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Partner Colorado Online Banking and Bill Pay Agreement
This Agreement is the contract which covers your and our rights and responsibilities concerning Partner Colorado Online Electronic/Personal Computer (PC) Access ("Partner Colorado Online") services offered to you by Partner Colorado Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean those who use Partner Colorado Online and any other authorized users. The word "account" means any one or more deposit or loan accounts you have with the Credit Union. By accepting the Partner Colorado Online Agreement and Disclosures, you agree to the following terms governing your and our rights and responsibilities concerning the Partner Colorado Online electronic funds transfer services. Electronic funds transfers ("EFTs") are electronically initiated transactions through Partner Colorado Online Banking and Bill Payment transactions involving your deposit or loan accounts.
PARTNER COLORADO ONLINE SERVICES
Upon approval, you may use your personal computer or mobile device to access your accounts. You must select a user name and individual password to access your accounts. The Partner Colorado Online service is accessible seven (7) days a week, 24 hours a day. You will need a personal computer, Internet access, and a web browser. The online address for the Partner Colorado Online service is www.partnercoloradocu.org. You are responsible for the installation, maintenance and operation of your computer and the Internet access. The Credit Union will not be responsible for any errors or failures involving any telephone/internet service or your computer. At the present time, you may use the Partner Colorado Online service to:
- Transfer funds between your accounts and loans or line of credits.
- Transfer funds to accounts of other members you authorize for any of your accounts.
- Review account balances, transaction history of your accounts.
- Review information on your loan account including payoff amounts, due dates, finance charges, interest rate, balance information, and past statements.
- Transfer funds between your Partner Colorado accounts and accounts at other financial institutions.
- Initiate bill payments from your checking account using the Bill Payment service.
- Communicate with the Credit Union using instant chat, instant message, and email.
- Transfer funds to another individual or business through the PayPal system.
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement. Transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable. The Credit Union does not make any warranty, express or implied, to you regarding the Quicken or Money software programs including but not limited to any warranty of merchantability or fitness for a particular purpose.
PARTNER COLORADO ONLINE BANKING SERVICE LIMITATIONS
The following limitations on Partner Colorado Online Banking transactions may apply:
Transfers: In compliance with Federal Regulation D, all Partner Colorado savings accounts, money market accounts, certificate accounts and club accounts, if applicable, may make up to six (6) preauthorized automatic, telephone, audio response, or mobile and online banking transfers to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three (3) transfers to a third party by check or debit card. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearing house (ACH).
You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account, The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits.
Account Information: The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions, holds from your debit transactions, and our Funds Availability Policy.
Credit Union Messages: You may use instant message, web chat, or email to send messages to us. At no point should emails include any personal or account information. Email may be used to initiate a transfer on your account or a stop payment request. However, the Credit Union may not immediately receive email communications and will not process the request until we have a reasonable opportunity to act and identifying information verified. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 4.
BILL PAYMENTS
You may use a computer to electronically direct the Credit Union to make payments from your designated share accounts to third parties ("Payees") whom you have selected in advance to receive payment by means of Partner Colorado Online Bill Payment. You may make payments through Partner Colorado Online Bill Payment to any business, merchant or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify. You may also make payments through Partner Colorado Online Bill Payment to individuals, family or friends for non-business purposes. Payments may be made only to Payees with a United States address. All references to "Business Day" in this document mean Monday through Friday, excluding federal holidays. All references to time of day in this document refer to Mountain Standard Time (?MST?).
To use Partner Colorado Online Bill Payment, you must provide information online to the Credit Union that identifies your Payees. You must provide sufficient information about a Payee to permit the Credit Union to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. You do this by accurately filling in all required fields. Please remember to check the accuracy of the information provided. Inaccurate information may affect your payments.
Types of Bill Payments
Single Payments ? A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment?s processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the Financial Institution, is currently 2:00 p.m. Mountain Time.
A single payment submitted after the cut-off time on the designated process date will be
processed on the next business day. If you designate a non-business date (generally
weekends and certain holidays) as the payment?s processing date, the payment will be
processed on the first business day following the designated processing date.
Recurring Payments ? When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
- If the recurring payment?s ?Pay Before? option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
- If the recurring payment?s ?Pay After? option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date. The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your "Payees".
Processing Payments - Any bill payment requests scheduled on a weekend or holiday will be processed on the next business day. Payments will be sent to your designated payees either in the form of a check or electronic transfer through the Automated Clearing House (ACH). If available through the payee the payment will be first considered for ACH transmission and if unavailable will be sent via check. Electronic payment processing may take one to three business days. Check payment processing may take four to five business days.
ACH - Your account will be debited on the processing date. If you schedule this prior to the cut-off time the payment will be debited same day, otherwise it will be debited the following business day.
Check - Check payments will be sent to the payee directly from your account. This will reflect in your checking account history as a check clearing upon payment. Funds will be debited from your account upon the clearing of the check from your account. Bill pay checks will appear with a check number of 100,000 or higher.
Funds Availability - By setting up a requested bill payment you agree that funds will be available at the time of withdraw from your account as specified above. If funds are not available at the time of the withdraw attempt your account may be overdrawn and a fee assessed pursuant to the Partner Colorado fee schedule.
