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DIAMOND CREDIT UNION’S ONLINE AND ELECTRONIC SERVICES AGREEMENT
READ THIS SERVICES AGREEMENT AND DISCLOSURE STATEMENT CAREFULLY AND PRINT A COPY FOR YOUR FILES.
THIS SERVICES AGREEMENT PERMITS DIAMOND CREDIT UNION’S AND THE CUSTOMER TO DELIVER CERTAIN INFORMATION TO EACH OTHER ELECTRONICALLY INSTEAD OF ON PAPER OR "IN WRITING." THE INFORMATION WHICH MAY BE DELIVERED ELECTRONICALLY INCLUDES, BUT IS NOT LIMITED TO, NOTICES, DISCLOSURES AND OTHER INFORMATION REQUIRED BY FEDERAL LAW.
In this Agreement, the words "you" or "your" mean the consumer or business that has enrolled in the Diamond Credit Union’s Electronic Banking Services and "we", "us" or "our" refers to Diamond Credit Union’s. "Account" or "accounts" refer to your Diamond Credit Union’s accounts that you have designated for use with the Services.
If you consent to our online/electronic banking services agreement and disclosure statement, print or request a copy of the document, click to agree and proceed with your enrollment. By your consent you agree that we may provide you with all disclosures, notices and other communications (the "documents") about Online Banking, Mobile Banking, Bill Pay and the Services, including the Online/Electronic Banking Services Agreement and any future amendments, in electronic form. You may download or print the documents from your electronic device. (At your request, we will provide you with a paper copy of any of the disclosures you have agreed to without a fee.) You have the right to withdraw this consent without any fee, but if you do, we will immediately terminate your participation in Mobile, Online Banking or Bill Pay Services. You have the right to obtain copies of any of the documents we provided electronically. Withdraw your consent to our electronic disclosures by calling us at (610) 326-5490, or Toll Free: 800-593-1000, or write to us at Diamond Credit Union, 1600 Medical Drive, Pottstown, PA 19464.
You will receive an email to alert you to any changes related to disclosures, agreements, notices, modifications, and amendments. The body of the e-mail will contain the document or a link to the document. You have a right to request a free paper copy of any disclosures, agreements, notices, modifications, and amendments that we delivered in electronic form.
(NOTE: Your current account documentation delivery settings will remain in effect, [i.e.: paper statements, disclosures, e-statements, etc.]. Enrollment in E-Communication Package features is optional.)
Upon enrollment in the Electronic Communications Package, you are consenting and agreeing to receive your periodic account statements, all disclosures, agreements, notices, modifications, and amendments in electronic form that we would normally provide to you in paper form via U.S. Mail. Each document, which may be presented to you electronically under this Agreement, may be printed if you have a printer available or saved and retained for your records. You may not consent to receive your account statements and disclosures electronically under this Agreement if you do not have the capability to print or retain the documents.
If you choose not to consent to our electronic disclosures, you will not be able to access our Mobile, Online Banking, Bill Pay or the Services.
1. ACCEPTANCE This Diamond Credit Union Online/Electronic Banking Services Agreement (the "Services Agreement") contains important terms and conditions which govern the following Diamond Credit Union Electronic Banking services: Mobile Banking, Online Banking ("Internet Banking"), Bill Pay, and certain other electronic banking services offered through Diamond Credit Union Electronic Banking (collectively, the "Services"). You understand and agree that by using the Services, you are accepting the terms and conditions of this Services Agreement, and that your use of your login credentials will be considered the same as your written signature in authorizing us to complete any transaction or request communicated to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering. Because the Services are performed electronically, they are governed by federal and state laws and regulations pertaining to electronic funds transfers which entitle you to certain benefits and protections, which are contained in this Services Agreement.
