Disclosures
ServU Federal Credit Union is committed to respect the financial privacy of its members. The privacy policies and practices of the Credit Union remain focused on preserving the confidentiality and security of member information received in the ordinary course of business.
Read or download the entire Privacy Notice
These Bill Payment Terms and Conditions govern the use of the ServU Federal Credit Union Bill Payment service, also known as "Bill Pay." By utilizing the Bill Payment service, you agree to these Bill Payment Terms and Conditions, including the Online Banking Agreement and Disclosure. You may want to print or save this document for future reference. Please read this information carefully.
Bill Payment Terms Used:
"The Credit Union" and "our" refer to ServU Federal Credit Union. "You" and "your" refer to the member, joint owner, or anyone authorized by the member to use the account. "Payee" refers to the merchant or other party you are paying with the Bill Payment service.
Bill Payment Eligibility:
You must be a member in good standing, at least 18 years of age, with a Share Draft Checking account on the membership, and enrolled in our Online Banking service. The Credit Union reserves the right to refuse or terminate your Bill Payment service at any time. Certain membership types are not eligible for the Bill Payment service, including but not limited to:
- Organization or Association Accounts
- Irrevocable Trust Accounts
- Estate Accounts
- Burial Accounts
- Custodial Accounts
- Representative Payee Accounts
- Court-Ordered Accounts
- VA Custodial Accounts
- Charged-Off Accounts
- Deceased Accounts
- Dormant Accounts
- Members with Share Draft Closed by CU
Bill Payment Cancellation:
You can cancel your Bill Payment service by contacting the credit union during normal business hours. However, payments that are pending may not be processed if you cancel your service. If payments are already in process and cannot be cancelled, Bill Payment may not be fully closed until after those payments in process are completed. If you do not access the Credit Union's Bill Payment service for a period of three consecutive months, your Bill Payment service may be cancelled. You can re-enroll, at any time, by signing up for Bill Payment service again.
Bill Payment Due Date:
You are responsible for making Bill Pay transactions early enough to allow sufficient time for the payment to reach the Payee by the due date. Payments made by paper check may take up to 10 business days to reach the Payee. Payments made electronically will generally be drawn against your account on the due date entered. The Credit Union is not liable for any service fees or late charges levied against you. You also understand that you are responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent payment and/or the withdrawal of funds from your account. This includes, but is not limited to, incorrect withdrawal account, Payee, or other information provided by you. Please make sure you select the correct account you want your payment withdrawn from.
Bill Payment Prohibited Payment Types:
You agree not to make the following payment types using the Bill Payment service:
- Alimony
- Child Support
- IRS Tax Payments
- State Tax Payments
- Taxes to Other Government Agencies
- Court Orders
- Legal Judgments
- Property Taxes
- Social Security
- Parking Tickets
- Payments to Payees outside the United States
- Any transaction that is illegal under applicable federal, state or local law.
You are responsible for making sure that any payments are not a prohibited type. ServU is not responsible for any losses of any kind resulting from such payments. In addition, such payments may result in termination of your Bill Payment service.
Bill Payment - Payment Method:
For a Payee that is paid electronically, an electronic funds transfer will be drawn against your account and sent electronically to the designated Payee. For a Payee that is not paid electronically, a share draft (check) drawn against your account will be issued to the Payee. You may cancel a scheduled payment prior to it being processed. Once a payment is processed it cannot be cancelled. For share draft Bill Pay payments, you may be able to place a stop payment, as described in the Online Banking Agreement and Disclosure. Fees may apply. Electronic Bill Pay payments are not eligible for stop payments.
Bill Payment Additional Terms and Conditions:
You agree not to use the Bill Payment service to overdraw your account. If an overdraft in your account does occur, you will pay the full amount of the overdraft to the Credit Union immediately upon request in addition to the current fee for overdrafts. The Credit Union has the right to amend, change, or cancel the services or access offered. The Credit Union has the right to amend these Bill Payment Terms and Conditions at any time without providing individual notice to you. If these Bill Payment Terms and Conditions are amended, the new Bill Payment Terms and Conditions will be made available to you on either the Credit Union website or through the Online Banking service. The Credit Union's failure to enforce at any time any provision of these Bill Payment Terms and Conditions does not constitute a waiver of that provision or any other provision of these Bill Payment Terms and Conditions. You assume total liability for any and all activities of any sub-user granted Shared Access, or any other individual granted authority.
Bill Payment Authorization:
By utilizing the Bill Payment service, you authorize ServU FCU to process and post Bill Payment transactions in accordance with these Bill Payment Terms and Conditions. You will be responsible for all transactions resulting from the use of the Bill Payment service.
This Online Banking Agreement and Disclosure (“Agreement”) contains the terms and conditions for the use of online banking services (“Online Banking” or “Services”) that ServU Federal Credit Union (“ServU,” “the Credit Union,” “us”, “our, ”or “we”) may provide to you (“you,” “your,” or “User”). Other agreements you have entered into with ServU, including the Credit Union Account Agreement, are incorporated by reference and made a part of this Agreement.
This Online Banking Agreement and Disclosure describes the types of electronic funds transfers which are available through Online Banking and your rights and responsibilities concerning those transactions, including your rights under the Electronic Funds Transfer Act.
