AMERICA'S FIRST FEDERAL CREDIT UNION
EASY LINK AGREEMENT
This Agreement is the Contract which covers your rights and our responsibilities concerning your access to the Easy Link System. In this
Agreement, the words "you" and "your" mean each person who accepts this Agreement. Easy Link means America's First Federal Credit Union Online
Account Access. The words "we", "us", and "our" mean America's First Federal Credit Union, its successors and assigns. The word "Account" means your share,
share draft, or other eligible account with America's First Federal Credit Union.
In order to use this service, you must be a member of America's First Federal Credit Union and accept the terms and conditions of this Agreement. You
may accept this Agreement electronically or you may request a written Agreement.
By accepting this Agreement, you are requesting that we provide you Access to America's First Federal Credit Union Easy Link Online System and
certify that all of the information that you provide is true, accurate and complete. If we cannot verify your identity or any other information
provided by you, we may not enable your access to the System.
may be used to transfer funds between accounts, make deposits, make loan payments, view account details and statements or pay bills. The use of Easy Link is subject to the terms and conditions set forth in your original account agreement entered into at the time you opened the account,
including any transaction limitations, and by the additional terms and conditions set forth in this Agreement.
You are required to acquire and maintain at your own expense, access to the Internet and a supported Internet browser and operating system. We make
every effort to maintain support for up to date versions of popular browsers and operating systems, but it is not possible to immediately support the
most recent versions until adequate testing has been performed. If you have questions about the support for your specific system, contact our Call
Center at 205-320-4000 or 800-633-8431 during office hours. By affirmatively registering the Easy Link System, you confirm that you have
access to the required hardware and software. You may also need Adobe Acrobat® to print certain documents from our site.
To access the mobile application from a mobile device, you will need to have a device with an Android® or iOS® operating system with access to the
Upon first access to the Easy Link Online System, you will be prompted to establish a secure profile which includes a password, security
questions, and a personal image which will be used to protect your account information. These security features are provided for your protection and
should remain confidential. You should create and use a complex password that will be difficult to guess. You are responsible for maintaining the
secrecy of your password. By giving your password to another person, you take full responsibility for any transactions made by that person or by anyone
else to whom that person gives the password until you notify us to cancel your online access and reissue a new password. If you fail to maintain the
security of your password and the credit union suffers a loss, we may terminate your online services immediately.
You understand and agree that you are jointly and severally liable for all transactions initiated through the Easy Link System with your user
name and password, including any resulting overdrawn balances even if you did not personally conduct the transaction.
You may use Easy Link to (1) check account balances, (2) transfer money between your credit union accounts, or make loan payments, (3) receive
an account history, (4) download account history with compatible financial software, (5) pay most bills with Easy Link Bill Pay, (6) view
account statements, (7) issue a stop payment and (8) deposit a check (account holder must meet qualifying criteria).
You understand and agree that Easy Link has a daily limit of $100,000.00 or the available balance whichever is less.
Transactions performed on Easy Link are also subject to the terms and conditions of your Share Account, Share Draft Account, Loan Promissory
Note which includes a Finance Charge, and any other applicable agreement for the account which you may access under the terms and conditions of this
The processing date for any transaction performed on the Easy Link system will be the effective date of the transaction. Transactions
performed after daily processing begins will be posted on the next day. Our business hours are 9:00 am through 5:00 pm Monday through Thursday and 9:00
am to 6:00 pm on Friday, Central Time.
You understand and agree that Easy Link may not be used to overdraw the available balance in an account or to exceed any established line of
credit that you may have with us. In the event that an overdraft occurs or a line of credit is exceeded, you agree to reimburse us immediately. You
further understand and agree that we are under no obligation to pay any amount which would overdraw your account, but may, at our sole option, choose
to do so. Any such overdraft will be governed by the account agreement that was originally signed by you.
You understand and agree that we reserve the right to amend this Agreement by giving you advance written notice as required by applicable law. Your
continued use of Easy Link will indicate your acceptance of any such amendments.
