Suncoast Credit Union’s Online Access Agreement and Disclosures

Suncoast Credit Union's Online Access Agreement and Disclosures

This Online Access Agreement and Disclosures (the “Agreement”) governs the use of Suncoast Online Banking, Bill Payment, eNotifications, Account eStatements, Credit Card eStatements, Online ACH, and all other features and functionality delivered through SunNet, SunMobile and the Suncoast Mobile Application, together referred to as the "Service," provided by Suncoast. By selecting the “I Agree” box/button below, you agree to the terms of this Agreement.

Definitions. As used in this Agreement, "account" and "accounts" mean the Suncoast account(s) tied to your member identification number used through the Service to conduct banking services. "Loan account" and "loan accounts" mean any loan you have with the Suncoast Credit Union. “I”, "you" and "your" mean the person(s) using the Service. ”We”, “our”, “us”, and "Credit Union" refer to Suncoast Credit Union.

Deposit and Credit Agreements

In addition to this Agreement, your accounts are also governed by our Account Agreement and Disclosures and other agreements between you and us now and hereafter in effect, including, without limitation, our Electronic Funds Transfer Agreement and Disclosure, and our Fee Schedule (together, the “Account Agreement and Disclosures”). However, in the event of a conflict, the terms and conditions of this Agreement shall supersede the terms and conditions of the Account Agreement and Disclosures with respect to the Service.

Electronic Records

You agree and consent that for all Communications for all Accounts and Services we may (i) use Electronic Delivery to include but not limited to:

• All legal, regulatory, or other disclosures associated with an Account or Service, as allowed by law;
• All periodic statements for an Account or Service, along with any notices related to such statements that we are required or permitted to include with paper statements;
• All other documentation relevant to an Account or Service, including agreements, amendments, account opening documentation, billing statements, policies and procedures (including but not limited to our privacy policy), terms and conditions, authorizations, updates, notices, responses to claims, transaction history, Individual Retirement Account (IRA) and Employee Retirement Income Security Act (ERISA) information (including but not limited to notices, plan documents, amendments, account opening, verification, maintenance notices, and other such information);
• Member material including proxy materials, periodic reports, corporate actions (e.g., merger and/or acquisition information), fact sheets, newsletters, announcements, and other similar disclosures, material or information;
• Investment materials, including any Communication or disclosures required or permitted to be delivered to you in connection with any investment, strategy, or opportunity;
• Documents related to the administration, management, investment, and distribution of Accounts or Services owned or used by trustees or other fiduciaries;
• Confirmations for transactions made for or against an Account, as well as any document, notice, or other information which we are required or permitted to deliver with such confirmations;
• Documents evidencing, governing or related to credit offerings, including, without limitation, secured and unsecured extensions of credit, mortgage loans and home equity lines of credit, requested by you as well as notices, confirmations, authorizations, or other information which we are required or otherwise choose to send in relation to such credit offerings;
• Tax forms and reports ("Tax Documents") relevant to an Account or Service, including tax forms which we are required or permitted to deliver via Electronic Delivery including, but not limited to, forms in the 1098 and 1099 series and Schedules K-1. Please see the section titled "Additional Provisions for Tax Documents" below for additional terms for electronic delivery of Tax Documents;
• Marketing materials; and
• Any other document or other information required to be provided "in writing" or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

You understand that electronic records may include information about you and your account, including, but not limited to, your name, address, account numbers, check numbers and balance information. We may provide you any or all electronic records at the e-mail address provided to us or we may post any or all electronic records at our SunNet home banking site (“SunNet”) on our website, https://www.suncoastcreditunion.com. If we post electronic records on our website, we will send a notice to you within SunNet alerting you of the posting of such records. If we send a notice to you within SunNet, you will not receive a separate e-mail outside SunNet alerting you of the posting of such records; you must log in to SunNet from time to time to receive such notices. You agree that you will log in to SunNet at least once every 30 days to ensure you receive such notices. If we post electronic records on SunNet, the electronic records will remain available for at least ninety (90) days. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file.

You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. You may withdraw your consent and revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement to receive electronic records, write us at: SCU, Mail Code MSS001, P.O. Box 11904, Tampa FL 33680, by telephone at 800-999-5887 or by any other reasonable means.  A fee to cancel this service or to request paper copies of these electronic records may be imposed as set forth in your Fee Schedule.

"E-mail" Communication: You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim, or damages arising or in any way related to our response(s) to any e-mail or other electronic communication which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the e-mail address set forth below. Any e-mail returned to us as undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid.  Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if communication cannot be authenticated to our satisfaction.

Required Equipment and Software

In order to use the Service , you need a device (in this Agreement, your computer or smart phone device, tablet or other technology and the related equipment are referred to together as your "Device") with capability to run a downloadable application onto the device or a web browser (current version plus previous two versions of major browsers - Internet Explorer, Firefox, Safari, Chrome), a member number, and the Service password. The password is the confidential identification you use to access your account(s) through the Service. You are responsible for the installation, maintenance, and operation of your Device, browser and the software. The Credit Union is not responsible for any errors or failures from any malfunction of your computer, the browser or the software. The Credit Union is also not responsible for any Device virus or related problems that may be associated with the use of an online system. By requesting any electronic funds transfers, internet banking, other electronic records, services or transactions, by submitting any application or agreement to us electronically or by e-mailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you.

Account Service

To use the Service, you must have at least one Credit Union personal share account and a password. Certain features or payment channels may also require a valid email address on file. Through the Service, you may have access to any of your Credit Union share/deposit accounts or loan accounts. The Credit Union reserves the right to deny access to a share/deposit account or loan account or to deny transactions under certain circumstances.

Description of the Service

The Service allows you to perform some or all of the functions listed below from your Device.

Availability of services and features may vary depending on the access channel used. Certain functionalities may be limited or unavailable through mobile applications, online banking platforms, or other digital interfaces.

Online Account Access Functions and Limitations of Transfers

You may use the Service to (including but not limited to):

a.     Bill Pay;

b.     E-bill;

c.     transfer funds between your accounts;

d.     obtain account balances;

e.     obtain history and transaction information on your accounts;

f.      obtain loan account balance information;

g.     profile viewing and editing;

h.     Cashback+

i.       apply payments toward your credit card;

j.       card control – turning debit and credit card on and off;

k.     opening accounts;

l.       apply for a loan (credit card, consumer loan, and mortgage); and

m.   set account alerts

These features are limited to the extent, and subject to the terms, noted below.

       i.         Your ability to transfer funds between certain accounts is limited by federal law and the Account Agreement and Disclosures. You should refer to the Account Agreement and Disclosures for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Service are counted against the permissible number of transfers described in the Account Agreement and Disclosures.

     ii.         Please note that internal transfers may be subject to a processing delay of at least one business day. In general, transactions instructions that are received by 12:00 a.m. (midnight) Eastern Standard Time will be completed that business day. Any instruction received after 12:00 a.m. (midnight) Eastern Standard Time will be completed the next business day. Unless otherwise specified in this Agreement.

    iii.         Transactional information for your accounts will be available from the Service t for a maximum of three statement cycles from the date of inquiry.

Business Days

For purposes of this Agreement, our "business days" are Monday through Friday, excluding published holidays.

Periodic Statements

Periodic statements. You will get a monthly account statement unless there are no transfers in a particular month. In any case you will get the statement at least quarterly.

