Connexus Credit Union Transfer Service Agreement and Disclosure

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1 Connexus Credit Union Transfer Service Agreement and Disclosure This Transfers Service Agreement ("Agreement") sets forth the terms and conditions for the various types of transfers that are available within the Connexus Credit Union Online Banking Service ( Service and the rights and responsibilities concerning these transactions, including rights under the Electronic Fund Transfer Act. By clicking the I Agree button below, you are affirming your consent to receive information electronically, that you have the ability to receive and retain electronic communications, and that you agree to the terms and conditions set forth in this agreement. Connexus reserves the right to provide information and notices about the Transfer service to you by non-electronic means. Connexus reserves the right to refuse enrollment in the Transfer service to any member for any reason. By accepting this agreement, I am authorizing Connexus to check my accounts and to obtain a credit report to verify my eligibility for any accounts and services I request now or in the future. Connexus Credit Union ( Connexus ) may, at your direction, from time to time initiate a transfer of funds in your Connexus account(s) to an account you own at another financial institution or a transfer from that account to your Connexus account. Transfers through the Service that affect savings accounts are subject to the Federally mandated limitations on withdrawals and transfer transactions described in the Account Information Booklet. After every transfer is successfully initiated, a confirmation message appears and can be viewed in the transfer history once the transfer is successfully processed. Documentation of transfers will be reflected on periodic statements, as required by applicable rules. Transfers between Connexus Accounts ( Internal Transfers ) Internal Transfers refer to the transfers made from one of your Eligible Accounts to another Eligible Account. Internal transfers may be one-time, recurring, or scheduled for a future date. Transfers that are not scheduled for a future-date occur immediately and cannot be cancelled. If a recurring or future-dated internal transfer fails for a reason other than insufficient funds in your Eligible Account from which the funds are being transferred, we may try again to complete it and you may be notified of the failure and further transfer attempts. If the internal transfer fails due to insufficient funds, you will not be notified. Transfers between Connexus Accounts and other U.S. Financial Institutions ( Remote Transfers ) Remote transfers refer to transfers made to/from your Third Party Accounts at another U.S. financial institution and preauthorized debits and credits initiated by you. They are processed through the Automated Clearing House (ACH) on Business Days and can take up to 3 (three) business days to process. All requests must be made through Connexus Online system and are subject to the terms of the Online & Mobile Banking Agreement and Disclosure, each as in effect from time to time, and applicable laws and regulations. 1

2 Automated Clearing House system is used if we receive an ACH entry into your account. ACH credit entries will be governed by the rules of the National Automated Clearing House Association (NACHA), which states that the ACH credit entry shall be governed by and construed in accordance with the laws of the State of Wisconsin. Remote Transfers Definitions ACH Network refers to the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions. Business Day refers to any day that is not a Saturday, Sunday, Federal or Credit Union holiday. Draw Account refers to the account that funds will be withdrawn from. Eligible Connexus Account refers to a Connexus deposit account that is eligible to be used with the Transfer service, such as a savings or checking account, and is enrolled in the service. Receiving Account refers to the account that funds will be deposited into. Send Date refers to the date the transfer is requested to be sent. Third Party Account refers to your account to another U.S. financial institution, referenced through this service. Verified Account refers to the account owned at Connexus or another financial institution, located within the United States, which has been enrolled in the Transfer service and verified as described later in this Agreement. Remote Transfers Terms and Conditions In order to initiate transfers to/from your accounts other U.S. financial institutions, you will be required to provide account information for your Third Party Accounts, including, but not limited to, the financial institution s name, ABA/routing number, account type, and your account number(s). You acknowledge that if we are able to recognize that you provided us with incorrect or incomplete information, we may make reasonable efforts to contact you to remedy the situation. However, you agree to accept full responsibility for any losses resulting from any such errors. Verification of Third Party Accounts You may be required to provide proof of ownership of any Third Party Account to or from which you are requesting a transfer of money. We may require you to demonstrate your ownership of a Third Party Account by means of trial deposits. Trial deposits involve Connexus making two low value deposits (usually less than $1.00) and one withdrawal from the external account. You are then required to report certain details of such transactions to confirm your account ownership. Your funds are not used for the trial deposits. You will be asked to confirm the amount of the trial deposits in order to verify proper account setup. No remote transfer can occur without this verification. Connexus reserves the right to require you to use other methods to prove your ownership of a Third Party Account. You agree that we have the right to collect funds from any/all of your Connexus accounts, including the available balance on your line-of-credit accounts or any of the overdraft services applicable to your accounts, to provide the funds for any transfers that have been requested by you. This includes accounts on which you are the primary owner, as well as accounts on which you are the joint owner. We are not responsible for any holds on funds placed by other financial institutions. 2

