KC Police Credit Union

Internet Banking Agreement and Disclosures

This Agreement is the contract, which covers your and our rights, and responsibilities concerning Internet Banking and Bill Payment services offered to you. In this Agreement, the words "you" and "yours" refers to those who sign the Credit Union Membership Application and account agreement or complete a Internet Banking authorization form. The words "we," "us," and "our" mean the KC Police Credit Union ("Credit Union"). The word "account" means any one or more share or checking accounts you have with the Credit Union.

By signing a Membership Application or completing and transmitting an account authorization form on the Internet Banking service, you agree to the following terms governing your and our rights and responsibilities concerning the Internet Banking electronic funds transfer services. Electronic funds transfers ("EFTs") means transfers involving your asset accounts at the Credit Union that are done through an electronic terminal, telephone, magnetic tape or computer.

Internet Banking Services. Upon approval, you may use your personal computer to access your accounts. You must use your Personal Audio Teller "PAT" PIN code to initially access your accounts. At this initial access, you will be immediately prompted to change this password. You will need a personal computer and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your computer. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At the present time, you may use the Internet Banking service to:

Transfer funds between your Savings, Checking, Money Market and Christmas Club accounts.
Transfer funds from savings and checking to make consumer and home equity loan payments.
Schedule automatic, recurring transfers or loan payments
Transfer funds between your memberships (requires a signed Cross-Member Transfer Authorization form)
Review account balance and transaction history for your Savings, Checking, Christmas Club, Certificate of Deposit, IRA, Deferred Compensation, Money Market, Consumer Loans, and Home Equity loans.
Review information on your loan account including payoff amounts, due dates, finance charges, and balance information.
Make bill payments and preauthorized transfers from your checking account.

Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement, as applicable.

Internet Banking Service Limitations. The following limitations on Internet Banking transactions may apply:

Transfers. You may make funds transfers among your accounts as often as you like, with the following exceptions:

Transfers from your savings and money market accounts will be limited to a total of six (6) in any one calendar month, due to regulatory limitations.

A transfer to or from certificates of deposits, IRA's, and deferred compensation accounts.

Transfers from club Accounts are allowed, but will incur a fee.

Transfers to make first mortgage loan payments.

Transfers to make Classic Visa payments.

Advances on home equity and credit card loans.

You may transfer or withdraw up to the available balance in your account, except as limited under this Agreement or your deposit agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy.

E-Mail. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 4.

Bill Payments. You may add new merchants (payees) or edit previously authorized merchants (payees). When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from your checking account. We will process bill payment transfer requests only to those payees you have designated. The Credit Union will not process any bill payment transfer if we know the required transaction information is incomplete. The Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for entering or knowing. If there are insufficient funds in your account to make the bill payment request, we will refuse to make the payment. The Credit Union reserves the right to refuse payment processing if the instructions appear to the Credit Union to be fraudulent or erroneous or in violation of any law. The Credit Union will withdraw the designated funds from your account for the bill payment transfer by midnight, the next business night after the scheduled processing date.

It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions at least five (5) days before a bill is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization.

You may cancel or stop payment on bill payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) that you have already scheduled for transmission through the bill payment service, you may electronically edit or cancel your payment request through the bill payment service. Your cancellation request must be entered and transmitted through the bill payment service before the date you have scheduled for payment, provided the Credit Union has reasonable opportunity to act on the request. If your request is not timely entered, you will be responsible for the payment.
If you wish to place an oral stop payment on a bill payment transaction, not using the bill payment service, the Credit Union must receive your oral stop payment request at least three (3) business days before the payment is scheduled to be made. You may call the Credit Union at the telephone number set forth in Section 4 to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within 14 days after the call. If these regular payments may vary in amount, the person who you are going to pay should tell you ten (10) days before each payment when it will be made and how much it will be. If you order the Credit Union to stop one of these payments three (3) business days or more before the transfer is scheduled and the Credit Union does not do so, the Credit Union will be liable for your losses and damages.

Security of Password. The personal identification number or password ("security code") that you select is for your security purposes. The password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your password. You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. If you authorize anyone to use your password, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of your password and Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately in addition to any other remedies available to us.

Member Liability. You are responsible for all transfers you authorize using the Internet Banking services under this Agreement. If you permit other persons to use your password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your password and accessed your accounts without your authority. Telephoning is the best way to limit your possible losses. It is possible for an unauthorized person to remove all of your funds and access all loans which are accessible with your password. For Internet Banking transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows Internet Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized EFT transactions. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

(816) 504-2800 or
1 (800) 338-8567

Or e-mail:
memberserv@kcpcu.org

Or write:

KC Police Credit Union
2800 East 14th Street
Kansas City, MO 64127

Business Days. Our business days are Monday through Friday. Holidays are not included.

Fees and Charges. There are certain charges for electronic funds transfer services as set forth below. From time to time, the charges may be changed. We will notify you of any changes as required by law.

The Internet Banking service is free.

Return Item (NSF) Fee. There is $25.00 per item fee for a Returned Item (NSF).