Password and Security

Your password is required to access Credit Union's Service functions. You agree not to give or make your password available to any unauthorized individual. If you believe your password has been lost or stolen, someone has attempted to use the Service without your consent, your account(s) or loan accounts have been accessed, or someone has transferred money without your permission, you must notify the Credit Union immediately (see Contact Information below).  The Credit Union does not maintain a record of your password. If you lose or forget your password, contact the Credit Union immediately so that you may select a new confidential password.

Your Liability for Unauthorized Transfer.

Tell us AT ONCE if you believe your account information and/or password have been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit and open-end credit). If you believe your account information and/or password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or password without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or password, and we can prove we could have stopped someone from using your account/and or password without your permission if you had told us, you could lose as much as $500.00.

Also, if your Statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the Statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

If you believe your account information and/or password been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

(813) 621-7511
(800) 999-5887

or write to:

 

Suncoast Credit Union
Attn: Error Resolution Dept.
PO Box 11904
Tampa, FL 33680
Fax: (813) 664-0931

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Errors and Questions

In Case of Errors or Questions About Your Electronic Transfers

Send us a secure online mail message, telephone us at (813) 621-7511 or (800) 999-5887, or write us at Suncoast Credit Union, Post Office Box 11904, Tampa, Florida 33680 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

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

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

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

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

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

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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

Disclosure of Account Information to Third Parties

We will disclose information to third parties about your Account or transfers you made:

• When it is necessary to complete the transfers;

•  In order to verify the existence and conditions of your Account for a third party, such as a credit bureau or merchant;

• In order to comply with a government agency or court orders; or

• If you give us written permission.

To protect you, we may use tools and services provided by third parties to help us decide whether to accept submissions from personal computers, mobile phones, or other devices. These third-party providers may check whether user devices have been identified with fraudulent or abusive transactions in the past, such as reported instances of identity theft, account takeovers, or malware attacks. For this purpose, a cookie, flash storage token, or other code file may be placed on your device to identify it in the future when you visit our website or connect with our other online applications. If you set your browser or device to reject these cookies or tokens, you may not be able to access some features of our website or other online applications.

When you access the Service, we will transmit this third-party device identification code to the third-party provider, along with data concerning certain technical attributes of your device such as the model, operating system, and browser version, as well as the IP address (all of which are used to confirm device identification). We may then receive information from these third-party providers indicating that submissions from a user’s device should not be accepted. We may also inform such third-party providers if we determine that a device has been used in connection with a fraudulent or abusive transaction with us. In addition, in certain situations, we may share with one or more of these third-party providers certain personal identifying information and information about the device you are using. If you receive a message from us indicating that a requested submission has not been processed, we will provide appropriate member service contact information.

Data Recording

When you access the Service to conduct transactions, the information you enter may be recorded. By using the Service, you consent to such recording.

No Signature Required

When using the Service to conduct transactions, you agree that the Credit Union may debit your account to complete the transactions, or honor debits you have not signed.

Charges

You will not be charged for the "view accounts", or "transfer funds" features of the Service. Bill Pay Services, eNotices as well as eStatements are FREE. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Account Agreement and Disclosures - and Loan Agreement.

Amendments

The terms of this Agreement, applicable fees, and service charges may be altered or amended by the Credit Union from time to time. In such event, the Credit Union shall send notice as required by law to you either at your address as it appears on the Credit Union’s records or on-line notice through the Service. Any continuation of the Service after the Credit Union sends you a notice of change will constitute your agreement to such change(s). Further, the Credit Union may, from time to time, revise or update the Credit Union program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, the Credit Union reserves the right to terminate this Agreement as to all such prior versions of the Credit Union programs, services, and/or related material(s) and limit access to the Credit Union’s more recent versions and updates. Notification applicability will be dependent on availability of Service in each channel.

Address Changes

You agree to promptly notify the Credit Union of any address change. We may require an address change to be provided in writing.

Termination or Discontinuation

The use of the Service does not require enrollment on your behalf, therefore, termination of the Service by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. We may terminate any Service at any time without your consent or notice to you except as required by applicable laws and regulations.  Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

Payee Limitation

The Credit Union reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. The Credit Union is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments, which are prohibited under this Agreement.

Assignment

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

No Waiver

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

Captions

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

Governing Law

This Agreement is governed and shall be construed in accordance with the laws of the State of Florida, excluding its choice of law rules. In the event legal action is necessary to enforce this Agreement, the prevailing party has the right to payment by the other party of reasonable attorney’s fees and costs, including any appeal and post-judgment actions, as applicable. Except as prohibited by applicable law, you and the Credit Union agree that such legal action shall be filed and heard in Hillsborough County, Florida. Any disputes regarding this Agreement shall be within the jurisdiction of the courts of Hillsborough County, Florida. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.

Authorized Transactions

When you give someone your password, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized.

Transactions that you or someone acting with you initiate with fraudulent intent are also authorized transactions.

For your protection, sign off after every online session and close your browser to ensure confidentiality.

Preauthorized Payments

Right to stop payment and procedure for doing so.

If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call us at 813-621-7511, or write to us at P.O. Box 11904, Tampa FL 33680, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you $29.00 for each stop-payment order you give.)

Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you 10 days before each payment, when it will be made and how much it will be.

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

Our Liability for Failure to Complete Bill Pay Services Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If, through no fault of ours, you don't have enough available funds in your account to cover the transaction or transfer;

• If Bill Payment Service wasn't working properly, and you knew about the malfunction when you started the transaction or transfer;

• If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions that we have taken;

• There may be other exceptions stated in our agreements with you.

EXCLUSION OF WARRANTIES. THE CREDIT UNION IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE CREDIT UNION DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREDIT UNION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF THE CREDIT UNION HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY APPLICABLE LAW, IF ANY LIABILITY IS IMPOSED ON THE CREDIT UNION, THE CREDIT UNION’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE FOREGOING SHALL CONSTITUTE THE CREDIT UNION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

Electronic Signature: I consent and confirm that my SunNet, SunMobile and the Suncoast Mobile Application login and password that I used to access the Service constitute my signature, acceptance and agreement to the terms and conditions provided on this page, as if actually signed by me in writing. Further, I agree that no certification authority or other third-party verification is necessary to the validity of my electronic signature. I agree that the lack of such certification or third-party verification will not in any way affect the enforceability of my signature or any resulting contract between me and the Credit Union.

Suncoast Credit Union’s Online Payments and Transfers Agreement and Disclosure Statement

This Suncoast Credit Union Online Payments and Transfers Agreement and Disclosure (hereinafter called the “Agreement”) governs the use of the Credit Union Online Payments and Transfers Services (referred to individually as a “Service” and together as the "Services"). For purposes of this Agreement, the Services are the Bill Payment Service, the Transfer Service, the Pay a Person Service, and other services described in this Agreement. The Services are also governed by and subject to the provisions of the Credit Union’s Online Access Agreement and Disclosures. In this agreement we, us, our, the Credit Union refers to Suncoast Credit Union, and you or yours refers to the owner of an eligible share/deposit account or authorized representative of the owner of an eligible share/deposit account.

By using the Services, or any of them, you agree to the terms and conditions in this agreement and disclosure (referred to below as the "Agreement").  We may withhold the Services from you in our sole discretion.

