to immediately notify Credit Union by phone, followed by written confirmation. The occurrence of unauthorized access shall not affect any transfers made in good faith by Credit Union prior to receipt of such notice and within a reasonable time period after notice is received to allow sufficient time for Credit Union to respond to such notice.

Credit Union may, from time to time, propose modified, additional or enhanced Security Procedures to Member for use with the Service. Member understands and agrees that if it declines to use any such modified, additional or enhanced Security Procedures, it will be liable for any losses that would have been prevented by such Security Procedures. Notwithstanding anything else contained in this agreement, if Credit Union believes immediate action is required for the security of Credit Union or Member funds, Credit Union may initiate modified, additional or additional Security Procedures immediately and provide prompt subsequent notice thereof to Member.

Member hereby acknowledges that the Security Procedures are neither designed nor intended to detect errors in the content or verify the contents of a wire transfer by Member. Accordingly, any errors contained in wire transfers from Member shall be Member’s responsibility, and Member shall be obligated to pay or repay (as the case may be) the amount of any such wire transfer. No Security Procedures for the detection of any such Member error have been agreed upon between Credit Union and Member. IF MEMBER ELECTS TO WAIVE THE USE OF DUAL CONTROL AND/OR OTHER ADDITIONAL, RECOMMENDED SECURITY PROCEDURES, MEMBER AGREES THAT SUCH WAIVER OR REJECTION IS AT MEMBER’S SOLE RISK, AND MEMBER SHALL BE RESPONSIBLE FOR ANY LOSS RESULTING IN WHOLE OR IN PART FROM SUCH WAIVER OR REJECTION. MEMBER FURTHER AGREES: (i) THAT CREDIT UNION HAS OFFERED A COMMERCIALLY REASONABLE MEANS OF SECURITY AS DESCRIBED IN THE ADDITIONAL SECURITY PROCEDURE(S) THAT MEMBER HAS WAIVED OR REJECTED THE USE OF; AND (ii) THAT TRANSFER ORDERS TRANSMITTED BY MEMBER BY WAIVING OR REJECTING THE SECURITY PROCEDURE(S) SHALL BE TREATED AS AUTHORIZED.

Compliance with Security Procedures.

If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by Credit Union was sent in accordance with the Security Procedures applicable to the Service and thereby purports to have been transmitted or authorized by Member, it shall be deemed effective as Member’s wire transfer (or request), even if the wire transfer (or request) was not authorized by Member. If Credit Union accepted the wire transfer (a) in compliance with the Security Procedures with respect to such wire transfer, (b) in compliance with any written agreement or instruction of Member restricting acceptance of wire transfer issued in Member’s name, and (c) in good faith, then Member shall be obligated to pay Credit Union the amount of such wire transfer.

If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by Credit Union was actually sent or authorized by Member, Member shall pay Credit Union the amount of any such wire transfer, whether or not Credit Union complied with the Security Procedures applicable to the Service and whether or not that wire transfer was erroneous in any respect or that any such error would have been detected if Credit Union had complied with the Security Procedures.

Accuracy; Inconsistency of Receiving Beneficiary Name and Account Number.

In submitting any wire request or related instructions, Member shall be responsible for providing all necessary information required by Credit Union. Credit Union’s Service is only designed to respond to information provided by Member. Accordingly, any inaccuracy in any information provided by Member may result in an unintended transfer of funds. Credit Union bears no responsibility and shall not be liable to Member for any information provided by Member in a wire request or related instructions that is inaccurate, incomplete or otherwise incorrect. Member acknowledges and agrees that, in accordance with Article 4A of the UCC, Credit Union shall be entitled to rely upon the numbers supplied by Member to identify Banks, beneficiaries and other parties to the wire transfer, even if those numbers disagree or are inconsistent with the names of those parties as provided by Member. Credit Union and any other receiving financial institution shall have no obligation to determine whether a name and number identify the same person or institution. Member acknowledges that payment of a wire request or related instructions may be made by the beneficiary’s Bank on the basis of an identifying or Bank account number even if it identifies a person different from the named beneficiary.

Payment; Authorization to Charge Account.