2. REQUIREMENTS (a) Account Access - To access your account via the Services, you must have at least one eligible deposit or loan account, a Customer Identifier ("User ID"), and a password (the "Password") that you choose. You may only designate accounts that you own jointly, severally or otherwise or that you have the authority to use. You agree to provide us with any additional documentation we may require to permit access to your account. If you apply for an account or service via Electronic Banking, or ask to change an account or service you already use with us, you agree that we can treat your application or request as if it had been made in writing and signed by you. You understand by enrolling for Bill Payment, that you authorize us to investigate and verify any information supplied by you. You authorize us to make any credit or investigative inquiry that the Credit Union determines is appropriate to utilize bill payment services. (b) Joint Accounts - If you have designated a joint account to be accessible via the Services, each joint owner will be jointly and severally liable under this Services Agreement. We may act upon the instructions of any joint owner concerning the account without the consent of any other person. (c) Special Withdrawal Limitations. Banking regulations limit your ability to transfer funds between certain accounts, as described in the terms and conditions governing your deposit account (the "Deposit Agreement"). For example, you can make no more than 6 transfers from a savings or money market savings account during each monthly cycle. Transfers to another account or for making payment to a third party by means of a preauthorized or telephone agreement, order or instrument, withdrawals using a telephone, items processed through the Services, and checks are all counted against the permissible number of transfers, as are other transfer methods described in your Deposit Agreement, except where the transfers are made to pay on a loan with us. (d) Limitations and Dollar Amounts for Transfers and Payments. Transfers from one designated account to another may not exceed the available balance in your account from which the transfers are made. Bill payments are limited to a standard $25,000.00 per bill and may not exceed the available balance in the account from which payments are made. We reserve the right to limit the frequency and dollar amount of transactions from your designated accounts for security reasons. (e) Your Password. We will be entitled to act on all instructions received under your Password. Since your Password is used to identify you as an authorized user of the Services, you agree to notify us immediately if the secrecy of your Password is compromised, and you also agree not to reveal your Password to any person not authorized to use the Services. The security of your Account depends upon maintaining the secrecy of your Password. You may change your Password at any time while you are using the Services. To assist us in maintaining the security of your Services account(s), we may revoke or cancel your Password at any time without giving you prior notice. You agree not to use your Password for any transaction that would cause your account balance to go below zero. We will not be required to complete any such transaction, but if we do, you agree to pay us the amount of the improper withdrawal or transfer upon demand and any associated fees for such service. Otherwise, you authorize us to collect any such amounts, including the amount of the service fees you may owe us from any account you maintain with us. (f) Protecting Your Account. You are solely responsible for maintaining the secrecy of your login credentials. For your protection, we recommend you memorize this information, do not write it down, and change in periodically. Properly constructed credentials afford you a greater degree of assurance and are more secure if a) they contain more characters, b) if those characters are both alpha and numeric characters, c) if the consist of both upper and lower case. If your log in criteria is entered incorrectly on several consecutive attempts, your access to the Services will be blocked. To activate, please call Customer Support at (610) 326-5490, or Toll Free: 800-593-1000. You should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. Someone may use this information alone, or in conjunction with other information, to access your account. If you believe that your login criteria has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify us immediately by calling the number above. We reserve the right to deny access if user verification cannot be determined. (g) Your Electronic Device. You agree to be fully responsible for the installation, maintenance and operation of your electronic device and software. We are not responsible for any errors or failures from the malfunction of your electronic device, software, or for any virus or related problems associated with the use of an online system. You will be responsible for contracting with your own Internet Service or Phone Provider. You are responsible for the security of your electronic device. You must also meet our minimum browser requirements. (h) Secure Electronic Messaging Services. You may communicate with us through our secure messaging service. To ensure the security of your account information, we encourage you to use only this service when transferring information to us regarding your account. (i) New Services. We may, from time to time introduce new Electronic Banking services. You will be notified of these services and we may update this Services Agreement to incorporate any new services. If you are a consumer, your use of the new services will signify your acceptance of the terms and conditions governing these new services. We require proper authorization before providing certain requested services to business entities. (j) Fees and Charges. The fees and charges for the Services available through Diamond Credit Union Electronic Banking are set forth later in this Services Agreement. You agree that we may change the terms of this Services Agreement, including the fees at any time, and you will be notified of any such change by mail or by an electronic message. You understand that by using the Services after any change becomes effective, you have agreed to the changes. (k) When You May Access Your Account. Subject to conditions beyond our control, you can access your accounts via the Services, 7 days a week, 24 hours a day. There may be times, however, when some or all of the Services may not be available. (l) Hardware and Software Requirements. In order to use any of the online features Diamond offers, your computer hardware, software, and your Internet service provider (“ISP”) must meet the following specifications: Pentium 4 or better, minimum of 512 MB RAM, Windows XP / Mac OS X 10.5 or newer, and have Internet Explorer 7 or newer, Mozilla Firefox, Google Chrome, or Apple Safari installed. Your ISP needs to allow e-mail attachments up to 500 KB. You also must have a pdf viewer (such as Adobe Acrobat) installed on your system to view eStatements.
