NetTeller® and iPay Services

TERMS AND CONDITIONS

The following terms and conditions govern the manner in which Indiana Members Credit Union (“IMCU”, “we”, “us”, “our”) will provide NetTeller and iPay Services to you, a member of IMCU (“you”, “your”).

“Business day” Definition

For purposes of these disclosures, our business days are Monday through Friday, excluding normal banking holidays.

Agreement Regarding the Use of NetTeller

By using your NetTeller password to obtain a NetTeller service for the first time, you will be consenting to the terms of this Agreement.

You will have until 8:30 p.m., Eastern Time (“ET”), to cancel or modify a scheduled transfer on the day prior to the day that the transfer is scheduled to occur.  Scheduled transfers are processed after 8:30 p.m., ET.

IMCU reserves the right to discontinue access to NetTeller without notice.  IMCU will not be liable for failure to honor any NetTeller transactions once access to NetTeller has been discontinued.  Some transactions may not be processed the same day based on the time the transaction was made.  A withdrawal by check requested on any day will be processed the following business day.  The total dollar amount of transactions via NetTeller is subject to limits set by IMCU, and sufficient verified funds must be available to satisfy your transaction instructions.  All quoted balances may not include current day activities, including items that have not cleared.

Agreement Regarding the Use of iPay Services

 

iPay Services is our electronic bill payment service.  You authorize us to utilize third parties to provide the iPay Services to you on our behalf.  Payment of taxes or court directed payments via the iPay Services is prohibited. If the designated account does not have sufficient funds available to complete the payment, the payment may be refused.  We reserve the right to refuse to make any payment, but will notify you of any such refusal within two (2) business days following receipt of your payment instruction. 

When using iPay Services, funds will be sent to your targeted merchant as close as reasonably possible to the date designated by you in your payment instruction.  You authorize us, and any third party acting on our behalf, to choose the most effective method to process your payment, including, without limitation, electronic, paper, or some other draft means.  For each properly instructed payment to an eligible merchant, you will receive a transaction confirmation number (“confirmation number”).  A properly instructed payment includes the generation and receipt of a confirmation number.  UNLESS YOU RECEIVE A CONFIRMATION NUMBER, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO MAKE A PAYMENT, INCLUDING ANY FINANCE CHARGES OR LATE FEES INCURRED AS A RESULT.  THE PAYMENT DATE MUST BE FIVE OR MORE BUSINESS DAYS BEFORE THE MERCHANT DUE DATE, SINCE THE TIME FOR US TO PROCESS YOUR PAYMENT VARIES ACCORDING TO THE MERCHANT.  IF YOU SCHEDULE A PAYMENT LESS THAN FIVE BUSINESS DAYS BEFORE THE DUE DATE, YOU WILL BEAR FULL RESPONSIBILITY FOR ALL PENALTIES AND LATE FEES, AND WE WILL NOT BE LIABLE FOR ANY SUCH CHARGES OR FEES. 

When using iPay Services, the payment date, indicated by you, must always be a business day.  If you attempt to make a payment on a non-business day, the scheduled payment will be deemed to be the first business day following the date of your attempt.  A bill payment may be canceled or modified any time prior to 3:00 p.m., ET, on the business day that the payment is scheduled to occur. 

iPay Services Contact Information

iPay Services are available Monday thru Friday

from 7:30 a.m. to 2:00 a.m., ET.

Please call 1-855-223-4747

Agreement and Disclosures Applicable to NetTeller and iPay Services

Periodic Statements:

You will get a monthly account statement unless there are no transfers in a particular month.  In any case, you will get the statement at least quarterly.  All transactions made via the NetTeller and iPay Services will be listed on your monthly statement that you receive from us.

Transfer Types:

You may utilize NetTeller and/or iPay Services to:

            1)        Make deposits to your checking or savings account;

            2)        Transfer funds between your checking and savings accounts whenever you request;

            3)        Pay for purchases at places that have agreed to accept the NetTeller and/or iPay Services.

            4)        Pay bills directly from your checking account in the amounts and on the days you request.

 

Transfer Limitations:

Government regulations limit, to six per month, the number of automatic withdrawals and transfers from either a Savings Account or a Money Market Account.  Specifically, the limitation applies to automatic withdrawals or transfers made by NetTeller, Mobile Banking, Q-Phone, pre-authorized debit, check, debit card, or overdraft protection transfer.