Member will compensate Credit Union for the Service as applicable and as provided in Credit Union’s Fee Schedule. In connection with each wire transfer, Member shall also pay Credit Union’s online wire transfer fee in effect at the time of such transfer if applicable. Credit Union shall be authorized to deduct its fees hereunder from any Deposit Account of Member.

Member agrees to pay Credit Union the amount of each transfer order received from Member on the Business Day that Credit Union executes said order or at such other time as Credit Union may determine. Credit Union may, without prior notice or demand, obtain payment of such amount by debiting the Account designated or, in the event there are not sufficient Available Funds in the Deposit Account, debiting any other Deposit Account Member maintains with Credit Union, in Credit Union’s sole and exclusive discretion. Member agrees to at all times maintain a balance of Available Funds in Member’s designated Deposit Account sufficient to cover payment of Member’s obligations under this agreement. Credit Union is not obligated to execute and may reject, without notice to Member, any transfer order which exceeds the amount of Available Funds on deposit with Credit Union for the specified Deposit Account or any transfer order that does not comply with the Security Procedures as such may be modified from time to time. The aforementioned notwithstanding, Credit Union may, at Credit Union’s discretion and with the approval of one of Member’s officers with the appropriate borrowing authority, execute a transfer which fails to meet Available Funds requirements. If Credit Union does so, Member agrees to repay Credit Union on demand the amount of any resulting overdraft in Member’s Deposit Account, as well as the overdraft fees specified in Member’s Deposit Account Agreement and/or applicable Fee Schedule.

Advices and Statements.

All wire transfers accepted by Credit Union (including wire transfers sent or received on behalf of Member) will be reflected on Member’s Online Banking Service daily history and on Member’s periodic Deposit Account statement issued by Credit Union with respect to the Deposit Account(s) to or from which Member’s wire transfer was made. Member agrees to check the daily history of the Deposit Account(s) on the day after the processing date and to notify Credit Union immediately of any discrepancies between Member’s records and the daily history. Member also agrees to notify Credit Union of any discrepancy between Member’s records and the information shown on the periodic statement for the Account(s). If Member fails to notify Credit Union of any such discrepancy as required by this paragraph, Member agrees that Credit Union’s liability for any Member losses with respect to an Entry shown on the daily history or periodic statement shall be limited as set forth in the parties’ Agreement.

Refunds.

If the beneficiary’s Bank does not pay the beneficiary specified in the wire transfer order, a refund will be made only after Credit Union has received confirmation of the effective cancellation of the wire transfer order and Credit Union is in free possession of the funds debited or earmarked in connection with the wire transfer order. Any refund will be made for either (i) the face amount of the wire transfer (less Credit Union’s fee and expenses and expenses of Credit Union’s correspondents, agents or sub-agents) or (ii) the amount actually received by Credit Union in settlement of the liability to Credit Union of our correspondent, agents or subagents, or foreign postal services, whichever is lower. As a condition of making refund, however, Credit Union shall have the option, for a wire transfer composed or partially composed of foreign currency, to make refund (i) in that foreign currency, or (ii) in U.S. Dollars at Credit Union’s buying rate on the date of refund to Member. When the funds for payment of the wire transfer have been remitted abroad and have not been returned or otherwise made available to Credit Union, Credit Union shall not be obligated to make any refund on account of the wire transfer. Credit Union shall not be liable for a sum greater than the amount paid for the wire transfer, exclusive of commission, cable-charges, and other expenses.

Use of Correspondent Accounts.

A wire transfer may be executed through anyone, or a series of, correspondent Banks of the beneficiary’s Bank and of Bank in a manner deemed most appropriate and effective by Bank or by any other Bank participating in the wire transfer.

Bank Reliance; Authentication.

Credit Union shall be entitled to rely in good faith on communications it receives as being given or sent by an Authorized User and as being genuine and correct. Credit Union shall not be liable to Member for the consequences of such reliance.