3. ELECTRONIC BANKING SERVICES (a) What You Can Do. If you have enrolled in Electronic Banking, you may: Obtain balance information, account detail information and transaction history on all eligible accounts enrolled in Electronic Banking. Unless otherwise noted, transactional history reflects activity through the close of business of the previous business day. For Electronic Banking, our business days are Monday through Friday, excluding federal holidays. Transfer funds between designated Diamond Credit Union accounts. See Special Withdrawal Limitations. Limitations and Dollar Amounts for Transfers and Payments in Sections 2. (d) and 2. (e) above. The following services may not be available through all electronic channels: Place and/or delete a stop payment on a check you have written. Reorder checks. Transmit secure electronic messages to Diamond Credit Union (b) Balance Inquiries. You may use Mobile or Online Banking to check the balances and recent activity of your Accounts. The balance shown may not be your actual available balance. The balance shown may also differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, payments, or charges, or items in process. (c) Funds Transfers Between Diamond Credit Union Accounts. You may transfer funds between eligible Diamond Credit Union accounts through Mobile, or Online Banking. An "eligible account" is an Account linked to the Electronic Banking service that does not have withdrawal restrictions. Eligibility is based on account type and customer to account relationship. When you request a transfer of funds between your Diamond Credit Union accounts, you authorize us to withdraw the necessary funds from the Diamond Credit Union account you designate. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your designated account at the time of withdrawal. We will not be obligated to act on any withdrawal instruction if there are not sufficient funds in the account you have designated. If you request a funds transfer on a weekend or holiday, we will transfer the funds from the designated account on the next business day. You will not be able to cancel funds transfer requests between Diamond Credit Union accounts once they are submitted. Please note that funds transfer requests performed after 10:00 p.m. Eastern Time may not actually post to your account until the next business day. Special Note: Borrowing from an existing line of credit you have with us shall be subject to the terms and conditions of your line of credit agreement. (d) Alerts. Automatic Alerts may be sent to you following important account activities or when certain changes are made online to your Online Banking account, such as a change in your email address, your credentials, or irregular card activity. These alerts will be automatically activated for you. Although you may have the option to suppress some of these Automatic Alerts, we strongly recommend that you do not. They provide important information related to your online security or account activities. Voluntary Account Alerts must be activated. Voluntary Account Alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts. Each alert has different options available, and you will be asked to select from among these options upon activation of your alerts service. Both Automatic Alerts and Voluntary Account Alerts are subject to the following: We may add new Automatic and Voluntary Account Alerts from time to time, or cancel old alerts. We may notify you when we cancel alerts, but are not obligated to do so. Alerts will be sent to the email address you have provided as your primary email address for Online Banking. You may also choose to have alerts sent to a secondary email address, including a mobile device that accepts e-mail messages. If there is a change to your email address or mobile phone number, you are responsible for informing us of that change. While Diamond Credit Union does not charge for the delivery of the Alerts, please be advised that data charges or rates may be imposed by your carrier. Changes to your primary and secondary email addresses will apply to all corresponding Alerts. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert. Because alerts are not encrypted, we will not include your credentials or full account number. However, alerts may include your name and some information about your accounts. Depending upon which alerts you select, information such as your account balance or the due date for a bill payment may be included. Anyone with access to your email will be able to view the contents of these alerts. (e) Stop Payments. You may initiate stop payment requests only for paper checks you have written (non-electronically) on your Credit Union account. Stop payments made through the Services after 10 PM will be deemed received the next business day. By placing a stop payment order on-line, you have authorized, directed and requested us to stop payment on the check requested. You agree to indemnify and hold us harmless from any and all claims, liabilities, costs and expenses, including but not limited to, court costs and reasonable attorney fees, resulting from or growing out of the our refusal to pay the stopped check. We shall have no liability to you for the payment of the identified check contrary to this stop payment order if the indicated check number, dollar amount or account number is not accurate. We are not liable to you if we paid the identified check if we acted in good faith or exercised ordinary care. Any damages that you incur and which we may be liable for are limited to actual damages not to exceed the amount of the check. You understand that if the stop payment order comes too late for us to have a reasonable time to act on it prior to accepting, certifying, paying, settling for, posting or becoming accountable for the check, that this stop payment order shall be of no effect. This stop payment order shall be governed by the provisions of the Uniform Commercial Code in effect in the State of Pennsylvania. This stop payment order shall be valid for a period of six (6) months from the date it is made unless we have received a revocation or renewal prior to expiration of such period. You agree that we may charge you a fee for processing this stop payment order as well as a similar fee for each renewal you make, such fee to be deducted from your account. Refer to the current schedule of fees for your account. (f) Customer Service. If you need assistance with Electronic Banking, or if you need to communicate with Diamond Credit Union, please notify us by: Sending a secure electronic message to our Electronic Banking Customer Service area. Calling Diamond Credit Union at (610) 326-5490, or Toll Free: 800-593-1000. You agree that we may record the conversations our employees have with you to monitor the quality of service and accuracy of information provided to you. Write to us at: Diamond Credit Union, 1600 Medical Drive, Pottstown, PA 19464. (g) Lost or Stolen Device. Classic Contact - If your mobile device is lost or stolen, contact customer service using any of the above methods. If you are concerned about misuse of your phone, contact your mobile service provider immediately to discontinue service. For questions regarding de-activation, please contact us. Independent Mobile - If your mobile device is lost or stolen, the service can be immediately disabled by logging into Online Banking and clicking Mobile Banking, then following instructions to disable. If you are concerned about misuse of your phone, contact your mobile service provider immediately to discontinue service. For questions regarding de-activation, please contact us.