This Agreement and Disclosure is being presented in electronic format, and by continuing you affirmatively consent to receive it in this format. This consent applies to this Agreement and Disclosure as well as any subsequent amendments to it, and to any other disclosures describing revisions, updates, or changes to your rights under the Electronic Funds Transfer Act. You may want to print or save this document for future reference. Please read this information carefully. Some of the information may not pertain to you.
You have the right to withdraw this consent and the right to receive it in paper format if you would prefer. If you would like to withdraw this consent or update your contact information, please call us at 607-936-2293 or toll free at 1-800-443-0663, or write to ServU FCU, 9823 Science Center Drive, Painted Post, NY 14870. If you withdraw your consent to receive such information electronically, you understand that this will terminate your right to use Online Banking, but you can later re-enroll in Online Banking. You can also update your contact information through the Online Banking interface.
If at any time in the future, you would like to request a paper copy of the disclosure in addition to this electronic version, please call us at 607-936-2293 or toll free at 1-800-443-0663, or write to ServU FCU, 9823 Science Center Drive, Painted Post, NY 14870, and the current version of the disclosure describing your Online Banking rights under the Electronic Funds Transfer Act will be provided in paper format at no charge.
In order to access, view, and retain these electronic communications, you must have a personal computer, tablet, mobile phone, or other computing device with an internet connection. You must also have an updated web browser, such as Internet Explorer. To retain these electronic communications, you must have sufficient electronic storage capacity on your device’s hard drive or other data storage unit. The specific hardware requirements of your computer, tablet, mobile phone, or other computing device may vary based on the web browser used. ServU is not responsible for any third party software or hardware you may need to use the Services. Any such software or hardware is accepted by you and is subject to the terms and conditions of the agreement you enter into directly with the third party software or hardware provider. ServU is not responsible for notifying you of any upgrades or enhancements to any hardware or software.
Electronic Funds Transfer:
An Electronic Funds Transfer (EFT) is any transfer of funds initiated through an electronic terminal, telephone line, computer or magnetic tape authorizing the credit union to debit or credit your account.
Types Of Electronic Funds Transfers Available:
The Online Banking Service offers the following transactions at any time 24 hours per day: balance inquiries, account and loan history inquiries, check clearing inquiries, transfer funds from one of your accounts to another one of your accounts (under the same or another member number), loan payments to your loans, and VISA payments to your VISA account.
Online Bill Payment Service
You may request to be enrolled in Online Bill Payment Service. This allows members to pay their bills by debiting their account.
These Bill Payment Terms and Conditions govern the use of the ServU Federal Credit Union Bill Payment service, also known as “Bill Pay.” By utilizing the Bill Payment service, you agree to these Bill Payment Terms and Conditions, including the Online Banking Agreement and Disclosure. You may want to print or save this document for future reference. Please read this information carefully.
Bill Payment Terms Used:
“The Credit Union” and “our” refer to ServU Federal Credit Union. “You” and “your” refer to the member, joint owner, or anyone authorized by the member to use the account. “Payee” refers to the merchant or other party you are paying with the Bill Payment service.
Bill Payment Eligibility:
You must be a member in good standing, at least 18 years of age, with a Share Draft Checking account on the membership, and enrolled in our Online Banking service. The Credit Union reserves the right to refuse or terminate your Bill Payment service at any time. Certain membership types are not eligible for the Bill Payment service, including but not limited to:
- Organization or Association Accounts
- Irrevocable Trust Accounts
- Estate Accounts
- Burial Accounts
- Custodial Accounts
- Representative Payee Accounts
- Court-Ordered Accounts
- VA Custodial Accounts
- Charged-Off Accounts
- Deceased Accounts
- Dormant Accounts
- Members with Share Draft Closed by CU
Bill Payment Cancellation:
You can cancel your Bill Payment service by contacting the credit union during normal business hours. However, payments that are pending may not be processed if you cancel your service. If payments are already in process and cannot be cancelled, Bill Payment may not be fully closed until after those payments in process are completed. If you do not access the Credit Union’s Bill Payment service for a period of three consecutive months, your Bill Payment service may be cancelled. You can re-enroll, at any time, by signing up for Bill Payment service again.
Bill Payment Due Date:
You are responsible for making Bill Pay transactions early enough to allow sufficient time for the payment to reach the Payee by the due date. Payments made by paper check may take up to 10 business days to reach the Payee. Payments made electronically will generally be drawn against your account on the due date entered. The Credit Union is not liable for any service fees or late charges levied against you. You also understand that you are responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent payment and/or the withdrawal of funds from your account. This includes, but is not limited to, incorrect withdrawal account, Payee, or other information provided by you. Please make sure you select the correct account you want your payment withdrawn from.
Bill Payment Prohibited Payment Types:
You agree not to make the following payment types using the Bill Payment service:
- Alimony
- Child Support
- IRS Tax Payments
- State Tax Payments
- Taxes to Other Government Agencies
- Court Orders
- Legal Judgments
- Property Taxes
- Social Security
- Parking Tickets
- Payments to Payees outside the United States
- Any transaction that is illegal under applicable federal, state or local law.