Payment Guarantee ? If we cause processing delays of your rush bill payment that result in late fees, we will cover up to $50 of those fees. This guarantee covers only things within our control. Our guarantee does not cover losses which you cause, or payment processing delays which are not caused by us or within our control, such as your failure to schedule delivery of your rush payment sufficiently in advance of the Payee?s due date for the payment to arrive on time (before the grace period begins) or subsequent posting of the payment is delayed after the scheduled delivery date.
As a precaution to this guarantee, you agree not to enter any agreements where one of the purposes is to generate late payment fees. The risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you in the event you do not follow the procedure.
Changing or Canceling Payments - A bill payment is considered paid once the funds have been withdrawn from your account. A bill payment is a ?Scheduled Payment? starting from the time you enter payment instructions until the payment is deducted from your account. Any scheduled payment may be changed or cancelled online any time prior to the payment processing time including up to the same business day it is scheduled if done prior to 12:00PM MT.
Stop Payments and Disputes - It is not possible to cancel a payment that has been paid. Please contact the Partner Colorado for any transaction disputes or to stop payment of a check that has already been issued to the designated payee. Any dispute for a payment sent electronically will be handled pursuant to Regulation E guidelines.
Fees and Other Deductions - Fees may be assessed for additional optional services and will be displayed prior to approval.
Termination - You remain obligated for any payments made by the Financial Institution on your behalf.
- The Financial Institution has the right to terminate this agreement at any time.
- You may terminate this agreement by written notice to the Financial Institution.
- The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice.
CONSUMER LIABILITY
By accessing Partner Colorado Online Banking, you agree that it is your responsibility to safeguard your username and password in order to prevent unauthorized transactions and/or Account access. You assume all responsibility for any losses that occur on your account due to negligence such as failing to protect your username and password from unauthorized use. You also agree that Partner Colorado may revoke Internet account access if unauthorized account access and/or transactions occur (1) as the apparent result of your negligence in safeguarding your username and password, (2) for any violation of the terms of use described herein, (3) for use of the system for illegal activities or (4) for any other use of the system that, in Partner Colorado?s opinion presents an unreasonable risk of damage or loss to Partner Colorado, its members or third parties.
You agree to notify Partner Colorado AT ONCE if you believe that your username and/or password has been lost or stolen or that your account has been accessed without your authorization.
The best way to minimize your possible loss is to immediately contact Partner Colorado by telephone, although you may advise Partner Colorado in person or in writing.
If you inform us within two (2) business days after you learn of unauthorized access to your Account, you can lose no more than $50 from your Account due to such unauthorized access. If you do NOT inform us within (2) business days after you learn of the unauthorized access, and we can prove we could have stopped someone from using your account without your permission had you informed us, you could lose as much as $500 from your Account.
Advise Partner Colorado AT ONCE if your Account statement evidences any electronic fund transfer that you did not make or authorize. If you do not tell us within sixty (60) days after the first statement that reflected the unauthorized transfer was mailed to you, you may not be reimbursed for the unauthorized transfer, provided we can prove that we could have stopped the unauthorized transfer had you informed us in the allotted time.
Partner Colorado reserves the right to extend the above time periods for good cause shown.
Account Errors. In case of errors or questions about your Partner Colorado Online Banking transactions, contact us by: telephone at the phone numbers below; send us an email; or write us at the address set forth below 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.
- Tell us your name and account number.
- 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 the error promptly. For errors related to transactions occurring 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 re-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 re-credit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. 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.
Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union 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.
Phone: (800) 367-2474 or (303) 422-6221
Fax: (303) 431-3268
Or contact us electronically:
Send an email message through the Partner Colorado Online service at www.partnercoloradocu.org.
Or write:
Partner Colorado Credit Union
6221 Sheridan Blvd.
Arvada, CO 80003
TERMS AND CONDITIONS
Business Days. Our business days are Monday through Friday. Holidays are not included.
Fees and Charges. There are certain charges for Partner Colorado Online services as set forth below. From time to time, the charges may be changed. We will notify you of any changes as required by law.
1. The Partner Colorado Online service fee is free to members.
2. Bill Payment Service Fee. There is no monthly service fee for Bill Payment Service as long as you keep your account in good standing.
Transaction Documentation. Transfers and withdrawals transacted through Partner Colorado Online will be recorded on your periodic statement by mail or electronically if you have requested an electronic statement. You will receive a statement monthly. You may request that your statement be provided electronically.
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.partnercoloradocu.org. However, We will disclose information to third parties about your account or the transfers you make in the following limited circumstances:
1. As necessary to complete transfers;
2. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
3. To comply with government agency or court orders;
4. If you give us your express permission.
Limitation of Liability for Partner Colorado Online Services. 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 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. The Credit Union will not be liable for the following:
- If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit.
- If you used the wrong access code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and bill payment transactions.
- If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working and such problem should have been apparent when you attempted such transaction.
- If circumstances beyond your control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal process or other claim.
- If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.
- If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
- If the error was caused by a system beyond the Credit Union's control such as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by Credit Union.
- If there are other exceptions as established by the Credit Union.
Termination of Partner Colorado Online Services. 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. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you at least twenty-one (21) days before the effective date of any change, as required by law. This means we will mail you notice or if you have consented to electronic disclosures, we will send it to the email address you have designated. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
13.2.2.1 Partner Colorado Credit Union 2016