In order to communicate with you regarding your Easy Link account access, you must provide us with your valid email address. It is your
responsibility to notify us of any changes to your email address.
We do not make any representations or warranties that you will have continuous or uninterrupted access to the Easy Link System or that the
system will be error free. Access to the Easy Link System may be unavailable at times due to scheduled maintenance, unscheduled maintenance,
system outages, major unforeseen events such as fires, floods, storms, computer failures, interruption in telephone or electrical service or the
failure of an Internet Service Provider. We will make reasonable efforts to ensure the availability of the Easy Link System but we are not
liable in any way for system unavailability or any consequential damages that may result.
You may terminate your Easy Link System access at any time by notifying us at 205 320-4000 or 800 633-8431 or by providing written notice to
any of our locations. We may terminate your access to the system if you do not log on for a period of at least six months. In that event, you will be
required to re-register for the System if you wish to restore your Easy Link Access.
The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of Alabama and any applicable Federal
law. Any delay by us in enforcing our rights under this Agreement shall not be deemed to be a loss or waiver of that right. The fact that we do not
enforce our rights in one instance does not mean that we will not do so in another. If any provision of this Agreement is deemed invalid, the remainder
of this Agreement shall remain in full force and effect.
If you would like to receive a copy of this Agreement contact us at 205 320-4000 or 800 633-8431 or by email at firstname.lastname@example.org, or by sending a written request to P.O. Box 11349, Birmingham, AL 35202.
By accepting this Agreement electronically, you acknowledge that you have received a copy of this Agreement and the Federal Electronic Funds
Disclosures, and agree to be bound by the terms and conditions contained therein.
REGULATION E DISCLOSURE STATEMENT
YOUR ACCESS DEVICE AND ELECTRONIC FUNDS TRANSFERS
: The Easy Link System is an accepted access device which permits you to make the transactions listed below on a personal computer or mobile
device. When used with your password the system will allow you to initiate any of the following transactions, provided the accounts have been established
and authorized for use. You may:
Transfer from Savings to Checking
Transfer from Checking to Loan
Transfer from Checking to Savings
Withdraw from Savings
Transfer from Savings to Loan
Withdraw from Checking
Pay bills from your Checking Account
Advance on Loan with Separate Agreement
Issue a Stop Payment
Deposit a Check
LIMITATIONS ON FREQUENCY OF TRANSFERS
: During any month, you may not make more than six withdrawals or transfers from a savings account to another account by means of a preauthorized or
LIMITATIONS ON DOLLAR AMOUNTS OF TRANSFERS
: There is a daily limit of $100,000.00 or the available balance in your account, whichever is less on the dollar amount of transfers you can make on the Easy Link System.
: Our business days are Monday through Friday. Holidays are not included. The Easy Link System is available at times other than the business days
of our credit union.
SUMMARY OF YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
: Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose
all the money in your account(s) (plus your maximum line(s) of credit in force). If you tell us within two (2) business days, you can lose no more than
$50.00 if someone used your password without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of
your password, and we can prove we could have stopped someone from using your password 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 sixty (60) days after the
statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from
taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time
period. If you believe your password has been discovered or stolen or that someone has transferred money from your account without your permission call 205
320-4000 or 800 633-8431 or write us at America's First Federal Credit Union, P.O. Box 11349, Birmingham, AL 35202.
: Currently, there is no service charge to use the Easy Link System, but we reserve the right to impose a fee at a later date. However, each
account affected by the transaction use of the Easy Link System will be subject to the regular service charge imposed for that specific account.
Additionally, if you have an existing overdraft line of credit attached to your checking account, any overdrafts shall be subject to FINANCE CHARGES in
accordance with the terms of the overdraft agreement.
SUMMARY OF YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
: You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get a statement at least quarterly.
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 is how: call or write us at the
telephone number or address listed above 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. If these regular payments vary in amount, the
person you are going to pay will tell you 10 days before each payment when it will be and how much it will be. 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.