You are responsible for making sure that any payments are not a prohibited type. ServU is not responsible for any losses of any kind resulting from such payments. In addition, such payments may result in termination of your Bill Payment service.
Bill Payment – Payment Method:
For a Payee that is paid electronically, an electronic funds transfer will be drawn against your account and sent electronically to the designated Payee. For a Payee that is not paid electronically, a share draft (check) drawn against your account will be issued to the Payee. You may cancel a scheduled payment prior to it being processed. Once a payment is processed it cannot be cancelled. For share draft Bill Pay payments, you may be able to place a stop payment, as described in the Online Banking Agreement and Disclosure. Fees may apply. Electronic Bill Pay payments are not eligible for stop payments.
Bill Payment Additional Terms and Conditions:
You agree not to use the Bill Payment service to overdraw your account. If an overdraft in your account does occur, you will pay the full amount of the overdraft to the Credit Union immediately upon request in addition to the current fee for overdrafts. The Credit Union has the right to amend, change, or cancel the services or access offered. The Credit Union has the right to amend these Bill Payment Terms and Conditions at any time without providing individual notice to you. If these Bill Payment Terms and Conditions are amended, the new Bill Payment Terms and Conditions will be made available to you on either the Credit Union website or through the Online Banking service. The Credit Union’s failure to enforce at any time any provision of these Bill Payment Terms and Conditions does not constitute a waiver of that provision or any other provision of these Bill Payment Terms and Conditions. You assume total liability for any and all activities of any sub-user granted Shared Access, or any other individual granted authority.
Bill Payment Authorization:
By utilizing the Bill Payment service, you authorize ServU FCU to process and post Bill Payment transactions in accordance with these Bill Payment Terms and Conditions. You will be responsible for all transactions resulting from the use of the Bill Payment service.
Member to Member (M2M) transfers: this service allows members to transfer money from their account to other members’ accounts within the credit union.
If the service is offered, you may request to be enrolled in Institution to Institution (I2I) transfers. This service allows members to transfer money from their account at ServU to their account at another financial institution.
Other available services through Online Banking include:
The ability to download history files to be used to import files into select Personal Finance Software packages, and to view account balances and make transfers through select Personal Finance Software packages, if eligible.
The ability to access Online Banking via a Mobile App using a mobile device or a tablet.
The Credit Union may also make available the ability to view images of checks written from your account. If so, not all check images will be available for viewing, and the Credit Union is not responsible for check images that are unavailable or of poor image quality. Checks deposited or cashed at a ServU branch will not be available for viewing, nor will checks that are converted electronically (such as to an ACH debit).
Limits on Withdrawals or Transfers:
Limitations on the frequency and dollar amounts of transactions made to and from your account(s) are:
Withdrawals and transfers from an account are limited to the available funds in the account. Overdraft protection is not available for Online Banking transfers.
When making Online Bill Payments, the maximum payment is $9,999.99 per item and $14,999.99 per day. Not all bills are eligible for Online Bill Payment – see the Bill Pay Terms and Conditions for details. Your Online Bill Pay access may be withdrawn after 6 months of inactivity.
Regulation D requires that no more than six (6) preauthorized automatic, audio response, telephone, or internet transfers may be made from non-transaction accounts during any one month.
Online Banking does not permit withdrawals or transfers to or from Individual Retirement Accounts, Share Certificates, or Escrow accounts.
Mortgage loan payments must be equal to or greater than the scheduled payment amount.
Consumer Liability For Unauthorized Transfers:
CONTACT US AT ONCE if you believe your access device has been lost or stolen. Telephoning is the best way to control your loss. Notice of unauthorized use must be confirmed in writing. You could lose all the money in your account. If you tell us within two (2) business days, you can lose no more than $50 if someone used your access device without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your access device, and we can prove we could have stopped someone from using your access device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may extend the time periods.
If you have lost your access device, or believe an unauthorized transfer has been made or may be made please notify us by calling 607-936-2293 or toll free at 1-800-443-0663, or by writing to ServU FCU, 9823 Science Center Drive, Painted Post, NY 14870.
In Case of Errors or Questions About Your Electronic Transfers
Telephone us at 607-936-2293 or toll free at 1-800-443-0663 or write us at ServU FCU, 9823 Science Center Drive, Painted Post, NY 14870 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 sent you the FIRST statement on which the problem or error appeared. You must:
- Tell us 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 information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your complaint in writing within ten (10) business days, or we may not credit your account.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Business Days:
Our business days are Monday-Friday. Holidays are not included. If the end of a calendar month falls on a Saturday or Sunday, the Credit Union will “close its books” for that quarter after the last business day but before the actual last day of the quarter. Deposits, withdrawals or transfers made using your ATM card, Etc. VISA Debit Card, Online Banking, or Telephone Teller (K.I.T.) after the books are closed will be treated for dividend calculation purposes as if they occurred the first day of the next month and will be reported on the statement applicable to the next month; but they will be shown on that statement as having occurred on the actual calendar day you made the transaction. Cash advances made under VISA Retail Installment Credit Agreement, by the Telephone Teller, ATM card, Etc. VISA Debit Card, and loan payments made by using your ATM card, Etc. VISA Debit Card, Online Banking, or Telephone Teller after the books are closed will be treated for interest calculation and transaction reporting purposes as if they occurred on the actual calendar day you received the advance or made the loan payment; but they will appear on the statement applicable the next month.