3 We will not notify you in the event a remote transfer fails due to insufficient funds. The terms and conditions for the account types offered by us are stated in the Account Information Booklet apply (e.g., number of monthly transactions allowed on a particular account) and you hereby acknowledge and agree that they are incorporated herein by reference. Cancellation of Remote Transfers Future-dated and recurring remote transfers may be cancelled as long as they are cancelled prior to the Send Date. Processing of Remote Transfers The withdrawal will be initiated on the same Business Day the credit is initiated. If the transfer funds are not available in the Draw Account for any reason, the entire transaction will be either canceled or reversed from the applicable account(s). We will not be responsible for restrictions enforced by any other financial institution. Standard transaction limits are defined below. Transfer Type Inbound & Outbound (Combined) Daily & Outstanding Monthly Dollar Limit Dollar Limit $5,000 $25,000 Daily and Outstanding Dollar Limit: The maximum incoming and outgoing transfers in a single day. Monthly Dollar Limit: When a new transfer is attempted, all transfers made within the last 30 days are subtracted from this limit to determine the funds available. Monthly: A month means the thirty (30) calendar days immediately prior to the date on which a Remote Transfer request is executed (i.e. originated) by Connexus. Connexus does not limit the number of Remote Transfers; however, transfers in excess of the number of funds transfers allowed for accounts, which are subject to Federal Reserve requirements, are not permitted. Connexus may from time to time, for security and risk management reasons, modify the daily or monthly limit, the frequency or the dollar amount of each transfer I can make using this service. Authorization to Transfer Funds Using the Remote Transfer Service I hereby represent and warrant to Connexus that I own each Eligible Connexus Account, Verified Account and have full right and authority to all the funds on deposit therein. In addition, I authorize Connexus to execute and charge my Eligible Connexus Account(s) for any Remote Transfer request, including any related fee, subject to any applicable limit as to dollar amount. I understand and acknowledge that Connexus has no obligation to execute any request for a transfer using Remote Transfer that is not initiated in accordance with proper procedures. I further acknowledge that the acceptance and processing of a Remote Transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time. This authorization shall remain in full force and effect until I have informed Connexus by telephone at that I have revoked my authorization and Connexus has had a reasonable opportunity to act on it. Information Relied Upon by Connexus 3