Stop Payment Fee. There is a $25.00 per item fee for a Stop Payment.

Right to Receive Statements. Transfers and withdrawals transacted through Internet Banking will be recorded on your periodic statement. You will receive a statement monthly.

Account Information Disclosure. We will disclose information to third parties about your account or the transfers you make:

As necessary to complete transfers;

To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;

To comply with government agency or court orders;

If you give us your express permission.

Credit Union Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:

If, through no fault of the Credit Union, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would go over the credit limit on your line of credit, if applicable.

If you used the wrong password or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and bill payment transactions.

If your computer fails or malfunctions or the Internet Banking service was not properly working and such problem should have been apparent when you attempted such transaction.

If circumstances beyond our control (such as fire, flood, telecommunication outages, strikes, equipment or power failure) prevent making the transaction.

If the funds in your account are subject to an administrative hold, legal process or other claim.

If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer.

If, through no fault of the Credit Union, a bill payment or funds transfer transaction does not reach a particular creditor and a fee, penalty, or interest is assessed against you.

If the error was caused by a system beyond the Credit Union's control such as a telecommunications system or Internet service provider.

If there are other exceptions as established by the Credit Union.

Termination of Electronic Fund Transfer Services. You agree that we may terminate this Agreement and your electronic fund transfer services, if you, or any authorized user of your Internet Banking services or password breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password. In addition, we reserve the right to terminate the service if you fail to use the service for more than ninety consecutive days. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Electronic Statements. By clicking "ACCEPT" below, I opt and agree to receive my periodic account statements online through K.C. Police Credit Union's (KCPCU) Home Banking service as an alternative to receiving mailed paper statements. I understand that as a KCPCU Home Banking user, I will have the ability to access my KCPCU account statements online. I acknowledge and agree that by choosing the on-line account statement option, I will not receive mailed paper statements beginning with the month following my acceptance of this service.

I understand that these statements will be available by the fifth business day at the beginning of each month, and will remain available online for up to twelve months, after which time they will be purged. I understand that my first online statement will be available beginning the month following my acceptance of this service provided that I have accepted this service by the 25th day of the current month, and that I will receive the message "The Online Statements service is temporarily unavailable. Please try again later." until my first statement is available online.

I understand that an e-mail reminder will be sent to me when my statement is available for viewing, that it is my responsibility to provide my current accurate email address. Email addresses can be updated through KCPCU Home Banking by clicking on the USER OPTION button, and then clicking on the EMAIL ADDRESS button.

It is my responsibility to provide and maintain the proper equipment and software that will enable me to retrieve, display, print, and store these statements for my records. I understand that my statements will be provided as Internet web pages (gif) or image documents (pdf requiring Adobe Acrobat software and 5 MB hard disk space). The minimum hardware is a Pentuim-class PC with 128 Mb memory, 20 GB hard disk space (for the browser),a VGA or high-resolution monitor, and an attached printer capable of printing gif or pdf documents. The minimum software is Windows 98 and the following minimum browser with cookies enabled: Netscape 4.51, Internet Explorer 4.0, or America Online 5.0 (32 bit). Each monthly statement may require 64 Kb or more of disk storage.

I understand that online periodic statements will include the periodic account and transaction activity for my deposit, loan, and electronic funds transfer services and periodic notice of billing error rights. I agree that it is my responsibility to examine each statement of account and report any irregularities or disputes to KCPCU as stated in the depository account agreement, terms, and Disclosures.

I may withdraw my consent to receive online statements by contacting KCPCU in person by phone or by visiting any KCPCU branch. There are no fees or account restrictions for withdrawing my consent for online statements. Furthermore, I may request KCPCU to provide a printed statement copy by contacting KCPCU and paying the current fee for each copy requested.

I acknowledge and agree that if KCPCU in its judgement believes that the provision of my statements electronically is no longer viable, or if that any such provision or transmission may give rise to security or operational concerns, KCPCU may in its sole discretion cease providing my electronic online statements, and resume providing me with mailed paper statements.

I understand that I will be able to retrieve my online statements electronically with a KCPCU Home Banking personal identification number (PIN) of my choice. I acknowledge that if I disclose my PIN to anyone else or if my PIN is lost or stolen, third parties may be able to access my online statements. I agree that KCPCU will not be liable for any loss caused by the authorized and unauthorized use of my PIN by any third party to access my statements. I agree to keep my PIN in a place of safekeeping, and I agree that the security of my PIN will be my responsibility at all times. I agree to the security methods and techniques used by KCPCU and KCPCU's service providers.

Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail notice to you at least thirty (30) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your Credit Union account and any future changes to those regulations.

Billing Errors. In case of errors or questions about your Internet Banking or Bill Payment transactions, telephone us at the phone numbers or write us at the address set forth in Section 4, as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. You should:

Tell us your name and account number.
Tell us the dollar amount and date of the suspected error.
Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. If you tell us orally, we may require that you send us your complaint in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question, ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Missouri as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Missouri law, to payment by the other party of its reasonable attorney's fees and cost, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provisions may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.