SUMMARY OF CREDIT UNION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS
: If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your
losses from damages as required by Federal Law. However, there are some exceptions. We will not be liable for instance:
If through no fault of ours, you do not have enough money in your account to make the transfer;
If the transfer would exceed the credit limit on a loan;
If the ATM terminal where you are making the transfer does not have enough cash;
If the ATM terminal or system was not working properly, and you knew about the breakdown when you started the transfer;
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
If the funds in your account are subject to a court order or other restriction preventing the transfer;
There may be other exceptions stated in our agreement with you.
CIRCUMSTANCES UNDER WHICH WE WILL DISCLOSE ACCOUNT INFORMATION TO THIRD PARTIES
: The Credit Union 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.
SUMMARY OF OUR ERROR RESOLUTION PROCEDURE IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
: In case of errors or questions about your electronic transfers, telephone us at 205 320-4000 or 800 633-8431 or write us at America's First Federal
Credit Union, P.O. Box 11349, Birmingham, AL 35202, 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 sixty (60) days after we send you the FIRST statement on which the
problem or error appeared. Your inquiry must include:
Your name and account number;
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
The dollar amount of the suspected error.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days. We will determine whether an error has
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 (20 business days if your account has
been open for 30 days or less) (5 business days if the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM
unless we determine that circumstances or your account history warrant delay, in which case you will receive credit within 10 business days) for the amount
you think is in error. This provisional credit enables you to have the use of the money during the time it takes us to complete our investigation. If the
error concerns an electronic fund transfer that is (1) a foreign-initiated transaction, (2) a point-of-sale debit card transaction, or (3) a transaction
occurring within the first 30 days after a deposit to a new account, a 90-day investigation period in place of 45 days will apply. Please note that if we
ask you to put your complaint or question in writing and we do not receive it within 10 business days of our request, we may not credit your account.
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.
BILL PAY AGREEMENT
IMPORTANT INFORMATION ABOUT THIS AGREEMENT:
You are preparing to receive required consumer disclosures in an electronic form. Therefore, this agreement serves the following TWO purposes:
Obtain your affirmative consent to receive the required consumer disclosures in electronic form and provide you with a clear and conspicuous
statement about your rights in regard to receiving electronic consumer disclosures as outlined in the Electronic Records and Signatures in Commerce
(E-Sign) Act, and;
Present you with the required consumer disclosures for EasyLink Bill Pay.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURE
By clicking the "I Agree" button below you are affirmatively consenting to receive the required disclosure in electronic form.
EasyLink Bill Pay
is an electronic Internet based service. Therefore, you understand that this Agreement will be entered into electronically.
You have the right to have this disclosure provided or made available on paper or in non-electronic form;
You have the right to withdraw the consent to have the disclosure provided or made available in an electronic form, but this will result in the
termination of your EasyLink Bill Pay access;
The consent to receive electronic consumer disclosures applies to all future required consumer disclosures in connection with EasyLink Bill Pay;
You can update your electronic contact information by using the User Maintenance function within the service or calling the Member Service number noted
in this document;
You understand that to access and retain this disclosure and to use EasyLink Bill Pay, you must have the following: a PC or mobile device with Internet
service, an e-mail address, and either a printer or sufficient electronic space to store this disclosure.
In order to keep you informed of changes to this disclosure, we must distribute the new disclosure to you when changes are made. We will distribute the new
disclosure to the electronic mail address you register with EasyLink Bill Pay. If an email is returned as "undeliverable", we will deliver to a secondary
electronic mail address, if we have one on file, or, if there is no secondary electronic mail address, we will send a hard copy of any changes to the
physical mail address that is on record with us. In order to ensure timely notification of any changes, please notify us on a timely basis of any change in
your electronic mail address or physical mail address.
This Bill Payment Agreement ("Agreement") is between America's First Federal Credit Union and each member who has enrolled in EasyLink Bill Pay, together
with any person you have authorized to use or access EasyLink Bill Pay on your behalf.
SECTION I - SERVICE DESCRIPTION, FEATURES, FEES, AND LIMITATIONS
EasyLink Bill Pay is generally accessible 24 hours a day, seven days a week. EasyLink Bill Pay may be inaccessible for a reasonable period weekly to
perform system maintenance. We reserve the right to suspend or terminate access to EasyLink Bill Pay for any reason without notice.
