Bill Payments &
Presentment. 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
creditors the Credit Union has designated in the User Instructions
and such creditors as you authorize. The Credit Union will
not process any bill payment transfer if we know the required
transaction information is incomplete. In any event, 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 charge you a NSF fee. The Credit Union reserves
the right to refuse to process payment instructions that
reasonably appear to the Credit Union to be fraudulent or
erroneous. The Credit Union will process your bill payment
on the scheduled process 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) BUSINESS days for check payments and (3)
BUSINESS days for electronic 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 payments submitted
by check under certain circumstances. There is a stop
payment fee of $35.00. If you discover an error in or
want to change a payment instruction (i.e. payment date
or payment amount) for a variable or fixed payment that
you have already scheduled for transmission through the
Heritage Online service, you may electronically edit or
cancel, if applicable, your payment request through the
Heritage Bill Pay. Your cancellation request must be entered
and transmitted through the Heritage Online service before
the date you have scheduled for payment. If your request
is not timely entered, you will be responsible for the
payment.
3. 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 the Credit Union suffers a
loss, we may terminate your electronic funds transfer and
account services immediately.
4. Member Liability. You are responsible
for all transfers you authorize using the Heritage Online
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 of keeping your possible losses down. For
Heritage Online 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. Your liability for unauthorized
loan transactions through the Heritage Online service is
$50.
Also, if your statement shows Heritage Online 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 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: (843) 832-2600
or (800) 845-5550 or write:
Heritage Trust Federal Credit Union
PO Box 118000
Charleston, SC 29423-8000
5. Business Days. Our business days are
Monday through Friday. Holidays are not included.
6. Fees and Charges. There are certain
charges for electronic fund 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.
Please also see Rate & Fee
Schedule.
a. The Heritage Online service is free.
b. The Electronic Bill Payment Service
is free.
Other fees may
apply.
7. Right to Receive Statements. Transfers
and withdrawals transacted through Heritage Online will
be recorded on your periodic statement.
8. Account Information Disclosure. We
will disclose information to third parties about your account
or the transfers you make:
a. As necessary to complete transfers;
b. 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;
c . To comply with government agency or
court orders;
d . If you give us your express permission.
9. 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:
a. If, through no fault of ours, 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.
b. 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
c. If your computer fails or malfunctions
or the Heritage Online service was not properly working
and such problem should have been apparent when you attempted
such transaction.
d. If circumstances beyond our control
(such as fire, flood, telecommunication outages, or strikes,
equipment or power failure) prevent making the transaction.
e. If the funds in your account are subject
to an administrative hold, legal process or other claim.
f. If you have not given the Credit Union
complete, correct and current instructions so the Credit
Union can process a transfer.
g. If, through no fault of ours, a bill
payment or funds transfer transaction does not reach a particular
creditor and a fee, penalty, or interest is assessed against
you.
h. If the error was caused by a system
beyond the Credit Union’s control such as a telecommunications
system or Internet service provider.
i. If there are other exceptions as
established by the Credit Union.
10. Termination of Electronic Funds Transfer Services.
You agree that we may terminate this Agreement
and your electronic funds transfer services, if you, or
any authorized user of your Heritage Online 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.
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.
11. Notices. The Credit Union reserves
the right to change the terms and conditions upon which
this service is offered. The Credit Union will inform you
before the effective date of any change, as required by
law. Use of this service is subject to existing regulations
governing the Credit Union account and any future changes
to those regulations.
12. Billing Errors. In case of errors
or questions about your Heritage Online transactions, telephone
us at the phone numbers or write us at the address set forth
in Section 4, paragraph 3 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.
- Tell us your name and account number.
- Tell us the dollar amount 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 or question
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 the 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.
13. 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 South Carolina 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 South Carolina law, to payment by the other party of
its reasonable attorney’s fees and costs, including
fees on any appeal, bankruptcy proceedings, and any post-judgement
collection actions, if applicable. Should any one or more
provisions of this Agreement be determined illegal or unenforceable
in any relevant jurisdiction, then such provision 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.
Unauthorized use is prohibited
18 U.S.C. 1030.
Fraud and Related Activity
in Connection with Computers
§ 1030. Fraud and Related Activity in Connection with
Computers