Charges:
The Credit Union does not charge monthly fees to maintain your Online Banking or Mobile Banking Access if you also opt to receive e-statements for that account; however, other account fees may apply. There is a monthly fee for Online Banking users who do not receive e-statements. Please see current fee schedule for details. For Online Bill Payment, there is a Stop Payment Fee to place a stop and an Insufficient Funds Fee if there are insufficient funds (Electronic payments are charged on the due date selected and Share Draft payments are charged when the check tries to clear). You are responsible for web access, text charges, and data or any other charges that may be billed by your Internet Service Provider and/or mobile carrier. Check with your service provider for details on specific fees and charges that may be applicable.
You may place a stop payment order on a check through Online Banking, and a fee (in the amount specified in the fee schedule) will be immediately charged. The stop payment order will be based on the check amount, check number, and checking account that you specify. You are responsible if any of this information is incorrect, and the check will not be stopped, but you will still be charged a stop payment fee.
If you choose to make an “Expedited” Online Bill Payment, there is a fee for each expedited electronic payment and a fee for each expedited paper check. Please see fee schedule for details. This may not be offered for all payments. Some businesses or recipients have a specific overnight payment address – the Credit Union is not responsible and cannot refund any fees if you send the payment to the wrong address.
Preauthorized Payments:
The Credit Union will charge your account if it must dishonor a preauthorized transfer from your account due to insufficient funds. See fee schedule for current fees.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments by calling or writing in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we will require you to put your request in writing within 14 days after you call. We will charge your our normal fee for each stop payment order you give according to our current fee schedule.
If these regular payments vary in amount, the person you are going to pay should tell you, ten (10) days before each payment, when it will be made and the amount.
If you order us to stop one of these payments three (3) business days before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Preauthorized credits:
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 607-936-2293 to find out whether or not the deposit has been made.
Confidentiality:
Information about your account is confidential. We will not disclose such information to third parties except where necessary to complete a transfer, to report or confirm the condition of your account for a third party, such as a credit bureau or merchant, in order to comply with a government agency or court order, or if you give us your written permission.
Deposit And Payment Information:
Deposits and payments made at the terminal are posted to your account(s) according to the rules and regulations of those account(s). Pending transactions may change before being finalized, and pending funds are not available for use or withdrawal.
Receipts And Statements:
- You will receive a confirmation screen at the time you complete a transfer. You may save or print this confirmation for your records.
- You will receive a statement monthly unless there are no transfers in a particular month. In any case you will get a statement at least quarterly.
Our Liability For Failure To Complete An Electronic Fund Transfer Transaction:
If we fail to complete a transaction to or from your account on time or in the correct amount according to our agreement with you, we will be liable for damages caused by our failure unless:
- there are insufficient funds in your account to complete the transaction through no fault of ours;
- the funds in your account are uncollected;
- the funds in your account are subject to legal process;
- the transaction you request would exceed the funds in your account plus any available over draft credit;
- your access device has been reported lost or stolen
- we have reason to believe that the transaction requested is unauthorized;
- the failure is due to an equipment breakdown which you knew about when you started the transaction;
- the transaction would exceed security limitations;
- circumstances beyond our control occur despite reasonable precautions;
- you have not properly followed the on-screen instructions.
In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from an actual error despite our procedures to avoid such errors.
ATM Fees
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
Additional Terms and Conditions:
Each joint owner appearing on your Share Savings Account, regardless of whether his or her name appears on your Share Draft account, Share Certificates, IRA account, and Loan Accounts will have access to information associated with those accounts. This includes joint owners presently on your Share Savings Account and joint owners added in the future.
Overdrawing your account - You agree that you will not use Online Banking to overdraw your account. If an overdraft in your account does occur, you will pay the full amount of the overdraft to the credit union immediately upon request and the current fee for overdrafts. This paragraph does not apply to any action in connection with any line of credit account. In such cases, the line of credit agreement will govern these costs.
The Credit Union shall have as security for the payment of all indebtedness now and in the future owing any of the account owners to the Credit Union (whether direct or indirect), a security interest in all amounts credited to the savings account, on all checks, drafts and other items delivered for collection by, for, or through any of the account owners. The Credit Union, without prior notice or demand, may charge such indebtedness against the savings account whenever the Credit Union believes that prospect of payment is impaired.
You agree that you will not use your Online Banking access for any transaction that is illegal under applicable federal, state or local law. Such use would constitute default and/or breach of contract and may result in termination of service.
The credit union has the right to amend, change or cancel the services or access offered. We will notify you at least twenty-one (21) days before a change will take effect if it will cause you greater costs or liability or if it will limit your ability to engage in electronic payments or deposits. We do not have to notify you in advance, however, if the change is necessary for security reasons. Your Online Banking access may be cancelled after 90 days of inactivity.