Business Day Definition
Every Monday through Friday, excluding Federal Reserve holidays.
Bill Payment Service (Easy Link Bill Pay)
The bill payment service allows you to pay bills out of a designated account on a one-time or periodic basis to payees that you designate subject to the
limitations described below.
To pay a bill, you must designate a payee to receive the funds, the amount of money you want to send to the payee, and the date the payment is to be sent.
BILL PAYMENT LIMITS
You may not schedule a single bill payment for greater than $25,000.
"SEND ON" DATE vs. "DELIVER BY" DATE
When scheduling a bill payment, note the difference between the "SEND ON" date and the "DELIVER BY" date. The "SEND ON" date is the date we will attempt to
deduct the payment amount from your designated account. If the attempted deduction fails because you did not have enough funds in your primary account, we
will send you an email indicating this and attempt to deduct the money again the next day. If the second attempted deduction is not successful, the
transaction will be cancelled and you will be responsible for rescheduling. If the second attempted deduction is successful, the payment will be processed
and remitted to the payee, however the "DELIVER BY" date will be one business day later. Payment deduction attempts happen every day of the week,
regardless of weekends or holidays.
If you schedule a payment with the "SEND ON" date as the current date, you must have adequate funds in your account at the time the payment is scheduled.
The funds will be deducted shortly after you log out of the session. If you schedule a payment with the "SEND ON" date in the future, there must be
adequate funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 4:00 pm EST.
The "DELIVER BY" date is the date that you can expect the payee to post the payment to your account. The "DELIVER BY" date for your payment should be no
later than the due date the payee has indicated for the payment.
If a properly scheduled payment is not received and posted on time by the payee, we will attempt to remove any late fees or assessed finance charges. (Finance charges eligible for reimbursement are calculated based on the current late payment, rather than previously owed amounts. ) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt
to add a note of explanation to your account to ensure that the situation does not negatively impact your credit rating.
The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are
The payment was scheduled to be delivered on or before the due date of your bill, excluding any grace periods.
The payment was not made to a prohibited payee (see below) or the following type of payee:
The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records).
You had sufficient funds in your account during our first deduction attempt on the "SEND ON" date.
· Payments to payees located in the Armed Forces Postal Codes, such as AE & AP
· Payments to settle securities transactions
· Payments to payoff special or delayed financing for purchases
· Payments to credit counseling agencies who pay creditors on your behalf
We will only be responsible for the direct fees or finance charges associated with the late payment. We will not be responsible for any other consequential
damages that might arise from the late payment.
We will not process payments on your behalf to payees meeting any of the following criteria:
Designated by the Office of Foreign Asset Control as being a prohibited payee
Having an address outside of the United States (except for APO)
If a payment to a prohibited payee is inadvertently processed, the payment guarantee outlined above does not apply to that payment, and we reserve the
right to not process a payment to that payee in the future.
CANCELLING BILL PAYMENTS
We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform
you of this action.
You may cancel an outstanding bill payment at anytime through Easy Link Bill Pay. Bill payments are considered outstanding until the "SEND ON" date.
You can cancel a "Recurring" transaction by verbal or written instruction no later than 3 business days before the "SEND ON" date of the transaction by
contacting Member Service at the address or phone number listed in this agreement. If you call, we may also require you to put your request in writing and
provide it to us within fourteen days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all
transactions in the recurring stream.
INTERNET EMAIL NOTIFICATIONS
It is important to keep a current Internet email address on file with us, as we use this to communicate important security events about your account to you
Internet email address changes (sent to old and new addresses)
Adding New Payees
We may terminate your participation in EasyLink Bill Pay for any reason, at anytime. We will attempt to notify you in advance, but we are not obliged to do
You may not terminate your participation in EasyLink Bill Pay if you have outstanding bill payments scheduled. If you have no outstanding bill payments you
can terminate service participation by contacting us at 205 320-4000 or 800 633-8431.
