Mobile and Online Banking Agreement
KEYPOINT CREDIT UNION
CONSUMER DIGITAL BANKING ENROLLMENT AGREEMENT AND ELECTRONIC FUNDS TRANSFER DISCLOSURE FOR ONLINE BANKING AND MOBILE BANKING
Digital banking fraud is widespread. Do not use Digital Banking to send money to any person or company unless the person or company is known to you and you are certain the payment information is correct for the party you intend to pay. Once initiated, Digital Banking payments generally cannot be reversed. Do not send money to unknown persons or companies who contact you in person, over the phone, or via e-mail or text message. Do not give any person your Digital Banking access credentials, transaction verification codes, or other information that would enable them to initiate or complete payments out of your account unless you intend to give them permission to take all the money in your KeyPoint Accounts plus the maximum available credit on any line of credit you have established as an Overdraft Protection Plan on your KeyPoint Checking Account.
Introduction
This Consumer Digital Banking Enrollment Agreement and Electronic Funds Transfer Disclosure (“Agreement”) governs use of the Online Banking service offered by KeyPoint Credit Union (“KeyPoint,” “we,” “us”) for consumer, family, or household purposes, including features available through the KeyPoint Mobile Banking application (the “Service”). “You” and “your” refer to the Authorized Person who enrolls in the Service and any person to whom you give your credentials to access the Service. “Authorized Person” means any Owner, Agent, Obligor, or other person who has been identified to KeyPoint in person or by an authenticated, legally sufficient writing to conduct activity on your KeyPoint accounts or loans. This Agreement includes your rights and obligations and KeyPoint’s right and obligations as to the Service. You will need a personal computer with internet access to enroll in and use Online Banking. To use Mobile Banking on your internet-enabled mobile device, you must install the KeyPoint Mobile Banking app, available in the Google Play App Store and the Apple App Store, on your device. By enrolling in Online Banking, you agree to the terms and conditions of this Agreement. Refer to the current version of the KeyPoint Consumer Member Handbook for additional terms applicable to your KeyPoint membership and accounts.
Description
The Service allows you to access your accounts, transfer funds, initiate payments, and set controls on use of your KeyPoint debit card and credit card, 24/7, from anywhere in the world. Please note, services marked with an asterisk (*) in this section are available via the Service but are not Electronic Funds Transfers (“EFTs”) or subject to the Electronic Funds Transfer Act or Consumer Financial Protection Bureau Regulation E.
Setup
With your personal computer, you can enroll in Online Banking to gain access to most accounts on which you are an Authorized Person. To enroll, go to our website, www.kpcu.com, and follow the Online Banking enrollment instructions. Online Banking enrollment will give you automatic access to Online Banking transfers, and Mobile Banking, but you must download the KeyPoint Mobile Banking application (App) to use Mobile Banking.
Available Services
Within Online Banking and Mobile Banking, you will also be able to enroll in KeyPoint’s Online Bill Payment, Online Money Movement, and Mobile Deposit (mobile device camera-based remote deposit) Services. These services are subject to the terms of the KeyPoint Consumer Member Handbook. Additional Digital Banking services may become accessible in the future. Some Digital Banking Services, such as Mobile Deposit, may require approval.
Additional Terms Applicable to Digital Banking
At the time of this publishing, Digital Banking information is encrypted by Secure Socket Layers (SSL) capable of 128-bit encryption. The latest mainstream browsers that support 128-bit encryption are required for access to Digital Banking. As advancements are made in internet security and encryption standards, software requirements may change. Refer to our website at www.kpcu.com for current requirements and a list of supported operating systems and browsers.
The Digital Banking Bill Payment platform will give you an estimated time it will take your payments to reach your payees. This will depend on whether the payee accepts electronic payments or requires payment by check. You are responsible for scheduling Bill Payments to arrive at your payees on time. KeyPoint will have no liability to you or any third party arising out of your use of the Bill Payment service within Digital Banking except for actual damages (limited to late fees and interest) arising out of our failure to timely and accurately process a Bill Payment consistent with the instructions you enter. In no event will KeyPoint be liable for alleged consequential, indirect, or punitive damages arising out of your use of the Bill Payment service, such as alleged lost business opportunities or alleged harm to your credit standing.
You are solely responsible for determining whether the party you intend to pay accepts Digital Banking payments. KeyPoint will have no liability to you because a payee does not accept Digital Banking payments.
You can cancel Bill Payments you have set up within the Digital Banking system at any time before the payment has begun to process. However, once a bill payment has begun to process, it cannot be stopped, and you must resolve any dispute you have directly with the person or company to whom you made the payment.
KeyPoint makes Digital Banking services available through third-party licensors of systems and software. Those third-party licensors hold all intellectual property rights to these systems and software. You agree not to tamper with, attempt to reverse engineer, or otherwise engage in any activity that could damage the Digital Banking systems or software or interfere with the intellectual property rights of KeyPoint’s licensors.