To transfer funds using the M2M Transfer service you must have and provide the name of the member that will be receiving funds and the member number and account type of the receiving membership account. When an Online Banking M2M transfer is made, the funds are immediately transferred from your account to the recipient. You agree that such requests constitute your authorization to us to make the Transfers. You understand that transfers are performed based on the recipient’s member number and it is your responsibility to enter the correct member number and account type. ServU is not responsible for any mistakes you make in entering the receiving member’s name, member number, or account type. ServU bears no responsibility for incorrect member numbers entered, even if the system confirms the name of the receiving member. Once you have provided your authorization for the transfer, you will NOT be able to cancel or reverse the electronic Transfer unless otherwise provided and required by law.
You agree to contact us at once if you believe your Online Banking password has been lost or stolen, money is missing from your account(s), or any mobile device used to access the Online Banking service has been lost or stolen. You also agree that if your monthly statement shows transactions which you did not make, and you do not contact ServU within sixty (60) days after the statement was mailed, you may not get any money lost after that time. YOU AGREE THAT IF YOU GIVE YOUR PASSWORD, ACCESS DEVICE, OR OTHER LOGIN CREDENTIALS TO SOMEONE ELSE TO USE, YOU ARE AUTHORIZING THEIR USE AND ARE RESPONSIBLE FOR ANY USE BY THEM.
Biometrics: You have the option of using Touch ID or Fingerprint ID to access the ServU Mobile App on your device. This will allow you to access your accounts using fingerprints or other biometrics instead of a login and password. ServU reserves the right to suspend or disable this feature at any time.
Mobile Balance Display: Quick Balance and other mobile balance features allows anyone with access to the mobile device to use the Mobile App to view account balances and other information, without entering a user name and password or other credentials, and in some cases even if the mobile device is “locked.” By enabling Quick Balance and these other features, you authorize anyone who accesses the device to view this information, and agree that ServU is not responsible for any damages resulting from this, including in cases where your device is lost or stolen.
Important Notice on Biometrics: You acknowledge that when you enable biometric access, this allows anyone who has a fingerprint stored on your device full access to your account on the Mobile App, even if those individuals are not listed on your account agreement and do not otherwise have access. This allows them to (among other things) access your accounts, view your information, and conduct transactions on your behalf. We caution you against storing the fingerprints of others on your device. If you do, ServU advises you to review and confirm that all registered biometrics belong to individuals with authority to access the account. By activating biometrics and/or accessing services, ServU relies on your representation that anyone with a registered biometric is authorized by you to access the account.
You agree that when you deposit a check, share draft, or other non-cash item, ServU has the right to collect those funds before making the money available to you. If you deliver cash, checks or other items to an ATM operated by another financial institution for transmission to ServU for deposit into your account, you agree that your account does not have to be credited with that deposit until such time as the deposit is actually received and the funds are collected.
The Online Banking services are provided to you on an “as-is” and “as available” basis. We do not make any warranties or representations that you will have continuous or uninterrupted access to Online Banking or its content or functions, or that such functions will be error-free or any advertisements, or websites in connection with that service, including, without limitation, express or implied warranties of merchantability, fitness for a particular purpose or non infringement of third-party rights and title, and any implied warranties arising from course of dealing or course of performance. Your sole and exclusive remedy for any failure or non-performance of Online Banking (including any software or their materials supplied in connection with Online Banking) shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Online Banking service. In addition, see Electronic Fund Transfers Disclosure section for limits of liability provisions for transfers made using Online Banking.
We reserve the right to change or discontinue, temporarily or permanently, Online Banking at any time without notice. In order to maintain the security and integrity of Online Banking, we may also suspend your access to Online Banking at any time without notice. In no event will ServU Federal Credit Union be liable for any consequential (including, without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute of goods or mobile banking), indirect, incidental, special or punitive damages arising out of or in connection with your use of Online Banking.
By continuing, you: (1) acknowledge that you have software and equipment that satisfies the above requirements; (2) consent to receive disclosures, notices, and other information about your account and Online Banking, including this Agreement and Disclosure and any subsequent amendments to it, electronically; and (3) consent to receive an electronic version of the Agreement and Disclosure and agree to be bound by the terms and conditions contained therein. Because enrollment for Online Banking can only occur electronically, you understand that you will be unable to proceed if you do not agree.
By adding and storing your ServU card to a digital wallet, you agree that any future use will be subject to the Terms and Conditions of your existing card agreement and the Terms and Conditions for any digital wallet with ServU. If your phone is lost, stolen or compromised, please contact us at 1-800-443-0663.
Read or download the Terms and Conditions of your existing card agreement
The Mobile Check Deposit are designed to allow you to make deposits of checks to your accounts from home or other remote locations by using your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Credit Union or the Credit Union’s designated processor.