Please refer to America's First Federal Credit Union's Fee Schedule.
SUMMARY OF YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get a statement at least quarterly.
CIRCUMSTANCES UNDER WHICH WE WILL DISCLOSE ACCOUNT INFORMAMTION TO THIRD PARTIES.
In order to verify the existence and conditions of your account for a third party such as a credit bureau or merchant;
When it is necessary to complete the transfer, the Credit Union will disclose information to third parties about your account or transfer you made;
In order to comply with a government agency or court orders; or
If you give us written permission.
SECTION II - WARRANTIES AND RESPONSIBILITIES
MEMBER RESPONSIBILITIES AND WARRANTIES
You are responsible for keeping your user ID, password, and account data confidential. We are entitled to act on transaction instructions received through
your user ID and password. Our call center personnel are entitled to act on instructions after they have properly authenticated the caller according to our
If any of the accounts that you register under Easy Link Bill Pay is a joint account, you confirm that your joint account holder has consented for you to
use that account with the Easy Link Bill Pay. We will end your use of Easy Link Bill Pay if any joint account holder notifies us that (i) they never
consented to your use of EasyLink Bill Pay, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing
consent for you to operate the joint account.
You warrant and represent that the information you are providing us with is true, correct and complete.
You agree not to impersonate any person or use a name that you are not authorized to use. You agree to promptly update your registration records if your
e-mail address or other information changes.
You warrant that you will not use EasyLink Bill Pay 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. You further warrant and represent that you will not use the Service in any manner that could damage,
disable, overburden, or impair EasyLink Bill Pay or interfere with any other party's use and enjoyment of EasyLink Bill Pay.
AMERICA'S FIRST FEDERAL CREDIT UNION'S RESPONSIBILITIES AND WARRANTIES
If we do not provide a bill payment 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 or payee's account specified in the applicable bill payment instruction, we shall be responsible
for returning the improperly transferred funds and/or for directing any misdirected funds to the proper account or intended payee's account.
We are liable for any losses and damages arising from our gross negligence or willful misconduct or if we breach a representation or warranty to you.
Limits of America's First Federal Credit Union's Responsibilities
EXCEPT AS EXPRESSLY SET FORTH ON OUR WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO
USE EASYLINK BILL PAY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH
Privacy and Security
EasyLink Bill Pay. As is more fully described in the "Security Policy" link, we have multiple levels of security that have been designed especially for us
and all of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser
to store any personal information.
Where it is necessary for completing bill payments, or
In order to comply with government agency or court orders, or
If you give us your written permission.
Notify us AT ONCE if you believe your password has been lost or stolen or if you believe someone has scheduled payments or may schedule payments or
otherwise used your account without your permission. Telephoning us at 205 320-4000 or 800 633-8431 promptly is the best way to protect yourself from
If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within two
Business Days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two Business Days after
you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had
told us, you could lose as much as $500.
Error Reporting Process
In case of errors or questions about Easy Link Bill Pay, funds transfers or incorrect statements, write to us at America's First Federal Credit Union, P.
O. Box 11349, Birmingham, AL 35202 or telephone us at 205 320-4000 or 800 633-8431. We must hear from you no later than 60 days after we sent the FIRST
statement on which the problem or error appeared. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the
In your communication of the potential error or question,
Tell us your name, and the account number of the Account to which the error relates.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more
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 we
committed an error 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 take the additional 45 days, we will adjust the applicable accounts within 10 Business Days for the amount you believe is in error, so that you or
your intended recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or
complaint in writing and we do not receive it within 10 Business Days, we may not adjust the applicable accounts.
We will tell you the results within three Business Days after completing our investigation. If we decide that we did not make an error, we will send you a
written explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of other financial institutions. 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 or the intended recipient of funds. 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
REMOTE DEPOSIT CAPTURE AGREEMENT
1. Service and Service Terms. The following terms and conditions apply to America's First Federal Credit Union REMOTE DEPOSIT SERVICE
(Service). Member accepts and agrees that the Service or any portion of the Service may be provided by one or more subcontractors. The provisions of
America's First Federal Credit Union's Account Agreement and applicable service terms are incorporated into this Agreement by reference.