Mobile Deposit
With the KeyPoint Mobile Banking app, you can use the camera feature on your mobile device to deposit checks payable to you. Within the app, you submit a photo of the front and back of the endorsed check and follow the instructions. By submitting a check for deposit through Mobile Banking, you warrant (1) the check is payable to you and endorsed by you “For Mobile Deposit only to KeyPoint CU,” (2) the check is drawn on a US financial institution and payable in US dollars, (3) the check has not previously been presented for payment or deposit, (4) the check is not remotely created check, and (5) you have no reason to believe the check has been altered, is counterfeit, or is otherwise fraudulent. We will notify you by text message or email when your deposit is accepted for processing. You agree to mark the physical copy of any check deposited by Mobile Deposit “void” after you receive confirmation that we have accepted the check for processing. We can refuse to accept a check submitted via Mobile Deposit for any lawful reason.
Funds from checks deposited by Mobile Deposit are not subject to the Funds Availability Policy in the KeyPoint Consumer Member Handbook and may not be available until final collection of the check from the paying institution. Depending on your account history with KeyPoint, we may make funds available from Mobile Deposits earlier as an accommodation, but we are not required to do so.
We will not be liable to you for failure to complete a mobile deposit if the check image does not meet processing system standards for legibility, the check has previously been presented for payment or deposit, the check is not payable to you, the paying financial institution declines to pay the check for any lawful reason, or the check otherwise does not meet the Mobile Deposit requirements.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT MOBILE DEPOSIT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Fees for Digital Banking Services
Refer to the KeyPoint Consumer Fee Disclosure for fees associated with Digital Banking Services.
Limits on Digital Banking Use
Digital Banking transfers and withdrawals are subject to the “Deposits, Withdrawals, Payments, and Transfers” section of the KeyPoint Consumer Member Handbook.
If your access code is entered incorrectly numerous times, Digital Banking can block access to your account. You can unlock your account in Online Banking or Mobile Banking, or you may contact KeyPoint to have your access reset. To unlock your account online or via the Mobile App, you will need to follow the disclosed password reset procedures. If you do not remember your username, you can request your username be sent to the email address or phone number on file within online banking and your account.
Your access may also be locked if you incorrectly enter the temporary passcode numerous times when accessing your accounts from an unrecognized device.
KeyPoint uses current encryption technology for Digital Banking to protect your accounts and information. However, we cannot guarantee the security of information transmitted over the internet.
Digital Banking is generally available 24 hours a day, seven days a week, subject to service interruptions for routine and emergency maintenance.
For security reasons, we set limit dollar amount and frequency limits on Digital Banking transactions. These limits can change from time to time to meet security and risk management needs. We will notify you separately of initial dollar amount and frequency limits of Digital Banking transactions when you set up the service. The Online Bill Payment platform will tell you any payment amount limits that apply to Online Bill Payment. For current transfer limit information applicable to your Digital Banking Services, you can contact us. See “HOW TO CONTACT US” at the end of this Agreement.
You are prohibited from using Digital Banking for illegal transactions. You are solely responsible for determining the legality of transactions you initiate using Digital Banking. We have the right, but do not undertake a duty, to block or decline to process any Digital Banking transaction we reasonably believe may be illegal or cause KeyPoint a loss. The actual or alleged illegality of an authorized digital banking transaction will not be a defense to your obligation to pay any about by which you become indebted to us as a result of the transaction.
KeyPoint reserves the right, by providing any notice required by law, to suspend or cancel Digital Banking access or change the types of available transactions. Among the circumstances in which access or transactions may become unavailable without notice include emergency conditions or if KeyPoint deems it necessary to maintain security or prevent a loss.
Documentation of Digital Banking Transactions
Digital Banking transactions will be reflected in your periodic statements. You can use Online Banking or Mobile Banking any time to review account activity.
Security
You are responsible for maintaining the security of your KeyPoint accounts, account access devices, and account access credentials. Any person to whom you voluntarily give your account information, access devices, or access credentials, whether or not they are known to you, is considered an “authorized user” and can conduct any transaction you can conduct yourself. We will not reimburse you for losses incurred as a result of transactions initiated by you or authorized users.
Do not leave your Digital Banking access credentials in locations where they can be found and used by unauthorized persons. Contact us immediately if you become aware that an unauthorized person has or may have obtained your access credentials or if you detect any unauthorized activity.
In handling your service requests and inquiries, in our exchange of communications with you, we may ask you to provide limited personal information to confirm your identity for security purposes. However, we will never initiate unsolicited communications asking you for confidential personal information such as your full social security number, account number, or confidential access code. We already have this information and will not need it when contacting you. No KeyPoint personnel will ever ask you to share your Digital Banking access credentials.
Your Potential Liability for Unauthorized Digital Banking Transactions
Tell us AT ONCE if you believe any KeyPoint EFT access device or access code has been lost or stolen or has been or may be subject to unauthorized use, or if you believe that an electronic funds transfer has been made without your permission using information from a KeyPoint personal check. See “HOW TO CONTACT US” section at the end of this Agreement for how to provide this notification. Calling us is the best way to minimize your liability. If you do not tell us promptly, your liability may be up to the total balance in the account subject to unauthorized access, plus any available funds or credit limit in accounts or credit lines linked to the accessed account for overdraft protection.