I. Introduction
Welcome to ServU Credit Union (hereafter referred to as “ServU”, “we”, “us” or “our”). This ServU External Loan Payment and Transfer Agreement (the “Agreement”) supplements, amends and becomes part of the ServU Online Banking Agreement and Disclosure and sets forth the terms and conditions for use of our External Loan Payment and Transfer services, as described herein. If there is a conflict between the terms and conditions of this Agreement and the Online Banking Agreement and Disclosure, this Agreement will control with respect to the Service provided hereunder. The customer (referred to as “you” or “your”) should read this Agreement carefully and keep an electronic or print a hard copy of it for your records. By clicking that you agree or accept these terms, or by using any Service described in this Agreement, or allowing any other person to use any Service in relation to any of your accounts or financial products or services, you are confirming your acceptance of the terms of this Agreement. By clicking that you agree or accept these terms, or by using any Service described in this Agreement, or allowing any other person to use any Service in relation to any of your accounts or financial products or services, you are also authorizing ServU to electronically debit your account at the other financial institution or at ServU, in order to make a payment on your ServU loan or an external transfer, as applicable. To the extent we make them available, you authorize us to establish preauthorized recurring fund transfers in accordance with the requests you make for us to do so.
II. Description of Services
With External Loan Payments and Transfers, you can make a loan payment towards a ServU loan using funds from your account at another financial institution. You can also transfer funds from an account you own at another financial institution to your account at ServU, or transfer funds from your ServU account to an account you own at another financial institution. Once your membership or online banking access with us has terminated for any reason, you will have no further right or access to use the Service. Any member with online banking access and one or more eligible accounts or loans may request this service.
III. Transaction Limits.
For security reasons, we limit the dollar amount of transactions you can make using the Service. Transfer limits include limits on the amount of a single transaction, limits on the aggregate dollar amount of transactions within a single day, and limits on the aggregate dollar amount of transactions over a 28-day period. Your transfer limits are displayed in the online banking interface, and can be accessed by clicking the link labelled as “check your limits” or similar language.
We may change your transfer limits at any time, and you agree that we may reduce your limits on the number or amount of transactions you can make using the Service, without prior notice, upon the occurrence of any one of the following events:
Any of your accounts with us are not current or are not in good standing.
You have had an overdraft or an item returned for insufficient funds with respect to any account with us.
You have had any prior transfer to or from an External Account canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
Any other security-related reason in ServU’s reasonable discretion.
Your external account may also be subject to transaction limitations. Please contact the financial institution at which your external account is held for any transaction limitations imposed on your external account.
YOU AGREE THAT YOU WILL NOT USE THE SERVICE FOR TRANSFERRING FUNDS INTERNATIONALLY AND AGREE THAT YOU WILL NOT USE THE SERVICE FOR INTERNATIONAL AUTOMATED CLEARING HOUSE TRANSACTIONS, WHICH ARE PROHIBITED UNDER THIS AGREEMENT.
IV. Timing.
New external accounts must be verified before a payment can be initiated. If a scheduled transaction date or a request falls on a weekend, holiday, or other day when ServU is not open for business, the transaction may not begin processing until the next business day. Payments and external transfers scheduled for the same day or the next day may still take 2 or 3 business days or more to process, and anything submitted after 2:00pm may not begin processing until the next business day or later. Please make sure to allow sufficient time for processing. The availability of funds transferred through the Service may also be subject to additional delay due to the processing times of the financial institution at which the External Account is held. It is your responsibility to ensure that sufficient funds are available in your ServU or external account, as applicable. For external transfers from your ServU account to an external account, it is your responsibility to ensure sufficient funds are available for both funds verification and at the time of processing later in the day. For recurring transfers, for every potential transfer you are responsible for ensuring that funds are available. You are responsible for any late payment fees, non-sufficient funds fees, or any other costs that result, even if you request payment on or before the due date or before a fee would be imposed for late payment. You may be subject to penalties, fees, or other charges by the financial institution at which your external account is held. You may suffer negative tax consequences for certain transactions involving retirement, savings, trust, loan, custodial, business and other types of accounts. It is your responsibility to consult with the financial institution at which your external account is held for any restrictions imposed by that financial institution regarding transfers to or from an external account. External transfers may be cancelled prior to the 2:00pm cut-off time. To cancel an external transfer, you may access the appropriate function within the online banking service prior to the 2:00pm cut-off time, and cancel it accordingly.
V. Eligible Items.
You are able to submit payments to eligible ServU loans, including but not limited to consumer loans, and real estate loans. You may also transfer funds to or from certain eligible accounts at ServU. You may only transfer funds to or from an account at another financial institution if you own that account and it is in your name. You may not use the Service to make any tax payments, payments pursuant to court orders or fines, or payments otherwise prohibited by law. We reserve the right to determine your eligibility for this service at our sole discretion. All transfers must be made in U.S. Dollars.
VI. Requirements.
Each transaction must have the correct routing number and full account number of your account at the other financial institution when submitting the payment or transfer request. You must follow any instructions we provide for verification of your external account, which may include without limitation providing us with the amounts of small, randomly generated deposits sent to your external account. You understand and agree that we may remove any randomly generated deposits sent to an external account at any time and without notice to you. Please ensure that the routing and account number provided are in the correct format for ACH debits or credits at the other financial institution. Transactions may be processed entirely based on the routing and account number provided, and we are not responsible for any incorrect routing or account number provided. You agree that it is your responsibility to ensure that you provide us with the correct information for your external account, and that external transfers sent to invalid or incorrect account numbers or routing numbers may not be recoverable. You agree to obtain any and all permissions required by the financial institution at which your external account is held prior to transferring funds to or from the external account. We offer the External Loan Payment and Transfer service as an added convenience to you. We reserve the right to reject your enrollment in the Service, registration of your external account or any transaction request, for any reason, including without limitation potential or actual fraud, misuse of the Service, limitations as outlined by the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), or incomplete enrollment or registration request. We have the right to terminate this agreement for any reason with no prior notice. We also have the right to make changes to this Agreement, including without limitation the fees and charges applicable to the Service, at any time. Any changes to this Agreement may include the addition of new charges or terms. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
VII. Receipt of Deposit
Any confirmation from us that we have received the file or transfer request does not mean that the file contains no errors. We are not responsible for any files or transfer requests that we do not receive. Following receipt, we will process the file or transfer request. ServU reserves the right, at our sole and absolute discretion, to reject any file for External Loan Payments or transfer requests. We will make reasonable efforts to notify you of rejected files or transfer requests.