2. Overview and definitions. This Agreement states the terms and conditions by which America's First Federal Credit Union will deliver to
Member, the Service, as described below.
2.1 "Member" means a person that has a membership with America's First Federal Credit Union.
2.2 "Business Day" means any day which America's First Federal Credit Union is open to conduct substantially all of its services, but does
not include Saturday, Sunday or holidays observed by America's First Federal Credit Union.
2.3 "Scanner" means any device acceptable to the Credit Union, which provides for the capture of images from original items and for
transmission through a clearing process.
2.4 "Item" means a check, a paper item, or an electronic item (i.e. an electronic image of an item together with information describing
that item). Acceptable items include personal checks, government checks, business checks, traveler's checks and cashiers or certified checks
drawn on a U. S. financial institution and in US funds. It is understood that Member will only be transmitting electronic images of the front and back of
items. In order for an item to be processed for deposit, it must be properly endorsed in the proper location on the back of the item and signed by the
payee(s). Additionally, the following wording must be included below the endorsement for America's First to accept the item via Remote Deposit Capture:
"For AFFCU Remote Deposit Only".
2.5 "Service" means the specific Remote Deposit Service provided by the Credit Union. The Service shall be provided for items received for
deposit into Member's personal or business account at America's First Federal Credit Union by converting original checks into substitute checks as defined
by the Check Clearing for the 21st Century Act, also known as Check 21.
2.6 "Service Start Date" means the date that the Service is first utilized by the Member.
2.7 "Technology" means the Credit Union or its subcontractor's deposit capture applications and processes designed to facilitate the
electronic clearing of Items. Said applications are accessed through scanners, utilizing software and hardware provided by or acceptable to the Credit
Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of items. Technology may include but is
not limited to Member service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements,
enhancements or extensions thereof developed or provided by America's First Federal Credit Union or its subcontractors and used in the provision of
2.8 "Access Systems" means all services, hardware, software and other technology (including high speed Internet access service) necessary
to access the Service.
2.9 "Subcontractors" means any third party service provider of the Service.
2.10 "Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.
3. Member Obligations; Suspension of Service, Account Terms, Limits
3.1 Qualifications. In order to use the Service, you must meet our account qualification standards that are in our sole discretion. We
reserve the right to change these standards. Your continued ability to access the system may be terminated if your account status changes.
3.2 Hardware, Software and System Requirements. In order to utilize the Service, Member must have the following hardware and software with
the indicated specifications:
Must have a mobile device with an Android® or iOS® operating system or a PC connected to a scanner
Must have AFFCU's Mobile Application downloaded to the device
Must be able to capture an image of the item
Must have the ability to transmit the image electronically
3.3 Member Responsibilities. To access your account(s) with the Credit Union, Member must have an eligible checking account with the
Credit Union, have established high speed Internet access and an email address. When using the Service, Member shall provide, at Member's sole cost and
expense, all Access Systems and Member shall be solely responsible for installing, maintaining, securing and supporting all such Access Systems. The Member
is responsible for providing a valid Internet email address.
3.4 Disclaimers. America's First Federal Credit Union is not responsible for any error or failures from any malfunction of any Access
Systems, and America's First Federal Credit Union is not responsible for any computer virus or related problems that may be associated with the access to
or use of the Service. America's First Federal Credit Union does not guarantee that the Service will be compatible with all computer systems and Internet
browsers, routers or firewalls. Further, America's First Federal Credit Union does not and cannot control the flow of data to or from the Credit Union's
network, its service provider's networks or other portions of the Internet. Accordingly, America's First Federal Credit Union cannot guarantee that
Member's connection to the Internet will not be impaired or disrupted, and America's First Federal Credit Union hereby disclaims any and all liability
resulting from or related to such events.