Any Account accessed through the Services, or any of them, is also subject to the terms and conditions of your Account, including, without limitation, our Account Agreement and Disclosures, including the section entitled "Electronic Fund Transfer Agreement and Disclosure," and our Fee Schedule (“Account Disclosures”), which are incorporated herein by reference, except to the extent the Account Disclosures expressly conflict with the terms of this Agreement. You should review the Account Disclosures carefully, as they may include additional transaction limitations and fees that might apply to your use of the Services. This Agreement does not change any other agreements between you and the Credit Union. By way of example only, terms and conditions governing a loan advance from a Personal Line Account shall not be changed by this Agreement.

I.                     Bill Payment Service

You may use Bill Payment Service to pay current, future, and recurring bills from a share eligible account, referred to as eligible account, to billers you designate. You must give us the name and address of the biller (the company or person who will receive the payment), your account, or other identifying number (if any) with the biller. Bill payments may only be made to payees with U.S. payment addresses. When you schedule a bill payment using this Service, you authorize us to withdraw the necessary funds from the designated eligible account. We may refuse to act on your instructions if sufficient funds are not available on the date we attempt to process the payment. Use the “Transfer Funds” menu in the online banking services to pay your loans with us at the Credit Union.  We strongly recommend you do not use this Service to make payments to the following due to the risk associated with late payments and additional documents often required when submitting payments: The Government, The State, County Taxes, Attorneys, Collection Agencies, Court Orders, or to make Investments for settlement of securities like stocks. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT OR WHETHER THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN TO US.

E-Bill

Electronic bill is a digital version of a paper bill that can be viewed and paid for online. Members can log into the biller’s site and obtain an electronic statement directly in Bill Payment Service. E-Bill autopay will retrieve data needed like amount due and due date to allow the payment to be made automatically. The biller may require multifactor authentication.

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

Business Days for Bill Payments

For Bill Payment Service, our "business days" are Monday through Friday, excluding published holidays. A "business day" ends at 4:00 PM Eastern Standard Time each afternoon. 

Processing Bill Payments 

We can process a bill payment on the next Business Day after you initiate bill payment instructions. If you schedule a bill payment for a future date, we process the transaction on that specified processed date, provided that date is a Business Day. If the processed date you schedule for your transaction is not a Business Day or a holiday, we may process the transaction on the Business Day immediately prior to the processed date you scheduled.

Expedited Delivery for bill payments may be offered. This option is available for check payments only. When you select this option, you will be notified of a fee for this service, and the check will be sent via 2-business day delivery. After enabling the expedited delivery option and authorizing the fee deduction from your selected account, the payments send date and expected delivery date will be displayed. For fees related to expedited service, please refer to the Fee Schedule. The fee for expedite service is $24.95.

We deduct the amount of your bill payment from your eligible account on the date we process the instruction. To ensure that your payments arrive on time, you must schedule payments to be processed at least seven (7) Business Days for manually processed check items and three (3) Business Days for electronically processed items before the payment due date. This generally allows sufficient time for the biller to receive and post the payment. We are not responsible for postal delays, processing delays or late payments by the biller.

We process bill payment instructions only when there are sufficient funds available in your eligible account. If sufficient funds are not available in your eligible account on the scheduled date of payment your payment will be rejected. If you have overdraft protection on your account, we may utilize the overdraft protection account(s) assigned. If sufficient funds are not available in your eligible account, we will reject the payment. Each rejected payment will generate a message disclosing the rejected payment status (NSF). When sufficient funds are available in your eligible account to make the payment and you wish to remit the payment, you will have to again initiate the payment using this Service.

When you add billers to this Service, you must enter your account/reference number and address as they appear on the relevant payment stub or invoice. Occasionally a biller may choose not to participate in this Service or may require additional information before accepting payments electronically. We work with these billers to encourage them to accept an electronic or check payment from the Credit Union. 

If we are unsuccessful, or if we believe that the biller cannot process payments in a timely manner, we may decline to make future electronic payments to that biller. In the unlikely event that this occurs, we will send you a notice. We may always refuse to make payments to certain billers.

How Bill Payments are Made 

Your bill payments are processed by a third-party service by either sending an electronic transmission to the biller or by mailing a draft to the biller, based on the information you have provided to us regarding the biller. Please note that billers who receive electronic delivery will receive your payment information, including the account number, through a computer link. Electronic payments are generally received and credited by most billers within three Business Days. All checks drawn on your account are mailed through the U.S. Postal Service. Check payments are generally received and credited by most billers within seven Business Days.

Canceling a Bill Payment 

You may cancel a pending bill payment transaction. However, to do so, we must receive your instructions to cancel it prior to 4:00 PM Eastern Standard Time on the date the transaction is scheduled to be processed. If we do not receive your instructions to cancel a transaction before that time, we may process the transaction. To cancel any payment transaction, you must delete or cancel the transaction within the service application.

Limits on Bill Payments

The maximum amount of a single bill payment transaction is $25,000.00.  The daily limit for all bill payment transactions is $25,000.00.  The weekly limit for all bill payment transactions is $75,000.00.  The monthly limit for all bill payment transactions is $200,000.00. The weekly limit may vary by channel.

II.                     Transfer Service

Definitions

External Account – refers to a non-Suncoast account, or an account at another financial institution.

External Transfer – refers to the transfer of funds from or to a non-Suncoast account.

Description

Account to Account transfers (“Transfer Service”) lets you transfer funds:

·       From your Suncoast eligible accounts to your accounts at other United States financial institutions (“Financial Institutions”); and

·       From your accounts at other United Stated financial institutions to your Suncoast eligible accounts.

If your Suncoast Accounts and/or Service are suspended or terminated for any reason, you will have no further right or access to use the Transfer Service.

Information Authorization for non-Suncoast Accounts

We may validate the External Accounts that you add to the Transfer Service. You authorize us to validate the non-Suncoast Accounts in a manner selected by us, including through the use of a test transfer, in which one or more low value payments are credited to and debited from your non-Suncoast Account. Once the test transfer is complete, we may ask you to access this non-Suncoast Account to tell us the amount of the test credit or debit or any additional information reported by your Financial Institution with the test transfer. We may also verify non-Suncoast Accounts by requiring you to submit proof of ownership of such Account(s) and/or using login credentials from a non-Suncoast Account. Validation may vary by channel.

Accounts

By using the Transfer Service, you represent and warrant to us that:

• You own or are an authorized signer (with full rights to make all transfers and withdrawals of any sort) on the Account held with us and at the non-Suncoast Financial Institution;

• Your Account at the non-Suncoast Financial Institution is a United States account;

• Your Account and applicable law permit transfers;

• You have the right to authorize and permit us to access your Accounts to complete such fund transfers or for any other purpose authorized by this section;

• By disclosing to us and authorizing us to use Account information and complete the transfer you are not violating any third-party rights; and

• Information you provide to us is true, current, accurate and complete.

You authorize and permit us to use information you submit to make transfers and to configure the Transfer Service to be compatible with the Accounts.

Not all types of accounts are eligible for Transfer Services. We may decline the use of any Account that we believe may present a risk to you and/or us. Be sure to check with your Financial Institution for restrictions regarding transfers among your accounts.

Business Days for Transfer Services

For Transfer Services, our "business days" are Monday through Friday, excluding published holidays. A "business day" ends at 4:00 PM Eastern Standard Time each afternoon.