4. BILL PAY SERVICES AGREEMENT Some Bill Pay Services may not be available through all electronic channels. (a) Payees. You may schedule current, future or recurring payments to a person or business in the United States through Bill Pay. By furnishing us with the names, addresses and telephone numbers of your Payees, and account information, you authorize us to follow your payment instructions to these Payees. Payments may only be made from an active funding account. You are solely responsible for maintaining the current address and account number of each Payee that you designate. (b) Prohibited Payments. You may not use Bill Pay to make payments to payees outside the United States or U.S. Territories. You may not make a payment of alimony, child support, taxes, other governmental fees, or court directed payments through Bill Pay. (c) Payment Account. To enroll for Bill Pay, you must reside in the United States and have at least one linked Diamond Credit Union checking account. You may use Bill Pay to make payments from linked accounts. You must designate the account from which Diamond Credit Union is to make payment. This account will be known as the Payment Account. By originating a Bill Pay request, you authorize us to withdraw the necessary funds from your Payment Account. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Payment Account at the time of scheduled withdrawal. We will not be obligated to act on any withdrawal instruction from you if there are insufficient funds in the Payment Account. If you have overdraft protection on your Payment Account, we may use available funds in that overdraft protection account to cover Bill Pay requests. For account holders who have multiple accounts affiliated with Bill Pay, if you close your Payment Account, you must notify us and identify a new Payment Account or we may select one for you. For Bill Pay Services, every day is a business day, except Saturday, Sunday and federal holidays. Saturday, Sunday and Monday are considered one business day. Federal holidays are considered part of the following business day. (d) Scheduling Payments. You may use Bill Pay to schedule payments on the date that you enter the payment information, on a future date, or on the same date of each month, subject to restrictions set forth in this Agreement. You may enter payment information 24 hours a day, 7 days a week (subject to system availability), but payments will only be initiated by us on business days. Bill Payments are processed on the requested send or transmit date. Payments will be made by electronic funds transfers if the Payees are set up to receive such payments, or by check if they are unable to receive electronic funds transfers. The time period which is required to process payments will vary according to the payment method and other factors. Payments issued by check through the bill pay system will be considered stale dated 90 days after the initiation date. At this time, a stop payment may be issued on any outstanding check. Sufficient time must be allowed for payments to be received by each Payee. You must schedule the Date of your payment to be at least 6 business days prior to the Due Date of your payment. The "Due Date" is the date on which your payment is due, without taking into account any applicable grace period. The "Transmit Date" is the date the payment is requested to be sent. We will not be responsible for any loss you may incur as a result of a late payment if your payment is not scheduled within the time periods described in this Section. (e) Future or Recurring Bill Pay. You may schedule a future or recurring payment to be initiated by us on any future business day (up to 364 days in advance) through Bill Pay. We shall complete the payment, provided