3.5 Withdrawal of Access/Suspension of Service. America's First Federal Credit Union reserves the right to deny, suspend or revoke access
to the Service immediately, in whole or in part, at its sole discretion, without notice if America's First Federal Credit Union believes Member is in
breach of this Agreement or otherwise using or accessing the Service inconsistently with the terms and conditions hereof. Further, America's First Federal
Credit Union or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency such as inclement weather or other
conditions beyond our control.
3.6 Handling of Transmitted Items. Member shall be responsible for safekeeping and destruction of original items which are scanned,
transmitted electronically and deposited using the Service and indemnifies and holds America's First Federal Credit Union harmless from any liability with
respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically using the
Service, or (ii) for any Items being submitted for deposit or presented for payment more than once.
3.7 Retention and Disposal of Transmitted Items. You will promptly provide a sufficient copy of the front and back of the item to
America's First Federal Credit Union as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item
or for America's First Federal Credit Union's audit purposes. If you are unable to provide a sufficient copy of the front and back of the item, you will be
liable for any unresolved claims by third parties. America's First Federal Credit Union recommends that original items be retained for at least 90 days.
3.8 Account Statement Examination. Unless Member notifies America's First Federal Credit Union of any errors to deposits made through the
Service within 30 days after the applicable account statement is mailed or otherwise provided to Member, such statement regarding all deposits made through
the Service shall be deemed to be correct.
3.9 Processing of Items. Images of items transmitted by Member are not considered received by America's First Federal Credit Union until
Member has received an electronic confirmation of the receipt of the deposit from Credit Union. However, receipt of the confirmation from America's First
Federal Credit Union does not mean that the transmission was error free or complete. Items transmitted by the Member and received by America's First
Federal Credit Union or its subcontractors by 4:00 p.m. Central Time, on a Business Day, shall be credited to the Member's applicable account on the same
Business Day. Items received by America's First Federal Credit Union after 4:00 p.m. Central Time on any Business Day shall be credited to the Member's
applicable account on the next successive Business Day. These times are subject to change without notice.
3.10 Funds Availability. America's First Federal Credit Union may delay availability of funds deposited using Remote Deposit Service based
on the length and extent of your relationship with the credit union, transaction experience and any other such factors that are in the sole discretion of
America's First Federal Credit Union. Funds deposited after 4:00 P.M., Central Time on a business day will not be available for withdrawal until the next
business day as provided in paragraph 3.8 above.
3.11 Fees: Please refer to America's First Federal Credit Union's Fee Schedule.
3.12 Account Terms. Any and all deposits made to your account using Remote Deposit Service are subject to the terms and conditions of your
Account Agreement. You agree to promptly repay in full any and all deposits that are returned unpaid along with any corresponding fees as established by
the Board of Directors of America's First Federal Credit Union. You understand and agree that items will be posted in the order that they are received
subject to verification and final payment.
3.13 Limits. We reserve the right to impose limits on the amounts or number of items that you transmit using the Service. These amounts
are subject to change and may be dependent upon your account relationships.
3.14 Ineligible Items. You may not deposit third party checks, checks drawn on your same account at America's First Federal Credit Union,
checks requiring third party endorsements other than another account owner, checks drawn on Foreign Banks, Treasury Warrants or Insurance Drafts requiring
the endorsement of a third party, altered checks, stale dated checks, substitute checks, non-negotiable items previously deposited and returned, savings
bonds, checks or items prohibited by the terms of your account.
3.15 Exception Items. The Credit Union may reject any electronic image that the Credit Union at its sole discretion determines to be
ineligible for the service, including without limitation, electronic images of items drawn on banks located outside of the United States, items payable in
foreign currency, images that are illegible, electronic images of items previously processed, electronic items previously converted to substitute checks,
and electronic images with unreadable MICR information. The Credit Union will attempt to contact the member of any Exception Items. The failure of the
Credit Union to identify an item as an Exception Item shall not preclude or limit the obligation of the Member to the Credit Union.
3.16 Returned Items. Any item that is dishonored will be returned as an image of the original item or as a Substitute Check and is subject
to a fee according to the America's First Federal Credit Union Fee Schedule at the time of the return.