VIII. Returned Payments.
Any credit to your loan or account is provisional. If the original payment or transfer is dishonored, rejected or otherwise returned by the receiving bank or is rejected or returned by any commitment for the collecting bank that is obtaining the draft payment, for any reason, including, but not limited to, issues relating to debiting funds, you agree that the provisional credit to the loan or account will be reversed. You will reimburse us for any losses, costs, fees, or expense caused by or relating to the processing of the returned item, including but not limited to any additional fees imposed due to a payment not being on time, and ServU may charge an External Funds Transfer Return fee of $30.00. Please see current fee schedule for a list of fees. ServU is not responsible for any charges imposed by another financial institution or third party, including but not limited to fees for insufficient funds or overdraft charges.
IX. Your Warranties.
You make the following warranties and representations with respect to each payment or transfer request.
The account and routing information you provide is true and accurate, and specifies an account that you are the owner of, and from which you are authorized to make payments or transfers.
The amount is accurate and you have sufficient funds in the account to make the payment or transfer.
With respect to each payment or transfer, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule.
X. Compliance with Law.
You will use this system for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for payments or transfers and in accordance with applicable laws, rules and regulations.
XI. External Loan Payment Unavailability.
External Loan Payments and Transfers may be unavailable temporarily due to system maintenance or technical difficulties, including those of the internet service provider, cellular service provider, or other hardware or software technical difficulties. In the event that External Loan Payments and Transfers is unavailable, you may pay a ServU loan in person at any of our branches, or by mail. You are still responsible for making your ServU loan payments on time even if External Loan Payments and Transfers is unavailable.
XII. Your Responsibility.
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 attorneys’ fees and expenses arising from your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Digital Insight, and hold harmless Digital Insight, its affiliates, officers, employees and agents, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to ServU or to End User’s use of the Services or Digital Insight Applications, unless such claim directly results from an action or omission made by Digital Insight in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE EXTERNAL LOAN PAYMENT AND TRANSFER SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY OF THE EXTERNAL LOAN PAYMENT AND TRANSFER SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE EXTERNAL LOAN PAYMENT AND TRANSFER SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE EXTERNAL LOAN PAYMENT AND TRANSFER SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
XIII. Your Indemnification Obligation.
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 attorneys’ fees and expenses arising from your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Digital Insight, and hold harmless Digital Insight, its affiliates, officers, employees and agents, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to ServU or to End User’s use of the Services or Digital Insight Applications, unless such claim directly results from an action or omission made by Digital Insight in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE EXTERNAL LOAN PAYMENT SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY OF THE EXTERNAL LOAN PAYMENT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE EXTERNAL LOAN PAYMENT SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE EXTERNAL LOAN PAYMENT SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM
(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
XIV. Financial Information.
You must inform us immediately of such items including but not limited to: your online banking credentials may have been compromised or any unauthorized or fraudulent items have posted to any of your loans or accounts. You agree to provide us any financial information we reasonably request during the term of this Agreement.
To contact ServU for the above inquiries, please visit any branch or call (607) 936-2293.
ServU Federal Credit Union Credit Card Controls Agreement Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE AGREEING TO PARTICIPATE IN THE SERVU FEDERAL CREDIT UNION CARD CONTROL SERVICE (THE "SERVICE"). THERE IS NO OBLIGATION TO USE THE SERVICE, BUT IF YOU DO USE THE SERVICE THEN YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("AGREEMENT") AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
The Service. The Service is offered by ServU Federal Credit Union (referred to herein as "ServU", "us", "we" or "our"). The Card Control Service is designed to allow you to temporarily disable your credit card in the event it is misplaced, lost, or stolen. The Service may also be used to set Restrictions that will cause certain types of transactions to be declined. The Service may also be used to send transaction alerts via methods that may include one or more of the following: push notifications, SMS text messages, and/or e-mail.
The Service does not allow for the cancellation of authorized or pre-authorized credit card transactions. It is not intended as a method for stopping payment on authorized or pre-authorized transactions. In accordance with Visa Operating Rules, all transactions, for which there is a prior authorization, will be paid by ServU. This applies to authorizations made in both card present and card not present situations, and in cases of pre-authorized recurring transactions. Pre-authorized recurring transactions must be stopped in accordance with the agreement made with the merchant involved in the pre-authorizations.