4 I acknowledge and agree that Connexus is relying upon the information I provide in originating a Remote Transfer on my behalf. Any errors in the information, including incorrect or inconsistent account names and numbers or the ABA number or name of the financial institution holding my Verified Account are my responsibility. Although I represent and warrant to Connexus that I am the owner of each Verified Account and describe it to Connexus by name and account number (or any other number), I understand and agree that if Remote Transfer instructions identify a Verified Account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. I understand that financial institutions holding my Verified Accounts may not investigate discrepancies between names and numbers. In addition, I agree that Connexus has no responsibility to investigate discrepancies between names and account numbers. Limited Power of Attorney I acknowledge and agree that when Connexus originates a request for a transfer using the Remote Transfer Service, Connexus is acting as my agent. I agree to indemnify and hold harmless Connexus as my agent under this limited power of attorney. Security Procedures I agree that Connexus will initiate a Remote Transfer request for me only after I access my Eligible Connexus Account(s) through its Online Banking service using the established login credentials. I acknowledge and agree that Connexus has established commercially reasonable security procedures for the Remote Transfer service. I understand that the security procedures are designed to authenticate my identity before accepting a request for a Remote Transfer and not to detect errors in the content of my instruction. Termination of Remote Transfers We may terminate use of Remote Transfers at any time, at our sole discretion. Incidents of transactions that are returned for a closed and/or invalid account, remote transfers for which you are not the owner, and repeated incidents of non-sufficient funds may result in termination of Remote Transfers or the Connexus Credit Union Online Banking Service. While you may request a reinstatement by contacting us, we reserve the right to grant or deny reinstatement. If at any time you wish to discontinue your use of Remote Transfer, all pending transactions must either be canceled or completed prior to the termination. Once your Remote Transfer service with us has been terminated for any reason, you will have no further right or access to use it and we will not access your Third Party Account thereafter for any reason. Fees for Remote Transfers You may be subject to Connexus fees or fees from other institutions for incidents of insufficient funds or other miscellaneous fees associated with any remote transfer. Refer to the Credit Union Fee Schedule for a complete list of fees. Fees, if applicable, will be debited from your Connexus account at the time the draw is made. You authorize us to deduct any/all fees at the time the transfer is initiated. If we are unable to collect the applicable fees due to insufficient funds, you authorize us to debit any of your accounts held at the Credit Union and/or take any means necessary to collect the fees. 4

5 Execution of a Request for a Remote Transfer Requests for Remote Transfer will be executed on the current business day, so long as it is initiated by the cutoff time of 11:30 p.m. CT. If my request for a Remote Transfer is received by Connexus on a day that is not a Business Day, or on a Business Day after the established cut-off time, Connexus will not process my request until the next Business Day. Actions for an Unsuccessful Remote Transfer In the event of a failed Remote Transfer, notification will be sent to the preferred address on file. It is the member s responsibility to contact the Third Party financial institution to understand and resolve the failed transfer. Rejection of a Remote Transfer Request Connexus may reject my Remote Transfer request if; the dollar value of one or more of my transfer requests exceeds my daily or monthly transfer limit (as more fully described above) I have insufficient available funds in my Eligible Connexus Account for the amount of the Remote Transfer (plus any applicable fee); my request is incomplete or unclear; Connexus identifies a security risk related to a requested transfer; Connexus is unable to fulfill my request for any other reason. I understand and agree that if Connexus rejects a request for a Remote Transfer for one or more of the reasons set forth above, I will be informed of the rejection during via the Communications Center in the Online Banking system as soon thereafter as Connexus has determined to reject the request. Cancellations, Amendments or Recalls of a Remote Transfer Request Remote Transfer requests may be canceled or amend within the Connexus Credit Union Online Banking Service; only if Connexus receives my request prior to the execution of the Remote Transfer request and at a time that provides Connexus with a reasonable opportunity to act upon that request. Connexus shall not be liable to me for any loss resulting from the failure of the beneficiary bank to agree to a recall or amendment of my Remote Transfer request. Delays, Non-Execution of Remote Transfer Request Connexus shall not be responsible for any delay, failure to execute, or misexecution of a Remote Transfer request due to circumstances beyond Connexus reasonable control - including, without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of my Remote Transfer request to the Third Party institution or execution of such request by the Third Party institution, whether caused by strikes, power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank. Connexus makes no warranties, expressed or implied including the failure of any intermediary bank or beneficiary bank to credit my beneficiary with the amount of the Remote Transfer after receipt of same with respect to any matter. Currency of Remote Transfers The Remote Transfer service is available for funds transferred to Verified Accounts in the United States of America only and transfers are made in U.S. dollars only. Unlawful or Prohibited Use 5