If you report the loss, theft, or actual or potential unauthorized use of your EFT access device or access code to us within two (2) days after you learn about it, you can lose as much as $50 if someone used your access device or access code without your permission.
However, if you DO NOT tell us within two (2) business days after you learn of the loss, theft, or actual or potential unauthorized use of your EFT access device or access code and we can prove we could have stopped someone from using your EFT access device or access code without your permission, you could lose as much as $500.
Also, if your statement shows 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 or we sent you email notification that your electronic statement was available for viewing, you may not get back any money you lost after sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If you were precluded from telling us for a compelling reason, such as an extended trip or hospital stay, we will extend these time periods.
Any person to whom we issue an EFT access device or access code at the request of an Authorized Person, or to whom an Authorized Person gives an EFT access device or access code, or to whom an Authorized Person gives express or implied permission to use an EFT access device or access code, will be able to withdraw all of the money in your KeyPoint accounts linked to that device or access code plus any associated overdraft protection. We consider such persons to be Authorized Users. You agree that all Authorized Users may take any funds in your KeyPoint accounts (including funds from any overdraft protection source) until you notify KeyPoint to deactivate the EFT access device or access code. You are obligated to repay any debt to KeyPoint that results from the authorized use of EFT access devices or access codes, whether or not the Authorized User stays within any limits of use set by you. You remain liable for any authorized use of your KeyPoint EFT access devices or access that occurs before you tell us to cancel the device or code.
Consult your applicable loan agreements for liability for unauthorized direct access by EFT device to your lines of credit.
Governing Law and Terms
All KeyPoint account activity is governed by:
The current version of this Agreement is available when you log into Online Banking. We will provide notice required by law if the terms of this Agreement change. No change to the terms of this Agreement will be valid unless made pursuant to a KeyPoint change-in-terms notice or a writing signed by an authorized agent of KeyPoint.
Documentation of EFTs
If you have EFT activity on any KeyPoint account or activity other than the posting of dividends or deduction of fees on a KeyPoint checking account, we will provide you with monthly statements. Otherwise, we will provide you with statements at least quarterly.
Credit Union Liability
If we do not properly complete an EFT transaction according to our agreement with you, we may be liable for your direct losses or damages, subject to certain exceptions. We will not be liable if:
In no event will KeyPoint be liable for consequential, indirect, or punitive costs or damages that you claim resulted from our failure to correctly process EFTs.
We will carry out instructions we receive via EFT access devices, access codes, and in writing. We will not incur liability for doing so in a reasonable manner. You agree to defend, indemnify, and hold KeyPoint harmless from all costs, claims, damages, or liabilities that we sustain as a result of carrying out in a reasonable manner instructions received through EFT access devices, access codes, or in writing in the case of ACH transfers.
You are solely responsible for the installation, operation, and maintenance of, and payment for, all third-party equipment, software, and services you use in connection with KeyPoint EFT and other Digital Banking activity, including but not limited to your computer, mobile device, telephone, and internet service. KeyPoint will have no liability to you as a result of any failure or malfunction of any third-party equipment, software, or service you use or attempt to use in connection with your KeyPoint EFT activity. Use of Mobile Banking may result in charges from your wireless carrier.
If you experience technical difficulties with a KeyPoint-provided EFT device, system, or application, such as our Mobile Banking App or Online Banking, you can contact us, and we will make a good faith attempt to correct the problem if we determine it is caused by a circumstance within our control. HOWEVER, WITH RESPECT TO EFT AND OTHER DIGITAL BANKING SERVICES, KEYPOINT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULL EXTENT ALLOWED BY LAW: (1) ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND (2) ANY WARRANTY THAT KEYPOINT EFT OR OTHER DIGITAL BANKING SERVICES WILL OPERATE ERROR FREE AND WITHOUT INTERRUPTION.
Privacy—All EFTs
With respect to EFTs, in the ordinary course of business, we will disclose information to third parties about your accounts or the transfers you make:
Refer to our Privacy Statement for a comprehensive discussion of our policies on maintaining the privacy of your personal and financial information.
Change in Terms—Cancellation
We may change the terms of this EFT AGREEMENT by providing legally required notice to you.
You agree that we may immediately terminate this EFT Agreement and your use of KeyPoint EFTs, without notice, if any of the following occur:
Additional Terms
Generally, EFT services may be accessed seven days a week; however, ATMs and other EFT systems are sometimes closed temporarily for maintenance or repairs.
EFTs may involve other agreements you have with KeyPoint, such as checking or loan agreements. Wherever applicable, the terms of these agreements shall apply to the EFT transaction as well.
Unless otherwise required due to the laws of your state of residence, California and applicable federal law, including but not limited to Consumer Financial Protection Bureau Regulation E, govern this Agreement. If any provision is found to be unenforceable, the rest of the Agreement will remain in effect.
Your use of any EFT access device or access code constitutes your acknowledgement of receipt of this Agreement.
Our business days are Monday through Friday, excluding federal holidays. We may be open to provide limited services on other days, but we do not consider those days “business days” as that term is used in this Agreement.
If use of EFT services by you or any Authorized User results in your becoming indebted to KeyPoint, and you do not pay what you owe us, you agree that “Our Right to Recover What You Owe Us” in the KeyPoint Consumer Member Handbook applies.
