This Agreement is the contract which covers your and our rights and responsibilities concerning Horizons Online offered to you by Horizons North Credit Union (HNCU). In this Agreement, the words “we”, “us” and “our” refer to HNCU. The words "you" and "yours" mean those who utilize Horizons Online. The word account means any one of the membership accounts you have with HNCU. By utilizing Horizons Online, you agree to the following terms governing your and our rights and responsibilities concerning the Horizons Online electronic funds transfer services. Electronic funds transfers (EFTs) are electronically initiated transactions through Horizons Online involving your deposit accounts. Horizons OnlineUpon approval, you may use your personal computer to access your accounts. You must use your member number along with your password to access your accounts. Horizons Online is accessible seven (7) days a week, 24 hours a day. You will need a personal computer and a web browser (such as Google Chrome or Microsoft Internet Explorer). The online address for Horizons Online is www.hncu.org. You are responsible for the installation, maintenance and operation of your computer and modem. HNCU will not be responsible for any errors or failures involving any telephone service, Internet service or your computer. At the present time, you may use Horizons Online to:
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a loan or line of credit account will be subject to your Loan Agreement and Disclosures, as applicable. HNCU does not make any warranty, express or implied, to you regarding the Quicken software program including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Types of Electronic Fund Transfers Available with Horizons OnlineYou may access your account(s) to transfer funds to other credit union account(s) either your own or another member’s (see Any Account Transfers), transfer to loan account(s) with us. Such transfers can only be made if the funds are deposited into your credit union account, used to pay a credit union loan, or transferred to another account that has been authorized to receive a transfer from you. With Horizons Online, you can also download account history files to be used as import files in Quicken or MS Money, change mailing address and email address, change account titles, place a stop payment on paper drafts, and similar services related to your account. If you choose, you may enroll for our online Bill Pay Service and our eStatement (Online Statements) service within Horizons Online.
Non-Consumer Accounts on First Line and the Electronic Transfer Act (EFT Act)In accordance with the Electronic Transfer Act, accounts such as Corporation, Trust, Partnerships, LLCs, etc. are considered non-consumer accounts. You acknowledge your responsibility for all funds transferred affecting your non-consumer accounts initiated using Horizons Online. The credit union shall have no duty to verify the identity of the person or persons using your Horizons Online account to transfer funds and transact on your non-consumer account other than the standard authentication security procedures provided for Horizons Online. You shall at all times indemnify, defend and hold the credit union harmless from and against all actions, proceedings, claims or loss, damage, costs and expenses which may be brought against the credit union or incurred by the credit union and which shall have arisen in connection with the instructions transmitted by the credit union’s Horizons Online system relating to your account. Horizons Online LimitationsThe following limitations on Horizons Online transactions may apply:
Online StatementsWhen you enroll in Online Statements, you agree to receive your periodic account statements online. Your online statement will include the periodic account and transaction activity for your deposit and loan accounts, EFT services, periodic notice of billing error rights, IRA fair market value and year-end tax statements for dividends earned and mortgage interest paid.
Security of PasswordThe password that you select is for your security purposes. The password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your password. You agree not to disclose or otherwise make your password available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your password, you understand that person may use Horizons Online to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature authorizing transactions. If you authorize anyone to use your password in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying HNCU and change your password immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your password is changed. If you fail to maintain or change the security of these passwords and HNCU suffers a loss, we may terminate your EFTs and account services immediately. Member LiabilityYou are responsible for all transfers you authorize using Horizons Online under this Agreement. If you permit other persons to use your password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your password and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Horizons Online transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500. Also, if your statement shows Horizons Online transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after you received your periodic statement, you may be liable the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized EFT transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time period. Reporting Unauthorized Use of your Horizons Online Account. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, please call: Member Services(303) 451-1146 Fax: (303) 450-7422 Or, contact us electronically by sending an email messages through Horizons Online or to support@hncu. Or write: Horizons North Credit Union Attn: Member Services 11455 Pearl St. Northglenn, CO 80233 Business Days. Our business days are Monday through Friday, 9:00 am to 5:00 pm. Holidays are not included. Transaction Documentation. Transfers and withdrawals transacted through Horizons Online will be recorded on your periodic statement. You will receive a statement monthly on any account that has electronic activity. Account Information Disclosure. We will maintain the confidentiality and privacy of your account information in accordance with our privacy policy as stated on our website at: www.hncu.org. However, we will disclose information to third parties about your account or the transfers you make in the following limited circumstances:
Limitation of LiabilityIf we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error and in no case will we be liable for any indirect, special, incidental or consequential damages. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. HNCU will not be liable for the following:
Termination of Horizons OnlineYou agree that we may terminate this Agreement and your Horizons Online account, if you, or any authorized user of your Horizons Online account or password breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password. In addition, we reserve the right to terminate the service if you fail to use the service for more than six consecutive billing cycles. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. Notices. HNCU reserves the right to change the terms and conditions upon which this service is offered. HNCU will notify you at least twenty-one (21) days before the effective date of any change, as required by law. This means we will contact you via the email address you have designated. Use of this service is subject to existing regulations governing the HNCU account and any future changes to those regulations. Statement ErrorsIn case of errors or questions about your Horizons Online transactions, contact us by telephone, send us an email or write us per the instructions set forth above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. Please include the following information: Full name and phone number where you can be reached. Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions which occurred within thirty (30) days after the first deposit to the account (new accounts); we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question, ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. We will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If we decided that there was no error we will send you a written explanation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur. EnforcementYou agree that you are responsible to HNCU for any liability, loss or expense as provided in this Agreement that HNCU incurs as a result of any dispute involving your accounts or services. You authorize HNCU to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Colorado as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Colorado law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement. |