Transfer Types and Limitations

Type of Transfers. We may add new features to the Transfer Service, including a next-day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline a funds transfer that we believe may violate applicable law of regulation.

Frequency of Transfers. We do not limit the number of funds transfers you may make; however, the account agreement for the relevant Account may provide transfers limits. For security and risk management reasons we may modify the limit, the frequency, and the dollar amount of transfers you can make using our Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of the Credit Union.

Dollar Amount of Transfers. You may not make fund transfers in excess of dollar limits for the Transfer Service. We reserve the right to change the dollar amount of fund transfers you are permitted to make using our Transfer Service. In the event that your use of the Transfer Service has been suspended and reinstated as provided below (see Section Suspension, Reinstatement, and Termination), you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

The maximum amount of a single outbound Transfer is $1,000.00.  The maximum amount of a single inbound transfer is $1,000.00.  The daily limit for all outbound Transfers is $1,000.00.  The daily limit for all inbound Transfers is $1,000.00. The weekly limit for all outbound Transfers is $3,000.00.  The weekly limit for all inbound Transfers is $3,000.00.  The monthly limit for all outbound Transfers is $5,000.00.  The monthly limit for all inbound Transfers is $5,000.00. The weekly limit may vary by channel.

Transfers subject to the Rules of the Accounts. All fund transfers are subject to the rules, laws, and regulations governing the relevant Accounts. You may not initiate any fund transfers from or to any Accounts that are not allowed under the rules, laws, or regulations applicable to such Accounts including rules, laws, or regulations designed to prevent the transfer of funds in violation of the Office of Foreign Assets Control (OFAC) regulations.

Failure or Rejection of Transfers. Upon learning that the fund transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again. If the fund transfer fails, we will notify you to contact your non-Suncoast Financial Institution to learn more about the failure.

We reserve the right to decline: (i) any fund transfer, (ii) to submit fund transfer instructions or orders, or (iii) to carry out change or cancellation requests.

You represent and warrant to us that you have enough money in the non-Suncoast Accounts to make any funds transfer you request that we make on your behalf through the Transfer Service. If we receive a transfer request against your Account and there are not enough available funds in your Account to cover the transfer, we may at our sole discretion:

• Cover the transfer in accordance with the terms of any written overdraft protection plan that you and we have established;

• Cover the transfer and create an overdraft to your Account; or

• Decline the transfer.

We may make this decision regardless of whether we may have previously honored or dishonored overdrafts. Fees may vary depending on the action we take. Any negative balance on an Account with the Credit Union is immediately due and payable, unless we agree otherwise in writing, and you agree to reimburse us for the costs and expenses (including attorney fees and expenses) we incur in recovering the negative balance (including overdraft and associated fees).

Your Right to Cancel a Transfer. Payments that are in process cannot be cancelled or stopped. When the Transfer Service offers recurring and/or future on-time transfers, you may cancel any transfer if you complete the request before the process date of the one-time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is cancelled, all future transfers will be cancelled, and you must reschedule it if you want transfers to be made in the future.

Revocation: Your authorization will remain in full force and effect until you notify us of your intention to revoke either in writing, by phone or by logging into the Transfer Service. Please note that the cut-off time for cancelling or revoking is 4:00 PM Eastern Standard Time on the schedule date.

Authorization

You agree that your transfer instructions are the authorization for us to complete the funds transfer. You authorize us to select any means to execute your fund transfer instructions, such as the Automatic Clearing House (ACH). You will be bound by the rules, laws, and regulations that govern the applicable fund transfer systems, such as ACH rules as published by the National Automated Clearinghouse Association (Nacha), or Article 4A of the Uniform Commercial Code.

We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid. For Credit Union Accounts, any interest earned on such funds during the hold period will remain the property of the Credit Union.

To complete your funds transfer we may utilize ACH transfers, which will result in a debit to one of your Accounts and a credit to another of your Accounts. All Credit Union ACH transfers go through a Credit Union transfer account. The Credit Union typically holds funds for 3-4 Business Days to make sure that the item will not be returned unpaid before we credit your Account. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the returned item and for any returned item fee.

Suspension, Reinstatement and Termination

Without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the External Transfer Service, immediately and without prior notice to you, if we incur a problem with your use of the External Transfer Service. We may do so if, for example, there is a failure in attempting to debit any of your Accounts or to collect any of your fund transfers as described above. You understand and agree that such action is reasonable for us to take in order to protect the Credit Union from loss.

In our sole discretion, we may grant to deny reinstatement of your use of the External Transfer Service. If we agree to reinstate you, we may initially reinstate your External Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions. Based upon your subsequent usage of the External Transfer Service, we may restore your ability to complete transfers subject to such higher limits as may then be in effect.

Subject to applicable law or regulation, we may terminate your right to use the External Transfer Service at any time and for any reason, including if in our sole judgement we believe you:

• Engaged in conduct or activities that violate any of the terms of this Agreement or our rights; or

• Provided us with false or misleading information; or

• Interfered with other users or the administration of the External Transfer Services.

Account Number Policy

If the instructions for a transfer under the External Transfer Service identify a Financial Institution by name and account number, we or the relevant Financial Institution may execute those instructions by reference to the account number only, even if the account number does not correspond to the name. You agree that neither we nor the relevant Financial Institution will have responsibility to investigate discrepancies between names and account numbers.

Your Responsibility for Errors

We must rely on the information you provided, and you authorize us to act on any instructions, which has been or reasonably appears to have been sent by you or your Authorized Representative, to submit fund transfer instructions on your behalf. Financial Institutions receiving the fund transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. If you or your Authorized Representative provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

We are not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of Financial Institutions holding the non-Suncoast Account, unless otherwise required by law or regulation. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant Financial Institution. Any rights you may have against a Financial Institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such Financial Institution, including any time limits during which complaints must be made.

Our Liability

If we do not provide a fund transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable fund transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.

We are not liable for any costs, fees, losses or indirect, special, or consequential damages of any kind incurred as a result of:

• Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your fund transfer instructions; or

• Inaccuracy, incompleteness, or misinformation contained in the information retrieved on the accounts; or

• Fund transfer limitations set by the non-Suncoast Financial Institution or by applicable law or regulation; or

• Not enough money in your Account to make the fund transfer; or

• Transfers exceeding the credit limit on any applicable overdraft line; or

• System failures at a non-Suncoast Financial Institution and we are unable to complete the transfer; or

• Third party causes, including your non-Suncoast Financial Institution.

Security

Security Procedures. The Financial Institution at which your account is maintained may contact us to verify the content and authority of fund transfer instructions and any changes to those instructions. In connection with the Transfer Service, we may provide that Financial Institution with information as may be required to verify the instructions, and the verification may constitute a valid security procedure under the rules governing that Account.

Deviating from Security Procedures. You permit us to authorize your non-Suncoast Financial Institution to accept funds and transfer instructions in accordance with any authorization procedures you and such Financial Institution have agreed upon, or that we, on your behalf, and such Financial Institution have agreed upon, without verifying the instructions under the established security procedures, regardless of whether you agreed to the security procedures or we agreed on your behalf. In addition, we may authorize such Financial Institution to debit your Accounts based solely on these communications.