In Case of Errors or Questions About Your EFTs
If you think that an electronic transfer shown on your statement is wrong, or if you need more information about a transfer, contact us at the telephone number or address listed under the “HOW TO CONTACT US” section at the end of this Agreement. Please tell us all the information requested under the section entitled “WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY” at the end of this Agreement.
We must hear from you no later than 60 days after we send you the FIRST statement on which the error or problem appeared. If you tell us orally, we may require that you send us your complaint or question in writing within ten business days. We will tell you the results of our investigation within ten business days (twenty business days if your account is less than 30 days old) after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days (90 business days for Point-of-Sale (POS) transactions, transactions involving foreign countries, or transactions on accounts less than 30 days old) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten business days (twenty business days if your account is less than 30 days old) for the amount you think is in error, so that you will have 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 business days, we may not provisionally credit your account while we investigate.
We will give you a written explanation of our investigation within three business days of completing it, whether or not we decide there was an error. You may ask for copies of the documents that we used in our investigation.
If we find that there was an error, we will change any provisional credit to a permanent credit. If we find that there was no error, we will reverse any provisional credit, and the amount of the provisional credit will be deducted from your account. We will notify you if this happens and will pay any items that overdraw your account for five business days after we send you this notice without imposing an overdraft fee, but only to the extent the overdrafts are equal to or less than the amount of the provisional credit we deducted. If any item overdraws your account by more than the amount of the provisional credit, you will be charged an overdraft fee.
HOW TO CONTACT US
To contact us by telephone, call us at (888) 255-3637.
You may also visit any KeyPoint Branch during normal business hours. For information on branch hours and locations, call us or visit www.kpcu.com/Contact.
You may write to us at: KeyPoint Credit Union, 2150 Trade Zone Blvd, Suite 200, San Jose, CA 95131.
You may send us secure email through Online Banking, Mobile Banking, or via our website at www.kpcu.com.
WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY
To enable us to investigate any claims of unauthorized transactions, errors, or other inquiries regarding your KeyPoint accounts, provide the following information in your correspondence:
Text © 2024 Greene & Allison. All rights reserved. Used under license with publisher.
Revision October, 2024
CONSUMER DIGITAL BANKING ENROLLMENT AGREEMENT AND ELECTRONIC FUNDS TRANSFER DISCLOSURE FOR ONLINE BANKING AND MOBILE BANKING
Digital banking fraud is widespread. Do not use Digital Banking to send money to any person or company unless the person or company is known to you and you are certain the payment information is correct for the party you intend to pay. Once initiated, Digital Banking payments generally cannot be reversed. Do not send money to unknown persons or companies who contact you in person, over the phone, or via e-mail or text message. Do not give any person your Digital Banking access credentials, transaction verification codes, or other information that would enable them to initiate or complete payments out of your account unless you intend to give them permission to take all the money in your KeyPoint Accounts plus the maximum available credit on any line of credit you have established as an Overdraft Protection Plan on your KeyPoint Checking Account.
Introduction
This Consumer Digital Banking Enrollment Agreement and Electronic Funds Transfer Disclosure (“Agreement”) governs use of the Online Banking service offered by KeyPoint Credit Union (“KeyPoint,” “we,” “us”) for consumer, family, or household purposes, including features available through the KeyPoint Mobile Banking application (the “Service”). “You” and “your” refer to the Authorized Person who enrolls in the Service and any person to whom you give your credentials to access the Service. “Authorized Person” means any Owner, Agent, Obligor, or other person who has been identified to KeyPoint in person or by an authenticated, legally sufficient writing to conduct activity on your KeyPoint accounts or loans. This Agreement includes your rights and obligations and KeyPoint’s right and obligations as to the Service. You will need a personal computer with internet access to enroll in and use Online Banking. To use Mobile Banking on your internet-enabled mobile device, you must install the KeyPoint Mobile Banking app, available in the Google Play App Store and the Apple App Store, on your device. By enrolling in Online Banking, you agree to the terms and conditions of this Agreement. Refer to the current version of the KeyPoint Consumer Member Handbook for additional terms applicable to your KeyPoint membership and accounts.
Description
The Service allows you to access your accounts, transfer funds, initiate payments, and set controls on use of your KeyPoint debit card and credit card, 24/7, from anywhere in the world. Please note, services marked with an asterisk (*) in this section are available via the Service but are not Electronic Funds Transfers (“EFTs”) or subject to the Electronic Funds Transfer Act or Consumer Financial Protection Bureau Regulation E.
Setup
With your personal computer, you can enroll in Online Banking to gain access to most accounts on which you are an Authorized Person. To enroll, go to our website, www.kpcu.com, and follow the Online Banking enrollment instructions. Online Banking enrollment will give you automatic access to Online Banking transfers, and Mobile Banking, but you must download the KeyPoint Mobile Banking application (App) to use Mobile Banking.
Available Services
Within Online Banking and Mobile Banking, you will also be able to enroll in KeyPoint’s Online Bill Payment, Online Money Movement, and Mobile Deposit (mobile device camera-based remote deposit) Services. These services are subject to the terms of the KeyPoint Consumer Member Handbook. Additional Digital Banking services may become accessible in the future. Some Digital Banking Services, such as Mobile Deposit, may require approval.