CREDIT UNION MAY TAKE SUCH ADDITIONAL STEPS AND IMPLEMENT SUCH PROCEDURES AS IT MAY DEEM APPROPRIATE TO VERIFY THE AUTHENTICITY OF ANY WIRE TRANSFER. CREDIT UNION MAY DELAY THE EXECUTION OF ANY WIRE TRANSFER PENDING COMPLETION OF A CALL-BACK OR RECEIPT OF ANOTHER FORM OF VERIFICATION WHICH IS SATISFACTORY TO CREDIT UNION. IF CREDIT UNION IS UNABLE TO OBTAIN SATISFACTORY VERIFICATION, CREDIT UNION, IN ITS SOLE DISCRETION, MAY REFUSE TO EXECUTE ANY WIRE TRANSFER. In no event shall Credit Union be liable for any delay in executing a wire transfer or for failure to execute a wire transfer due to the absence of satisfactory verification.

Credit Union may electronically record any telephone conversations between Credit Union personnel and Member.

Wire transfer transactions are subject to all the foregoing and all regulations governing electronic transactions, including but not limited to Article 4A of the UCC.

Credit Union Responsibilities.

In the performance of the Service addressed by this agreement, Credit Union shall be entitled to rely solely on the information, representations, and warranties provided by Member pursuant to this agreement, and shall not be responsible for the accuracy or completeness thereof. Credit Union shall be responsible only for performing the Service as expressly provided for in this agreement. Credit Union shall not be responsible for Member’s acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any instruction or transaction received from Member or through Member’s Access Devices, as defined in the Agreement) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, and no such person shall be deemed Credit Union’s agent. Member agrees to indemnify and defend Credit Union against any loss, liability or expense (including reasonable attorney’s fees and expenses) resulting from or arising out of any claim of any person that Credit Union is responsible for any act or omission of Member or any other person described in this section.

Member acknowledges and agrees that Credit Union’s provision of the Service hereunder may be interrupted from time to time. Without limiting the generality of the foregoing, Credit Union shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment or software error or malfunction, war, acts of terrorism, emergency conditions or other circumstances beyond Credit Union’s reasonable control. From time to time Credit Union may need to temporarily suspend the Service or the processing of a transaction for greater scrutiny or verification, including, but not limited to, suspending processing to review for suspected fraudulent activity, verification that Available Funds are sufficient as well as fully collected and valid, or for OFAC compliance in accordance with applicable OFAC guidance, and Credit Union shall be excused if this action causes delay in the settlement and/or availability of the transaction. In addition, Credit Union shall be excused from failing to transmit or delay in transmitting a payment, transfer or other use of the Service (i) if, in Credit Union’s reasonable judgment, processing a payment, transfer or other use of the Service would violate or contribute to the violation of any present or future risk control program of the Federal Reserve or any applicable rule, law, regulation, or regulatory requirement; (ii) if Bank reasonably suspects that a transaction involves fraudulent activity or that Available Funds will not ultimately be sufficient to cover a transaction, or (iii) if processing a payment, transfer or other use of the Service, in Credit Union’s sole discretion, would cause Credit Union to engage in an unsafe or unsound practice.

Cooperation in Loss Recovery Efforts.

In the event of any damages for which Credit Union or Member may be liable to each other or to a third party pursuant to the Service provided under this agreement, Credit Union and Member shall undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.

Data Breaches.

Member agrees to comply with the requirements of Compliance with Security Agreements section of the Agreement with respect to Data Breaches.

Compliance.

Member shall comply with all applicable laws, rules and regulations in connection with the Service. Member agrees to be bound by such rules, and agrees not to initiate or receive a wire transfer request or related instruction in violation of international, federal, state and local laws and regulations including, without limitation, the regulations promulgated by the Office of Foreign Asset Control (“OFAC”). To the extent permissible under applicable law, Member shall be responsible for and shall fully indemnify Bank for any and all fines, assessments and reasonable attorney’s fees incurred by or imposed on Bank as a result of any infraction or violation of such rules caused by or attributable to Member.

Termination.

The parties may terminate this agreement in accordance with the terms and conditions of the parties’ Agreement. The agreement will automatically and immediately terminate if any Deposit Account upon which the Service is dependent is terminated. Any termination of this agreement shall not affect any of Credit Union’s rights and Member’s obligations with respect to wire requests or related instructions initiated by Member prior to the effective time of such termination, or the payment obligations of Member with respect to services performed hereunder by Credit Union prior to the effective time of such termination, or any other obligations that survive termination of this agreement.