Automatic withdrawals or transfers exceeding the above limit are subject to our Reg D Fee (see Fee Disclosure).  Additionally, we reserve the right to prevent automatic withdrawals or transfers which exceed the above limit or to monitor these transactions after they occur.  When we observe that the number of transactions exceeds the above limit, we will contact you for corrective action.  When excessive transactions continue to occur, or when the number of transactions shows little attempt to stay within the limitation, we reserve the right to close a Savings or a Money Market Account or convert it to a Checking Account.

Electronic Check Conversion:

You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to:

            1)        Pay for purchases; and

            2)        Pay bills;

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 1-800-556-9268 to find out whether or not the deposit has been made.

Right to Stop Payment and Procedure for Doing So:

In addition to the transfer cancelation methods stated above in the NetTeller and iPay Services Agreement sections, you may also stop any regular payments out of your account that you have told us about in advance.  Here is how:

            1)        Call us at 1-800-556-9268; or

            2)        Write us at:

                        Indiana Members Credit Union

                        Electronic Services Department

                        5055 Madison Avenue

                        Indianapolis, IN  46227

Please do so 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, you are required to provide a written confirmation of the stop-payment and mail it to the address listed above within 14 days after you call.  An oral stop-payment order ceases to be binding after 14 days if you fail to provide the required written confirmation.

Liability for Failure to Stop Payment of Preauthorized Transfer:

If you order us to stop a payment, as described above, three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Liability for Failure to Complete a Transfer on Time or In the Correct Amount & Limitations:

If we do not complete a transfer to or from your account on time or in the correct amount, when properly instructed by you to do so in accordance to this Agreement, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable in the following circumstances:

            1)        If, through no fault of ours, the designated account does not have sufficient funds available to complete
                       the transaction or payment;

            2)        The money in your account is subject to legal process or other claim;

            3)        You have closed the designated account;

            4)        We have identified you as a credit risk and have chosen to terminate your subscription to the iPay Services;

            5)         Your equipment, the software, or any communications link is not working properly;        

            6)        Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source)
                       prevent the proper execution of the transaction, despite reasonable precautions that we have taken; and

            7)        If NetTeller or iPay Services was not working properly and you knew about the breakdown when you started the
                       transfer;

            8)        The merchant mishandles or delays handling bill payments sent by us.

            9)        There may be other exceptions stated in our Agreement.

Failed Payments and Subscription Suspension:

In the event we are unable to process a bill payment transaction (for example, the designated account has insufficient funds), the transaction will result in a “Failed Payment.”  In such event, you may be charged the “Service Charge-Billpay-NSF” fee (see Fee Disclosure).  In the event of repetitive Failed Payments, we reserve the right to suspend your subscription to NetTeller, without prior notice.  If your subscription is suspended, transactions which were previously initiated may continue to be processed unless canceled and confirmation of such cancellation is provided as specified below.  Suspension will be handled by IMCU Member Services, and all inquiries and correspondence relating thereto, including requests for reinstatement, should be directed to IMCU Member Services.  Any notice of subscription suspension that we choose to provide will be sent by mail to your listed address.

Reimbursement/Collection of Funds for Failed Payments:

With respect to any Failed Payment, you agree to reimburse us within fourteen (14) days after notice is sent to you, for any funds we have already paid to one or more of your designated merchants which we were unable to recover by debit to the merchant or charge to you.  If you do not pay any amount owed to us when due, you agree to pay interest on the unpaid balance at the rate of 18% per annum.  In the event that your claim or debt is referred to a third party for collection, you agree, to the extent permitted by law, to pay all costs and fees incurred in collecting the outstanding balances, including reasonable attorneys’ fees and court costs. 

NetTeller Password:

You are responsible for the safekeeping of your NetTeller password and for all transactions by the use of NetTeller.  Your NetTeller password is not transferable.  You agree that you will not disclose your NetTeller password or make it available to any other person.  If you disclose your NetTeller password to anyone, you have given that person access to your account via NetTeller and you are responsible for their transactions. 