there are sufficient funds in your Payment Account. You will receive confirmation the payment is scheduled at the time you request the payment. If a payment fails for any reason, you will receive notification via an electronic message. To ensure proper notification, please provide us with your most current email address, updating as necessary. Recurring bill payments must be in the same amount each period (weekly, monthly, semi-annual, etc.). If the regular payment date falls on a weekend or a holiday, it will be initiated on the following business day. (f) Changing or Canceling Payments. You may utilize Bill Pay to: (1) modify either the payment amount or date the bill payment is initiated for any future or recurring bill payment at any time prior to 9:00 p.m. Eastern Time on the date the bill payment is scheduled to be initiated by us, or (2) cancel a current, future, or recurring bill payment, at any time, prior to 9:00 p.m. Eastern Time on the Business Day it was scheduled for payment. Once an electronic payment has been submitted to the payee, the payment may not be stopped or cancelled. There may be times when a payment issued by check may be cancelled through a stop payment request. Stop payments must be initiated through customer support (610) 326-5490, or Toll Free: 800-593-1000. Stop payment fees apply. Refer to Schedule of Services and Fees and Deposit Account Agreement. WE RESERVE THE RIGHT TO REFUSE TO HONOR PAYMENT REQUESTS THAT REASONABLY APPEAR TO US TO BE FRAUDULENT OR ERRONEOUS. (g) eBill Presentment. Bills presented through eBill presentment are produced and controlled by the payee(s) listed. In most cases, a paper bill will no longer be sent. Should your payee(s) provide both a paper bill and an electronic bill, we suggest that you pay the bill that is received electronically to avoid making duplicate payments. To discontinue the paper bill, it may be necessary to contact the payee(s) directly. Electronic bills are available to view electronically from 3 to 18 months. The length of time a bill is available varies depending on your payee(s). Cancellation of bill pay will result in discontinuation of the eBill relationship with your payee(s). It may be necessary to contact the payee(s) directly to re-initiate a paper bill. The receipt of an eBill for discontinued relationships may result in an email notification. (h) Canceling Bill Pay. We reserve the right to suspend or terminate your use of Bill Pay at any time, for any reason, without prior notification. The Bill Pay service will remain open for customers that actively make regular payments through this service. After 60 days of inactivity, the bill pay service may be discontinued. If this occurs, your bill pay history and payee information will be removed from Electronic banking. If you wish to terminate Bill Pay, please contact us. It is your responsibility to cancel all future bill payments at the same time by deleting those payments through Bill Pay. This will ensure that future payments made by you will not be duplicated. If we are not contacted, Bill Pay fees will continue to be assessed. You should contact us as described in the Customer Service section below. (i) Customer Service. If you would like assistance with Bill Pay, or would like to communicate with Diamond Credit Union, please notify us by: Sending a secure electronic message to our Diamond Credit Union Electronic Banking Customer Service area. Calling (610) 326-5490, or Toll Free: 800-593-1000. You agree that we may record conversations with you to monitor the quality of service and accuracy of information provided to you. This will also help to ensure that your instructions are followed. Writing to us at: Diamond Credit Union, 1600 Medical Drive, Pottstown, PA 19464.