4. Warranties and Disclaimers
4.1 Member shall not use the Service in any way that could potentially harm the Credit Union's network or sites, or the network or sites of its third party
service providers. Member shall not use and may not authorize others to use the Service in any way that: (i) transmits any item or other materials via the
Service that is deceptive or fraudulent; (ii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations
governing banking and criminal activity); (iii) transmits or distributes any viruses, worms, time bombs, Trojan horses, or other destructive software of
devices; (iv) attempts to break or circumvent security, or in fact, breaks or circumvents security of any computer network of the Credit Union, its
subcontractors or service providers.
4.2 Your Warranties. You make the following warranties and representations with respect to each item presented to us:
Each item is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer has no defense against
payment of the check.
The amount, payee(s), signature(s) and endorsement(s) on the image and on the original check are legible, genuine and accurate.
The phrase "For AFFCU Remote Deposit Only" is written legibly below the endorsement on the back of the Item.
All items are payable in U.S. Dollars.
You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or
otherwise be charged for the original check or a paper or electronic representation of the original check such that the person will be asked to make
payment on an item that has already been paid.
There are no other duplicate images of the original check.
The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
You are authorized to enforce and obtain payment from the original check.
You have possession of the original check and no party will submit the original check for payment.
4.3 Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are
solely responsible if you intentionally or unintentionally submit fraudulent, incorrect or illegible images to us, or Remote Deposit Service is used by
authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images.
4.4 Indemnification. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims,
actions, damages, liabilities, costs and expenses, including reasonable attorney's fees and expenses arising from your use of Remote Deposit Service and/or
breach of this agreement. You understand and agree that this paragraph shall survive the termination of this Agreement
4.5 Disclaimer. America's First Federal Credit Union warrants that the Service shall be performed in a workman-like and professional
manner consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND
AMERICA'S FIRST FEDERAL CREDIT UNION HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4.6 Compliance with Law. You understand and agree that you will use Remote Deposit Service for lawful purposes and in compliance with all
applicable laws, regulations and rules. You warrant that you will only transmit acceptable items for deposit and have handled the original items in
accordance with applicable laws, rules and regulations.
5. LIMITATION OF LIABILITY
5.1 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMERICA'S FIRST FEDERAL CREDIT UNION NOR ANY OF ITS
SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER
CAUSED BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER'S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED
UNDER THIS AGREEMENT. IN NO EVENT SHALL AMERICA'S FIRST FEDERAL CREDIT UNION OR ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY
DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE,
EQUIPMENT OR SOFTWARE USED BY THE MEMBER OR AMERICA'S FIRST FEDERAL CREDIT UNION IN CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR
6.1 Termination. America's First Federal Credit Union may immediately terminate the Service or any portion of the Service if America's
First Federal Credit Union determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and
with notice, decides to cease providing this Service. Except in the event of emergency or to safeguard the Credit Union's accounts, networks or systems,
America's First Federal Credit Union shall give written notice of such termination or access limitation, which may be given by Internet secure message, or
sent to you at the address shown on our records, or sent to you by electronic mail message (email). Member may terminate the Service with notice to
America's First Federal Credit Union in person, by phone, written notification through postal mail or by electronic mail message (email). No minimum time
is required by the Member for notification to the Credit Union.
7. Miscellaneous Provisions.
7.1 Notices. Member agrees that any notices required or permitted under this Agreement may be given electronically.
7.2 Governing Law. This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent
there is no applicable federal law or regulation, by the State of Alabama.
7.3 Subcontractors. America's First Federal Credit Union may use third party service providers to provide some or all of the Service under
this Agreement on behalf of the Credit Union.
7.4 Amendments. You understand and agree that we reserve the right to amend this Agreement by giving you advance written notice required
by applicable law. Your continued use of the Service will indicate your acceptance of any such amendments.
7.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and
supersedes all existing agreements and all other related communications, written or oral.
7.6 Force Majeure. America's First Federal Credit Union shall not be responsible for any loss or damage of any kind resulting from any
delay in the performance or failure to perform its responsibilities hereunder due to causes beyond the Credit Union's reasonable control.