Additional Provisions for Business Accounts. The provisions in this Section apply only to transfers to and/or from business accounts. You agree that the password security described in the Agreement and in this Section sets forth security procedures for fund transfers that are commercially reasonable. To the extent that any transfer requests to and/or from business accounts, which are subject to Article 4A of the Uniform Commercial Code (‘UCC 4A”), you agree that we are liable only for damages required to be paid under UCC 4A. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including lost profits, even if we have been informed of the possibility of such damage, except as may be required by law or regulation.

III.       Pay a Person Service

The P2P Service allows a Sender to transfer funds to a Contact through electronic means.

Definitions

“Account” or “Accounts” refers to any accounts that may be debited or credited with funds under these provisions with respect to the Pay a Person Service.

“Contact” means the person to whom the Sender transfers funds.

“Sender” is the Credit Union member that transfers funds to another person through the Service.

“Pay a Person Service” means the Pay a Person Service that allows a Sender to send funds to Contact.

“Service Provider” is any third-party vendor that arranges for pay a person payments to customers of any U.S. financial institution.

“Site” is the Service Provider’s electronic location accessed by a user through a mobile phone, computer or other access device.

“Transfer” means an electronic movement of funds from an account at the Credit Union to an account of another party by means of the Pay a Person Service.

“Transfer Instructions” are the information that you provide when using the Pay a Person Service.

“Us,” “We,” and “Our” means the Credit Union.

“You” and “Your” mean each person who applies or registers to use the Pay a Person Service and each person who uses the Pay a Person Service, including both the Sender and Contact of a Transfer.

Description of Pay a Person Service and Consent

Credit Union members may send one-time or recurring Transfers to Credit Union members or a depositor of another US financial institution. Notice is given to the Contact by the Sender providing the Contact's email address or mobile phone number. You may originate these Transfers by using a computer or a mobile smart phone. You may register for the Pay a Person Service which will make future Transfers more convenient for you. To use this Pay a Person Service you are providing information to our Pay a Person Service Provider from your mobile phone, desktop, laptop, or other computer. Service Provider is a vendor of the Credit Union.

By participating in the Pay a Person Service, you are representing to the Credit Union that you are the owner, or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding Transfers. In addition, you are consenting to the receipt of emails or automated text messages from the Credit Union or its agent regarding the Transfers and represent to the Credit Union that you have obtained the consent of the Contacts of your intended Transfers.

Funds may be transferred to any account in the United States as long as the Transfer is legal and allowed by the financial institutions involved.  You warrant to the Credit Union and Service Provider that you will not use the Pay a Person Service for any purpose that is unlawful or is not permitted by these Terms of Use or applicable law or regulation.

Transfers

You may make one-time or recurring Transfers with the Pay a Person service.  The Sender provides the Contact's email address or mobile phone number, and the Pay a Person Service uses this information to notify the Contact. A Contact must accept the Transfer within 10 days, or the Transfer will be cancelled and reversed. During this period, funds may be removed from the Sender's Account for the amount of the Transfer and the fee. Once the Contact has successfully accepted the Transfer, funds will be sent to the Contact’s financial institutions for deposit to the Contact's account. The Credit Union is not responsible for any failure of another financial institution to timely credit its customers’ account.

You acknowledge and agree that Transfers will be completed using only the email address or mobile phone number you enter even, if it identifies a person different from your intended Contact. You must accurately enter the Contact's email address or mobile phone number since your obligation to pay for the Transfer will not be excused by an error in the information you enter.

It is the responsibility of the Sender and Contact of funds to provide accurate information. You agree that you as Sender are authorized to withdraw or as Contact are authorized to deposit funds into the Accounts whose numbers you provide. You authorize the Credit Union, directly or through third parties, to make any inquiries considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources.  You agree further that the Credit Union and Service Provider, in addition to obtaining a credit report, may obtain such additional information as deemed necessary by either of them to ensure that you, or persons to whom you may transfer funds, are not using the Pay a Person Service in violation of law. Including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

You authorize the Credit Union to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the crediting of your account using Nacha.

Sender Acknowledgment

By using this Pay a Person Service you, as the Sender, authorize the sending of an email or text message instructing the Contact how to receive the funds that you are sending. You are further authorizing any Contact of this message to act on the instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide or text message at the mobile phone number you provide may obtain the funds you are sending.

You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message you provide. Your funds may not reach the intended Contact because of errors made by the Sender or Contact and you could lose all the funds. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer.  We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions. Furthermore, we may reject any Transfer request and may terminate your use of this Pay a Person Service for any reason including attempting insufficient funded Transfers.

Contact Acknowledgment

By using this Pay a Person Service, the Contact will be asked to provide an account number and routing number for their financial institution, which will be used to transfer funds to the Account. The funds will be transferred through the Automated Clearing House.

The Contact will enter the answer to the security question to validate identity.

It is important that the Contact enter accurate information. The Contact agrees that the Credit Union, the receiving financial institution and our Service Provider may rely solely on the instructions the Contact provide. If the Contact enters inaccurate account number information the funds may be deposited into another person’s account. The Contact acknowledges that the financial institution may make the deposit based on the account number that the Contact provides even if that number does not correlate to the name that they provide. Retrieval of these funds will be the Contact’s responsibility to work with the financial institution to which the funds were sent. The Contact may lose all the funds that were transferred. The funds that are credited to the account cannot be recalled by us.

If the Contact suspects that they have entered information incorrectly or that they have received funds in error, call us immediately and we may attempt to cancel the transaction. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Contact’s instructions.

By using this Pay a Person Service, the Contact agrees that they are the intended Contact of the email or text message, they consent to the transmission by us or our Service Provider of the email or text message, and they agree that they are the intended Contact of the funds. If they are not the person to whom the funds are intended, then the Contact agrees to take no further action. The Contact understands that it is a federal felony to use another person's identification with the intent to commit unlawful activity. The Contacts represents that the information they provide is true and correct information. If any information the Contact provides is fraudulent, the Credit Union reserves the right to recover all costs or losses from you, regardless of whether such costs or losses are incurred directly or indirectly.

Fee for Service

Transfers may overdraft your account and may result in a transfer from another account to cover the overdraft.  Fees, if applicable for these situations, are shown in the Fee Schedule. You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account.

Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees. The receiving institution may have limits on the number and type of Transfers allowed. The financial institution of the Contact may also charge a transaction fee.

Timing of Transfers

Transfers to remove the funds from the Sender’s Account may take place immediately; however, the timing of funds received will depend on when the Contact responds to the email or text message and when their financial institution posts the Transfer. The posting of the Transfer is dependent on the business days of that institution.

Limits on Transfers

The maximum amount of a single Transfer is $1,000.00.  The daily limit for all Transfers is $1,000.00.  The weekly limit for all Transfers is $3,000.00.  The monthly limit for all Transfers is $5,000.00.  The weekly limit may vary by channel.

Issues Affecting the Posting of Transfers

You authorize us to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the Credit Union to credit your Account using Nacha.

Other events may affect the timing or success of a Transfer reaching the intended Contact. Such events may include, but are not limited to, errors made by the Sender or Contact in entering information, inaccurate account information, delays in posting by the receiving institution, acts of God, and network and Nacha interruptions. If we believe the Transfer may be illegal, we may decline or reverse the Transfer. The receiving institution may choose not to post the Transfer or to delay posting the Transfer. Neither the Credit Union nor the Service Provider is responsible for any delays in the Transfer of funds or the posting of funds to the Contact’s Account. The Contact may have certain rights and responsibilities regarding the failure to timely post transactions, and you are encouraged to pursue dispute resolution with the receiving financial institution.

Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow an ACH transfer of funds. The Contact is responsible for ensuring that these types of Transfers are allowed for the Account that they specify. For example, an IRA may not allow electronic transfers directly into the Account. We are not responsible for any action or lack of action taken by the financial institution that delays, inhibits, or prevents the posting of the Transfer to the Account.

Security

The Sender and Contact of funds may choose to register for this Pay a Person Service to simplify their future use of the Pay a Person Service. They may ask to create a username and password and are responsible for keeping the username and password secure. We will not ask you for your password.

If the financial institution contacts us or our Service Provider for information regarding your Account, you authorize us to discuss the Transfer and the account information you have provided.

Cookies, Browser Information, and Related Issues

When you visit the Site, the Service Provider may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring to website addresses, and other information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Pay a Person Service by assisting in "authenticating" who you are when you access the Site or Pay a Person Service, particularly if you register for the Pay a Person Service and are issued or create a username and password.

The Service Provider may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Pay a Person Service. This data may be used, among other uses, to improve the operation of the Site and the Pay a Person Service.

Like most websites, the Site also uses "cookies", which are small data files placed on your computer or other device by the web server when you visit the Site. Most such cookies are "session" cookies that are only used for a specific period during which you are on the Site, but a few are "persistent" cookies that stay on your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to personal information about you, such as your email address. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies.

You may encounter the Service Provider’s cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application.

Liability; Limitation on Liability

Except as otherwise required by applicable law, your sole and exclusive remedy in the event the Credit Union or Service Provider shall fail to process a Transfer in accordance with the Sender’s Transfer Instructions and the provisions hereof, or in the event the Credit Union or Service Provider is otherwise in breach of this Agreement, shall be the return of any improperly transferred funds or the direction of any misdirected funds to the proper Account. Credit Union and Service Provider are not responsible or liable if the Contact’s financial institution fails to accept or complete a Transfer.

Business Days for Pay a Person Service

For Pay a Person Service, our "business days" are Monday through Friday, excluding published holidays. A "business day" ends at 4:00 PM Eastern Standard Time each afternoon.

IV.       CashBack+(Rewards)

As part of the Service, we may offer members the opportunity to redeem rewards or balances through CashBack+, a reward account provided by the Credit Union. With CashBack+ ,you can earn cash back rewards by purchasing digital gift cards, as well as by completing reward-eligible actions related to the Credit Union. May not be available in all channels.

V.         Deposit Switching

As part of the Service, may offer tools to assist you in switching or setting up direct deposit to your selected account. By using these services, you authorize the collection and use of the necessary payroll and banking information to facilitate the transfer or initiation of direct deposit.

VI.       General

The provisions of this Article apply to all Services except to the extent the provisions in the Articles above are specific to any Service expressly conflict with Article.

Limits on Use

You may only use the Services for your own use.  If your account is a consumer account, you will only use the Services for such account for personal, family or household purposes. If your account is a business account, you will only use the Services for business purposes and not for any personal, family or household purposes. 

You are prohibited from:

1. Using the Services for further resale, relicense or other use by third parties;

2. Copying, reproducing, modifying, altering, bridging, enhancing, customizing or making derivative works of or improvements or enhancements to the Services;

3. Impairing or altering the functionality of the Services;

4. Causing or permitting the reverse engineering, disassembly, translation, adaption, or decompilation of the Services or use the results of such processes;

5. Any attempts to derive source code or algorithms of the Services or use the results of such processes;

6. Assigning or sublicensing your limited license and right to use the Services under this Agreement.

You understand and agree that you have no right, title or interest (including, but not limited to, any intellectual property rights) in the Services. 

You understand and agree that the Credit Union may obtain and use information regarding your account(s) to facilitate proper handling and crediting of account transactions using the Services.

You understand and agree that all information regarding the Services is strictly confidential.  You will not use, disclose or otherwise make any information regarding the Services available to any third parties except as necessary to make use of the Services or as otherwise required or permitted by applicable law. 

Limitations on Payments and Transfers

For security reasons, the Credit Union may establish limits on the number of Payments and Transfers and on the total dollar amount of Payments and Transfers that can be attempted or completed in one day. We may modify the amount and frequency of Payments and Transfers at any time. 

Disclosure of Information to Third Parties

The Credit Union shall disclose information to third parties in order to complete or process Services and as stated as follows:

• To verify the existence and condition of your account for a third party such as a credit bureau or merchant;

• To comply with laws, government agency directives, court orders, subpoenas, or legal process or to federal regulators like the National Credit Union Administration (NCUA); andAt our discretion, to affiliates as permitted by law.

Compliance with Rules

Transfer instructions when using a Service (except bill payments by mail) shall be governed by received pursuant to the terms of this Agreement, and the rules of the National Automated Clearing House Association (“Nacha”) and the applicable automated clearing house, as well as any EFT Network, or networks, utilized to automate the transfer of funds and governed by Regulation E, (collectively, the “Rules”).  The parties agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an Account shall be provisional until the Credit Union or the third party institution, which holds the account, has finally settled such credit.

Limitations of Warranties

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 SERVICES, AND OPERATION OF THE SERVICES MAY BE ADVERSELY AFFECTED BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OR 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.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF THE CREDIT UNION AND ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICES AND THE PORTION OF OUR WEBSITE THROUGH WHICH SERVICES ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, A 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 OR OTHER REASONS. 

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREDIT UNION OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, 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 SERVICES, OR ANY OF THEM, OR THE PORTION OF OUR WEBSITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.

Limitation on Damages

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN OR AS REQUIRED BY APPLICABLE LAW, THE CREDIT UNION’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS 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, TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

Time for Making a Claim

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREDIT UNION OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES, OR ANY OF THEM, OR THE PORTION OF OUR WEBSITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OF COMPETENT JURISDICTION 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.

Indemnification

Except as otherwise required by applicable law, you agree to indemnify, defend, and hold the Credit Union and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of the Services, our reliance on your funds transfer instructions and other information you provide, your violation of any of the terms and provisions of this Agreement, or the performance or non-performance of other financial institutions, or other signers, owners or users of your Accounts.

Survival

You agree the Limitations of Warranties, Limitation on Damages, Time for Making a Claim, and Indemnification provisions of this Agreement shall survive termination of this Agreement for any reason. The failure of the Credit Union or its service provider to enforce the strict performance of any conditions of this Agreement shall not constitute a waiver of such party’s right to subsequently enforce such provision or any other provisions of this Agreement.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

Right To Amend

The Credit Union reserves the right to change the terms and conditions of this Agreement by giving you a notice required by law either by mail or electronic email.

Monthly Statements

All electronic payments and transfers will be disclosed on your monthly statement including the date of payment (processed date) and the name of the biller.

Governing Law 

This Agreement shall be governed by the laws of the State of Florida, without giving effect to any principles of conflicts of laws.  In the event legal action is necessary to enforce this Agreement, the prevailing party has the right to payment by the other party of reasonable attorney’s fees and costs, including any appeal and post-judgment actions, as applicable. Except as prohibited by applicable law, you and the Credit Union agree that such legal action shall only be filed and heard in Hillsborough County, Florida. Any disputes regarding this Agreement shall be within the exclusive jurisdiction of the courts of Hillsborough County, Florida.