6 As a condition of using the Remote Transfer service, I warrant to Connexus that I will not use the Remote Transfer service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. I further warrant and represent that I will not use the Remote Transfer service in any manner that could damage, disable, overburden, or impair the Remote Transfer service or interfere with any other party's use and enjoyment of such service. I may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Remote Transfer service. I agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason. Error Resolution and Disputes Notify Connexus immediately if you think someone else has learned your access credentials for the Connexus Credit Union Online Banking Service or an authorized Remote Transfer, or other type of online transaction has been made from one of your accounts. Call us or write us at the telephone number or address listed below, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. In your letter please include the following: 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. Address: Connexus Credit Union Phone: (800) PO Box 8026 Wausau, WI info@connexuscu.org 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 (5 business days for ATM/debit card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however we may take up to 45 days (90 days if the transfer involved a new account, point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this we will credit your account within 10 business days (5 business days for ATM/debit card point-of-sale transactions and 20 business days if the transfer involved a new account 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide 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. Service Changes and Discontinuation 6

7 Connexus may modify or discontinue the Remote Transfer service, with or without notice, without liability to me at any time. Connexus reserves the right, subject to applicable law and regulation, to terminate my right to use the Remote Transfer service at any time and for any reason, including, without limitation, if Connexus, in its sole judgment, believes I have engaged in conduct or activities that violate any of the terms of this Agreement or, if I provide Connexus with false or misleading information or interfere with other users or in the administration of the Remote Transfer service. Proprietary Rights I acknowledge and agree that Connexus and its agents own all rights in and to the Remote Transfer service. I am permitted to use the Remote Transfer service only as expressly authorized by this Agreement. I may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse-compile the technology for the Remote Transfer service or any of Connexus other services or technology. Indemnity In consideration by Connexus to act upon my request to make a Remote Transfer, I agree to indemnify and hold Connexus, its directors, officers, employees and agents harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of your acting upon Remote Transfer instructions pursuant to this Agreement. Electronic Consent and Acceptance of Terms and Conditions I understand that in order to enroll in and use the Transfer service, I must consent to receive and accept the terms and conditions of the User Agreement for Transfer service, and any amendments to it, electronically. I may withdraw my consent to having this information provided to me electronically by providing Connexus with a request in writing by , fax, or mail; however, by doing so I understand that I will terminate my right to use the Transfer service. Withdrawing my consent in this manner will not prevent me from re-enrolling for the Transfer service. After every transfer is successfully initiated, a confirmation message appears and can be viewed in the transfer history once the transfer is successfully processed. Documentation of transfers will be reflected on periodic statements, as required by applicable rules. Amendments I agree that Connexus reserves the right to change the terms and conditions of this Agreement. Unless otherwise required by law, Connexus may amend this Agreement without prior notice to me. If Connexus chooses to notify me of an amendment or is required to do so by law, Connexus may ask me to agree to an amended version of this Agreement electronically, or mail or deliver a separate notice, statement message or electronic message to me at the last address Connexus has on file for me. My use of the Remote Transfer service after such notice has been provided constitutes my acceptance of the amendment. Assignment Connexus may assign this Agreement to any future, directly or indirectly, affiliated company. Connexus may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. I may not assign this Agreement to any other party. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of 7

8 Wisconsin and federal law, as applicable without giving effect to its conflict of laws provisions of your actual state or country of residence. If either Connexus or I have any dispute or disagreement with the other regarding the Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in Wisconsin in accordance with the rules and procedures of the American Arbitration Association then in effect. Required Equipment In order to use the Remote Transfer service and to view and retain a copy of the terms and conditions contained in this Agreement, I understand that I must have a computer equipped with at least: a browser with 128-bit encryption; and either a printer or a disk drive or other electronic storage device Consent and Agreement By clicking on the "I Agree" button below, I agree: (1) I have software and equipment that satisfies the above requirements; (2) to receive information about the Remote Transfer service, including the Agreement and any subsequent amendments to it, electronically; and (3) I have received an electronic version of the Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment for the Remote Transfer service can only occur electronically, I understand that I will be unable to proceed if I do not click on this button. Connexus reserves the right to provide information and notices about the Remote Transfer service to me by non-electronic means. 8

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