Governing Law.

In addition to the terms and conditions of the parties’ Agreement, the parties agree that if any payment order governed by this Wire Transfer Service section is part of a funds transfer subject to the federal Electronic Funds Transfer Act, then all actions and disputes as between Member, or any Third-Party Service Provider (as defined in the Agreement) acting on Member’s behalf, and Credit Union shall be governed by Article 4A of the UCC, as varied by this agreement.

Effectiveness.

Member agrees to all the terms and conditions of this agreement. The liability of Credit Union under this agreement shall in all cases be subject to the provisions of the Agreement, including, without limitation, any provisions thereof that exclude or limit warranties made by, damages payable by or remedies available from Credit Union. This Wire Transfer Service section replaces and supersedes all prior agreements on file with respect to the services described herein and shall remain in full force and effect until termination or such time as a different or amended Appendix is accepted in writing by Credit Union or the Agreement is terminated.

SCHEDULE A: PROCESSING SPECIFICATIONS

Delivery Deadlines / Cut-Off Times:

1. Domestic Wire Transfers initiated and approved by 3:00 p.m. ET on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank; transfers initiated and approved after 3:00 p.m. ET will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank.
2. International Wire Transfers of foreign currency or U.S. currency initiated and approved by 2:00 p.m. ET on a Business Day will be processed within the industry standard delivery time (in most, but not all cases, two (2) Business Days). Foreign transfers may be subject to delays based on time-zone issues; the remote location of the recipient Bank; cultural differences with respect to holidays and times of observation, etc.; and incorrect information being supplied by Member.

SCHEDULE B: ADDITIONAL SECURITY PROCEDURES

In addition to the Security Procedures applicable to the Online Banking Service, Millbury Federal Credit Union utilizes additional Security Procedures for its wire transfer Members. Call-Back Procedures: Credit Union may require a call-back procedure for all wire transfer requests regardless of amount. Member must provide the necessary information below to designate those individuals who are authorized to receive and provide verification of all such wire transfer request via this call-back procedure. Personal Identification Number (PIN): Credit Union may also require the use of a PIN or security question by each individual authorized to provide verification of all such wire transfer requests via the call-back procedure. The PIN or question will serve as an additional means to authenticate the identity of the authorized individual(s) during all telephone interactions involving Account/transaction specific details. Credit Union may distribute a unique PIN to each authorized individual designated below via secure email.

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*Emails are not inherently secure. Please refrain from including personal or confidential information when initiating an email to Millbury Federal Credit Union.

Disclosure of Information to Third Parties/Privacy Policy.

A copy of Millbury Federal Credit Union’s Privacy Statement is available upon request at any of our branches, on our website www.millburycu.com or can be mailed to you upon request by calling Millbury Federal Credit Union at 508-865-7600, or writing a letter and sending it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

Other Agreements.

In addition to this Agreement, you and Millbury Federal 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 Online Banking service or the Online Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Millbury Federal Credit Union, 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 at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.

Governing Law.

This Agreement is governed by the laws of the State of Massachusetts and applicable federal law(s).

Privacy Notice

MCU Anytime, Anywhere Privacy Policy

Last Updated: May 1, 2022

MCU Anytime, Anywhere (the “App”) – powered by Fiserv – helps you control your debit cards through your mobile device, making it easy to manage your finances on the go.

The App allows you to:

• get real-time balances for your accounts
• manage your money
• view your transactions
• make transfers
• pay your bills and manage billers
• deposit a check
• receive an alert
• manage cards

This Privacy Policy, in combination with other relevant privacy notices that we provide to you (e.g., pursuant to financial privacy laws), inform you of the policies and practices regarding the collection, use and disclosure of any personal information that we and our service providers collect from or about users in connection with the App’s website and mobile application (the “Services”).