Consumer Liability:

Tell us AT ONCE if you believe your NetTeller password has been lost, stolen, or otherwise compromised, or if you believe that an electronic fund transfer has been made without your permission using information from your check.  Telephoning IMCU Member Services during operating hours or sending an electronic message through NetTeller are the best ways of keeping your possible losses down.  You could lose all the money in your account (plus your maximum overdraft line of credit).  If you tell us within two (2) business days after you learn of the loss or theft of your NetTeller password, you can lose no more than $50.00 if someone used your password and NetTeller/iPay Services without your permission. 

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by NetTeller/iPay Services, card, code, or other means, 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. 

Contact in Event of Unauthorized Transfer:

If you believe your NetTeller password has been lost, stolen, or otherwise compromised, please call or write us using the following contact information:

IMCU Member Services Contact Information

Telephone

IMCU member services are available during the following hours:

            -  Monday thru Thursday:    8:00 a.m. to 5:00 p.m., ET.

            -  Friday:                                 8:00 a.m. to 6:00 p.m., ET.

            -  Saturday:                            9:00 a.m. to 1:00 p.m., ET.

*  Voicemail system provided for all other hours.

Please call 1-800-556-9268

Email

electronic@imcu.com

Mail

Indiana Members Credit Union

Electronic Services Department

5055 Madison Avenue

Indianapolis, IN  46227

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Error Resolution:

In case of errors or questions about your electronic transfers, contact us using the methods above 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 60 days after we sent the FIRST statement on which the problem or error appeared.  You must:

            1)        Tell us your name and account number (if any);

            2)        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; and

            3)        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 determine whether an error occurred within ten (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 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 in writing and we do not receive it within ten (10) business days, we may not credit your account. 

We will tell you the results within three (3) 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. 

Limited Liability: Equipment:

WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT OR SOFTWARE, THE NETTELLER OR IPAY SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE RELATED TO THE SERVICES.  WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE OR THE SERVICES, EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD.

New Services:

We may, from time to time, introduce new services or enhance the existing services.  We shall notify you of the existence of these new or enhanced services.  By using these services when they become available, you agree to be bound by the terms and conditions regarding these services, which will be disclosed to you.

Confidentiality:

We will only disclose information to third parties about your accounts in the following situations:

            1)        When it is necessary for completing NetTeller transactions;

            2)        In order to comply with a government agency or court order; or

            3)        If you give us your permission.

Fees:

The following fees may apply:

            FI2FI Transfer Fee:                          $1.00

Fees associated with use of your checking account also apply to NetTeller and iPay Services.  See IMCU's Fee Disclosure, located at www.imcu.org, for details.

Additional Terms and Conditions

In addition to the foregoing, you agree to be bound by and comply with applicable state and federal laws and regulations

To cancel your NetTeller access, you must provide written instruction to us using the IMCU Member Services contact information above.

If you wish to cancel your subscription to iPay Services, you must notify IMCU Member Services.  You will be responsible for all bill payments you have requested prior to termination and for all other changes and fees incurred.  BE SURE TO CANCEL ALL OUTSTANDING PAYMENT ORDERS BEFORE YOU NOTIFY US TO TERMINATE IPAY SERVICES.  WE WILL NOT BE LIABLE FOR PAYMENTS NOT CANCELLED OR MADE DUE TO THE LACK OF PROPER NOTIFICATION BY YOU OR IPAY SERVICES TERMINATION. 

These Terms and Conditions and applicable fees and charges may only be altered or amended by us.  In such event, we shall send notice to you at your listed address or transmit notice of the alteration or amendment over NetTeller.  Your use of NetTeller following receipt of such notice constitutes acceptance of such alterations or amendments.

In the event of a dispute regarding NetTeller, you agree to resolve the dispute with us by looking to these Terms and Conditions.  These Terms and Conditions shall supersede any and all other representations made by you or our employees.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana and any other regulation or federal law that might supersede or otherwise be binding. 

Authorization

You desire to subscribe to NetTeller and/or iPay Services and authorize us, and any third party acting on our behalf, to serve as your agent in processing payments to targeted merchants and/or transfers to and from targeted accounts pursuant to your payment and/or transfer instructions, and you authorize us to post such payments and/or transfers to your designated account(s).  You understand that we may not make certain payments and/or transfers if sufficient funds are not available in your designated account.  This authorization is in force until revoked by you or us and is subject to these Terms and Conditions as amended from time to time.

I have read and agree to these Terms and Conditions.

 
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