- You can use Online Banking and Mobile Banking where you see “(MB)” to:
- View a list of your accounts, available balances, account details and transaction history (MB)*
- View cleared KeyPoint check images (MB)*
- Export account history directly into personal finance software*
- Initiate transfers between your KeyPoint accounts (MB)
- Request an open-end loan advance in the form of a transfer to your KeyPoint checking or savings account (MB);
- Make payments from your KeyPoint checking or savings account to any KeyPoint Loan (MB)
- Initiate transfers to accounts of other KeyPoint members (MB)
- Initiate Automated Clearing House (ACH) transfers to and from accounts you have with other financial institutions (MB)
- Subject to limits KeyPoint may impose as to new recipients and/or dollar amounts, Initiate domestic and international wire transfers (MB) not subject to the Electronic Funds Transfer Act (MB)*
- Set up one-time or recurring online Bill Payments (MB)
- Set up electronic Bill Presentment (available from select billers)*
- Set up person-to-person or person-to-business payments using Zelle or similar payment services available within the platform (available payment services may change from time to time) (MB)
- Enroll in and access eStatements (electronic versions of your KeyPoint account and loan statements, IRS information returns, and other notices and disclosures) (MB)*
- Open and fund additional KeyPoint accounts (except IRA or Fiduciary Account) (MB)
- Apply for KeyPoint loans (MB)*
- Enroll in email account status alerts (MB)*
- Submit personal check stop payment requests (MB)*
- Order KeyPoint checks (MB)*
- Update your personal information including postal address, physical address, email address, and telephone number(s) (MB)*
- Update your Online Banking access credentials (MB)*
- Send secure messages to KeyPoint personnel (MB)*
- Order a debit card (MB)*
- Request a replacement for a lost or stolen debit card (MB)*
- Protect your accounts and credit by setting debit card or credit card controls to limit merchant types, transaction types, transaction amounts, and geographic areas in which your card can be used (MB)*
- Securely submit unauthorized activity or error claims (MB)*
- Manage authorized account user access (MB)*
- Change overdraft protection elections (MB)*
- In addition to the Online Banking services marked “(MB)” above, you can use the KeyPoint Mobile Banking App on your internet-enabled smart phone or tablet to:
- Submit deposits to KeyPoint via Mobile Deposit*
- Use Location Finder to find surcharge-free ATMs, KeyPoint Branches, deposit-taking ATMs and Co-op Shared BranchSM locations*
- View a list of your accounts and available balances*
- View individual account transaction history*
- Transfer money between accounts under the same core member number
- If you elect to enroll in eStatement delivery (“eStatements”), KeyPoint will make periodic account and loan statements and other required and permitted notices and disclosures on KeyPoint accounts and loans, such as IRS information return copies and change-in-terms notices, available electronically instead of mailing paper copies. You must be enrolled in Online Banking and have a computer or smart phone with internet access and software that enables you to view and save or print PDF documents to enroll in eStatements. If you wish to print copies of your eStatements and other documents that are made available to you electronically, you will need a compatible printer.
- We will deliver documents to you electronically by sending you an email indicating that they are available for pickup in KeyPoint’s secure Online Banking and Mobile Banking channels. Documents we provide electronically will have the exact same information as paper statements. You will have the same opportunity to contact us about any errors or problems. You can download and print any electronic documents we send you.
- You can discontinue eStatements at any time within Online Banking, or by visiting a branch or calling the Call Center. If you cancel eStatements, we will send statements and other documents to you via postal mail. You can also cancel paper statements and other paper documents at any time by enrolling in eStatements. Refer to the KeyPoint Fee Disclosure for paper statement fees that may apply.
- Even if you have enrolled in eStatements, KeyPoint reserves the right, at our sole discretion, to mail paper documents to you at your most recent address in our records if we deem it necessary or advisable.
- We will honor the most recent statement delivery method instructions of any Authorized Person on your account(s). However, if we receive conflicting instructions, we will send paper statements.
Additional Terms Applicable to Digital Banking
At the time of this publishing, Digital Banking information is encrypted by Secure Socket Layers (SSL) capable of 128-bit encryption. The latest mainstream browsers that support 128-bit encryption are required for access to Digital Banking. As advancements are made in internet security and encryption standards, software requirements may change. Refer to our website at www.kpcu.com for current requirements and a list of supported operating systems and browsers.
The Digital Banking Bill Payment platform will give you an estimated time it will take your payments to reach your payees. This will depend on whether the payee accepts electronic payments or requires payment by check. You are responsible for scheduling Bill Payments to arrive at your payees on time. KeyPoint will have no liability to you or any third party arising out of your use of the Bill Payment service within Digital Banking except for actual damages (limited to late fees and interest) arising out of our failure to timely and accurately process a Bill Payment consistent with the instructions you enter. In no event will KeyPoint be liable for alleged consequential, indirect, or punitive damages arising out of your use of the Bill Payment service, such as alleged lost business opportunities or alleged harm to your credit standing.