THE TYPES OF INFORMATION WE COLLECT IN THE APP

Through your use of the Services, we may collect personal information from you in the following ways:

• Personal Information You Provide to Us.
• We may collect personal information from you, such as your first and last name, address, email, telephone number, and social security number when you create an account.
• We will collect the financial and transaction information necessary to provide you with the Services, including account numbers, payment card expiration date, payment card identification, verification numbers, and transaction and payment history.
• If you provide feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
• We also collect other types of personal information that you provide voluntarily, such as any information requested by us if you contact us via email regarding support for the Services.
• Personal Information Collected from Third Parties. We may collect certain information from identity verification services and consumer reporting agencies, including credit bureaus, in order to provide some of our Services.
• Personal information Collected Via Technology. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications, and other online services, such as:
• Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
• Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
• Location information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, we will collect location data when you use the Services even when the app is closed or not in use; for example, to provide our fraud detection services.  If you do not want us to collect this information, you may decline the collection of your location when prompted or adjust the location services settings on your device.

HOW WE USE YOUR INFORMATION COLLECTED IN THE APP

• General Use. In general, we use your personal information collected through your use of the Services to respond to your requests as submitted through the Services, to provide you the Services you request, and to help serve you better. We use your personal information, in connection with the App, in the following ways:
• facilitate the creation of, and secure and maintain your account
• identify you as a legitimate user in our system
• provide improved administration of the Services
• provide the Services you request
• improve the quality of experience when you interact with the Services
• send you administrative email notifications, such as security or support and maintenance advisories; and send surveys, offers, and other promotional materials related to the Services.
• Compliance and protection. We may use your personal information to:
• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
• protect our, our or others’ rights, privacy, safety, or property (including by making and defending legal claims)
• audit our internal processes for compliance with legal and contractual requirements and internal policies
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate/deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
• Creation of Non-Identifiable Data. The App may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you.  We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services.  We reserve the right to use and disclose non-identifiable information to third parties in our discretion.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We disclose your personal information collected through your use of the Services as described below.

• In Accordance with Our Other Privacy Notices. Other than as described in the Privacy Policy in connection with the App, this Privacy Policy does not apply to the processing of our information by us of third parties with whom we share information.
• Third Party Service Providers. We may share your personal information with third party or affiliated service providers that perform services for or on behalf of us in providing the App, for the purposes described in the Privacy Policy, including: to provide you with the Services; to the purposes described in this Privacy Policy, including; to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to the App.
• Authorities and Others. Regardless of any choices you make regarding your personal information.  The App may disclose your personal information to law enforcement, government authorities, and private parties, for the compliance and protection services described above.

LINKS TO OTHER SITES

The App may contain links to third party websites.  When you click on a link to any other website or location, you will leave the App and go to another site and another entity may collect personal and/or anonymous information from you.  The App’s provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents.  We have no control over, do not review, and cannot be responsible for, these outside websites.  We encourage you to read the privacy policy of every website you visit.

YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information on the Services.

• How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communicates.  There is currently no standard that governs what, if anything, websites should do when they receive these signals.  We currently do not act in response to these signals.  If and when a standard is established, we may revise its policy on responding to these signals.
• Access, Update, or Correct Your Information. You can access, update, or correct your information by changing preferences in your account.  For additional requests, please contact us.
• Opting Out of Email or SMS Communications. If you have signed-up to receive our email marketing communications, you can opt out of receiving marketing communications by contacting us at the contact information under “Contact Us” below.  If you provide your phone number, through the Services, we may send you notifications by SMS, such as provide a fraud alert.  You may opt out of SMS communications by unlinking your mobile phone number through the Services.
• Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.  Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some of the features of the App.

SAFEGUARDS AND RETENTION

We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification, and disclosure.  Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

A NOTE ABOUT CHILDREN

The Services are not directed towards individuals under the age of 18, and we do not, through the App, intentionally gather personal information about visitors who are under the age of 18.  If a child under 18 submits personal information to us through the App and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision.  We will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Services.  Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Services.  If you object to any such changes, you must notify us prior to the effective date of such changes that you wish to deactivate your account.  Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT US

If you have any questions or complaints about this Privacy Policy or The App’s data collection or processing practices, or if you want to report any security violations to The App, please contact The App by email at: [email protected]  : or by mail at:

Millbury Federal Credit Union

Electronic Banking Department

50 Main Street

Millbury, MA  01527