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.