5. DIAMOND CREDIT UNION'S RESPONSIBILITY TO YOU (a) We will be responsible for your actual losses if directly caused by our failure to: Complete a funds transfer or a bill payment to or from your account on time. Cancel a funds transfer or a bill payment as properly requested. (b) We will not be responsible for your losses if: Through no fault of ours, you do not have enough available funds in your account to make the transfer or if your funds are subject to legal process or other legal encumbrance. You have given us inaccurate or incomplete information. Your payment instructions are not given to us sufficiently in advance to allow for timely payment or delays in mail service. You have overdraft protection with us and the transfer would exceed the overdraft protection limit. We have reason to believe a transaction has not been properly authorized. The losses result from an electronic device virus or related problem. Your electronic device or any part of the Services was not working properly. Circumstances beyond our control, such as a fire or a flood, interfered with or prevented the transaction. We made a timely payment but the payee (i.e. a merchant or other institution) did not timely credit your payment. You or we have terminated this Services Agreement. You are a business customer, and we have acted in accordance with reasonable commercial standards of the banking business and the security procedures described herein. There may be other exceptions in our agreements with you.
6. MISCELLANEOUS (a) Other Agreements. In addition to this Services Agreement, you agree to be bound by and will comply with the requirements of the Terms and Conditions governing your deposit and/or loan accounts, the rules and regulations of any funds transfer system to which we belong, and applicable state and federal laws and regulations. (b) Right to Terminate. We may terminate any or all of your Diamond Credit Union Electronic Banking Services any time for any reason, without prior notification. Electronic Banking customers with no deposit account may be removed from the service after 120 days with no login activity. If your Service is discontinued, your Bill Pay information will be lost. If you wish to cancel any of your Services, please contact us by any of the methods described in this Agreement. (c) Notices. Except as otherwise provided in this Services Agreement, all notices required to be sent to you will be effective when we mail or transmit them, through e-mail or secure electronic messaging, to the last known address or to the last known e-mail address that we have for you in our records. For accounts with more than one owner, we may send notices to any one co-owner. A notice sent to any one co-owner is effective for all. You agree that we may send or provide electronically any notice, communication, or other disclosure required to be provided orally or in writing to you. We may require written paper confirmation of any electronic or verbal communication that you request. Information you send to us is deemed delivered when we receive and review it. (d) Statements. E-Statements periods retained online are limited to the six (6) most current statement cycles. You will receive an email notification when your electronic account statement is ready for retrieval within NetBranch (Online Banking). You agree to and understand that it is your responsibility to view, print, and/or save your statements for future reference. Access to these statements will be password-protected via a NetBranch (On-line Banking) sign-on for your security and protection. All of your transfers made through the Services will appear on your monthly account statement. You agree to review your statement promptly after you receive it. If your statement shows transactions that you did not authorize, you must tell us at once. You also agree to tell us promptly about any change in your address. Certain accounts will receive a quarterly statement if there is no monthly activity. (e) Fees. You agree to be responsible for any carrier charges or Internet Service Provider fees, which you may incur by accessing your accounts via the Services, including but not limited to: talk, text, picture, video, instant messaging, web, email, Internet use, and any overlimit charges. (f) Governing Law. This Services Agreement shall be governed by the laws of the State of Pennsylvania, and where applicable, by Federal law. (g) Assignments. We may assign our rights and delegate our duties under this Services Agreement to a company affiliated with Diamond Credit Union or to any other party. You may not assign this Agreement in whole or in part. (h) Amending this Online/Electronic Banking Services Agreement. You agree that we may change the charges, fees or other contract terms described in this Services Agreement. When we change any fees, charges or other material terms, we