Contacting Us 

If you have any questions about the Services or this Agreement, you may contact us at the phone number or postal address below:

Suncoast Credit Union
Post Office Box 11904

Mail Code EBZ400
Tampa, Florida 33680

(813) 621-7511 or (800) 999-5887

Error Resolution 

In Case of Errors or Questions about Your Electronic Transactions: Send us a secure online mail message using SunNet call us at (813) 621-7511 or (800) 999-5887, or write us at the address below as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.

Suncoast Credit Union
Post Office Box 11904

Mail Code DSP001
Tampa, Florida 33680

We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.

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

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

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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

Your Liability for Unauthorized Transfers

Tell us at once if you believe your password or PIN has been lost or stolen compromised or if someone has transferred or may transfer money from your account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit and open-end credit). If you believe your account information and/or password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or password without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or password, and we can prove we could have stopped someone from using your account/and or password without your permission if you had told us, you could lose as much as $500.00.

Also, if your Statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the Statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

If you believe your account information, password or PIN has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

(813) 621-7511
(800) 999-5887

or write to:

Suncoast Credit Union
PO Box 11904

Mail Code DSP001
Tampa, FL 33680
Fax: (813) 664-0931

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

When you give someone your password or PIN, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized.

Transactions that you or someone acting with you initiate with fraudulent intent are also authorized transactions. 

For your protection, sign off after every online session and close your browser to ensure confidentiality.

Preauthorized payments

(1) Right to stop payment and procedure for doing so.  If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call us at 813-621-7511, or write us at P.O. Box 11904, Tampa FL 33680, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you $29 for each stop-payment order you give.)

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

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

Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
 

• If, through no fault of ours, you don’t have enough available funds in your account to cover the transaction or transfer;
• If a Service wasn't working properly, and you knew about the malfunction when you started the transaction or transfer;
• If the third party to whom any bill payment is to be made fails to properly transmit the payment to the intended biller;
• If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions we've taken;
• If there are postal delays or processing delays by the biller;
   

There may be other exceptions not specifically mentioned. 

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OTHER THOSE EXPRESS SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT OR WHETHER THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN TO US.

Remote Deposit Capture Terms and Conditions

This Agreement governs your use of the Remote Deposit service (the "Service"). By enrolling to use the Service, or using the Service, you agree to be bound by the terms and conditions contained in this Agreement.

Please read this Agreement carefully and keep it for future reference. In addition to this Agreement, your Account is also governed by our Account Agreement and Disclosures, including the section entitled "Electronic Fund Transfers Agreement and Disclosure," and Fees and Charges (together, the "Account Agreement"). However, in the event of a conflict, the terms and conditions of this Agreement shall supersede the terms and conditions of the Account Agreement with respect to the deposits made through the Service. Deposits made through other channels continue to be governed by the Account Agreement.

Definitions

"You" and "your" mean a person who has applied for or uses the Remote Deposit service.

"Credit Union," "we," "us" and "our" mean Suncoast Credit Union and its successors or assigns.

"Account" means your deposit account with us to which you are authorized to make a deposit using a Remote Device.

"Remote Device" means any device acceptable to us from time to lime that provides for the capture of images from Items and for transmission through the clearing process. Supported devices are subject to change without prior notice to you.

"Check21" means the Check Clearing for the 21st Century Act.

"Image" means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.

"Image Replacement Document" or "IRD" means a substitute check, as defined in Check 21.

An "Item" is an original: check, cashier's check, official check, U.S. Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in U.S. currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under The Expedited Funds Availability Act and Regulation CC.

"Remote Deposit Website Information" means the application download instructions, device instructions, FAQs and other information regarding the Remote Device and the Service we provide to you on our Internet site from time to time, in addition to any help content contained within the software application that is downloaded to your Remote Device.

Eligibility Requirements

Your eligibility for this service is subject to restrictions which may include, but are not limited, credit scores, consumer reports for credit reporting agencies and other information from third parties. We may review your eligibility using such scores, reports and other information at the time you apply for this service and at any time thereafter in our sole discretion to confirm your continued eligibility for this service. Our restrictions are subject to change at any time in our sole discretion without notice to or consent from you except as required by applicable laws and regulations.

Remote Deposit Capture (RDC) is not available to members who hold only a savings account. Eligibility for RDC enrollment may be determined based on membership type and status. All memberships (excluding Revocable Trust, Business and Commercial Memberships) are eligible for RDC enrollment beginning one week after the primary member’s 16th Birthday, as recorded in the core system. Revocable Trust Memberships are eligible for RDC enrollment within one week after the membership opening date. Business and Commercial Memberships are eligible for RDC enrollment beginning 31 days after the membership open date. All memberships must be in Good Standing to qualify. An account is considered to be in good standing when it meets the following criteria: The account is open and active, there are no restrictions or warning codes, no negative balances, no overdue loans and/or credit cards, no charge offs.

Remote Capture Service

Pursuant to the terms of this Agreement, you may use the Service to deposit Items to your Account by creating an Image of the Item using a Remote Device and transmitting that Image  to us for deposit. You may transmit Images to us only from a Remote Device located in the United States.

You agree to endorse any item transmitted through the Service with your signature and adding the restrictive endorsement "For deposit only.” You agree further to prominently mark the front of an item "Electronically Deposited" of "Deposited through RDC" immediately following  transmission of the image of such items through the Service. You also agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time. You agree the Credit Union may, in its sole discretion and without prior notice to you, reject Items not endorsed as set forth herein or as otherwise established by us from time to time.

Hardware and Software Requirements

You agree to transmit an Image to us using only a Remote Device approved by us for your use to transmit Images. We may change the list of approved Remote Devices from time to time. We may, but are not required to, reject Images that you transmit to us with an unapproved Remote Device or by other means to which we have not given our consent.

You are responsible for the security of the Remote Device and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Remote Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time.

You are responsible for all costs of using the Service and operating the Remote Device, including but not limited to, telephone and internet service charges.

You are responsible for maintaining the system's capacity and connectivity required for use of the Service. We shall notify you of those requirements, and we may amend them from time to time.

Image Quality

You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you.

Each Image must include the front and back of the Item and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.

Processing Images

You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD.

Limits

We may establish limits on the dollar amount and/or number of Items or deposits permitted to be deposited by you through use of the Service from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of the established 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.

Deposit of other items; deposits when Service not available

You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize something transmitted as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a Credit Union branch, ATM, or mail. You further agree to use such other channels when the Service may not be available.

Returned Items

You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account or any other account in your name. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.

Handling of Transmitted Items

You agree not to allow an Item to be deposited or presented for payment more than once to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any financial institution by any means You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other financial institution, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you.

For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for at least 90 calendar days from the date of the Image transmission and, during such 90-day period, securely store the Item and deliver any original Item to us upon our demand. You agree that, upon expiration of such 90-day period, you shall destroy any Item of which you have transmitted an Image or otherwise render it incapable of transmission or presentment.

Cooperation with Investigations

You agree to cooperate with us in the review or investigation of any transactions, poor quality transmissions or claims, including, without limitation, by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.