You are solely responsible for determining whether the party you intend to pay accepts Digital Banking payments. KeyPoint will have no liability to you because a payee does not accept Digital Banking payments.
You can cancel Bill Payments you have set up within the Digital Banking system at any time before the payment has begun to process. However, once a bill payment has begun to process, it cannot be stopped, and you must resolve any dispute you have directly with the person or company to whom you made the payment.
KeyPoint makes Digital Banking services available through third-party licensors of systems and software. Those third-party licensors hold all intellectual property rights to these systems and software. You agree not to tamper with, attempt to reverse engineer, or otherwise engage in any activity that could damage the Digital Banking systems or software or interfere with the intellectual property rights of KeyPoint’s licensors.
Mobile Deposit
With the KeyPoint Mobile Banking app, you can use the camera feature on your mobile device to deposit checks payable to you. Within the app, you submit a photo of the front and back of the endorsed check and follow the instructions. By submitting a check for deposit through Mobile Banking, you warrant (1) the check is payable to you and endorsed by you “For Mobile Deposit only to KeyPoint CU,” (2) the check is drawn on a US financial institution and payable in US dollars, (3) the check has not previously been presented for payment or deposit, (4) the check is not remotely created check, and (5) you have no reason to believe the check has been altered, is counterfeit, or is otherwise fraudulent. We will notify you by text message or email when your deposit is accepted for processing. You agree to mark the physical copy of any check deposited by Mobile Deposit “void” after you receive confirmation that we have accepted the check for processing. We can refuse to accept a check submitted via Mobile Deposit for any lawful reason.
Funds from checks deposited by Mobile Deposit are not subject to the Funds Availability Policy in the KeyPoint Consumer Member Handbook and may not be available until final collection of the check from the paying institution. Depending on your account history with KeyPoint, we may make funds available from Mobile Deposits earlier as an accommodation, but we are not required to do so.
We will not be liable to you for failure to complete a mobile deposit if the check image does not meet processing system standards for legibility, the check has previously been presented for payment or deposit, the check is not payable to you, the paying financial institution declines to pay the check for any lawful reason, or the check otherwise does not meet the Mobile Deposit requirements.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT MOBILE DEPOSIT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Fees for Digital Banking Services
Refer to the KeyPoint Consumer Fee Disclosure for fees associated with Digital Banking Services.
Limits on Digital Banking Use
Digital Banking transfers and withdrawals are subject to the “Deposits, Withdrawals, Payments, and Transfers” section of the KeyPoint Consumer Member Handbook.
If your access code is entered incorrectly numerous times, Digital Banking can block access to your account. You can unlock your account in Online Banking or Mobile Banking, or you may contact KeyPoint to have your access reset. To unlock your account online or via the Mobile App, you will need to follow the disclosed password reset procedures. If you do not remember your username, you can request your username be sent to the email address or phone number on file within online banking and your account.
Your access may also be locked if you incorrectly enter the temporary passcode numerous times when accessing your accounts from an unrecognized device.
KeyPoint uses current encryption technology for Digital Banking to protect your accounts and information. However, we cannot guarantee the security of information transmitted over the internet.
Digital Banking is generally available 24 hours a day, seven days a week, subject to service interruptions for routine and emergency maintenance.
For security reasons, we set limit dollar amount and frequency limits on Digital Banking transactions. These limits can change from time to time to meet security and risk management needs. We will notify you separately of initial dollar amount and frequency limits of Digital Banking transactions when you set up the service. The Online Bill Payment platform will tell you any payment amount limits that apply to Online Bill Payment. For current transfer limit information applicable to your Digital Banking Services, you can contact us. See “HOW TO CONTACT US” at the end of this Agreement.
You are prohibited from using Digital Banking for illegal transactions. You are solely responsible for determining the legality of transactions you initiate using Digital Banking. We have the right, but do not undertake a duty, to block or decline to process any Digital Banking transaction we reasonably believe may be illegal or cause KeyPoint a loss. The actual or alleged illegality of an authorized digital banking transaction will not be a defense to your obligation to pay any about by which you become indebted to us as a result of the transaction.
KeyPoint reserves the right, by providing any notice required by law, to suspend or cancel Digital Banking access or change the types of available transactions. Among the circumstances in which access or transactions may become unavailable without notice include emergency conditions or if KeyPoint deems it necessary to maintain security or prevent a loss.
Documentation of Digital Banking Transactions
Digital Banking transactions will be reflected in your periodic statements. You can use Online Banking or Mobile Banking any time to review account activity.
Security
You are responsible for maintaining the security of your KeyPoint accounts, account access devices, and account access credentials. Any person to whom you voluntarily give your account information, access devices, or access credentials, whether or not they are known to you, is considered an “authorized user” and can conduct any transaction you can conduct yourself. We will not reimburse you for losses incurred as a result of transactions initiated by you or authorized users.
Do not leave your Digital Banking access credentials in locations where they can be found and used by unauthorized persons. Contact us immediately if you become aware that an unauthorized person has or may have obtained your access credentials or if you detect any unauthorized activity.