will update this Services Agreement and either send you notice at the address shown on our records, or send an electronic message. Notice will be sent at least 30 days in advance of the effective date of any change in fees for electronic transactions or of any stricter restrictions on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is needed to maintain or restore the security of the system. If such a security change is made and it can be disclosed to you without jeopardizing the security of the system, we will provide you with written notice, or notice via email or a secure electronic message within 30 days after the change. You may choose to accept or decline such changes by continuing or discontinuing the account or the Services to which any such changes relate. (i) Limitation of Liability: UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, ECONOMIC OR LOST PROFITS, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, YOUR ELECTRONIC DEVICE, THE SOFTWARE, THE DIAMOND CREDIT UNION ELECTRONIC BANKING SERVICES, INTERNET BROWSER, OR INTERNET ACCESS SOFTWARE, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. (j) Warranties Disclaimer. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", AS WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, THE SERVICES, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (k) No Waiver. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under the Services Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.
7. FEES AND CHARGES (a) Monthly fees may be assessed against your account as set forth in the Fees Schedule. (b) Fee Account. You agree to promptly pay all applicable fees and charges for the Services, and authorize us to charge your designated Fee Account for such fees or charges. If your Fee Account has insufficient funds to cover payment of fees, we may deduct the fee from any other deposit account that you may have with us.
8. NOTIFICATION OF REGULATORY AUTHORITY This Services Agreement and the Diamond Credit Union Electronic Banking Services provided hereunder are governed by the State of Pennsylvania and Federal law. You may notify the Federal Reserve Bank, or the Department of Professional & Financial Regulation, Bureau of Financial Institutions of the State of Pennsylvania, at the following addresses, of any violation of law. Federal Reserve Bank of Philadelphia Consumer Affairs Division 10 North Independence Mall W. Philadelphia, PA 19106 Phone:(215) 574-6000 / Pennsylvania Department of Banking and Securities Credit Union Division 17 North Second Street Suite 1300 Harrisburg PA 17101. Phone: (800) 965-5235
10. PROVISIONS APPLICABLE TO CONSUMERS ONLY (a) Liability of Consumers for Unauthorized Transactions. Should you permit other persons, or entities to utilize the services to access your account(s), you are responsible for any transactions that they authorize. Notify us immediately if you believe someone has improperly obtained your credentials, if you believe someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To the contrary, the possibility exists that your available funds (plus your maximum overdraft line of credit, if any) could be accessed via the Services. To notify us, please call (610) 326-5490, or Toll Free: 800-593-1000. If you tell us that your credentials have been compromised within 2 business days after you learn of the loss or theft, you can lose no more than $50 if used to access your Diamond Credit Union deposit account without your permission. If you do not tell us within 2 business days after you learn of the loss or theft and we could have prevented the unauthorized use if you had told us, you are responsible for all unauthorized transfers or withdrawals, but your maximum liability for any such transfers or withdrawals is $500. If you believe a transfer or withdrawal shown on your statement was not authorized by you, contact us immediately. If you do not notify us within 60 calendar days after the paper or electronic monthly statement was made available to you, and we could have prevented a loss if you had told us in time, you may not recover any money lost after the 60 days. If there are extenuating circumstances such as a long trip or hospital stay which kept you from telling us, these time periods may be extended. Call us at (610) 326-5490, or Toll Free: 800-593-1000, or write to us at Diamond Credit Union, 1600 Medical Drive, Pottstown, PA 19464, regarding any unauthorized transactions. (b) Errors and Questions. If you have questions or you think there has been an error concerning the Services, you should contact us at (610) 326-5490, or Toll Free: 800-593-1000, or write to us at Diamond Credit Union, 1600 Medical Drive, Pottstown, PA 19464. We must hear from you within 60 calendar days after we have sent the first paper or electronic monthly statement on which the problem or error first appeared. If you