Restrictions. The Service allows you to set Restrictions that cause certain types of transactions to be declined. These may include transactions at specific merchant categories, international transactions, certain transaction methods, or other types of transactions you specify. These Restrictions will continue to apply and cause certain transaction types to be declined until you remove them, so if you no longer wish for certain transaction types to be declined you must remove the Restriction. ServU does not control how any merchant or transaction is categorized, including without limitation whether a merchant or transaction is categorized as domestic or international, which merchant category a merchant belongs to, and which method of transaction a merchant utilizes. There is no guarantee that any Restriction you set will decline all transactions you intend to decline, or permit all transactions that you wish to allow.
Fees. ServU does not charge an additional fee for use of the Service. However, if SMS alerts are offered, then in order for Transaction Alerts to be sent to your mobile telephone number(s), you must (i) own a two-way text message (or "SMS") capable mobile phone that is registered on a carrier network, (ii) have enrolled in a plan that includes use of your mobile handset’s SMS capabilities and (iii) ensure that your account remains in good standing with your wireless service carrier. You hereby acknowledge and agree that standard text messaging rates apply for each text message sent from and received by your mobile phone as determined by your wireless service carrier. You are solely responsible for such charges and any other charges from your wireless service carrier. You should contact your wireless service carrier for complete pricing details. For other alert methods such as push notifications or e-mail, you are solely responsible for any charges related to such alerts, including but not limited to data usage, internet access, device fees, or any related charges.
Transaction Alerts. The actual time between a transaction made with your Card that triggers a Transaction Alert and the time you receive such Transaction Alert is dependent on your internet service provider or wireless carrier’s (as applicable) service and coverage within the area in which you are physically located at that time. Your receipt of Transaction Alerts may not be available in all areas. There is no guarantee that such Transaction Alerts shall be timely or interruption-free. You understand that Transaction Alerts could cause a large number of push notifications, SMS text messages, e-mails, or other notifications depending on the method(s) of alert.
Automatic Transaction Alerts. Some Transaction Alerts may already be enabled by default upon enrollment in the Service, and will automatically commence upon enrollment in the Service, even if you do not set up specific Transaction Alerts. By enrolling in the Service you agree to receive these Transaction Alerts. You can turn off these Transaction Alerts through the Service if you wish.
Eligibility. The Service is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); and (ii) own a ServU Visa credit card that is in good standing and eligible for the Service ("Card"). Note: Eligibility of a Card will be determined by us in our sole and absolute discretion. Our decisions with respect to your eligibility are final and binding. We reserve the right to terminate your participation in the Service at any time. The user must qualify for online banking in order to use the Service. The user must adhere to the terms and conditions outlined in separate agreements with ServU, including but not limited to any agreements for online banking, mobile banking, and the Credit Union Account Agreement.
No Amendment of Existing Terms and Conditions for Cards. THE TRANSACTION ALERTS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.
Limitations
1. No Warranties. Equipment, Computer, and Software. SERVU, ITS DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, ASSIGNS, RELATED PARTIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES OR THEIR SERVICE PROVIDERS (COLLECTIVELY, "RELEASED PARTIES") SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR EQUIPMENT. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE AND ANY EQUIPMENT ARE AT YOUR SOLE RISK. THE SERVICE AND ANY EQUIPMENT USED TO MAKE AVAILABLE SUCH SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.
2. Limitation of Liability. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH SERVU WILL TAKE COMMERCIALLY REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION, UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT, AND RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED.
3. Indemnity. You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
4. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Dispute Resolution. Any claim shall be handled in accordance with the dispute resolution provisions of the agreement governing your Card account.
Availability of Service. While we will make every effort to decline transactions while your card is in a deactivated state, and decline transactions you have set to be declined under Restrictions, we cannot guarantee that all such transactions will be declined due to circumstances beyond our control. You acknowledge that the deactivation and Restriction functions are reliant on computer and/or telecommunication systems. Disruptions to these systems may result in the authorization of transactions. Reactivation of cards or removal of Restrictions may be unavailable during certain times of the day.
You are responsible for monitoring your account activity, whether electronically or by checking your statements. You are still responsible for promptly notifying ServU of any unauthorized transactions. Use of the Service does not override your responsibility to report any unauthorized transactions to ServU in a timely manner. The Credit Union assumes no responsibility for failure of the Service to work in the expected manner, aside from the responsibilities put forth in said agreement.
Enforceability. We may waive enforcement of any provision of the Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Amendment. We may change this Agreement at any time. We may add new terms and conditions and we may delete or amend the existing terms and conditions. You will generally be provided advance notice of any change. If the change is favorable for you, we may make the change at any time without prior notification. If you do not agree with the change, you may discontinue using the Service. If you continue using the Service, your continued use will be acceptance to the agreement changes.
Termination. We may terminate or suspend the Service, or your use of the Service, at any time. You may terminate your use of the Service at any time through the card control application or by giving notice to us. Your notice will not be effective until we receive your notice of termination and we have had a reasonable time to act upon it. Without limiting the foregoing, this Agreement may be terminated if you breach any term of the Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with any other Agreement with us.
Contact Us. If you have any questions about the Service or any Card transaction, please send us a secure message through online banking or call us at 1-800-443-0663.