In handling your service requests and inquiries, in our exchange of communications with you, we may ask you to provide limited personal information to confirm your identity for security purposes. However, we will never initiate unsolicited communications asking you for confidential personal information such as your full social security number, account number, or confidential access code. We already have this information and will not need it when contacting you. No KeyPoint personnel will ever ask you to share your Digital Banking access credentials.
Your Potential Liability for Unauthorized Digital Banking Transactions
Tell us AT ONCE if you believe any KeyPoint EFT access device or access code has been lost or stolen or has been or may be subject to unauthorized use, or if you believe that an electronic funds transfer has been made without your permission using information from a KeyPoint personal check. See “HOW TO CONTACT US” section at the end of this Agreement for how to provide this notification. Calling us is the best way to minimize your liability. If you do not tell us promptly, your liability may be up to the total balance in the account subject to unauthorized access, plus any available funds or credit limit in accounts or credit lines linked to the accessed account for overdraft protection.
If you report the loss, theft, or actual or potential unauthorized use of your EFT access device or access code to us within two (2) days after you learn about it, you can lose as much as $50 if someone used your access device or access code without your permission.
However, if you DO NOT tell us within two (2) business days after you learn of the loss, theft, or actual or potential unauthorized use of your EFT access device or access code and we can prove we could have stopped someone from using your EFT access device or access code without your permission, you could lose as much as $500.
Also, if your statement shows 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 or we sent you email notification that your electronic statement was available for viewing, you may not get back any money you lost after sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If you were precluded from telling us for a compelling reason, such as an extended trip or hospital stay, we will extend these time periods.
Any person to whom we issue an EFT access device or access code at the request of an Authorized Person, or to whom an Authorized Person gives an EFT access device or access code, or to whom an Authorized Person gives express or implied permission to use an EFT access device or access code, will be able to withdraw all of the money in your KeyPoint accounts linked to that device or access code plus any associated overdraft protection. We consider such persons to be Authorized Users. You agree that all Authorized Users may take any funds in your KeyPoint accounts (including funds from any overdraft protection source) until you notify KeyPoint to deactivate the EFT access device or access code. You are obligated to repay any debt to KeyPoint that results from the authorized use of EFT access devices or access codes, whether or not the Authorized User stays within any limits of use set by you. You remain liable for any authorized use of your KeyPoint EFT access devices or access that occurs before you tell us to cancel the device or code.
Consult your applicable loan agreements for liability for unauthorized direct access by EFT device to your lines of credit.
Governing Law and Terms
All KeyPoint account activity is governed by:
- The KeyPoint Consumer Member Handbook;
- Applicable Federal laws and regulations;
- The current version of KeyPoint’s Truth in Savings Disclosure for Consumer Accounts,
- KeyPoint’s Fee Disclosure; and
- The current version of KeyPoint’s Bylaws.
The current version of this Agreement is available when you log into Online Banking. We will provide notice required by law if the terms of this Agreement change. No change to the terms of this Agreement will be valid unless made pursuant to a KeyPoint change-in-terms notice or a writing signed by an authorized agent of KeyPoint.
Documentation of EFTs
If you have EFT activity on any KeyPoint account or activity other than the posting of dividends or deduction of fees on a KeyPoint checking account, we will provide you with monthly statements. Otherwise, we will provide you with statements at least quarterly.
Credit Union Liability
If we do not properly complete an EFT transaction according to our agreement with you, we may be liable for your direct losses or damages, subject to certain exceptions. We will not be liable if:
- Through no fault of ours, your account does not contain enough money, or you don’t have available credit or an Overdraft Protection Plan to make the transaction;
- The EFT system was not working properly, and you knew about the breakdown when you started the transaction;
- Money in your KeyPoint account is subject to legal process or other claim, or we have blocked access to your KeyPoint account due to your failure to meet your obligations to us;
- The EFT access device or access codes you are attempting to use has been reported missing and we have blocked its use;
- Circumstances beyond our control such as fire, flood, electrical failure, or malfunction of the central data processing facility prevent the completion of the transaction despite our reasonable precautions; or
- We establish other lawful exceptions and give you legally required advance notice of them.
In no event will KeyPoint be liable for consequential, indirect, or punitive costs or damages that you claim resulted from our failure to correctly process EFTs.
We will carry out instructions we receive via EFT access devices, access codes, and in writing. We will not incur liability for doing so in a reasonable manner. You agree to defend, indemnify, and hold KeyPoint harmless from all costs, claims, damages, or liabilities that we sustain as a result of carrying out in a reasonable manner instructions received through EFT access devices, access codes, or in writing in the case of ACH transfers.
You are solely responsible for the installation, operation, and maintenance of, and payment for, all third-party equipment, software, and services you use in connection with KeyPoint EFT and other Digital Banking activity, including but not limited to your computer, mobile device, telephone, and internet service. KeyPoint will have no liability to you as a result of any failure or malfunction of any third-party equipment, software, or service you use or attempt to use in connection with your KeyPoint EFT activity. Use of Mobile Banking may result in charges from your wireless carrier.