notify us verbally, we may require you to send your complaint or question in writing within 10 business days of the verbal notice. We will need to know the following for all errors: Your name and account number. A description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need additional information. The dollar amount of the suspected error. For a Bill Pay issue, the checking account number used to pay the bill, payee name, date payment was scheduled, payment amount, reference number and payee account number. We will advise you of the results of our investigation within 10 business days after we hear from you and will promptly correct any error we have made. If we need additional time to complete our investigation, we may take up to 45 days but we will provisionally re-credit your account within 10 business days for the amount you think is in error. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days after the request, we will not re-credit your account. If we determine that there was no error, we will send you a written explanation within 3 business days after we complete our investigation. You may request copies of documents that we used in our investigation.
11. PROVISIONS APPLICABLE TO BUSINESS DEPOSIT ACCOUNT CUSTOMERS (a) Notification of Unauthorized Transactions. Notify us at once if you believe someone has improperly obtained your login credentials. This will ensure the best protection of your account and avoid the possibility of unauthorized withdrawals. In addition, notify us at once if you believe someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, please call (610) 326-5490, or Toll Free: 800-593-1000. You agree that the following security procedures govern your use of the Services when accessing your business accounts: You will set up login credentials. These must be used to access your business accounts. You agree to protect these credentials to prevent unauthorized use. You are liable for all transactions that you or any authorized users make or authorize, even if that person exceeds your authority. You will also be liable for all transactions by an authorized user until you have notified us revocation of the authorized user's authority, and we have had a reasonable time to act on such notice to block the affected access device. You are also liable for any and all unauthorized use that occurs before you have notified us that your credentials have been lost or stolen or used without your authority and before we have had a reasonable opportunity to block the affected access device(s). Your use of the Services constitutes your agreement that our security procedures are commercially reasonable. With respect to all claims of third parties, you agree to reimburse and indemnify us and hold us harmless against any and all damages, losses, liabilities and claims of any kind or nature, including attorneys' fees and court costs, arising out of or in connection with, the performance by us of our duties and obligations under the Services Agreement, as well as all costs and expenses, of defending against any claim or liability arising out of or relating to the Services Agreement; provided however, that the foregoing shall not apply when we have failed to act in accordance with our security procedures. If you think that a transfer or withdrawal shown on your monthly statement is incorrect, or if you believe that an unauthorized transfer or withdrawal has occurred, contact us at once. (b) Errors and Questions. If you have questions or you think there has been an error about funds transfers or bill payments made through the Services, you should contact us at (610) 326-5490, or Toll Free: 800-593-1000.We must hear from you no later than 60 days after we have sent the first paper or electronic monthly statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within 10 business days. We are going to need to know the following: Your name and account number. A description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need additional information. The dollar amount of the suspected error. For a bill payment issue, the checking account number used to pay the bill, payee name, date the payment was scheduled, payment amount, reference number and payee account number for the payment in question. We will tell you the results of our investigation within a reasonable time after we hear from you and we will correct any error.
Accessing services constitutes acceptance of our electronic agreement, the Electronic Funds Transfer Disclosure and Fee Schedule and all of the terms and conditions contained in the Important Account Information for our Members brochure, which is incorporated herein by reference and that was previously provided to you when you opened your account. Access is for members only. Unauthorized access attempts are violations of federal regulations and violators will be prosecuted.