Payment Processing

Item Processing

At our sole discretion, we may process the Images you send to us electronically through other financial institutions, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us images that are incomplete, that fail to satisfy our image quality requirements , or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your Account or any other account in your name. You agree to be bound by any clearing house agreements, operating circulars, and image exchange agreements to which we are a party.

Receipt of Items

We reserve the right to reject any Image or Item transmitted through the Service, at our discretion, without liability to you. We are not responsible for Images we do not receive or for Images that are dropped during transmission. An Image of an Item shall be deemed received only when you receive confirmation from us that we have received the Image and accepted your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free.

Funds availability

If an Image you transmit through the Service is received and accepted between 6:00 a.m. and 8:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. If an Image you transmit through the Service is received and accepted between 8:00 p.m. and 6:00 a.m. Eastern Time on a business day that we are open or on a day that is not a business day, we consider the day of your deposit to be the next business day we are open. Business days for the Service are Monday through Friday, excluding any holidays observed by us. You agree, however, that Items transmitted through the Service are not subject to the funds availability requirements set forth in the "Funds Availability Policy and Disclosure" section of the Credit Union's Account Agreement or Regulation CC of the Federal Reserve Board. Generally, we will make deposits available on the business day of your deposit. We reserve the right to delay availability of some or all of the funds for Items transmitted through the Service at any time for any reason without notice to you or your consent.

Errors

You agree to notify us of any suspected errors regarding Items deposited through the Service as soon as possible, and in no event later than 60 days after the applicable Credit Union account statement is sent to you. Unless you notify us within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

Fees

You are responsible for paying the fees for use of the Service as the Credit Union may change them from time to time. The Credit Union may change the fees for use of the Service at any time pursuant to the section titled "Amendment" below. You authorize the Credit Union to deduct any such fees from any account in your name.

Representations and Warranties

You make the following representations and warranties to us:

• You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.

• You will use the Service to transmit and deposit Images of Items only.

• You will transmit only Images of Items acceptable for deposit through the Service and will handle Items as agreed herein.

• You are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item.

• Items submitted for deposit through use of the Service are valid Items and you will reimburse and indemnify the Credit Union for all loss, damage, and expenses, including reasonable attorney's fees, incurred in defending any allegation that such Items are invalid or fraudulent.

• Items have not been altered.

• Each Item bears all required and authorized endorsements.

• Each Item has been endorsed as "For deposit only."

• All of the warranties set forth in Section 4-207 of the Uniform Commercial Code.

• All Images accurately and legibly represent all of the information on the front and back of the Item.

• You will not use the Service to transmit or deposit any Item, (i) payable to any person or entity other than you, (ii) drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder, (iii) which you know or should know to be fraudulent, altered, unauthorized, or missing a necessary endorsement, (iv) that is a substitute check or image replacement document, (v) that is drawn on an institution located outside of the United States, (vi) that is not payable in United States currency, (viii) that is dated more than 6 months prior to the date of deposit, or (ix) that is created by you purportedly on behalf of the maker, such as a remotely created check.

• No depositary bank, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, a substitute check, the original check, or a paper or electronic representation of a substitute check or the original check such that that person will be asked to make a payment based on a check that it already has paid.

• You will use the Service in the manner required by this Agreement and the Remote Deposit Website Information.

• You, if acting on behalf of a small business entity, are fully authorized to execute this Agreement.

• All information you provide to us is accurate and true. You shall be deemed to have repeated each of the foregoing representations and warranties each time you transmit an Image through use of the Service.

Indemnification and Limitations on Liability

In addition to the indemnifications and limitations on liability contained in the Membership and Account Agreement, you hereby indemnify and hold harmless the Credit Union and each of its directors, officers, employees, agents, successors, and assigns ("lndemnitees") from and against all liability, loss, and damage of any kind (including attorneys' fees and other costs incurred in connection therewith) incurred by or asserted against such lndemnitee in any way relating to or arising out of (a) the Service, (b) any Image, Item or IRD, (c) any failure by you to comply with the terms of this Agreement or breach by you of any representation or warranty contained herein, (d) any failure by you to comply with applicable laws and regulations, or (e) any acts or omissions of you or any third party. This paragraph shall survive the termination of this Agreement for any reason.

YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, OR (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. FURTHER, WE MAKE NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (ii) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. WITHOUT IN ANY WAY LIMITING THE FOREGOING, YOU AGREE FURTHER THE CREDIT UNION SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN THOSE CAUSED SOLELY AND DIRECTLY BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL IN FEES YOU PAID FOR THE USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO THE SUPPOSED ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Intellectual Property

This Agreement does not transfer to you any ownership or proprietary rights in the Service or any associated software or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service, Remote Device and any associated software.

Neither you nor any user you authorize will (a) sell, lease, distribute, license or sublicense the Service; (b) modify, change, alter, translate, create derivative works from, reverse engineer disassemble or decompile the Service or any part of it in any way for any reason; (c) provide, disclose, divulge or make available to or permit use of the Service by any third party; (d) copy or reproduce all or any part of the Service; or (e) interfere, or attempt to interfere, with the Service in any way.

Termination

We may terminate or suspend the Service, or your use of the Service, immediately and at any time with or without notice to you. You may terminate your use of the Service at any time by giving notice to us. Your notice will not be effective until we receive your notice of termination as provided in the Remote Deposit Website Information, as it may be amended from time to time, and we have had a reasonable time within which to act upon it. Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement.

Amendment

We may change this Agreement at any time. We may add new terms and conditions, and we may delete or amend existing terms and conditions. We generally send you advance notice of the change. If a change is favorable to you, however, we may make the change at any time without advance notice. If you do not agree with the change, you may discontinue using the Service. However, if you continue to use the Service, your continued use shall be deemed your acceptance of and agreement to the change.

Severability

Any provision of this Agreement that is unenforceable shall be ineffective to the extent of such provision, without invalidating the remaining provisions of this Agreement. If performance of the Service would result in violation of any law, regulation, or governmental policy, this Agreement shall be deemed amended to the extent necessary to comply therewith.

Entire Agreement

This Agreement, the Deposit Agreement and the Remote Deposit Website Information contain the entire agreement between the parties relating to the subject matter addressed herein, and supersede any prior or contemporaneous understandings or agreements, whether oral or written, between the parties regarding the subject matter contained herein.

Headings

The headings preceding the text of the sections and subsections of this Agreement are used solely for convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Assignment

This Agreement shall not be assigned or delegated by you without the prior written consent of the Credit Union.

Governing Law

This Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to the laws of the State of Florida and of the United States. In the event of any dispute arising out of or related to the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, court costs and collection expenses in addition to any other recovery. You and we agree any legal action related to this Agreement shall be filed and heard in Hillsborough County, Florida, except as prohibited by applicable law.

Electronic Signature:  By selecting the "I Agree" button below, and entering your login credentials, including your access code or password, you acknowledge and agree that this action constitutes your electronic signature. You further consent and agree to the terms outlined in the Online Access Agreement and Disclosure, Online Payments and Transfer Agreement and Disclosure Statement and the Remote Deposit Capture Terms and Conditions as presented on this page as if signed by you in writing. Further, you agree that (a) no further certification authority or other third-party verification is necessary to the validity of your electronic signature, and (b) the lack of such further certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Credit Union. 

Select  "I AGREE" To Enroll for Online Payments and Transfers Services.

Federally Insured by NCUA