If you experience technical difficulties with a KeyPoint-provided EFT device, system, or application, such as our Mobile Banking App or Online Banking, you can contact us, and we will make a good faith attempt to correct the problem if we determine it is caused by a circumstance within our control. HOWEVER, WITH RESPECT TO EFT AND OTHER DIGITAL BANKING SERVICES, KEYPOINT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULL EXTENT ALLOWED BY LAW: (1) ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND (2) ANY WARRANTY THAT KEYPOINT EFT OR OTHER DIGITAL BANKING SERVICES WILL OPERATE ERROR FREE AND WITHOUT INTERRUPTION.
Privacy—All EFTs
With respect to EFTs, in the ordinary course of business, we will disclose information to third parties about your accounts or the transfers you make:
- When necessary to complete transfers;
- To verify the existence and condition of your account for third parties such as consumer reporting agencies or merchants;
- To comply with valid government agency or court orders; or
- If you give us your written permission.
Refer to our Privacy Statement for a comprehensive discussion of our policies on maintaining the privacy of your personal and financial information.
Change in Terms—Cancellation
We may change the terms of this EFT AGREEMENT by providing legally required notice to you.
You agree that we may immediately terminate this EFT Agreement and your use of KeyPoint EFTs, without notice, if any of the following occur:
- You or any Authorized User of your EFT access devices or access codes breach this or any other agreement between us (including loan agreements), provided that you will retain access to your accounts for the time set forth in the “Our Right to Suspend Access to Your KeyPoint Credit Union Accounts if You Default on Your Obligations to Us” section at the KeyPoint Consumer Member Handbook;
- We have reason to believe that there has been or may be an unauthorized use of your EFT access device or access code;
- We have been notified that there are conflicting claims to the funds in your accounts;
- Termination is necessary to preserve the security of KeyPoint accounts or systems;
- Any Authorized Person on your account authorizes us to do so; or
- Any other lawful reason.
Additional Terms
Generally, EFT services may be accessed seven days a week; however, ATMs and other EFT systems are sometimes closed temporarily for maintenance or repairs.
EFTs may involve other agreements you have with KeyPoint, such as checking or loan agreements. Wherever applicable, the terms of these agreements shall apply to the EFT transaction as well.
Unless otherwise required due to the laws of your state of residence, California and applicable federal law, including but not limited to Consumer Financial Protection Bureau Regulation E, govern this Agreement. If any provision is found to be unenforceable, the rest of the Agreement will remain in effect.
Your use of any EFT access device or access code constitutes your acknowledgement of receipt of this Agreement.
Our business days are Monday through Friday, excluding federal holidays. We may be open to provide limited services on other days, but we do not consider those days “business days” as that term is used in this Agreement.
If use of EFT services by you or any Authorized User results in your becoming indebted to KeyPoint, and you do not pay what you owe us, you agree that “Our Right to Recover What You Owe Us” in the KeyPoint Consumer Member Handbook applies.
In Case of Errors or Questions About Your EFTs
If you think that an electronic transfer shown on your statement is wrong, or if you need more information about a transfer, contact us at the telephone number or address listed under the “HOW TO CONTACT US” section at the end of this Agreement. Please tell us all the information requested under the section entitled “WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY” at the end of this Agreement.
We must hear from you no later than 60 days after we send you the FIRST statement on which the error or problem appeared. If you tell us orally, we may require that you send us your complaint or question in writing within ten business days. We will tell you the results of our investigation within ten business days (twenty business days if your account is less than 30 days old) after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days (90 business days for Point-of-Sale (POS) transactions, transactions involving foreign countries, or transactions on accounts less than 30 days old) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten business days (twenty business days if your account is less than 30 days old) for the amount you think is in error, so that you will have 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 business days, we may not provisionally credit your account while we investigate.
We will give you a written explanation of our investigation within three business days of completing it, whether or not we decide there was an error. You may ask for copies of the documents that we used in our investigation.
If we find that there was an error, we will change any provisional credit to a permanent credit. If we find that there was no error, we will reverse any provisional credit, and the amount of the provisional credit will be deducted from your account. We will notify you if this happens and will pay any items that overdraw your account for five business days after we send you this notice without imposing an overdraft fee, but only to the extent the overdrafts are equal to or less than the amount of the provisional credit we deducted. If any item overdraws your account by more than the amount of the provisional credit, you will be charged an overdraft fee.
HOW TO CONTACT US
To contact us by telephone, call us at (888) 255-3637.
You may also visit any KeyPoint Branch during normal business hours. For information on branch hours and locations, call us or visit www.kpcu.com/Contact.
You may write to us at: KeyPoint Credit Union, 2150 Trade Zone Blvd, Suite 200, San Jose, CA 95131.
You may send us secure email through Online Banking, Mobile Banking, or via our website at www.kpcu.com.
WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY
To enable us to investigate any claims of unauthorized transactions, errors, or other inquiries regarding your KeyPoint accounts, provide the following information in your correspondence:
- Your name and the number of the account on which the questioned transaction occurred;
- A description of the transaction you question;
- As clear an explanation as you can provide as to why you believe the transaction was unauthorized or another error occurred on your account; and
- The date and dollar amount of the questioned transaction.
Text © 2024 Greene & Allison. All rights reserved. Used under license with publisher.
Revision October, 2024